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HomeMy WebLinkAbout122-17 Henries, JodyIA Permit Class NEW Permit Number 122-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources.Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Jody W. Henries, 1590 Alligator Loop Rd. Merritt. NC 28556 Authorizing development in Pamlico County at adi. to Lewis Creek in Mason Bay, at 199 Timber Point Dr., near Merritt as requested in the permittee's application dated 8/24/17, including attached workplan drawings (3), all dated 8/9/17. This permit, issued on November 1, 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 u inese terms may oe suoieci to noes, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The authorized docking facility shall not exceed the quarter width of the water body as measured from the edge of Coastal Wetlands across Lewis Creek. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires farther Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxtoh C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Henries ADDITIONAL CONDITIONS Permit No.122-17 Page 2 of 3 ,:;''?Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not . _exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as •measured from the bottom of the decking. permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. st Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent actors shall be attached to the structure in order to make it more visible during hours of darkness or ;ment weather. its permit authorizes a maximum of 1 formalized boat slip. ie boathouse shall not be completely enclosed or have side coverage more than one half the height of e side, from the roof waterward. ie authorized boathouse shall be single story, and shall not be designed to allow for second story use. attempt shall be made by the permittee to prevent the full and free use by the public of all navigable rters at or adjacent to the authorized work. General ..This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the =written approval of the Division of Coastal Management. 11-1 permittee shall maintain the authorized work in good condition and in conformance with the terms conditions of this permit. The permittee is not relieved of this requirement if he abandons the nitted activity without having it transferred to a third party. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2017-01984). 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. 2017-0227 V2. I Jody W. Henries Permit No.122-17 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the pernrittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The permittee is advised that many land disturbing activities are not authorized within 50 feet of the normal level unless specifically exempted by Environmental Management Commission's (EMC) Neuse River buffer regulations in place at the time of such development. NOTE: An application processing fee of $250 was received by DCM for this project. Attachment: Project Narrative 8/24/2017 199 timber pt. dock project The project that I have proposed at 199 Timber pt. in Merritt, NC on Mason bay,will be building a personal use dock with a covered boat lift to store my skiff. The dock will be used to leave the boat between family boat ride, fishing trips and to just set and relax. The project I hope is to be started by mid -September to beat the wet season so the impact on the ground will be less .A local marine contractor company will be vibrating the piling down with a small excavator. The first of October we will be placing the concrete dock panels and finishing up small details. The last step will be installing the boat lift by November. Jody Henries HenrieS20o@yahoo.com (252)670-4330 RE(-EIVED AUG 2 4 2017 DCM-• MHD CITY APPLICATION for Major Development Permit (lest revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Jody MI W Last Name Henries Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1590 Alligator loop Rd PO Box City Merritt Stale N.C. ZIP 28556 Country 1 Pamlico Phone No. 252 - 670 - 4330 ext. FAX No. - - Street Address (if different from above) City State ZIP Email henries200@yahoo.com 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) city State REC ZI Email AUG 2 4 2 I <Form continues on back> DCM— MHG a, , I 252.808.2808 :: 1-888.4RCOAST www.necoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. If Pamlico 199 Timber Pt Dr Subdivision Name City State Zip Timber Point Merritt N.C. 28556 Phone No. Lot No.(s) (if many, attach additional page with list) 252 " 670 - 4330 ext. ' lot #6 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Bay River Mason Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown Bay River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes JDNo work falls within. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sci t.) 417' ft 144,619.2'sq ft c. Size of Individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 3.3 aC 3ft ONHW or ❑NW L e. Vegetation on tract wet lands ,trees,grass, and shrubs f. Man-made features and uses now on tract Barn for storage,fill dirt for house foundation and low spots g. Identify and describe the existing land uses aJacent to the proposed project site. empty lots It. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) residental []Yes ❑No RINA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes QNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No k]NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No IQNA National Register listed or eligible property? <Form continues on next page> RECE ) AUG 2 4 252-808-2808 :: 1-888-4RCOAST :: www.necoastalmarly}o 1AFh Lt•• Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ElYes ❑No III) Are there coastal wetlands on the site? IdYes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? @Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none, permit for off site drain feild o. Describe existing drinking water supply source. city water p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government private 15aPdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. private dock to leave my boat between fishing and family trips.somewhere for the children to swim,a place to sit and read my bible. 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. 1 excavator with vibrating attachment; l backhoe;1 compact tractor; generator;hand tools;pneumatic piling driver this equipment will be stored in shed or on the hill at the entrance of the property d. List all development activities you propose. a private dock with a covered boat lift and platform with step down e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? D aq ft ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes IONo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the stale. N/A I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No 2NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes UNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECr`fv "=1D AUG f � j!l 252-808.2808 .: 1-888-4RCOAST :: www.nccoastalmanag n _ - -el Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. see attached paper :project narrative b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. All work is new construction to be started on 9-9-17 c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site, 99 timber pt ,merritt,n d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management, Name Eric Johnson Phone No. Address 1263 Overton Circle ,Gallatin ,TN. 37066 (319)887-3860 Name Gregory Derman Phone No. Address 1480 North Ridge Path--Hernando,FL,34442 (352)513-3407 Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permiftee, and issuing dales. h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, If necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only th 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 fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. O Date - Atl - 17 Print Name Jody Henries Signature niw Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information REC�'-IVED AUG 2 4 2017 DCM- MHD CITY 252.808.2808 :: 1-888.4RCOAST :: www.necoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number 1 e If yes: (III) Length }ee /1193 �u '/�'y-2H (ii) Number (iv) Width J (III) Length (v) Floating []Yes allo (iv) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ®Yes []No f. (1) Are Boatlifts included? @Yes []No If yes: If yes: (ii) Number x 3 (ii) Number 1 (III) Length 101--13'-6"-'"' ,5 (iii) Length 20' (iv) Width 10'-45'-6" --- 10 (iv) Width 10_ (v) Floating []Yes t]No Note: Roofed areas are calculated /mm dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 1 in boathouse ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service na ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: (a Other, please describe: personal 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 personal skiff 15aOpen water; no dredging required []Other; please describe: k. Typical boat length: 20 I. (1) Will the facility be open to the general public? []YesQNo RECEIVED m. (i) Will the facility have tie pilings? ❑Yes ®No AUG 2 4 2017 (ii) If yes number of tie pilings? DCM- MHD CITY 252-800.2808:: t-aas-4RCOAST :: www.nccoastaimanaaement_net revised: 12127/06 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS MThis 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 pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (tt) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED AUG 2 4 2017 DCM- MHD CITY 252.808-2808 :: t-888.4RCOAST :: www.nccoastalmanagement.net revised: 12127/06 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 marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 200sf ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 9JNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) []This section not applicable a. (1) Is the boathouse stmcture(s): ❑Commercial ❑PublidGovernment ®Private/Community III) Number f (!if) Length 20_ (Iv) Width 10, Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) JaThis section not applicable a. (i) Number (it) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) JRThis section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliciGovemment ®Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) AUG 2 4 2017 njOVI- MHD CITY 252-808.2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 70' to the east property line Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 64' most constricted area e. (i) Will navigational aids be required as a result of the project? ❑Yes I]No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 320' to the next peir to the west d. Water depth at waterward end of structure at NLW or NWL 4' nwl 8. OTHER This section not applicable a. Give complete description: the purposed dock will have a covered 10'by 20' covered boat lift with a 10' by 10' platform and a 1 T-6"by 45'-6"platform. the platform at the end will have a small 4' by 10' step down. -�7 Date 199 Timber pt Project Name Jody Henries Applicant Name &-47 __:, cant Signature RECEIVED AUG 2 4 2017 DCM- MHD CITY 252-808.2808 :: 1-888.4RCOAST :: www,nccoastalmanagement.net revised: 12/27106 IL r1i Pamlico County, NC Disclamer. The matmals available or this web site are for reformational ymyosw only aM do or eor.I.e a legal docwncnt ` IaNlle7 r7 Mar/26/2017 yUfl t l Scale 1:1200 Map is not to scale.it only shows location and adjacent land owners ® _ W - U N �TT C7 G ''A W� C t {tea Q 1 oT _... 7/ Nen�CS toveCec} doa}— M+m�-+ma-_.e,-am�m. j ' c�i co 1' r 0. f i =�EIVED G42 4 2017 { i DC - M1HD CITY 1 i /fA , d CAM t S�u�� e ¢"�`k3„l "�^✓„�a�xE �aP e Y v � � � z ;�-'+sdc �+'� 7r e �. 't" a2 "`�� s� ,�., >. sr�� ��•�� `"i' a RECEIVED AUG 2 4 2017 DCM- MHD CITY r rL� .3cm 11 s J ,- ( rD i 4 ' --- 10" RECE ED `So�.�n� Cisdu;��• v;�w AUG 24 M7 DCM- i1 HD CITY s� �`VA4197.tj 3' r�.M Qs�om li DCM Coordinator �(,�Q Permit #: MAHdNG DISTRIBUTION SHEET-_,_. . Permiee: aoj W• �TtlMI1dS DCM Field Offices Elizabeth City (with revised work plan drawings) '*Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: 0-Renee Gledhill -Earley Heidi Cox (WIRO) Clif Whitfield (WARO) Shane Staples Curt Weychert David Harris Shannon Jenkins Tim Walton j�. 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: Wildlife Resources: LPO: Fax Distribution: Robb Mairs — 401 (Carteret Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Permittee #: Agent#. Coastal Management ENVIRONMENTAL QUALITY November 1, 2017 Jody Henries 1590 Alligator Loop Rd. Merritt, N.C. 28556 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure e�Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 Di VISION OF C-OAS'FALWANAGEMA-IIr'I- APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Jody Henries County: Pamlico LOCATION OF PROJECT: 199 Timber Point Dr., adj. Lewis Creek, Merritt. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8724/I7 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Connell DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: _9/12/17 FEE RECD: S 250.00 PUBLIC NOTICE REC'D: 9/6/17 END OF NOTICE DATE: 9/30/17 ADJ.-RIP. PROP NOTICES REC'D: Yes DEED R? ;C'D: Yes APPLICATION ASSIGNED TO: Bodnar ON: 9/12/17 C) 75 DAY DEADLINE: 1 I ! I 150 DAY DEADLINE: MAIL OUT DATE: _9/12/17 STATE DUE DATE: FEDERAL DUE DATE: -FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE. DENY DRAFTION AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management -Regional Representative Coastal Management- LUP Consistency Determigation `t! % Z i Division of Community Assistance ZI y - DEMLR-Land Quality Section Division of Water Resources-401 . Q ZZ (`� *<L0i'/-02Z7 V-Z DEMLR-Storm Water Management State Property Office Division of Archives & History (Cultural Resources) lI1ON3+.I� K DMF-Shellfish Sanitation 41511 x DWR-Public Water Supply ' - Z Division of Highways Wildlife Resources Commission rt Local Permit Office -- - - - - _ Division of Marine Fisheries- Fisheries Resource Spec. h Corps of Engineers �, I?_01-1- 019 ROY COOPER Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: August 29, 2017 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Brad Connell MICHAEL S. REGAN BRAXTON C. DAVIS SUBJECT: Comments and Recommendations - CAMA Major Permit —Jody Henries, Pamlico County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal shades 1,289 square feet of open water and 250 square feet of Coastal Wetlands. These waters of Lewis Creek are closed to shellfish harvest. This waterbody is a Primary Nursery Area. This proposal is subject to the Neuse River Basin Riparian Buffer Rules. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) Any portion of the docking facility, including the boathouse roof overhang, shall not extend greater than 15' waterward of the shoreline into Lewis Creek; 2) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, 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) The piers and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge; 4) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work; Nothing Compares_ Stale of North Carolina I Environmental Quality I Cowmil Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Henries August 29, 2017 Page 2 of 2 5) The permittee will 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; 6) This permit authorizes a maximum of 1 boat slip. At no time shall more than 1 vessel be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft; 7) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e); 8) Any development or land disturbing activity that is considered non -water dependent is not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development; 9) The portion of the pier built over Coastal Wetlands shall be elevated at least 3' above the wetland substrate. CC: Roy Brownlow, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.ncooastalmanagement.net An Equal Opportunity \ Affirmative Action Employer IG Cgq$ta1,l�atzU`�eltieitf' 4NVIQOYMEN1A,L'dUAUT.V September 12, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RQY COQ.P'ER .4'o.Ve!/tpr MICHAEL S..RE.GAN Secretary RPAXTQN C. DAVIS Dirkfor Rachel Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Jody Henries Pamlico County, adjacent to Lewis Creek at 199 Timber Point Dr., near Merritt. Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to'the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. p ,1 SIGNED DATE Noihing Compares_, State ofNofth Carolina I Environmental:Quatty I CoastAManagement Morehead CltyOfftce 1 400 Commerce Avenue I MoreheadCity,NC 28557 251808280E . Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner ,n\A Division of Coastal Management lll[, SUBJECT: Major Permit Request by Bob McDonald DATE: August 23, 2017 ROY COOPER corenmr MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Oirecror Consistency Determination: The request is consistent with/not in conflict the Pamlico County Joint CAMA Land Use Plan certified by the CRC on January 28, 2005. Overview: The applicant is proposing to construct a docking facility adjacent to Lewis Creek at 199 Timber Point Drive, Pamlico County. The 3.3-acre parcel has approximately 417' of continuous shorelines along Lewis Creek and Mason Bay, tributaries of the Bay River. Existing onsite development includes earthen fill (for future home site) and a storage shed. Vegetation on the parcel is mainly native trees and shrubs. There are Coastal Wetlands (Juncus roemerianus) within the project area. Areas of Environmental Concern affected include: Coastal Wetlands (CW), Estuarine Shoreline (ES), Estuarine Waters (EW) and Public Trust Areas (PTA). Lewis Creek approximately 60' across at this location, and Mason Bay is approximately 600' wide. The waterbody is classified as SC; Sw, HWCI;NSW. The site is classified as a Primary Nursery Area, and is closed to shellfishing. Submerged Aquatic vegetation (SAV) is not present at this location. There is not a defined Federal Channel in the nearby vicinity of the project area. The project is subject to the Neuse River Riparian Buffer Rules. Anticipated impacts resulting from this project are expected to include: shading of 1,289 ft2of estuarine waters and 250 ft2 of Coastal Wetlands due to the proposed docking facility. Traditional marine methodology would be utilized during construction. Turbidity impacts are not anticipated in Lewis Creek during the construction. Basis for Determination: The project is subject to the Pamlico County Joint CAMA Land Use Plan. The Future Land Use Map (FLUM) classifies the site as "Rural with Services", "Conservation I, II" (due to Estuarine Shoreline AEC), "Conservation II" (due to the properties shoreline that borders Primary Nursery Area), and Nothing Compares. —, State of North Carolina I Eaviromental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330 (in) North Carolina Department of Environmental Quality Division of Coastal Management Page 2 of 2 MEMORANDUM "Conservation III" (due to the properties Coastal Wetlands). The conservation land use designations are defined as follows: • Conservation I - "The purpose of this classification is to protect and to assist in the long-term management of the county's estuarine and public trust waters.... The counties primary goal is to "(1) to allow only those water uses and land uses in this classification that are consistent with conservation of these waters; and (2) to protect the public's rights to access, navigation and recreation. The county also allows development activities in this classification that require water access and that cannot function elsewhere, if these uses are designed, developed, and operated in a manner that is consistent with the primary goal. Examples of these uses include erosion control structures, docks and piers, marinas, and mooring pilings. • Conservation II - "establishes a permanent: conservation zone for all land within 75 feet of the natural mean high water level for all shorelines bordering primary nursery areas, estuarine waters, and public trust waters. Man-made ditches, canals, and basins are excluded from this classification ...... All construction activities are prohibited in this zone, except for those permitted under the CAMA use standards for estuarine waters and coastal wetlands". • Conservation III - "encompasses areas in the county that are designated as coastal wetlands... The county's primary goal for this land use classification is to protect the biological, aesthetic, economic, and life-style values associated with wetlands. To achieve this goal, the county will only support land uses and development that are consistent with the goal and that require water access and that cannot function elsewhere. These uses include those described in the CAMA use standards for coastal wetlands" T'sA NCAc 07H.0205(d) The following LUP policies may be applicable to this request: 2.0 Land Use Compatibility 2.1 Pamlico County strongly discourages any uses in estuarine waters that are not compatible with protection and conservation of their biological and community values. 2.1.1 Only development associated with water -dependent uses is allowed. Examples of appropriate development may include public access facilities, docks and piers, erosion control structures, or other uses that are permitted by CAMA use standards' NOAC T15A: 07H.0208 2.1.2 In all cases, the design of facilities or activities will ensure that any negative impacts on estuarine waters, during both construction and operation, are minimized and that they comply with all local policies and the policies of CAMA use standards. 2.3 The county strongly supports management of development in its estuarine shoreline to protect water quality and the aesthetics of the waterfront. 2.3.3 The county establishes a local, permanent conservation zone within 75 feet of the normal mean high water level or normal water level for all shorelines bordering public trust waters, estuarine waters, and any waters designated as primary nursery areas. 2.3.3.1 All development and construction activities will be prohibited in this area except for the following uses: marinas, docks and piers, boat ramps and similar structures providing public access; and structures to prevent erosion as described in the Public Access policies section. Nothing Compares..-,s.. State of North Carolina I Eavironmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fot) f� . #1 1k, Cp¢f�'tON E ?AVQUA �NVIgONMENAL'aVALnY September 12, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: CE SEP 13 2017 sh Sanitation E ?e eational Water Quality Sec: -- Shannon Jenkins Shellfish Sanitation Gregg Bodnar Major Permits Processing Coordinator ROY COOPER ll0y"r MICHAEL S. REGAN Sear Ory BRAXTON C. DAVIS Mew RECEIVED SEP 18 Z017 DCM- MHO CITY CAMA/DREDGE & FILL Permit Application Review Jody Henries Project Location: Pamlico County, adjacent to Lewis Creek at 199 Timber Point Dr., near Merritt. Proposed Project: Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to'the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. / DATE q1 S [17 FOe— S�1GtalflaYl i 1�ir1S -Nothing Compares State of North Camba I EnvfronmentalQuaRty l Coastal Management Morehead City Office 1400Cemmerce Avenue I Moreheadoty,NC 28557 2528082808 IL N1. t CQt�tta MWT. t UAInept' CN`tWeNMENTIJ.OUALRY September 12, 2017 MEMORANDUM: :TO: FROM: Lee Padrick Division of Community Assistance Gregg Bodnar Major Permits Processing Coordinator ROY COOPER pawhwr MICHAEL S. REGAN • Sebetilry BRA%TON C. VAVIS DUed ar SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jody Henries Project Location: Painlico County, adjacent to Lewis Creek at 199 Timber Point Dr., near Merritt. .Proposed Project: Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. ' REPLY _ •This agency has no objection i6 the project as proposed. ". V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See.attached. This agency 'objects. to the project for reasons described in the attached comments. SIGNED —Ole DATE � toihing Compares_,,. State otNolthOamba I EnvfmnmetWQmDtyl Coast4Mmagemmt Moreheadaty0ake 1400CammemeAveme I Moreheadaty,NO 2W 252808280B kin a: Coastal Afaa4gemeht ENVIRONMENTALL QUALMY September 12, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED SEP 1 3 2017 00A STATE PROPERTY OFFICE . Tim Walton State Property Office Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Q0VW7Wr MICHAEL S. REGAN seart4ry BRAXTON C. DAVIS Dlremr CAMA/DREDGE & FILL Permit Application Review Jody Henries Pamlico County, adjacent to Lewis Creek at 199 Timber Point Dr., near Merritt. Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED< DATE RECEIVED <�-Nothing Compares , SEP 2 2 2017 State 014orth Carodna I EltviranmentalQnalty 1 coastalMsnagement Morehead City Office 140OCemmerce Avenue I Moreheadaty,NC 28557 - DCM' MHD CITY 2528082808 September 12, 2017 MEMORANDUM: T0: FROM: SUBJECT: Applicant: ROY 6.QO.PER -Qtriernor MICHAEL S..REGAN SeGetgry BRAXTON C. DAVIS `01ieCfor R�CflV, g0//yCJDE1VWOWR SEP 18 2017 Q�Vfily Re ttc7ro, Was O9t n Rom ea��/lice. Anthony Scar braugh Division of Water Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Jody Henries Project Location: Pamlico County, adjacent to Lewis Creek at 199 Timber Point Dr., near Merritt. Proposed Project: Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this fortii, by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad, Connell, permit officer. at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: % This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the -project for reasons described in the attached comments. SIGNED Q`'L� Q c^-V—LIL`� P.. v DATE 5 cp k,. X,, a a , a<J.1% Bills' ao1�i- rJaa� v.a N. othing Compares� State ofNoethCamllna. I Environmental Quality I CoastalManagement Morehead City Office 1 400 Commerce Avenue I Moreheadrity.Nc 28557 2528082808 Water Resources Environmental Quality September 22, 2017 Mr. Jody Henries 1590 Alligator Loop Road Merritt, North Carolina 28556 Subject: NO WRITTEN CONCURRENCE REQUIRED 199 Timber Point Drive — Docking facility Dear Mr. Henries: ROY COOPER Governor MICHAEL S. REGAN - Secretary S. JAY ZIMMERMAN Director DWR Project # 2014-0227 v2 Pamlico County The Division of Water Resources (DWR) has received a copy of your CAMA Major application request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE), This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues it. In accordance with the attached General Certification #4097 (GC4097), the impacts described in your application do not require written authorization to utilize GC 4097. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncbah.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 CAM 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. !`� Nothing Compares-,, State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Jody Henries D W R# 2014-0227 v2 401APPROVAL Page 2 of 2 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1)-copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Chris Pullinger at 252-948-3922 or chris.oullineer@ncdenr.gov if you have any questions or concerns. Sincerely, Robert Tankard, Assistant Reg nal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4097 Certification of Completion cc: Josh Pelletier, USACE Washington Regulatory Field Office (via e-mail) Brad Connell, DCM Elizabeth City (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Jody Henries (via e-mail:. henries2000vaho.com) DWR WaRO 401 files Laserfiche a i r:a m Water P esources Eavironincntal Quality DWQ Project NO.: Applicant:. Project Name; Date of Issuance of Wetland Permit: County; ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAYZIMMERMAN Director Upon completion of all work approved within the 401 Water Quality Certificationand/or Buffer Rules, and any subsequent, modifications, the applicant Is required to return this certificate to the 401 & Buffer Permitting Unit, North Carolina Division of Water Resources,1617 Mail Service Center,. Raleigh, NC, 27699-1617, This form may be, returned to DWR by the applicant, tine applicant's authorized agent, or the project engineer. it Is not necessary to send certificates from all of these 1, hereby state that, to the best of myabilities, due care and diligence was used In the observation of the construction 'such that; the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials. Signature; Date: Agent's Certification 1, hereby state that, to the best of myabilities, due rare and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and Intent of the 401 Water Quality Certification and /or Buffer Rules/the approved plans and specifications, and other supporting materials. Signature; Date; If this project was designed by a Certified Professional 1, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, havingbeen authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used In the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and/or Buffer Rules, the approved plans and specifications, and other supporting materials, Signature: RegistcationNo. Date ^IVothttlg Compa*e.r<- state :of Nonh Carol na I Enviroamenml Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889: 252.946-6481 ' 2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4097 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291 INC COASTAL AREA MANAGEMENT ACT) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000D48, 198700056,197800080,197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3,12,13,14,18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4097 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 54) of the' US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: March 19, 2017 Signed this day March 6, 2017 M for S. Jay Zimmerman, P.G. Director i GC4097 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Activities authorized by LAMA permits, except for: i) Activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500, 1600,1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500 and 2600; 11) Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; III) Shoreline protection measures (excluding living shorelines/marsh sills) that tie into existing bulkheads, land or other shoreline protection measures or do not extend waterward of the normal high water line or normal water level more than 30 feet provided that the activity will not Involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources as identified by the Division of Marine Fisheries and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iv) Living shorelines/marsh sills, Including activities authorized by CAMA General Permit 2700, that do not extend waterward of the normal high water line or normal water level more than 30 feet, the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources, as Identified by the Division of Marine Fisheries, and do not result In any fill landward of the toe of the sill alignment; v) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B.0225(7) & (B)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever Is applicable); vi) Maintenance dredging of less than 0.5 acres of open water or non -vegetated wetlands provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vii) Projects that Involve only shading of waters or wetlands that do not meet the criteria listed in item v above; All) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; Ix) Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be Page 2 of 12 J 4 GC4097 considered, which may include. boat ramps, bulkheads or other shoreline stabilization measures; and x) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; c) Any stream relocation or stream restoration; or d) Any impacts except shading to SAV or significant shellfish resources as identified by the Division of Marine Fisheries; or e) Any impacts Unique Wetlands (UWL); or f) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or g) Any Impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i) The activities are listed as "EXEMPT" from these rules; or ii) A Buffer Authorization Certificate is Issued by the NC Division of Coastal Management (DCM); or 111) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included In this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released Into open shellfish waters. Shellfish Sanitation and the Division of Water Resources shall be notified if this is to occur. [i5A NCAC 02B .0221] 2. If this Water Quality Certification is used to access residential, commercial or Industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional Impacts to wetlands, waters, or state regulated riparian buffers. 115A NCAC 02H .0506(b)(4) and (c)(4)] 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [i5A NCAC 02H .0506(b)(2) and (c)(2)) Page 3 of 12 ,1 GC4097 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever Is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)] 5, For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the flve-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. 115A NCAC 02H .0506(b)(4) and (c)(4)] 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate Installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control. Act and the Mining Act of 1971. [iSA NCAC 02H .0506(b)(4) and (c)(4)] 7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF) personnel. [35A NCAC 02B .0221] 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other projects that disturb one acre or more of land (including a project that disturbs less than one acre of land that Is part of a larger common plan of development or sale); have permanent wetland, stream, or open water Impacts; and are proposing new built -upon area shall comply with the following requirements: 115A NCAC 02H .0506(b)(5) and (c)(5)] a. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 021-1.1017. b. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs do not satisfy this condition. Projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs do not satisfy this condition. c. Projects that require written authorization from DWR shall submit the following with their application for review and approval: Page 4 of 22 GC4097 For projects that have a stormwater management plan (SMP) reviewed under a state stormwater program' or a state -approved local government stormwater program' shall submit plans that show the location and approximate size of all proposed stormwater measures; ii. All other low density projects not covered above shall submit a completed low density supplement form with all required Items; and Ill. All other high density projects not covered above shall submit a completed SMP, including all appropriate stormwater control measure (SCM) supplemental forms and associated Items, that complies with the high density development requirements of 15A NCAC 02H .1003. d. Projects that do not require written approval from DWR shall obtain approval of the SMP, when required, before any impacts authorized by this Certification occur. e. SMPs approved by DWR may be phased on a case -by -case basis. SMPs for each future phase must be approved before construction of that phase commences. Approved SMPs may not be modified` without prior written authorization from DWR. IL GENERALCONDMONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the Impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .05021 No removal of vegetation or other Impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of Impacts approved in a Buffer Authorization or Varlance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200) 3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for losses of greater than 150 linear feet of streams and/or greater than one (1) acre of wetlands. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of ' e,g. Coastal Counties, HQW, ORW, or state -Implemented Phase II NPOES ' e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 5 of 12 GC4097 development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 150 linear feet per stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts, 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. S. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur, [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200] Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOTSediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, Including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and Implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent Impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .05021 Page 6 of 12 r GC4097 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .0201) 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project Is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, Inspections and maintenance, self -monitoring, record keeping and reporting requirements is required, [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. 115A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream In connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as Page 7 of 12 GC4097 to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)) Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 Inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible Including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been Investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to Include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the'natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Page 8 of 12 GC4097 12, Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. -Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H ,0506(b)(5)] 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. 115A NCAC 02B .0200 and 15A NCAC 02B .02311 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. 115A NCAC 02B .0200] 15. All proposed and approved temporary fill and culverts shall be removed and the Impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, Including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary Impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc, in streams shall be Installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly Impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed In the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] Page 9 of 12 GC4097 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20. All mechanized equipment operated near surface waters shall be Inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 028.0211(12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. 115A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215,85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Slgniflcant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency [15A NCAC O1C .0107(a)] 24. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Nan -Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] Page 10 of 12 GC4097 26. When written authorization is required for use of this Certification, upon completion of all permitted Impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.deg.nc.goy/Forms/Certificate-of-Completion). [15A NCAC 02H .0502(f)] 27. Additional slte-specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order. to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 28. If the property or project Is sold or transferred, the new Permittee shall be given a copy of this Certification (and written authorization If applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must Include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [1SA NCAC 02H .0502(e)) 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. Page 11 of 12 ,i GC4097 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result In revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in.this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, Including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. Public hearings may be held prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Resources. History Note: Water Quality Certification (WQC) Number 4097 issued March 6, 1017 replaces WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 Issued June 1, 2000, WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995. Page 12 of 12 ROY 040.1YER • .. >"ia"trtitpr MICHAEL S. PROAN . Se6retbry BRAXTON c.0AVIS RECEIVED SEP 18 2017 September 1.2, 2017 BY: MEMORANDUM: TO:. Clif Whitfield Public' Water. Supply FROM: Gregg Bodnar - Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jody Henries Project Location: Pamlico County, adjacent to Lewis Creek at.199 Timber Point Dr., near Merritt. Proposed Project: Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad. Connell, permit officer. at (252)808-2808. Ext. 214. When appropriate, in-deptli comments with supporting data is requested. , REPLY: This agency has no objection to the project as proposed. This agency has nocomment on the proposed project. This agency approves of the project.. only if the -recommended changes are incorporated: See attached. This agency objects to the .project for reasons described in the attached comments. SIGNED P. DATE > �l�inEhing.Com�ares�.�. State ONodh'Eamlina IEtrvlronmonraLQ,ualhyl �OaseelManagemuR Morehead CdtI0ft?de 1400Commerm Aftnue I Moreheddaty= 2885T 25t808280a Bodnar, Gregg From: Thorpe, Roger Sent: Wednesday, September 27, 2017 2:55 PM To: Bodnar, Gregg Subject: CAMA Major, Jody Henries proposed Docking Facility, Merritt, NC, Pamlico County Gregg The subject project will not require a state stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 We -57. NothingCompares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. September 12, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: RECEIVED SEP.g 8-2017 DCRA-Flahorl0e. WARO Shane Staples Division of Coastal Management . Gregg Bodnar Major Permits Processing Coordinator . CAMA/DREDGE & FILL Permit Application Review Jody Henries ROY COOPER fJa�HOr MICiflAEt. 5.:MOAN Seitehyey B.RAXTO.N C. UAVIu Project Location: Pamlico County, adjacent to•Lewis Creek at 199 Timber Point'Dr., near Merritt. Proposed Project: Proposes to construct a docking facility for personal use. Please indicate below your, agency's position or viewpoint on the proposed project and return this form by October 2, 2017.'If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate,. in-depth comments with supporting data is requested. REPLY: /This agency has no objection io'the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects. to the project for reasons described in the attached comments. SIGNED DATE �`l�ohing.lrompare@�,.. . State ofNofth:Camha I C'nvlronmeadquaBty I CoastetManagement Mbi.deeACttyOtfleo 140OCoinmkceAve I MoreheadCay,NC 2&%7 251808280E .A IL CoaNaV?tIoONl�MERMLQUALfrY ROY COOPER Q0 2 me MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dimcfor ,�f-1:1,a9.l4.ot September 12, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Dunn NC Wildlife Resources Commission Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Jody Henries Pamlico County, adjacent to Lewis Creek at 199 Timber Point Dr., near Merritt. Proposes to construct a docking facility for personal use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by October 2, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. SEP 2 8 2017 '✓/ This agency has no comment on the proposed project. DCM- NIHD CITY This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED VIA _ I . I DATE q -25 - '.D� f -:1 <:�"Nothing Compares State of North Carolina I Fmlronmerual Quality l coastalftWement Morehead Ctty0fTloe 1400Cmneroe Avenue I Moreheadaty NC 2aW 252 8082808 CQR�tal, ft�'cili,A9eiR�hi. :ENVIgONNENTi�1:YiVALRY. September 12, 2017 ' MEMORANDUM TO: FROM: SUBJECT: Applicant: Renee Gledhill -Early NC Department of Cultural Resources Gregg: Bodnar Major•'Permits Processing Coordinator, CAMA/DREDGE & VILL Permit Application Review Jody Henries ROY CO.OFER ..G4vernar MICHABL S..RE.GAN . seaetary BRAXTON Q. PAVIS otreffo' S_ER 1„9 2017 ;rZ 176'5' A _ N�ta�e g•2y-17 N Nc- flue io I3 Project Location:: Pamlico County,, 'adjacent to Lewis Creels at 199 Timber Point Dr„ near Merritt. Proposed Project: Proposes to'construct a docking facility for personal use. Please indicate below your agency's p. osition or viewpoint on the proposed project and,retum this. form by October 2, 2017. If you'have any questions regarding the proposed project, please contact Brad Connell, permit officer at (252)808-2808`. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This, agency has no objection fo the ,project as proposed. This agency has no comment on the,proposed project. This `agency approves 'ofthe project only if the recommended changes are incorporated. See attached. This agency 'objects, to the project for reasons described in the attached comments. SIGNED DATE W Notldng:Gompares�. State ofNoith Carolina I Environmental QualityI CoastalManaliement SEP 2...0 2017 Morehead City .Office .I 400 Commerce Avenue I; MoreheadQty,NC,28557 228082808 October 30, 2017 Regulatory Division Action ID No. SAW-2017-01984 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Jody Henries to construct a 5' wide by 110' foot long pier with an associated 10 foot by 11 foot platform and a 10 foot by 20 foot boathouse, along with a 14 foot wide by 46 foot long "L" shaped platform and a 5x10 step-down, at 199 Timber Point Drive, adjacent to Bay River, Pamlico County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland sdurce and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Roy Brownlow, District Manager Morehead City Field Office North Carolina Division of Coastal Management ' ' n DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jody Henries LOCATION OF PROJECT SITE: The project is located adjacent to Lewis Creek at 199 Timber Point Drive, near Merritt, Pamlico County. Latitude: 35' 8'8.08"N Longitude: 76'41'36.55"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 7/26/16 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 8/24/17 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Pamlico County (January 28, 2005) Land Classification from LUP —Rural with Services (B) AEC(s) Involved: CW, ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — none Planned - off -site septic (F) Type of Development: Existing — earthen fill and storage shed Planned - docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A f; R;TM IY 11Df.YN171_y_M_ON1100-5031I1"DI1'y11111s11�l I►[VU_ZJV1.1E/:\_JDI1kA II (A) Open Water II II II 1,289 ftZ shaded II (B) Coastal Wetlands 250 ftz shaded (E) Total Area Disturbed: 1,539 ftZ (F) Primary Nursery Area: Yes (G) Water Classification: SC; Sw, HQW, NSW Open: No (H) Cultural Resources: None Proiect Summary: The applicant wishes to construct a docking facility for personal use adjacent to Lewis Creek, Pamlico County. Field Investigation Report: Jody Henries Narrative Description: The property is located adjacent to Lewis Creek (off Mason Bay) at 199 Timber Point Drive, near Merritt in Pamlico County. This private residential property is currently developed with earthen fill (for a future home site) and a storage shed. The adjacent riparian properties are undeveloped residential lots. The elevation of the high ground of the parcel is about 3' above the normal water level (nwl). Vegetation on the parcel mainly consists of native trees and shrubs. There are Coastal Wetlands (Juncus roemerianus) within the project area. The 3.3-acre parcel has approximately 417' of continuous shoreline along Lewis Creek and Mason Bay, tributaries of the Bay River. Immediate offshore water depths adjacent to the parcel range from- 2' to --4' nwl. The subaqueous substrate is soft without shell. There is not a cultural resource in the nearby vicinity of the project area. The Lewis Creek waterbody is approximately 60' across at this location, and Mason Bay is approximately 600' wide at this location. These coastal waters are classified as a Primary Nursery Area. Submerged aquatic vegetation is not present at this location. This area is closed to shellfish harvest and is classified as SC; Sw, HQW; Nutrient Sensitive Waters. There is not a defined Federal Channel in the vicinity of this project area. This project area is subject to the Neuse River Riparian Buffer Rules. Proposed Development: The applicant proposes to construct a docking facility adjacent to Lewis Creek, near Merritt. The proposed development would take place at 199 Timber Point Drive, Pamlico County. The proposed docking facility would be for the private use of the property owner. The proposed pier access would begin on the high ground and traverse northwest over the Coastal Wetlands (Juncus roemerianus) into Lewis Creek. This proposed pier would be 5' wide and 110' long. Once the pier access reaches Lewis Creek, there would be 10' by I V platform adjacent to a 10' by 20' boathouse. At the terminus of the pier walkway in the confluence of Lewis Creek and Mason Bay, there would be a 14' wide and 46' long "L" platform with a 5' by 10' stepdown platform parallel to the landward side of the southeast end of the "L" platform. Anticipated Impacts: The proposed docking facility would shade 1,289 square feet of estuarine waters and 250 square feet of Coastal Wetlands. Traditional marine construction methodology will be utilized during the construction ofthis project. Turbidity impacts are not anticipated during construction activities in Lewis Creek. The pier, boathouse, and "L" platform would extend no further than 15' waterward into Lewis Creek, which would be the maximum distance allowed due to the'/4 width. There is not a cultural resource in the nearby vicinity of the project area. This project area is subject to the Neuse River Riparian Buffer Rules. These waters of Lewis Creek and Mason Bay are classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not observed. This area is closed to shellfish harvest and is classified as SC; Sw, HQW; Nutrient Sensitive Waters. There is not a defined Federal Channel near the project area. It would not be a hazard to navigation as it would meet the /4 width rules, in this case 15' waterward into Lewis Creek from the edge of the marsh. Brad Connell September 12, 2017 Morehead City l�'rueNEOTo: �rr� GATE i MIMNIM: \0 IMMIIH1M Ooo Dettl: 006]17117060 a Tg!1YW,:1'r PM Fea ant: 6B0.00 pope i oT I ReveCU iU1.00 pealca0 Lyon H. No LevU Prpbtar of Deeds SK573 Pa140-142 Prepared by/ReturR to: Seta L. Delamar, Delalnar & Delomgr, PLLC, Attorneys. at Law N.C. Excise Tax - $34.00 NORTH CAROLINA SPECIAL WARRANTY DEED PAMLICO COUNTY This deed, made mad entered into this.. day of October, 2012, by and between Branch Banking & Trust Company, hereinafter referred to as"Grantor ; and Jody henries, hereinafter referred to as "Grantee". Grantor's mailing address is P.O. Box 1847, Wilron,NC 27894. Grantee's mailing address is Y.O. Box 951, Bayboro, NC 28515, WTINESSETH: That said Grantor, for and in consideration of valuable consideration paid to Grantor, the receipt of which is hereby acknowledged, does grant, bargain, sell and convey unto the Grantee in fee simple all that certain pact or parcel of land lying and being in Number Two (2) Township, Pamlico County, North Carolina, and mom particularly described as follows: Being all of Lots 6 and 6A of limber Point Subdivision a1 shown on the Survey by Hood L. Richardson, PLS, dated October 30, 2004, and recorded in Plat Cabinet A, Slide 142-6, Pamlico County Registry. Reference is also made to the Deed to Timber Point Properties, LLC recorded in Book 439, Page 163, Pamlico County Registry. Lot 6A is not a buildable lot but is the offsite septic disposal area for Lot 6. Lot 6A is appurtenant to Lot 6, and title to same mess with the title to Lot 6. There Is also conveyed herewith an easement and right of -way from Let 6 to Lot 6A for fnataBation,. maintenance and repair of a wastewater sewer line as described in the Declaration recorded in Book 444, Page 165, Pamlico County Registry. The property described above was acquired by Grantor by mstrumcut recorded in Book 554, Page 509, Pamlico County Registry. RECENED MAY 01 ZW7 pCM_ MHp CITY Book: 573 Page:140 Bog:1 B V3 Pp .e Py, ,., To have and hold the aforesaid tractor parcel of landand all privileges thereunto ' belonging in fee simple forever. (hantor covenants with Grantee that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant mid defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the exceptions listed below. Title to the property described above is subject to ad valorem taxes for the current yew and casements and restrictive covenants of record, if any. The designation Grantor and Grantee as used herein shall include the parties hereto, their heirs, successors, assigns and legal and/or personal representatives. Ia Testimony Whereof, said Grantor has caused this instrument to be signed in its corporate name by its duly authorized officer by authority of its Roard of Directors, the day and year first above written RECEIVED W,�Ay 01 2017 DCM- MHD CITY Book,573 Pqp-. 40 8eq:2. "'M rm W midi If initialed, the properly includes the primary residence of at least one of the Grantors, otherwise,, note as NIA. (pet NC OS § 105-3172) NORTkl,CAROLINA COUNTY I,-5&ffann-e 0&&p&fa . Notary Public of said County, do hereby certify Barbara Oxendine, personally came before me this day and acknowledged that she is assistant vice-president of Branch Banking.& Trust Company and that she, as assistant vice-president, being authorized to do so, acknowledged, on behalf of Branch Banidng &.Trust Company, the due executionof the foregoing instrument LLI wimess. my hand and official seal, this the day of October, 2012. nuoaw,n MOON 40 Public signature JUN C? is OU- ntt<M NanKlottrr4 2013 z Nv1wj P c Printed Name RECEIVED Mi.Y 01 2017 DCM- MHD CITY Book: D7.9 Pob.;14 Sag: 3 .. 1S IM PW3.13 ROY COOPER Governor ha r. el d t � v P MICHAEL S. REGAN Secreloty BRAXTON C. DAVIS Director Coastal Management ENVIRONMENTAL QUALITY August 29, 2017 Jody Henries 1590 Alligator Loop Road Merritt, NC 28556 Dear Mr. Henries: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located adjacent to Lewis Creek at 199 Timber Point Drive in Merritt, Pamlico County. It was received on August 24, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 7, 2017. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from August 24, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right- of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. �Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Henries Page 2 of 2 8/29/17 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. Sincerely, co-, JP Brad Connell Coastal Management Representative BC Enclosure CC: Gregg Bodnar, Asst. Major Permits Coordinator Roy Brownlow, District Manager -5�>^Alothmg Comparesml� State of North Carolina I Emiroumeutal Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 2528082808 T 5 CAM.A PERMIT APPLIED FOR PROJECT: Construct a docking facility adjacent to Lewis Creek in Merritt. APPLICANT: Mr. Jody Henries 1590 Alligator Loop Road Merritt, NC 28556 September 30, 2017 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: R Brad Connell - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 Jody Henries 1590 Alligator loop rd , Merritt, N.C. 28556 1 (252)670-4330 1 henries200@yahoo.com Gregory Derman 1480 North Ridge Meadows Path Hernando, FL,34442 Dear , Mr. Gregory Derman I (Jody Henries ) am applying for a CAMA Major permit to build a pier ,located at 199 Timber pt. dr. on Mason Bay in Pamlico county ,North Carolina. The specifics of the proposed work are in the enclosed application forms 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 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 Doug Huggett / Brad Connell @ 400 Commerce Ave , Morehead City, N.C. 28557, 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 on this project, please call me at (252)670-4330, or e-mail me at henries200@yahoo.com Sincerely, Jody Henries RECEIVED MAY 01 P017 DCM- MHD CITY Jody Henries 1590 Alligator loop rd , Merritt, N.C. 28556 1 (252)670-4330 1 henries200@yahoo.com Eric Johnson 4683 Running Deer Woods Iowa City , IA 52240 Dear Mr. Eric Johnson I (Jody Henries ) am applying for a CAMA Major permit to build a pier ,located at 199 Timber pt. dr. on Mason Bay in Pamlico county ,North Carolina. The specifics of the proposed work are in the enclosed application forms 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 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 Doug Huggett / Brad Connell @ 400 Commerce Ave , Morehead City, N.C. 28557 , 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. I you have any questions on this project, please call me at (252)670-4330, or e-mail me at henries200@yahoo.com Sincerely, Jody Henries RECEIVED V,` 01 2017 DCM• M HD CITY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. ,. Article Addressed to: GfeSofy pe(Iv-cam {�rnanJo� F� 3k`1`i� i 1jerm0.0-1 I n = IY D. Is delivery address different from Item 1? ❑ Yee If YES, enter delivery address below: ❑ No II illllll IIII III I III IIII Service Type 0 iority Mail I I III III I I II I I IIII I III3. 13 Adult WPM PReatdcted 0 Adult Signatureresse Restricted Delivery 11 RraeeQ�pa�Iett 9590 9402 2199 6193 8367 66 D certified Melt® Del very ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2 AMInN wm,Mr leerora. en.n en.,A.a lel.dl ❑ Collect on Delivery Restricted Delivery D Signature Conflrmation- 7016 1370 0002 2403 3061 Restricted Delivery °S1Restricted BDelivery PS Form 3ts1 July 2015 PSN 7530-02-000-9059 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. -fArticle Addressed to: L(tC �etl(vs 0Y\. 12b3 O�c1}•� c�rc�� U4114i a. l N 37o bb X<\ oAgerd A _ D. Isdelivery address dI ferem from Item 1? ❑Yes If YES, enter delivery address below: ❑ No IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIII3. ❑ AAdultdultSerSlgnsneNre Restricted Delivery 0Re�g9 M Res ked 9590 9402 2199 6193 8367 59 ° Certified Mail D ❑ Certified Mall Restricted Delivery De""er ❑ Return elpt for ❑ Collect on Delivery ❑Collect on Delivery Restricted Delivery l ❑ Si nature Confirmation- 9 2. Article Number (fransferfrom seMce labe0 -.. ... ❑Signature Confrtnatlon 7 016 1370 0002 2403 3054 sfdcted Delmer' Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt s D( ,FSVED 4 2017 'D CITY ROY COOPER G.vemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Coastal Management ENVIRONMENTAL QUALITY August 29, 2017 The Pamlico News Legal Advertisement Section P.O. Box 510 Oriental, N.C. 28571 Re: Public Notice —Jody Henries Dear Sir: Please publish the attached Notice in the September 6, 2017 issue of the Pamlico News. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely Brad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow Nothing Compares Slate of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T L 0 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on August 24, 2017. According to said application, Mr. Jody Henries proposes to construct a docking facility adjacent to Lewis Creek, at 199 Timber Point Drive, Pamlico County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to September 30, 2017, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: September 6, 2017 Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T TRANSMISSION JOURNAL �l T330SYOW1261 TIME FAX NO.1 NAME F670-A14 : 08-29-2017 10:35 :12522473330 : DEO-COASTAL NO. FILENO. DATETIME DURATION PGS TO DEPT MODE STATUS 099 624 08.2910:35 00:15 2 n92490857 EC 603 OK ""'This is a word processing form to be completed in Microsoft Word"" NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Jody Henries Date: 8/292017 Project Site County: Pamlico Staff: Brad Connell District: DElizabeth City ElWashington ®Morehead City ❑Wilmington Project Name: Jody Henries dock Date of initial application submittal (EX: 1/8/2007): 5/1/2017 Date application "received as complete' in the Field office (EX: 1/8/2007): 8/24/2017 Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ZYes []No Photos Taken: Yes ❑ No® Setback Required (riparian): SYes No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: [-]Yes ®No Hazard Notification Returned: ❑Yes ®No $AV: Yes ®No ❑Not Sure Shell Bottom: Yes ®No ❑ Not Sure Temporary Impacts: ❑Yes ®No Sandbags: []Yes ®No Not Sure Did the land use classification come from county LUP: ®Yes ❑No Mitigation Required (optional): ❑Yes ❑No Moratorium Conditions: ❑Yes SNo ❑NA Environmental Assessment Done: ❑Yes []No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) N Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ® High Quality Waters (HQW) I ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh coidgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemifiora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) ® (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 ® I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 282-808.2808 :: 1$88.4RCOA8T :: www.neconstatmananement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Jody Henries Date: 829/17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Boathouse 1 New Work ® Maint ❑ Replace ❑ Y ® N 20' 10, Pier 1 New Work ® Maint ❑ Replace ❑ Y ON 110, 5' Platforms 3 New Work ® Maint ❑ Replace ®Y ❑ N 11', 46', 10' 10', 14', 5' revised 02/15/10 . NC'Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Jody Henries Date: 829/17 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Fast (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 1,289 ft2 1,289 ft' Coastal Wetlands Dredge ❑ Fill ❑ Both ❑ Other ® 250IF 250IF Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.808.2808 :: 1.888-414COAST :: www.necoastalmanasrement.net revised: 02/15/10 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jody Henries LOCATION OF PROJECT SITE: The project is located adjacent to Lewis Creek at 199 Timber Point Drive, near Merritt, Pamlico County. Latitude: 35" 8'8.08"N Longitude: 76°41'36.55"W INVESTIGATION TYPE: CAMA ; f INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 7/26/16 Was Applicant or Agent Present y Photos Taken —No PROCESSING PROCEDURE: Application Received — cc: 8/24/17 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Pamlico County (Jan 28L005) P Land Classification from LUP —Rural with Sd (B) AEC(s) Involved: CW, ES, EW, PTA . (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — none Planned - off -site septic (F) Type of Development: Existing — earthen fill and storage shed Planned - docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: II (A) Open Water II II I� 1,289 ftZ shaded II (B) Coastal Wetlands 250 f shaded (E) Total Area Disturbed: 1,539 ft (F) Primary Nursery Area: Yes (G) Water Classification: SC; Sw, HQW, NSW Open: No (H) Cultural Resources: None Project Summary: The applicant wishes to construct a docking facility for personal use adjacent to Lewis Creek, Pamlico County. Field Investigation Report: Jody Henries s Page 2 L --� Narrative Description: n . The property is located adjacent to Lewis Creek (off Mason Bay) at 199 Timber Point Drive, near Men Pamlico County. This private residential property is currently developed with earthen fill (for a futhre- e sits) and a storage shed. The adjacent riparian properties are undeveloped residential Iofs The elevation of the high ground of the parcel is aboyt 3' above the normal water level (nwl). Vegetation on the parcel mainly consists of native trees, shrubs,voKO••�nus Thereare Coastal Wetlandkwithin the project area. The 3.3-acre parcel has approximately 417of continuous snurenne along a ek and Mason Bay, tributaries of the Bay River. Immediate offshore water depths adjacent to the parcel range from - 2' to -4' nwl. The subaqueous substrate is soft without shell. -6" Lcdv 5',6%,�e� There is not a cultural resource in the nearby vicinity of the project area. VkUwaterbody is approximately 60' ss at this locatio These coastal waters are classified as a Primary Nursery Area. Submerged aquatic vegetation is not present at this location. This area is closed to shellfish harvest and is classified as SC; Sw, HQW; Nutrient Sensitive Waters. There is not a defined Federal Channel in the vicinity of this project area. This project area is subject to the Neuse River Riparian Buffer Rules. Proposed Development: L� The applicant proposes to construct a docking facility adjacent to Lewis Creek, near Merritt. The proposed development would take place at 199 Timber Point Drive, Pamlicq County. The proposed docking facility would be for the private, use of the property,,owner. o.,d� +rkJJ.11 R fik The proposed pier � would begin od Ztre h*gJi groan d travers�l*vveSr. e C � tal Wetlands into Lewis \\ Creek. This proposed pier would be 5' wide and 110' Ion�Once the pier reaches Lewis Creek, there would be 10' by I I' platform adjacent to a 10' by 20' boathou* At the terminus of the pier walkway in the n+emtir of Lewis Creely there would be a 14' wide and 46' long" platform,Fil il U 'Y pVA ,Anticipated Impacts?" %� 1'��dts Wed$ WC�k�a1� FiC ce.,J. The proposed docking facility would shade 1,289 square feet of estuarine waters and 250 square feet of Coastal `'/L • ,,off Wetlands. Traditional marine construction methodology will be utilized during the construction ofthis project. -/VIM• �"' . Turbidity impacts are not anticipated during construction activities in Lewis Creek. U ii4- " WC There is not a cultural resource in the nearby vicinity of the project area. This project area is subject to the * 5 61 Neuse River Riparian Buffer Rules. These waters of Lewis Creek and Mason Bay are classified as a 10 S .n� p Primary Nursery Area and the presence of submerged aquatic vegetation was not observed. This area is closed to shellfish harvest and is classified as SC; Sw, HQW; Nutrient Sensitive Waters. There is not a (,7 vk defined Federal Channel near the project area. i T GIB4 2,Q rW Q¢ (,( /P -10 /All -1 V,WLs C4ZJ KZ Brad Connell August 29, 2017 Morehead City sip ►+uv1��u.� r�iriaar iLt �i�tLiLLL�i+iiLwI&141. w�+����rr��►b�.�rv� Ul 14 14 ;A) 4 I off d- C1 14 13' I 16 /7' a1 10 M n n T z o m v < n m ZZ w s r U � s. a t, 6 i7r Arl St de "`r► r `�� Je 40 10 r•. add i}�, 'j� •. j .itw. ; .••w. i� bC ♦ ••� y i rs 1. Sa KN' !I►' . t i Pamlico County, NC77- .'_�. 006 PROPERTY MAP OmkKh e!50Fe a.wewaawm.o�ap.q scowiawwr.wror away.wnruon � gem MP-1 APPLICATION for Mpy 01 2017 Major Development Permit C�+ _ MHp Cl-Ty(last revised 12/27/06) V MhA North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name Jody MI W Last Name Henries Applicant 2: First Nam MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1590 Alligator loop Rd PO Box City Merritt Stab N.C. ZIP 28556 Country Pamlico Phone No. 252 - 670 ' 4330 ext. FAX No. Street Address (d di#envnt from above) City Stab ZIP Email hendes200@yahoo.com FA 2. Agent/Contractor Information 1 Business Name Agent/ Contractor 1: First Name MI Last Name Loll — Agent/ Contractor 2: First Name MI Last Name " Mailing Address PO Box City state` C LP Phone No. 1 Phone Na. - - ext. FAX No. Contractor# /�."� Street Address (if different from above) City stele - Email L- ' i <Form continues on back> '_,^••808 9808 1-883 :}NwerAsS'T --i onrt i) . M MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) 'Sli attAddrlrss State Rd. # Pamlico 199 Timber Pt Or Subdivisen Name City' --JStale Zip Timber Point Merritf N.C.. 98$56 Phone No.. Lot No.(a) ()rnleny, daai:h adoVlfdnel:pege with fist 252 "- 670 - 4330 8 f' i lot #6 a. in: which. NC river basin Is the project lasted? b,. Name of body of water nearest to Proposed project Bay River Mason Bay o. Is the crater body Identified In (b) above, natural or manmd08? d. Name the closestmajorwater bodyfo the proposed project site. FL]Netural ❑Manmade ❑Unknown Bay River e. Is. proposed work within 41ylimits or planning jurisdiction? L If applicable. list the planning jurisdiction or city limit the proposed []Yes pNo work falls within. Site Description 9. Total length of shoreline on the tractft) b. Size of entire tract _(sq.R:) 7' It 144,6192' sq ft c Weatioda) i d. Apprmdmate ew%,ation of tract above Ni4W (normal high water) or -"� NWL.Mairthal waterlevel) ((r - lot sizes; pfease a8acnadddfonal page wfNl a hail 3.3 8C aft. 6c7NNNW or ❑NWL e. vegetation on trod RECEIVED f. roan-made.featu'res and uses now on tract MA`{ none MHD CITY pCM- g. Identify and describe the eidst6,g land uses `to the proposed project site, empty lots h. How does local govemment zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ❑Yes ❑No &]NA j. Is the proposed activity part of an urban waterfront radevelopnfant.pmposal7 []Yes QNo k. Hasa professional archaeological assessment been done -for the bad? a yes, attach a copy. ❑Yea ❑No ONA• If yes, by whom? t. Is the proposed project located in a National Registered Historic Dlsttot of does.itimrdlve a ❑Yes ❑No ONA National Register listed or eligible property? <Form continues on next page> r •4.. Mra _ 252-808-2808 :: 1-888.4RCOAST www.necoastarmarragement.net Form DCM.MP-1 (Page 3.of4) APPLICATION for Major Development Permit m. (i) Are there wetlands pn the siteT JRYes ❑No (it) Am them master -wetlands on the site? QYes ❑No WMiliyes to either (1) or @I) above, has a delineation been conducted? Ix1Yes ❑No A - ocumentatlon, rravaea6le) n. De;ai e' s' wastewater treatment facilities. drain RECEIVED none, permit for off site feild o. Describe erdsting ddnaing water suppty:source. cl t y water p. Describeexisting storm water management or treatment systems. DC none 5 ActivlHes and Impairs " a. Wlltthe projadt be. for roromeroisl, public; or private use? ❑commarcfal ❑Public/Govemment private ppyvetelcommunliy b. Give.a.bdef description of purpose, use, and daily operations of the project when complete.. private dock C. Describe the proposedconstructionmethodology, types of construction 6qulpmen(to be used during construction; thaiturnberof each type of equipmentand where it is to be stored. lexcavator with vibrating attachment-,l. baokhoe;1compact tractor generator,.hand tools;pneurnatic piling driver this equipment will be stored to shed or on the hill Atthe entrance of the property d. use all(developmentactivities you prgpose. .a private dock with a boat lift and platforrn with step down e. Are the proposed activities maintenance of an aidsting project new work, or both? new work f. What is the approximate -total disturbed land area resultingfrom the.pmposed pmjed? ❑Sa.Ft or ❑Apes g. Wlo the proposed project encroach on any public easement, publicadbassway or rarer. area []Yes toNo DNA thetthe-public has' established use of? .h. Describe- location and type.ofeolsting and. proposed discharges towetera of the state: N/A 1. Will wastewater or stormwater be discharged Into a wetland? Dyes ❑No IRNA If yes, willthisdischarged water tie of the same salinity as the receiving water? []Yes []No ❑NA. f. Is that,erlymitigation proposed? ❑Yes WNo ❑NA If yss,.attach s mitigation. proposal. <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :; www.nccoastaim:anagentent.net Form DCM MP-1 (Page 4of4) l l APPLICATION for Major Development Permit 6 Ada�i6ona!lniptJrr►ahon m adak�5n tal�Raeoiadrered'�patran fom4 (t/P +� me taro Tema rraW. �b`1hN'�.Pn?h!rry��p�m4�l�erpe�'Y' 4i, a�t"tippVfcat�0. r'I�Eea.hzftald(fbaapplloa7folt 'a. Apr*cttwmdm b: An accurate, bated work plat (Including plan view and creesVaectlopal drawings) drawn to. scab. Please gala: the present: stabs of the proposed project. Is anypwtion_already rompiete? If prevlously authorized work, clearly Indicate on maps, plats, drawings todistinguish between work corripleled and proposed. G. ASKS or location map that is sufficiently detailedtoguide agency personnel unfanilllarwfth the area lo.the site. d. A col the dead (with state appli atbn ortiy)Ar other Instrument under whichthe applicant claims title.to the affected properties. e. The appropriate application fee, Check or money order made.payabinto DENR. I. A list of the names and complete addresses of the adjacent waterfront (dparlan) landowners and Signed return receipts as proof that such owners have received a ropy of theapplication and plats by certified mall. Such landowners must be advised that they have 30 days In which to subrr it comments on the proposed project to the Division of Coastal Management Nataa' EncJOhnson t4-%°i,'c;;'}s,<• .:, ry: ' 4683 R .0,ri ig Deer. Wt2oT�n lt�Wj� to g �h Name Gregory Dennan Phone Na Address 1480 North Midge Path--Hernando,FL,34442 .., - ..- v �yr�� g. "at of previous state or federal permits issued forwork on the project tract. Include permit numbers, permltlee, and Issuing dates. h. signed consubantoragentauthorizadon form, if applicable. t. Wettand delineation, IF necessary.. j. A Signed AEC hazard notice for pmjocls In oceanfront and Inlet areas, (Must the signed byprpperfy, owner) k A ntiatemenlof cornpliance with the N.C. ErrAronmental Policy Art (N.C.G.S,113A 1-10), if necessary, If the project Involves aiiperMltura of public funds or use of pubik:lands, attach a statement documerhtng dompltance with the North Carolina Environments! Policy Act, I understand that any permit Issued In response to this application will allow only the development described In the application: The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to gram, and don fact.grant permission to representatives Of state and federal review agendes bo enter on theaforementionedlands In connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the Information provided In this application is truthful to the best of my knowledge. Date Print Name Jody Henries RECEIVED Signature MAY 01 2017 Please Indicate application attachments pertaining to your proposed project. ❑DCM MP-2 F_xcavabon and Fill Information ❑DCM MP-5 Bridges and Culvert C M- M H D CITY ❑DCM MP.3 Upland Development ❑DCM MP-4 Structures Information 252-BOB-2808 ., d-888.4RCOAST .. www.nccoastaimanagement.net OCM MP-1 APPLICATION for Major Development Permit (last revised 12127106) (C North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Jody MI W Last Name Henries Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1590 Alligator loop Rd PO Box city Merritt State N.C. ZIP 28556 Country 1 Pamlico Phone No. 252 - 670 - 4330 ext. FAX No. Street Address (if di6erent horn above) city Stale ZIP Email hendes200@yahoo.com ft^. 2. AgentContractor Information J&Z wq'To Business Name AUG 10p017 Agent/ Contractor 1: First Name MI Lest Name CM_ MH DC Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city Stale ZIP Plane No. 1 _ _ ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> 252-808-2808 :: 1.888.4111COAST :: www.nccoastalmenage:nent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. It Pamlico 199 Timber Pt Dr Subdivision Name City State Zip Timber Point Merritt N.C. 28556 Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 670 - 4330 81 t' ' lot fib 1 ' a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Bay River Mason Bay C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ONatural ❑Manmade ❑Unknown Bay River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes �]No work falls within. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 417' ft 144,619.2'sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wa r) or NWL (normal water level) / (If many lot sizes, please attach additional page with a list) 3.3 aC 3ft ONHW or ❑NWL e. Vegetation on tract wet lands ,trees,grass, and shrubs RECEIVED f. Man-made features and uses now on tract AUG 10 2017 Barn for storage,fill dirt for house foundation and low spots g. Identify and describe the existing land uses adjacent to the proposed project site. empty lots In. How does local government zone the treat? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) residental ❑Yes []No WNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Ix7. No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No k]NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Elves ❑No IQNA National Register listed or eligible property? <Form continues on next page> 252.808.2808 :: 1.888.4RCOAST :: www.necoa eta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? J(Yes []No (ii) Are there coastal wetlands on the site? @Yes []No (III) If yes to either (i) or (II) above, has a delineation been conducted? @Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. none, permit for off site drain feild o. Describe existing drinking water supply source. city water p. Describe existing storm water management or treatment systems. none 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government private QPrtvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. private dock to leave my boat between fishing and family trips.somewhere for the chi relo swim,a place to sit and read my bible. 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. 1 excavator with vibrating attachment; / backhoe;1 compact tractor; generator;hand tools;pneumatic piling driver this equipment will be stored in shed or on the hill at the entrance of the property d. List all development activities you propose. a private dock with a covered boat lift and platfq�gt lerijj.E pgp¢t D tK( AAUGG,,1 0 �`2//01177 a. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed pmject? D eQ ft [jJSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes IoNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes []No J NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ❑NA J. Is there any mitigation proposed? ❑Yes WNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> )i 252-808.2808 :: 1-888.411 :: www.neeoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. construct a dock and covered boat lift at a private resident as shown on the drawing and ap b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. All work is new construction to be started on 9-9-17 c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site, 99 timber pt , merrin, n d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Eric Johnson Phone No. Address 1263 Overton Circle ,Gallatin ,TN. 37066 (319)887-3860 Name Gregory Derman Phone No. Address 1480 North Ridge Path—Hernando,FL,34442 (352)513-3407 Name Plane No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pennitlee, and Issuing dates. h. Signed consultant or agent authorization form, if applicable. 1. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owned 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. 17. Cerdficadon and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledgl. Date Print Name Jody Henries O a RECEIVED Signature < AUG 10 2017 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM- M H D CITY ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252.808.2808 :: 11-888.4RCOAST :: www.neconstalmanagement. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/manna: ❑Commercial ❑Public/Govemment ®Private/Communtty ❑This section not applicable b. (1) Will the facility be open to the general public? ❑Yes ®No c. (I) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (11) Number 1 If yes: (Ili) Length 106, (it) Number (iv) Width 55'-6" (iii) Length (v) Floating []Yes allo (Iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ®Yes []No f. (1) Are Boatlifts included? @Yes []No If yes: If yes: (II) Number 2 (11) Number 1 (iii) Length 1U-13'-6" (iii) Length 20_ (iv) Width 16_-445'-6" (iv) Width 10_ (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. na ❑ Full service, including travel lift and/or rail, repair or (it) Number of slips existing maintenance service na ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: personal I. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel 5dOpen water; no dredging required []Other; please describe: k. Typical boat length: 20 m. (1) Will the facility have tie pilings? Oyes ®No (it) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter bsboats, mixed types). personalskiffRECEIVED AUG 10 2017 DCM- MHD CITY I. (1) Will the facility be open to the general public? ❑Yes [RNo 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS Ebis 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 pumpouF 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. (if) 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? EIVtO h. Give the number of channel markers and "No Wake" signs proposed. ' R `EC i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. AUG 10 2017 j. What will be the marina policy on overnight and live -aboard dockage? pCM- M Hp CVTN 1 k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 12127106 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 marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom IS% or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 200$f ❑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. 3. BOATHOUSE (including covered lifts) ❑This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ®Private/Community (it) Number t (III) Length 20 (iv) Width 10, Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. B a rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable a. (i) Number (ii) Length (ill) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) [I This section not applicable a. Length _ b. Average distance from NHW, NWL,Rr 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. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) AUG 1 1 DCM. MHD CITY 252-808-2808 :: 1-888-4RCOAST u w .nccoastalnnananennent.net revised- 12/27106 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of stmcture(s) to adjacent riparian property lines 70' to the eaSt Drooerty line Note: For buoy or mooring piling, use am of swing including length of vessel. c. Width of water body 64' most constricted area e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (if) If yes, explain what type and how they will be implemented. b. Proximity of structures) to adjacent docking facilities. d. Water depth at walerward end of structure at NLW or NWL 4' nwl & OTHER ❑This section not applicable a. Give complete description: the purposed dock will have a covered 10'by 20' covered boat lift With a 10' by 10' platform and a 13-8"by 45'-6"platform. the platform at the end will have a small 4' by 10' step down. 8-9-2017 Date 199 Timber pt Project Name Jody Henries Applicant Name Applicant Signature RECEIVED AUG 10 Z017 DCM- MH['3 CITY 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12127106 f3+�4 { r S'• yi>. �_Y,' �:... ...r.- .� ..i' —45-24. 63D-433 _ al I I 1 ' i t5 P4Ni e� cry Toe �.�'•, 1 , �L Tom- 3 td ," 1 p' I __c^^ J 0! r---1--'�' u { -1 It i `r I I /� LAMA �;�� LLI T Wo�k \)t,xkj 4-11- V,. . . ........ '2W Ll .Col act) Lit, 1 J.Ar 31 rn' Ln m ap:w til / t two Af aqw y tit tee,. ��•�! r ��_ R. r t S` :3 ps Connell, Brad From: Connell, Brad Sent: Monday, May 08, 2017 3:18 PM To: 'Henries, Jody' Subject: RE: revisions request -- 199 Timber Pt Rd, Pamlico County Importance: High Mr. Henries, Also, the work plan drawings need to be to -scale. Brad Connell Field Representative NC Division of Coastal Management httD://Dortal.ncden r.ore/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.eov 0 V ;_ Nothing Compares� E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Connell, Brad Sent: Monday, May 08, 2017 3:15 PM To:'Henries, Jody' <Jody.Henries @weyerhaeuser.com> Subject: revisions request -- 199 Timber Pt Rd, Pamlico County Importance: High Mr. Henries, Your CAMA Major Permit application package is thorough and well prepared. However, there are some items that you need to revise before the DCM can begin processing your request. They are as follows: 1. DCM Form MP-1, 3f: please answer Pamlico County; 2. DCM Form MP-1, 4d: please revise your answer to reflect the normal water level (NWL) instead; 3. DCM Form MP-1, 4e: please answer (i.e. native grasses, wetlands, trees, etc); 4. DCM Form MP-1, 4f: please answer (i.e. fill dirt, shed, etc); 5. DCM Form MP-1, 4h: please answer; 6. DCM Form MP-1, 5b: please elaborate with more detail; 7. DCM Form MP-1, 5d: please include the term "boathouse" or "covered boat lift"; 8. DCM Form MP-1, 5f: please answer "0 sq ft"; 9. DCM Form MP-1, 6a: please include a Project Narrative; 10. DCM Form MP-1, 6e: please submit the $250 application processing fee payable to the NCDEQ; 1 11. DCM Form MP-1, 6f: please submit the signed green cards and include their phone numbers in the appropriate blanks; 12. DCM Form MP-1, 7: please sign, date, and check the "DCM MP-4" box; 13. DCM Form MP-4: please complete the attached form; 14. Work Plan Drawings: please label "proposed" structures, please date the drawings, please number the drawings (i.e. Sheet 1 of 2), please include a side view/cross-section drawing relating the proposed docking facility to the normal water level and bottom substrate depth, please show the existing normal water level depths within the project area*, please note and verify the width across the creek at its most constrictive point, please redesign the waterward "L" platform by shifting it landward to meet the % width rule and not pose a hazard to navigation into the adjacent creek, please relocate the southernmost 5' by 20' section of platform towards the shoreline so as not to usurp the Public Trust, & please label the adjacent waterbody (Mason Bay). *Please note that this proposal is within a Primary Nursery Area (PNA) as defined by the Division of Marine Fisheries and sufficient water depths are necessary to prevent scouring of the bottom habitat. I look forward to receiving your re -submittal. If you have any questions in the interim, please do not hesitate to contact me. Respectfully, Brad Connell Field Representative NC Division of Coastal Management http://portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.po nk- Nothing Compares� E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Connell, Brad From: Connell, Brad Sent: Monday, May 08, 2017 3:15 PM To: 'Henries, Jody' Subject: revisions request -- 199 Timber Pt Rd, Pamlico County Attachments: mp_4p.dot Importance: High Mr. Henries, Your CAMA Major Permit application package is thorough and well prepared. However, there are some items that you need to revise before the DCM can begin processing your request. They are as follows: 1. DCM Form MP-1, 3f: please answer Pamlico County; 2. DCM Form MP-1, 4d: please revise your answer to reflect the normal water level (NWL) instead; 3. DCM Form MP-1, 4e: please answer (i.e. native grasses, wetlands, trees, etc); 4. DCM Form MP-1, 4f: please answer (i.e. fill dirt, shed, etc); S. DCM Form MP-1, 4h: please answer; 6. DCM Form MP-1, 5b: please elaborate with more detail; 7. DCM Form MP-1, Sd: please include the term "boathouse" or "covered boat lift"; 8. DCM Form MP-1, 5f: please answer "0 sq ft"; 9. DCM Form MP-1, 6a: please include a Project Narrative; 10. DCM Form MP-1, 6e: please submit the $250 application processing fee payable to the NCDECI; 11. DCM Form MP-1, 6f: please submit the signed green cards and include their phone numbers in the appropriate blanks; 12. DCM Form MP-1, 7: please sign, date, and check the "DCM MP-4" box; 13. DCM Form MP-4: please complete the attached form; 14. Work Plan Drawings: please label "proposed" structures, please date the drawings, please number the drawings (i.e. Sheet 1 of 2), please include a side view/cross-section drawing relating the proposed docking facility to the normal water level and bottom substrate depth, please show the existing normal water level depths within the project area', please note and verify the width across the creek at its most constrictive point, please redesign the waterward "L" platform by shifting it landward to meet the X width rule and not pose a hazard to navigation into the adjacent creek, please relocate the southernmost 5' by 20' section of platform towards the shoreline so as not to usurp the Public Trust, & please label the adjacent waterbody (Mason Bay). "Please note that this proposal is within a Primary Nursery Area (PNA) as defined by the Division of Marine Fisheries and sufficient water depths are necessary to prevent scouring of the bottom habitat. I look forward to receiving your re -submittal. If you have any questions in the interim, please do not hesitate to contact me. Respectfully, Brad Connell Field Representative NC Division of Coastal Management htto://oorta l.ncdenr.ora/web/cm/dcm-home (252)808-2808 ext. 214