Loading...
HomeMy WebLinkAbout84-17 Moore, Laurie & William_0 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt for X . Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 84-17 Issued to Laurie A. and William D. Moore, 9289 Sumner Lake Blvd., Manassas, VA 20110 Authorizing development in Dare County at adi. to man made canal off Jean Guite Creek at 5 Birch Ln., in Southern Shores, as requested in the permittee's application dated 4/20/17, including This permit, issued on July 7, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) In accordance with the email provided by the permittee on 6/26/17, the pool and concrete indicated as "proposed" on the attached workplan drawing dated 5/11/16 is not authorized under this permit. Docking Facility Demolition 2) This permit authorizes removal of the existing docking facility, expressly and specifically set forth in the permit application. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. (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 further Division approval. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxtot' C. Davis, Director Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Petmittee A. and William D. Moore Permit No. 84-17 Page 2 of 3 ADDITIONAL CONDITIONS Shoreline Stabilization — Bulkhead. The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by DCM within a maximum of 30 days prior to the new expected start of construction. The bulkhead shall be constructed prior to any backfilling activities. The bulkhead shall be structurally tight so as to prevent seepage of backfrll materials through the structure. The fill material shall be clean and free of any pollutants except in trace quantities. All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. TE: 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-2017-00958). The N.C. Division of Water Resources assigned the project DWR Project No. 2017-0560. rie A. and William D. Moore /:\ 1311 U 1 C1)U.1 W9111WO"(1WK Permit No. 84-17 Page 3 of 3 Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. NARRATIVE FOR: Laurie & William Moore e�'!;2 Ile, ��sy sr; /z 'x 6 '�,,�,� ����'✓� s��t 'Ole / Ql�raY2isf-i%rJc 6v/r -- DGM �c`sara �a // (2- 5-2,) y� RECEIVED MAY 0 S 2017 DCM- MHD CITY Received, M WI APPLICATION for Pi ,pig Major Development Permit (las! revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name 4 A11 Project Name (if applicable) Applicant 1: First Name ( MI M Last Name R��� Applicant 2: First Name / LEI GI✓! MI n J Last Name �f If addBional applicants, please attach an additional page(s) with names listed. Mailing Address SvMr�'r- %]Aaa- PO Box city g State r'/CtL1 ZIP o // © Country Country � ^ S Phone - Z T 20Z FAX No. / I2/IV/P/ Street Address (Hd nt from above) City State Email 2. Agent/Contractor Information Business Name Awne , Agent/ Contractor 1: First Name !f u .5 01` 1�1 MI Last Name n /J Agent/ Contractor 2: First Name MI Last Name Melling Address / PO Box Clty State ZIP y2-7� Phone No. 1 ass-5-+3-?6y3 ext. Phone No. 2 - ext. FAX No. Y / n 3 Contractor # *119 Street Address (d different from above) city State ZIP Email � N fl <Form continues on back> U � W 252-808.2808 :. 1-888-4nCOAST :: www.nccoastalmanagement.net Form DCM MP-t (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be mul' le) Street Address r ?L l LAAe State Rd. # Subdivision No e r�C 5 Lei/° !Ct" cl% State All" ZJp ,,4'de -79R Phone No. Lot o.(s) (f many, attach additional page wiM list) a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project c. Is the waterTody Identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural Amanmade []Unknown v CVMAvGr� Sou e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed 27fe-s [:]No work falls within. So.�i-hwr, Stiors.� 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 2130, a9�?39 f��- C. Size of Individual lot(s) d. Approdmate elevation of tract above NHW (normal high water) or NWL (normal waterlevei) (If many lot sizes, please attach additional page with a list) S A ❑NHW orANWL a. Vegetation on tract ya,a qr4 &L ,,, , I. Man-made features and uses now on tract .L Scrnk F^.+ t j bw tl...y, fsnc.r4,11 dr "twr..�(r �DuIK)ur.�l Boc�I,T) lift C dun-Mo !u 9&y n 1 g. Identify and describe the existing land uses adlacen to the proposed project site. S3 lr►..sda.J ahorr.brq EuaY> Vasa ni a..� wee dr.. ei h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Pj) L f! sir��t I+�wuj / Qt Srtla n�rw 1 �iS}n L}, (Attach zoning compllanoe certificate, if applicable) Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes INNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes ONo ❑NA If yea, by wham? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑N National Register listed or eligible property? E N ED <Form continues on next page> MAY 0 8 2017 DCM- MHD CITY 252-808-2808 :: t-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? []Yes 4No (11) Are there coastal wetlands on the site? ❑Yes NNo (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. 5c.p�t L o. Describe existing drinking water supply source. 1"�JI\i6r a p. Describe existing storm water management or treatment systems. WJA 5. ActivNes and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Publir/Govemment IpPrivatelCommunhy b. Give a brief description of purpose, use,1 and daily operations of the project when complete. k014k Fall.ny bJ\�Ci�t.N Qn2 el m��r M6n-mak SAs:, )construction c. Describe the proposed methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. \.. 'nl.) p;lr .�s r.. H ;;4. jti) vat r}- bvbr a} — Sduvt c( a.sr d. List all development activities you propose. R.r.fla. rrw.lrn b�\Kh.acl� �J`l in eXrllcry Qunt S?Ar. o� GRtS�^� ba�t6��-! DocK J e. Are the proposed activities maintenance of an existing prolelnew both? f. What is the approximate total disturbed land area resuhin from the proposed project? XSq.Ft or ❑Acres ar-4%(� 6W -i a' g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes PJNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. PIA 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA ` o N If yes, will this discharged water be of the same salinity as the receiving waters ❑Yes ❑No ❑NA J. Is there any mitigation proposed? ❑Yes []NO If yes, attach a mitigation proposal. IIIQ <Form continues on back> 252-808-2808 :: 1.888-4RCOAST :: wvv w.nccoastaimana gement. net -Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Kq));{ran f Sta^^''t SaVAS Phone No. AddressdlT Rodwr:at Of, 4SG/17ora J. % oni�e;O �jtb�ill;4-31s NameMonl(A Trest� Phone No. Address Iafa Su N•wK Dr, bvLK, N(, a'F941 Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pennittes, and Issuing dates. LAMA Geeu.r41 P rrwN tt N I VI A iss�Ld 6 jag 11145 -for em6s&j dock In Swln 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in 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 ce(rtJfy that the information provided in this application is truthful to the besl of my knowledge. Date -! ZO —/ /7Print Name Signature Please indicate application attachments pertaining to your proposed project. RECEIVED ���f` �/ , CG D ZDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information MAY 0 a 2017 DCM- MHD CITY 252.808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net it Q I Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL IF 1 stabilization Length 3a' Width�� Avg. Existing NA -A Depth —2.3 —t Final Protect 4 I S I NA NA Depth . 9. a EXCAVATION Amount of material to be excavated from below NHW or NWL in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXI a. Location of disposal area. b. Type of material to be excavated. d. High -ground excavation in cubic yards. VATED MATERIAL This c. (i) Do you claim title to disposal area? ❑Yes ONO ❑NA (II) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area include any coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ❑None (II) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (11) If yes, where? L f. (I) Does the disposal include any area in the water9 ❑Yes ❑No ❑NA o (11) If yes, how much water area is affected? r ,.W N C UJ � o 252-808.2808 :: 7-888.4RCOAST :: www.incoosistalmanagement.net revised: 12126/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) a. yy,,,T,,,yrrrpe of shoreline stabilization: Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. C. Average distance waterward of NHW or NWL: r0 8 3. b. Length: ji(.' f Width: 1 d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? PYes []No ❑NA (II) If yes, state amount of erosion and source of erosion amount Information. .. r g. Number of square feet of fill to be placed below water level. Bulkhead backfill 9 d.$ ' Riprap Breakwater/Sill_ Other_ 1. Source of fill material. �Excluding ShureOn� Srahultanor ) a. (i) WIII fill material be brought to the site? []Yes ❑No ❑NA If yes, (it) Amount of material to be placed in the water _ (sit) Dimensions of fill area (tv) Purpose of fill h. Type of fill material. Clf,4n San � b. (i) Will fill material be placed in coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB _ OWL _ ❑None (it) Describe the purpose of the fill in these areas: GEIVERIAL a How will excavated or fill material be kept on site and erosion b What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? F11i M„}tr nl w\\ rat b& %+ur k 041 iu 8-1061-xi E N LAVA Ul- 1�. n+ &'Itn./lcl NCwy016^a ILoad.f c. (1) WIII naviglitional aids be required as a result of the project? d. Q) WIII wetlands be crossed in transporting equipment to project []Yes PVo ❑NA site? []Yes *o ❑NA (it) If yes, explain what type and how they will be implemented. (II) If yes, explain to VAILbe alj yjoId or minimize environments t � V C �J MAY 0 8 2017 Date_ _. Opp scant Name ProJec: "Jam'ii�itl r_��� 252-808-2808 n 1.888-4RCOAST g www necoastalmanaaement.net v revised: 12126106 SITE LOCATION MAP CAMA Major Permit Application } (— ci Laurie & William Moore !U = U > o N p 5 Birch Lane u o Southern Shores, NC 27949 � U RAV 1wY TeASI LOCATION MAP (N.T.S.) 1.)�AREA - 29,239 sq. ft. / 0.67 acres (coord.meth.) v/I/lyl ,�f✓ll�n� 2.) AS RECORDED IN PLAT BOOK 2 PG. 182: D.C.R. 3.) PROPERTY IS LOCATED IN F.I.R.M. ZONE AE (7). 4.) THIS PROPERTY IS SUBJECT TO ANY EASEMENTS THAT A MORE THOROUGH TITLE SEARCH MAY UNCOVER. 5.) THIS SURVEY IS BASED ON EXISTING fl M 'U^M��%TAT19N AND RECORDED INFORMATION. Ne6w ��� ��^G 6 fifi 7.) ADDRESS 817 ORCH 296 E ©w 0/� pvlkll a,c W !La U✓ r oFF �l� BUIk� CANAL f.nM.n Preps /J 130KheAl PB 2 PC >B2 117--F J� ® PIN (F) a CONIC MON # PK NAIL Cfl TELEPHONE ® WATER METER 0 ELEC BOX ® CABLE TV A POWER POLE 40 20 0 40 1 inch s 40 ft. GRAPHIC SCALE ••,.•�N\ CAL?o, f, =�pF�SSjOy jy { �4SEAL T- 1 L-3531J. •••• n r µ•/•• LOT 19 6.22' LIFT /-7— UNE i 1 sTorvo; s DW _. / 135.32' I 171.08'---S02'25'00"E 0. -T1.; b0deuu LOT 20 RECEIVED MAY 0 8 2017 DCM- MI -ID CITY TOTAL AREA = 29.239 SO. FT. EXIST. IMPERVIOUS AREA - 1.505 SM FT. (HOUR', PORCHIM DECK, CONCRETE DRIVEWAY, WOODEN RAMP. STEPS. CONCRETE PADS AND GRAVEL PARKING) AREA PROPOSED POOL AND POOL DECK - 721 SO. FT. TOTAL MPERVIOUS AREA - 5,228 SO. FT. LOT OOVERAGE - 17.87W I, GLORIA J. ROGERS. P.L.S., CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISI THAT THE BOUNDARIES NOT ACTUALLY SURVEYEI ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION FOUND IN EXISTING RECORDS AND THAT THIS MAP MEETS THE REQUIREMNTS OF NCAC TITLE 21, CHAPTER 56, SECTION .16DO AS AMENDED. WITNESS MY HAND AND SEAL THIS THE 11th DAY OF MAY 2016, P.L.S. L-3531 LAURIE MOORE W 0 0 to M i� Z M N 0 N NeAtl Sca va S LOT 18 DRIVE & IG AREA -05172 LOT 19, BLOCK 105 SOUTHERN SHORES Ir„IR DARE COUN77 ATLANTIC TWSP. NORTH CAROLINA 215 B STREET GLORIA J. ROGERS CAMDEN, N.c 27921 (252) 338-1415 Phm,, PROFESSIONAL LAND SURVEYOR (252) 333-87a1 Crl RECEIVED MAY 0 S Z017 DCM- iMHD CITY DCNI Coordinator: Permit MAH.ING DISTRIBUTION SHEET_. Permitee: 4unl X k,40a �r2f ' Sic�uatr �iFe t�rr:[ �� Wulf //0 �0„refs c�X 54,/04 , e 2-79?K DCM Field Offices f 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 (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Ouslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwatert J Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) q LPO: Fax Distribution: Permittee #: Agent# Coastal Management ENVIRONMENTAL QUALITY July 10, 2017 William & Laurie Moore 9289 Summer Lake Blvd. Manassas, VA 20110 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Enclosure Q_ f((�� ./ vJ Douglass V. Hu�gett Major Permits Manager N.C. Division of Coastal Management Nothing Compares. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Bodnar, Gregg From: Laurie Moore <lomol2@verizon.net> Sent: Monday, June 26, 2017 8:38 PM To: Bodnar, Gregg Subject: Re: DCM contact information Gregg, Thank you for contacting me in reference to our major permit application. The work plans submitted should not include a pool or concrete surrounding the pool. Our permit is simply for the bulkhead replacement at this time. Thank you and please let me know if you need anything else. Laurie Moore. Sent from my Whone On Jun 26, 2017, at 3:50 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Mrs. Moore, Here is my email address for the POC for comments. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Greoa.Bodnaraa ncdenr.cov 400 Commerce Ave Morehead City, NC 28557 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Laurie and William Moore County: Dare LOCATION OF PROJECT: 5 Birch Lane in Southern Shores; adjacent canal that leads to Jean Guite Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/01/17 FIELD RECOMMENDATION: Attached: Wyt..g To Be Forwarded: 3S AI o CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth Citv DISTRICT MANAGER REVIEW: yr.t.. Date: S `� / B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400 (60/40%) PUBLIC NOTICE REC'D: Advertise: 05/07/17 END OF NOTICE DATE: Comments due: 05/27/17 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: ;) nae_ ON: 411 ' l C) 75 DAY DEADLINE: 07/15/17 MAIL OUT DATE: Circulation: 05/04/17 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 05/25/17 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative S' (7 / Coastal Management - LUP Consistency 5t(la ( h Division of Community Assistance S 19 I-1 Land Quality Section--DEMLR DWR/DWQ — A4aderAwMV56 HO ( 23 1� K 2011-0%0 DWR/DWQ - Storm Water DWR -Public Water Supply State Property Office Division of Archives & History —Cultural Res. S (� Division of Env. Health —Shellfish Sanitation Division of Highways --DOT 5Act It X Wildlife Resources Commission 1113 Local Permit Office/Planning Dept. AriA ( DMF—DCM Fisheries Resource Specialist Iq t MAY 0 8 2017 Corps of Engineers h' (A X lov[ 1 i LJVIVI- IVIfILJ V11 d 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 MAJOR PERMITS CIRCULATION LIST FOR ELIZABETH CITY OFFICE NAME(S) DEPARTMENT LOCATION Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management Morehead City Roger Thorpe DEMLR - Coastal Stormwater Washington Regional Office Richard Peed DEMLR - Erosion & Sedimentation Control Washington Regional Office Anthony Scarbraugh DWR - Water Quality-401 Washington Regional Office Clif Whitfield DWR - Public Water Supply Section Washington Regional Office Lee Padrick Department of Commerce Washington Shane Staples Fisheries Resource - Coastal Management Washington Regional Office Karen Higgins DWR - Water Quality Program Raleigh Charlan Owens District Planner, DCM Elizabeth City Tim Walton Manager, State Property Office Raleigh Renee Gledhill -Early NC Department of Cultural Resources Raleigh Shannon Jenkins Environmental Health - Shellfish Sanitation Morehead City David Harris NCDOT, State Hwy Administrator - Div of Hwys Raleigh Maria Tripp Dunn NC Wildlife Resources Commission Washington Chris Southerly / Nathan Henry Underwater Archaeology Branch, Ft. Fisher Kure Beach Raleigh Bland or Josh Pelletier US Army Corps of Engineers Washington W Q_ s as/v A- j , — ,_ Local Permit Officer or County Planner Designated County/Town .s-(-' S.♦ r- 5 .r.5 RECEIVED MAY © 8 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Frank Jennings, District Manager FROM: Ron Renaldi, Field Representative R.A.R. DATE: May 3, 2017 SUBJECT: Laurie & William Moore Major Permit Recommendations ROY COOPER GImmar MICHAEL S. REGAN Secretary BRAXTON DAVIS Director The applicant proposes to remove an existing boatlift and pier, construct a replacement bulkhead on the western shoreline of the property and fill in a man-made basin. The site of the proposed development is located at 5 Birch Lane, Southern Shores, Dare County. The west side of the property is adjacent to a large man-made canal that leads to Jean Guite Creek and the south side of the property is adjacent to a smaller side canal. The development proposal involves the Public Trust Area (PTA) and Public Trust Shoreline (PTS) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pert=' � � IVED project and my findings are as follows: RK 07H.0207 Public Trust Areas MAY 0 8 2017 (c) Management Objective. To protect public rights for navigation and recreationGG M- M H D C ITY conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-3901 1 252-331-2951 [fax] Gregg Bodnar, Assistant Major Permits Coordinator Laurie & William Moore Major Permit Recommendations May 3, 2017 Page 2 deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07K0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. ® W H U Consistent: The proposed development is consistent with the intent of this rule. _ Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. W W a Consistent: The proposed development is consistent with the intent of this rule. P� Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Laurie & William Moore Major Permit Recommendations May 3, 2017 Page 3 Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (7) Bulkheads and (11) Filling of Canals. Basins and Ditches pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (7) Bulkheads Subparagraph (7)(A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead alignment averages t6.8' waterward of NWL; however, this average includes the basin area. Subparagraph (7)(B) states, "Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7)(C) states, "Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." RECEIVE Consistent: The applicants have indicated that clean fill will be used. MAY 0 8 2017 Subparagraph (7)(D) states, "Bulkheads shall be permitted below normal high water r" H D CITY water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The site does have an identifiable erosion problem. The bulkhead is failing as demonstrated by a t56' section that has fallen out into the canal, missingtrotted sheeting, erosion holes on the landward side of the sheeting as well as land depression caused by tieback failure. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Gregg Bodnar, Assistant Major Permits Coordinator Laurie & William Moore Major Permit Recommendations May 3, 2017 Page 4 Consistent: The proposed development is consistent with the intent of this rule. The proposed alignment will tie into adjacent bulkheads and is 2' waterward of two separate sections of the existing non -linear alignment. The proposed alignment will also be in tine with existing bulkheads north of the property. (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (11) Filling of Canals. Basins and Ditches Notwithstanding the general use standards for estuarine systems as set out in Paragraph (a) of this Rule, filling canals, basins and ditches shall be allowed if all of the following conditions are met: (A) the area to be filled was not created by excavating lands which were below the normal high water or normal water level; Consistent: The proposed development is consistent with the intent of this rule. (B) if the area was created from wetlands, the elevation of the proposed filling does not exceed the elevation of said wetlands so that wetland function will be restored; Consistent: The proposed development is consistent with the intent of this rule. (C) the filling will not adversely impact any designated primary nursery area, shellfish bed, submerged aquatic vegetation as defined by the MFC, coastal wetlands, public trust right or public trust usage; Consistent: The proposed basin is in a man-made canal that is connected to Jean Guile Creek, which is designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. It is believed that the filling of the basin will not adversely impact> N the PNA. Shellfish beds and submerged aquatic vegetation are not present within the W oo y project area.ME o ZU 0 U Gregg Bodnar, Assistant Major Permits Coordinator Laurie & William Moore Major Permit Recommendations May 3, 2017 Page 5 (D) the filling will not adversely affect the value and enjoyment of property of any riparian owner. Consistent: The proposed development is consistent with the intent of this rule. As part of the application, the adjacent riparian property owners are notified about the proposed development and no record of objection has been received to date. 15A NCAC 07H.0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or elPfilCEIVED natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. MAY 0 8 2017 Consistent: The proposed development is consistent with the intent of this rule. DC M- M H D C ITY (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Laurie & William Moore Major Permit Recommendations May 3, 2017 Page 6 (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. V o � (8) Established common-law and statutory public rights of access to the public trust lands and _ waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach a upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Laurie & William Moore Major Permit Recommendations May 3, 2017 Page 7 (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Laurie & William Moore. RECEIVED MAY 0 8 2017 DCM- MHD CITY 252-255-0876 TOWN HALL 04:42: 50 p.m. 05-09-2017 1 11 CoastatMonagemenr ENVIRONMENTAL OYALITY May 4, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER G..vmar MICHAEL S. REGAN sern9agy BRAXTON C. DAVIS Dimcmr Wes Haskett, Town Planner/Code Enforcement Officer Town of Southern Shores Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant -Major Permits Coordinator --,-- Division of Coastal Management CAMA Permit Application Review Laurie and WiWam Moore 5 Birch Lane in Southern Shores, Dare County Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (faz: 252-247-33301. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. Whe appropriate, in-depth comments with supporting data are requested REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED WM1 J DATE �Nothinq Compares�,- Stme 9rNmth O=HM I Favllmlmenlal Qua01y I CaasW Mmap=Il 401 S. GrOita SL. Ste 3001 Slim h City. NC 27909 252.264-39011257-331.2951 [ray] Coastal Management ENVIRONMENTAL QUALITY May 4, 2017 WIN E � V MAY - 8 2017 Shellfish Sanitation 5 Recreational Water Quality Section Shannon Jenkins Environmental Health— Shellfish Sanitation ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED MAY 11 2017 DCM- MHD CITY FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Laurie and William Moore Project Location: 5 Birch Lane in Southern Shores, Dare County Proposed Project: Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ,S.1ftmA&0A a_,� DATE 5I C1 111 ;For: 3hamorl QVIIC►nS !''Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Coastal Management ENVIRONMENTAL QUALITY May 4, 2017 MEMORANDUM TO: Clif Whitfield, Environmental Engineer DWR —Public Water Supply Section, WaRO ROY COOPER Governor MICHAEL S. REGAN semtury BRAXTON C. DAVIS Dfmaor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Laurie and William Moore Project Location: 5 Birch Lane in Southern Shores, Dare County Proposed Project: Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fag: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, exj, 237. When appropriate, in-depth comments with supporting data are requested. w 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 L✓ DATE I k 1017 7 <:''Nothing Compares.� Stets of North Caroline I Envhonmeatffi Quality I Coastal Management 401 S. Gtiffm St, Ste 300 J R1imbath City, NC 27909 252-264-39011252-331.2951 [fax] N I -r`0 Coastal Management ENVIRONMENTAL QUALITY May 4, 2017 MEMORANDUM TO: Maria Tripp Dunn NC Wildlife Resources Commission ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlrecmr FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Laurie and William Moore Project Location: 5 Birch Lane in Southern Shores, Dare County Proposed Project: Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1VL111 . DATE 5- II-)-pI RECEIVED MAY 15 2017 --"Nothing Compares— DCM- MHD CITY State of North CaroWu I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fan] ROY COOPER (N, .r MICHAEL S. REGAN t,� Stcrcin9, BRAXTON C. DAVIS pi'deta, Coastal Management SNVIQONMENTAL QUALM May 4, 2017 MEMORANDUM TO: David B. Harris, Roadside Erosion Control & Vegetation Management Engineer, NCDOT Roadside Environmental Lint FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Pennit Application Review Applicant: Laurie and William Moore Project Location: 5'Birch Lane in southern Shores, Dare County Proposed Project: Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue Morehead Ci NC 28557 fax: 252-247-3330 . If you have any questions regarding the Proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: �fhis agency has no objection to the project as proposed. This agency has no comment on the proposed project. SIGNED 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 — "Nothing Compares.... 8MC1 of N011h CWVI[nn I haniromaaW QmNty I co tel M&UgWlml dot S.Odffin SL, SW 3uo 113 ubolh City, NC 27909 252.2W901 12V.331,931 (EW 10/10 39Vd 1000N GSLVTEEZSZ ZT:OT LTOZ/ST/20 RECEIVED K�'rla_ MAY 0 g 2017 DOA Coastal Management TATE PROPERTY ENVIRONMENTAL OUALITY OFFICE May 4, 2017 MEMORANDUM TO: Tim Walton, Manager State Property Office ROY COOPER Gave,No, MICHAEL S. REGAN seratory BRAXTON C. DAVIS Dwo., FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review RECEIVED Applicant: Laurie and William Moore MAY 15 2017 Project Location: 5 Birch Lane in Southern Shores, Dare County DC M- M H D CITY Proposed Project: Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE =3-t1'7 !''Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 I Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] Bodnar, Gre From: Thorpe, Roger Sent: Thursday, May 18, 2017 11:58 AM To: Bodnar, Gregg Subject: CAMA Major - Laurie and William Moore Bulkhead replacement and removal of boat lift and pier - Dare County Greg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 -"Nothing Compares.—.,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ENVIRONMENTAL QUALITY May 4, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ] •II �I I] Renee Gledhill -Early ROY COOPER (;.I., MICHAEL S. REGAN 5'ecrvturn BRAXTON C. DAVIS U,,,cto, NC Department of Cultural Resources �d A- -,��u/ Doug I-Iuggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Laurie and William Moore 5 Birch Lane in Southern Shores, Dare County Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue Morehead Citv, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to 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 1 ��Q_ DATE <-'--Nothing Compares --.,..- State ofNonh Carolina I ravieonmcntal Quality[ Coastal Managemenl 401 S. Griffin St., Ste 3001 Dizabeth City. NC 27909 252-266-39011252-331-2951 [fax] _ -----MhY1 0 2017 Coastal Management ENVIRONMENTAL QUALITY May 4, 2017 MEMORANDUM TO: Lee Padrick Division of Community Assistance ROY COOPER G.,Vrnnr MICHAEL S. REGAN Seoemry BRAXTON C. DAVIS Duetro, FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant' Laurie and William Moore ProjectLocation: 5 Birch Lane in Southern Shores, Dare County Proposed Project: Remove boatlift/pier, construct replacement bulkhead, fill in basin °._Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue Morehead City, NC 28557 (fax- 252-247-3330). Ifyou have any questions regarding the proposed project, please contact Ron Renaldl at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. I REPLY This agency has no objection to the project as proposed. �h s agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are ram, incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE S-'/S— Nothing Compares� state of North Carolina I Environmental Quality I Coutal Management 401 S. Griffin S1, Ste 3001 Pizabeth City, NC 27909 252-264-39011252-331-2951 Ifaal Coastal Management ENVIRONMENTAL QUALITY May 4, 2017 MEMORANDUM TO: Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO ROY COOPER Gommor MICHAEL S. REGAN Seemamy BRAXTON C. DAVIS Dimoor FROM: Doug Huggett, Major Permits Coordinator C/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Laurie and William Moore Project Location: 5 Birch Lane in Southern Shores, Dare County Proposed Project: Remove boatlifUpier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This Ugency 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 L!�G� 6 DATE -�'Nothing Compares . . state ofNoA Carolina 1 EnAmmental Quality I Coastal management 401 S. Griffin St., Ste 3001 alimheth City, NC 27909 232.264.39011232-331-2931 [fax] I', C1_ Water Resources Gmironmental Quality July 5, 2017 Mrs. Laurie A. and Mr. William D. Moore 9289 Sumner Lake Boulevard Manassas, Virginia 20110 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR Project # 2017-0560 Dare County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 5 Birch Lane, Southern Shores — remove boat lift/pier; construct replacement bulkhead, fill in basin Dear Mrs and Mr. Moore: You have our approval for the impacts listed below for the purpose described in your application dated May 4, 2017 and received by the Division of Water Resources (Division) on May 10, 2017. These impacts are covered by the attached Water Quality General Certification Number 4097 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]) Type of Impact Amount Amount Plan Approved Approved location/ (units) (units) Reference Permanent Temporary Attached Shallow water bottom fill 0.02 (acres) 0 (acres) Sheet 1 of 1 "�Nothing Compares' State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section-Wsshington Regional Once 943 Washington Square Mall, Washington, North Carolina 27899 252-9466481 Laurie and William Moore-5 Birch Lane DWR# 2017-0560 401APPROVAL Page 2 of 3 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4097. [15A NCAC 02B .0507(c)) Continuing Compliance 3. During construction of the proposed project, fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 028 .0200 (3)(f)) 4. This approval and their conditions are final and binding unless contested. [G.S. 143-215.5] These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Laurie and William Moore —5 Birch Lane DWR# 2017-0560 401 APPROVAL Page 3 of 3 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.ou[linger@ncdenr.Rov If you have any questions or concerns. Sincerely, Robert Tankard, qsist Regional 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) Ron Renaldi, DCM WaRO (via e-mail) Gregg Bodnar, DCM Morehead City (via e-mail) Jason Wall, Able Marine Construction, LLC (via e-mail: obxdreamworks@yahoo.com) DWR WaRO 401 files r Laserfiche ORE LOCATION MAP (N.T.S.) 1.) AREA — 29,239 sq. 1L / 0.67 acres (eoord"ath.) 2.) AS RECORDED IN PLAT BOOK 2 PG. 182: D.G.R. 3.) PROPERTY IS LOCATED IN F.I.R.M. ZONE AE (7). �.) 'MIS PROPERTY IS SUBJECT TO ANY EASEMENTS THAT A MORE THOROUGH TITLE SEARCH MAY UNCOVER. 5.) THIS SURVEY IS BASED ON EXISTING FIFI 0 M NqqPR �v/!�kdVI)a T�tAF7T PN AND RECORDED INFORMATION. / 7.)PID :�1R LANE PINT2 W �I8v�khe CANAL o F LNE f LwwA3uwc0mmjBSm CNISIONOFKQMFF.SO{q=' , 0 I FGFNQ PIN (F) ® m CONIC MON * PK NAIL ID TELEPHONE ® WATER METER 0 ELEC BOX ® CABLE TV A POWER POLE +D 2O 0 40 I inch a 40 2L GRAMC SCAM sTo�e+u � b✓/kAe-4 klee-e" Lale�iV-7 Nam✓ 8�1A oFF o/� Qv k�eA� 711 56tvaS LOT 1.8 6.22' / i 135.32' 171.08,--•S02'25'00"E -T'k+60deAU LOT 20 J TOTAL AREA - 79=59 50, FT.IR E=. MWMOUS AREA - 40D6 SQ. Fr. (HOUSE PORCHM '7 V DECO CGICREM;DWYEWAY. MOM RAH SW% CONOREIE PADS AND /RAVIL.PAWING) AREA PROPOSE➢ POOL AND POOL DECK - 721 SM FT. m 7OTAL.YI BMCU$ AREA - 5= SIX Fr. LOT COVERAGE = 17.67X[ I, GLORIA & ROGERS.. PLS., CERTIFY MAP WAS DRAWN UNDER MY SUPERM AN ACTUAL SURVEY MADE UNDER MY THAT THE BOUNDARIES NOT AC7UALL ARE SHOWN AS. Maim LINES PLOTT INI'UNMAHON FOUND IN EJOSDNG RECORDS AND THAT THIS MAP MEETS THE REOUIRE)ANTS OF NCAC TITLE 21. gAPTEA 56, SECTION .1600 AS AMENDED. WITNESS MY HAND AND SEAL THIS THE 11th DAY OF MAYJ 2016. P.LS. v , L-3 331 LAURIE MOORE e) a 0 0 N '--051721 LOT 19, BLOCK 105 -40' 1 SOUTHERN SHORES DARE COUNTY I ATLANTIC TWSP. I NORTH CAROLINA GLORIA J. ROGERS K1 PROFESSIONAL LAND SURVEYOR (25z) 3333-8781 CcU June 19, 2017 Regulatory Division Action ID No. SAW 2017-00958 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. William Moore for Department of the Army authorization to remove an existing pier and boatlift and construct a 138 linear foot bulkhead and fill a man- made upland basin adjacent to a UT to Jean Guite Creek, at 5 Birth Lane, Southern Shores, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the 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. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Washington Field Office North Carolina Division of Coastal Management r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Laurie & William Moore 2. LOCATION OF PROJECT SITE: 5 Birch Lane, Southern Shores, Dare County, adjacent to a man-made canal that leads to Jean Guite Creek. Photo Index — 2006: 185-7227 (M 19) Lat/Long: 36.1251740 N-75.7407220 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 4/21/2017 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 5/1/2017 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Southern Shores Land Classification from LUP — Residential and Conservation (B) Areas of Environmental Concern (AEC) Involved: Public Trust Area (PTA) and Public Trust Shoreline (PTS) (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned — N/A (F) Type of Structures: Existing - Single-family dwelling, bulkheaded shoreline, pier, boat basin and boatlift. Planned — Remove pier and boatlift, construct new bulkhead and backfill basin (G) Estimated Annual Rate of Erosion: 1 ft/yr Source - Applicant 7. HABITAT DESCRIPTION: [AREA, square feet (ft2)] DREDGED FILLED OTHER (A) Shallow Bottom PTA AEC ±943 ft2 (B) Public Trust Shoreline AEC ±2,760 ft2 disturbed (D) Total Area Disturbed: ±3,703 ft2 (0.085 acres) (E) Primary Nursery Area: Yes (Designated by NC Wildlife Resources Commission) (F) Water Classification: SC Open to Shellfishing: No RECEIVED MAY 0 8 2017 DCM- MHD CITY Laurie & William Moore Field Investigation Report Page 2 8. PROJECT SUMMARY: The applicant proposes to remove an existing boatlift and pier, construct a replacement bulkhead on the western shoreline of the property and fill in a man-made basin. Project Setting The site of the proposed development is located at 5 Birch Lane, Southern Shores, Dare County. The west side of the property is adjacent to a large man-made canal that leads to Jean Guite Creek and the south side of the property is adjacent to a smaller side canal. The property is 29,239 ft2 in size and has elevations that range from 1.5' to 3' above normal water level (NWL). Man-made features within the highground area include a single-family dwelling and cement driveway. Per the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Fripp fine sand (FrD) and is vegetated with lawn grass, loblolly pines, various deciduous trees and ornamental bushes. The shoreline is ±370' in length (207' along the side canal to the south and t163' along the main canal to the west) and is stabilized with an aged wooden bulkhead that appears to have been installed between 1984 and 1989 based on aerial photography. A t32x12.5' irregularly shaped upland basin is located ±50' from the northern property line and is the location of a 12'x12' 4-piling boatlift and a 20'x4 pier. The bulkhead along ±56' of shoreline immediately south of the basin has failed and is falling out into the canal. Existing water depths within the basin range from 2' to 2.5' below NWL with an average depth of 2.3'. Water depths along the western section of bulkhead range from 2.5' to 3' below NWL with an average depth of 2.8'. The bottom substrate within the project area is made up of fine sands, silts and detritus with no Submerged Aquatic Vegetation (SAV) present. The waters of Jean Guite Creek and associated canal systems are classified as SC by the Environmental Management Commission, are not open to shellfish taking and have been designated as an Inland Primary Nursery Area (PNA) by the NC Wildlife Resources Commission. The adjacent riparian property to the north has a bulkheaded shoreline and contains a single- family dwelling. The adjacent riparian property to the east also has a bulkheaded shoreline, but is undeveloped and vegetated with upland trees and shrubbery. Permitting activity on the property includes CAMA General Permit #14181A issued C' 6/26/1995 for the for the existing pier within the basin.LJJ o d Development Proposal o The applicants have indicated that the existing boatlift, pier and boat basin are not neededwd U propose to remove the boatlift & pier and construct t138' of vinyl bulkhead waterward of the existing bulkhead and basin and then backfill the area with clean fill from an upland sand pit. The proposed alignment begins and ends 2' waterward of the existing bulkhead; however, the existing shoreline angles landward to the basin causing the alignment to average t6.8' waterward of NWL with a maximum distance of ±20'. This proposed bulkhead alignment will result in a linear shoreline in line with the adjacent bulkheads north of the property. Laurie & William Moore Field Investigation Report Page 3 Anticipated Impacts • The construction of the bulkhead along the proposed alignment will result in the filling of ±943 ft2 of the Public Trust Area AEC with clean fill from an upland source. • The construction of the bulkhead along the proposed alignment will result in the placement of ±87.3 cubic yards of fill material below NWL. • Bulkhead installation, backfill and grading will result in t2,760 ft2 of land disturbance within the Public Trust Shoreline AEC. Submitted by: Ron Renaldi Date: May 3, 2017 RECEIVED MAY 0 8 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL OUALITY May 3, 2017 Mr. Jason W. Wall Able Marine Construction, LLC 118 Whispering Winds Ct. Shiloh, NC 27974 ROY COOPER MICHAEL S. REGAN se.relo;3: BRAXTON C. DAVIS Ia,ral„ RECEIVED MAY 0 8 2017 Dear Mr. Wall: DCM MHD CITY The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Laurie and William Moore for State approval for development of their property located at 5 Birch Lane in Southern Shores, Dare County. It was received complete on May 1, 2017, and appears to be adequate for processing. The projected deadline for making a decision is July 15, 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 May 1, 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 the proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of-way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. 'Nothing Compares - State of North Grolina I Enwonmental Quality I CoasW Management 401 S. Griffin St, Suite 3001 Elimbeth City, NC 27909 252-264-39011252-331-2951 [fax] Mr. Jason W. Wall Able Marine Construction, LLC May 3, 2017 Page 2 of 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Ron Renaldi, Field Representative, if you have any questions and/or if you wish to receive a copy of his field report. Sincerely, Frank Jennings District Manager, Northeastern District Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Laurie and William Moore, Applicants, Manassas, VA W U > o o � V > LU � U 0 6 NOTI(I-170A CAMA PERM w o _ N LU O 1 T'� Q APPLIED FOR PROJECT: Remove existing boatlift & pier; construct 138' of vinyl bulkhead waterward of existing bulkhead & basin; backfill the area with clean fill from an upland sand pit. COMMENTS ACCEPTED THROUGH 05127117 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Laurie and William Moore, 9289 Ron Renaldi, Division of Coastal Sumner Lake Blvd., Manassas, Management, 401 S. Griffin St., VA 20110; 703-298-2076. Ste 300, Elizabeth City, NC 27909; c/o Jason Wall, Able Marine 252-264-3901, ext. 237 Construction, 252-573-8043 Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 Iegals(cDthecoastlandtimes.net ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director FROM: Yvonne Carver, Coastal Management Representative DATE: 05/03/17 SUBJECT: Public Notice: Laurie & William Moore Please publish the attached Notice in the Sunday, May 7, 2017 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File -5 Nothing Compares... State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Suite 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] RECEIVED MAY 0 8 2017 0CMI- MHD CITY �i: Coastal Management ENVIRONMENTAL OLIALITV May 4, 2017 TO: RECENED/NCDENR/DWR MAY 10 2017 Water Quality Regional OperatlOnS Section Washington Regional Office ROY COOPER Ga Ior MICHAEL S. REGAN Secretary BRAXTON C. DAVIS otreemr Anthony Scarbraugh, DWR - Water Quality - 401, WaRO FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Laurie and William Moore Project Location: 5 Birch Lane in Southern Shores, Dare County Proposed Project: Remove boatli flier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: X' 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 glut--k m , Q �-N DATE M "`l Z; XF? CI,C0 Q.1�\ : nyu wi.54 ;Lon -o' w !''Nothing Cornpares.. Store of North Carolina I Environment Quality I ComulMaoegement 401 S. Grffm SL, Ste 300I ENza w6 City. NC 27909 252-264-39011252-331-2951 tfax] Coastal Management ENVIRONMENTAL QUALITY May 4, 2017 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS D,mclor FROM: Doug Huggett, Major Permits Coordinator c/o Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Laurie and William Moore Project Location: 5 Birch Lane in Southern Shores, Dare County Proposed Project: Remove boatlift/pier, construct replacement bulkhead, fill in basin Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/25/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264- 3901, ext. 237. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE RECEIVED -'% Nothing Compares - MAY 19 2017 State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Eliubeth City, NC 27909 D C M- M H D CITY 252-264-39011252-331.2951 [faa] Coastal Management ENVIRONMENTAL OUALITV MEMORANDUM TO: Greg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Charlan OwenCP, NE District Planner Division of Coastal Management ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by Laurie and William Moore to remove a boat lift, pier and basin and install 138 linear feet of vinyl bulkhead an average of 6.8 feet waterward of Normal Water Level (NWL) and a maximum of 20 feet waterward of NWL on a manmade canal that connects to Jean Guite Creek; at 5 Birch Lane, in the Town of Southern Shores. DATE: May 16, 2017 Consistency Determination: The request is consistent with/not in conflict with the Town of Southern Shores CAMA Land Use Plan Update certified by the CRC on August 30, 2012. Overview: The .67 acre subject property has approximately 207 linear feet of shoreline along a manmade canal to the south and 163 linear feet of shoreline along a manmade canal to the west; both connecting to Jean Guite Creek. A 32 foot by 12.5 foot irregularly shaped basin is located along the western shoreline, 50 feet from the northern property line. Water depths along the western shoreline range from 2 to 2.5 feet below Normal Water Level (NWL) with an average depth of 2.8 feet. Site elevations range from 1.5 to 3 feet above NWL. The highground is vegetated with lawn grass, pines, various deciduous trees and ornamental bushes. The subject property is in the AE (EL7) Floodzone. Existing site improvements consist of a single-family house and associated driveway. Existing shoreline improvements consist of an aged wooden bulkhead along the entire shoreline, a 12 foot by 12 foot, four (4)-piling boatlift and a 4 foot wide by 12 foot long pier. The boatlift and pier are located within the basin. The bulkhead along 56 linear feet of shoreline immediately south of the basin has failed and is falling into the canal. Removal of the boat lift, pier and basin and installation of 138 linear feet of vinyl bulkhead an average of 6.8 feet waterward of NWL and a maximum of 20 feet waterward of NWL are proposed. The bulkhead will be located on the western shoreline. The alignment will tie into bulkhead on the adjacent property to the north and to the on -site wooden bulkhead along the southern shoreline. Clean fill sand will be placed behind the bulkhead and within the basin. The waters of Jean Guite Creek and the manmade canal system are classified as SC in this area and are closed to shellfish harvesting. The area is designated as an Inland Primary Nursery Area Nothing Compares RECEIVED MAY 19 2017 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Graft Street, Suite 300 1 Elizabeth City. North Carolina 27909 ®C A AHD CITY 252 264 3901 Ma M North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 3 (PNA) by the NC Wildlife Resources Commission. No Submerged Aquatic Vegetation (SAV) is present. A review of historic or archaeological sites was not provided. Anticipated Impacts resulting from this project are expected to include: the filling of 943 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and the disturbance of 2,760 sq. ft. of Public Trust Shoreline AEC. Basis for Determination: The Town of Southern Shores Existing and Future Land Uses Map identifies the subject property as "Residential". As noted on Page 62, areas within an AEC are designated as "Conservation". As indicated on Page 62, "(t) he Conservation category is applied to areas that should not be developed (i.e., preserved), or if developed (or managed and maintained), done so in a manner characterized by careful planning and cautious attention to the conservation of environmental features. Definitions of the terms used that indicate the Town's commitment to the policies follow, include: Continue: follow past and present procedures to maintain desired goal Control: to regulate or direct Encourage: to favor or foster Maintain: keep in an existing state or good condition Protect: to guard against a deterioration of a desired state Support: to shore up; may imply financial support The following LUP policies may be applicable to this request. Canals: Policy 10, Page 55. "Maintain the aesthetic quality and navigability of the town -owned canal system." Action Item 10-b, Page 56. "Encourage the owners of canal front properties to stabilize the canal/lagoon banks through appropriately designed, installed and maintained bulkheads or other means of stabilization and to RECEIVED maintain all appurtenant structures including but not limited to docks, piers, boat lifts and ramps in an environmentally sustainable manner." MAY 19 2017 (Nothing Compares� DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street. suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 3 Natural Hazards: Water Quality: Policy 18, Page 57. "Minimize and mitigate potential damages to individual properties from natural hazards." Policy 19, Page 58. "Integrate natural resource protection polices with property protection measures." Action Item 19-c, Page 58. "Continue enforcement of the Coastal Area Management Act (CAMA) regulations." Action Item 194 Page 58. "Continue enforcement of the State Erosion and Sedimentation Control regulations." Action Item 25-a, Page 59. "Promote programs and practices that prevent soil erosion anc sedimentation, and control stormwater entering the beach and estuarine waters." Action Item 25-b, Page 59. "Encourage and support State and Federal vegetative buffer requirements for all water bodies, canals and lagoons to enhance water quality." Action Item 25-c, Page 59. "Prevent or control non -point source discharges to the Town's waters." REC 'NED MAY 19 2017 �Nothtng Compares DCM_ MHD CITY State of North Carolina I Environmental Quality l Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 05/01/17. Laurie & William Moore propose to remove an existing boatlift & pier, construct a replacement bulkhead, & fill in a man-made basin located at 5 Birch Lane in Southern Shores, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 05/27/17 will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, May 7, 2017 W U a W o W c V 0 AGENT AUTHORIZATION FORM FOR PERMIT APPLICATIONS Name of Property Owner Applying for Permit: William & Laurie Moore Mailing address: ��2qq SU/t)/UCA GA�� /3Li/D Telephone Number: f" l\JAsSAS, V14 ;2-0110 - A1, I - I certify that I have authorized Jason Wall, Able Marine Construction (agent/contractor), to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of 152' of vinyl bulkhead located at 5 Birch Lane, Southern Shores, NC 27949. This certification is valid through /;z / 3 / //(o (Property Owner Information) Q & LP Signature ,,Auf2lcr mOoRE`- Print or Type Name Title, co. owner or trustee for property toIfe//& Date b3--' (PI fro / -703 Telephone Number Gomo/�etl�/�IZo�• ���� Email Address (date). RECEIVED MAY 0 8 2017 DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to LLL + IAy(Z-j L' r-100/2 J 's r s (Name of Property Owner) property located at l3� d2Cld on )9 r` A (A (Waterbody) ✓✓ ress, Lot, Block, Road, etc.) in 50 TF)Li21J ';40(ZIES , N.C. (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must till in description below or attach a site drawing) D (,% 'C RECENED MAY 0 S. Z017 DCM- MHD CITY WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin (rust be set back a minimum distance of 15' from my area of riparian access unless waived by fne. (If you wish to waive the setback, you must initial the appropriate blank below.) do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Ad'acent Property Owner Information, CLC/2cz r2 i ature nature* L/4t/t21Cr/m00/2Cs d%AlLl1=QON 4 YC.RNfVIT- } Ad Uvv1 L Print or Type Name U/0 2 SC a u () A Mailing Address 1/A 201/0 Telephone Npmb r/email address ///a7 7 Date Mailing Address Ivy(-c7 14 1 t L. n STAR li o M l (I k/ City/State/Zip / Telephone Number/email address C-J I (,-'2Q Cl� S S �. Date .: (Revised Aug. 201 *Valid for one calendar year after signature* �. ORIGIN ID:MQIA (252) 573-8043 SHIP DATE: OIFEBi7 ACTWGT: 0.15 LB ABLE MARINE CONSTRUCTION CAD: 110560207/WSX13200 118 WHISPERING WINDS CT 9HILOH, NC 27974 US BILL THIRD PARTY SIGN: NO Ell ROSE TO M/M KALLIFRON SAVAS 28 RODARICK DRIVE SCARBOROUGH ON M1C1W3 (CA) 1118) 2B4- &557 REF: ABLE ddRTNB CONSTRUCTION OV, PRO till 15293 O[pi: FedEx EXpreu E 043o 7854 76417011 INTL PRIORITY ISR RES XV YFH B OM'AN—CA Yyz wmm�•s.aun,...r.......w..aw„r..,...eo,a.,wn,..�.aw.......+.,...+e.�.aa... w.r'n"n.ti."m"°...a.wio�+"`°ileaaw...m.•..�+....m..w.........w,.a>m..m.....«.u.w� ORIGIN ID:MWIA (252) 573-6043 Shipp Dole: 01FEB17 Act Wpt: 0.15 LB ABLE MARINE CONSTRUCTION CAD: 110560207/WSXI3200 118 WHISPERING WINDS CT SHILOH, NC 27974 BILL THIRD PARTY UNITED STATES, US EIN/VAT: TO M/M KALLIFRON SAVAS (416) 284-3557 Fec 28 RODARICK DRIVE SCARBOROUGH,ON M1C1W3 (CA) F AW13 ® XV YFHB ISR RES PKG TYPE: ENV TRK% 7854 7641 7011 FForm orm INTL PRIORITY REF: ABLE MARINE CONSTRUCTION DESCI:CorrWWpondence/No VM1uM DESC2: DESC3: DESC4: EEI: NO EEI 30.36 Thn. Items w.adrwltl by MS U.B. Owemmmt and wahrbm tw wpwt mar bthe.nlmy Of ultlmrt d.Hmm. as un by Rid uMm ."US.r.nd- nrt4 la".Wool The Per nw by lewd, Mwlwretl, w alhrabs dbpal w, to rW Other .nuww a n Or my p.n Mar Am th..dMeruAR eMmre.aMpnw ar and-d", WM., In MW, rlpinw tam or der bwne Inpmpw W Inw Ma In:d, althM am ebwlyd.0 apprww I. th. U.B. pwanmmt a n wh.rrY. nlhrhW by U.B. 1. and r.pulrlra COUNTRY MFG: US SIGN: CARRIAGE VALUE: T/C: 0 485143025 CUSTOMS VALUE: 1.00 USD D/T: R Mermaid Ath. MrdrW. C.wmdm me, Y,k and will proem And In n,l .M lt th e Il.blllar ATrw red2eprea Par has a Row of a dmap. OR Nnr.hlpmmL M:bl..t t. M...am. wM. ..Vast m N. rwww. FEDEX AWB COPY — PLEASE PLACE IN POUCH Received 2;? ^ol7 ABLE MARINE CONSTRUCTION 118 WHISPERING WINDS CT SHILOH, NC 27974 252-573-8043 obxdreamworksna,yahoo.com CERTIFIED MAIL -RETURN RECEIPT REQUESTED January 11, 2017 Kallifron Savas Jeannie Savas 28 Rodarick Drive Scarborough, ON MICI W3 CANADA To Whom It May Concern: William and Laurie Moore are applying for a CAMA Major Permit to construct 152' of vinyl bulkhead and install (2) mooring poles at 5 Birch Lane, Southern Shores, North Carolina. The specifics of the proposed work are in the enclosed forms and drawing. As the adjacent riparian property owner to the aforementioned project, they are required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached form and drawing. Should you have any objection to this proposal, please notify DCM Elizabeth City Office, 1367 US Hwy 17 S, Elizabeth City, NC 27909 in writing within 30 days of receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No response within 30 days is considered the same as no objection if you have been notified by Certified Mail. If you have any questions on this project, please call me at 252-573-8043, or email me at obxdreamworksna,yahoo.com. RECEIVE® AsinceMAY 0 S 2017 ll ACM- MHD CITY Able Marine Construction ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Q ILL i" L60(LI is rylOUl2 L5 's (Name of Property Owner) property located at � i3i a2�i�h L�4W (Address, Lot, Block, Road, etc.) on � � �� L , in 50 fl- 0ZP S ifO/LLSS , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) e t-Vrac kd- djauo) DCIMI-EC WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by e. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjacent Property Owner Information �C(iLcz/%%O�Q i ature /i LX / Lr 1"n00/2 Cs Signature Pr nt or T e Name 9a �� S Ur/-JOt L fiILcr /5LLA6 Print or Type Name Mailing Address w, ,i/tSS /4S V �011 d Mailing Address City/Stat 10 3 �� �, �a� / City/State/Zip U Telephone //��,mb r/email address p � Telephone Number/email address o Dare �— Date °' o (Revised Aug. 201 *Valid for one calendar year after signature* U DC GIS 1.0 http://gis.darecountync.gov/?parid=&Iar-36.12526182284828&its I PMZ 0 N B I of I 10 A ■ Complete items 1, 2, and 3. A166ccpmplete item 4 if Restricted Delivery Is de'Sired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1..Mcle�pAddressed to: MUtRtY.a-tbOCUO", l2(� Kai �nVc tn/ lGi i�( (-lav�Jl�f NL 21�r.7'7 III'III'I I'II�I Illlil IIIIIIII IIII'll I Ilil� I III ❑ Agent B. Received 6y fPn1r fed Neme) C. Date of Delivery D. Is delivery address different from item 1? u yes If YES, enter delivery address below: ❑ No .r, S. Service Type P!fiCertlfled Mail® ❑ Priority Mall Express'" ❑ Registered q Return Receipt for Merchandise ❑ Insured Mall ❑ Called on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 7011 2000 0002 0030 6222 PS Form 3811, July 2013 Dornssflc Return Receipt U.S. Postal Service,, ru ru CERTIFIED MAILILI RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com oJ(EndGmement IF m C3oe. 0 fUied Fee Oipt Fee ®� O quired) RECE� V �� � qulFee red)2017 rU Fees ti t o pC p ,• �FoepxNp. 1 lD , pp i yD hp�NN N. O AD n mNT. 0w��.. —�� N y'G CJO�tiy➢n'.q m �--J.Trt1ZJcp� 7 v0 W mm7-60e1 b��O-«�_OXm OI - Q C re V O 311 O C�fppl p (Jz 0 ?gym00C - O .H..N�d (�i�KN (�rl- JCC 30 .a COI O C Q,I m q O r m <3 Z �WOOM OI A.+O N.�W� tO W 0 OW •i— 3 03 N OQODO `GN.an �C7 yti.- it lD 3 ^� OIDQxv o m .. Q.. 0 x.... Sj lI..JJ 0 w_m W, to o� •• xo.al (� Oonmm �C �Y XQQi ' 1so� O�a•� x— j O Q�� OD Of rO Xh i r O� m b I+N N N m v� X ca10, � 1-0�+p O. h+�l•�G 00 J I.+I tbA0 .i71 �XO. N3 �W �� N Sm..xV Ja v NNrma C W � ~O �A i! W�01 J IJ N !l0 t0 rJn C�11 u0i WANk t. m 'S a II N a N O u n\ u O Q n n 0 u ii ii N D ,0-t i 11 a o n r~ li 11 O J II J n u n u J[ pC ii Il e H H O n ii n ii my r r n rN i n 11 II Q O II 11 Q rl $OaeZG�C i u u n J b r➢r n �OI ii ii dp pp pp �ZH it V; n I1 V r m II u N�N u 11 u 11 •GG u p II 11 II 11 F+ u e u n N u 'OT ii ii r+ 11 n n tT u N ii ii u 11 O V Received ABLE MARINE CONSTRUCTION 1lR WHTSPRRTN(. WTNDS CT 21 207 SHILOH, NC 27974 252-573-8043 ®CM —EC obxdreamworks@yahoo.com CERTIFIED MAIL -RETURN RECEIPT REQUESTED January 11, 2017 Monica Thibodeau, Trustee Lee Fitzgerald, Trustee 126 Sea Hawk Drive W Kitty Hawk, NC 27949 To Whom It May Concern: William and Laurie Moore are applying for a CAMA Major Permit to construct 152' of vinyl bulkhead and install (2) mooring poles at 5 Birch Lane, Southern Shores, North Carolina. The specifics of the proposed work are in the enclosed forms and drawing. As the adjacent riparian property owner to the aforementioned project, they are required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached form and drawing. Should you have any objection to this proposal, please notify DCM Elizabeth City Office, 1367 US Hwy 17 S, Elizabeth City, NC 27909 in writing within 30 days of receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No response within 30 days is considered the same as no objection if you have been notified by Certified Mail. If you have any questions on this project, please call me at 252-573-8043, or email me at obxdreamworksnayahoo.com. Sincerely, ason Wall Able Marine Construction 0 1— c.i s Sk ® E W CU > 0 N 0 U � � Z � W ` )alVgZSt48ZZ$19Z5ZI'9£= 91V=P!RdL/nOB'DUAIMlooaasp•s!S//:dpq 0' 1 SID DQ AP. VAL. ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Q I '(- f C go(LI IS /yl 00/2 j 's (Name of Property Owner) property located at 5- 13J dZCld' LIi'hr(% (Address, Lot, Block, Road, etc.) on �t l+� �- in 500 1-fQYLtJ S140(ZLs , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a ,site drawing) set a-aC.►��OL d-�a� .� J WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless, waived by e. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Owner Information) Lr'�'10OO/1 Ls C1.7 K9 5 u/r Nc n Mailing Address ���SS �S City/Stat�ip2 _-7a Dare L l41 us 151-V,6 address /V (Adjacent Property Owner Signature" Print or Type Name Mailing Address City/StatelZip Telephone Number/email address (Revised Aug. 201 `Valid for one calendar year after signature' 0 h R`'I � N r^°' ao W o � G W a U C MAJOR PERMIT FEE MATRIX Applicant: Lavr,t �rioo/c_ Selection Development Type Fee DCM %T6253) DWQ % (14300 1601 435100093 1625 1602 435100095 2341) I. Private, non-commercial ❑development that does not $250 100% ($250)0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 00/($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3900 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3900 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) could be applied, but DCM staff RECEIVED determined that additional review and written DWQ MAY 0 S 2017 concurrence is needed because of concerns related to water quality or MHD CITY aquatic life: DCM_ III(D). If General Water j Quality Certification No. $400 60% ($240) 40% ($160) 3900 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: NC Division of Coastal Management Cashier's Official Receipt 31'72 QB C D Date: pp Received From:p-�,,1't r�Jl *-_ro rl — 1,S '�'" ,�. $ � 00,'.-' �yf/ Permit No.: _� r �.� An )) I �yT Check No.:. 21 i d cl- Applicant's Name: - ec..%A , � 0-- 01% 1 t ck. ^--a rv` County: Q)<- -rv, Project Address: � -tea J, ��� _ �a c....�'1-,xS f l�,,a. ,, Please retain receipt for your records as proof of payment for permit issued. Q ( ) Signature of Agent or Applicant: ' ` c -� b s+"a� Date: C� Signature of Feld Representative: '��------- Date: L *Q10 off w �w3o 14180 �bW .� 8; 1849 P: 384 Doc Id: 6284958 11/24/7010 03:15 PM Receipt r: 10-14619 Doc Code: DEED NCExoise Tax Pd: $570.00 Vanzolla MPMurran, Register of Deeds Dare CO. NC 628495a 6: 1849 P: 384 Page 1 of 3 11/24/10 3:15 PM X-11\ mill Sri" FON,10NIM101 MURAIM111411III CZ , DARE REAL ESTATE TaxCoileciorCe On That NoOefinquetrtTez9s COUNTY I$IL." TRANSFER TAX Are Due. Date By Certification expires Jan. BHt of the year following cetlondata. �I g1�_I � i d Excise Tar.: 570.® LT # t{ /2,850.00 Parcel No.0 71746000 Prepared by: Casey & RagaV , PCLLC Return to: Starkey Sharp, PO Drawer 1027, Kitty Hawk, NC 27949 Delinquent taxes, if any, t-oc paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Brief Description for the index : &t 16, Block 105, Southern Shores Soundside ��f`vO � NORTH CAR iA GENERAL WARRANTY DEW q g 101 THIS DEED made this 2 tt ay of November, 2010 by and between GRANTOR GRANTEE Richard A Salvatore and wife William D. Moore and wife Crystal L. Salvatore Laurie A. Moore 6249 Muddy Run Road 09289 Sumner Lake Blvd. Williamsville, VA 24487 Manassas, VA 20110 The designation Grantor and Grantee as used herein sh dude said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, fem or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Town of Southern Shores, Atlantic Town i ip, Dare County, North Carolina and more particularly described as follows: (� Being Lot No. 19, Block 105, as shown on that certain plat or map entitled5oundside Block 105, Southern Shores, Kitty Hawk, Land Company, Owner, Kitty Hawk North Carolina," dated Jun 1%2, prepared by P.F. Crank, Jr., Registered Surveyor, and recorded in Map Book 2, at Page 182, in the Pu�& Registry of Dare County, North Carolina. Gas, Oil and Mineral rights are not conveyed.^` 0 Book 1849 Page 384-0001 6284958 8:N18499g P�: y384P�yag�1ew2 of 3 {12/214/1W003:15 PM �O AA o. 9,gportion of the property herein conveyed _xx_does _does not include the primary residence of a Grantor. The Cp t' rty hereinabove described was acquired by Grantor by instrument recorded in Book 1251, Page 271. TO I IAV1C ^A�, D TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in f. si plc. I he Grantor Vveenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in f'ee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawfu6ms of all persons whomsoever except for the following exceptions: O 1. Ad Valorert��`Ct ,ees for 2010 and all subsequent years. 2. Subject to any ecnts and restrictive covenants as may appear of record in the Public Registry of Dare County. IN WITNESS WHEF, the Grantor has hereunto set his hand and seal. CCCCCC ��,��, EAQ RICHARD A. SALVATORE STATE OF / `�/cmCOUNTY Notary Public of the County and State aforesaid, certify that RICI-fARD A. SALVATORE personally appeare. instrument. Witness my hand and official stamp or My Commission Expires: me tthlisd OrO"day and s�4acknowledged the execution of the foregoing day of /0 V 2010- �y C` O t�� H +.l C . .. 0 Book 1849 Page 384-0002 5284958 8: 1849 P: 384 Page 3 of 3 21/24/19 3:15 Ph Bill ri'Ifflikh"lffhfu 1141 KWHIN1101111411111 0IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal. Q� 10 O C CRYSTAL L. SALVATORE STATE OF �Jicg;,n'C. COUNTY P. RD�Zn _a Notary Public of the County and State aforesaid, certify that CRYSTAL L. SALVATORE persona ppeared before me this day and acknowledged the execution of the foregoing instrument Witness my hand and officia p or seal, this _J�rday of 2010. CCCCCCJJJJJJ' fi „P RAjV , R H \5� oMiioHwF�0 per � tiyr� a 34WM :M ate: RECEIVED MAY 0 8 2017 DCM- MHD CITY d 0,_Sook 1849 Page 384-0003 t "'This is a word processing form to be completed In Microsoft Word""' NC Division of Coastal Management Major Permit Application Computer Sheet (1;110112012) Applicant: Laurie & William Moore Date: 5-3-2017 Project Site Counly. Dare Staff. Ron Renaldi District. Elizabeth City Washington []Morehead City ❑Wilmington Project Name: Rover File. - Date of initial application submittal (EX: 1/a12007): 412012017 Date application "received as complete"in the Field office (EX.., 1/ar2007): 5/1/2017 n S 2017 SITE DESCRIPTION/PERMIT INFORMATION PNA: ®Yes DNo Photos Taken: Yes ® No❑ Setback Required (riparian): ❑Yes No Critical Habitat: Yes 0 No U Not Sure 15 foot waiver obtained: 11 Yes 9NO Hazard Notification Returned: []Yes ®No SAV. Yes SNo Not Sure Shell Bottom: Yes ZNo Not Temporary Impacts: EYes ❑No Sure Sandbags: ❑ Yes ONO 0 Not Sure Did the land use classification come from Mitigation Required (optional): county LUP:®Yes []No []Yes ®No Moratorium Conditions: Yes No Environmental Assessment Done: ❑NA ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) 0 (SS) Glasswort (Saficomia sp.) wetlands) • (CJ) Saw grass (Cladium jamaicense) 0 (SA) Salt marsh cordgrass (Spartina 0 (SY) Salt read grass (Spartina alternigora) cynosuroides) • (DS) Salt or spike grass (Distichlis 0 (SC) Sullrush or three square (Scirpus 0 (I-Y) Cattail (Typha sp.) spicata) SO (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 MIA) Private w/ D&F up to-1 acre; ® III(D) Pdv. public or comm w/O&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 El Minor Modification to a CAMA Major Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 0 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - ll. Public or commerciallno dredge $100 and/or fill - $400 1. Private no dredge arrdror fill - $250 U III(C) Priv. public or comm w iD&F to 1 acre; 3490 can be applied, DCM needs DWQ agreement - $400 f NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Laurie & William Moore Date: May 3, 2017 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. TYPE REPLACE � I Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Bulkhead (not t New Work N Replace 138 1 6 mhw wood) Maint ❑ ❑ Y ON Fill (Shoreline New Work 0 Replace 87.3 Stabll. Below Maint ❑ ❑ Y ON H2O level) High Ground New Work 0 Replace 138 20 Disturbance Maint ❑ ❑ Y ON Fill Basin New Work Replace 32 12.5 2.3 Maint ❑ ® Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint [I ❑Y❑N New Work J3 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint❑ ❑ Y ❑ N New Work 0 Replace Maint❑ ❑Y❑N New Work Replace Maint❑ ❑Y❑N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Q Maint ❑ ❑ Y ❑ N New Work Replace o Maint [I [IY [IN ` `%j New Work Replace O Maint ❑ ❑ Y ❑ N U New Work Replace EUg Maint❑ ❑Y❑N New Work LJ Replace Malnt❑ ❑Y❑N 1 revised Ilov. 2012 t NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Laurie 8 William Moore Date: May 3, 2017 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. FL (Anticipated final disturbance. Excludes any restoration andror temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount SB Dredge ❑ Fill ® Both ❑ Other ❑ 943 943 SH Dredge ❑ FlII ® Both ❑ Other ❑ 138 138 HG Dredge ❑ FlII ❑ Both ❑ Other ® 2760 2760 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAY 0 8 2017 DCM- MHD CITY ncn on¢ n .. + nrnn¢r .. ....n•u nrrna¢�almanaanmanL naf revised: Nov. 2012 P-f'kie w � 1 >y Ile, cel „. F S v 1 Yam._ f J �. T. q Ploww++. . 4. y � i � , 4 .vt I 1 t{ it f L At- RECEIVED MAY 0 8 2017 DCM_ MHD Cj7-y NOTES: 1) ENGINEER ASSUMES NO RESPONSIBILITY FOR EXISTING STRUCTURAL CONDITIONS. 2) IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO INSURE PROPER INSTALLATION OF ALL METAL FASTENERS PER MANUFACTURER'S SPECIFICATIONS. 3) IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY ALL DIMENSIONS AND INFORM ENGINEER OF RECORD OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION. 4) STEEL BOLTS AND LAG SCREWS SHALL BE HOT DIP GALVANIZED (MIN.). ALL BOLTS TO HAVE WASHER AND NUT. 5) ALL WOOD MEMBERS FOR THE BULKHEAD SYSTEM SHALL BE #2 SOUTHERN PINE WITH A MINIMUM PRESERVATIVE TREATMENT IN ACCORDANCE WITH AWPA UC5B STANDARDS. x•, DcNA- c 15 FT. MIN. 2 6x6 T.W. WALERS 036" O.C. (MAX) VERTICAL SPACING. FASTEN TO PILE w/%"O THRU-BOLT w/2"x2"A6 WASHER (TYP.). OVERLAP VERTICALLY AT SPLICE LOCATIONS (TYP.). t a. 6"x6"x5 FT. T.W. ANCHOR RECEIVED PILE ®5'-4" O.C. (TYP.) _ `.MA 08 2017 EXISTING GRANULAR SOILS (SAND) FREE 4CM` MHD Cf. . OF DEBRIS EXISTING GRANULAR SOILS (SAND) FREE OF DEBRISq0 i i .�`tQ�• E5SI0'��y�`.. PROPOSED 425 SERIES SHOREGUARp VINYL SHEETING 12 FT. LENGTH. a SEAL { MIN. 6 FT. BELOW GRADE (TYP.). - 032628� BULKHEAD SECTION VIEW.- S SCALE:1/2"=1'-0",� W z a� w 5 W A wg U) MU O�$'�""_ Z19TReq In Ris'No J 6c7 js 2 0 s Z � 2 I 1/2" = 1'-0" OF 3-8-17 REVISED: Received DCA) Rn. T 111 MAI CO /OCC CI C,/ATI(,AI W S z 8 Wo � � W W" H v) p Mff O ZWdm3"��� :3 NJ NNNO zon� z F w� 2 z W U w z Z U� 1-4 A A I CIT Q SCALE: 112" = V-0" OF 3 DATE: 3-8-17 REVISED: A-77A 7