HomeMy WebLinkAbout55-22 Schwartz, Shelley & RobertPermit Class Permit Number
NEW 55-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Shelley and Robert Schwartz, III Cindy Dr Egg Harbor Township NJ 08234
Authorizing development in Craven County at adi to Brices Creek. at 157 Ducks Way
near New Bern as requested in the permittee's application dated 12/1/21 (MP-
1) and 7/8/21 (MP14), including attached workWan drawings (7) all dated "Rec DCM MHD City 2/1/22".
This permit, issued on May 25, 2022 , is subject to compliance with . the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)f these terms may be subject to fines, imprisonment or civil action; or may cause me permit ro oe nun ana voia.
Non -Conforming Storage Shed and Doeldng Facility
1) The non -conforming storage shed shall not be enlarged beyond existing dimensions.
2) The non -conforming storage shed shall not change in use, and continue to be utilized as a private,
storage shed.
3) The non -conforming storage shed shall remain single story, and no portion of the non -conforming
storage shed shall be designed for second story use.
(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.
All work must cease when the permit expires on
December 31, 2025
5rgnea by me aumonty or me mcremry or uzq anu mu �uau
of the Coastal Resources Commission.
Z--n 401
%a,- Braxton C. Davis, Director
Division of Coastal Management
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 Permittee
Shelley and Robert Schwartz Permit No. 55-22
Page 2 of 3
ADDITIONAL CONDITIONS
4) The non -conforming storage shed shall not contain any amenities or additions that allow the structure to
be habitable.
5) This permit authorizes only the demolition of the existing pier and non -conforming structure, and the
construction of the pier, non -conforming structure and platform, and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust
waters without permit modification.
6) No portion of the docking facility shall exceed a maximum of 57 feet waterward from the waterward
edge of the existing bulkhead.
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9) This permit authorizes a maximum of one (1) formalized boat slip.
10) Should the lot to the south be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal- Management prior to initiating construction of the
docking facility.
11) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
12) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Boat Rama .
13) Unless specifically altered herein, this permit authorizes one hog slat boat ramp, as indicated on the
attached workplan drawings.
14) Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the
State.
15) . Placement of ffi1 materials below normal water level shall be limited to the ramp structure.
Shelley and Robert Schwartz
ADDITIONAL CONDITIONS
Permit No. 55-22
Page 3 of 3
16) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and
below the normal water line shall be limited to that absolutely necessary to establish adequate ramp
slope and provide a ramp no greater in size than specified in the attached permit application and
workplan drawings.
17) The boat ramp shall have a minimum setback distance of 15 feet between any parts of the structure and
the adjacent property owner's area of riparian access.
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
20) 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.
21) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-00321).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 2022-0194.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 515-5400 prior to the commencement of any
such activity for this determination. The permittee is further advised that many land disturbing
activities are not authorized within 50 feet of the normal water level unless specifically exempted
by Environmental Management Commission's (EMC) Neuse River buffer regulations in
place at the time of such development.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes ' '1
Applicant: ko) Y �1y J V 11 vC r I W y�
Type: (Check all that apply)
New Major Mod Permit#
Permit Coordinator:
Field Representative:
Minor Mod Renewal _ Transfer
Date Time Message
/1)%Ixaa <T�n4of Cornw�Qh�s
3Il0Ill �GSw � hack M.T wal cfYf� G(C4.%4,
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WA 455 p r-av4e a1A' t(J k � j�,.,.
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DCM Coordinator: t Y� Permit #: �S 'ZZ
MAILING DISTRIBUTION SHEET
Permittee:S���«. 120 ��cxr -�z l(f e :.k 17
DCM Field Offices
Elizabeth City
Morehead City &I'a
US ACOE Offices:
Washington:
Washington
Wilmington
o£3z34(
(with revised work plan drawings)
(OBJECTIONS )
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
TBD - 401
Clif Whitfield (WARD)
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Fender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD):
Natural Heritage Program Rodney Butler
LPO: J Cat Far Ae n`c �_ ! rcv" �.
(NCDOT) Travis Wilson
Bodnar, Gregg
From:
David Gover <sales@riverfrontdocks.com>
Sent:
Friday, May 6, 2022 5:47 AM
To:
Bodnar, Gregg
Cc:
Shelley, Connell, Brad; John Gudaitis
Subject:
[External] Re: CAMA application extension
Attachments:
157 Ducks Way New Bern.heic
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Mr. Bodnar,
Sorry for the delayed response. I was able to confirm the water depth at the end of the proposed boat ramp. As
measured yesterday, the water depth at the wood seawall is TV (30"), and the depth at the end of the proposed boat
ramp is Tat 6"3" (75") from the seawall / shoreline. The water depth at the end of the existing 37' dock is 11'3" deep.
Bob & Shelley Schwartz
157 Ducks Way
New Bern, NC 28562
Thank you for your time and consideration.
On Tue, Apr 19, 2022 at 8:37 AM Bodnar, Gregg <Rrere.bodnar@ncdenr.2ov> wrote:
Morning Mr. and Mrs. Schwartz,
Please see above for the extension notification for your project. Currently I am waiting on comments from the USACE
and the additional information concerning the depth of the water at the end of the proposed boat ramp. 1 have
recently spoken to Mr. Gover about getting that depth for the resource agencies. Once that is available I will pass it
along to the resource agencies and if additional coordination is required I will be in touch.
Regards,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
w
ROY COOPER
Gmwnar
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
April 19, 2022
Shelley and Robert Schwartz (via email shelleygarrison@comcast.net)
I I I Cindy Dr.
Egg Harbor Township, NJ 08234
Dear Mr. and Mrs. Schwartz,
This letter is in reference to the application submitted for a Coastal Area Management Act Major
Permit to undertake development activities to construct a boat ramp and relocate and replace an
existing shed over the water, in Craven County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary that
the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c)
which would make July 2, 2022 the new deadline for reaching a decision on your request.
However, we expect to take action prior to that time and will do so as soon as possible. In the
interim, should you have any question on the status of your application, do not hesitate to contact
me by phone (252-515-5416) or e-mail (gregg.bodnar@ncdenr.gov).
Cc: DCM files
Sincerely,
Gregory W. Bodnar
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, Nonh Carolina 28557
252.808.2808
.: 4k
From: Bodnar. Greaa
To: shellevaarrison(dcomcast.net
Cc: Connell. Brad: David Gover
Subject. CAMA application extension
Date: Tuesday, April 19, 2022 8:36:00 AM
Attachments: Schwartz ExT.Ddf
Morning Mr. and Mrs. Schwartz,
Please see above for the extension notification for your project. Currently I am waiting on
comments from the USACE and the additional information concerning the depth of the water at the
end of the proposed boat ramp. I have recently spoken to Mr. Gover about getting that depth for
the resource agencies. Once that is available I will pass it along to the resource agencies and if
additional coordination is required I will be in touch.
Regards,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
(252) 515-5416 (NEW OFFICE NUMBER)
Gregg, BodnarCaDncdenr.eOV.
FORFINFUT10k Me ORRM • j i
Email Correspondence to and from this address is hubject to the
North Carolina Public Records Law and may be disclosed to third parties.
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Robert & Shelley Schwartz COUNTY: Craven
PROJECT NAME: Schwartz Private Dock
LOCATION OF PROJECT: 157 Ducks Way, New Bern
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-2-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes
FIELD REPRESENTATIVE: Connell DISTRICT OFFICE: MHC
DISTRICT MANAGER REVIEW: Roy Brownlow
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 Click or tap here to enter text.
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 2-14-22 END OF NOTICE DATE: 2/14/2022
ADJ. RIP. PROP NOTICES REC'D: 2/l/2022 DEED REC'D: Yes /
C) 75 DAY DEADLINE: 4/18/2022 150 DAY DEADLINE: 7[ 7i ZZ-
HOLDS:
EMAIL OUT DATE: 2/8/2022 STATE DUE DATE: Click or tap to enter a date.
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM — Field Rep
2
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DCM — LUP Consistency Determination
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Local Permit Officer
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Corps of Engineers — Regulatory Branch
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DWR-401 Section
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DWR—PublicWaterSupply
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DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
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DMF — Shellfish Section
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DMF — Habitat & Enhancement
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DNCR— Archives&History
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DNCR—Natural Heritage Program
NCDOT
NC Dept of Commerce
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Coastal Management
ENVIRONMENTAL OUALITY
MEMORANDUM
DATE: February 8, 2022
TO: Gregg Bodnar
THRU: Roy Brownlow
FROM: Brad Connell
ROY COOPER
G..Wnor
ELIZABETH S. BISER
S"O"I",
BRAXTON C. DAVIS
Director
SUBJECT: Comments and Recommendations - CAMA Major Permit —Robert Schwartz,
Craven County
The following is my assessment and consequent recommendations of the above referenced proposal: This
proposal shades 813 square feet of Public Trust inland waters. These waters of Brices Creek are closed to
shellfish harvest. This waterbody is not a Primary Nursery Area. This area is subject to the Neuse River Basin
Riparian Buffer Rules: The proposed dock and boat ramp would meet the rules and conditions of a routine
General Permit found under 15A NCAC 07H .1200--.1300.
However, the existing shed over Brices Creek does not meet the current use standards outlined in 15A NCAC
07H .0208(a)(1) because its use is not water dependent. Therefore, its proposed reconstruction must be
evaluated under 15A NCAC 07J .0211, which addresses "non -conforming development." This standard
imposes specific criteria that the proposal must meet before it can be authorized. The non -conforming
development must have been built prior to the effective date of the rule with which it is inconsistent.
The applicant has provided documentation from the Craven County tax office that the dwelling was built in
1970. The effective date of the rule with which it is inconsistent is September 9, 1977. The proposed
replacement of this non -conforming dwelling would meet the remaining criteria found under 15A NCAC
07J .0211 by relocating it to be entirely.within the applicant's riparian property (the current structure '
encroaches into the adjacent riparian property area). Assuming other state and federal agencies concur, the
Morehead City District staff recommends that the project be authorized as it is proposed.
CC: Roy Brownlow, DCM
Nothing Compwes_�-,
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg. bodnar(a)NCDEN R.gov
SUBJECT: CAMA/Dredge and Fill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, A22. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
X "Additional comments may be attached"
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.
PRINT NAME Shannon Myers
AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality
SIGNATURE for Shannon Jenkins
DATE 2/9/2022
4��FQ
omn
R6t�r
FEB g 2022
MP SECTL'ON syje �?
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg.bodnar(a)NCDENR.gov
SUBJECT: CAMA / Dredge and Fill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greqq Bodnar at the address above by March 8, 2622. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE fllr 13,,,.y
DATE
2/8/22
,;M
F E B B 2022
NIP SECTION FURIJID
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
ROY-COOPER
Governor
ELIZABETH S. BISER
Seaeiary
BRAXTON DAVIS
Dlrector
February 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Qaallty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Cqastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-1249)
gregg.bodnaraONCDENR.gov
SUBJECT:
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the ro osed project and
retum this form to Grepp Bodnar at the address above by cl _21, If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
VThis 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.
�►;�ri�c� �cf��jC („/aikC. Syo�alW Sec¢;or,
RELOVED
F E B 1 1 2022
hiP SECTION WD
North CaroBna Department of FnAronmentalAQuallty I DIVIslonof.CowtAManagement
QEQ� Morehead CityOffice 1400CommerMAvenue I Moorehead CLry. North Carollna28557
2528082808
ROY COOPER
Gmrrnor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dbrnar
February 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmentat Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg.bodnar NCDENR.Qov
SUBJECT: LAMA /,Dredge and Fill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, 2022. If you have any
questions regarding the proposed projec(, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X 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.
PRINT NAME Lee Padrick
AGENCY NBC Commerce
SIGNATURE LPG )OA ECERAVE®
DATE 2-8�-22
F E B 8 2022
?0iP vFC T 10N W1HD
D_EQ� North Carolina Department a.Environmental Quality I Division of Coastal Management
Morchcud City Ofncc 1400Commcrcc Avcnuc I Moorchead City. North Carolina 28557
252808.2808
ROY COOPER
Govemar
ELIZABET14 S. BISER
Secretary
BRAXTON DAVIS
Dhwror
February 8, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-333D (Courier 11-12-09)
arena. bodn erANCDEN R.aov
SUBJECT: CA MA / Dredge and Fill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by MarCh 8, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME W aAl- -
SIGNATURE
DATE 3t-iY4AQ d3, a p ��
�CEFIVEED
F E B 2 3 2022
fa"P SPEECT10N PTLiD
North Carolina Department orEnviranmental Quality 1 Division of Coastal Managemem
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
257 8082808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 8, 2022
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg.bodnar(a)NCDENR.gov
SUBJECT: CAMA / Dredge and Fill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, 202Z If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
**Additional comments may be attached**
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.
PRINT NAME Rachel Lave-Addck
Division of Coastal Management
AGENCY
SIGNATURE
DATE
2118l2022
4�� DEQ�
om.�ureaum.vaamwamq�
RECEIVED
F E B 1 8 2022
�dP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
r-+ L
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Enviratunental Quality
TO: Gregg Bodnar, Asst. Major Permits Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner
Division of Coastal Management qy 1A
SUBJECT-: Major Permit request for Robert & Shelley Schwartz
DATE: February 18, 2022
RECEIVED�
F E B 1 B 2022
Consistency Determination: The request is consistent with/not in conflict with the Craven County
CAMA Core Land Use Plan certified by the CRC on October 30, 2009.
Overview: The property is located adjacent to Brices Creek at 157 Ducks Way near New Bern, Craven
County. This property is currently developed with a residence, pier, bulkhead, and a non -conforming
structure used forstorage is immediately adjacent to the pier out over the tributary. The adjacent riparian
properties are developed with single family residences.
The enclosed storage structure (shed) is considered a non -water dependent use as per the NC Coastal
Resources Commission (CRC) rule, 15A NCAC 07H .0208(a)(I ). Therefore, the structure is nonconforming
to the existing rule which took effect on September 9, 1977. However, the structure was built in 1970,
prior to the effective date of the rule to which it is inconsistent.
The applicant proposes to relocate the existing dock & shed, and construct a new boat ramp. The existing
dock and non -conforming shed would be moved from the northern riparian property line to the southern
riparian property line. The current structure traverses the northern riparian property line and into the
neighbor's riparian property area of Brices Creek. The riparian pro petty owner to the south has waived
the 15' setback. According to the Craven County tax records, this existing shed structure was originally
constructed circa 1970. There are no proposed changes to the dimensions (16' x 24') of the non-
conforming storage structure. The proposed structure relocation would keep it within the riparian
property area of 157 Ducks Way.
The project is in the PTS & PTA AEC. The water at the project site in Brices Creek and is C; SW; NSW. The
site in not a PNA (Primary Nursery Area), and is closed to the taking of shellfish. The proposed project area
contains no Submerged Aquatic Vegetation (SAV). There is not a defined Federal Channel in the nearby
D_E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
vicinity of the project area. A review of cultural resources and archaeological resources was not provided.
The project area is subject to the Neuse River Riparian Buffer Rules.
Anticipated impacts
The proposed boat ramp would fill approximately 75 square feet of shallow bottom and 225 square feet
of high ground. Traditional marine construction methodology will be utilized during the construction of
this project. Turbidity impacts are not anticipated during construction activities within Brices Creek.
Basis for Determination:
The project site is located in Craven County and is subject to Craven County CAMA Core Land Use Plan.
The Future Land Use Map (FLUM) designates the property as "Residential" defined as "...all moderate to
high density housing developments throughout the county' (pg. 180).
The following LUP policies may be applicable to this request:
Policies- Conservation:
P.144: 'Residential, commercial, and industrial development which meets 15A NCAC 7H use standards
will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas,
development will be allowed that is consistent with applicable local, state, and federal regulations".
P.46 Craven County supports the construction of docks and piers if they are in compliance with applicable
policies of this plan and state/federal regulations.
1.29 Craven County will rely on the NC Department of Environment and Natural Resources, Division of
Coastal Management to regulate development through the CAMA permitting process. Also, it will rely on
the regulations of other state and federal agencies with regulatory authority, as well as existing local
development regulations, to mitigate threats to AECs. Schedule: Continuing Activity.
RECEIV ED
F E B 1 B 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
'J'llq Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BPAXTON DAVIS
Director
February 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg. bodnar((DNCDEN R.gov
SUBJECT: CAIVIA%Oreitge.and Fill Applfcahon Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed. DWR# 2022-0194 VI
"Additional comments may be attached" Will require individual permit as
This agency has no comment on the proposed project. per the new rule changes
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.
PRINT NAME Tina Martin
AGENCY, Division of Water Resources
SIGNATURE ,
DATE
02/18/2022
RECEIVE®
F E B 1 8 2022
MP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
on.mmaan�m uu, ..wwn�
252.808.2808
' Received: 02/10/2022
$._a State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 8, 2022
NORTH CAROLINA
Environmental Quality
ER 22-0513 Due: 2/18/2022
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg.bodnar gtNCDENR.gov
SUBJECT: CAMA/OredgeandFi!lApPlicatign_Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, 2022j If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
`*Additional comments may be attached"
X 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.
Renee Gledhill -Earley
PRINT NAME
AGENCY State Historic Preservation Office
SIGNATURE
DATE
(2 ,y a,nLX "
March 01. 2022
7'iiEIVED
MAR 1 2022
MP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
amm.mmm.uwm..mimw� /"�
252.808.2808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 8, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gre00. bodnar(a7 N C D EN R.cov
SUBJECT: CAMA%Dredge and Hill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
XThis 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.
PRINT NAMEJannes Harrison
AGENCY. NCDMF
DATE 24 February 2022
DEQ��
RECEWE®
F E B 2 4 2022
MP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead Oty, North Carolina 28557
252.8082808
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February B, 2022
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3336 (Courier 11-12-09)
gregg.bodnar(DNCDENR:gov
SUBJECT: CAMA / Dredge and Fill Application Review
Applicant: Schwartz, Robert & Shelley
Project Location: New Bern, Craven County
Proposed Project: relocate structure, construct private boat ramp & dock
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by March 8, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME may Go T �b n
AGENCY N(AR_C_
SIGNATURE
DATE 3-'� 2 �L7i
ODEc+nn es.
us.n�t utia.nmaosp
North Carolina Department of Environmental Quality I Division or Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2805
1 ' �
North Carolina Wildlife Resources Commission K�
Cameron Ingram, Executive Director
MEMORANDUM
TO: Gregg Bodnar
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator -
Habitat Conservation Division
DATE: March 8, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for Robert Schwartz, Craven County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is
located at 157 Ducks Way adjacent Brices Creek in New Bern, NC. Our comments are provided
in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through
113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens
Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and
the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.).
The applicant proposes to relocate a non -conforming structure on his property as well as
construct a boat ramp and dock within Brices Creek. The structure will retain the same
dimensions, only move to another portion of the property. A 5' by 48' hog slat pier is proposed
with a 9' by 21' platform. The proposed boat ramp would be 17' wide by 20' long, extending
approximately 7' waterward into Brices Creek. Two 20 vinyl retaining walls on either side of the
ramp would offer stability. Brices Creek at this location is classified C Sw NSW by the
Environmental Management Commission and is subject to the NC Division of Water Resources
Neuse Basin Buffer Rules.
The NCWRC has reviewed the information within the application package. While the NCWRC
does not believe the project will have significant impacts on wildlife resources if constructed
appropriately, we cannot support the construction or a boat ramp that terminates in water depths
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: (919) 707-0220 • Fax: (919) 707-0028
Page 2
less than -3' NWL. It was difficult to determine from the information provided if this depth is
met. Therefore, we request clarification of the depth and extension of the ramp to -3' NWL if the
current design does not attain -3' NWL.
We appreciate the opportunity to review and comment on this permit application. If you need
further assistance or additional information, please contact me at (252) 948-3916 or at
maria.dunn(ci),ncwildlife.org
i. .
ROY COOPER
Governor
JOHN NICHOLSON
interim Secretary
S. DANIEL SMITH
Director
Robert & Shelley Schwartz
111 Cindy Drive
Egg Harbor Township, NJ 08234
NORTH CAROLINA
Environmental Quality
March 30, 2022
RECEIVED
MAR 3 4 2022
M? SECTION MHD
DWR # 2022-0194 V1
Craven County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER PROTECTION
RULES (15A NCAC 02B .0714) WITH ADDITIONAL CONDITIONS
157 Ducks Way, New Bern — relocate structure, construct private boat ramp &
dock
Dear Mr. & Mrs. Schwartz:
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on July 11 2021. 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 Authorization Certificate shall expire five (5)
years from the date of this letter.
This approval requires you to comply with the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 06111
Type of Impact
Amount Approved
Permanent (square feet)
Plan location/ Reference
Attached
Buffer - Zone 1
B-1
225 ftz
Plan sheets
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall l Washington, North Carolina 27889
252.946.6481
. - .11L
2. Diffuse Flow
An additional condition is that all stormwaters shall be directed as diffuse flow at non -erosive
velocities through the protected stream buffers and will not re -concentrate before
discharging into the stream as identified within 15A NCAC 02B .0714(5) or provide treatment
via an approved stormwater BMP meeting the nutrient removal requirements established
within 15A NCAC 02B .0714(a)(1)(2). For this project, diffuse flow can be accomplished
through guttering of all roof drainages and directing their discharge to a point outside the
entirety of the riparian buffer.
3. No Waste, Spoil. Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Buffer Authorization Application. All
forestry operations activities shall be performed so that no violations of state water quality
standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502].
4. The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre-existing grassed lawns must
be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must
be replanted with trees and woody vegetation. Disturbed areas with pre-existing forest
vegetation must be replanted with forest vegetation including at least two different native
hardwood tree species at a density sufficient to provide 260 trees per acre at maturity. This
density can usually be achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x
9 spacing) trees per acre.) Restoration of trees/shrubs/forest must be completed by the first
subsequent planting season (November 1 through March 30). Note, if the tree plantings do
not survive, they will need to be replaced such that the density is sufficient to provide 320
trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A
NCAC 026 .0714 (6)]
5. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Authorization. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and Authorization and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
6. This approval and its conditions are final and binding unless contested. fG.S. 143-215.51
ECE�VED
MAR 3 1 2022
POP SECTION M M
11.0
D E 0 North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1943 Washington Square Mall l Washington, North Carolina 27889
RVVII /� 252.946.6,481
This Buffer Authorization 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, 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,
Fed Ex, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
CEiVE-0
MAR 3 1 2022
N?P SECTION MID
North Carolina Department of Environmental Quality I. Division of Water Resources
Washington Regional Office 1943 Washington Square Mall l Washington, North Carolina 27889
252.946.6481
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0714. Please contact Tina Martin at 252-948-3844 or
tina.martin(a)ncdenr.gov if you have any questions or concerns.
cc:
Gregg Bodnar, CAMA (via email)
Brad Connell, CAMA (via email)
Laserfiche/DWR file copy
Sincerely,
P144Ta,"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
a',
MAR 31 2022
NIP SECTION" 71n6 D
D rz 0%
'Jr/
North Carolina Department of Environmental Quality l Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall l Washington North Carolina 27889
FM GK M
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252.946.6461
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Boathouse& Dock relocated and rebuilt in new location 24'
Existing Boathouse & Dock will be demolished and removed after new Boathouse & Dock are relocated li f i - r 1
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Boathouse °1 .:::--::::----- ;_k::.:_::.. LU (existing) o if i 16
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DCM-MMID CITY
MAR 3 1 2022
rNa'P SECTION AFIHD
Bodnar, Gregg
From: Martin, Tina R
Sent: Thursday, March 31, 2022 9:24 AM
To: Bodnar, Gregg; Connell, Brad
Subject: DWR# 2022-0194 V1 - Schwartz-157 Ducks Way
Attachments: Signed_2022-0194 V1 Buffer Authorization Letter - Schwartz - 157 Ducks Way.pdf
Gregg,
Please find attached the buffer authorization for Schwartz —157 Ducks Way.
The proposed project impacts are under the thresholds for GC 4501 so there is No Written
Concurrence for a Water Quality Certificate, but the project does require a buffer
authorization for the boat ramp in the Neuse riparian buffer.
Sincerely,
Tina Martin
Tina Martin
Environmental Specialist II
Division of Water Resources — Water Quality Regional Operations
North Carolina Department of Environmental Quality
943 Washington Square Mall
Washington, NC 27889
Office # (252) 948-3844
Cell # (252) 945-0205
tina. martin(ancdenr.gov
D E
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
May 3, 2022
Regulatory Division
ORM ID No. SAW 2022-00321
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
RECEIVED
MAY 3 2022
IMP SECTION MHD
Reference the application of Robert Schwartz for a Department of the Army permit to
construct a boat ramp and relocate a non -conforming dock and boat house, on property located at
157 Ducks Way, adjacent to Brices Creek, near the City of New Bern, in Craven 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. 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.
3. 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.
4. 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.
5. 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.
6. 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. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone (910) 251-4564.
Sincerely,
J�".(3�0, SP WS
Raleigh Bland, S.P.W.S.
Regulatory Project Manager
Copies Furnished:
N.C. Division of Water Quality, Wetlands Unit
2321 Crabtree Blvd, Parkview Building
Raleigh, North Carolina 27604
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Ronald J. Mikulak, Chief
RECOVER
MAY 3 2022
ITIP SECTION MID
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Roy Brownlow, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
ECIEUVE®
MAY 3 2022
FVT SECTION PAHD
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Robert & Shelley Schwartz
LOCATION OF PROJECT SITE: The project is located adjacent to Brices Creek at
157 Ducks Way, near New Bern, in Craven County.
Latitude: 350 3157.43"N Longitude: 77° 3'45.78"W
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit—1/11/21
Was Applicant or Agent Present —Yes
Photos Taken — Yes
PROCESSING PROCEDURE: Application Received — cc: 2/2/22
Office — MHC
SITE DESCRIPTION:
(A) Local Land Use Plan — Craven County
Land Classification from LUP —Rural with services
(B) AEC(s) Involved: PTS, PTA
(C) Water Dependent: Yes, No
(D) Intended Use: Private Residential
(E) Wastewater Treatment: Existing — septic
Planned -none
(F) Type of Development: Existing — residential dwelling, pier, bulkhead, & shed
Planned - relocate non -conforming shed, construct dock &
boat ramp
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED
(A) Open Water 75 ft2 813 ftZ shaded
(B) High Ground 225 ftZ
(E) Total Area Disturbed: 1,113 ftz
(F) Primary Nursery Area: No
(G) Water Classification: C; Sw; NSW Open: No
(H) Cultural Resources: None
Proiect Summary: The applicant wishes to relocate a non -conforming structure
(shed), construct a boat ramp and dock within Brices Creek for private use, in
Craven County.
Field Investigation Report:
Schwartz
Paee 2
Narrative Description:
The property is located adjacent to Brices Creek at 157 Ducks Way near New Bern, Craven County.
This property is currently developed with a residence, pier, bulkhead, and a non -conforming structure
used for storage is immediately adjacent to the pier out over the tributary. The adjacent riparian
properties are developed with single family residences.
The enclosed storage structure (shed) is considered a non -water dependent use as per the NC Coastal
Resources Commission (CRC) rule, 15A NCAC 07H .0208(a)(1). Therefore, the structure is non-
conforming to the existing rule which took effect on September 9, 1977. However, the structure was
built in 1970, prior to the effective date of the rule to which it is inconsistent.
The elevation of the high ground of the parcel is about 5' above the normal water level (nwl).
Vegetation on the parcel mainly consists of mature trees and lawn grasses. There are no Coastal
Wetlands within the project area. The 0.4-acre lot has approximately 135' of continuous shoreline
along Brices Creek. Immediate offshore water depths adjacent to the parcel range from —2' to —10'
normal water level (NWL). The subaqueous substrate is firm without shell.
There is not a cultural resource in the nearby vicinity of the project area. This waterbody is
approximately 265' across at this location. These inland waters are not classified as a Primary
NurseryArea. Submerged aquatic vegetation was not observed at this location. This area is closed to
shellfish harvest and is classified as C; Sw; Nutrient Sensitive Waters. There is not a defined Federal
Channel near the project area. This parcel is subject to the Neuse River Riparian Buffer Rules.
Proposed Development:
The applicant proposes to relocate the existing dock & shed, and construct a new boat ramp within
Brices Creek, near New Bern. The proposed development would take place at 157 Ducks Way,
Craven County. This proposal is for private residential use.
The existing dock and non -conforming shed would be moved from the northern riparian property line
to the southern riparian property line. The current structure traverses the northern riparian property
line and into the neighbor's riparian property area of Brices Creek. The riparian property owner to the
south has waived the 15' setback. According to the Craven County tax records, this existing shed
structure was originally constructed circa 1970. There are no proposed changes to the dimensions
(16' x 24') of the non -conforming storage structure. The proposed structure relocation would keep it
within the riparian property area of 157 Ducks Way.
The associated pier length would be increased and an "L" platform would be constructed at its
waterward terminus. The proposed hog slat pier would be 5' by 48' and the proposed hog slat
platform would be 9' by 21'. The proposed shed location would be on the south side of the proposed
pier, landward of the proposed "L" platform.
Brad Connell February 8, 2022 Morehead City
Field Investigation Report:
Schwartz
Pase 3
The proposed hog slat boat ramp would be constructed 15' from the northern property line. The
proposed boat ramp would be 17' wide and 20' long. This proposed ramp would extend
approximately 7' waterward into Brices Creek. Two 20'-long vinyl retaining walls on both sides of
the boat ramp for structural support are included in this proposal.
Anticipated Impacts:
This proposal would not pose a hazard to navigation. The proposed dock and storage structure
would shade 813 square feet of inland waters. The storage structure would serve a similar use and
not be enlarged beyond its original 1970 dimensions as per CRC rule 15A NCAC 07H .0211 J, and it
would be relocated to within the riparian property area so as to comply with current rules to the
maximum extent possible.
The proposed boat ramp would also be for private use of the property owners. The proposed boat
ramp would fill approximately 75 square feet of shallow bottom and 225 square feet of high ground.
Traditional marine construction methodology will be utilized during the construction of this
project. Turbidity impacts are not anticipated during construction activities within Brices Creek.
There is not a cultural resource in the nearby vicinity of the project area. This project area is
subject to the Neuse River Riparian Buffer Rules. These waters of Brices Creek are not
classified as a Primary Nursery Area and the presence of submerged aquatic vegetation was not
observed. This area is closed to shellfish harvest and is classified as C; Sw; Nutrient Sensitive
Waters. There is not a defined Federal Channel near the project area.
Brad Connell February 8, 2022 Morehead City
Robert & Shelley Schwartz
157 Ducks Way
New Bern, NC 28562
CAMA Major Permit Application Narrative
December 16, 2021
We purchased our property at 157 Ducks Way in New Bern on May 25,2017 for one reason —the vintage
boathouse on the water! Although the house on the property is located in a flood zone and recently
flooded during hurricane Florence and needs to be completed renovated, it is the boathouse that gives
us the most pleasure and enjoyment of our waterfront property.
This classic boathouse is mounted on pilings driven into the riverbed and constructed with wood
framing and galvanized metal siding and roofing. It was constructed in 1950 and has stood the test of
time and survived numerous storms and hurricanes. It is a historic structure that needs to be
maintained and preserved, and as the current owners we are committed to preserve this historic
landmark. As we work hard to restore and remodel the house to make it our dream waterfront home, it
is the vintage boathouse that reminds us why we purchased the property and inspires us to make the
dream a reality.
Our boathouse was built during at a time when few people lived in the rural Brices Creek area once
dominated by fishing camps and family farms, long before the establishment of coastal management
regulations. As a result, the boathouse was built by local residents on their property to meet their
fishing and boating needs at the time. As the area has developed over time and regulations and
boundaries have become more defined, our boathouse has been deemed to be non -compliant with
current CAMA regulations and adjacent riparian property rights.
It is our intent to restore our vintage boathouse to its former glory and bring the non -conforming
structure into compliance with current riparian property owner regulations. Therefore, we propose to
move and restore the existing dock and classic boathouse to a new location on the opposite side of our
property while respecting the adjacent riparian property owner rights. However, we are requesting an
exemption as a historic structure from the CAMA development regulation that states 'boathouse walls
may cover only the top half of the boathouse (from the roofline). The bottom half must remain open.' As
a historic structure existing prior to current CAMA regulations, we are requesting to be'grandfathered;
and allowed to rebuild the boathouse in its current form and dimensions in the proposed new location.
Due to the location of the house, shed, other outbuilding structures and the septic system and leech
fields on the property there is no other location where the boathouse could be installed.
In compliance with 15A NCAC 07J .0211 we are requesting to move, relocate and restore/replace our
existing 'non -conforming' boathouse that was built in 1950, prior to the effective date of the rule with
which it is inconsistent. The replacement structure will be built to the same original dimensions, will
RECEIVED
FEB 01 2' 22
DCM-MHD CITY
County era gone long ago, and having survived all the severe storms during the past 70 years makes it a
treasured landmark that local residents embrace and share fond memories. There are very few similar
structures remaining, and therefore it is impossible to replace such a traditional boathouse with an
alternative structure. No owner of a 1957 Chevy Bel Air would ever trade it for a current model car with
its modern 'benefits.'
Respectfully,
Robert & Shelley Schwartz
A scoping meeting was held at which DWR was present. The date of the scoping meeting was on
Monday, January 11, 2021 and this project was discussed. This meeting met the requirement for
requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the
federal Clean Water Act.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief. The project proponent hereby requests that the
certifying authority review and take action on this CWA 401 certification request within the applicable
reasonable period of time.
RECEIVED
FEB 01 2�22
DCM-MHD CITY
ENT RIVER
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HWY 70
Bern,
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EIVED
FEB O 1 K22
DCM-MHD CITY
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N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Robert & Shelley Schwartz
Address of Property: 157 Ducks Way New Bern, NC 28562
Mailing Address of Owner: 111 Cindy Drive Egg Harbor Township, NJ 08234
Owner's email: shelleygarrisonCoomcast.net Owner's Phone#: (609) 364-8754
Agent's Name: John Gudaitfs Agent Phone#: (252) 675-8210
Agent's Email: sales@riverfrontbuilders.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacentto the above referenced property. The individual applying forthis
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawine with dimensions must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at (252) 806.2808. No response is considered the same as no objection if you have been nodfied by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive somelall of the 15' setback TLYU-J �
OR -
Signature of Adjacent Riparian Property Owner
I do not wish to waive the 1 T setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: Taw Rexroad
Mailing Address of ARPO: 165 Ducks Way New Bern, NC 28562
ARPO's email: ARPO's Phone#:
Date: ) 10 u *waiver is valid for up to one yearfrom ARPO's Signature'
Revised May2021
RECEIVED
FEB 01 2;
DCM-MHD CITY
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Robert & Shelley Schwartz
Address of Property: 157 Ducks Way New Bern, NC 28562
Mailing Address of Owner: 111 Cindy Drive Egg Harbor Township, NJ 08234
Owner's email: sheileygarrison@comcast.net Owner's Phone#: (609) 364-8754
Agent's Name: John Gudaitis Agent Phone#: (252) 675-8210
Agent's Email:
sales@riverfrontbuilders.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawing. with dimensions, must be provided with this letter.
1 DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what /s being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at (252) 808-2808. No response is considered the same as no objection if you have been notilled by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or dprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback J ��
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: Teru Rexroad
Mailing Address ofARPO:
165 Ducks Way New Bern, NC 28562
ARPO's email:
ARPO's Phone#:
Date: 1010
24
'waiver is valid for up to one year from ARPO's
Signature"
Revised May 2021
RECEIVED
FEB 01 2�,22
DCM-MHD C Y
2POSUNITED S16TES
W SERVICE.
NEW BERN
1851 S GLENBURNIE FD
NEW BERN, NC 28562-5268
(800)275-8777
12/16/2021 04:26 PM
------------ - - ------ ---- ---- ---------"--- --
Product 0ty Unit Price
Price
------------------------------ '----'----------
First-Class Mail® 1 $2.16
Large Envelope
New Bern, NC 28562
Weight: 0 lb 5.30 oz
Estimated Delivery Date
Mon 12/20/2021
Certified Mail® $3.75
Tracking #:
70212720000321618OC10
Return Receipt $3.05
Tracking #:
9590 9402 7164 1251 6320 20
Total $8.96
First -Class Mail® 1 $2.16
Large Envelope
New Bern, NC 28562
Weight: 0 lb 5.30 oz
Estimated Delivery Date
Mon 12/20/2021
Certified Mail® $q./5
Tracking #:
70212720000321618017
kilturn Receipt $3.05
Tracking #:
9590 9402 7164 1251 6320 1'1
I.tial $8.96
-- - -- -----------'----------------
Grand Total: $17.92.
---------------------------
Personal/Bus Check $17.92
USPS is experiencing unprecedented volume
increases and limited rmpIOvetl,
availability Oue to the Impacts of
covio-19. Ide appreciate your patience.
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N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
hale July 8, 2021
\unit of Properq Ovsner Applying fair Permit:
Robert & Shelley Schwartz
Mailing Address:
111 Cindy Drive
Egg Harbor Township, NJ 08234
I certify that I have authorized (agent) Riverfront Docks, LLC to act oil Inv
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) concrete dock walkway and platform
at (my property located at) 157 Ducks Way New Bern, NC 28562
This certification is valid thru (date) July 8, 2022
` I j
Owner Signature
Date
RECEIVED
FEB 01 2(122
DCM-MHD CITY
NOT 1 (0*000 1 7gA
CAMA PERMIT
APPLIE FOR
PROJECT: Relocate a dock, shed, and construct
a boat ramp within Brices Creek near New Bern
adjacent to 157 Ducks Way.
COMMENTS ACCEPTED THROUGH _ March 10, 2022
APPLICANT:
Robert Schwartz
I I I Cindy Drive
Egg Harbor, NJ 08234
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOVV:
Brad Connell - DCM
400 Commerce Avenue
Morehead City, NC 28557
(252)808-2808
ROY COOPER
aorenu,r
ELIZABETH S. BISER
Secretary
BRAXTON C. DAVIS
I)irYem.
Coastal Management
ENVIRONMENTAL QUALITY
February 3, 2022
Mr. Robert Schwartz
111 Cindy Drive
Egg Harbor, NJ 08234
Dear Mr. Schwartz:
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located adjacent to Brices Creek at 157 Ducks
Way near New Bern, Craven County. It was received on February 2, 2022, and appears to be
adequate for processing at this time. The projected deadline for making a decision is April 18,
2022. 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 February 2, 2022, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which
must be posted at the property of your proposed development. You should post this notice at
a conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-
of-way fronting your property, or at a point along the road right-of-way where a private road
would lead one into your property. Failure to post this notice could result in an incomplete
application.
Nothing Compares �
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
2528082808 T
Schwartz
Page 2 of 2
2/2/22
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact me if you have any questions and
notify me in writing if you wish to receive a copy of my field report and/or comments from
reviewing agencies.
Sincerely,
Brad Connell
Coastal Management Representative
7W
Enclosure
CC: Gregg Bodnar, Asst. Major Permits Coordinator
Roy Brownlow, District Manager
David Gover, Riverfront Docks LLC, Agent
"Nothing Cotnpms�
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T
ROY COOPER
Gorerear
ELIZABETH S. BISER
Sect era"
BRAXTON C. DAVIS
Dlrenor
Coastal Management
ENVIRONMENTAL QUALITY
February 3, 2022
The Sun Journal
Legal Advertisement Section
P.O. Box 1149
New Bern, NC 28563
Re: Public Notice — Robert Schwartz
Dear Sir:
Please publish the attached Notice in the February 13, 2022 issue of the Sun Journal.
The State Office of. Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400
Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808.
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
Sincerely,
Brad Connell
Coastal Management Representative
Enclosure
cc: Gregg Bodnar
Roy Brownlow
Nothing Compares_
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as
designated under the CAMA was received on February 2, 2022. According to said application, Robert
Schwartz proposes to relocate a dock, shed, and construct a boat ramp within Brices Creek, adjacent to
157 Ducks Way, Craven County. A copy of the entire application maybe examined or copied at the office
of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City,
NC, (252) 808-2808 during normal business hours.
- Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, N.C. 28557, prior to March 10, 2022, will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies.
Notice of the permit decision in this matter will be provided upon written request.
PUBLISHED ON: February 13, 2022
Nothing Compares_
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T -
BK 3502 PG 949 - 952 (4)
This Document eRecorded:
Fee: $26.00 DocType: DEED
Craven County, North Carolina
Sherri B. Richard, Register of Deeds
DOC# 10007966
05/25/2017 03:58:06 PM
Tax: $260.00
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $ 260.00
Parcel Identifier No. 7-103-039 Verified by County on the _ day of 20_
Mail/Box to: Stricklin Law Firm, P.A..448 U.S. Hizhwav 70 W., Havelock, NC 28532
This instrument was prepared by: Stricklin Law Firm P.A.. 448 U S Highway70 W Havelock NC 28532
Brief description for the Index: LOT Metes & Bounds. Bryan Duffy
THIS DEED made this 11th day of April , 20 77 by and between
GRANTOR
Jan H. Sheehan and spouse,
James Edward Sheehan
8 Cove of Cork Lane
Annapolis, MD 21401
GRANTEE
Robert C. Schwartz, Jr. and spouse,
Shelley N. Garrison -Schwartz
I I 1 Cindy Drive
Egg Harbor TWonship" NJ 08234
Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g.
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, mid assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.
W ITNL'SSETH, 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, parcel of land or condominium unit
situated in the City of Number Seven (7) Township, Craven County,
North Carolina and more particularly described as follows:
See Attached RECEIVED
FEB 01 2G?2
ro DCM?HD CITY
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2594 page 4
All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor.
A map showing the above described property is recorded in Plat Book page
Page I of 2
NC Bar Association Form No. 3 ® 1976. Revised 0 1977, 2002. 2013 This standard form has been approved by:
Printed by Agreemem with the NC Bar Association — 1981 North Carolina Bar Association — NC Bar Form No. 3
submitted electronically by "Stricklin Law Firm, P.A."
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Craven County Register of Deeds.
BK 3502 PG 950
DOC# 10007966
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the tide against the lawful
claims of all persons whomsoever, other than the following exceptions:
Restrictive covenants recorded in Book 543, Page 225, Craven County Registry. _,%%y0,,.....;,(fet
Easements and Restrictions of record. 2 MY
IN WITNESS WHEREOr, the Grantor has duly executed the foregoing as of the day and year first above written. �, z : COMMIS,
(Entity Name)
Print/Type Name &
Print/Type Name &
Prim/Type Name & Title:
State of Maryland - Countyor City of
I, the undersigned Notary Public of the County or City of
Jan H. Sheehan
execution of the foregoing instru; ni for the .
20_L. ....PAY. PG
MY
z COMMISSION
My Affix 5
Commission Expires: A /n///1 EXPIRES
.r2
State of Maryland - County or dfyrq�°,.,`,,,,�t�
1, the undersigned Notary Public of the County or City of
execution of he fojegoing instrument for the
i! 1 20�
=nc MY
z : COMMISSION
My Commission Expires: /f/1/ /n c Z t EXPIRES
(Affix Seal)— ' F °• 5/17/2017
State of County or City dRu........m"
1, the undersigned Notary Public of the County or City of _
Print/Type
Prim/Type Name:
and State aforesaid, certify that
e ona ly appeared before me this day and acknowle�d� �e,d thedue
L_
Witness my hand and Notarial stamp or seal this lL�,. day of
(,a(2 NotaryPublic
Notary's Printed or Typed Name
M�>C45 and State aforesaid, certify that
Personally appeared before me this day and acknowledged the due
//
Witness my hand and Notarial stamp or seal this day of
Ph /,$_Notary Public
Notary's Printed or Typed Name
and State aforesaid, certify that
personally came before me this day and acknowledged that
he is the of a North Carolina or
corporation/limited liability company/general partnership/limited partnership (strike through the
inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its
behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _ day of , 20_.
My Commission Expires:
(Affix Seal)
NC: BarAssociation Form No. 30 1976. Revised d7 1977, 2002, 2013
Printed by Agreement with the NC Bar Association - 1981
Public
Notary's Printed or Typed Name
Pagc 2 0
1
7 RECEIVED
This standard form has been approved by:
North Carolina liar Association - NC Bar Form No. 3
FEB 01 2[22
DCM-MHD CITY
O
S
BK 3502 PG 951 DOC# 10007966
ATTACHMENT 'A'
Lying and being situate in Craven County, North Carolina, and more particularly
described as follows:
All that certain lot or parcel of land situated in Number Seven Township, Craven County,
North Carolina, and more particularly described as follows:
TRACT NO. ONE: Lying, situate, and being in Number Seven Township, Craven
County, North Carolina, on the west side of Brice's Creek, south of Williams Road, east
of the steel drawbridge over Brices' Creek, and being more particularly described as
follows:
Beginning at a point in the west shoreline of Brice's Creek this point standing 24.5 feet
measured North 17-00 East from the southeast corner of the tract of land conveyed to J.A.
Waller and wife by N.P. Shuler and wife by deed dated January 21,1949; thence from
this beginning North 64-30 West 120 feet; thence North 30-15 East 72 feet; thence South
64-30 East 111.7 feet to the shoreline of Brice's Creek; thence South 24-00 West along
the shoreline of Brice's creek 72 feet to the beginning. The courses herein referred to
being magnetic for January 1949.
TRACT NO. TWO:
That lot or parcel of land lying adjacent to the above -described Tract No. 1 above
described and beginning at the northernmost corner of the above -described lot and
running thence along the western line of the said lot South 30-15 West 72 feet; thence
North 10-10 East 74 feet; thence South 64-30 East 25.7 feet to the point of beginning.
The courses herein referred to being magnetic for 1950. Together with an easement for
the purpose of ingress, egress, and regress over and upon a strip of land 25 feet in width,
the centerline of this said strip being located as follows:
Beginning in the center of the Creek Road, this said Creek Road being as shown on the
map of the Bryan Duffy Subdivision, this said subdivision being of record in Map Book
2, at Page 67, in the office of the Register of Deeds of Craven County; thence from this
beginning South 4-40 East 173 feet; thence South 25-30 West 25 feet, more or less, to the
northern line of the foregoing described parcel of property.
(Cont.) RECEIVED
FEB 01 K22
DCM-MHD CITY
BK 3502 PG 952 DOC# 10007966
TRACT NO. THREE:
Also another lot or parcel of land lying adjacent to the above -described Tract No. 1 above
described and beginning at the westernmost corner of said Tract No. 1 above described
and running thence along the southern line of said lot South 64-30 East 120 feet to the
western shore of Brice's Creek; thence South 13-20 West along the western shore line of
Brice's Creek 60.1 feet to a stake; thence North 64-30 West 116.4 feet; thence North
10-10 East 60 feet to the point of beginning.
Tracts Numbers 2 and 3 above described being the same lots or parcels of land conveyed
to J. K. Barnes, Sr. By James Arthur Waller and wife, Sue Sandling Waller by deed dated
August9, 1955, and recorded in the office of the Regiser of Deeds of Craven County, in
Book 543, at page 225.
Tracts Numbers 2 and 3 above described are conveyed subject to those certain terms,
conditions and restrictions set forth in that certain deed executed by James Arthur Waller
and wife, Sue Sandling Waller, to J. K. Barnes, Sr., dated August 9, 1955 and recorded in
the Office of the Register of Deeds of Craven County in Book 543 at Page 225.
ALSO CONVEYED is a right of ingress, egress and regress to and from the parcels
described hereinabove and Brice's Creek Road, over and upon Creek Road (now Duck's
Way) as shown on the map recorded in Map Book 2 at page 67 of the Craven County
Registry.
This being the same property as described in Deed Book 2594 at page 405, Deed Book
2500 at page 606, and Deed Book 1100 at page 189 Craven County Registry.
7-103-039
SCH WARTZ 17-102
RECEIVED
FEB 01 P,,[(l
DCM-MHD CITY
Parcel ID
Owner:
Mailing Address
Property Address
Description :
Lot Description
Craven County Geographic Information System
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
This report was treated by Craven County GIS reporting services on 1/5/2021 2:58:16 PM
7-103 -039
SCHWARTZ, ROBERT C JR & SHELLEY N
111 CINDY DR EGG HARBOR TOWNSHIP NJ 08234 t �{
157 DUCKS WAY
BRYAN DUFFY 1 17
Subdivision :
Assessed Acreage : 0.400 Calculated Acreage : 0.380
Deed Reference : 3502-0949 Recorded Date : 5 25 2017
Recorded Survey
Estate Number :
Land Value:
$120,000
Tax Exempt: No
Improvement
Value : $43,050
# of Improvements : 5
Total Value :
$163,050
City Name:
Fire tax District : TOWNSHIP 7
Drainage District :
Special District
Land use :
RESIDENTIAL -
ONE FAMILY UNIT
Recent Sales Information
SALE DATE
Sellers Name
Buyers Name
Sale Type
Sale Price
5/25/2017
SHEEHAN, JAN H &
SCHWARTZ, ROBERT C JR
STRAIGHT
$130,000
JAMES EDWARD
& SHELLEY N
TRANSFER
4/30/2007
DGT VENTURES LLC
SHEEHAN, JAN H & JAMES
STRAIGHT
$225,000
EDWARD
TRANSFER
8/29/2006
KUEIDER, MARGARET B
DGT VENTURES LLC
STRAIGHT
$175,000
TRANSFER
11/18/1985
KUEIDER, WALTER G &
KUEIDER, MARGARET B
STRAIGHT
$0
MARGARET C
TRANSFER
11/18/1985
BARNES, ELIZABETH W
KUEIDER, WALTER G &
BUILDING SALE
$45,000
MARGARET C
List of Improvements to Site
Type of Structure
Year Built
Base Area 1st Floor
Value
RESIDENTIAL CONSTRUCTION
1950
1305
$36,850
STORAGE BUILDING-DETACHED-RES
1950
384
$2,300
SHED-W/1-3 SIDES OPEN -DETACHED
1970
308
$750
BOAT DOCK/PIER-RESIDENTIAL
1950
222
$2,400
STORAGE BUILDING-DETACHED-RES
1970
162
$750
RECEIVED
FEB 01 K22
DCM-MHD CITY
MAJOR PERMIT FEE MATRIX
Applicant: se k WA r %5 SlxeIle_y
Selection
Development Type
Fee
DCM %
DWQ %
(14300 1601 4351000931625 6253)
(24300 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)
0% ($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. 4097 (See
attached can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
III
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
MID). If General Water
Quality Certification No.
$400
60% ($240)T400%.
4097 (see attached) cannot
;(($1(9)q0)
Paquaticlife:
be a lied:
IV. For development that
involves the filling and/or
$475
60% ($285)
excavation of more than
one acre of wetlands and/or
o en water areas:
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
I. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
N/A
Schwartz Boathouse
Applicant 1: First Name
MI
Last Name
Shelley
Schwartz
Applicant 2: First Name
MI
Last Name
Robert
Schwartz
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
111 Cindy Drive
Egg Harbor
NJ
Township
ZIP
Country
Phone No.
FAX No.
08234
us
609 - 364 -
8754 ext.
n/a -
Street Address (if different hom above)
CIty
State
ZIP
157 Ducks Way
New Bern
NC
28562-
Email
shelleygarrison@comcast.net
2. Agent/Contractor Information
Business Name
Riverfront Builders, Lk;
Agent/ Contractor 1: First Name
MI
Last Name
John
Gudaitis
Agent/ Contractor 2: First Name
MI
Last Name
n/a
Mailing Address
PO Box
City
State
3614 Fort Road
New Bern
NC
ZIP
Phone No. 1
Phone No. 2
28560
252 - 675 - 8210
ext.
n/a - ext.
FAX No.
Contractor #
n/a
62543
Street Address (d dhTerenl from above)
City
State
ZIP
n/a
Email
We
<Form continues on back>
RECEIVED
252-808-2808 :. 1-888-4RCOAST .. Ft 0 2022
')CM-MHD CITY
Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
RECEIVED
FEB 01 &,22
DCM-MHD CITY
252-808-2808 :: 1-8Z •`COAST nccoastalmanageme.
Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Craven
157 Ducks Way
n/a
Subdivision Name
City
State
Zip
n/a
New Bern
NC
28562-
Phone No.
Lot No.(s) (if many, attach additional page with list)
609 - 364 - 8754 ext.
39, n / a , I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse
Brices Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade []Unknown
Trent River
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Craven County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fi.)
143'
16,640
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
16,640, 1 1
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
30" ❑NHW or ®NWL
e.
Vegetation on tract
Grass, trees
f.
Man-made features and uses now on tract
House, storage shed
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Houses
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
[]Yes ONO ®NA
j.
Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
FEB 01 ?, 22
252-808-2808 .. 1-888-4RC0. lmanagemenblt M-MHD CITY
Form DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? Dyes ®No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Septic system
o. Describe existing drinking water supply source.
County water
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑PublictGovemment
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Personal pleasure and viewing river, boat and jetski mooring, day use storage for water activity equipment
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Dock and platform construction will be performed from the water by an excavator mounted on a floating barge. Will be stored
on site during construction.
d.
List all development activities you propose.
Install concrete dock and platform, and reinstall existing boathouse in new location.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
Both: reinstall existing dock and
boathouse in new location
I.
What is the approximate total disturbed land area resulting from the proposed project?
0 ®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the slate.
n/a
i.
Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No DNA
J.
Is there any mitigation proposed?
❑Yes ®No DNA
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net (,22
DCM-MHD CITY
Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
6. AdditionalInformation
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) — (9 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and croes-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Bradley Kimrey Phone No. (252) 450.5952
Address 153 Ducks Way New Bern, NC 28562
Name Teru Rexroad Phone No.
Address 165 Ducks Way New Bern, NC 28562
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
n/a
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary. n/a
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) n/a
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.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this applicatioh will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 12/ 1 /21 Print Name John Gudaitis
Signature
Please indicate application attachments pertaining to your prop 5� project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
RECEIVED
FEB 01 21',22
252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.n®ICM-MHD CITY
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. I) Is the docking facility/marina:
❑Commercial ❑Public/Govemment ®Private/Community
❑This section not applicable
b. (i) WII the facility be open to the general public?
❑Yes ®No
c. (i) Dock(s) and/or piers)
d. (i) Are Finger Piers included? ❑Yes ®No
(ii) Number 1
If yes:
(iii) Length 49
(ii) Number
(tv) Width 6'
(iii) Length
(v) Floating []Yes ®No
(iv) Width
(v) Floating ❑Yes []No
e. (I) Are Platforms included? ®Yes ❑No
I. (I) Are Boadifts included? ❑Yes ®No
If yes:
If yes:
III) Number 1
(ii) Number
(iii) Length 22'
(iii) Length
(iv) Width 10'
(iv) Width
(v) Floating []Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
1
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
0
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips') only, number of slips:
❑ Dry storage; number of boats:
® Boat ramp(s); number of boat ramps: 1
❑ Other, please describe:
I. Check the proposed type of siting:
❑ Land cut and access channel
[]open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 21'
in. (i) Will the facility have tie pilings?
®Yes []NO
(ii) If yes number of tie pilings?
2
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open runabout
I. (1) Will the facility be open to the general public?
[--]Yes ONO RECEIVED
FEB 01 2122
DCM-MqD CITY
252-808-2808 :: 1-8884RCOAST :: www.ncconstalmanaaement.net revised: 12/27/06
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location: n/a
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
n/a
d. How will overboard discharge of sewage from boats be controlled?
n/a
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
n/a
(ii) Give the location and number of "Pumpout Available" signs proposed.
Na
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
n/a
g. Where will residue from vessel maintenance be disposed of?
n/a
h. Give the number of channel markers and "No Wake" signs proposed. 0
L Give the location of fuel -handling facilities, and Describe the safety measures planned to protect area water quality.
n/a
j. What will be the marina policy on overnight and live -aboard dockage?
not allowed
k. Describe design measures that promote boat basin flushing?
n/a
I. If this project is an expansion of an existing marina, what types of services are currently provided?
n/a
M. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED
❑Yes ®No
FEB 0 1 2,_ 2
252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net DCM-MR[lef>ihTzld?ros
Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes ),;)No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
p. Is the proposed madnaldocking facility located within or within close proximity to any shellfish leases? []Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
n/a
3. BOATHOUSE (including covered lifts) ❑This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ®Private/Community
(b) Number 1
(iii) Length 26'
(iv) Width 18,
Note: Roofed areas are calculated from dripline dimensions.
14. GROIN (e.g., wood, sheetpile, etc. It a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number 0
(III Length n/a
(III) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length
n/a
c. Maximum distance beyond NHW, NWL orwetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑Public/Government ®Private/Community
c Distance to be placed beyond shoreline 49'
Note: This should be measured from marsh edge, it present.
e. Arc of the swing
7. GENERAL
b. Average distance from NHW, NWL, or wetlands
❑This section not applicable
b. Number 2
d. Description of buoy (color, inscription, size, anchor, etc.)
n/a
RECEIVED
FEB 01 7'r2
252-808-2808 :: 1-888-4RCOAST :: vv w.nccoastalmanagement.net revise : 7 2 6
Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
15' 200'
Note: For buoy or moonng piling, use arc of swing including length
ofvessel.
c. Width of water body
345'
e. (i) Will navigational aids be required as a result of the project?
[]Yes ®No []NA
(it) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
10,
8. OTHER ❑This section not applicable
a. Give complete description:
The boathouse will be restored for its unique historic and intrinsic aesthetic value. Its proposed daily usage will be
watersports related equipment storage (paddle boards, kayaks, paddles, Iffe vests, etc)
July 8, 2021
Date
Schwartz Boathouse
Project Name
John Gudaitis
Applicant Nam
A can ignature
RECEIVED
FEB OI 2,:2
DCM-MHD CITY
252-808-281. + 888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06
I
�- (r[ AT 11,4 INUR.9VIC44 Of
tVCUWW- WITH WICOCKTI(ROAD
.�, I�nsJ Mkhael S.Myrr
� L�rJ B,�a1t !l+91, Fbls A6B.
%ARK
-�►„�� Way, ----.,.._. ,� :''�
J r by ay ��'30 L
TOW Land Am �a
? 14,969 59. FT. tna
tir.,
M
58d'Sh' I7'E-��
6,26'
f
C 34 AcrU l
W
3'6 m 4
�• Pia
� f>,r ��
J
YR
i r
.740fcry A. a Gr?we D. Yassat
Dead 3ook 2?.42, Poge 194,
Lime (03/Z31ZUll)p�`o `Wood Bulk "end
RECEIVED
FEB 01 1,
DCM-MHD CITY
4EEHAN FW4BOL*Mw GRAPHIC SCALE
Y q w
jW. G8- { u a ts�+rr rar 1
5/8" Galvanized 4" x 4' x 10'
Timber Bolt Concrete Slat
4" X 6"
Pressure Treated 4" x 6" Pressure Treated
\ 5Galvanized
5/8" Galvanized Timber 801
Tits
4" x 10" Timber Bolt
Pressure Treated
Galvanized ■ ■
Nut &Washer 4" x 30"
Pressure Treated
8" Marine -Grade
Plling
IVERFRONT
DOCKS
3614 Old Clieuy Puiirt Rudd RECEIVED
New 8em. NC 28560
(2521349-0797
RiwrfrontDocks.com
FEB 01 2022
■ 5' OCM-MHD CITY ■ 9'4"
(10' o.c.)
3'
-10,
END VIEW SIDE VIEW
RECEIVED
2' a 9• Rakers W o,
W/ HURIC]M Sh Ps
• All wood is Pressure Treated,
hardware is Vil nired/HDG or higher'
s/e•Tbnbe.
mne
DOCK WALKWAY
4' a 6' lawnva, board / 4' morn
Standing Seam Metal Roofing
4'a10'Header Botts
10' Pon
10'LMgng
4'g10• Beam
10'Piling
Stringer
FEB 01 2022
Ridge Beam DCM-MHD CITY
Robert & Shelley Schwartz
157 Ducks Way
New Bern, NC 28562
RIVERFRONT KS
3614 Old Cherry Point Road
New Bern, NC 28560
(252)349-0797
RlverfrontDocks.com
DOCK PLATFORM
2' a 6• Decking
4' a 6• bumper board / 4- concrete hog slat
to'PWig 10'PRng-. a'%ling .a- Piling I Ia'Piling
RECEIVED
All wood is Pressure Tre
hardware b galvanired/HDG
f s
10' Piling Ig 10' Piling
x 4- Studs
FEB 01 ?[IZ
B-a)CM-MHD CITY
Robert & Shelley Schwartz
157 Ducks Way
New Bern, NC 28562
RivERFRONT KS
3614 Old Cherry Point Road
New Bern, NC 28560
(252) 349-0797
RlverfrontDocks.com
8' Mrs,
16'
Robert 6 Shelley Schwartz
157 Ducks Way
New Bem, NC 28562
RivERFRONT KS
3614 Old Cherry Point Road
New Bern, NC 28560
1252)349-0797
RlverfrontDocks.com
All wood is Vressum T.tea,
hardware k galy nLr d/HDG or higher'
RECEIVED
FEB 01 2C22
DCM-MHD CITY
Robert & Shelley Schwartz
157 Ducks Way
New Bern, NC 28562
IVERFRO
KS
3614 Old Cherry Point Road
New Bern, NC 28560
(252)349-0797
RlverfrontDocks.com
' All x is P swm Treated,
hardswre is galwniaed/HD or Nehc'
2' x B' Rakers 16' o.c
w/ Hwtkane Steps
4'a10-Header
8' Mine
Brits
10' Piling
DOCK WALKWAY
10" Filing
4'x10' Beam
B. 10'Piling
\2' x 4- Studs
2' x 6- Decking
�Y x 8' Stringer
/ �5/8'Timber
Bow
4'g10'Header
to. Pill, 11tr
Pont
RECEIVED
FEB 01 Z;,Z2
DCM-MHD CITY
"'This is a word processing form to be completed in Microsoft Word'
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/1/2012)
Applicant: Robert Schwartz
Date: 2/3/2022
Project Site County: Craven
Staff: Brad Connell
District: ❑Elizabeth City ❑Washington
®Morehead City ❑Wilmington
Project Name: non -conforming boathouse
Date of initial application submittal (EX: 1/8/2007): 7114/21
Date application "received as complete" in the Field office (EX: 1/8/2007): 2/2/2022
Permit Authorization: ❑CAMA ❑Dredge & Fill ®Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ❑Yes NNo
Photos Taken: Yes N No®
Setback Required (riparian): ®Yes ❑ No
Critical Habitat: ❑Yes NNo ❑Not Sure
15 foot waiver obtained: NYes NNo
Hazard Notification Returned:
❑Yes NNo
SAV: ❑Yes NNo ❑Not Sure
Shell Bottom: ❑Yes NNo [-]Not Sure
Temporary Impacts: ❑Yes NNo
Sandbags: ❑Yes NNo ❑ Not Sure
Did the land use classification come from
county LUP: NYes []No
Mitigation Required (optional):
❑Yes ❑No
Moratorium Conditions: ❑Yes NNo
❑NA
Environmental Assessment Done:
❑Yes ❑No N NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) N Nutrient Sensitive Waters (NSW) N Swamp Waters (SW)
❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ Cm Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlemsh (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
N III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
❑ ll. Public or commercial/no dredge
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimananement.net revised: 02/15110
NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Schwartz
Date: 2/8122
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
Activity Name
Number
TYPE
Choose
One
REPLACE
Choose
One
Dimension 1
Dimension 2
Dimension
9
Dimension 4
Pier
1
New Work M
Maint ❑
Replace
®Y ❑ N
48'
5'
Platform
1.
New Work ®
Maint ❑
Replace
❑ Y ON
21'
9'
Shed
1
New work®
Maint ❑
Replace
®Y ON
24'
16'
Boat ramp
1
New Work ®
Maint ❑
Replace
❑ Y ® N
1 7'
20'
revised 02115110
NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Schwartz
Date: 218/22
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration .
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts
amount
Open Water
Dredge ElFill ElBoth ElOther
813 ft'
813 ft'
High Ground
Dredge ❑. Fill ® Both ❑ Other ❑
225 ft2
225 ftz
Shallow Bottom
Dredge ❑ Fill ® Both ❑ Other ❑
75 ftz
75 ftz
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
-
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 02/15/10
DCM Coordinator: Greta Bodnar
Applicant:
er Ins nk�v`�
Distributed Yes® No ❑
Distribution Date: Rl^ 6a,
AGENCY
WIRO
WARO
Q. W
LPO
f1(j
Rachel Love AdiicK MHC
ache) Love Adrick Washingon
DCM Planner
Mike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
_
Raleigh Bland (Beaufort Camden, Chowan,
(Carteret Onslow, Pender)
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Jordan Jessup (TBD)
Josh Peletier - (Bertie, Currituck, Dare, Gates,
Greg Curry (TDB)
Pamlico, Posquotank, Washington)
US COE (NC DOT)
(Brunswick, New Hanover)
DOT - Tom Steffans — (Beaufort, Carteret,
DOT Brad Shaver
Craven, Pamlico
(Brunswick, New Hanover, Onslow,
Pender)
Mark Zeigler (Onslow, Pender, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort Carteret Craven, Eliz
Lee Padrick (Beaufort Carteret Craven
City, Pamlico, Washington)
Eliz City, Pamlico, Washington
Cultural Resources
Renee_ Gledhill -Earley
Renee Gledhill -Earley
Div. of Water
Infrastructure
Heidi Cox
Clif Whitfield
Marine Fisheries
Kimberlee Harding
Jimmy Harrison
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon Gupton
Shannon Jenkins & Sharon Gupton
State Property
Tim Walton & Mike Moser & Wanda
Tim Walton & Mike Moser & Wanda Hillard
Hillard
DEMLR/DWR:
Sheri A. Montalvo/Shelton Sullivan
Sheri A. Montalvo/ Shelton Sullivan
(NC DOT)
Kristy Lynn Carpenter
Kristy Lynn Carpenter
DEMLR
Sediment & Erosion
Dan Sams
Sami Dumpor
Storm water
Christine Hall `J� i`f,]C_[' t
Roger Thorpe
DWR 401
Holley Snider (Carteret New Hanover
Anthony Scarbraugh
Onslow, Pender,)
Chad Coburn (Brunswick)
(NC DOT)
Joanne Steenhuis Brunswick, New
Garcy Ward
Hanover, Onslow, Pender
WRC
Maria Dunn (WARD)
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program
Rodney Bulter
Rodney Bulter
NC Division of Coastal Management 16 418 A B ®D
Cashier's Official Receipt 11
' Date: a �a 20 2Q
Received From: jLei Jrn A7 �U I Idio �� u—G $ /On —
Permit No.: Mr I r9 r conkn car f Check No.: 0.�11Q L5;�
Applicant's Name: -5c- +L County: Cc-myfo
Project Address: 1*'7 Qwk Qt�
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: uw e i Date:
Signature of Field Representative: 1440 Date: _i�
21'
L
BRICES CREEK
===4t,
w
a
q.
m
h
15'
-------------------
-----------------
-------------
Boathouse & Dock relocated and rebuilt in new location
Existing Boathouse & Dock will be demolished and removed after new Boathouse & Dock are relocated
m
fi r
i
L
24' x 16'
X
57'-----------------------------
�I
Boathouse
(existing)
0
t =_ ::::16-:::::::::::::�
II
v
IIIII
i
-
x
Normal Water Line
(approx 2'6" deep)
IIIIII
boat ramp
IIIIJII
wood seawall (existing)
_ _
=
77'2"
5'
20'
—
wa
O
c
_
27.5'
50' Neuse River
w
c p
a
Riparian Area Rule
y a
30' Zone 1
`� p
a
15'
20' Zone 2
2 0
Y
o. M
xX
M
131Property Width
RECEIVED
38'
HOUSE
FEB 0 1 2
DCM-M ; rl�.
10
M
o°c %o
cures
aN (T n
vQ
Z o
� � V
i i M
V v N
�m,n
�Z
ZV
C C)LLJ
N
y
3 N
L .p
U 00
? N
c Z
L4 uOJ
i
i Q m
0 Ln 3
v
= Z