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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, jrV I WA 455 p r-av4e a1A' t(J k � j�,.,. v ac;YS. 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 / N DCM — LUP Consistency Determination Z $ 2. r/ 5. T Local Permit Officer 5(3 Corps of Engineers — Regulatory Branch y1, Zp ZL Wj Z DWR-401 Section 3'ft ZL fC Hs0 Zo7� (7(4 DWR—PublicWaterSupply 2.11(71'L l DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission 3 R_ 3t (J DMF — Shellfish Section / DMF — Habitat & Enhancement Z ZN zi K DNCR— Archives&History 3I Z2 1 DNCR—Natural Heritage Program NCDOT NC Dept of Commerce t'gILZ K 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 �"°°m' .—\ / 252.946.6461 a � BRICES CREEK 121' z $ ib N a V C m � 9' �Za - wcro _c c� Vm^ �_ ililfi _.. n _......_ 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 1 111<11; D r °o i III Boathouse °1 .:::--::::----- ;_k::.:_::.. LU (existing) o if i 16 ---- x m Normal Waterline ( approx 2'6' deep) a r, I \ { IH N boat ramp illlii c, liifil N wood seawall (existing) u , �. 2l)V1�6 C o c 27.5' 50, Ncuse River c p at �. Riparian Area Rule y n �g 30'Zone I gg 11 e 15 20'Zone2 p c O n �+ N � y � �N N U 131' property Width RECEIVED - On 3 Z 38' ( ' HOUSE :� FEB U12(I?Z @�-.�y��y�sp pppp D� a�3 I .. - FJ 6 F� 9 on 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 rI HWY 70 Bern, r- EIVED FEB O 1 K22 DCM-MHD CITY •'� YI 1y1� �_ I!`PCi4 c s i Ar eat r- SSSQ i a n a. F r MY ��'.VAW , � r. 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. Y<'K arx YC Y<Ycx Y<r<rcx Y<r; YC Yrx xx XYc rrXY<x Y<*xr,x rrx nxYrx yt Yr ttxx• In a hurry? Self-service kiosks offer l, _.', A„,, paiail p N f a 4 �• p New Bern;r N 5 1 Certified Mall Fee $7 7r- rq V• J ru $ Extra Services 8 Fees (cnece pp�- aM rse $rwperNfs) M ❑ Retum Recelpt (F,dcopy) $ tJJ�UJ O ❑Return Recelpt(elec jc) $ I. I p ❑CedinedMall ReatrkledZW,.y S 4[1 r1fl O ❑Adult Slgnatum Required S 1, - ❑ Adult Signature Rest&le oeily"f nJ Soarage $2.16 nJ Total Postage and Fpga g6 $ �i ru Sent To VZ $fleet end .,a etix lV •- �iN, $f31e 1.l vu r` fforlmz= o co New Bern, K 28562. —3 CerdlledMollFea $3.75 ra $ Extra Semices 8 Fees (ca * aac add hn qr uppppr,.trol R1 ❑ Relurn Receipt(hardcapY) $ 1�4 Vlt O ❑ Return Receipt (aleclmnk) $ $n_fill C-3 ❑ Codified Mall Resldcled NINNY S _ Q ❑Adult Signature Requlrod $__$10.1610 ❑Adult Slgnalum Resulcted DelNery S Postage $2.16 $ g ru Totel Pos[ago and $9.96 s NSent To cl p�� 1� S.Xq.��/e�r. - -- • �/ L1.. r. . Slreeleild j,N` Postmark Here 12/16/2021 (1560 12 Posknark Mere 12/16/2021 .............I ............. DCM-MHD CITY H"WWWWWWWWWW N"wwNWXWW%'W /[WWWWW%'W XWWXXW N'X XWRW 11`;PS i e•slvy i, in idyl iUgq nn n•L.i ��<•il Vn' Am" availability due to the impacts COVID-19. We appreciate your patience. In a hurry? Self-service kiosks offer quick and easy check-out. Any Retail Associate can show you how. Text your tracking number to 28777 (2USPS) to get the latest status. Standard Message and Data rates may apply. You may also visit www.usps.com USPS Tracking or call 1-800-222-1811. Preview your Mail Track your Packages Sign up for FREE 9 https://informeddelivery.usps.com Earn rewards on your business account purchases of Priority Mail labels with the USPS Loyalty program by using Click and Ship. Visit www.usps.com/smallbizlc,yalty for more info. All sales final on stamps and postage. Refunds for guaranteed services only. Thank yor; for your business. Tell us about Your' experience. Go to: https://postalexperierice.cum/Pos or scan this cocle with your mobile devico ❑ r*L1 1F p . ❑ or call 1-800-410-7420. UFN: 365480-0560 Receipt #: 840-52800270-2-52.40072-2 Clerk: 12 RECEIVED FEB 01 DCM-MHD CITY MZUSPSCOM Sand n.... tpep liwktue weaa.e.ar n.P Q USPS Tracking' T—" r"a Track Mother Package+ fiat the eaa mmrmed D.weyele.waar.oaV. aulomale0 nobhtabMa M yWr OYbgef Tracking Number. 70212720000321618017 The delivery statue of your Ham has not been updated as of Awaiting Delivery Scan December 18.2021. 2:08 am. We apologize that it may Decanor 18.202, .1208.m ar". later ttao anpecled. US" Tracking Pka.- Avallable v gat Update. v Alan Tlert S Email Updau V Tracking M41ary ^ Decnnbr 18. Met 2:09.m A::almp De ,:wy S.a- T ,e de;ive� Sta1- D',cur tem has not ben updated s. of Doarnbar 18, 2021.2:08 am. M epcki that L me, a tNa lam 1hn aapxled. December 17. 2021. a BB an Out In De—, NEW BERN. NC 28582 OaanEer 17. 2021. 7:67.In MNed el Poat OR,w NEW KERN. NC 28592 0aean6arlS.2021.119Ikn Noel. Pwt On. NEW BERN. NC 28582 D USp$ In Mtn, 1a.2g21,a:22pm paaXYKv1 Of,18m NEW KERN. NC 28662 USPS Tracking Plusot V Product Information ^ Paatal ProGUM: Fealm. Saa calk.tp M mated inn: tlepa.02nM1MN 3 r,.a O JnpcM.,` ACUSPSCOM ICFRa un. Lm�x�Ve SN Lea. n Can't find what you're looking for? Oo to our FAOs seebon la firtl ens.ve•s to y-uoar kn� nnaal OYa/Wfl..pptl Ala.. YIO 1lOalaeVaWOI M ,Mamha auanev Luuomar GaeweY PWe[Y>a-'Y Remove X RECEIVED FEB 01 2 DCM—Mfa7 riY,, MUSPSCOM` ®Ero..n Or.. -agg-t :1'Inen,ee ow.en sen.a:gan r, Seed fbadp sh-P vWIggga t*W .Monk sal Q USPS Tracking" Track Mother Package + Tn=king FAQ > Get the free informetl Delveyl fear reto recow, automated roMicasora cn your oackagp Tracking Number: 9590940271641251632013 Remove x S[etw Your package Is on Its way to a USPS facility. Sign up to Return Receipt Associated gat updates, and we'll send you a delivery date and thne oecemnn 16. 2021 a: 4:22 cm when available. sat UpdaNa v USPS Racking Page- AwINble V Pre-Sbprnal Taxi A Emag Updat" V Tracking Histery n Dea erEr 15. 2021. 442 pm Ratan Receipt Assocated The U.S. Postal Serv'ce nag recelver electronic n0afnabon on December 16.2021 at 422 pm inat you haw apoce:ao a retum riceat to your Item. USPS Tracking plus" V Product Information settle prcJuot Faabvea: Sae barking fer raa0ad tm: T021Ii2ggg01g MM1T First -Class Package Service-RetMl Return Receipt USPS Tracklg' Can't find what you're looking for? Go to our FAUs section to find answers to your tracking questions. AZUSPSCOM MallaL Wf! Oa aIOYTUVe.COM Onall Wags ItlILMeIWeeM Caran U. ILan USPS Nona Bala, Cilgo—Gat, P� aR.ly Sae lrga N..— Paie also— TamarlB. RECEIVED FAca 11 Srs.-u OPE.In ante--u—.I FOA FpWpxk In,,a Puerca0om PoetY E.Pbmr NO FEGn. EEOBY G--a Spnoeo NarNul Poet.' ag— r—an 6uwi¢.,ruO v.bpv, FFR 0 S 2�' 172 Cara.earxu uBPs..w Na+a nrrwa. DCM—MHD CITY Q F o L.. 0 . auspS.COM �M e«w ft." amp Mare.. USPS Tracking"_"k" Mae 7 Track Another Package+ ,,nFaeee inlwmM Delrvery'1oacka statue tometed ePlmuumz on rOJr wckexa Tracking Number. 70212720000321818000 Aemove z statue The saki status of your nem ryas rot Veen upchi 1a of Awaking Delivery Scan December 18. 2021. 2:08 am. We apologize that It matDe c,lhx r 1 P. 202- at 2,08 arr. arMe Hater than axfwctea. Get UPdetee v USPe Treepng PYEs' AwatlM v Man Tm 6 Eman Upo stw V Tracking History Decamp. ta, 2021.2:08m AssH—De : , Bcen T,d f:P'rYd[Ja01YWIf i1N1 aY I101EM11 Updelea Yp1 DlflTpM1g 2021.2!�tlll. Wa pPpipg S!illd[p M8}plMp!aHrt11m aLF.YIM. Decameter 17, MI, Meet Out lo•Daw.y NEW BEAN. NG 28582 LWenEs 17, 2021, 7M en Ai at Pon M. NEW BENN. NC 28562 D,FamwDe1.BIEer 14 2g21, p;la Pm Pastgl NEW BE N, N NEW BEAG 2858562 GpmM 10. 2021, :Zl pn ASPS inwaaea.P^ of nem NEW BEAN. NC 2a582 LISPS TrecMng Pkii v Product lMorme im UP, PeaA P104—H IeeaeN: 6aetnck,f11relptetl¢em 05pOp40271641251W2020 r ,,..f ... 1 ' Gembed Men` See Leas n Can't find what you're looking for? Go to our FAUs seci¢+ ausps.COM HELPFUL UNKS peeCYNuseate elllll�etRO ELaN. elrgyplp .Bass. .Gi ceii PH.. ai. RECEIVED FEB 0I 2L22 DCM-MHD CITY aUSPS.COM all a . , am sawl aw a.e. Y Help 4 USPS Tracking' Traelbeg FAO. ) Track Mother Package + I cec the rme Inronned DelrverYe reetumm encase automated uotf shone on your P.ak.ge. Tracking Number: 9590940271641251532020 Remove x statute Return Receipt Associated Your package is on its way to a USPS facility. Sign up to get updates. and we'll send you a delivery data and time Dacemaer 10. 2021 at 4:22 pm when available. Gat Updates v USPS Traeking Plus— Awllabla v W.-Shipment That & Email Updates Tracking History ^ Deceles 1e.2021.422 pm Remm Recalat keacc atM The U.S. Pa.tal So,. has moved eNcnarsc npeliu0on an Decemeer 16.21W at 4:22 pm disc you ha+e aseoc.a:ed a return uc ept:o your rcem. USPS Tracking Plu." Product Information Paul Prei Feot.r..: Se* tracking for related item-. M212720000321e16000 first -Claws Package Serve- Retail Ret,m Receipt USPSTraclana' See Lau ^ Can't find what you're looking for? Go to our Me section to find answers to your tracking questions. r�EL1 t�L1�i1I1 �a..a C ttmN aaaeouuenma M, IUSPSH— ana..0aee a.... cueomw lGo', taeakaaaaYallYrt Pnuvry Poliry RECEIVED Sro IM4 ryatycpni Po,IY Mppnwe Tv�ma11M IAOe USPS Sa rriCp UpaY.a Inap¢ta Gaw'Y F(MA Fead.1a Fome a P..t.m Fbny No HaSM EEO We FEB O 1 2C�2 rkwmukmakkeau ca.ee DCM-MHD CITY dPm*Pa s zr¢z uses. na waFa R.eV.e. 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