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HomeMy WebLinkAbout69-17 No, Yon & Yong_......................... - Permit Class Permit Number NEW 69-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit 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 Yon and Yong No, 5144 Pinehall Wynd, Raleigh, NC 27604 Authorizing development in Carteret County at within Bogue Sound at 107 Shore Dr. in Atlantic Beach as requested in the permittee's application dated 3/14(17 including attached workplan drawings (2) Existing Conditions Survey dated 12/22/16 and Proposed Excavation dated 2/17/17. This permit, issued on June 1, 2017 is subject to compliance -with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation I 1_ [ _ _ _ C__-_ r.«1 ..« _4_11 n_{:-H. ' ' mOv nOneP fh9 np1 ;} fn hp null and void_ Il ullaM 141111J 1114, ✓v .w VJ u — a. -, u '.. Excavation 1) Excavation shall not exceed -7 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) The temporary placement or double handling of excavated materials within waters or vegetated wetlands is not authorized. (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, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the aumonty or me JCGIC MY ul Chairman of the Coastal Resources Commission. l-/ ,112t BraxtdA C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Yong No ADDITIONAL CONDITIONS Permit No. 69-17 Page 2 of 3 The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: ;A: The number of the original permit. G B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Spoil Disposal 'All excavated materials shall be confined above normal high water and landward of regularly or "irregularly flooded marsh behind adequate dikes or'other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The diked disposal area shall be constructed a sufficient distance from the normal high water or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. General )n order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2017-00873). Yong No ADDITIONAL CONDITIONS Permit No. 69-17 Page 3 of 3 The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4097 and assigned the project DWR Project No. 2017-0362. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. An application processing fee of $250 was received by DCM for this project. ' v -- DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant:__ v �� ( J. , r ul Type: (check all that apply) , New YI—Major Mod_ Permit'#� Minor Mod_ Renewal_•, Transfer Permit Coordinator: Field Representative' 0 Date Time Message �NItG7, �nC .�. �roCe•�S:�G . toolL A o*se55 w/- . �!W P c,r E+p aT7 Au?P� ('all ie S�kA,C [o�^tzc�vnC'14orajoriow �tawiwe.daTa+�'. (�/4S ('Orayrin�i�� w/ fCwlov���� y�u�a ivai awl, . 0 . CAMA Major Permit Application -Project Narrative Yon and Yong No -Property Owners 107 Shore Dr. Atlantic Beach, NC 28512 Bogue Banks Marine Construction, Inc. -Applicant Purpose: Bogue Banks Marine Construction, Inc. is requesting authorization to dredge a 20' x 50' x4'area ( 148 cubic yards ) adjacent to homeowners existing dock to aid in docking and using their 50' boat currently in a rented wet slip off site. Existing Conditions: There is currently a house under construction as well as a 122' retaining wall, a 6' x 115' fixed dock, 14' x 3' aluminum gangway, a 6' x 50' floating dock and a 15' x 15' boat lift. Method: We intend to use a barge and excavator to remove material, which will then be placed on barge for transport to the pre -approved Eric Pake site on Morgan Rd. .� q 7A I a50 RECEIVED MAR 0 8 2017 DCM- MHD CITY APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Yon No Applicant 2: First Name MI Lost Name Yong No Nadditional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 5144 Pinshall Wynd Raleigh NC ZIP Country Phone No. FAX No. 27604 USA 919-609-5109 ext. Street Address (if different from above) Cily State ZIP Same as above Email yybmno@aol.com 2. AgentlContractor Information Business Name Bogue Banks Marine Construction, Inc. Agent/ Contractor 1: First Name MI Last Name Kimberly O'Hara Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box State 111 Turner's Dairy Rd Suite D rmitoyrehead City NC ZIP Phone No.1 ----[Phone No. 2 28557 252-725-3221 ext. 252-247-4428 ext. FAX No. Contractor # 252 247 4427 Street Address (of ddlerent from above) City State ZIP Same as above Email bbmc7l @hotmail.com RECEIVED <Form continues on back> MAR 0 8 2017 DCM- MHD CITY 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. 0 Carteret 107 Shore Dr Subdivision Name City State zip Atlantic Beach NC 28512- Phone No. Lot No.(s) (Nmany, attach additional page with ftQ 919 - 609 - 5109 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Bogue Sound 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 Bogue Sound/ Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Atlantic Beach 4. Site Description a. Total length of shoreline on the tract (it.) b. Size of entire tract (sq.il) 70' 9750 SF c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or 9750 SF, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5' ®NHW or ❑NWL e. Vegetation on tract indigenous plants and shrubs f. Manmade features and uses now on tract 52' tongue and groove retaining wall, 6' x 11 5'fixed pier, 3' x 14' aluminum gangway, 6' x 50' Floating dock and 16K aluminum boat lift. g. Identify and describe the existing land uses adiaoent to the proposed project site. Single Family Home h. How does local government zone the tract? t. Ia the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? []Yes ®No k. Has a 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? f1CtrCl V CU <Form continues on next page> MAR 0 8 2017 nr A MHI) r1l)( 252-808.2808 :: 1.888.4RCOAST :: www.nccoastaimanagernent.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the she? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes %No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. existing septic system o. Describe existing drinking water supply source. Town of Atlantic Beach p. Describe existing storm water management or treatment systems. Existing Sheet flow 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Ptivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Dredge a 20' x 50' x 4' area( approx 148 cubic yards ) adjacent to existing floating dock to allow home owner to park and use his 50' boat. 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. Bucket to barge. Equipment stored on site until completion d. List all development activities you propose. Excavation e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No DNA that the public has established use of? PTA h. Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No DNA 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 U146 If yes, attach a mitigation proposal. RECEIVED <Folm continues on back> MAR 0 8 2017 DCM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (e) — (0 are always applicable to any major development application. Please consult the application inshuchon booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please gNe me present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to are site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims fitle 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 codified mall. 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 Town of Atlantic Beach/ David Waker Phone No. 252-726-4456 Address 425 West Fort Macon Rd Atlantic Beach, NC 26512 Name Thomas K Trevathan _ Phone No. Address 1102 Kingsbrook Rd Greenville, NC 27858 Name Photo 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. GP 67854C 9125116 h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property ownar) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), it necessary. If the project involves expendhure of public funds or use of public lands, allach a statement docunetding compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to 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 1 truthful to the be$t of my krtovAedg Date �1 Jy'— ii-7 Print Name " t bP�' C Tkii7 �'r'�L Signature 6 Please indicate application attachments pertaining to your proposed project. lee V �® ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Cuivert>f ❑DCM MP-3 Upland Development MAR 14 ZM7 ❑DCM MP-4 Structures Information pC�_ MHp CITY 252-808.2808 ;: 1.888.411ICOAST .. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock tiroln Rock Breakwater (excluding shoreline NWL) stabilization Length 501 Width 20. Avg. Existing Depth g NA NA Final Project Depth T NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or cubic yards. 148 c. (i) Does the area to be excavated include coastal wetlands/marsh d. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ill Describe the purpose of the excavation in these areas: To aid in docking property owners new 5a boat 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Pre -approved Eric Pake site on Morgan Rd c. (i) Do you claim title to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. a. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of disposal in these areas: WA ❑This section not applicable Type of material to be excavated. Sandy silty substrait High -ground excavation In cubic yards. N/A area. 275' x 125 ❑This section not applicable d. (i) Will a disposal area be available for future maintenance? ❑YeS ONO ❑NA (ii) If yes, where? N/A f. (i) Does the disposal include any area in the water? ❑Yes ONO ❑NA (ii) If yes, how much water area is affected? RECEIVED MAR 0 8 2017 DCM- MHD CITY 3. SHORELINE STABILIZATION 0This section not applicable (ff development is a wood groin, use AOP-4 — Structures) a. Type of shoreline stabilization: b. Length: LJCu MIC UMprap ❑BreakwatedSM ODther:,_ Width: _ c Average distance waterward of NHW or NW L: d. Maximum distance waterward of NNW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead bacikfill Riprap Breakwater/Sill____ Other__,__ i. Source of fill material. 4. Q (Excluding Shoreline Stabilization) ff yes, (A) Amount of material to be Placed in the water (iri) Dimensions of fill area _ (iv) Purpose of fill S. GENERAL a. How will excan EnosiOn control pion in place with land quality -mining section f. (i) Has there been shoreline erosion during Preceding 12 months? OYes ONo ONA Q) if yes, state amount of erosion and source of erosion amount information. h. Type of fill material. &This section not applicable (p Will fill material be placed in Coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shag bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. DOW — EISAV __. OSB OWL ONone (ii) Describe the purpose of the fill in these areas: OPA 1 badkhoe, or hydraulic dredge)? - a • _ _a Material moved from sge by barge. Excavator, bull dozer and dump truck c. (I) NO navipaaonal aids be required ae a result of the project? d- (1) Will wetlands be crossed in transporting a ui ment to Project Oyes ®No ONA site? Oyes ONO ONA q P P tit (ii) If yes, explain what type and how they will be implemented (ii) If yes, explain steps that vAll be taken to avoid or atimmize environmental impacts. Date :f]7ApplicantwmeT Project Nama ITY DIVISION .OF COASTAL MANAGEIiMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Yon and Yong No, 107 Shore Drive, Atlantic Beach 2. LOCATION OF PROJECT SITE: Within Bogue Sound, Atlantic Beach, Carteret County Photo Index - 2006: 40-8086 grids: J&K (5) State Plane Coordinates - Longitude: 76'44'09.10 Latitude: 34042'15.16 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/20/17 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received- 3/8/2017 Application complete-3/8/2017 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Atlantic Beach dated 7/24/2008 Land Classification from LUP — Vacant /Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — onsite septic systems Planned — None (F) Type of Structures: Existing — 2-slip dock, bulkhead Planned — new excavation (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom (new 2,000 ftz N/A N/A excavation) (D) Total Area Disturbed: 2,000 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA, HQW 8. PROJECT SUMMARY: Open: Yes (within Bogue Sound) No (within marina basin) The proposed project consists of new excavation along the north east side of the existing 2-slip docking facility. 9. Narrative Description The Yon and Yong No project is located at 107 Shore Drive and along the south side of Yen an&Yong No Field Investigation Report: 107 Shore Drive Page 02 Bogue Sound, Atlantic Beach, Carteret County. The project area is found by turning off of Highway 70 East in Morehead City (Arendell Street) onto the on -ramp for Atlantic Beach. Follow the Atlantic Beach Causeway to the 4-way stop light and turn left onto East Fort Macon Road. Follow East Fort Macon Road for approximately 750' and turn left on Center Drive. Follow Center Drive to the stop sign and the property is located directly across. The proposed development is a private project. There are residential properties to the east and west of the project area. The Town of Atlantic Beach's Land Use Plan classifies this project area as vacant with all parts of the AEC classified Conservation. Bogue Sound is not designated as Primary Nursery Area and is closed to the taking of shellfish. Bogue Sound carries a water classification of SA/HQW with water depths ranging from -2.7 nlw to -7.6 nlw depending on location (within project area) and connecting water depths of -7.6' nlw plus. No shellfish or SAV were observed within the project area. Substrate along this area of Bogue Sound is mostly sand and silt. 10. Project Description: The current proposal is to conduct new excavation along the east side of the existing 2-slip docking facility. The applicants are proposing to dredge a 20' x 50' (2,000sf) area to a final depth of -7' nlw in order to accommodate their 50' boat. The connecting water depths are._ 7.4' to -7.6' nlw depending on location. The -excavation would be conducted with a - bucket to barge method. A total of 148 cubic yards of material would be removed below nhw. The spoils would be taken offsite to an existing disposal site located at the Eric Pake Morgan St. site (across from 181 Morgan St.). This disposal site has been inspected by DCM, are outside of any wetland areas and appear to be functioning to retain the dredge spoils. 11. Anticipated Impacts: The maintenance excavation within Bogue Sound would temporarily disturb 2,000 ft2 of shallow sand and silt bottom habitat and remove 148 cubic yards of material from the system. The increases in suspended sediment and turbidity levels from the dredging will be temporary, occur while the dredging operation is taking place and should be minimal given the bottom composition. Maintenance excavation would likely occur as needed to maintain the operation of this area. Name: Heather Styron Date: 3/22/17 Morehead City Application Review Checklist Applicant \Lie, f Oar /y(7 Entered into Spreadsheet? Y Agent K�1ra�eriU 0'Ne c Field Rep. W"'a � S Physical Address la7 SIB, Or-- 3eqG(n AECs Habitat aos-4 Development Eti ?T% _A Designations S4 tk2VJ �Qtd'tx�t� Buffer I cja ,r R;Qnne, td+va ✓ Water Green Cards? Tr-e yt;+� n ✓ Deed? Dependent PH or Raparian rights? � A 1/4 width? .1(14 Navigation/ Channel Proximity FTZ calculations 44 76>1-F X)FA 2 ; 5-60�f i CkCQ�a�rr�r^ 7� Di i Sr 1-C Zt oov;42- & I kSO'er,- 71 I6 n1/ to J�^s� reed St. 1Hg Cl( eaaeCT�i�� ✓ Development Type w/ Rule Reference on Back Development Type w/ Rule Reference Permit Checklist Major Development Excavation/Fill Applicant Address County //11 I_ - T (�_Q rT� NV Location including dy Description Permit # KX -1-7 PPMPS � MP3 MP4 ;��1 3�1 M/�Ir7 ?� i•G- MP Forms MP Forms A Dra ings LL l'LR �?,,Ab 147/17 Dates of Drawings Development Types Including Conditions and Notes C-t�CAvq�o✓� DWR 401 Certification # Permit Fee � v7oe��la_ Pdlke 1_ •�i, ( 5• C�S 5+� C x��5 U� ` ol�l •LOn —o%?— USACE SAW # ZS� DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Yon & Yong No County: Carteret LOCATION OF PROJECT: within Bogue Sound, at 107 Shore Dr., Atlantic Beach. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3/8/17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATER/11/17 ADJ. RIP. PROP NOTICES REC'D: No DEED REC'D: Yes APPLICATION ASSIGNED TO: Gregg Bodnar ON: 3/27/17 C) 75 DAY DEADLINE: 5/22/17 150 - DAY DEADLINE: I MAIL OUT DATE: 3/27/17 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative L Coastal Management- LOP Consistency Determination 1A M 1 is Division ofCommuaity Assistance 31 ( DEMLR-Land Quality Section Division of Water Resouroes401 VA-7 k Zo .Odd K09 1 DEMLR-Storm Water Management + �C State Property Office 31 11 1 x Division of Archives & History (Cultural Resources) 41 ( (7 DMF-Shellfish Sanitation 1 DWR-Public Water Supply Division of Highways Wildlife Resources Commission `1 7 I 'C Local Pennit Office �y ( K DCM-Fisheries Resource Specialist H N , r 6'Iora nay Corps of Engineers 1 ` s/31 Z01"1— 0013-1 j ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major !Permit Application Computer Sheet ff f/01i2012) Applicant: Yon and Yong No Date: 3120117 Project Site County Carteret Staff., HMS District: [-]Elizabeth City ®Morehead City ❑Washington ❑WIImington Project Name: The No's new excavation Rover File: N/A Date of initial application submittal (EX_ 1/8/2007); 318117 Date application "received as complete" in the Field office (EX., 11812007): 318117 Permit Authorization: ❑CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: [-]Yes ®No Photos Taken: Yes ❑ No❑ Setback Required (riparian): ❑Yes ®No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑ Not Sure Temporary Impacts: ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP., ❑Yes ®No Mitigation Required (optional): []Yes ®No Moratorium Conditions: ®Yes [-]No ❑NA Environmental Assessment Done: ❑Yes ®No❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ ,(SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemifiore) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ® III(A) Private w/D&F up to 1 acre; 3490 ❑ 111(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 - ❑ 11. Public or commercial/no dredge $100 and/or rill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs D WQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Yon and Yong No Date: 3120117 Describe below the ACTIWT-IE3thathave been applied for. All values -should match the dimension___ord_er,,and-units of — — -- measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Boat basin I New Work ® Replace 50' 20 -7' (slip area) Maint ❑ ❑ Y ®N 1 slip New Work® Replace Maint ❑ ❑ Y ® N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work [I Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y [IN New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N revised 02115110 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3). e Applicant Yon and Yong No Date:312011-7. Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge ® Fill ❑ Both ❑ Other ❑ 1000 1000 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ' Dredge ❑ Fill ❑ Both ❑ Other ❑ - ' - Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-0RCOAST :: www.nccoastaimananement.net revised: 02/15/10 form DCM MP-2 (Excavation and Fill, Page 2 of 2) 9. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) I. Type of shoreline stabilization: b. Length: uauiKneea URIPrap UBreakwater/Sill DOther: — Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance warerward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfili _ Riprap _ Breakwater/Sill _ Other _ i. Source of fill material. 4. (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the s0 If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area _ (Iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on she and erosion controlled? Erroston control plan In place with land quality -mining section c. (1) Will nav' tonal aids be required as a result of the project? Ayes ENO DNA (li) If yes, explain what type and how they will be implemented. Date Project Name f. (I) Has there been shoreline erosion during preceding 12 months? Dyes DNo DNA (ii) If yes, Mate amount of erosion and source of erosion amount h. Type of fill ®This section not applicable Iaterarl be Placed in Coastal wetlands/marsh (M), led aquatic vegetation (SAV), shell bottom (SB), or Itlands (WL)? If any boxes are checked, Provide the of square feet affected. OSAV _ DSB DNOne I the Purpose of the fill in these areas b. What type of construction equipment will be used (e.g., dragli backhoe, or hydraulic dredge)? Material moved from site by barge. Excavator, bull dozer and dump truck d. (I) Will wetlands be crossed In transporting equipment to project site? Dyes ONO ONA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name Applicant Signature RECEIVED MAR 0 8 2017 DCM- MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addition/ Infolhnadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Town of Atlantic Beach/ David Walker Phone No. 252-7254456 Address 125 West Fort Macon Rd Atlantic Beach, NC 28512 Name Thomas K Trevathan Phone No. Address 1102 Kingsbrook Rd Greenville, NC 27858 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. GP 67854C 9/25/16 h. Signed consultant or agent authorization forth, if applicable. 1. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and fallow -up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts E C E I V E D ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information MAR 0 S 2017 DCM- MHD CITY 252-808-2808 :: 1-868-4RCOAST :: www.nccoastaimanagement.net �I UI c Q� Open Water 9 Dolphin 41+-7.7 6.7+ S, -9.2+ -10.1+-9.7+ I -9.7+ -9.7+ -5.4 I East F 40 Dolphin or -5.6 -6.6+ +-71 I 0 Macon R a' Dolphin 4-Z6 -7r+ -9.2+ +-6.5 •+-3.9 -9.2+Vicinity Map -Not t0 Scale 4-36 I -J144-J.O -42 _'I Do/phin I -2'J +-4.5 -6.9+ ��Woter Depth at Normal Low Water -3.0+ -1.8 I +-2.5 rt1 I _ -4.4+� -2.4+ �Oolphinl I +-1.5 Dolphin -1.3 I I -J.6+ -4.2 5.2+ .h -1.8+ C 2.4+ +-1.1 I I -3.2+ _3.7 I -2.3+ _ -1. 1+ -1.4 -2.6-0 -I.1+ +-1.1 -22+ +-1.i1 N -1.5+ A6 A6 Coastal M �d Red 0 ,W 0 2 N O N 0 2 Existing Iron Pipe 0.5' BG pq S120. e v U'.7, 75 _j (40, 'A" N: 354,936.006' E.• 2, 680, 464.105' I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIP77ON RECORDED IN BOOK 1554, PAGE 43 OR OTHER REFERENCE SOURCE M.B. 2, Pg. 196). THAT THE BOUNDARIES NOT SURVEY£D�NDICATED AS DRAWN FROM INFORMATION IN SURD PAG£-G OR OTHER REFERENCE SOURCE THAT THE RAT70 OF PRECISION OR POSITIONAL ACCURACY IS 1:10,000+: AND THAT THIS MAP MEETS THE REOUIREMEKS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 NCAC 56. 1600). THIS 22nd DAY OF December, 201y,yfi,pp„7Q /1 Waterward Edge of Marsh Normal High Water Line R� O ro a� 4 J A a� i ro w V A". Existing iron Pipe 0.4' BG LEGEND BG-Below Ground +-Nonmonumented Point A6-Coastal Wetlands RECEIVE D MAR 0 8 2017 DCM- MHD Notes: 1)AII distances are horizontal field measurements. 2)Grid North and Grid Coordinates established utilizing dual frequency RTK GPS unit. 3)Combined Factor., 0.99992438 40 0 40 80 120 GRAPHIC SCALE - FEET 122116 Existing Conditions Survey for: ]Yon & Young Ch a No Lot 1, Block 15, Sound View Isles Town of Atlantic Beach 1eewe.w Morehead Twsp, Carteret County, N.C. Bell & Phillips Surveying, PLLC 604E CEDAR POINT BLVD. CEDAR POINT, N.C. 28584 TELE.: (252)-393-6101, LIC. No.: P-0391 EMAIL: alanbell®eastnc.twcbc.com ITY W 4 H Sheet 2 al la`o 0 IV cI 0 QI Open Water 1.9 0 1 + Dolphin -7.7 6.7+ -10. 1+ -9.7+ I-9.2+ Dolphin 4( -5.6 -6.6+ +-71 �P6n -4.9�+ 0, Z +-6.50+-J.9 -30 4-3.6 -31 04. _ Area to be Dolphin -2.J tt) Excavated -3.0+ -1.8 +-2.5 1 -2. +-1.5 I DolphinI o O -1.J -2.4 ` CL c/I Side View 3 30 -/.4 I +-1.1 b O +-1.1 UI +-1.0 2 2 0.2 Wat rward Ede of Marsh Z D.D I/o�*— I L / A6 Coastal h � Red 0 IQ h N ofz Existing Existing Iron Pipe 0.5' BG 0 Sho ` ' w �5—►. r�=r (40, R= J 'A N: 354,936.006' E.• 2,680,464.105' I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN BOOK 1554, PAGE 4J OR OTHER REFERENCE SOURCE M.B. 2, Pg. 196). THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN FROM INFORMATION IN BOOK —, PAQE� OR OTHER REFERENCE SOURCE �— THAT THE R4710 OF PRECISION OR POSMOMZ-- CURA Y IS 1:10,000+; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 NCAC 56. 16Pn1 THIS 17th DAY OF FA 0 Vertical I" = 4' Retaining Wall b LEGEND O BG—Below Ground + —Nonmonumented P to r AL -Coastal Wetlands °I ECEIVEC o A a1 Notes: MAR 0 S 2017 In p 1)Al/ distances are horizontal ,N field measurements.,A 2)Grid North and GrAyE 6P;Aff l6tif9 �I Y D Ci 1 yL established utilizing dual frequency RTK GPS unit. 'A" Existing Iron Pipe 3)Combined Factor: 0.99992438 0.4' BG 40 0 40 80 120 GRAPHIC SCALE - FEET 02/O/O Proposed Excavation for: Yon & Young Ch a No -4o' Lot 1, Block 15, Sound View Isles 6tU54 Town of Atlantic Beach ,86✓iJSAILW Morehead Twsp, Carteret County, N.C. Bell & Phillips Surveying, PLLC 604E CEDAR POINT BLVD. CEDAR POINT, N.C. 28584 TELE.: (252)-393-6101, LIC. No.: P-0391 EMAIL: alanbell®eastnc.twcbc.com Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secrnttary TRACY DADS Dirlecror June 1, 2017 Mr. & Mrs. Yon No 5144 Pinehall Wynd Raleigh, NC 27604 Subject: EXEMPTION Stormwater Project No. SW8170326 No Excavation Project Carteret County Dear Mr. & Mrs. No: On March 29, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on March 31, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved Hy the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is all subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at'I (910) 796-7215, or via e-mail at georgettescott@ncdenr.gov. I Sincerely,. FoTracy Da s, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: 111StormwaterlPermits & Projects12017 \170326 Exemption12017 06 permit 170326 cc: Bogue Banks Marine Construction, Inc. Town of Atlantic Beach Building Inspections RECEIVED' DCM Morehead City Wilmington Regional Office Stormwater File JUN 13 2017 DCM- MHD CITY State or North Cm'olina I Environmental Quality IErcryy'. Mineral anA LanA Resoinres 512 N. Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612 919 707 9200 Pa' Coastal Management' ENVIRONMENTAL QUALITY June 5, 2017 Yon & Yong No 5144 Pinehall Wynd Raleigh, N.C. 27604 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, YoudAglas V. Huge Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management .Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252:8082808 DCMCoordinator: Permit#: MAH.ING DISTRIBUTION SHEET- - ._ . Permitee: Yox k DCM Fie►d Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: 6e, (' d' (with revised work plan drawings) /// /�rntri sLJe Z-) H.K 4dac/ Raleigh Band (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) LPO: Fax Distribution: Permittee #: Agent# A ! NORTH CAROLINA. CARTERET COUNTY This instrument and this certificate are duly Mod at the date and time and in the Book and Page shown on the first page hereof. Revemes 1.100.00 (For Fe mdwg Data) Parcel Identifier No.: 638513043942000 Brief Description for the Index: LI B15 Somtd View Isles FOR REGISTRA110N REGISfEN OF ULLUb Jerry T HdrdeSty Carteret County NC September 15, 2016 02 48 50 PM BWC DEED 2 P FEE $26 00 NC REVENUE STAMP $1 100 00 FILE # 1554043 Prepared by: Steven I. Reinhard. Ellis & Winters LLP, Post Office Box 33550. Raleigh, NC 27636 ((NO TITLE OPINION IS GIVEN OR IMPLIED BY REASON OF OUR PREPARATION OF THIS DEED.) JAfter recording, return to: PJGW M NORTH CAROLINA GENERAL WARRANTY DEED This Deed is made and delivered as of this the'ib day of September, 2016, by and between GLENNON-MCRAE, LLC, a North Carolina limited liability company ("Grantor"), with an address of 631-B Dickinson Avenue. Greenville, North Carolina 27834: and YON NO and spouse, YOUNG CHA NO. (collectively, "Grantee"), with a nailing address of 5144 Pinehall Wynd. Raleigh. North Carolina 27604-5824. For valuable consideration paid by the Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged, the Grantor has and by these presents does hereby grant, bargain, sell and convey unto die Grantee in fee simple absolute that certain lot or parcel of land, together with all buildings and other improvements thereon (collectively. the -Premises") particularly described as follows: BEING all of Lot Ntmiber Otte (1) in Block Number Fifteen (15) as shown and designated on the map of Sound View Isles. which map was made by George J. Brooks, Engineer, in July, 1952, and is duly recorded in the Office of the Register of Deeds of Carteret County in Map Book 2, Page 196. TO HAVE AND TO HOLD the Premises and all privileges and appurtenances thereto belonging to the Grantee in fee simple absolute. And the Grantor covenants with the Grantee that the Grantor is seized of the Premises in fee simple absolute, has the right to convey the same in fee simple absolute, that title is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the following exceptions to title: RECEIVED 1. 2016 and subsequent years ad valorem taxes not yet due or payable: MAR Q 8 2017 Did ro 107 ShOM Drava — M H D CITY BOOK ,L55LIPAGEaA.- `% w 2. encroachment agreement recorded in Book 1284, page 312, Carteret County Registry; 3. matters that are shown on plat recorded in Map Book 2, page 196, Carteret County Registry: and 4. all other easements, restrictions and matters of record. The property conveyed hereby does not Include the primary residence of the Grantor. The Premises was acquired by Grantor by deed recorded in Book 1005, page 388. Carteret Comity Registry. The designation of the Grantor and the Grantee as used in this Deed includes the parties expressly named herein, their heirs, successors, and assigns and shall include the singular, plural, masculine, feminine or neuter as required by context. IN WI"fNESS WHEREOF, the Grantor has executed dris Deed by its sole and duly authorized member and manager as of the day and year first above written. GLENNON-MCRAE.LLC a North Carolina limited liability company r By: Thorgat J. Glemion, member -manager STATE OF NORT C,Sr OLINA COUNTY OF j I certify that Thomas J. Gleimon. member -manager of Glennon-McRae. LLC, personally appeared before me this day, acknowledging to me that he signed the foregoing doctmrent. 7'1- Witness my hand and official stamp or seal, this the of September, 2016. My Couunission Expire��r 0 , 20 L[ ;' #e%Os RRESr ,-,o / ary Pub [notary seal Name: D CrCLs57 0I� 0TAR Notary Public M V i? pV ci r��Bf COIIN� A , RECEIVED MAR 0 8 2017 Dad w 107 Shore Drive agr 2 BOOK 651 PAGE Coastal Management ENVIRONMENTAL QUALITY May 18, 2017 Yon and Yong No 5144 Pinehall Wynd Raleigh, NC 27604 Dear Mr. and Mrs. No: ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS DIWmr FILE This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities to excavate the area adjacent to your docking facility at 107 Shore Dr., in Carteret 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 August 5, 2017 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 (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City Kimberly O'Hara (Bogue Banks Marine Construction Inc.) via email State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY March 27, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: ROY COOPER Governor MICHAEL.S,-REGAN�-_ - .SecreTory -._.. BRAXTON C. DAVIS Director Local Permit Officer Town of Atlantic Beach Gregg Bodnar Major Permits Processing Coordinator CAMA/DR:EOGE & FILL Permit Application Review Yon & Yong No Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposed Project: Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by ,April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. or reasons described in the attached comments. TE 2 WI71/ State of North Carolina. I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Ctty, NC 28557 252 808 2808 , a y. Coastal Management .amVIRONMENT'L a'ALITy' March 27,.2017 MEMORANDUM: TO: FROM: SUBJECT Applicant: Project Location: Proposed Project: ROY COOPER Governor MICHAEL S, REGAN Secretary BRAXTON C. DAVIS Director Lee Padrick Division of Community Assistance Gregg Bodnar Major Permits Processing Coordinator CAMALDRED.GE & FILL Permit Application Review Yon &:Yong No Carteret County, within,Bogue Sound at 107 Shore Drive, Atlantic,geach. Proposes new excavation along: the NE side of the existing 2-slipdocking facility. Please:indicate below your agency's position or:viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Peimiti officer at (252) 808=2808. Ext. 216. When appropriate, in-depth comments with supporting data is :,requested. REPLY,'; This agency has, no objection to the project as proposed. , r r This agency has;no comment on the proposed project. This agency approves of the project only if the ;recommended .changes are incorporated.: See attached. t This agency objects to the:project for reasons described in the attached comments. as DATE 3-3/ —/"7 SIGNED _r 4 �f > r , :State of NorthCaroUna l Envimmental QuaUty l Coastal Management rk ' Marehead'C[ty0fflce 14eoeommerceAvenue('Morehead Clty,NC 2a557 .. - v OC9 G110.90./10. Coastal Management .ENVIRONMENTAL QUALITY March 27, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED MAR 2 9 2017 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN - "Secretary BRAXTON C. DAVIS Director RECEIVED APR 0 5 2017 DCM- MHD CITY CAMA/DREDGE & FILL Permit Application Review Yon & Yong No Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency o ects to the project for reasons described in the attached comments. SIGNED DATE 3�� 7 State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 WP` Coastal Management .ENVIRONMENTAL QUALITY March 27, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: C E U V MAR 2 8 2017 Shellfish Sanitation E 9Ec•eational Water Quality Sec: On Shannon Jenkins Shellfish Sanitation Gregg Bodnar . Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Yon & Yong No ROY COOPER Governor MICHAEL S. REGAN — -- . secretary— ---- BRAXTON C. DAVIS Director RECEIVED APR 0 3 2017 DCM- MHD CITY Project Location: Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposed Project: Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED I/yV(/f/N� �'� fl DATE I3 I II7 fb?__ s�1 nron )ear,KtnS State of North Carohm I Environmental Quality I Coastal Management Morehead C8y Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2806 ROY COOPER Gnvemar _ MICHA,EL S. REGAN . Secnvary BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY Director MEMORANDUM: TO: GREGG BODNAR FROM: HEATHER STYRON THRU: ROY BROWNLOW March 21, 2017 SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- YON AND YONG NO, NEW DREDGING PROJECT, ATLANTIC BEACH, CARTERET COUNTY The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for the excavation (new) of a 20' wide x 50'. long x -7' deep area along the existing docking facility. The proposed excavation work is consistent with 15A NCAC 71-1.0208 and therefore the Morehead City District office recommends the excavation portion of the' project be authorized as proposed on plats dated received 3/8/17 contingent upon all applicable general conditions and the following standard conditions: • The maintenance excavation shall remain within the designated channel area as shown on plats dated 3/18/17 and shall not exceed a final depth of -7' nlw. • The spoils shall be located entirely on high ground, a minimum of 30' above nhw and shall not fill any wetlands. The spoil site shall be inspected and approved by DCM prior to spoil disposal. Note: spoils to be located at the preapproved Eric Pake Morgan Road site. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 ROY COOPER ,.,QOYernor M1GyAEL S.'REGAN-. a. Coastal Management EECGt1/E'ti setretcry--- _._ .6NWtONMENTA1, OlMLITY APR ®? 2U11 BRAXTON C. DAVIS arrecmr WARD I. March 27, 2017 MEMORANDUM: TO: Shane Staples Division of Coastal Management FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT; CAMA/DREDGE & FILL Permit Application Review i Applicants Yon & Yong No Project Location: Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposed Project: Proposes new excavation along the NE facility. g side of the existing 2-slipdocking Please indicate below your agency's position or viewpoint on the proposed project and return April 16, 2017, If you have any questions regarding the proposed project, please contact Heather Styron, this form by Permit officer at,(252) 808-2808: Ext.216. When appropriate, in-depth comments with supporting uested: g data is requested: .REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. 4This agency approves of the project only if the recommended t incorporated. See attached. changes g are This agency objects to the project for reasons described in the attached comments. SIGNED .DATE State of North Caroana I EnvlronmentaLQuaIItylCoastal Management Moroheadpty Office 1400 Commerce Avenue I Morehead City, NC 28557 2528082808 ROY COOPER M101491. S.ILEGAN r . e„y BRAXTON C. DAVIS satacaor MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Yon and Yong No DATE: 4/11/17 A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to dredge a 20'X 50' area adjacent to the existing dock to a depth of -7' NLW to accommodate a 50' vessel. The current water depths in the project area are -2.6' to -7.6' NLW. The project is located in Atlantic Beach in a area previously dredged adjacent to Bogue Sound. DCM fisheries has no objection to the project as proposed and does not believe it will have negative impacts to fisheries habitat in the area. However dredging causes increased turbidity which can have negative impacts on fish and crustaceans especially in the larval and juvenile life stages. To reduce the potential for negative impacts during times of highest biological activity when larval and juvenile fishes are at their highest abundance through the year an in -water work moratorium is recommended from April 1 — September 30. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State of NorthCaroWa I. EnWonmentalCiial8y I Coastal Maaltement Wash"tw Oaice 1948WashhVton SquamMa6 I Washtr4tton.NorthCarolina 27889 2S2.946:6481 -A Coastal Management ENVIRONMENTAL QUALITY March 27, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: .. _.. _: •r ._.. ..__ ..e_ _ Rachel Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Yon & Yong No ROY COOPER Governor -MICHAEL--S. REGAN- r _ . secretary BRAXTON C. DAVIS Director Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. 0 Misec Tbects to the project for reasons described in the attached comments. SIGNED DATE TI LO I = State of North Carolina 1 Environmental QuaBty I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28S57 252 808 2808 a, _ N Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District ment 9 Planner /fry f� Division of Coastal Manage SUBJECT: Major Permit request by Yon & Yong No DATE: April 6, 2017 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Consistency Determination: The request is consistent with/not in conflict with the 2008 Town of Atlantic Beach Core Land Use Plan certified by the CRC on July 24, 2008. Overview: The applicant is proposing to dredge to a 20' x 50' area to a final depth of -7 nwl to accommodate a 50' boat at 107 Shore Drive., Atlantic Beach Carteret County, North Carolina. Existing site improvements include a 2-slip docking facility, bulkhead and an onsite septic system. The project is located in Estuarine Waters (EW) and Public Trust Area (PTA) Areas of Environmental Concern (AEC). The waters of Bogue Sound at the site are classified as SA/HQW with water depths ranging from -2.7 to -7.6 nlw depending on the location within the project area. Bogue Sound is closed to the taking of shellfish and is not designated as a Primary Nursery Area. No shellfish or SAV were observed within the project area, substrate is mostly sand and silt. Anticipated impacts resulting from this project are expected to include: the disturbance of 2,000ft2 of shallow sand and silt bottom habitat and remove 148 cubic yards of material from the system. There will be an increase in suspended sediment and turbidity during dredging and construction. Maintenance excavation would likely occur as needed to maintain operation of the area. Basis for Determination: The project site is located in the Town of Atlantic Beach and is subject to the town's 2008 Land Use Plan. The Future Land Use Map (FLUM) designates the site as Residential Low Density and the subject AECs as "Conservation". Development within the designated AECs is limited'by CAMA regulations and development guidelines. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 608 2808 Land Use Policies: The following LUP policies may be applicable to this request. Policies - Conservation P.22 - The Town of Atlantic Beach supports 15A NCAC M for the protection of all AECs. State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 2528082808 March 27, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Governor 'MICHAEL S. REGAN,— -- ISecretory _ BRAXTON C. DAVIS Director 3318 Renee Gledhill -Early NC Department of Cultural Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & PILL Permit Application Review Yon & Yong No Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Ileather Styron, Permit officer at(252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. ,This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNL+'D (DATE `t'I1-3! [� State of North Carolina I Environmental Quality ICoastal Management Morehead City Office 1400 Commerce Avenue I Morehead City. NC 2MW ��� 257.8082808 Coastal Management ENVIRONMENTAL OVALITY March 27, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Dan Sams Division of Energy, Mineral & Land Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Yon & Yong No Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: ')� This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 2 \t�X..Jf DATE RECEIVED State of North CarolinaEnvironmemal QualhyCoastal Management APR 17 2017 Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY March 27, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: ROY COOPER Governor w MICHAEL S. REGAN _ - - Secretary. BRAXTON C. DAVIS Director MAR 19 2011 /' D!vlsion of WlRO, paba�Wa e� p� Heidi Cox Public Water Supply Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Yon & Yong No Project Location: Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposed Project: Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED L "'K DATE `31%17 RECEIVED APR 17 2017 Stare of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 2528082808 DCM— MHD CIT`r Coastal Management ENVIRONMENTAL QUALITY March 27, 2017 MEMORANDUM: TO: /FO SUBJECT: Applicant: Project Location: RECEIVED APR 18 2017 DCM- MHD CITY Georgette Scott Division of Energy, Mineral, & Land Resources Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director ECEIVE MAR 2 9 2017 BY:. _. CAMA/DREDGE & FILL Permit Application Review Yon & Yong No Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposed Project: Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: _L1_/ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ✓�- i DATE State of North Carolina I Environmemal Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 4 . a Coastal Management ';ENVIROMMENTNL OUALITY March 27, 2017 MEMORANDUM: TO FROM-: SUBJECT: Applicant: Project Location: ROY COOPER Governor MICHAEL S. REGAN "- BRAXTONrC. DAVIS Director e . t-I . 03.30 0l Maria Dunn NC Wildlife Resources Commission Gregg Bodnar Major Permits. Processing Coordinator CAMA/DR) DGE & FILL Permit:Application Review Yon & Yong No Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposed Project: Proposes new excavation along the NE side of the existing 2-slipdocking facility. Please indicate below your agency's position or viewpoint on the proposed.projectand.return this form by April 16,.2617. If you have any questions regarding'the proposed project,..please contact Heather Styron, Permit officer.at (252) 808-2808. Ext. 216. When appropriate; in-depth comments with.suppoLting;d'ata'is requested. REPLY: This agency has no objectionto the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the, recommended changes are incorporated. See'attached. This agency objects to the project for reasons described, in the attached comments. SIGNED DATE State of North Carolina I Environmental quality I Coastal Management Morehead City Office 1 400 Commerce Avenue 1 Morehead City, NCy28557. 2528082808 Bodnar, Gregg From: Mairs, Robb L Sent: Monday, May 01, 2017 12:56 PM To: Bodnar, Gregg Subject: RE: Yon and Yong No Gregg, I should have it out this week and ready for Jim's signature when he returns. We will authorize it # 20170362 under General Certification 4097. Thanks, RM From: Bodnar, Gregg Sent: Monday, May 01, 2017 11:32 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Yon and Yong No Hey Robb, Any word on this one? Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(cDncdenr.<�ov 400 Commerce Ave Morehead City, NC 28557 C... !% Nothing Compares,, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER �••i Governor MICHAEL S. REGAN Secretary Water Resources S. JAY ZIMMERMAN Environmental Quality Director May 1, 2017 DWR Project # 20170362 Carteret County Yon No a_�.�, 5144 Pinehall Wynd THIS "I 1 Raleigh, NC 27604 CDAMA E e, ,,. Subject Property: 107 Shore Drive -Atlantic Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. No: You have our approval, in accordance with the attached conditions and those listed below to perform excavation of a new boat basin within an existing private docking facility within Bogue Sound, as described in your CAMA application dated March 14, 2017, and received bythe Division of Water Resources (Division) on March 29, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4097 (GC 4097). This Certification allows you to use the General Permit No.198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: -�--� Nothtng Compares State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 910-796-7215 No- 107 Shore Drive -Carteret County DWR Permit n 20170033 May 1, 2017 Page 2 of 4 Amount Approved (Units) Plan Location or Reference Open Waters Approximately 0.046 acres (New Excavation) Sheets 1 through 2, project narrative Coastal wetlands N/A 404/401 wetlands N/A Buffers N/A 2. 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 Certification. 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. 3. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. S. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. All mechanized equipment operated near or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. No-107 Shore Drive -Carteret County DW R Permit # 20170033 May 1, 2017 Page 3 of 4 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources,1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: http://Portal.ncdenr.ore/web/wq/swp/ws/401/certsa ndperm its/applv/forms). Violations of any condition herein set forth may result In revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts orto conduct impacts to waters as depicted in your application and as authorized bythis Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and Its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Mondaythrough Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with. any applicable -OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: if sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 No-107 Shore Drive -Carteret County DWR Permit q 20170033 May 1, 2017 Page 4 of 4 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7427 or Robb.Mairst@ncdenr.gov. Sincerely, Jim gson, Regional sup e isor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC4097 ec: Liz Hair - USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file - LF Gregg Bodnar- DCM Morehead City -Electronic Copy WiRO r 4 Coastal Management ENVIRONMENTAL ouALRV March 27, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: ROY COOPER d�ECE►yEp Governor MAR 2 g 9acretary 2017 BRAXTON C. DAVIS Director Water Quality R eglorial fo mgnRocoeglo ce Robb Mairs Division of Water Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Yon & Yong No Carteret County, within Bogue Sound at 107 Shore Drive, Atlantic Beach. Proposed Project: Proposes new excavation along the NE side of the existing 2-slipdocldng facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by April 16, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: AZThis agency has no objection to the project as proposed: This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. _ ".This agency objects to the project for reasons described in the attached comments. SIGNED DATE CY Stateof North Carolina I Environmemal.QuaBty. I Coastal Management Morehead Gay office 1 400 Commerce Avenue I Morehead oty. NC 26W 2528082808 Q STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4097 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTALAREA MANAGEMENT ACT) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048, 198700056,197800080,197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3,12,13,14,18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4097 is issued in conformity with. the requirements of Section 401, Public Laws 92-500 and 95-217 of the United. States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: March 19, 2017 Signed this day March 6, 2017 for S, Jay Zimmerman, P.G. Director II GC4097 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Activities authorized by CAMA permits, except for: i) Activities authorized by CAMA General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500 and 2600; ii) Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iii) Shoreline protection measures (excluding living shorelines/marsh sills) that tie into existing bulkheads, land or other shoreline protection measures or do not extend waterward of the normal high water line or normal water level more than 30 feet provided that the activity will not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources as identified by the Division of Marine Fisheries and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iv) Living shorelines/marsh sills, including activities authorized by LAMA General Permit 2700, that do not extend waterward of the normal high water line or normal water level more than 30 feet, the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources, as identified by the Division of Marine Fisheries, and do not result in any fill landward of the toe of the sill alignment; v) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B'.0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever, is applicable); vi) Maintenance dredging of less than 0.5 acres of open water or non -vegetated wetlands provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vii) Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item v above; viii) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary, ix) Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For 'the purposes ofthis area calculation, the excavation or filling impacts of the entire project shall be Page 2 of 12 GC4097 considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and x) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; c) Any stream relocation or stream restoration; or d) Any impacts except shading to SAV or significant shellfish resources as identified by the Division of Marine Fisheries; or e) Any impacts Unique Wetlands (UWL); or f) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i) The activities are listed as "EXEMPT" from these rules; or ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included In this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Resources shall be notified if this is to occur. [15A NCAC 02B .0221] 2. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)] 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] Page 3 of 12 Ii GC4097 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. (15A NCAC O2H :0506(b)(4) and (c)(4)] 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. (15A NCAC 02H .0506(b)(4) and (c)(4)] 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)] 7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF) personnel. [15A NCAC 02B .0221) 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other projects that disturb one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); have permanent wetland, stream, or open water impacts; and are proposing new built -upon area shall comply with the following requirements: [15A NCAC 02H .0506(b)(5) and (c)(5)] a. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs do not satisfy this condition. Projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs do not satisfy this condition. c. Projects that require written authorization from DWR shall submit the following with their application for review and approval: Page 4 of 12 I GC4097 L For projects that have a stormwater management plan (SMP) reviewed under &state stormwater program' or a state -approved local government stormwater programz shall submit plans that show the location and approximate size of all proposed stormwater measures; ii. All other low density projects not covered above shall submit a completed low density supplement form with all required items; and M. All other high density projects not covered above shall submit a completed SMP, including all appropriate stormwater control measure (SCIA) supplemental forms and associated items, that complies with the high density development requirements of 15A NCAC 02H .1003. d. Projects that do not require written approval from DWR shall obtain approval of the SMP, when required, before any impacts authorized by this Certification occur. e. SMPs approved by DWR may be phased on a case -by -case basis. SMPs for each future phase must be approved before construction of that phase commences. Approved SMPs may not be modified without priorwritten authorization from DWR. II. GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .05021 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. 115A NCAC 02B .02001 3. In accordance with 15A NCAC 02H .0506(h), compensatory mitigation may be required for losses of greater than 150 linear feet of streams and/or greater than one (1) acre of wetlands. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of e.g. Coastal Counties, HQW, CRW, or state -Implemented Phase II NPDES e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 5 of 12 1 .-4 GC4097 development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 150 linear feet per stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200] Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOTSediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed In wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] Page 6of12 GC4O97 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. 115A NCAC 02B .02011 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NC5000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as Page 7 of 12 I -. GC4097 to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 209/0 of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports,. photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Page 8 of 12 GC4097 12. Bridge deck drains shall not discharge directly into the stream. Stormwater,shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. -Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .OS06(b)(5)l 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 02B .0200 and 15A NCAC 02B .0231] 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .0200) 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. 115A NCAC 02H .0506(b)(2) and (c)(2)] 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. 115A NCAC 02H .0506(b)(2)] Page 9 of 12 •k GC4097 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. 115A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is. published by the lead agency [15A NCAC 01C .0107(a)] 24.This General Certification does not relieve the applicant of the responsibility to obtain. all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)) Page 10 of 12 GC4097 26. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return a certificate of completion (available on the DWR website https://edocs.deg.nc.goy/Forms/Certificate-of-Completion). 115A NCAC 02H .0502(f)] 27. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality.and effluent standards. [15A NCAC 02H .0507(c)] 28. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502j III. GENERAL CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4.' This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. Page 11 of 12 GC4097 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result In revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream.waters are precluded. Public hearings may be held prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Resources. History Note: Water Quality Certification (WQC) Number 4097 issued March 6, 2017 replaces WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995. Page 12 of 12 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, May 31, 2017 5:01 PM To: Bodnar, Gregg Subject: RE: Just checking in Got all comments back on Yon and & Yong No. We will do standard GP 291 conditions and the Manatee Guidelines. Thanks, Liz --Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, May 26, 2017 7:58 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: Just checking in No I do not. I was planning on making contact to day to see if he's made any progress. Gregg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Thursday, May 25, 2017 4:39 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Just checking in Thanks. Do you have those plans yet? I was going to include them with my letter. Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, May 22, 2017 11:19 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: Just checking in Thanks. I'll send you the revised drawing for Robert Cook. Gregg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mill Sent: Monday, May 22, 2017 11:18 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: Just checking in Hey Gregg, No problem. Robert Cook/Cedar Point Water Sports: Is in the queue for the letter to be finalized for signature. Yon and Yong No: Waiting on comments from FWS and EPA. Have heard back from everyone else who would respond. Let me know if you need anything else. Have a great week, Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, May 22, 2017 9:36 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] Just checking in Hey Liz, Hope all is well and Monday is going as well as a Monday can. Just wanted to check in on these projects. Robert Cook/Cedar Point Water Sports pass along in case you need it for the GP56. Yon and Yong No comments. Any -word? Thanks for letting me be a pest, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality I am trying to get a revised drawing to ID which slips he's keeping. IT Had a call by the agent. I know you were trying to fast track 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Regulatory Division Action ID: SAW-2017-00873 May 9, 2017 Applicant: Yon and Yong No Waterway: Bogue Sound County: Carteret Work Type: proposed excavation of a portion of an existing basin within in waters of Bogue Sound Dr. Ken Riley National Marine Fisheries Service Habitat Conservation Service 100 Pivers Island Beaufort, North Carolina 28516 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Scott McAloon United States Coast Guard Sector NC Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debbie Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ladies and Gentlemen: Pursuant to the CAMA-Corps Programmatic Permit process, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before May 23, 2017. Questions or comments maybe addressed to the undersigned at (910) 251-4049. Sincerely, Liz Hair, Regulatory Project Manager Wilmington Regulatory Field Office ROY COOPER Y Coastal Management ENVIRONMENTAL QUALITY Gnnemor -' MICHAEL-S. 'REGAN__. ... Se.crelury BRAXTON DAVIS Direclor Yon and Yong No C/o Bogue Banks Marine Construction, Inc. 111Turner's Dairy Road Morehead City, NC 28557 Dear Mr./Mrs. No: 3/20/17 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at 107 Shore Drive in Atlantic Beach, Carteret County. The complete package was received on 3/8/17. The projected deadline for making a decision is 5/22/17. 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 3/8/17, 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. 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. Since ly, r� He'hrrStyron Coastal Management Representative State of North Carolina I Environmenual Quality I Comtal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 I CAMA PERMIT APPLIED FOR PROJECT: COMMENTS ACCEPTED THROUGH FOR MORE DETAILS CONTACT ROY COOPER Coastal Management ENVIRONMP.NTAL OUAGITY Legal Advertisement Section (l'w wr „,MICHAELS,REGAN BRAx'rON DAVIS Re: Public Notice — Yon and Yong No, 107 Shore Drive Atlantic Beach, Carteret County To Whom It May Concern: Please publish the attached Notice in the 3/22/17, issue of the Carteret News Times. 3/20/17 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, INC 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 meat our Morehead City office. Sincerely, f6eaEherxAwn Heather M. Styron Coastal Management Representative f. LA Director State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 `. 'r ' a 9 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality 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 3/8/17. According to the application, Yon and Yong No applied for a permit for new excavation 107 Shore Drive,,Atlantic Beach, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, 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 4/11/17, 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: 3/22/17 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date ,�-'-� I - % Name of Property Owner Applying for Permit: 6AJ /va Mailing Address: 51 LlY �)mte �6lt°,1k. rv'G a-7,&by I certify that I have authorized (agent),hf7a. L Are)lla Mr. V- qN Ct)r151. to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) (+y C(IL s 1 at (my property located at) 110 1 <:�hNe 'br . This certification is valid thru (date) O` ' `;) f - 19 Property Owner Signature Date RECEIVED MAR 0 S 2017 DCM- MHD CITY � 4� ' _. .. i �. ��� \_. .l � I hereby certify that I own property adjacent to Y FM N M ct N 1) 's --t (N a Property Owner) property located at � 0 1 S-VI �f �_� �- (Address, Lot, iqc Roa etc.) on—V^ \l�li.� e0 in �`I Cl (I , 4 ,N.C. V (Waterbody) (City/Town andlor County) The applicant has described to me, as shown below, the development proposed at the above I have no objection to this proposal_ I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must MI in description below or attach a site drawing) 5e,e 4-#z RECEIVED MAR 0 S Z017 WAIVER SECTION DC;vI- MHD CITY I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) Jdo wish to waive the 15' setback requirement. t/ I do not wish to waive the 15' setback requirement. (Property Owner Information) P?in r Ty � ¢ e FtlpY i>trUA& L✓NerOi Date 'Valid for one calendar year after signature' (Adjacent I -F Information) City/Sta'l�,, — 7 Telephone be /email address Date" 951 a (Revised Aug. 2014) 1 hereby certify that I own property adjacent to property located at I (Address, i_o` I ck, on �i9P�A� �151/Lv.a� in G'+1 i'ICe✓r \ N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Indfvlduat proposing development must flit in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse; lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you w o waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I coo not. wish to waive the 15' setback 'Propert w?zer Information) Date M i City/s Telepi Date �4 'Valid for one calendar year after signature" alc � � SU mail address ;G7 RECEIVED MAR 0 8 2017 DCM- MHD CITY (Revised Aug. 2014) ■ Complete Items 1, 2, and 3. A. S at ■ Print your name and address on the reverse ❑ Agent so that we can return the card to you. ❑ Addressee ■ Attach this card to the back of the mailpiece, • Received by (Printed Name) C. Date of Delivery or on the front If space permits. 1. Article Addressed to: D. Is delivery add from item 1? ❑ Yes R YES, ❑ No r 1p/ytgS A MarGtk � a� . FEB 2 7 pnf7 3. Se ice T 9 ❑ pdo' Mal Express® II I IIIIII IIII III I II I IIIII I II III I III I II IIII I III 0 C�eurtm • Adult Ian ail'® tied Da Mary �O R Nary M I Restr tied 9590 9402 2060 6132 6827 43 Oerti1W Resollpted DaMery alum Recelpt for ❑Collect on Delivery.-' Memhandiss 2. Article Number (Transfer from service Iabeh eryReiadoted ❑ Signature conff matlon* 7016 1370 0002 3232 3970 ❑ Signature Conermailon _ rover ESW) stdcted Delivery Restrcted Delivery PS Form :dtil 1, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt RECEIVED MAR 0 8 2017 DCM- MHD CITY Please use this card to schedule,a pre -construction conference immediately BEFORE you begin work on your permitted project. The pre -construction nee11hg will give you the opportunity to discuss permit conditions, construction techniques ktd any questions you may have with a Coastal Management representative This�li; sable you to proceed with your project as quickly and smoothly w_ as possible. When you are ready to begin construction, fill out his card and mail it to the Division of Coastal Management at the address on the reverse side of this card. Thank You. Permit Issued to: Contact Person: Iof v e Telephone Number: iL<; Dater' n 6- 2Q- 0 f ALEIC44 W- 275 I1Qo 3 .- r e P.i�s7 N.C. Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 ti Y SI Fpq FVFq RECEIVED JUN 21 Z017 PCM- MHD CITY ihd��hiPupupll....vi.�hn�rynq nihn..11inlnuni