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HomeMy WebLinkAbout8-16 Midgett, Jonathani Permit Class NEW Permit Number 8-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Jonathan L. Midgett,184 Bayview Drive, Stumpy Point, NC 27978 Authorizing development in Dare County at adjacent to Stumpy Point Bay, at 105 US Hwy. 64, in Stumpy Point, as requested in the permittee's application dated 9/28/15 (MP-1, MP-4), 11/12/15 (MP-2), dtd. received at DCM MHC 11/30/15, inc. attached workplan drawings (2) labeled `Proposed' and 'Existing Site Conditions' both dated 9/18/06. This permit, issued on January 25, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to fines, imprisonment or civil action; or may cause the permit to be null ana vom. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the re -development of the above referenced property, including the fish house, decks, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and work drawings. Any additional land disturbing activities or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (252) 264-3901. (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, 2019 In issuing this,permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. 901s, Director ivision of Coastal Management ... This permit and its conditions are hereby accepted. Signature of Permittee Jonathan L. Midgett Permit No. 8-16 Page 2 of 4 ADDITIONAL CONDITIONS 2) This permit does not authorize the creation of new impervious surface within 30 feet of the normal water level at the time of construction. Docking Facility 3) This permit authorizes only the reconstructed docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconstructed docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconstructed docking facility. Any sewage discharge at the reconstructed docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes five (5) formalized boat slips. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. Shoreline Stabilization 9) The authorized bulkhead shall be constructed immediately waterward of the existing deteriorated bulkhead, with the exception that in areas where riprap and debris exist, the permitted bulkhead alignment shall not extend more than 5 feet from the existing deteriorated bulkhead. 10) The alignment of the permitted bulkhead shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 11) The bulkhead shall be constructed prior to any backfilling activities. 12) The temporary placement or double handling of fill materials within water or vegetated wetlands is not authorized. - 13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. Jonathan L. Midgett Permit No. 8-16 Page 3 of 4 ADDITIONAL CONDITIONS 14) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 15) No excavation is permitted except for that which may be required for the construction of the bulkhead wall. 16) All backfill material shall be clean and free of any pollutants except in trace quantities. 17) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Sedimentation & Erosion Control 18) In order.to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 20) No open water areas shall be filled, even temporarily, outside of the area as indicated on the attached workplan drawings. 21) 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. 22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 23) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 (Action ID No. SAW-2016-00118), which was issued on 1/20/16. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 15-1232, which was issued on 12/22/15. Jonathan L. Midgett Permit No. 8116 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. III E6, Application Processing Notes Type: (check all that apply) . New Major Mod_ Permit#_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Date Time Message 12/I4//S Sl% OSt w/ Ska*tc fkVW— -�oaK ko-L-eslr�,oios i�vos 5tved Devi T-/Jk►ve . T Jovtaih6u, W, e* aUM vu/ Ou'lif ( coN o-F Kola . spy Poivtf sly Cowivwwvi i cal2d v eMwLl�j w� �t.ppli ca;nfi reg �dt►� Si�fu-� af�p yl3JIU Cmt LA t"Lllalo� (fi'An Y) 4. 44 q CCmwa4ms vollke. (4vv ACW MACe f" c,ice. Ben Mr-1 APPLICATION for Major Development Permit T (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) Applicant 1: FirstNN MI Last Na/me '(ln Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box State Arc ZIP a--r n �( y� ` 7 Country Phone No. ext. FAX No. Street10 dress (H dMerent troryr above) 5 IL11•W- �L/Yl(1L pity�a^t Stat ZIN 7 ?7S Email 2. Agent/Contractor Information Business Name Agent(Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No.1 - - - ext. Phone No. 2 - - ext. FAX No. Contractor# Street Address (If different from above) City State ZIP Email <Form continues on back> nlUV Jv LU IJ DCM- MHD CITY 252-808-2808 ,. 1-888,,IRCOAST ro;:v vv.racc®a a,tal a;aagermav�t,net Form DCM MP-1 (Page 2 of 4) R APPLICATION for Major Development Permit 3. Project Location County (can be multiple) 74te- Street Address JOf _ State Rd. # Subdivision Name City State Zip u - Phone No. Lot ,(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Name dy of w er nearest to proposed project �IZ'r) S GL(yt c. Is the water body klentified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. *9Natural []Manmade ❑Unknown T) lcA S nI 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. 4. Site Description a. Total length ofshoreline on the tract (ft.) b. Size of antiirre tract (sq.ft.) ofb0 •SO . 146c c. Size of individual lot(s) dL d. Approximate elevation of tract above NH normal high water) or NWL (normal water level) 3/ (if man; lot sizes, please attach additional page with a list) ❑NHW or PNWL e. Vegetation on tract -I P'col W-da 3rasses f. Man-made features and uses now on tract �►sh house, dock,bu„Ikh¢�c� j Coticr��e, 51��St�ic sys�ern g. Identify and describe the existing land uses ad acent to the proposed project site. comfW u"Ll fish h®us&MMk- h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? 0. C0t0.1 (Altay h zoning compliance certificate, if applicable) ;Vas []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ZN, 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 o ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED NOV 3 0 2015 252.80E-280a .. 3-888-nR GiaAST .. uv+.vw.rvcccaaska9reaaraa EYCN ? IVBH® CITY Y Fonn DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes o (li) Are there coastal wetlands on the site? - -' ❑Yes J JR<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. o. Describe existing drinking water supply source. Cl Waf" p. Describe existing storm water management or treatment systems. na & Activities and impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Governmenl Ct ('1LYl a r-60] ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Comroarcia.l -FSh house. 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. bmtXkoe.)-?& -h Pica l CmL5IYtxc-ft's+ n1e ocl> cLr,d est w�• d. List all development activities you propose. COn_1_. _ _l' {, 6� �• _ 11_ L _ -1 �,,,��„ r S�TUS�I WFRQS�IS�L1 �yw r�a;r zQ da1-S'Clemolish dil struGTtue� CdtS nett uxccicn tXlsii ida�ed r' 6W1&1n3,CV)Si6J hew •pier- 9. Are the proposed activities maintenance of an existing project, new work, or both? fryer f. What is the approximate total disturbed land area resulting from the proposed project? � � t® MSq.Ft or ❑Acres lJv❑Y„esY1PNo g. Will the proposed project encroach on any public easement, public aceessway or other area ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. 1'1cne. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes Jallo 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 ❑NA If yes, attach a mitigation proposal. <Form continues on back> 7— D UV 3 0 2015 DIM MHD C; Y 252-808-2808 .. 1-88' COAST .. ww•m,nc co as#a9mamagemen4,n•s# Form DCM MP-1 (Page 4 of 4) APPLICATON for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any ma/or 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, dearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, H applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). it 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 AcL 1 7. CertlBcadon and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify t th information provided in this application is truthful to the best of myy k{po edge. Date 7 Print Name UO110.�rbut Lbl.ke /- tr !f Please indicate application attachments pertaining to your proposed project. RECEIVED RECEIVED Russell, Kelly N FiF�E RTOC-� FtK From: trmidgett@charter.net Sent: Monday, June 29, 2015 1:47 PM To: Russell, Kelly Subject: stumpy point fish house, We purchased the property last year and would like to have a working fish house in our community. The building is to far gone to do repair work so we would like to tear down and start fresh. We plan to fix busted bulked head, rebuiled docks, and put up a new building. Once we have the building in working order we plan to buy seafood from the fisherman in the community and out of the area. We would be able to provide dockage and make fuel accesable to the boats. It would provide several jobs and help boost our local economy. Now all the fisherman have to haul there catch an half hour away each day and some have to haul fuel, ice, and bait back also. It would also provide fresh seafood for the public in our area. Thanks, Luke Midgett RECEIVED NOV 3 0 2015 DCM- MHD CITY 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 ail other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or stabilization NWL) Length Width Avg. Existing NA NA Depth -- — -- -- Final Project NA NA Depth 1. EXCAVATION Whis section a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated, cubic yards. d. High -ground excavation in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW _ []SAV ❑SB ❑WL _ []None (it) Describe the purpose of the excavation in these areas: 51his section not applicable 2. DISPOSAL OF EXCAVATED MATERIAL -- a Location of disposal area. b. Dimensions of disposal area. d. (i) WIII a disposal area be available for future maintenance? c. (I) Do you claim title to disposal area? ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (it) If yes, where? e. (1) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (it) Describe the purpose of disposal in these areas: f. (I) Does the disposal include any area in the water? []Yes []No ❑NA (it) If yes, how much water area is affected? NOV 3 0 2015 DCM- MHD CITY 252-808.2808 :: 1.888.4RCOAST :: www nccoastelmanaeement.net revised: 12/26106 Form ®CM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ,Bulkhead ❑Rlprap ❑Breakwater/Sill ❑Other. c. Average distance waterward of NHW or NWL: e. Type of stabilization material: ❑This section not applicable b. Length: _ Width: Z d. Maximum distance waterward of NHW or NWL: /Q P- f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes WNo ❑NA (it) If yes, state amount of erosion and source of erosion amount Information. g. Number of square feet of fill to be placed below water level. h Bulkhead backfill ,J3T U Riprap _ - Breakwater/Sill_ Other_ 1. Source of fill material. �CanA 4. OTHER FILL ACTIVITIES 44 (Excluding Shoreline Stabilization) r, a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b If yes, (it) Amount of material to be placed in the water (III) Dimensions of fill area _ (iv) Purpose of fill Type of fill material. r C� ea r, Ci I C1 i r+-- 5a v d A", OMThis section not applicable .i e r� (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ ❑WL ❑None (II) Describe the purpose of the fill in these areas: 15. GENERAL J a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g.,dragline, controlled? /I++ backhoe, or hydraulic dredge)? 5i1� Ttrct ��Ck InU4P__ c, (1) WIII navig tional aids be required as a result of the project? ❑Yes YJNo DNA (it) If yes, explain what type and how they will be implemented. d. (i) Will wetlands beC,rossed in transportin t to project site? ❑Yes C)oo ❑NA MEWED (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. NOV 3 0 20'S Date Applicant Name / )S�Ik01LSt_ Project Name Apphca Signature _ IN 252-808.2808 :: 1-888-4RCOAST :: w .nccoastalmananement.net revised: 12/26106 Form DCM MP-3 UPLAND DEVELOPMENT Nov 12 2015 (Construction and/or land disturbing activities) i 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. a. Type and number of buildings, facilities, units or structures proposed. c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes PONo DNA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. jq``� I ��L 0/1 kuk"t ew 15VAW J ittxl,rnent +tc'io i. Give the percentage of the entire tract to covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. eX)sfiela qq% <�)rnoos.ed 416 Describe proposed method of sewage disposal I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). n bYle, b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes JoNo ❑NA (il) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes (%No DNA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes FNo DNA If yes, attach appropriate documentation. RECEIVED NOV 3 0 Z015 DCM- MHD CITY 252-808-28082 :: 1-888-4RCOA5T :: www_nccoastalmanaaement.net revised: 12126/06 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) C O m m Litil I l o. When was the lot(s) platted and recorded? Date Project Name Applicant Name /1 A h Applicant Signature n. (1) Will water be impounded? []Yes OINo ❑NA (it) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? ❑Yes C$(No �NA RECEIVED Nov 3 0 2015 OCAq_ MH® CITY 252-808-2808 n i-868.4RCOAST :: V w .ncceaatalmanacement.net revised: 12/26/06 1Ar Form ®CM MP-4 `I OCT 2 9 2015 1. STRUCTURES -- --- VENT t LJ�E IC nrr.'^(Y (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sere to'complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: 16Commercial ❑Public/Govemment ❑Private/Community []This section not applicable b. (1) Will a facility be open to the general public? s ❑No c. (1) Dock(s) and/or pier(s) d. (1) Are Finger Piers included? []Yes 12No (it) Number If yes: (iii) Length (ii) Number _ (iv) Width (Ili) Length (v) Floating []Yes [FNo (iv) Width (v) Floating []Yes [:]No e. (1) Are Platforms included? ❑Yes *0 f. (I) Are Boatlifts incuded? []Yes E2No If yes: If yes: (ii) Number (11) Number (iii) Length _ (III) Length _ (iv) Width _ (iv) Width _ (v) Floating []Yes []No Note: Roofed areas are calculated from ddplins dimensions. g. (I) Number slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies — 23'15ockage ( wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: I. Check the proposed type of siting: ❑ land cut and access channel ❑Open water; dredging for basin and/or channel Open water; no dredging required Other; please describe: k. Typical boat length: m. (i) Will he facility have tie pilings? es [--]No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). t 1� _-tralwlers corylLll.QrU01 - IrLC4 Lots I. (1) Will t facility be open to the general public? ea []No RECEIVED NOV 3 0 2015 DCM- MHD CITY 252-008-28e8 :: 11-88a4RCOAST ravired. I'X27MG M fica;rin 2'N 647 "lwVf 2 7g 4) 2. DOCKING FACILITY/MARINA OPERATIONS *his section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. _ ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: _ ❑ Showers ' ' ZT i ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED DCM- MHD CITY ?S2-80&•2308 _.'1-3138-4R"A15 ;: revisad:'l2127/r36 ilk rl 2Jttnil'1 NW-13 r)�i•u. �".(i31'P-iy *ili. a!T 4) I m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes 'PNo 0 V �, i n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes qNo '. o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.`` ❑CW ❑SAV ❑SB ❑WL NNone 71 p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (1) Is the boathouse slructure(s): []Commercial ❑Public/Govemmenl ❑Private/Community (II) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) JoThis section not applicable a. (1) Number (ii) Length _ (lit) Width _ & BREAKWATER (e.g., wood, sheetpile, etc.) IgThis section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS FThis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) NOV 3 0 2015 DCM- MHD CITY 25P7 808-2808 -- 1 58341RC43AS no. se,.is=_•et: •d2127ffS c4-.rm 'TX'LI) rd#'4 { wzra +.^r3as, 'a e .of 4 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 5oP. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body -JIM.44- mosE narrow point 4.5o{}. e. (i) Will navigational aids be required as a result of the project? ❑Yes %No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL & OTHER ❑This section not applicable a. Give complete description: q�Z�ll S Date Protect Name RECEIVED NOV 3 0 2015 DCM- MHD CITY zsa-aoa-xF.di$ 4. a-sss4nCOAST ;. mv1se4-12r971f)r, mo STUMPY POINT AREA PROHIBITED TERR ITORY Area H-3 (Map 10) (Prohibited areas are hatched) COUNTY:DARE 'eko J Worth Point '0 Stumpy Point Bay Kazer Point 1 35* 40'14 -7 Designated identifier Shelffish Harvesting Arose j boundary Prohibited Areas boundary area PM locator map N NA0113 + NC seen Plans 0 Goo 1200 Yards Old Point RECEIVED NOV 3 0 2015 [WHD Cl-fy (SEE BACK OF MAP FUR Map 10 AREA DESCRIPTIONS.) M 1 1 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jonathan Luke Midgett 2. LOCATION OF PROJECT SITE: 105 US Hwy 264 Stumpy Point, Dare County on Stumpy Point Bay Photo Index-2000: 176-1969 (R,16) 1995: 176-1824 (Q,10) State Plane Coordinates - X: 35.697177 Y: 75.772878 (Stumpy Pt Quad.) 3. INVESTIGATION TYPE: CAMA, D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/29/15 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received Complete — 11/12/15 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - conservation (B) AEC(s) Involved: EW, PTA, PTS (C) Water Dependent: yes A Intended Use: commercial (E) Wastewater Treatment: Existing - municipal Planned - none (F) Type of Structures: Existing — fish house, docks, bulkhead Planned - new fish house, new docks and pier, new bulkhead (G) Estimated Annual Rate of Erosion: none Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED 0THFR (A) Estuarine Waters, PTA 1840 sq ft 732 sq ft (shade) (8) Estuarine Shoreline 2,400 sq ft 3,960 sq ft disturb (D) Total Area Disturbed: 8,932 sq ft NOV 3 0 2015 (E) Primary Nursery Area: no (F) Water Classification: SA Open: no DCM- MHD3 -;1-Y 8. PROJECT SUMMARY: The applicant proposes to demolish an existing dilapidated fish house and associated docks and build a new fish house, new docks, pier, and replace sections of existing bulkhead. r 0 Field Investigation Report Page 2 Project Setting The proposed project is located at 105 Hwy 264 in Stumpy Point, Dare County. The project site is adjacent to Stumpy Point Bay which connects to the Pamlico Sound. The property is approximately 7,468 sq ft and has approximately 288 ft of bulkheaded shoreline. The elevation of the property is approximately 3 ft above normal water level (NWL) and is mostly developed with a building and a gravel parking area with very little vegetation which consists of typical lawn grasses. Existing man-made features on the tract consist of an old dilapidated fish house, wooden shoreside docks that run the length of the property, and bulkheading. The adjacent property to the north is developed with an abandoned fish house and to the west of the property is Hwy 264 bridge. No previous permits are known to have been issued on the property and there are no known areas of archaeological significance associated with the property. The waters within Stumpy Point Bay are classified as SA HQW waters and are closed to shellfish harvesting in the area adjacent to the project site. The water depths in the project area range from 3.5 ft to 8 ft. Development Proposal The applicant proposes to demolish the existing fish house and construct a new fish house in the same general footprint but with a slightly different configuration. The existing fish house is approximately 2,098 sq ft. The new fish house would be a prefabricated square metal building with 2,400 sq ft. The applicant also proposes a 10 ft by 40 ft roof overhang over the existing dock adjacent to the building to facilitate the unloading of fish. The applicant proposes to replace sections of existing damaged bulkhead. A 95 ft section at the northern end of the property would be replaced at a maximum of 5 ft from NWL and maintain an average of 2 ft from NWL. The applicant would also replace the bulkheading adjacent to the new proposed building. This section consists of 169 ft of new bulkheading. Adjacent to the existing bulkheading there is existing broken concrete, rip rap, and debri that extends waterward approximately 5 ft from the existing bulkhead in many places. The applicant proposes the new bulkhead alignment at a maximum of 12 ft from NWL and an average of 6 ft from the existing bulkhead to enable the bulkhead construction without removing all the existing rubble and debri. The applicant then proposes to repair/replace all the existing wooden slatted decking adjacent to the building and the shoreline. The applicant does not propose to add any additional shoreside decking at this time, only replace and repair what is there. The existing parallel shoreside docks allow for three vessels to be moored. The project proposal also includes the construction of a 6 ft by 122 ft pier. This pier structure would allow for 5 additional mooring slips. This pier structure would begin on the southern most portion of the property and extend out 22 ft then make a 90 degree turn and extend out for an additional 100 ft. The waterbody is approximately 450 ft at its most narrow point. RECEIVED NOV 3 0 2015 DCM- M�-' Field Investigation Report Page 3 Anticipated Impacts The proposed project will result in the disturbance of 2,098 sq ft of Estuarine Shoreline Area of Environmental Concern (AEC) associated with the demolition of the existing fish house. The construction of the new fish house will result in the new structure occupying 2,400 sq ft of Estuarine Shoreline AEC, with 1,590 sq ft of the structure within the 30 ft buffer. The existing fish house structure currently occupies 1,576 sq ft within the 30 ft buffer. The project would also result in the filling/disturbance of 3,960 sq ft of Estuarine Shoreline AEC, and the filling of 1,840 sq ft of Estuarine Waters Public Trust AEC with the construction of the bulkhead. The existing site has 44% lot coverage and with the new structure and bulkhead alignment there would be also be 44% lot coverage with no significant increase. The proposed pier would shade 732 sq ft of Estuarine Waters Public Trust AEC and provide 5 additional mooring slips for a total of 8 slips. Submitted by: Kelly Russell Date: 11 /23/2015 RECEIVED NOV 3 0 2015 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY January 26, 2016 Jonathan L. Midgett 184 Bayview Drive Stumpy Point, N.C. 27978 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON 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, � Douglas V. HeJ Major Permits Manager N.C. Division of Coastal Management Nothing Compares�� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD WWI A) APPLICANT: Jonathan Luke Midgett County: Dare LOCATION OF PROJECT: 105 Hwy 264 in Stumpy Point DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 11/12/15 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Kelly Russell DISTRICT OFFICE: Elizabeth city DISTRICT MANAGER REVIEW: J Date: /< I J B) DATE RECEIVED BY MAJOR PERMITS UNIT: 7-'3 FEE REC'D: $ 400 (100%) PUBLIC NOTICE REC'D: Advertise: 11/29/15 END OF NOTICE DATE: Comments due: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: Q Q S ON: I S� C) 75 DAY DEADLINE: 01/26/16 ✓ 150 DAY DEADLINE: 1 1op(Q MAIL OUT DATE: Circulation: // /a 4 zi STATE DUE DATE: Comments due: / Z 7/S IS FEDERAL DUE DATE: FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 20 I A Coastal Management - LUP Consistency l 2 S Division of Community Assistance z C Land Quality Section--DEMLR DWR/DWQ- Aquifer Protection DWR/DWQ - Storm Water DWR-Public Water Supply State Property Office Division of Archives & History —Cultural Res. / (� X Division of Env. Health —Shellfish Sanitation Division of Highways --DOT ' X Wildlife Resources Commission Local Permit Office/Planning Dept. DMF—DCM Fisheries Resource Specialist `ZKtUEIV / E D Corps of Engineers X ISAW0 DCM- MHD. PAT MCCRORY DONALD R. VAN DER VAART swmra'� Caastat Management ENVikONMENTAL OUALITV MEMORANDUM TO: Courtney Spears, Assistant Major Permits Coordinator THROUGH: Frank A. Jennings, III, District Manager FROM: Kelly Russell, Field Representative 4 DATE: Jan. 20, 2016 BRAXTON DAVIS Dv Tar SUBJECT: Jonathan Luke Midgett Fish House Major Permit Recommendations The applicant proposes to demolish an existing dilapidated fish house and associated docks and build a new fish house, new docks, pier, and replace sections of existing bulkhead. The project is located in Stumpy Point, Dare County. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW) and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. RECEIVED Consistent: The applicant proposes to construct a bulkhead and a dock. -" NothingCompares.,, - State of North Carolina I Environmental Quality I Coaaaal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] JAN 2 2 2016 DCM- MHD CIT) North Carolina Department of Environmental Quality Division of Coastal Management 07H.0207 Public Trust Areas MEMORANDUM Page 2 of 7 Date (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The development proposal is consistent with the intent of this rule. 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraphs (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. (2)(A) the location, design and need for development, as well as the construction activities involved be consistent with the stated management objective. (B) no suitable alternative site or location outside of the AEC exists for the use of development. It further states, "that the applicant has selected a combination of sites and design that will have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland, shellfish bed, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting and wintering sites for waterfowl and wildlife, and important natural erosion barriers. (C) the development shall not violate water and air quality standards. (D) no major or irreversible damage to valuable documented archaeological or historic resources. (E) development shall not measurably increase siltation. (F) development shall not create stagnant water bodies. (H) development shall not impede navigation or create undue interference with access to, or use of, PTA or EW. Consistent: The proposed development is consistent with the intent of these rulg,��CE'vED JAN 2 2 Z016 Paragraph (6) Piers and Docking Facilities (6) Piers and Docking Facilities. North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 7 Date (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; (E) The total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; (G) Pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the samegrelyag_ IV E D for similar use; (This restriction does not apply to piers 100 feet or less in length unles Cllr� CC necessary to avoid unreasonable interference with navigation or other uses of the waters byAt(�e 2 2 2016 public); JJ IIVv (ii) not extending into the channel portion of the water body; and (iii) not extending more than one-fourth the width of a natural water body, or human@$dVl- M H D C ITY canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Measurements to determine lengths shall be made from the waterward edge of any coastal wetland vegetation that borders the water body; (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. The line of division of areas of riparian access shall be established by drawing a line along the channel or deep water in front of the properties, then drawing a line perpendicular to the line of the channel so that it intersects with the shore at the point the upland property line meets the water's edge. The minimum setback provided in the North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 7 Date rule maybe waived by the written agreement of the adjacent riparian owner(s) or when two adjoining riparian owners are co -applicants. If the adjacent property is sold before construction of the pier or docking facility commences, the applicant shall obtain a written agreement with the new owner waiving the minimum setback and submit it to the permitting agency prior to initiating any development of the pier. Application of this Rule may be aided by reference to the approved diagram in 15A NCAC 07H .1205(t) illustrating the rule as applied to various shoreline configurations. Copies of the diagram may be obtained from the Division of Coastal Management. When shoreline configuration is such that a perpendicular alignment cannot be achieved, the pier shall be aligned to meet the intent of this Rule to the maximum extent practicable as determined by the Director of the Division of Coastal Management; and (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The proposed development is consistent with the intent of these rules. Paragraph (7) is Bulkheads and Shore Stabilization Measures (A) Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level; (B) Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources; (C) Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead; (D) Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; RECEIVED (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; and JAN 2 2 2016 (v) the property to be bulkheaded is in a non -oceanfront area. � - MHD CITY Consistent: The proposed bulkhead alignment is at a maximum of 12 ft waterwar o NWL and at an average of 6 ft waterward. The bulkhead alignment is due to a large amount of rock, debri, and rubble adjacent to the existing bulkhead, very large wide sister pilings along the existing bulkhead and due to some sharp turns in the existing bulkhead. North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 7 Date The alignment would allow the new bulkhead to be constructed without having to dredge out all the existing debri and to achieve a straighter alignment. 15A NCAC 07H .0209 COASTAL SHORELINES (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adequately service the major purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion-c rEb E I VE D devices or structures. IBC (C) All development projects, proposals, and designs which involve uncovering more than ondAN 2 2 2016 acre of land shall plant a ground cover sufficient to restrain erosion within 30 working d s of completion of the grading; provided that this shall not apply to clearing land for the pur M- M H D C of forming a reservoir later to be inundated. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 6 of 7 Date (6) No public facility shall be permitted if such a facility is likely to require public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use. For the purpose of this standard, "public facility" means a project that is paid for in any part by public funds. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. (9) Within the AECs for shorelines contiguous to waters classified as Outstanding Resource Waters by the EMC, no CAMA permit shall be approved for any project which would be inconsistent with applicable use standards adopted by the CRC, EMC or MFC for estuarine waters, public trust areas, or coastal wetlands. For development activities not covered by specific use standards, no permit shall be issued if the activity would, based on site -specific information, degrade the water quality or outstanding resource values. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; (B) Pile -supported signs (in accordance with local regulations); (C) Post- or pile -supported fences; (D) Elevated, slatted, wooden boardwalks exclusively for pedestrian use and six feet in width or less. The boardwalk may be greater than six feet in width if it is to serve a public use or need; (E) Crab Shedders, if uncovered with elevated trays and no associated impervious surfaces except those necessary to protect the pump; (F) Decks/Observation Decks limited to slatted, wooden, elevated and unroofed decks that shall not singularly or collectively exceed 200 square feet; (G) Grading, excavation and landscaping with no wetland fill except when required by a permitted shoreline stabilization project. Projects shall not increase stormwater runoff to adjacent estuarine and public trust waters; (H) Development over existing impervious surfaces, provided that the existing impervious surface is not increased and the applicant designs the project to comply with the intent of the rules to the maximum extent feasible; (n Where application of the buffer requirement would preclude placement of a residential structure with a footprint of 1,200 square feet or less on lots, parcels and tracts platted prior tdQ EC E I V E June 1, 1999, development may be permitted within the buffer as required in Subparagraph JAN 2 2 2016 (d)(10) of this Rule, providing the following criteria are met: (i) Development shall minimize the impacts to the buffer and reduce runoff by limiting land disturbance to only so much as is necessary to construct and provide access to the resQCM M H D C and to allow installation or connection of utilities such as water and sewer; and (ii) The residential structure development shall be located a distance landward of the normal high water or normal water level equal to 20 percent of the greatest depth of the lot. Existing structures that encroach into the applicable buffer area may be replaced or repaired consistent with the criteria set out in Rules .0201 and .0211 in Subchapter 07J of this Chapter; and (J) Where application of the buffer requirement set out in 15A NCAC 07H .0209(d)(10) would North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 7 of 7 Date preclude placement of a residential structure on an undeveloped lot platted prior to June 1, 1999 that are 5,000 square feet or less that does not require an on -site septic system, or on an undeveloped lot that is 7,500 square feet or less that requires an on -site septic system, development may be permitted within the buffer if all the following criteria are met: (i) The lot on which the proposed residential structure is to be located, is located between: (I) Two existing waterfront residential structures, both of which are within 100 feet of the center of the lot and at least one of which encroaches into the buffer; or (II) An existing waterfront residential structure that encroaches into the buffer and a road, canal, or other open body of water, both of which are within 100 feet of the center of the lot; (ii) Development of the lot shall minimize the impacts to the buffer and reduce runoff by limiting land disturbance to only so much as is necessary to construct and provide access to the residence and to allow installation or connection of utilities; (iii) Placement of the residential structure and pervious decking may be aligned no further into the buffer than the existing residential structures and existing pervious decking on adjoining lots; (iv) The first one and one-half inches of rainfall from all impervious surfaces on the lot shall be collected and contained on -site in accordance with the design standards for stormwater management for coastal counties as specified in 15A NCAC 02H .1005. The stormwater management system shall be designed by an individual who meets applicable State occupational licensing requirements for the type of system proposed and approved during the permit application process. If the residential structure encroaches into the buffer, then no other impervious surfaces will be allowed within the buffer; and (v) The lots must not be adjacent to waters designated as approved or conditionally approved shellfish waters by the Shellfish Sanitation Section of the Division of Environmental Health of the Department of Environment and Natural Resources. Consistent: The proposed new fish house structure does add an additional 14 sq ft within the 30 ft buffer due the the square design of the prefabricated building as compared to the existing structure; however, under the unroofed wooden slatted decking surrounding the existing building and in the parking area of the property there is crusher run gravel, making the area existing impervious surface. Therefore there actually will be no additional impervious surface added within the 30 ft buffer since the proposal is considered redevelopment and allowed under 7H .0209 (d) (10) (H). Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans, I recommend a Major Permit be issued to Jonathan Luke Midgett as proposed with the standard permit conditions. RECEIVED JAN 2 2 201 DCM- W _ M Coastal Management ENVIRONMENTAL QUALITY November 24, 2015 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management PAT MCCRORY covemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director FROM: Doug Huggett, Major Permits Coordinator RECEIVED Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review DEC 0 7 2015 Applicant: Jonathan Luke Midgett DCM- MHD CITY Project Location: 105 Hwy 264 in Stumpy Point, Dare County Proposed Project: Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears A 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGINE DATE —i"Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South i flvebeth City, NC 27909 252.264.39011252-264-3723 [fax] PAT MCCRORY to DONALD R. VAN DER VAART BRAXTON DAVIS Coastal Management ENV IRON MENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastta�Management FROM: Charlan OwensxCP, District Planner Division of Coastal Management SUBJECT: Major Permit Request by Jonathan Midgett to remove an existing fish house and construct a 2,400 sq. ft. fish house with a 10 foot by 40 foot roof overhang, repair/replace two (2) sections of bulkhead totaling 264 linear feet and all wood slatted decking, and install a 6 foot wide by 122 foot long pier on Stumpy Point Bay; at 105 US Highway 264, in Stumpy Point, Dare County. Date: December 1, 2015 Consistency Determination: The request County 2009 24, 2011. is consistent with/not in conflict with the Dare Land Use Plan certified by the CRC on February Overview: The 7,468 sq. ft. subject property has approximately 289 linear feet of shoreline along Stumpy Point Bay, which connects to the Pamlico Sound. Water depths adjacent to the property range from 3.5 feet to 8 feet. The property is elevated approximately 3 feet above Normal Water Level (NWL) and is located within the AE (EL 4) Floodzone. The site is minimally vegetated with lawn grasses. Existing site improvements consist of a 2,098 sq. ft. dilapidated fish house with exterior decking, gravel and concrete slab parking and a septic system. Existing shoreline improvements consist of partially damaged bulkhead and wooden shoreside dock. The bulkhead and dock run the length of the shoreline. Broken concrete, riprap, and debris extend approximately 5 feet watenward from the bulkhead in many areas. The shoreside dock allows for the mooring of three (3) vessels. Removal of the existing fish house and construction of a 2,400 sq. ft. fish house with a 10 foot by 40 foot roof overhang, installation of a 6 foot wide by 122 foot long pier, and repair/replacement of two (2) sections of bulkhead totaling 264 linear feet and all wood slatted decking are proposed. The roof overhang will extend over the existing dock. The pier structure will extend 22 feet and then turn 90 degrees for an additional 100 feet. The pier will allow for five (5) additional mooring slips. Bulkhead sections will be installed a maximum of 12 feet waterward of NWL and an average of 6 feet from the existing bulkhead so the existing rubble and debris will not have to be removed. No additional shoreside decking is proposed. RECEIVED DEC 0 7 2015 '`'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Eli abeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality MEMORANDUM r Division of Coastal Management Page 2 of 6 l Stumpy Point Bay is classified as SA HQW waters and is closed to shellfishing at the project area. There are no known archaeological sites associated with the property. A review of Submerged Aquatic Vegetation (SAV) was not provided. Anticipated impacts resulting from this project are expected to include: the filling of 1,840 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and 2,400 sq. ft. of Estuarine Shoreline AEC; the shading of 732 sq. ft. of Public Trust Area/Estuarine Waters AEC, and; the disturbance of 3,960 sq. ft. of Estuarine Shoreline AEC. Basis for Determination: The Dare County Land Classification Map identifies the subject property as "Community'. As indicated on Page 217, the "Conservation" designation applies to all CAMA Areas of Environmental Concern (AECs). As indicated on Page 217 for the "Conservation" designation, "...development should be limited to residential development and traditional accessory uses permitted in the CAMA AECs such as but not limited to piers. docks. and crab -shedders." Listed below is a glossary of key words that are used throughout Section 2 in the policy statements. The glossary is intended to convey the specific meaning of these key words. 1. adequate: sufficient to achieve the intended purpose or prevent harm 2. advocate: to promote or encourage 3. allow, authorize, permit: official action to let something happen 4. consider: to analyze; to take under advisement 5. control: to regulate or direct 6. discourage: to not favor, to dissuade 7. encourage: to favor or foster (also see support) 8. may: provides the option, but not required; permissive 9. oppose: to not support or be against a proposed action 10. practicable: capable of being effected, feasible, likely to occur 11. preferred: the favored course among alternatives but does not preclude other options 12. prohibit: not allowed, to totally prevent 13. promote: to proactively encourage to take positive steps 14. reasonable: practical, just enough to do the job; not extreme 15. recognize: to show awareness of an issue or condition 16. require: to mandate something 17. shall: mandatory, not optional; a more formal term for "will' 18. should: preferred or recommended but not mandatory in all cases 19. significant: important; determined by quantity or relative impact 20. support: to foster; may imply financial support RECEIVED DEC 0 7 2015 ^'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - r Vl 1 ' D CITY 1367 US Hwy 17 South I Elisabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 6 616 1 The following LUP policies may be applicable to this request: Public Access: Policy PA#1, Page 142. "Dare County supports the preservation and protection of the public's right to access and use of the public trust areas and waters." Land Use Compatibility: Coastal Heritage Policy LUC #1, Page 149. "Dare County recognizes the importance of our coastal village heritage and will continue to work toward the preservation of that heritage with appropriate land use guidelines and regulations." Policy LUC #2, Page 149. "Public sector and private sector development activities should recognize Dare County's coastal heritage and incorporate traits reflective of our heritage in building design and other site features and improvements." Commercial Development Policy LUC #6, Page 154. "Commercial development should be designed to meet the needs of Dare County's unincorporated villages and not to serve as regional commercial centers. The gross floor area limitations of the Dare County Zoning Ordinance and other applicable land use codes shall be used as a tool to manage the footprint of commercial structures. The goal is to manage the size of the commercial structures, which serves as a disincentive for regional commercial centers for location in villages." Policy LUC #7, Page 155. "Commercial businesses, regardless of size, should individualize their sites and building designs to reflect Dare County's coastal heritage..." RECEIVED DEC 0 7 2015 !'Nothing Compares DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 6 Industrial Development Policy LUC #9, Page 156. "... Boat building, commercial fishing, and construction are recognized as traditional occupations and employment sectors in Dare County that are consistent with our coastal heritage." Archaeological/Historic Resources Policy LUC #15, Page 159. "The Dare County Board of Commissioners supports the protection of structures, lands, and artifacts that have been identified by the NC Department of Cultural Resources, Division of Archives and History, as archaeologically or historically significant. On a case -by -case basis individual protection/management strategies should be implemented to ensure archaeological and/or historical resources are not destroyed." Natural Hazards: Estuarine Systems Policy NH #2, Page 180. "Estuarine shoreline development should continue to be managed to protect and preserve the natural resources of the estuarine waters and the estuarine shoreline. The appropriate tools for this are the existing CAMA permit program and the Areas of Environmental Concerns (AECs) designated under the CAMA program..." Implementation Strategy, Page 180. 1. Rely on existing CAMA AEC regulations to address development activities along the ocean beaches, estuarine shoreline, and other public trust areas in unincorporated Dare County..." Policy NH #3, Page 180 and Policy WQ #10, Page 192 "Dare County supports the installation and maintenance of estuarine bulkheads. Offshore breakwaters, slopes, rip -rap, and voluntary setbacks are appropriate alternatives for property owners for addressing est�rjaer, E ��� D shoreline management in lieu of estuarine bulkheads where these �9�r1+ DEC 0 7 2015 'Nothing Compares - State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elinbeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 6 techniques may be equally effective in abating a shoreline erosion problem." Flood Hazards Policy NH #5, Page 181. "Dare County supports, as minimum standards, the administration and enforcement of all applicable floodplain management regulations and the National Flood Insurance Program..." Water Quality: Water Quality Policy WQ #2, Page 188. "Development projects shall be designed and constructed to minimize detrimental impacts on surface water quality, groundwater quality, and air quality. Structures should be designed to fit the natural topographic conditions and vegetation versus modifications to natural conditions to accommodate structures." Stormwater Policy WQ #4, Page 190. "Efforts to preserve, protect and improve water quality should be managed at the local level. Local level management allows for a regulatory approach designed to specifically address unique local needs and conditions. Existing State stormwater rules should serve as the basis for local programs with adjustments made to address local needs, conditions, and community support." Policy WQ #5, Page 190. "Efforts to manage stormwater runoff should be based on local conditions and natural features. Properties immediately adjacent to SA classified waters should be developed consistent with the dimensional standards and lot coverage limitations of the Dare County Zoning Ordinance. Vegetative buffers and other low —impact development methods identified by the UNC Coastal Studies Institute are appropriate tools to addrALC E IVE D stormwater runoff adjacent to SA waters." ��{{ DEC 0 7 2015 -"'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 232-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 6 of 6 V Fisheries Resources Policy WQ #11, Page 193. "Dare County recognizes the importance of our surrounding waters that serve as habitats for the area's abundant fisheries resources. The continued productivity of Dare County's fisheries shall be fostered through restoration and protection of the unique ecosystems upon which they depend..." RECEIVED DEC 0 7 2015 - "'Nothing Compares r� State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I El Wbeth City, NC 27909 252-264-3901 0 Coastal Management ENVIRONMENTAL QUALITY November 24, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Jonathan Luke Midgett 105 Hwy 264 in Stumpy Point, Dare County Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears Cad 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. -- -- — _ , L--`0This 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 >t<i�I G� DATE 1831LECOVED DEC 0 3 2015 Nothing Compares State of North Carolina I Euviromnental Quality I Coastal Management D C M - IM H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [faxl PAT MCCRORY r4m(iawmar DONALD R. VAN DER VAART Secmwy. RECEIVED/NCIIIWRWI BN DAVIS Coastal Management Dlnctor ENVIRONMENTAL OLIALITY DEC 0 12015 November 24, 2015 wator Quality Regional Operations Section MEMORANDUM Washington Regional Office TO: Robert Tankard, Environmental Engineer DWR - Water Quality, Aquifer Protection Section, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jonathan Luke Midgett Project Location: 105 Hwy 264 in Stumpy Point, Dare County Proposed Project: Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Si)ears (a) 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. VThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED � ,Y DATE %ZfiYIIb "Nothing Compares State of North Carolina I Environmental Quality I Contal Management 1367 US Hwy 17 South l Fliahcth City, NC 27909 252-264-39011252-264.3723 fraa] - SW �t I51a0� PAT MCCRORY Gnvemur DONALD R. VAN DER VAART ' Secretary BRAXTON'DAVIS Coastalmanagemenf RECEIVEDACDENR/DWR Dhvacr 'ENVIRONMENTAL QUALITY DEC 0 12015 November 24, 2015 Water quality Regional Operations Secrion MEMORANDUM Washington Regional Office TO: SamirDumpor, Environmental Engineer II DWR - Water Quality— Coastal Stormwater Permits, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application,Review Applicant: Jonathan Luke Midgett Project Location: 105 Hwy 264 in Stumpy Point, Dare County Proposed Project: Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below'your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears aA 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDy� DATE ��'-z�'T Sw-7tSlzoZ ��X�r�s�T>=➢ �t�-0M S�er..w,c�T1Z Nothing Compares..� Stale of North Carolina I Environmental Quality I Coastal Management ��letl�t�+Uu L L Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY January 4, 2016 Jonathan L. Midgett 184 Bayview Drive Stumpy Point, NC 27978 PAT MCCRORY Gowmor DONALD R. VAN DER VAART Subject: EXEMPTION from Stormwater Management Permit Regulations CAMA Major- Dredge 8i Fill / Bulkhead / Pier Jonathan L. Midgett'Fish House Improvements Stormwater Project No. SW7151202 Dear Mr. Midgett: Seemlary TRACY DAVIS The Washington Regional Office received a copy of your CAMA Major application for the fish house and bulkhead replacement and construction of a new pier project at the property located at 105 Hwy 264 in Stumpy Point, Dare County, NC on December 1, 2015. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. For this reason, we are informing you by way of this letter that your project will not require a;State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stdrmwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 211.1000 and may result in appropriate enforcement.actions by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Resources, the Division of Land Resources, Coastal.Area Management Actor any other Federal, State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, Samir Dumpor, PE Environmental Engineer cc: 'Doug Huggett, DCM Washington Regional Office Dimaor North Carolina Department of Environmental Quality Pat McCrory Governor November 24, 2015 MEMORANDUM: To: Doug Huggett C/O Courtney Spears Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSS/WaRO Donald R. van der Vaart Secretary Subject: CAMA/DREDGE & FILL PERMIT APPLICATION REVIEW Applicant: Jonathan Luke Midgett Project Location: 105 Hwy 264 in Stumpy Point, Dare County Proposed Project: Replace fish house, docks, & sections of bulkheads, & construct a new pier REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. This office objects to the project for reasons described in the attached comments. SIGNED /�i lam/ DATE 12-2-2015 RECEIVED DEC 0 8 2015 DCM- MHD CITY Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-946-00401 Internet: www.ncwater.org/pws An Equal Opportunity 1Ar&mative Action Employer- Made in pan by recycled paper Coastal Management ENVIRONMENTAL OUALITY November 24, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS RECEIVED Director NOV 302015 DOA STATE PROPERTY OFFICE Tim Walton, Manager State Property Office Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Jonathan Luke Midgett 105 Hwy 264 in Stumpy Point, Dare County RECEIVED DEC 16 2015 DCM- MHD CITY Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears (a, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. r ao Wthis office has no comment on the proposed project. YN ,a, 'e C r This office approves of the project only if the recommended changes are ,NOW` incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED MIA DATE p lRet" 1 +1 AtkU- ,7- !''Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264.3723 [fax] Coasral Managern<nr EUVIPOK✓FN r4 nWLLRY November24, 2015 MEMORANDUM TO: FRO&1: SUBJECT: Applicant., Project Location: ProposedProject: 1" DD tt 2C15 i Renee Gledhill -Early NC Department of Cultural Resources Doug I-Iuggett, Major Permits Coordinator Division of Coastal Management PAT MCCRORY t..,',,:,,r ALD R. VAN.DER VAART BRAXTON DAVIS 1l1 ", CMIAA/DREDGE & FILL Permit Application Review Jonathan Luke-Midgett I �Z 105 Hwy 264 in Stumpy Point, Dare County Replace fish house; docks, &, sections 'of bulkhead, & construct a new pier Please indicate below your agency's, position or i,iewpoint on the proposed project and, return this form.by 12/15/15 to Courtney 5nears (a), 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If.you have any questions, regarding the proposed project', please contact Kelly Russell at (252)'.264-3901, When.appropriate, in-depth comments with supporting.data are requested. REPLY: This office has no objection to the project as proposed. This office has no contment_on the proposed project. This office approves!of the project only if the recommended changes,are incorporated, See attached. This office objects to the project for reasons described in the attached comments. SIGNED (LCu' DATE I� 7 Not'' ing Compares AEG Q Qj swL orr awoomomnl Qvilily I Coin Malugement 1367 US lixy 17 SOdth I EILML di Ch). NC 279U4' 252-261.39111252.26-3723.1fml Coastal Management ENVIRONMENTAL OUALITY November 24, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Ju NOV 302015 L Shellfish Sa^ -t E recreational _Water S=_c:on PAT MCCRORY Governor R. VAN DER VAART Secretary BRAXTON DAVIS Director Patti Fowler, Section Chief Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Jonathan Luke Midgett Project Location: 105 Hwy 264 in Stumpy Point, Dare County Proposed Project: Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears aa, 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. V// This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. 0� ,,�-n RECEIVED /yam SIGNED /lam rOe: WMC F1LdOATE /�_/ tl5� gF2 0 3 2015 — '� Nothing Compares �. DC M- M H D CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elinbeth City, NC 27909 252.264-39011252-264-3723 [fax] 12/08/2015 '14:19 2523314739 NCDOT PAGE 01/01 at Coastal Management ENVIRONMENTAL OUPLITY November 24, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NNOV U 7 2015 DISTRICT OFFICE PAT MCCRORY Oovemor DONALD R. VAN DER VAART ,e¢ertmty BRAXTON DAVIS A, wap Ken Pace, PE; Environmental Operations & Rest Area Department of Transportation Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DRF_DGE & FILL Permit Application Review Jonathan Luke Mldgett 105 Hwy 264 in Stumpy Point, Dare County Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or, viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears n,400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell, at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office .has no comment on the proposed project. Tkas office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE !''Nothing Compares... Stato ofNomh Carol;, I Favironmonto) Quohy I Co W Managemot t367 US Hwy 0 Sonth I rUmbeth City, NC 27909 252-264-39011252-264.3723 [Poxl J PAT MCCRORY covemor DONALD R. VAN DER VAART secrelary Coastal Management ENVIRONMENTAL QUALITY November 24, 2015 TO: Maria Tripp Dunn NC Wildlife Resources Commission FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management BRAXTON DAVIS Director SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Jonathan Luke Midgett Project Location: 105 Hwy 264 in Stumpy Point, Dare County Proposed Project: Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears lad, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. 2This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED ,4 I • DATE 1Z_ 15-2a5- RECEIVED DEC 18 2015 - --Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management D C M - M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] 14 10 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality RECEIVED FROM: Maria T. Dunn, Coastal Coordinator DEC 18 2015 Habitat Conservation DATE: December 15, 2015 DC M- M H D CITY SUBJECT: CAMA Dredge/Fill Permit Application for Jonathan Midgett, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 105 US Hwy 264 in Stumpy Point, NC adjacent Stumpy Point Bay. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to replace an operational fish house, docks, and sections of existing bulkhead along with constructing a new pier. The property is immediately adjacent to and has been encroached upon by NCDOT bridge replacement for US Hwy 264. The entire site is within the NCDCM AEC and has been disturbed. The new fish house would be 2,400 ft2, replacing the current 2,098 ft2 structure. The bulkhead would be replaced, ranging in distances from the existing bulkhead a maximum 12', averaging between 5' and 6' waterward the current structure. Decking on the dock is to be replaced and the new building will have an overhang of 10' by 40' to facilitate fish unloading. Stumpy Point Bay is classified SA HQW by the Environmental Management Commission. The NCWRC has reviewed the permit application andI though we generally do not approve of extending impervious area within an AEC and into SA HQW waters, we will not object to permit issuance. The state of the current facility is in need of repair and has further been compromised Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 CMDF_Jonalhan Midgett Page 2 December 15, 2015 by the expansion of the right-of-way for the new bridge replacement. Replacement bulkheads are done in a manner that often extend the new structure slightly farther waterward than the existing. Therefore, we request waterward expansion of the bulkhead be considered to the greatest extent practicable. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at mania. dunnkncwildl ife. org RECEIVED DEC 18 2015 DCM- MHD CITY RE r Coasta(Management ENVIRONMENTAL DUALITY November 24, 2015 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED DEC 01 2015 DCM-Flsllerles WARD PAT MCCRORY Governor DONALD R. VAN DER VAART 5'ocremry Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management BRAXTON DAVIS Director CAMA/DREDGE & FILL Permit Application Review Jonathan Luke Mldgett 105 Hwy 264 in Stumpy Point, Dare County Replace fish house, docks, & sections of bulkhead, & construct a new pier Please indicate below your agency's position or viewpoint on the proposed project and return this form by 12/15/15 to Courtney Spears (a 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-33301. If you have any questions regarding the proposed project, please contact Kelly Russell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. (!af Add ina%jeC of cancrd�n 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 Nothing Compares,, State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South 1121liabeth City. NC27909 252-264-39011252-264-3723 [fmt] c� PAT MCCRORY r,,, DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL OUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Jonathan Luke Midgett DATE: 12/15/15 ?. c11.111 BRAXTON DAVIS 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 demolish an existing fishhouse in poor condition in Stumpy Point, NC and construct a new fishhouse on the site. The footprint of the new building will be approximately 300ft2 larger than the current building. In addition to the building the applicant also proposes to rebuild the failing bulkhead. In some areas the bulkhead is proposed to be as much as 12ft waterward of the existing bulkhead. On the southern end of the property a new 6' x 122' pier is proposed to be constructed to give additional wet slips for a total of 8 on the property. The project area has no special fisheries designations (PNA, AFSA, SNA, etc.) but the fill associated with it represents a, large (1840ft2) area of soft relatively shallow bottom habitat and is some cause for concern. The new proposed bulkhead alignment exceeds the normally recommended 2ft ahead of existing bulkhead guidance normally followed for bulkhead replacement. The project shows little attempt to avoid or minimize impacts to shallow bottom habitat; in some areas the new proposed building is over what is currently open water. Fisheries concerns with the project could be alleviated by pulling back the bulkhead alignment to reduce the amount of fill; this may result in the need to reduce the size of the building. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.Rov with further questions or concerns. <' Nothing Cornpares:'. State of Nortfi Carolina I Environmental Quality ; Coasuil Management Address 1 1 Address 2 1 City, state ZIP 000 ODD 000o T C Spears, Courtney From: Pelletier, Josh R SAW <Josh.R.Pelletier@usace.army.mil > Sent: Friday, January 08, 2016 7:30 AM To: Spears, Courtney Subject: RE: a couple permits Courtney, Happy New year to you. I hope things are well. Sorry for the slow reply on the email. I have been out of the office most of the week. I have no issues with the few addition square feet on the Midgett application. Also, no issues with the minor mod on Sunset either. I am going to try my best to have you the comments on the Overman permit today. If for some reason it doesn't happen today, I will get it to you first thing Monday!!!! Let me know if you have any questions.... Josh R. Pelletier Project Manager United States Army Corps of Engineers Washington Regulatory Field Office 2407 W. 5th Street Washington, North Carolina 27889 (910)251-4605 We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our customers. We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/ Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Monday, January 04, 2016 4:40 PM To: Pelletier, Josh R SAW Subject: [EXTERNAL] a couple permits Hello! Hope you had a nice holiday! The Elizabeth City DCM office sent out a minor modification to permit 13-07 for Sunset Rodanthe Resort, does USACE have any issues with that particular project? i tJ a i" Water Resources ENVIRONMENTAL QUALITY ' PAT MCCRORY Gaamar DONALD R'.. VAN DER VAART seawary S. JAY ZIMMERMAN December 22, 2015 Dimdor DWR # 154232 Dare County Jonathan L .Midgett 184 Bayview Drive Stumpy. Point, NC 27978 subject: Approval of 401 Water Quality Certification with Additional Conditions . . Jonathan Midgett Fish House Replacement Dear Mr. Midgett: You have our approval for the impacts listed below -for the purpose described in your application dated November 24,.2015 and received by the Division of Water Resources (Division) on November 30, 201S. These Impacts are, covered. by the attached. Water Quality General Certification Number 3900 and the.' conditions listed below. This. certification is associatedwith the use of CAMA Major Permit and General Permit(s)198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management Issues It. Please note that. you should get any other federal, state or local permit's before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the'enclosed certification(s) or general permit and the following'additional conditions: 1. The following Impacts are hereby approved provided that all of the other specific and general.conditions of the Certification are met. No.other impacts are approved, including incidental impacts. [15A NCAC 0.2B .0506(b)(c)) Type of. impact Amount Approved (units) Permanent Amount Reduced (units) Temporary Plan location/ Reference Attached Open Water OW-1(Bulkhead) 0.04 (acres) 0 (acres) CAMA Permit Plan' Sheet 1 OW-2 (Pier Shading) 0.02 (acres) I O'(acres) 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. If the property is sold, the new owner Smteef NathCemlma I Emimtanental Quality I Water Resauaes-Water Quality Regional O9erdom-Washington Regional ol6ro 943 Washington SqumMail, Washington, NC 27889 252-946-6481 Jonathan L. Midgett DWR # 15-1232 401 APPROVAL Page 2 of 4 must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 028.0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certifications) 3900. 115A NCAC 02B .0507(c)] 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .02211 S. Re Opener Clause Jonathan L. Midgett and his authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Jonathan L. Midgett shall require their contractors (and/or agents) to comply with all of the terms'of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, orthat further conditions are necessaryto assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 21-1.0507(d). Before modifying the certification, DWR shall notify the Jonathan L. Midgett and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit Issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 6. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] 1' Jonathan L. Midgett DWR # 15-1232 40i APPROVAL Page 3 of 4 7. The applicant and/or authorized agent shall provide a. completed Certificate of Completion form to the Division within thirty (30) days of project completion.(available at hfp,/Iportal.ncdenr.ore/web/wo/swn/ws/401/certsandpermits/apply/forms). [T5A NCAC.02H .0506(b)(5)] 8. This approval and its conditions are final and binding unless contested. [G.S.143-215.5] These Certifications can be contested as provided in Articles 9 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 ht_tp://www.ncdah,com/.or by calling the OAH Clerk's Office at (919) 431-30.00 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition Is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours -(Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition maybe faxed to the OAH at (919).4313100, 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: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings O.ffice'ofAdministrative :Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh; NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, General Counsel ' Department of Environmental. Quality . 5601 Mail Service Center Raleigh, NC 27699-1601 'This letter completes the review of the Division under section 401 of the Clean Water. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.Qov if you have any questions or concerns. } Jonathan L. Midgett DWR # 15-1232 401 APPROVAL Page 4 of 4 Sincerely, Ice's' Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 9900 Certification of Completion cc: Doug Huggett, DCM Morehead City Kelly Russell, DCM Elizabeth City Joseph Pelletier, USACE Washington Regulatory Field Office (via email), Laserfiche File I '�o'� 1 suers) c, ��3 RECEIV . I Inb a" ocr s o .8m5 • I 1. f•QASTAL N,Yx�a•�ti a d' C. ,f� Q GRMit I I dR. 1 IM G 1.T AB I 1i i��E STORE 4 • MW NG �' WMANDMUFFER APPROVED ¢rlcRoncNes .� R/w 0.1. KOM CAROUNA EMMONMEMAL f e• = DMSIOMANAGEMENTCOMMISSIoN NOFWA7EflFlMWACE4 . 4 b DWRPwm w la9i R/W 3.3' • is � /22�OA]3�383P"(aw .0. B01,S59.2]O b 'xvmaN; CANAL 1 801,348.588 e: Q , 8 < GRAPHIC SCALE m .0 to •w 40. ao IN YlMr I itch = 20 it. CS January 20, 2016 Regulatory Division Action ID No. SAW-2016-00118 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Jonathan Midgett to rebuild existing fish house with associated docks, pier, and replace sections of the existing bulkhead, at 105 US HWY 264, Stumpy Point, Dare County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. CC 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 8. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are riot considered significant. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District cs U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field Office, Regulatory Division, telephone (910) 251-4605. Sincerely, Josh Pelletier Regulatory Project Manager Copies Furnished: Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Division -Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Frank Jennings, District Manager Elizabeth City Field Office North Carolina Division of Coastal Management Coastal Management ENVIRONMENTAL QUALITY November 24, 2015 Mr, Jonathan Luke Midgett 184 Bayview Drive Stumpy Point, NC 27978 Dear Mr. Midgett: PAT MCCRORY Govemor DONALD R. VAN DER VAART Seminry BRAXTON DAVIS Dimcmr The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 105 Hwy 264 in Stumpy Point, Dare County. It was received complete on November 12, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 26, 2016. 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 November 12, 2015, 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. RECEIVED ,othing Compares NOV 3 0 " State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 C M''- 252-264-3901I252-264-3723 [fax] 4 Jonathan L. Midgett November 24, 2015 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact Kelly Russell, Field Representative, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Frank Jennings District Manager, Northeastern District NC Division of Coastal Management FJ/yc Enclosure cC. Doug Huggett,-Ma jor Permits Coordinator, DCM, Morehead City, NC Kelly Russell, Field Representative, DCM, Elizabeth City, NC 0 W > o N W o C� X c� ul Z cr a AMA PERMIT APPLIED FOR PROJECT: replace the fish house, docks, & sections of bulkhead, & construct a new pier. �2119115 �' MNAFNITS ArrEPTED THRO APPLICANT: Jonathan Luke Midgett 184 Bayview Drive Stumpy Point, NC 27978 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Kelly Russell, Division of Coastal Management, 1367 US Hwy 17 S., Elizabeth City, NC 27909; 252- 264-3901, ext. 233 I PAT MCCRORY Governor DONALD R. VAN DER VAART Secmlary Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals-thecoastlandtimes.net FROM: Yvonne Carver Administrative Assistant DATE: November 24, 2015 SUBJECT: Public Notice: Jonathan Luke Midgett BRAXTON DAVIS Dlreclar Please publish the attached Notice in the Sunday, November 29, 2015 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc:CDAug-Haggett -MaiGP-Permits-Coordinator, DCM, Morehead City Michele Walker, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED NOV 3 0 Z -/ Nothing Compares pC�►,- c I6, , �., State of North Carolina l Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 11/12/15. Jonathan Luke Midgett proposes to replace the fish house, docks, & sections of bulkhead, & construct a new pier at 105 Hwy 264 in Stumpy Point, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 12/19/15, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, November 29, 2015 SY OPL COUNTY OF DARE Planning Department Ox, (CA 0 P.O. Box 1000, Manteo, North Carolina 27954 August 25, 2015 Manteo: (252) 475-5870 KDH Satellite: (252) 475-5871 Buxton: (252) 475-5878 Luke Midgett 184 Bayview Drive Stumpy Point, NC 27978 Dear Luke: I have reviewed the information you submitted to my office addressing past storm damage to your property located at 105 Highway 264 in Stumpy Point, NC. This letter from the former owner lists the damages that occurred to the structure as a result of flooding from Hurricane Irene and Hurricane Arthur. Based on this information, the non -conforming language of the SP-C commercial district may be applied. This non -conforming language states that any non- conforming structure that suffers extensive damage as a result of a natural disaster may be replaced to 100% of its status as of March 15, 2004 but no greater and only to the extent that it cannot be replaced to conform with the SP-C zoning regulations. The March 15, 2004 date is the date zoning for Stumpy Point was adopted. The structure at 105 Highway 264 was built in 1988 according to the Dare County tax records. Therefore, Dare County approval to replace the structure can be authorized for the same amount of square footage for the building and the same amount of imperious coverage that is associated with the decks at the site. The tax records indicate the square footage of the building to be 1,299 square feet. The tax records do not indicate the amount of decks so a site plan documenting this information will be needed as part of the site plan/building permit approval process. I will provide a copy of this letter to Kelly Russell with the Division of Coastal Management. If you have any questions, please give me a call at 475-5873. Cc: Kelly Russell Sincerely, Donna Creef Planning Director RECEIVED NOV 3 0 2015 DCM- MFID CITY LAND OF BEGINNINGS Parcel Card Page 1 of 1 Parcel Number: 023985000 Print Date: 8/24/2015 County of Dare, North Carolina 'Owner and Parcel information is based on current data on file and was last updated on 812112015 Owner Information: MIDGETT, JONATHAN LUKE 184 BAYVIEW DR STUMPY POINT NC 27978 Parcel Information: Parcel:023985000 PIN:975216749227 District: 16 - STUMPY POINT Subdivision: SUBDIVISION - NONE LotBlkSect: LOT: BLK: SEC: Multiple Lots: - PlatCabSlide: PL: 2 SL: 48 Units: 0 Deed Date: 06/19/2014 BkPg: 1961/0396 1 111 ' . 11• 05/11 Property Use: WHOLESALE DISTRIBUTION 105 HWY 264 BUILDING USE and FEATURES Building Value: $39,900 — —� Building Use: RETAIL SINGLE OCCUP Exterior Walls: Actual Year Built: 1988 Full Baths: Half Baths: Bedrooms: Heat -Fuel: Heat -'Type: Finished sgft for building 1: 1299 Air Conditioning: Total Finished SgFt for all bidgs: 1299 YA MISCELLANEOUS USE Miseyalue: $0 LAND USE. J' Land Value: $41,900 Land Description : 16-Commercial Other Water Frnt TOTAL LAND AREA: 9000 square feet Total Value: $81,800 'Values shown are Next Year Values on file as of 8/21/2015 Rl)dl')M 5 C `? NAME:illfl*s �(� he ADDRESS' Z IV L���t)� CITY: zr r_ _STA ZIP2L' `"t RE, To Whom It May Concern: This correspondence is to notUy You as a riparian property owner that a CAMA Major permit to DATE: C � np UH OCT 2 9 2615 DISTRIGY 0f rj�'E is lqor 1 3f 0 2015 I. which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activitY, please mark the appropriate statement below and return to: i .Yi, I'�ir.P,�llt �y as soon as possible. -, If no comments are received within 3o da s of recei t of this notice, it will be considered that you have no comments regarding this mark the appropriate statement below and send your correspondence to the NC project. If you have objections or comments, pleasehavequestions zabeth City,you do Division of Coastal Management at 1367 US HWY 17 S., Eli . orthe 'vis on of CoastaltoManagement at252-264-3901. not hesitate to contact me at 96 a- `� 5�K 17 RECEIVED NOV 3 0 2015 I have objecti01109 ��"'TY WAIVER SECTION I understand that a pler, dock, mooring pilings, boat rampa, breakwater, boathouse, lift must be set back a minimum distance of ck, you must initial the appropriate blank below.) from my area 01 riparian access unless waived by me. (it you wish to waive the setb Y a ✓ I do wish to wave the 15' setback requirement. I do not wish to waive the 15' setback requirement t�._c< aEJfe�_ n Uate Name Adjacent L Mailing Ad ress and( Email Address C o? % rb phone Number 10/10 39Vd 1000N 6EZVTEEZGZ 89.01: 9TOZ/0E/01 2 DATE: (m NAME: ' d A IC QaCh A44LTI i0 Ffwv a6� annRl=ss. 6 CITY: ' iiiA STA zip V-7M RE: {PROJECT -NAME) " To Whom It May Concern: nn This correspondence is to notify you as a riparian property owner that a V (r% is applying for {insert property owner name or cc „party) a CAMA Major permit to {insert project on property located at �� 5 U3 f I'^' N ' 14111 t d w `(w'*� c �7 ) (insert p operty address / county) which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: 1,u K, h t 49 t -�— as soon as possible. {insert name of If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 1367 US HWY 17 S., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at a 5.1 aF76-W/7 (insert phone number) or the Division of Coastal Management at 252-264-3901. .. U� I nave no ooiecaon to me protect as aescrioeu. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift 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.) I do wish to waive the 15' setback requirement. Name Signature 2X& A J'5ue Z iYe, Mailing Address and/or Email Address I do not wish to waive the 15' setback requirement. Date .3, OECEIVED Phone Number NOV 3 0 2015 DCM- MHD CITY BOOK 1961 PAGE 396 (3) 700000074 1IIIIIIIlidlllhllllill Recorded 06/1912014 05:01:16 PM By'. Andrian TdeO Vanzolla McMurran-Smitl4 Register of Deeds,... _ Dare County. NC Fee A" $26 00 NC Excrse Tax'. $170.00 APPROVED DARE COUNTY TAXi4_' COLLECTOR NO. ;E Prepared By And Return To: Linda H. McCown, McCown & McCown, P.A., PO Box 729, Manteo, NC 279A Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. DARE }sy, REAL ESTATE " �• Land Transfer Tax No: COUNTY TRANSFER TAX Land Transfer Tax: S850.00 Excise Tax:$170.00 LT I-141-1 NORTH CAROLINA, COUNTY OF DARE PARCEL #023985000 Brief Description for Index: Metes & Bounds Parcel (Fish House) on 105 Hwy 264, Stumpy Point NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this the 19th day of June 2014, by and between David Lane Midgett and wife, Karen Gibbs Midgett, and Stephen Allen Midgett and wife, Lynn Evans Midgett, Grantor, of 106 Highway 264, Stumpy Point, NC 27978, and Jonathan Luke Midgett and wife, Trudy R. Midgett, Grantee, of 184 Bayview, Drive, Stumpy Point, NC 27978; The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated near the Village of Stumpy Point, Croatan Township, Dare County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and made a part hereof The Property hereinabove described was acquired by Grantor by instrument recorded in Book 1529 at Page 258, Dare County Registry. All or a portion of the property herein conveyed does not include the primary residence of the Grantor. OCT 2 9 [115 0 o �OORR �O ON z 04 W m r+ RECEIVED NOV 3 0 2015 65 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that the Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property herein above described is subject to the following exceptions: Easements and restrictions of record. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. � p � Seal) ,�_A,�d�.e �✓ %/l �ai (Seal) David Lane Midgett Step en Allen Midgett Karen Gibbs Midgett LLy n Evans M�� STATE OF NORTI I CAROLINA COUNTY OF DARF. I Penny C Beasley , a Notary Public of Tyrrell County, State of North Carolina, certify that David Lane Midgett and wife, Karen Gibbs Midgett, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal or stamp, this 19th day of June 2014. Seal -Stain - v e PENNY C. B7LE Notary Public NOTARY PMy commis ' n expires: 12-10-14 Tyrreli C Nwth Ca ldll Ownti ssion Expl STATE OF NORTH CAROLINA COUNTY OF DARF, I Penny C Beasley , a Notary Public of Tyrrell County, State of North Carolina, certify that Stephen Allen Midgett and wife, Lynn Evans Midgett, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal or sajms 19th day of June , 2114. (Seal -Stamp) Public -14 PENNY C. BEASLEY My commission pines: 12-10 NOTARY PUBLIC Tyrrell County P'onh Carolina ' my commission Expires Dec. 10, 2014 N EXHIBIT A All that certain parcel of land together with the improvements thereon, lying and being near the Village of Stumpy Point, Creston Township, Dare County, North Carolina, containing .17 of an acre, more or less, and being more particularly described as follows: BEGINNING at the Northwesterly corner of said parcel of land, which corner is marked by an iron stake and which comer is distant South 21 deg. 15 min. East 70.5 feet, more or less, crossing U.S. Hwy. No. 264 from the concrete monument marking the Southeasterly corner of the Stumpy Point Fire Tower Tract; thence South 56 deg. 45 min. East 15.6 feet, more or less, to a point on the bank of the canal; BEGINNING at the said Northwesterly comer, thence along the Southeasterly boundary of the right-of-way of U.S. Hwy No. 264, South 38 deg. West 67.8 feet to an iron stake, South 40 deg. West 64.5 feet to an iron stake, South 41 deg. 35 min. West 52.8 feet to an iron stake South 42 deg. 15 min. West 25.5 feet to an iron stake; thence South 8 deg. 45 min. East 31.0 feet to the piling at one end of the sea wall; thence South 87 deg. East 34.0 feet to the piling at the extreme Southeasterly comer of said parcel of land; thence along the bank of the canal in a Northeasterly direction to the point of the canal described in the first call hereof; said parcel of land shown on a plat thereof entitled "Map of a Tract of Land belonging to West Virginia Pulp and Paper Company about to be conveyed to Mr. Calvin Payne, Stumpy Point, N.C., located in Croatian Township, Dare County, North Carolina. Scale 1"=30. Surveyed by John D. Earle, R.L.S., 2 December,1953." Nov 3 p P015 L)CM_ MHD CITY Search/View/Find - Inquiry by Owner Name Results Page 1 of 2 Search by Owner Name Results • PARCEL DATA SHEET • BUILDING PHOTOS • TAX BILL • TAX CERTIFICATION Parcel: 02401800i PIN: 976210468930 Location:189 BAYVIEW DR District: [16] STUMPY POINT Subdiv: [0000] SUBDIVISION - NONE Lot -Block -Sect: LOT: BLK: SEC: Multiple Lots: - Living Units: o Plat -Cab -Slide: PL: SL: Status: ACTIVE Owner: MIDGETT, JONATHAN LUKE Owner: MIDGETT, TRUDY ROSE Address:184 BAYVIEW DR STUMPY POINT NC 27978 Ownership: PRIMARY - l00% Nature of Ownership: EUX Deed Date: o8/07/2012 Bk/Pg:1904/0465 PUSE: [oolo] VACANT LAND (PRIVATE) Billing Values Next Year Values* Land: 20,500 Land: 20,500 Building: 0 Building: o Misc: 0 Misc: 9 Total: 20,500 Total: 20,500 ********** END OF RECORD ********** (data file last updated on 11/23/2015) *Next year values on file as of 11/23/2015 • PARCEL DATA SHEET • BUILDING PHOTOS • TAx BILL • TAX CERTIFICATION Parcel: 023985000 PIN:975216749227 Location:105 HWY 264 District: [16] STUMPY POINT Subdiv: [0000] SUBDIVISION - NONE Lot -Block -Sect: LOT: BLK: SEC: Multiple Lots: - Living Units: o Plat -Cab -Slide: PL: 2 SL: 48 Status: ACTIVE Billing Values Land: 41,900 Building: 39,900 Misc• g Total: 81,800 Owner: MIDGETT, JONATHAN LUKE Owner: MIDGETT, TRUDY ROSE Address:184 BAYVIEW DR STUMPY POINT NC 27978 Ownership: PRIMARY - t00% Nature of Ownership: EUX Deed Date: o6/19/2014 Bk/Pg:1961/0396 PUSE: [2200] WHOLESALE DISTRIBUTION Next Year Values* Land: Building: Misc• Total: RECEIVED NOV 3 0 2015 DCM- IV HD Ci 41,900 39,000 0 81,800 httn://www.darenc.com/Dublic/TaxingOwnerRsits.asp?owner=MIDGETT, JONATHAN ... 11/24/2015 Search/View/Find - Inquiry by Owner Name Results Page 2 of 2 •r*■rrr*** END OF RECORD ***■*•rrr* (data file last updated on 11/23/2015) *Next year values on file as of n/23/2015 • PARCEL DATA SHEET • BUILDING PHOTOS • TAX BILL • TAX CERTIFICATION Parcel:024018000 PIN:9762o7584oii Location:184 BAYVIEW DR District: [16] STUMPY POINT Subdiv: [0000] SUBDIVISION - NONE Lot -Block -Sect: LOT: 184 BLK: SEC: Multiple Lots: - Living Units: t Plat -Cab -Slide: PL: I SL:26 Status: ACTIVE Owner: MIDGETT, JONATHAN LUKE Owner: MIDGETT, TRUDY ROSE Address:184 BAYVIEW DR STUMPY POINT NC 27978 Ownership: PRIMARY - L00% Nature of Ownership: EUX Deed Date: o8/07/2012 Bk/Pg:1904/0465 PUSE: [oioo] RESIDENTIAL Billing Values Next Year Values* Land: 50,800 Land: 50,800 Building: 246,000 Building: 246,000 Misc: o Mim Q, Total: 296,800 Total: 296,800 ********** END OF RECORD ********** (data file last updated on 11/23/2015) *Next year values on file as of 11/23/2015 Dare County Government 954 Marshall C Collins Dr PO Box i000 Manteo NC 27954 Phone: 252.475.5000 RECEIVED NOV 3 0 2015 DCM- MHD CITY http://www.darenc.com/public/TaxIngOwnerRslts.asp?owner=MIDGETT, JONATHAN ... 11/24/2015 MAJOR PERMIT FEE MATRIX Ap0cmt: �'I l ' + ' Selection Development Type Fee % DWQ % (14300 1601 1625 6253) ;435100093 (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 10$250) 0% ($0) involve the filling or excavation of any wetlands or o an water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit ANNEENEENE III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0%($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) fil can be applied: III(C). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ( 160 3490 (see attached) could R EC E �V D be applied, but DCM staff determined that additional NOV 3 0 Z015 review and written DWQ concurrence is needed because of concerns CM- M H D CITY related to water quality or aquatic life: III(D). If General Water ❑ Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that Elinvolves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or fil open water areas: LKEe,K -1- 3573 -- (4 1/21/1�- - N ," F,%ku,Q,5 1(a(I ii "`This is a word processing form to be completed in Microsoft Word""" I NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: Date:11/18/2015 i Project Site County v 2 Staff: District: Iizabeth City ElWashington fr�Q I I ❑Morehead City []Wilmington Project Name: Rover File: as complete" in the Field office Permit Authorization: CAMA Dredge & Fill §4R3oth SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes qNo Photos Taken: Yes 0 NoD Setback Required (riparian): Yes No Critical Habitat: Yes o Not Sure 15 foot waiver obtained: []Yes lNo HazardNNpptification Returned: ❑IYes No SAV: Yes Q,No ❑Not Sure Shell Bottom: Yes PNo E3Not Sure Temporary Impacts: Yes 5INo Sandbags: ❑Yes LJNo Ll Not Sure Did the land uV classification come from Mitigation Required (optional): county LUPYes ❑No ❑Yes '[]No Moratorium Conditions: ❑Yes LANo Environ ental Assessment Done: []NA[]YesPNo []NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) 0 Swamp Waters (SW) High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre . $475 Permit Transfer - $100 tKIII(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request • 0 11. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 I. Private no dredge and/or fill - $250 El III(C) Priv. public or comm w /D&F to 1 N O V 3 U 244,E acre; 3490 can be applied; DCM needs DWQ agreement • $400 252.808.2808 :: 1-888-4RCOAST :: www.ncceastalmnnaaemant.net revised: 02/15110 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: O -Jftc. Date:11/18/2015 d Describe belowthe ACTIVITIES that have been applied for. All values should match the dimension order. and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose ChOoose Dimension 1 Dimension 2 Dimension 3 Dimension 4 Oneb U-I j�+CO WorkNew Replace Maint❑ N New Work Repla e ter Maint❑ ❑Y ON as . New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work EF Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace ENED Maint ❑ ❑ Y ❑ N New work 0 Replace NOV 3 Maint ❑ ❑ Y ❑ N HD CI DCM- M revised 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) 661 Applicant: kJ Date:11/18/2015 b 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 ternim acts) 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 `Dredge ❑ Fill ❑ Both ❑ Other ❑ �� l Dredge ❑ Fill ❑ Both ❑ Other ❑ �- Dredge ❑ Fill ❑ Both ❑ Other ❑ IL" .�/ Dredge ❑ Fill ❑ Both ❑ Other �33� f i unc, Dredge ❑ Fill EJP Both ❑ Other ❑ It Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED NOV 3 0 2015 DCM- MHO CA ry 252-808-2808 :: 1-888-4RCOAST :: www.nocoastalmananement.net rovlsad: 02115110 lisivti,00ramawr:1-7 MAILING DISTRIBUTION SHEET rermtt 4F: _IC DCM Field Offices Ozabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCW Fisheries Specialist NC DOT: DMF/ Shellfish Sanitation: State Property: Water Resources: Washington: Washington: DEMLR Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings). Raleigh Bland-; William Westoott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley Liz Hare Menee Gledhill -Early Diane Williams (WIRO) Joey White (WARD) eree Staples gg Bodnar Patti Fowler Ohannon Jenkins Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Joanne Steenhuis — 401 Chad Coburn - 401 Scott Vinson-Stormwater Georgette Scott- Stormwater Maria Dunn Fax Distribution: Permitee Agent #:_ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Jonathan Luke Midgett 2. LOCATION OF PROJECT SITE: 105 US Hwy 264 Stumpy Point, Dare County on Stumpy Point Bay Photo Index-2000: 176-1969 (R,16) 1995: 176-1824 (Q,10) State Plane Coordinates - X: 35.697177 Y: 75.772878 (Stumpy Pt Quad.) 3. INVESTIGATION TYPE: CAMA, D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/29/15 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received Complete — 11/12/15 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification From LUP - conservation (B) AEC(s) Involved: EW, PTA, PTS RECEIVED (C) Water Dependent: yes (D) Intended Use: commercial DEC 0 S Z015 (E) Wastewater Treatment: Existing - municipal Planned - none DCM- MHD CITY (F) Type of Structures: Existing — fish house, docks, bulkhead Planned - new fish house, new docks and pier, new bulkhead (G) Estimated Annual Rate of Erosion: none Source - applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED nTHFR (A) Estuarine Waters, PTA 1840 sq ft 732 sq ft (shade) (B) Estuarine Shoreline 2,400 sq ft 3,960 sq ft disturb (D) Total Area Disturbed: 8,932 sq ft (E) Primary Nursery Area: no (F) Water Classification: SA Open: no 8. PROJECT SUMMARY: The applicant proposes to demolish an existing dilapidated fish house and associated docks and build a new fish house, new docks, pier, and replace sections of existing bulkhead. Field Investigation Report Page 2 Project Settinq The proposed project is located at 105 Hwy 264 in Stumpy Point, Dare County. The project site is adjacent to Stumpy Point Bay which connects to the Pamlico Sound. The property is approximately 7,468 sq ft and has approximately 288 ft of bulkheaded shoreline. The elevation of the property is approximately 3 ft above normal water level (NWL) and is mostly developed with a building and a gravel parking area with very little vegetation which consists of typical lawn grasses. Existing man-made features on the tract consist of an old dilapidated fish house, wooden shoreside docks that run the length of the property, and bulkheading. The adjacent property to the north is developed with an abandoned fish house and to the west of the property is Hwy 264 bridge. No previous permits are known to have been issued on the property and there are no known areas of archaeological significance associated with the property. The waters within Stumpy Point Bay are classified as SA HQW waters and are closed to shellfish harvesting in the area adjacent to the project site. The water depths in the project area range from 3.5 ft to 8 ft. Development Proposal The applicant proposes to demolish the existing fish house and construct a new fish house in the same general footprint but with a slightly different configuration. The existing fish house is approximately 2,098 sq ft. The new fish house would be a prefabricated square metal building with 2,400 sq ft. The applicant also proposes a 10 ft by 40 ft roof overhang over the existing dock adjacent to the building to facilitate the unloading of fish. The applicant proposes to replace sections of existing damaged bulkhead. A 95 ft section at the northern end of the property would be replaced at a maximum of 5 ft from NWL and maintain an average of 2 ft from NWL. The applicant would also replace the bulkheading adjacent to the new proposed building. This section consists of 169 ft of new bulkheading. Adjacent to the existing bulkheading there is existing broken concrete, rip rap, and debri that extends waterward approximately 5 ft from the existing bulkhead in many places. The applicant proposes the new bulkhead alignment at a maximum of 12 ft from NWL and an average of 6 ft from the existing bulkhead to enable the bulkhead construction without removing all the existing rubble and debri. The applicant then proposes to repair/replace all the existing wooden slatted decking adjacent to the building and the shoreline. The applicant does not propose to add any additional shoreside decking at this time, only replace and repair what is there. The existing parallel shoreside docks allow for three vessels to be moored. The project proposal also includes the construction of a 6 ft by 122 ft pier. This pier structure would allow for 5 additional mooring slips. This pier structure would begin on the southern most portion of the property and extend out 22 ft then make a 90 degree turn and extend out for an additional 100 ft. The waterbody is approximately 450 ft at its most narrow point. RECEIVED nFr082015 Field Investigation Report Page 3 Anticipated Impacts The proposed project will result in the disturbance of 2,098 sq ft of Estuarine Shoreline Area of Environmental Concern (AEC) associated with the demolition of the existing fish house. The construction of the new fish house will result in the new structure occupying 2,400 sq ft of Estuarine Shoreline AEC, with 1,590 sq It of the structure within the 30 It buffer. The existing fish house structure currently occupies 1,576 sq ft within the 30 ft buffer. The project would also result in the filling/disturbance of 3,960 sq It of Estuarine Shoreline AEC, and the filling of 1,840 sq ft of Estuarine Waters Public Trust AEC with the construction of the bulkhead. The existing site has 44% lot coverage and with the new structure and bulkhead alignment there would be also be 44% lot coverage with no significant increase. The proposed pier would shade 732 sq ft of Estuarine Waters Public Trust AEC and provide 5 additional mooring slips for a total of 8 slips. Submitted by: Kelly Russell Date: 11 /23/2015 RECEIVED DEC 0 8 2015 DC"- MHD CITY I IN MP-1 APPLICATION for Major Development Permit (last rovlsed 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First NaJpe MI Last Name (% Applicant 2:. First Name MI Last Name ff additional applicants, please attach an additional pages) with names listed. Mailing Address jg 'YtAiv� RA PO Box state C LP �--r 7� ` Country Phone No. ext FAX No. Sheet a 5 (tfw n7 V e, 5t�.trry-Ri t �t1 vc Zlot 7 ,97Y Email 2. Agent/ContractorInformation Business Name Agent( Contractor 1: First Name MI Last Name Agentf Contractor 2: First Nam MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Ptxxre No. 2 - - ext. FAX No. Contractor# Street Address (d different from above) city State ZIP Email <Form continues on back> :D DCM- MHD UTY 252-808-2808 :: 1-888-41RCOAS-r :: •n. w-niccoaskalmanagement,nel Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (ca� ultiple) YG Street Address —r _ _ _.. - ._ J0f 'L6 State Rd. # Subdivision Name city State ZJp Nru Phone No. Lot .(s) (if many, attach additional page with list) - - ext. I I I , a. In which NC river basin is the project located? b. Nam y of er nearest to proposed project 5 47,P1411I ZJ c. Is the water body kientified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural ❑Manmade []Unknown —PWd NCO S cluYJ e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes f No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) �8 > 58 b. Size of entire tract (sq.ft.) '14w ft c. Size of individual lots) A . ` Q. d. Approximate elevation of trail above NH normal high water) or NWL (normal water level) Acill . (ff many lot sizes, please attach additional page with a list) ❑NHW m QNWL e. Vegetation on tract Wild yasses f. Man-made features and uses now on tract Jp►sh bust, c orA,6 bleaI4) cof1cw4c, 5la.lbiscp+c, s(/s4em g. Identify and describe the exisfing land uses ad acent to the proposed project site. comrnuG�1 fish hour/d«-k h. How does local government zone the tract? ^^ e�i� co I. is the proposed project consistent with the applicable zoning? (Atfagh zoning compliance certificate, if applicable) .�-, TCes ❑No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes No k Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes No []NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes5040 National Register listed or eligible property? 'P E C E I V <Form continues on next page> DEC 0 8 2015 DCM- MHD CITY a Ifi 252.80E-280a .. 9-888-41RCOAST .. w+.v w.rucc sastalman agerneat. sie8 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? []Yes R60 (II) Are there coastal wetlands on the site? - - []Yes IDNo (lii) If yes to either (i) or (it) above, has a delineation been conducted? []Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. et COMA-4.i-elj •Fa.01( o. Descdbe existing drinking water supply source. C — 'J-Y W Gt'f'r. p. Describe existing storm water management or treatment systems. rk 1 a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment C Oi1�.me-ru t�l ❑Private/Communtty b. Give a brief description of purpose, use, and daily operations of the project when complete. Comnto rcial -F sh houSP- 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. bmt-kkoc ^ � P' cal GVKJ+' A �Lr�l'� me odf cL r,o� -� ca p• d. List all development activities you propose. Cbtl in 1Qcp— Eta L►teA 1_ 10. ryeLiY ux� do�1�S�denwlisit tX'sti d�lnda�;ed struciui'e� new 6uild;n9�C>Dnstruc� hew •p;er- e. Are the proposed activities maintenance of an existing project, new work, or both? I. What Is the approximate total disturbed land area resulting from the proposed project? 5100 Si ft MSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes JQNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the stale. 11clie, I. Will wastewater or stornwater be discharged into a wetland? []Yes No DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes kNo ❑NA j. Is there any mitigation proposed? []Yes Flo ❑NA If yes, attach a mltigation proposal. • �rvr <Form continues on back> DEC 0 8 2015 252-808-2808 ,. 7-88S-4RCOAST -. wwmr,raccoasiafmanagem �ni:n� trtit'=' Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any ma/or 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, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 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 Phone No. Address Name Phone No. Address 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. h. Signed consultant or agent authorization form, If applicable. 1. Wetiand 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),'r necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act 17. Certiftation and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the Development described In the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify at th information provided in this application its truthful to the best of my� k(noJy��edg�ei. Date 7 � Print Name VOYIVAxn e /�"t/S�C11,.,.,,,- Please indicate application attachments pertaining to your proposed project. E]DCM MP-2 ❑DCM MP-3 Upland Devel pmtlentation and Fl Infortnation Q-Gi�fiQgaspgd []DCM MP-4 Structures Information C' `/ 15 J DEC 0 8 2015 DCM- MHD C HEi 1 l_1/L.ltif L.D zsz-ada•aaos :: 1-sae-41taoAsa :: www.ra<cnas:almanayefxae-�t:at9R ^•... Russell, Kelly r b k M I p G C7-7� From: trmidgett@charter.net Sent: Monday, June 29, 2015 1:47 PM To: Russell, Kelly Subject: stumpy point fish house, We purchased the property last year and would like to have a working fish house in our community. The building is to far gone to do repair work so we would like to tear down and start fresh. We plan to fix busted bulked head, rebuiled docks, and put up a new building. Once we have the building in working order we plan to buy seafood from the fisherman in the community and out of the area. We would be able to provide dockage and make fuel accesable to the boats. It would provide several jobs and help boost our local economy. Now all the fisherman have to haul there catch an half hour away each day and some have to haul fuel, ice, and bait back also. It would also provide fresh seafood for the public in our area. Thanks, Luke Midgett RECEIVED DEC 0 8 2015 Drko- �,4Hr ,� �Y Form DCM MP-2 NOV 12 2015 EXCAVATION and FILL _- (Except for bridges and culverts) Attach this form to Joint Application for LAMA 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. nneMha helnwr the nuroose of Dr000sed excavation and/or fill activities. All values should be given in feet. Other Access Channel Canal Boat Basin Boat Ramp Rock Groin Rock rea Bkwater (excluding shoreline (NLW or stabilization NWL Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION' Whis section not applicable] a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL _ ❑None (if) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? []Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (Sal, or other wetlands (WL)? If any boxes are checked, provide the number of square fast affected. []CW _ []SAV ❑SB ❑WL _ []None (it) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. CVhis section not applicable b. Dimensions of disposal area. d. (1) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA (if) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes []No ❑NA (it) If yes, how much water area is affected? RECEIVED DEC 0 8 2015 DCM- M 252-808.2808 :: 1-88B.4RCOAST :: www nccoastatmananement.ne! revised: 12126106 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION El This section not applicable (If development is a wood groin, use MP-4 — Structures);.: a. Type of shoreline stabilization. b. Length: ((Bulkhead ❑Ripmp ❑Breakwater/Sill ❑Other. _ Wig: Z c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: 5pt. laP. e. Type of stabilization material: f. (I) Has there been shoreline erosion during preceding 12 V' VIV I months? ❑Yes 0o ❑NA (it) If yes, s to amount of erosion and source of erosion amount Information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. ^I Bulkhead backfill,Jgru Ripmp_ CI-f.o r) -Fj � I (� I Imo- 5c' YCI Breakwater/Sill Other _ 1. Source of fill material. 4. OTHER FILL ACTIVITIES This section not applicable (Excluding Shoreline Stabilization) 4 a. (i) Will fill material be brought to the site? []Yes []No ❑NA b. (i) Will fill material be placed in coastal wedands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (it) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area ❑CW ❑SAV _ ❑SB (iv) Purpose of fill OWL ❑None (it) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled9 backhoe, or hydraulic dredge)? ftrt:t bQck�.oe-- c. (I) Will navig tional aids be required as a result of the project? ❑Yes YNo ❑NA (it) If yes, explain what type and how they will be implemented. Date ?1 L-%.d L. C s i e f It D—t,Lst- Orr 0 8 M9 Project Name R�HD Ct 4 d. (i) Will wetlands be c{ossed in transporting equipment to project site? ❑Yes o ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808 a 11-8884RCO"T c www.nccoastalmanaaemenlnet revised: 12126106 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) E,�f... NOV 12 2015 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. UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-dlsturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes PONo ❑NA (11) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by Impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or padding. excs irn- �} Tolo iJ Ai 'k1A (W )DAUosl c txnrrt�ent 4010 I. Give the percentage of the entire tract to covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, onto be used for vehicular driveways or parking. J PYI haq �ciq% ?rnpoSFCI ` I' 10c� �0 j. Describe proposed method of sewage disposal. rnlinicipal 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, Vash down' and residential discharges). n one. b. Number of lots or parcels. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (I) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes (oNo ❑NA (11) If yes, list the date submitted: It. Have the facilities described in Item(!) received state or local approval? ❑Yes [%No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes WNo ❑NA If yes, attach appropriate documentation. RECEIVED DEC 0 8 2015 DCM- MHD 252-808-28082 n 1-888-4RCOAST :: vvv nccoastalmanaoementnst revised: 12126106 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) . CoIn. muhiitl o. When was the lot(s) platted and recorded? n. (1) Will water be impounded? ❑Yes ONo []NA (ii) If yes, how many acres? p. if proposed development Is a subdivislon, will additional utilities be Installed for this upland development? Oyes E�No �(NA 252-808-2608 :: 1.888-4RCOAST :: www.neaoastatmanaaement.net revised: 12/26/06 Form DCM MP-4 STRUCTURES ti OCT 29 2015 --- — r%T (Construction within Public Trust Areas) - Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1., Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. 0) Is the docking facility/marina: *Commercial ❑Public/Govemmenl ❑Private/Community []This section not applicable b. (i) W�i/lltpa facility be open to the general public? Ye�'es ❑No c. () Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes 1ZNo (if) Number If yes: Oil) Length r (if) Number (iv) Width (d, (Ili) Length (v) Floating ❑Yes [�No Gv) Width — (v) Floating ❑Yes ❑No e. (1) Are Platforms included? []Yes Efo f. (1) Are Boatlifts included? []Yes ©No H yes: - If yes: (it) Number (11) Number Oil) Length 011) Length — (Iv) Width (iv) Width (v) Floating []Yes []NO Note: Roofed areas are calculated from dripline dimensions. g. 0) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or mil, repair or — maintenance service (ii) Number of slips existing ❑Dockage, fuel, and marine supplies — � Rt;ckage (,wet slips") only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ other, please describe: I. Check the proposed type of siting: ❑ Land out and access channel []Open water; dredging for basin and/or channel Open water, no dredging required Other, please describe: k. Typical boat length: m. (1) WiII�e facility have be pilings? [gyes []No (it) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter [oats, sail boats, mixed types). _-trWe1�2r5 CCarnntX,rei �S�ItiL� rJOCL�S I. (1) Will facility be open to the general public? Will ❑No RECEIVED DEC 0 S 2015 DCM- MHD CITY ps2-at!8-2eoa :: 9-aaa�iRCtaAST :; W-M ',, m�cGo'1s!a1.:aana4a6`m-nt.nOt ;Avi-:m+d: ?;L27fDB iFf,),P„ � 33 ,-N IMP-4 VS as, -a&ia d rot 4) Z DOCKING FACILITY/MARINA OPERATIONS *his section not applicable >11r a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers '. ❑ Boatholding tank pumpout; Give type and location: I b. Describe treatment type and disposal location for all sanitary wastewater. - 9 U _ c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of 'No Sewage Discharge' signs proposed. (it) Give the location and number of'Pumpoul Available* signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed o% h. Give the number of channel markers and "No Wake' signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? r� DEC 0 8 m5 I. If this project is an expansion of an existing marina, what types of services are currently provided? DC M- M H D CITY 252-808-2808 :: � %Irn ,rao?vised: 12t27/06 • 'i^�xis2 tJ'�.^,1� ?4fl?' <3 {5�:^_za��a�, ;'aa�e s of .d) m. Is the marinaldocking facility proposed within a primary or secondary nursery area? � '�• I - ` ' � ❑Yes �&No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? - .. Dyes pp No o. Is the mari n a/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.- ❑CW _ ❑SAV ❑SB _ ❑WL _ ®None p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? ❑Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) JPThis section not applicable I a. (1) Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑Private/Community (II) Number (III) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. if a rock groin, use MP-2, Excavation and Fill) OThis section not applicable a. (i) Number (if) Length (!if) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 'This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS ipis section not applicable a. Is the sbucture(s): ❑Commercial ❑PublictGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, If present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DEC 0 S 2015 DCM- MHD C17Y 252408-2808 ;:1-361,4RO AST:: vvww eccoa-3aimaoaaemen$.neY mvis`--d; 12127105 4 ym ''W,-M ? -F-4 1v na almwas, PP j,e 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines ti 509 - Note: For buoy or mooring piling, use am of swing including length of vessel. c. Width of water body -W. al,- mos4 narrow poin+ 0-504. e. (i) Will navigational aids be required as a result of the project? []Yes $1No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at waterward end of structure at NLW or NWL I & OTHER []This section not applicable a. Give complete description: akahs Date Proiect Name RECEIVED DEC 0 8 2015 DCM- MHD CITY 252-SOR-2a9S :: 3-SeS-4RCOAS; :c wrrn,ncenasta3areanagamenQ,area rz:i�s.;9: '7; 1".-r-:y ' STUMPY POINT AREA PROHIBITED TERR ITORY ArPA 14_1 (Man 1 O) (Prohibited areas are hatched) COUNTY: DARE Lake. ,._, Worth Old % Stumpy Point Point % I Bay 6 i ILL 5 Drain Point 7 S Kazer Point 5 H-3' e' 35, 4U N - -- - v Designated A-t identifler Shellfish Harvaing & boundary .. - Areas Prohibited boundary _. Areas area locator map h MADNC State 3 stow p 0Soo 1200 y9N3 8 Pamlico Sound a B HEM 9 Wild Boar Point i- e 8 RECEIVED e DFC 0 8 2015 r i� Poles I I 0 Cd C ram x. Map ] 0 l�r'r' nriL n Ur ivu AREA DESCRIPTIONS.) AUBEMARLE I . TYRRELL CO. SOUND MASHOES •LEGEND I . FILE NO.; U.S. 64/204 ex. PIPE I � 0604472 - EX. REBAR MANTEO SURVEYED:, Q - REBAR SET 68/16/08 MS ®- EX. CONC.MON. g US 64 DRAWN: - CONC, MON. SET I o p oYy ®- EX, P/K NAIL ;-CONCRETE PAq 08/24/06 BRU A = P/K NAIL SET, ENCROACHES R/W CHECKED: BARE CO. c - SEWER SERVICE 5.1' 09/18/(f6 MRM ROANOKE ®' - WATER METER R 1S 10 - PHONE PEDESTAL '� I SCALE: 1" -,20, ' SITE - C-A.T.V. UTILITY POLE HYDE CO. STUMPY q�..y(� GUY WIRE "Gl SHEET HO• POINT PAMUCO t/ - FIRE HYDRANT SOUND - ELECT. TRANS. - ,. A VICINITY MAP (NTS) �d%a OF 1 SHEE NIQ FUEL NoOi IN, 17 p 0 �M 1 DDBB y u'u^wu++kM..:tidrlw'wi•::: !!:N't�F� C Y} t. OCT 3 0.2.015 c r" V Q C� /�, ... _ ... ..... GRAVEL `11' I � i J 41 11 J. r , D CI 00 I b 0 "(3 o c:pn.w .D.1 1 c g tl!a o"-F 9 F, n q.g• NE STORY ' Li 7BUILDING w ` 0' ON PILINGS BUILDING S ENCROACHES ,�.+'+ A •; i- R/Y"1 0.1' Z-A y . N • i STEPS ENCROACHES v +' ' J . „ S�zu yy•t ��3 . CALCULATED POIN ;0 WATERSI ULKI •®(l,� N 220,733.837 0 901,555,230 [[�� 0.� 1 0i I O o• S CANAL 1 N a AN GQ pC :- THISRTHIS L _ P y f 'ATE T0.5. RtylON. --- + r•�.. N: 22Q732.795 M c a E: 901,549.599 M . 0 o A , oz $ ' 0 GRAPHIC SCALE m N 20 O 10 20 40 60 �,p+yy, @ d C.n :loll • ( IN FEET ) 1 inch 20 4t. AUREMARIZ SOUND TYRRELL CO. I 64/26+ BARE CO. ROANOXI ISLAND td td SITE HY06 CO. STUMPY PONT PAMUGO . SOUND 72 HIS E 257 I CD IT N I m EX. PIPE EX. REBAR 0 - RE13AR SET 0 - EX. CONIC. -MON. 0 - GONG. MON. SET A - EX, P/K NAIL - P/K NAIL SET, �--CONCRETE PAO -SEWER SERVICE ENCROACHES R/W - WATER METER - PHONE PEDESTAL _ C.A.T.V. UTILITY POLE GUY WIRE 10' - FIRE HYDRANT - ELECT. *TRANS. 41 0 D.- -OIL % I 4 r- r mo GRAVEL (0 fit IA N: o E: A ry ONE STORY 0�, BUILDING ON FILINGS BUILDING ENCROACHES R/W 0.1- a. 2 ,81 STEPS ENCROAC14CS R/W 3.3' 0,,3 ro GP ON. 220,732.795 M 901.549.599 M GRAPHIC SCALE IN FEET 1 inch 20 it. CALCULATED POINT 0 WATERSIDE OF BULK N22 837 M E: 73 1.230 m CANAL' 0604472 $URVEYFD-�8/16/06 MS 1. =,20, I 0 d TIRRELL CO. 1 WN 'RVISIGN; " THIS I ' 'ATE ' Wua O tl 4 �3 d 20 m 64/254 I -LEGEND - EX. PIPE Cr - EX. REBAR O — REBAR SET — EX. CONC. MON. — GONG. MON. SET ®— EX. P/K NAIL �—CONCRETE PAq - P/K NAIL SET, ENCROACHES RJW (— SEWER SERVICE ®- — WATER METER PHONE PEDESTAL '. - C.A,T.V. - UTILITY POLE --{- GUY WIRE �'- FIRE HYDRANT - ELECT. TRANS. , - 21 +0 i o Ica), j 111)1. �z�$nW1 F` A p W EY1 p O— G m N 0 �C BUILDING ENCROACHES ft/W D.I' ST EN R/ h W H n Q (n v / N: a tl E: A 4. Q tl 1q. i ` �NE UIL ,r /d6U,10-stl! N _ 4- GRAPHIC SCALE 20 40 ( IN FEET ) I inch 20 f't. FILE NO.: 0604472 I SURVEYED:, OS/16/06 MS DRAWN: 1)6/24/06 eRJ '. CHECKED: 09/76/06 MRM 1 SCALE: 1" =+20• SHEET N0. OF SHEE u i { ,�®';iKk54Yk+iFeCMir.:u'$�P 94}M..r'4sv'�Krp'y.,'.,T+!1.aYlij�f .• y' � (fi"••{y T'" g.'� 3p p A tea a \g F 5 f. C E i �ir �... P..J, OCT 3 0.2015 CQASTAL fJi.VAc;En' N1'� ' y\ ® WATERS CANAL 00 net, )tawlv ! ABEMARIE -... _ _ .. _.._.. . TYRRELL 00. SOUND I MASHCEs LEGEND I ' U.S. 64/264 FILE NO.: � — P.H. PIPE I 0804472 ®- EX. REBAR MauTEo SURVEYED: Q - RE1EX. CONIC. O SET 08f18/08 MS O g a qq,, ®. - EX. CON O . SE i g q ga - CONC. MON. SET I DRAWN: o - yy • A - EX. P/K NAIL 08/24/08 9RJ . —CONCRETE PAO ' a - P/I( NAIL SET . ENCROACHES R/W 4 CHECKED: 7 DARE CO. j - SEWER SERVICE 8:1• OgJ18JOS MRM •� ROANOXC ® - WATER METER { n ISLAND PHONE PEDESTAL I SCALE: j SITE 7 - C.A.T.V. UTILITY POLE HYDE Co. STUMPY —(.- GUY WIRE SHEET NO POINT PAMUCO �"- FIRE HYDRANT <r SOUND ®- ELECT. TRANS. VV . VICINITY MAP (NT$) I U. PAD:•..:".._ — '..FUEL, ANI(Sr-;":., . Q i -OCT 3 0, h 'a GY GRAVEL ,.. _... _..... m.. d ' v L1 2 m / D Cl N m nb. NO p N 0, '8.1 l w :Yl w I 0 v �m g•{' 9 } ONE STORY b 1 BUILDING a �� GPMN ,+ ON PILINGS x BUILDING r 'S BJN .. ENCROACHES R/W OX (V STEPS ENCROACHES s L12 W3.3Y0_ ..-_R J� J. i � I CALCULATED POINT ®WATERSIDE OF BULIy 220, 37 M '^`✓/ E: 901,559.25,5.230 M I aa °os CANAL ISION: '\DOG p2-' HIS F E I IGOaO N;G�GO..S,.RMON. N: 22 2595 M pPy��pp a a E: 901,549.599 M 4. C7m GRAPHIC SCALE 20 0 10 20 aq 80 -1 ( IN FEET I inch 20 it. ALBEMARLE I . TMRELL CO. SOUND I ' • MASNOES •LEGEND I+® . FILE NO.: U.S. 64/204 Ex. PIPE I 06O4472 EX. REBAR MANTEC SURVEYED0 < Q — REBAR SET 08/18/06 MS 5� ®- EX. CONC.''MON. g U'S. 84 y - CONC. MON. SET DRAWN: A - EX. P/K NAIL _CONCRETE PAq 06/24/06 BRU - P/IC NAIL SET. ENCROACHES R/W CHECKED: DARE CO. Sg(- SEWER SERVICE 8.1' 09/18/06 MRM u ROANOKE ®' - WATER METER a ISi.AND PHONE PEDESTAL I SCALE: SITE - C.A.T.V, 1' . - U1ILITY POLE HYDE Co. sTUMvr q'-y�- GUY WIRE �1 .�SH,FiZ'T IqQ• POINT PAMUCO v - FIRE HIDRANT SOUND ®- ELECT. TRANS, VICINITY MAP (NT$) of 1 Sx� .� �111 4 �'s+r..iwiuu3VeY.e.n.^. RfA4� .. 00 �' 4 W ! + . 9 OCT 3 0.2015 rcn GII[ ,ASTFlpJ6.,,Uli; c—,,EN," — 4mQl o ` I EULF:ti"M "_Y,w_ _t �.'N,.m• 'AEI �6� ✓ .p QY i. - ... ..... r' Q GRAVEL • ✓ 11 v a I�Cwn 1 / �i• J m � m _ENE STORY ;T wLDING w PILINGS BUILDING---' /' I,—,* ' ENCROACHES �^ .��'" R/W 0.1' . STEPS ENCROACHES 1. 9$ 3Jyyhr R/W 3.3' ' v �14 CALCULATED P01141 0 WATERSI ULKI / NN 220,733.837 g E: 901,555,230 M i CANAL WIN RVISION;, THIS 'ATE `GOYgO W.�'f0•WCRMON. -- r-•-••�/ N: 220,732.795 M a n 901,549.599 M �A " o� ppi�a .. CO ft GRAPHIC SCALE �`° 20 0 10 20 40 , 60 o_ `^® 0 f� ( IN FEET ) I inch 20 ft. ALBEMARLE ..__._..._.. SOUND TYRRELL 00. MASHOES LEGEND I ' U.S. 64/2e4 PILE NO.: — EX.. PIPE I � 0604472 - EX, REBAR SURVEYED: MANTEO , Q — REBAR SET OB/16/OB MS g 0.S 6e ❑ — CONC. MON. SET I DRAWN: $ o y • ® — EX, P/K NAIL 06/24/06 bRJ 0 - P/K NAIL SET . ✓—CONCRETE PAQ ENCROACHES RJW CHECKED: < DARE CO. a jc - SEWER SERVICE B.1' '• 09/18/OS MRM - ROANOKE ® WATER METER wISLAND PHONE PEDESTAL ` SCALE: y SITE �( - C.A. CV. CD� UTILITY POLE . HYDE CO. STUMPY '-C- GUY WIRE 1 •SHEET i!TO' POINT- PAMUCO FIRE HYDRANT Lr : s0uN0 �- ELECT. TRANS. ' VICINITY MAP (NT$) s:z k j OF sANICS IiEE I. .0 M 4 � �� a . 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