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99-15 Zwerling, Charles
Permit Class NEW t STATE OF ?,'ORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 99-15 Issued to Charles Zwerling 2709 Medical Office Place Goldsboro NC 27534 Authorizing development in Carteret County at adi. to Boyne Sound, 150 Headen Lane, Salter Path , as requested in the permittee's application dated 3/12/15 02-1) 9/15/15 (MP-4) incl attached workplan drawings (2) 1 of 5 dated 4/24/15 and 2 of 5 (cross -sections only) dated 4/24/15. This permit, issued on September 24, 2015 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 Je subject to fines, imprisonment or civil action; or may cause.the permit to be null ano voic. Docking Facility 1) This permit authorizes only the 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 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. 2) 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. (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, 2018 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 4C. avis, Director �Dlivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Charles Zwerling Permit No. 99-15 } Page 3 of 3 ADDITIONAL CONDITIONS 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 General Permit 197800056 (Action ID No. SAW-2015-01289), which was issued on 6/30/15. NOTE: The N.C: Division of Water Resources assigned the proposed project DWR Project No. DWR- 2015-0516. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. Permit Number 99-15 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 Excavdiion and/or filling pursuant to NCGS 113-229 Issued to Charles Zwerling, 2709 Medical Office Place Goldsboro NC 27534 Authorizing development in Carteret County at adi. to Bogue Sound, 150 Headen Lane, Salter Pathas requested in the permittee's application dated 3/12/15 (W-1). 9/15/15 (MP-4) incl attached workplan drawings (2) 1 of 5 dated 4/24/15 and 2 of 5 (cross -sections only) dated 4/24/15. This permit, issued on September 24, 2015 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, ect to tines, imprisonment or civil action; or may cause,tne permit to oe nuu anu vow. Docking Facility 1) This permit authorizes only the 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 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. 2) 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. (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, 2018 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton . avis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program, Signature of Petmittee Charles Zwerling 'Permit No. 99-15 Page 3 of 3 ADDITIONAL CONDITIONS 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 General Permit 197800056 (Action ID No. SAW-2015-01289), which was issued on 6/30/15. NOTE: The N.C: Division of Water Resources assigned the proposed project DWR Project No. DWR- 2015-0516. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The pern ittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. m� MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 20, 2015 Charles Zwerling 2709 Medical Office PI Goldsboro, NC 27534 Dear Mr. Zwerling: Donald R. van der Vaart Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on Bogue Sound in Carteret County. Site is located at 150 Headen Lane in Salter Path. It was received on May 1, 2015, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 15, 2015. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 1, 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. Zwerling May 20, 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 me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely,��y, lw Brad Connell Coastal Management Representative BC Enclosure cc: Roy Brownlow, District Manager Daniel Govoni, Asst. Major Permits Coordinator Douglas Guthrie, Authorized Agent po Connell, Brad From: Legals <legals@thenewstimes.com> Sent: Thursday, May 21, 2015 7:07 AM To: Connell, Brad Subject: Re: Charles Zwerling pub Importance: High This ad is set and scheduled to run on May 27, 2015 in the amount of $ 44.99. Proof: NOTICE OF RUNG OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby glues public notice ad resulted by NCOS 113A.119(b) Nat application far a development permit in an Area of Environmental Concern as designated undarthe CAW was received on May 1, 2015. Acc ing to said application, Mr. Charted ZmOng proposes to construct a 5-slip dacpng facility forcommemlal use at 150 Headen Lane In Salter Fear. A copy of the entire application may be examined or copied at the officer of Brad Connell, NC Division of Coastal Management, located at 400 Cammeroe Avenue, Morehead City, Ni (252) 808-2808 during normal business hours. Comments mailed b Braxton Davis, Director, DMslon of Coastal Management. 400 Commeme Avenue, Morehead City, N.C. 28557, prior to June 17, 2015, Wit be considered In making the permit decision. Later comments wit be accepted and considered up to the time of mumit decision. Project modification may occur based on reviewand comment by are public and state and federal agencies. Notice of the permit decision in tli a matter WIl be provided upon written mquest My27 On May 20, 2015, at 3:06 PM, Connell, Brad wrote: May 20, 2015 Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice — Charles Zwerling Dear Sir: Please publish the attached Notice in the May 27, 2015 issue of the Carteret News 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 Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Daniel Govoni, Asst. Major Permit Coordinator 2 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on May 1, 2015. According to said application, Mr. Charles Zwerling proposes to construct a 5-slip docking facility for commercial use at 150 Headen Lane in Salter Path. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to June 17, 2015, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: May 27, 2015 3 Email correspondence to and from this sender is subject to the N.C. Public Records Law and maybe disclosed to third parties. <Charles Zwerling pub.pdf> Judy Allred Legal Assistant - Carteret County News -Times 4206 Bridges Street 1 Morehead City, NC 28557 Phone:252-726-7081 ext. 207 Fax: 252-726-2653 Legals@TheNewsTimes.com - www.CarolinaCoastOnline.com Form DCMI MPS STRUCTURES (Construction witbin Public Trust Areas) f_ Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Applk;atlon that relate to this proposed pro)ed. Please Include all supplemental Information. E. (n Is the docking feollky/marinao ncommerclat (]PubilefGovv®rnment ElPdvate/canmumlly c. (r? Docks) antror pler(s) (i) Number 1_ , (iii)Length (Iv) Wltllh ,Lr (y) Floating (]Ye$ Z[No e. (1) Ara platforms fricluded? [7Yes FkNo N yes, (m Number (m) Length _ (iv) Width _-- (v) Floating []Yes EINo Note: Roofed arnas are calculated from )lpllna d%mensi0»a. g. (q Number of slips proposed (a) Number of slips 0XIsting _j i. Q;heok the proposed type of sllsrg: [l Land cvt snd accrsss channel []Open water; dradoing for basin and/or channel 00pen Weter, no dredpig reWired ❑other; please describe: k. Typicaj boat f�ilength: m. (i) Wit the lky have tits pilings? ElYes WNo .\ (h) Ryes nurnberot'tie pilings? b. 0) Will the facility be open to the general oubiic7 LI tqYes NO d. @ Ara Finger Piers included^•. My(-- []No If year (7 Number 3 r (ill) Length aLl (Id) Width (v) Floating OYea JQNo 'f, (i) .AraBoatriApincluded? MYes EjNo It yes: oil Number (iii) Length thf)Wlath (z h. check all the typea of services to be provided. FaH service, including Navel kk Andlor rail, repair or ihavitenanceservice (7 Dockage, fuel, and marine supptfeS ®Dockage Not clips') only, numberotSlip&:yl E] Dry storage; number of boat,: Q Boat mm(j(s) number of boat ramps: r] Other, please describe: t 04900a the typical boats to be served je.g., open runalXlit, charter boats; sell boats, nrced types). Gar_✓ KUNA30mn•r I. (I) VAI the faclUry be open to the gsnerei publlo7 RJYes LINO i '_CEIVED C,C'M WILMINGTON, NC S E P 1 6 2015 ' N'`-1Vr1) ^Y 11,tis }-'1-"" k41Y, .'11 i 882•80&2808 :: 1-8884000AST :: www.neeoasfsitrnaat ement,ttef revised: 12127166 faamMCM MP-4 (Struckures, Page 2 of A) a Check each of the folfovfng eenitary facfi les that vAl tie Intruded In the proposed project. r] Gffios Toilets ❑Toilets for patrons; Number. Location: i✓�lV� PRO POSE 0 showers ❑ aostlwlding tank pumpouf; Give" and location; A' A— & pp 0 b. Describe treatment type and deposal location for all sanitary westBwater. c. oascslbethe disposal ofsolidwaste,fish offal and tmeh- d. How w0 overboard discharge of sewage from boats be controlled? a (1) Give the location and number of No sewage Discharge" signs Proposed- . ONC 1GIV �-OGF i G7 A7 Dt>cK 1 1JTPAntGG — pp Give the location and number of'Punpout avallable" signs proposed. .14 0NLF- tcpVl �17 — f. Describe ire special design, 0 apptkabia, for containing industrial type Pollutants, such as P*L saWbInsing waste and petraleurn products. g. Whore Will muWue from vessel maintenance be disposed of? NoNa �j I-, I -rig---- , b. Give the number of channel markers and "No Wake° aigna proposed. d 1. Give rife location of fuel -handling faol6des, and desoriha the -safety measuws planned to prated area water qualby. NbN� Sq• t_C.�tuL'fss aN_--r,�-•(i F � —_�--�--�._.-_ J. What will be the marine pogcy on overnight and live -aboard d~ IL Describe design measwes that prornote boat boaln fwahing? 1. if this project is an expansion of an existing marina, what types of services dre currently provided? RECEIVED m. lathe madnWrloddngfacilifyproposedwtthinaPrimary orsKWdarynyrseryarea? DCM WILMINGTON, NC 5qyes []No SEP 1 s 2015 282-af!&2008 n "S"RCOAST a wvvw nccoas�BlmaManems+rrt.rwt revfsaxlt 7�/or+ -Form 0CM MP-4 (21nictures, Page 3 of 4) n. is that marinaWokingladlity proposed wittlin cracqa0ant to any 4IMallffsh harvesting area? Was ONO o. Is themartnWdocking facility proposed within or admountlDcoasteivustlandsfmarsh (CM, submerged dquatiovogletation (8121), or other wetlands (WL)? Ranyr boxes are chocked, provide the number of square feat affected. M ___ L ']$AV P9SB EIWL _ []None p, to that proposed marloaldocking facility located within or within close proximity to Any Shellfish feasW? []Yes $0NO If yes, " the mime and Address of the leaseholder($). and 9.1va the proximity to the lease. [jGommercial [Public/Government 131'rivateXOmmunItY (u) Number (NQ Length (IV) Width Note: Rooted areas are.cakulated from &OM9 dimenslona. a. @ Number Langgi (111) Width a. Length o. J&;dmurn dbriance beyond NHW. NWL Or watlands, 13. Average dietanov from NHW. Nft, OrV101112nds . . .......... S N®R, 0. a. Isthe stWure(s); . 0(jornmercial Qpubjkl0ovomment UPrivate/Community 0. Malacca to be placed beyond Sh"ho More: ThashotidbommsufWfmmmaMea0m�ifpmwt 6. Aroofthe *ng — b. Number d. Description of buoy (color. inscription, 9W, anchor, ata) y4�""�4RECPVED DCM WILMINGTON, NC 252-80a.2001111.—, 11-888-4RCOAST;; vir.nccwatalrnanarrenualf4 "Q 1 .Form DCN( MP-4 (Structures, Page 4 of 4) s, proximity of sinmture(s) to 94 � nt riparian property !Ines � b. proMmity of structures) to adjaront docking facilities. ! 5r fzpM tint+ `T it �dr--- Mots- For buoy orn oaring Awl use8rcof&Mngmdudinglongm of vessel. c. Width of Water body d, Water depth at walerward and of structure at KW or NW L Iw4+ (13ojuF501nND> `-' - 0.. (1) Will navlgatbnal aide be required as a result of the project? MYes MKo [INA (i) d yes, expfaln what We and how they will be implemented. B,Qr�(�R. , . :< rn,�secnQ�rRttnre; a. Give oxnplete description' __ .,. __ -.- .i all _ .. .—A n• a'.rnn �.. v. r..n biCn[ w.rw ar•.rs:vrr; RECEIVED :r1Y >? t 2frf DCM WILMINGTON, NC_, , SEP 1 6 2015 25Z-808-2888: 1.888.4RCOASi :, www.ncwa8i@�man�,tpin'Mtt®nt.aef---'---revised; =7106 R ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director Date _ Z Applicant Name oL y— (V'( W '0. 11 Mailing Address O c I - �Ft m L �bldgl�,Y'n � G John E. Skvarla, III Secretary I certify that I have authorized (agent) 4h `2�r`e to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (location) 1150 lleA f.n W- This certif Signature RECEIVED MAY 01 2015 N+~wa-wwrnu w ur, 400CommemAve.,MoreheadCity, NC28557 ieMR! or 1 no AtTACHMC-PT (o, Cu) Narrative Summary of the Homer's Point Marina Permit #163-07 and the Zwerling Adjacent Property 150 Headen Lane, Salter Path, NC In 2006 the Salter Path Development Group, LLC ("Development Group") wanted to expand and enlarge an existing marina known as Homers Point Marina ("the Marina") owned and operated by Marie Smith, Mike and Frieda Fiorini. Dr. Charles and Melissa Zwerling ("The Zwerlings") owned a parcel of land adjacent to the property which the Development Group intended to utilize to expand this Manna at 150 Headen Lane, Salter Path, NC.. The Development Group believed it needed the Zwerling's property to complete its marina expansion. The Zwerling's property bordered the waterway known as the Bogue Sound giving it certain riparian rights as hereafter described. The Zwerling' s property was that certain lot known as Lot Number Seven (7), Section Four (4), as shown on the maps of "The Village of Salter Path", which are filed with and incorporated in that certain Judgment of the Superior Court of Carteret County, said Judgment being recorded in the Judgment Book 9, Page 45 and having been entered in that certain proceeding captioned "Carteret County vs. Janice Lewis Austin, et al.," Civil Action No. 75 CvS 236, said maps also being recorded in Map Book 16, Pages 45-50, Carteret County Registry. When the Zwerlings learned of the proposed Marina expansion, they filed objections with CAMA on July 5, 2006, to the proposed Marina expansion, specifically to the building of boat slips Numbers 34, 35, 36, 37, 44, and 45, because the slips would block the Zwerling's direct riparian view of Bogue Sound as well as infringe on the Zwerling's ability to dock and maneuver their boats. Still later, on January 2, 2007, the Zwerlings objected to the Manna expansion and specifically objected to the building of only slips Numbers 21 through 36 and 43 through 48, because these slips would block the Plaintiffs' direct riparian view of Bogue Sound as well as infringe upon their riparian corridor and their ability to dock and maneuver their boats. Moreover, the extension of the Marina into the Zwerling's riparian corridor would create dangerous congestion of marine vessels. On November 28, 2007, CAMA reissues Permit 4163-07 for Major Development for Homer's Point Marina to Mr. Michael Fiorini. The Zwerlings made a third objection by means of letter dated December 17, 2007. The grounds for this objection also were loss of riparian rights and loss of riparian corridor. Permit #163-07 for Major Development was revoked by CAMA on December 17, 2007 in a letter to Mr. Fiorini which states that the permit granted on November 28, 2007 was based upon a Land Sales Contract by Mr. Michael Fiorini, wife Frieda Fiorini, and Marie Smith with Dr. and Mrs. Zwerling on March 21, 2007. Since there was a breach in the contract with the Zwerlings "the Sellers shall retain all riparian rights that they had prior to the signing of the contract" and since the permit was based upon riparian issues with said property, CAMA decided to revoke the permit in a letter to Mr. Fiorini on December 17, 2013 unless he produced legal documentation of a land purchase by December 21RWEo MAY 01 1015 c+,4"'Wr+lo b44 NE 2of N Mr. Fiorini submitted an amended permit on December 20, 2007 with a letter stating "I would like to modify my permit to delete all docks which would be within Dr. Zwerling's area of riparian access. This modification also deletes all structures within the 15' setback which is required between areas of riparian access" Mr. Fiorini also submitted a revised survey map demonstrating Dr. Zwerling's riparian corridor thereby reducing the number of slips from 72 to 65. In January 2008, Mike Fiorini and the Salter Path Development Group approached Dr. and Mrs. Zwerling and made inquiry about whether the Zwerlings would sell their real property to the Development Group. At all relevant times Fiorini represented to the Zwerlings and to CAMA that Mike Fiorini was the owner of ten (10) boat slips, slips Number 63-72. Verbally and in writing, the Fiorinis represented to the Zwerlings that they were the owners of the ten (10) boat slips (Numbers 63-72). As a result of their negotiations, the Zwerling's as Seller and the Development Center as Buyer entered into an Agreement dated January 7, 2008, wherein the Seller (the Zwerlings) agreed to sell their parcel and the Buyer (Development Group) agreed to buy it for the sum of $500,000.00. The Development Group agreed to pay and did pay $50,000.00 down payment and agreed to execute a Promissory Note to the Plaintiffs for the sum of $450,000.00 payable at 8 percent (8%) annual interest with 120 equal monthly payments of $5,459.74. The Promissory Note was to be secured by a Deed of Trust on the parcel and by a Security Agreement executed by the Fiorinis giving the ten (10) bloat slips referred to above (numbers 63-72) as additional security. The Agreement further provided that "Seller [the Zwerling's] agrees to release one boat slip for each $50, 000.00 in principal payments received on the Note. In the event of Buyer's [Development Group] subsequent default upon a promissory note and deed of trust given hereunder, Seller's [the Zwerling's] remedies will be limited to foreclosure of the collateral and return of real property described herein. " Also, prior to closing, the Seller (the Zwerlings) agreed to deliver to the Buyer a letter addressed to CAMA withdrawing the Seller's (the Zwerlings) objection to the expansion of the Marina filed by the Zwerlings on December 17, 2007. The Zwerlings, as Seller, did withdraw their objections by means of a letter to CAMA and CAMA approved the expansion of the Marina Permit #163-07. As part of the Agreement, the Defendants signed the Agreement under Seal as "GUARANTOR OF COLLATERAL. " Pursuant to the terms of the Agreement, by means of a deed dated January 18, 2008, and recorded in the Office of the Registrar of Deeds of Carteret County, North Carolina, in Book 1255, Page 124, the Zwerlings sold to the Development Group their parcel of land described above. Pursuant to the Agreement, the Zwerlings financed the acquisition of the real property and to evidence the financing, the Development Group executed a Purchase Money Promissory Note. The Promissory note was secured by means of a Purchase Money Deed of Trust dated January 17, 2008, executed by Development Group to Joyce Keller, Trustee, with the Zwerlings as named Beneficiaries wherein the Zwerling's property described above was given security. RECEIVED MAY 01 1015 ✓4W-Wlnw WPM Pfi6E 3 0� y In conformance with the Zwerling's requirements and pursuant to the Agreement, the Fiorinis executed a Security Agreement dated January 17, 2008, wherein the Fiorini purported to give the Plaintiffs a security interest in ten (10) boat slips, bearing Numbers 63, 64, 65, 66, 67, 68, 69, 70, 71, and 72, as shown on a CAMA Permit 163-07 issued to , Mike Fiorini, on November 28, 2007, as additional security for the Promissory Note. The Fiorinis also purported to convey to the Zwerling' s an easement to and from the above- described boat slips. In the Security Agreement, signed under Seal, the Fiorinis warranted to the Zwerlings that the Fiorinis were the owners of the boat slips (Numbers 63-72) free from any adverse lien, security interest, or other encumbrance, and that the Fiorinis would defend the property against the claims and demands of all persons whatsoever. In about January of 2012, the Development Group defaulted on the Promissory note. The Zwerling's substituted John M. Harris as Trustee under the above Deed of Trust. John M. Hams, as Successor Trustee, initiated a foreclosure proceeding in the Office of the Clerk of Superior Court of Carteret County, North Carolina, and, after advertisement as allowed by law, sold the real estate described in the Deed of Trust to the Plaintiffs for the sum of $180,000.00. The Trustee Deed concluded with transfer from Salter Path Development Group, LLC to Charles and Melissa Zwerling of said property located at 150 Headen Lane, Salter Path, NC with "interest in all easements, riparian rights and rights ofway appurtenant to or used in connection with the land... " The Zwerling' s began the process of exercising their rights under the Security Agreement when they became aware that the Fiorinis did not and do not own the 10 boat slips (Number 63-72) in question, which were purportedly given to the Zwerling's as a security on the Promissory Note referred above. Each boat slip (Numbers 63-72) had been agreed to have a value of $50,000.00 each. The Zwerling's have now learned that the Development Group likewise does not and did not own the 10 boat slips (numbers 63-72); rather, they are owned by Marie Smith, the mother of Frieda Fiorini. The Fiorinis breached their warranty of ownership because they did not own the 10 boat slips (Numbers 63-72). In addition the Zwerlings have been fiuther damaged in loss of their riparian rights to have dockage and mooring for their boats and their riparian corridor which is now infringed upon by sixteen (16) boat slips and lifts by the Marina. Apparently in 2008, according to Permit #163-07 the Salter Path Development Group, LLC "transferred" the then two (2) existing boat slips of the Zwerling's property to the overall marina project. These two (2) boat slips have not been transferred back to Dr. and Mrs. Zwerling, as pursuant to the foreclosure deed and title as directed by the NC Court in June 2012. Thus, the result of this loss of riparian rights has caused the Zwerlings to have " no formalized mooring or dockage of any vessels, even on a temporary basis, is authorized on the adjacent pier formally jsic) owned by Dr. Zwerling" RECEIVED MAY 01 1015 I.e.IW,wnw I." Pg66 yoF y The end result is that the Zwerlings have lost their rights under the Security Agreement and their riparian rights for boat dockage and their riparian corridor which is now obstructed by the sixteen (16) boat slips of the Marina. In February 2015, the Zwerlings, the Fiorinis and Salter Path Development Group entered into a court ordered mediation settlement in which the Salter Path Development Group and Fiorinis promised to " shall in fact will provide any assistance reasonably necessary for the Plantiffis (Zwerlings) to secure a CAMA permit for Plantiffs (Zwerlings) to be able to construct a facility on their property for the keeping of at least (4) boat lifts and one wet slip on the Plantiffs (Zwerlings) property located in Salter Path, NC" The Zwerlings have noted that according to Mr. Roy Brownlow's letter of March 2015, if Homer's Point Marina (the Fiorinis and Salter Path Development Group) will close off and remove five (5) of its slips, then the Zwerlings proposed 5-slip Docking Facility will not result in the closure of surrounding open shellfish waters and will be allowed by CAMA. Presently, the property at 150 Headen Lane owned by the Zwerlings, is being used by the Salter Path Museum, a subsidiary of the Heritage Dance Foundation. The museum needs to have docking facilities in order for dockage by boating visitors to the museum and the development of boat tours and educational programs related to history and preservation of Salter Path. Thus, Dr. Zwerling has submitted his proposal for the five (5) boat slips to CAMA. RECEIVED MAY 01 2015 Nti W1'4yllN �.lif, •DCM 1NP-1 APPLICATION for (last revised 12127106) North Carolina DIVISION OF COASTAL- MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name N �s we N Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2709 M tcaa. oixlcfi PL PO Box ty State N ZIP Country P o 'No. j ext. FAX No. 275 Street Address (if different from above) City Slate ZIP Email z..W erL I D e,ballroom • oc 2. AgentlEontractorinformation Business Name Agent/ Contractor 1: Firs' "- MI' Last Name C TO.A ,� . L) iri-e Agentf Co actor 2: First Name MI Last Name Mailing Address PO Box City Slate ZIP Phone No. 1 Phone No. 2 2� 5� S 25Z �o� 76`dSxt ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email Form continues on back> MAY 01 20b H'1*W-Avinu w. v Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location Cbuh - can be mdlfl"le ter -Streai Address " ""' -- `"`""'"-` "� -�`-� 160 kai low I_i+n e State Rd: # —' ' "- -- - Subdivision Name city s�� Pa L, State (Z' zip 200 5 -) s Phone No. Lot No.(s)L(if many, attach additional page with list) L'- / zsz- $0 D -7b�Sext. Lot 7, a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project O� 3 o wL S c. Is the water body identified in (b) above, natural or manmade? d. Name theiclosest major water body to the proposed project site. 'Natural []Manmade ❑Unknown �j0 lam- SwA e. Is proposed work within city limits or planning jurisdiction? I. if applicable, list the planning jurisdiction or city limit the proposed work falls within. Yes ❑No / `AtAY cao( r'OJ n� 'tE rS 145C.4%Kj� to 0.Y) %An'LOnflCI 0,1_'0O. V 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 5. 5 1 IET W S 5q.a. IN CK. c. Size ofindividual lot(s) d. Approximate ele Lion of tract above NHW (normal high water) or 1114 Q G. NWL (normal water/evel) (if many lot sizes, please attach additional page with a list) JqNHW or .NWLram ! 1FJ , e. Vegetation on tract ' Norte L Man-made features and uses now on tract �jt-ki �a 1 end 'dor--- g. Identify and describe a existing land uses adjacent to the proposed project site. Ex)" -InG) VV16,Y11724 3 Ya C0'+ ),0+ h, How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) - Ut1�0 ne 1 19Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes Pallo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes 'VNo ❑NA National Register listed or eligible property? <Form continues on next page> MAY 01 2015 k�A;-noun r'iiv Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? []Yes No (1)'Aretliere coastaf weifends do tl3e site? -" `' [Dyes.. NS—'T (Bi) If yes to either (1) or (li) above, has a delineation been conducted? (-]Yes []No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. �oNC� o. Describe existing drinking water supply source. ?tA 6L t G Wa-. v- -:5y Stern p. Describe existing storm water management or treatment systems. rJ o N �2 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Wommerclal ❑Public/Government �r t Y�T� �o u eS5 Q rJ o vtb ❑Private/Communfty b. Give a brief description of purpose, use, and daily ope ions of the project when complete. `5oa - S1"p Oen+ml MusW-um 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. cod Fra.+w_ doc.(� wr�h F,v�. b� av��-s� wft�it't'YYronortLl� lL�Su�parzlEODar.K,PfLES ds. List all development activities you pr000se. , i3" oc't-c{ock f Tns+r. l Ffye, bou-�StIP V')t�� boa �if�5 e. Are the proposed activities maintenance of an existing project, new work, or both? f. WhattIs the approximate total disturbed land area resulting from the proposed project? KSq.Ft or ❑Acres ` g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes IQNo ❑NA that the public has established use of? IK Q h. Describe location and type of existing and proposed discharges to waters of the state. Vice, slId4 ovr c. 9, i. Will. wastewater orstormwaterbedi argedintoawelland? UYes []No KINA If yes, will this discharged water be of the same salinity as the receiving water? []Yes. ❑No *A J. Is there any mitigation proposed? ❑Yes [:1 No RNA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> MAY 01 206 0'-AM,^64nW ti" Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed applicallon form, (MP-1) the (ollowfngiferns-belgw.,.if appfkttblg, (oust be submitted in order for the application package to be complete. Items (e) - (n are always applicable to any major development application. Please consult the applicaf)on frnstmction booklet on howfo propady prepare the required items below. a. A project nanr S Et�- A T I A L 14 M& NT b. An accurate, owea work plat (including plan view and cross-sectionaf drawings) drawn to scale. Please give the present status of the proposed project. Is any potion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. .,e f+qc, 64 •cb • � - c. A site or location map that Is sufficiently detailed to guide ag y persDnnel nf� ' ,with t arealo Zstte. fgse d. A copy of the deed (with state application only) or other instrument under which the applicant claims fit a to the alrected properties. a.. 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 relurn receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name r>~ a tie app-r \ r Phone No. Address I bj V Htr tg go' LAO 5 190/56 ALA Name VW "to fff ,S'7rrf (`"(•�'f �r� /Phone No. Address - j Name Phone IVo. Address g. A fist of previous slate o federal permits Issued for work on the project tract. Include pennit numbers, permittee, and Issuing dates. r71 rA a h. Signed consultant or agent authorization torn, if applicable. P'k-it Rc�v0A I. Wetland delineation, if necessary. Ar j. A signed AEC hazard notice for projects in oceanfront and iNet areas. (Must be signed bypropedy o+•ned T`I jq k. A statement of rAtnpriance with the N.C. Envirormenlal Policy Ad (N.C.G.S. 113A 1-10), if necessary. If the project imrolves expenditure ublic funds or use of public lands, attach a statement documenting compliance Wth the North Carolina Environments! Policy Act. 1 r. Certification and Permission to Enter on t_ana I I understand that any permit issued in response to this application'Anil allow only me aevelupmem �� _ ,,, •, wr The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. r � Date s ?',P ( _ Print Name Signature U. Please Indicate application attachments pertaining to your proposed project. RECEIVED ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts May 0 1 101; ❑DCM MP-3 Upland Development )1DCM MP-4 Structures Information Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1 DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (1) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ®Commercial ❑Publlc/Govemment ❑Private/Community PgYes ❑No c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? j]Yes []No (11) Number I If yes: (ill) Length 0,5 (11) Number 3 (Iv) Width L (ill) Length), (v) Floating ❑Yes JgNo (iv) Width OL (v) Floating []Yes 'ZINo e. (1) Are Platforms included? ❑Yes KNo f. (1) Are Boatlifts included? 9Yss ❑No If yes: If yes: (ii) Number (ii) Number (ill) Length (ill) Length j Z (iv) Width (iv) Width (v) Floating []Yes []No ' Note: Roofed areas are calculated from ddpline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 5 ❑ Full service, including travel lift and/or rail, repair or (II) Number of slips existing maintenance service 5.QROi�Q��L-j� i ' IP ❑ Dockage, fuel, and marine supplies M Dockage ("wet slips") only, number of slips: EINC7 ❑ Dry storage; number of boats: — ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 1. Check the proposed type of ailing: J. Describe the typical boats to be served (e.g., open runabout, ❑ Land out and access channel charter boats, sail boats, mixed Types). []Open water; dredging for basin and/or channel OPEC-1 K\AN A3o kk-r 00pen water; no dredging required ❑Other; please describe: r it. Typical boat length: ZI. (1) Will the facilittyy be open to the general public? \ $JYes ❑No m. (!)Will the facility have tie pilings? . RECEIVED [:]Yeses RNo- (ii) If yes number 4tie pilings? MAY 01, 2015 F�+•we-wLMrs rliv 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 -Form,DCM MP-4 (Structures, Page 2 of 4) [2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets [IToilets for patrons; Number: Location: V D N E PRO R O PQ sr p ❑ Showers ❑ Boatholding tank pumpout; Give Type and location: ■ t ON G ()Po b. Describe treatment type and disposal location for all sanitary wastewater. N ONE A L/,OW'E!D c. Describe the disposal of solid waste, fish offal and trash. NONG' A LL vJEAD d. How will overboard discharge of sewage from boats be controlled? NONE ALLCOw6)) ON SITE e. (1) Give the location and number of "No Sewage Discharge" signs proposed. ONGSIGN LDGAi-cam AT DDc.K LNTPzANGE (11) Give the location and number of "Pumpout Available" signs proposed. NOrtG 1"'RDVIAED f. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NONE ALLUWEi] ON S)ic g. Where will residue from vessel maintenance be disposed of? 1`JQNC ALLOWC>D o.-f strC- h. Give the number of channel markers and "No Wake" signs proposed. Q I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. t,lDWE AL_L )wj.6_D 6N 5tiE J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? RECEIVED Ti DAL e)PF-?[ PILE Dort fNFACI LPtY MAY 01 101�— I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? Was ❑No 252-808.2808 n 1.888.4RCOAST u www.nccoastalmanaaement.neY revised: 12/27/06 --FOrnr DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ,RYes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CM, 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 ZSB OWL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes )4No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) MThis section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Pdvate/Community (ii) Number _ (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) JRThis section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 91 This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL orwetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ❑Commercial ❑Publir/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 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAY 01 7015 N4WA"WInN Isli,�, 252-808.2808 :: 1.8884RCOAST :: wwwmccoastatmananement.net revised: 12/27/06 -Form. DCM MP-4 (Structures, Page 4 of 4) WjV2-j a. Proximity of structure(s) to adja nt riparian property lines b. Proximity of structure(s) to adjacent docking facilities. `F0 5 r M C'1 �fY1('i b �A"T `[•�{ SM 1'Th LI f�i E Note: For buoy ormooMg piing, use arc of swing including length of vessel. c. Width of water body I Zxdr+ CT5DG-'. a SOtnND� e. (9 Will navigational aids be required as a result of the project? DYes [@No DNA (II) It yes, explain what" and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 4•' 8. OTHL'R CjTh1a section not epplicatile a. Give complete description: Date _ RECEIVED DCM WILMINGTON, NC sEP 1 5 2015 252-808-2808:: I-SS8.4RCOAST:: WWW nccoastalmanapement.net �tE!`SnffC revised: 12/27/06 AT`sCACRMv,jf (6.(d) NORTH CAROLINA, CARTERET COUNTY This instrument and this certificate are duty filed at the date and time and i e Book and Page shown on the first page hereof Jo noe, Ister of Deeds By AULDgw4f R*0s1v of Deeds �Preparetf 6y.7farris Law Firm, 2'GLC STATE OF NORTH CAROLINA COUNTY OF CARTERET FOR REGISTRATION REGISTER OF DEEDS Joy Lawrence Carteret Count NC July 13, 2012 03;2 :33 PM COUNTER DEED 3 P FEE: $28.00 NC REVENUE STAMP: $360.00 FILE # 1414422 Stamps: $360.00 Parcel: 6334.07058.1775 THIS TRUSTEE'S DEED is made and entered into this the L�_ day of July, 2012, by and between, JOHN M. HARRIS, Trustee, as Grantor, and CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING, Grantee, whose address is 2709 Medical Office Place, Goldsboro, NC 27534. (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) WHEREAS, SALTER PATH DEVELOPMENT GROUP, LLC ("SPDG") executed to JOYCE KELLER, Trustee, that certain Deed of Trust executed on January 17, 2008 and recorded on January 22, 2008, in Book 1255, Pages 125, Carteret County Registry ("Deed of Trust"), securing a Promissory Note for commercial purposes dated January 17, 2008 in the original face amount of $450,000.00 ("Note") executed by SPDG in favor of Charles S. Zwerling and wife Melissa G. Zwerling (hereinafter referred to "Zwerling"); and WHEREAS, the Deed of Trust conveyed to the Trustee the real property described in herein as collateral for the repayment of a promissory note in the amount of $450,000.00 of even date therewith; and Whereas JOHN M. HARRIS was substituted as Trustee by document recorded in Book 1401, Page 275, Carteret County Registry. WHEREAS, because the indebtedness secured by the Deed of Trust was past due and unpaid, the note holders of the indebtedness, demanded that the Trustee foreclose the Deed of Trust; and WHEREAS, the Substitute Trustee initiated a foreclosure proceeding in the Office of the Clerk of Superior Court of Carteret County, North Carolina (File# 12 SP 120) and pursuant to the initiation of the foreclosure proceeding, and proper notice was given, a hearing was held before the Clerk of %Txj l Court of Carteret County on April 12, 2012; and MAY 01 2015 WHEREAS, at such hearing, the Clerk of Superior Court of Carteret County enterd&W'&ldw4directing the Trustee to proceed with the foreclosure of the Deed of Trust; and WHEREAS, after due advertisement and notice and compliance both with the terms of the Deed of Trust and the laws of North Carolina, the Trustee on May 9, 2012 at 10:01 AM, offered for sale to the highest bidder the property which is hereinafter described and which is the same property encumbered by the aforementioned Deed of Trust, said sale being conducted at the Carteret County Courthouse in Beaufort, North `a Carolina; and a Report of Sale showing the initial bid was filed with the' Clerk of Superior Court by the Substitute Trustee on May 9, 2012 followed by a series of upset bids; WHEREAS, CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING filed the final upset bid on June 8s', 2012 and at the expiration of the 10 days upset bid period with no other upset bids being made, became the last and highest bidder with an upset bid of $180,000.00; and WHEREAS, the upset bid remained open for more than ten (10) days and no upset bid was offered and no objection was made to the sale above -referenced; and WHEREAS, the Court on the 13th day of July, 2012 confirmed the sale and directed the Trustee to execute and deliver a deed to CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING upon receipt of the purchase price; and the purchase price has been paid; NOW THEREFORE, JOHN M. HARRIS, acting as Trustee as aforesaid and acting pursuant to the powers conferred upon him by order of the Clerk of Superior Court of Carteret County, North Carolina, in consideration of the Premises and the sum of $180,000.00 for the bid amount to him in hand paid, has bargained and sold and by these presents does bargain, sell and convey unto CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING, its heirs, successors and assigns, the land sold as aforesaid, the same being more particularly described as follows: BEING all of Lot Number Seven (7), Section Four (4), as shown on those certain maps of the Village of Salter Path which are filed with and incorporated in that certain judgment of the Superior Court of Carteret County, said judgment being recorded in Judgment Book 9, Page 45, and having been entered in the proceeding captioned "Carteret County vs. Janice Lewis Austin. et. al., Civil Action No. 75 CVS 236, " said maps also being recorded in Map Book 16, Page 45.50, Carteret County Registry. - [TJogether with all improvements now or subsequently situated on the aforedescribed tracts and parcels (collectively, the "Land')(including buildings, amenities, paving, landscaping, grading, parking and utility installations)(the "Improvements'); all of SALTER PATH DEVELOPMENT GROUP, LLC interest in all easements, riparian rights and rights -of -way appurtenant to or used in connection with the Land or the Improvements, or as a means of ingress to or egress from the Land or the Improvements; all estates, interests, rights and titles, if any, of SPDG in the real estate lying in the streets, roads, alleys, ways, sidewalks, or avenues, open or proposed, in front of, or adjoining, the Land and in and to any strips or gores of real estate adjoining the Land; all fixtures now or subsequently affixed to the Land (even though detached or detachable) and all building improvement and construction materials, supplies, and equipment and related personal property now or subsequently delivered to the Land which are or will be made a part of and/or ajffxed to the Land or incorporated in the Improvements (collectively, the "Fixtures'); and all other estates, interests, rights, and titles of every kind and character which SPDG now or subsequently has, in and to the Land, the Improvements, the Fixtures, and all property which is used in connection with the Land, the Improvements, and the Fixtures, including without limitation, the proceeds from condemnation or threatened condemnation of the Land, the Improvements, the Fixtures, and the proceeds of any and all insurance covering the Land, the Improvements, and the Fixtures and all water, oil, gas, and other mineral rights 4p6goWg to the Land. PAGEHQ GII`! TO HAVE AND TO HOLD the lands and premises together with all privileges and appurtenances thereunto belonging to the Grantees, their successors and assigns, in as full and ample manner as the Trustee has the power to convey the same. This conveyance is expressly subject to unpaid Carteret County ad valorem taxes, and all other liens and encumbrances which by law have a priority superior to the priority granted to the Deed of Trust which was the subject of the foreclosure proceeding referenced herein. The Trustee makes no warranty, express or implied, as to title, quality or condition of the property hereinabove described. IN WITNESS WHEREOF, the Grantor has aforementioned. STATE OF NORTH CAROLINA COUNTY OF CARTERET his hand and seal, the day and year Trustee I, 4,/144 J-1 Srn; t h , a Notary Public of the State and County referenced above, do hereby certify that JOHN M. HARRIS, Trustee, personally came before me this day and acknowledged his due execution of the foregoing instrument. Witness my hand and official stamp, this the /.3 day of July, 2012. Z2:& a. Notary Public - My commission expires: 5 Z-/G J. �AOTAF? k RECEIVED t.1Ca MAY 01 2015 �0 G:\ServerPaperportFolders\14180-CL-Zwerling Salter Path Dev\zwerling Trustee's Deed (foreclosure).DOC NORTH CAROLINA. CARTERET COUNTY This instrument and this certificate are duly filed at the date and time and dte Book and Page shown on the first page her f. ke"gisterodf needs ay AssL 0gpdg R&&W of Deads Zprepared by Harris Law Firm, PLLC FORECLOSURE NOTICE NORTH CAROLINA CARTERET COUNTY FOR REGISTRATION REGISTER OF DEEDS Joy Lawrence Carteret County, NC July 13, 2012 03:27:33 PM COUNTER NOTICE 2 P FEE: $26.00 FILE # 1414423 KNOW ALL MEN BY THESE PRESENTS, that Deed of Trust, executed by SALTER PATH DEVELOPMENT GROUP, LLC ("SPDG") executed on January 17.2008 and recorded on January 22, 2008, in Book 1255, Pages 125, Carteret County Registry ("Deed of Trust"), securing a Promissory Note for commercial purposes dated January 17, 2008 in the original face amount of $450,000.00 ("Note") executed by SPDG in favor of Charles S. Zwerling and wife Melissa G. Zwerling (hereinafter referred to "Zwerling") encumbering certain land situated in said County and State has been foreclosed and all of said land described in the above referenced deed of trust has been sold to the high bidder at the foreclosure sale, CHARLES S. ZWERLING AND WIFE MELISSA G. ZWERLING, and said Deed is recorded in Book 11011 q Page4 12--, Carteret County Registry. IN WITNESS WHEREOF, this Notice of Foreclosure is signed and sealed this the ` day of July, 2012. RECEIVED MAY 01 2015 I.f-w4 kww W444 v�/ M. HAMS(Substitute Trustee) FOR SUBSTITUTION OF TRUSTEE: SEE BOOK 1401, PAGE 275 (THIS INSTRUMENT IS FILED IN ACCORDANCE WITH G. S. 45-38.) CARTERET COUNTY NORTH CAROLtNA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she signed the foregoing document: JOHN M. HARRIS, SUBSTITUTE TRUSTEE name(s) (and title, if appropriate) of principal(s). Date: "%/,�- �� 4 1; ' Offici 1 Sign�tut of NotA' Notary Public (Official Seal) � = S Zyn; yq) Notary's printed or typed name, My Commission expires: Si(/o-/� >,'`{S�+`l- 8 IN",. RECEIVED > l.ikocl MAY 0I 1PK = Iraw+-ulinµ wN,+. 2 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION ,OA ,, Name of Property Owner: C41,9/z 1.f5 Z ry//,s g 4,',l/ Address of Property: j ,-0 1>/=40,cy 1,4,VX ,SAL fiL o2a24 (Lot or Street #, Street or Road, City & County) Agent's Name#: Oou�,14S Mailing Address: box 3 �( Agent's phone #: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC, 28557. DCM representatives can also be contacted at (252) 808- 2808. No response is considered the same as no objection If you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) ,AAly I do wish to waive the 15' setback requirement. RECENEn I do not wish to waive the 15' setback requirement. MAY 01 2015 Y (Property Owner Information) Signature C442/F5 ZV61411�4 Print or Type Name 7 o I vw,�t o r-r,,. f, �/.4CA-- Mailing Address G-6 tC 5 bolo 46 L- City/State/Zip 2--7 K Telephone Number /9iq—?36—'5c73 Date (Adjacent Property Owner Information) Signature Print or Type Name Mailing Address City/State/Zip Telephone Number /? W— Date Revised 611812012 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFIGATIONIWAIVER FORM Name of Property Owner: (fh wt- G- (L5 Address of Property: 15-6) /-{44#9k) 441 2 9 A �< <• //�� (Lot or Street #, Street or Road, City & County) Agent's Name #: NO v� ) S G-v z� �1 Mailing Address: /!7 ox �✓ t f Agent's phone #: Z SZ - % ` -76 8 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you mustnotify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC, 28557. DCM representatives can also be contacted at (252) 808- 2808. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. MAY 01 2015 y wwinu lXil Y n��n nnin I do not wish to waive the 15' setback requirement. (Property Owner Information) C4 rd ft) 4� s Z �c✓Fi /1� , rLS Signature Print or Type �2 7 0 '1 af/;%c �l Mailing Address (r6ld 5 % 6/LO ✓j%. G, 275 City/State/Zip 1-9/41,-7; 393 G Telephone Number Date Signature 1/00CL,cin L Print or Type Name 120 1�6k 2� S Mailing Address City/StatelZip a. 51- �2,2-G Telephone Number Date Revised 6/18/2012 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Charles Zwerling 2. LOCATION OF PROJECT SITE: Site is at 150 Headen Lane, off of Salter Path Road, on Bogue Sound in Salter Path, Carteret County. Photo Index - 2006: 38-8076 grids P-16; 2000: 38-485 grids P-16 State Plane Coordinates - X: 803228.176 Y: 106324.922 Longitude: 76°53'11.62"W Latitude: 34°41'23.62"N 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/16/15 Was Applicant or Agent Present — No Photos Taken — No 5. PROCESSING PROCEDURE: Application Originally Submitted — 3/20/15 Office — MHC Application Received Complete — 511115 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Rural with Services (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing — none Planned - none (F) Type of Structures: Existing — local museum and bulkhead Planned - 5-slip docking facility (G) . Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water 1,203 ft2 incorp 627 ftZ shaded (E) Total Area Disturbed: 1,203 ft` (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: No (H) Cultural Resources: None 8. PROJECT SUMMARY: The applicant wishes to construct a 5-slip docking facility for commercial use. i Field Investigation Report: Page 2 of 3 9. Narrative Description: The property is a 0.114-acre parcel at 150 Headen Lane in Salter Path, Carteret County. The Carteret County Land Use Plan has classified this area as Rural with Services, with CAMA AEC's classified as Conservation. This site is developed with an existing bulkhead and a building currently being used as a local museum. The applicant wishes to construct a 5-slip docking facility for commercial use. There is a total of 2,881' of shoreline on this property, along Bogue Sound. Bogue Sound is approximately 2.5 miles across at this location. The nearby designated Federal Channel is approximately 2.0 miles north of this location. There are no Section 404 or coastal wetlands on the property. The average upland elevation on the property is 5' normal high water level (nhw). . These waters of Bogue Sound are classified as SA, High Quality Waters. None of the project area is within PNA; it does not have submerged aquatic vegetation, and is closed to the harvest of shellfish. Bottom elevations within the project area range from -1 to —4 feet normal low water level (nlw). The bottom substrate is coarse sand and does not lend itself easily to suspension. These waters have an approximate +/-2' lunar tidal amplitude. 10. Proposed Development: The applicant is requesting to construct a 5-slip docking facility for commercial use. The adjacent riparian property to the west is a commercial marina (ref. Major Permit #163-07). The adjacent riparian property to the east is a waterfront restaurant. The applicant is proposing to construct a pier that is 6' wide and 63.5' long, approximately 5' from the eastern adjacent riparian property line. There are three finger piers proposed to support the five boat slips. Each finger pier will be 3' wide and 27.3' long. The first boat slip would be a side -to slip and the remaining four would be defined by 12' wide and 12' long boat lifts. Water depths within the boat slips range from -2.5' to -4.0' nlw. 11. Anticipated Impacts: According to the specific conditions of the adjacent riparian property's CAMA Major Permit #163-07, this proposal could possibly have a significant impact on a shellfish resource in the project area. The proposed formalized boat slips, coupled with the existing adjacent marina, could have an impact on the adjacent open shellfish waters. The proposed 5-slip docking facility would not pose a hazard to navigation as it would be 20' from the edge of the navigable slough. As proposed, the docks and finger piers will shade approximately 627 ftz of open water/shallow bottom habitat, which incorporates 1,203 fe Brad Connell May 20, 2015 Morehead City Field Investigation Report: Page 3 of 3 along 47' of shoreline. The proposal encroaches into both of the adjacent riparian property setbacks. No SAV were observed in the area. These waters of Bogue Sound are not listed as Primary 'Nursery Area (PNA) and are classified as SA, High Quality Waters. These waters are within the White Oak River basin and are closed to the harvest of shellfish. Brad Connell May 20, 2015 Morehead City DCM Coordinator: Permit #: CH-15 MAILING DISTRIBUTION SHEET Permitee: li Y1fLL�S LUIH'<Ll N(9 Agents: -� DCM Field Offices Elizabeth fily (with revised work plan drawings) Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbly zz are Cultural Resources: eriee Glelill-Ear Public Water Supply: 1e-Lilliams (WIRO Joey White (WARD) DCM/ Shane Sta les Fisheries Specialist egg Bodn NC DOT: en Pace DMF/ a i Fow Shellfish Sanitation: annon Jenkins/Jeremy Humphrey State Property: im Walto Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: oanne Steenhuis — 4 Chad Co urn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: eorg a cett o'b�tt St�ntu�ter Wildlife Resources: a Dunn LPO: Fax Distribution: Permitee #: Agent #:_ North Carolina Department of Environmental Quality Pat McCrory Governor September 29, 2015 Charles Zwerling 2709 Medical Office Place Goldsboro, N.C. 27534 Dear Sir or Madam: Donald R. van der Vaart Secretary 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. Hu/Tgg 9 Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 k FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity kAf unnative Action Employer — Made in part by recycled paper "`This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (11/l/2012) Applicant: Charles Zwerling Date: 5/20/2015 Project Site County: Carteret Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Zwerling dock Date of initial application submittal (EX: 1/8/2007): 3/20/2015 Date application "received as complete" in the Field office (EX: 1/8/2007): 5/1/2015 Permit Authorization: NCAMA []Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes NNo Photos Taken: Yes ❑ No❑ Setback Required (riparian): ®Yes ❑ No Critical Habitat: ❑Yes ❑No NNot Sure 15 foot waiver obtained: ®Yes ❑No Hazard Notification Returned: ❑Yes NNo SAV: ❑Yes NNo ❑Not Sure Shell Bottom: NYes ❑No ❑ Not Sure Temporary Impacts: ❑Yes []No Sandbags: ❑Yes NNo ❑ Not Sure Did the land use classification come from county LUP: NYes ❑No Mitigation Required (optional): ❑Yes [-]No Moratorium Conditions: ❑Yes NNo ❑NA Environmental Assessment Done: ❑Yes ❑No N NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) N High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosurcides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit -$250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - N II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST :: v^r .nccoastafmananement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Charles Zwerling Date: 5/20/15 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 1 New Work ® Replace Pier Maint ❑ ❑ Y ® N 68" 6' Finger piers 3 New ® Replace 27 3 Maint ❑rk [I Y ® N ' 5 New Work ® Replace Boat slips Maint ❑ Ely ON New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ Ely ❑ N revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Charles Zwerling Date: 5/20/15 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One Includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp Impacts) amount Open water Dredge ❑ Fill El Both ❑ Other 1,203 ft2 1,203 ft2 Dredge ❑ Fill ❑ Bath ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1.888.4RCOAST :: w .nccoastalmanaaement.net revised: 02/15/10 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission P-ern't for X Major Development in an Area of Environmenlnl Concern pursuant to NCGS 113A-1 18 Excavation and/or filling pursuant to NCGS 1 13-229 Issued to Charles Zwerling 2709 Medical Office -Place, Goldsboro ,NC 27534 Permit Number 99-15 Authorizing development in-Cartettl County at adi. to Bogue Sound, 150 Headen Lane, Salter Path , as requested in the permiltee's application dated 2 P- D. 2115115 (MP14) inel. attached workplan drawings (2). 1 of 5 dated 4/24/15 and 2 of 5 (cross -sections only dated 4/24/15. This permit, issued on September 24, 2015 , 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 Lie suoJect to lines, imprisonment or civil action; or may cause tqe penun to tie auu +mu vom. -Docking Facility t) This permit authorizes only the 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 permanenI,part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted'on, in or over Public Trust waters without permit modification, 2) 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 permiltee is responsible. This prohibition shall be applied and'enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional'Coaditions) This permit action may be appealed by the permitlee or olher qualified persons within twenty (20) days of the issuing dale. This permit must be accessible on -she 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, 2018 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 Chalnnan of the Coastal Resources Commission ti Braxton .'bavis, Director Ivtsion of Coastal Managemeni This,pemmil and its condillons are hereby accepted. Signature of Pernlittee [Ciiarles Zwerling Permit No. 9.9-15 `P.age2. of.3, ADDITIONAL CONDITIONS. . The.permitteeshalhrnamtaiv,ihe�authorized'work,in'good.conditionrand;ineconformance.with the terms,. andiconditions of this,permit., The,permittee is;not�relieved°ofthis,'requirement•,ifhe abandons',thel 'permitted activity .without having. it•transferred'fo a third'party. 4) The'penriittee shall install'.andmaintain .at;his expense any signal"lights or`signals:prescribed�by. the U.S. Coast Guardy.throughregulatiomorotherwise,, on.,the-authorizedfacilities. At:a:mimmum,Permanent reflectors shall' he,atta'ch6d to the structure rn order to make itimore visible during'hours.of darkness or i inclement weather. 5) This,permitauthorize s a,makiinum of'5 £onnalized'boat.slips.. 6) '-No attempt-shall:be.,made'by'the;permittee to.prevei t the::full,and'-fre'e�use,by'the{public.of allnavigable waters at,or;adjacerit to,tlIe auihorizedwork'. i 7;) The authorized'structure;andassociated, activity,shall, not. cause- antunacceptableinterferencewith gySho6ld!eitheTadjacentpropd4y.'be sold''priorto,the,inntiationFdf�construction,tihe)permittee•shall;be required:to.obtain• a'signed'riparian:corridor waiver from:the new propertyowner(s) prior+to fhe placementofanystructures,within'the l'5rfootripariamcorridor. ` - ;Eas'menf, 9)• Pr'or'to,cohstructibnof'anynew.boaYstips.or other dock+irig facilities;under,this permit, the,permittee'shall, apply, for,. and receive.an,'Easement from the, De'pariment,of'Administration's;`State•Property Uffice�as, - `required -under N C.G;'S 146-1�2(e): - _ • TO)� The permittee,and/or his orilier;contractor shall�meet'with,a,representat ve of'tlie;Divisioni.prion:to `. •project initiation: ll)' The, constructtonand%oroperatron'ofthe;authorized•.facilitiesishall,not=directly result, an:anyclosure,of,any waters that are open;to,the;taking.of,shellfish. Any, such.clo'sure:directlyattriliutable,to the;marina facility shallfrequire that the:permittee',undertake remedial'actions,'to.remedy;the situation.,' 'Such actions may. ! include,;but.are not Iimrfed:to;;a removal'aof any, unauthori'zed,slips,or mitigative measures to reduce.or eliminatesttie cause(s); of thetcl'osure. 12) - • Thisipermikdoesinot.authorize:the'iriterference with.any existing{or,proposedlEederal project, and',the' ` permittee shall notbe entitled`to;compensationifor damage to,the authorized'structurelor.work, or�injury, which maybe causedFfrom.ex sting:or future operations undertaken by -the .United States+in the public; interest:` . d 3) No excavat om;or filling of any, opcn'water areaior vegetatedtwedands4s authori'zedby;tt is',permit - Charles:ZNerling 'Permit No. 99-15 rPage 3,of 3 ADDITIONAL CONDITIONS NOTE: This pertnitdoes not; eliminate themeedf t'o 6b ain:ariy additional state, federal,or.losal permits, approvals=o-r,authorizafionsithabmay be -required:. NOTE:TlieU:S.Army'.Corps<ofEngineers ;authorizedthe.proposed,prejpet 'by way. ofGeneral'Permit 0.7800056;(Action,ID,No. SAW=2015-,Ql289),,which.was.issued=on 6130/4 NOTE: The N.C..Diuision:ofWater Resources.assigned`thep'roposedproject,DWRProjectNo. DWR 204,5-0516; NOTE: Future development of'the;permittee's;property:may require -a niodification•of tliis;permit. Contact a (representative of the,Division:at,(252).80.8-2808,prior,to•the commencementof any such.activity for this:determination. The,permittee:is"further.advised ihatnranynon-water dependent.activities.are_notaauthorized`.withinn, 30 feet,of theaiormal high waterzlevel'. NOTE: An:application,processing fee'of$400!•was received`by DCM?for fhis,prcject. I M DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Charles Zwerling County: Carteret LOCATION OF PROJECT: Located at 150 Headen Lane, off of Salter path Rd., on Bogue Sound, In Salter Path. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 511115 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brad Connell DISTRICT OFFICE: Morehead Citv DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 5/22/15 FEE REC'D: $400.00 (100%) PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 6/17/15 ADJ. RIP. PROP NOTICES REC'D: Yes 133/13 DEED REC'D: Yes a" GerO W�rot�015)S6. APPLICATION ASSIGNED TO: Jonathan Howell ON: 5/22/15 C) 75 DAY DEADLINE: I I'S+ I 150 -DAY DEADLINE: MAIL OUT DATE: 5/22/15 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management- LUP Consistency Detesn inauon ✓. Division of Community Assistance L I IS Land Quality Seetion Division of Water Quality L Storm Weer Managemeot(DWQ) State Property Office /( ] Division of Archives & History Division of Environmental Health II q t Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Z '1 Corps of Engineers �/ /1 1— LA / NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM DATE: May 22, 2015 TO: Daniel Govoni THRU: Roy Brownlow 0 FROM: Brad Connell $U SUBJECT: Comments and Recommendations - CAMA Major Permit — Charles Zwerling, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal could possibly have a significant impact on a shellfish resource in the project area. These waters are closed to shellfish harvest. However, this proposal could expand the shellfish closure area of adjacent waters that are currently open to shellfish harvesting (reference the conditions 31, 32, and 33 of permit # 163-07). The proposed development is landward of the navigable slough and should pose little threat to navigation. This proposal is not in conflict with the current usage of.this area of Bogue Sound. There is no submerged aquatic vegetation, and the waterbody is not a PNA. CC: Roy Brownlow, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\ Affirmative Action Employer-50% Recycled \ 10% Post Consumer Paper , ..a _ North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary RECEIVED May 22, 2015 MAY 2 7 Y015 MEMORANDUM: OOM-Frsharloe WARO TO: Shane Staples Division of Coastal Management FROM: f fonathan How 1 1 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Charles Zwerling j Project_ Location: Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposed Project: Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11,,2015; If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency'has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE SIP f IS 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer R DENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM: TO: Jonathan Howell, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: Charles Zwerling DATE: 6/11/2015 Donald R. van der Vaart Secretary 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 purpose of the project is to construct a 5 slip docking facility for commercial use. Currently there is a 72 slip docking facility (Homer's Point Boating Club Inc.) located just adjacent to the project under review. The adjacent waters are classified as supporting shellfish harvest (SA) and high quality waters (HOW). The area is closed to shell fishing by the Division of Marine Fisheries Shellfish Sanitation Section. The addition of 5 boat slips will increase the overall number of slips in the closed area, resulting in additional shell fish area closures by the Division of Marine Fisheries Shellfish Sanitation Section. The applicant noted that there was a potential for the adjacent marina to reduce their operational boat slips by 5, which will not result in the closure of additional surrounding open shellfish waters. Additional closures should be avoided to reduce the impact to shellfish; therefore additional information is needed to document the 5 deactivated by the adjacent Homer's Point Boating Club Inc. prior to construction of the new slips. If an agreement could not be reached I object to the project based on the increase in shellfish, closure. Contact Gregg Bodnar at (252) 808-2808 ext. 213.or gregg.bodnar(@ncdenr.gov with further questions or concerns. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity IARrmative Action Employer —Made in pad by recycled paper NCDENR North Carolina Department of Environment and Natural. Resources Pat McCrory Governor July, 24, 2015 Charles Zwerling 2709 Medical Office Plaza Goldsboro, NC 27534 Subject Property: 150 Headen Lane, Salter Path No written Concurrence Needed Dear Dr. Zwerling: Donald R. van der Vaart Secretary DWR Project 4 2015 0516 Carteret County You have our approval, in accordance with the attached conditions and those listed below to contruct a.5- slip docking facility for commercial use, as described in your CAMA application dated May 22, 2015 and received by the Division of Water Resources (DWR) in the Wilmington Regional Office (WiRO) on May 27, 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3883 (GC 3883). This Certification allows you to use the General Permit 198700056 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits.beforeyou go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the General Permits or LAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 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 must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions.. Any new owner must notify the Division and request the Certification be issued in their name (15A NCAC 02H .0501 and .0502j. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910.796.7215\ Internet: www.ncdenr.eov An Equal eppodunilyV ITrmallvoAdon Employer —Made In partby recycled paper Charles Zwerling DWR Project 4 20150516 July 24, 2015 Page 2 of 4 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit (15A NCAC 02H .0501 and .0502). 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity Issues arise at 910.796.7215 4. Closure of Shellfish Waters Please note that no additional closures of shellfish waters are allowed as a result of the construction of these slips per [15A NCAC 02B .0201 and 15A NCAC 02B .0221(1) and (2)] 5. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative Impacts are accounted for and shown on the construction plans .[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 6. The permitee shall require its contractors and/or agents to comply with the terms 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 a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B. 0200 (3)(f), and GS 143 Article 21 Al 7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. (15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] Charles Zwerling DWR Project N 20150516 July 24, 2015 Page 3 of 4 8. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. Continuing Compliance: 9. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary toassure compliance, than the Division may reevaluate,and modify this General Water Quality Certification, [15A NCAC 02H .0507(d)] 10. Certificate of Completion The applicant and/or authorized agent shall provide a completed Certificate of Completion form to the Division within 30 (thirty) days of project completion. Mail to: NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of completion is available at: http://Portal.ncdenr.org/web/wD/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H 11. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours {15A NCAC 02H .0502 (e)). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by -this Certification shall expire upon expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: .A , Charles Zwerling DWR Project # 20150516 July 24, 2015 Page,4 of 4 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .05,00. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer.Burdette(ancdenr.aov or myself in the DWR Wilmington Regional Office at 910.796.7306 or by e-mail Joanne.Steenhuis(ancdenr.aov. Sincerely, J anne Steenhuis enior Environmental Specialist . Wilmington Regional Office Division of Water Resources, NCDENR Enclosures: GC 3883 cc: Douglas Guthrie —Consultant Liz'Hair- USACE Wilmington Regulatory Field Office Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Doug Huggett - DCM Morehead City— electronic copy Brad Connell'- DCM Morehead City —electronic copy WIRO e�� ��— NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Shel . r 16 V /twhreao O�� �0110n t1017a/ Patti Fowler Shellfish Sanitation Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. �A see-, "> 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 gw1mi Rts. SIGNED 01�, u -� �' "" �& "� DATE -1/01 S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer W 2 g 1t15 v Z�'0.004U 0. WNW North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM July 27t", 2015 TO: Doug Huggett DCM Major Permits Coordinator FROM: Andrew Haines Gc�+ Environmental Program Supervisor THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: Charles Zwerling — 5 Slip Docking Facility Carteret County Donald R. van der Vaart Secretary In reviewing this permit application, it is difficult to determine the impact of the proposed project, as the layout figures are not drawn to scale. It is also difficult to imagine the feasibility of actually fitting five boats into the space as proposed due to the narrow width of the lot and the shallow water depth at slip #1. As part of the review process for this project, Shellfish Sanitation staff carried out detailed site visits to both the proposed project location, and to several of the surrounding properties. During these visits, it was determined that the proximity of the existing dockage facilities at Homer's Point Marina and The Crab Shack Restaurant will necessitate an expanded closure extending 400 feet from the outermost slips at Homer's Point. The construction of five additional slips at the proposed project site will not cause any additional shellfish closures beyond this distance. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone:919-707-8600 \ Internet: www.ncdenr.gov An Equal Opportunity 1Affinnative Action Employer— Made in pad by recycled paper 1 North Carolina Department of Administration Pat McCrory, Governor Bill Daughtridge, Jr., Secretary June 30, 2015 To: Jonathan Howell Major Permits Processing Coordinator From: Joy Wayman - Real Property A Re: CAMA /DREDGE ill Permit Application Review Applicant — Charles Zwerling 5-slip docking facility for commercial use State Property Office Reply: The project will require a Submerged Land Easement provided that it is confirmed that the applicant is a riparian fee owner and can qualify for a submerged lands easement. RECEIVED JUL 06 2015 laCaa.yw„N b+µ Malling Address: Telephone (919) 807-4650 Location: 1321 Mail Service Center Fax (919) 733-1431 116 West Jones Street Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina An Equal Opportunity / Affinnative Action Employer Web: http://w .ncspo.org jr RECEIVED JUL 0 610b 0CA4-UHW *4* Pat McCrory Governor LVIKAA NCDENR North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary RECEIVED May 22, 2015 MAYl6 201i MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE State Property Office FROM: Jonathan Howell Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Charles Zwerling Project Location: Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposed Project: Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JUL 0 6 1015 r_�w-iwn� pit - 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 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808.28081 FAX 252-247.33301 Internet: www.ncooastalmanagement.net An Equal Opportunity I Affirmative Action Employer RECEIVED JUL 0 B 108 PCHIP k- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 TO AI-LIP1MONOP: June 30, 2015 Regulatory Division Action ID No. SAW-2015-01289, General Permit No. 197800056 Mr. Charles Zwerling 2709 Medical Office Place Goldsboro, North Carolina 27534 Dear Mr. Zwerling: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to construct a 5-slip docking facility at 150 Headen Lane, along Bogue Sound in Salter Path, Carteret County, North Carolina. Coordinates are: 34.6898 N,-76.8865 W. On January 1, 2011, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans and the enclosed general conditions and the Guidelines for Avoiding Impacts to the West Indian Manatee: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the revised plans received on 26 May, 2015, which are a part of this permit. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. RECEIVED JUL 0 9 NIS W"60-"Mw �14-v ypa Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Manatee Guidelines Copies Furnished (without enclosure): Mr. Robb Mairs Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Jonathan Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environment and Natural Resour* 1650 Mail Service Center 't� Raleigh, North Carolina 27699-1650q �� -3- Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUL 0 8 1015 4"90 4 NHbb IC' 40 AMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Maureen Meehan Division of Coastal Management Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reaso Is des ib/edd in the attached comments. SIGNED DATE l �'J 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.ncooastalmanagement.net An Equal Opportunity I Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor C. is.05, 29.'01 May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Dunn NC Wildlife Resources Commission Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Donald R. van der Vaart Secretary MpY 2015 REqFjVED 4AW_ CoP. . Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓/ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED . ! DATE G-9-7.015 RECEMED 400 Commerce Avenue, Morehead City, North Carolina 28557 JUN 15 2015 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nocoastalmanagement.net W�060QA An Equal Opportunity/ Affirmative Action Employer MUM North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary »: IVy. MAY 2 7 2Q3 May 22, 2015 BY:__ ....--- MEMORANDUM: TO: Dan Sams Division of Energy, Mineral & Land Resources FROM: Jonathan Howell Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Charles Zwerling Project Location: Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposed Project: Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JUN 04 2oz This agency has no comment on the proposed project. ww"-`wm' `''}" This agency approves of the project only if the recommended changes are incorporated. See attached. This agency ob'ects to the project for reasons described in the attached comments. SIGJIED \ DATE M 4-y 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nocoastalmanagement.net An Equal Opportunity I Affirmative Action Employer w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Diane Williams Public Water Supply Jonathan Howell Major Permits Processing Coordinator Donald R. van der Vaart Secretary AY Rp oftu ?pOr 'Ob//, rer)y vat, sot, CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: 'P This agency has no objection to the project as proposed. JON 041015 6* 4" AMy E'Mu 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 roject for reasons described in the attached comments. SIGNED DATE S �0 1'0 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.n=astalmanagement.net An Equal Opportunity / Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 22, 2015 MEMORANDUM: TO: FROM: / SUBJECT: Applicant: Project Location: Proposed Project: Linda Lewis Joanne Steenhuis Division of Water Resources Jonathan Howell Major Permits Processing Coordinator Donald R. van der Vaart Secretary ECEIVE MAY 2 7 2015 BY:--_—_.__ CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency s position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: _.,,�This agency has no objection to the project as proposed. RECEIVED JUN 0 4 1015 This agency has no comment on the proposed project. ot�ww-"Md b0+4' This agency approves of the project only if the recommended changes are incorporated. See attached. This agency ob'ects to the project for reasons described in the attached comments. SIGNED DATE S 2 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Intemet: www.ncooastalmanagement.net An Equal Opportunity I Affirmative Action Employer QUA kM NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor 1"Ir"'E E C E r•. JUN 1 2015 May 22, 2015 MEMORANDUM: NEW B E R N DISTRICT OFFICE TO: Ken Pace NC DOT, State Construction/Materials Branch FROM: Jonathan Howell Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Charles Zwerling Project Location: Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposed Project: Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Oiagency objects to the project for reasons described in the attached comments. REC iVEC SIGNED DATE 4 IoP I A JUN 0 4 10b NLl+rltllll�l 4.U.; 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer RECEIVED JUN 0 4 2015 ��� SEEN North Carolina Department of Environment and Natural Resources Pat McCrory Govemor May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Local Permit Officer Carteret County Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. JUN 0 5 2015 NuxN-wlhN This agency has no comment on the proposed project. VAS 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 ax-, DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer ,6 w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Donald R. van der Vaart Secretary Lee Padrick Division of Community Assistance Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. t 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,LC DATE S —1or RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.ncooastalmanagement.net An Equal Opportunity/ Affirmative Action Employer JUN 01 2015 INPYbdWMW 6u* FCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 22, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary MAY1 B?OJS� C sd�i/a ,e rion 6 �e�li7y, S c �o� 3r onC Patti Fowler Shellfish Sanitation Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Charles Zwerling Carteret County, at 150 Headen Lane, off of Salter Path Rd., on Bogue Sound, In Salter Path. Proposed Project: Proposes to construct a 5-slip docking facility for commercial use. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 11, 2015. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. - see, u� REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED O VGA^ �'� �`1�' t DATE ��a811S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252.247-33301 Internet: www.nocoastaimanagement.net An Equal Opportunity I Affirmative Action Employer ARM North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM July 270', 2015 TO: Doug Huggett DCM Major Permits Coordinator FROM: Andrew Haines h(A Environmental Program Supervisor THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: Charles Zwerling — 5 Slip Docking Facility Carteret County Donald R. van der Vaart Secretary In reviewing this permit application, it is difficult to determine the impact of the proposed project, as the layout figures are not drawn to scale. It is also difficult to imagine the feasibility of actually fitting five boats into the space as proposed due to the narrow width of the lot and the shallow water depth at slip #1. As part of the review process for this project, Shellfish Sanitation staff carried out detailed site visits to both the proposed project location, and to several of the surrounding properties. During these visits, it was determined that the proximity of the existing dockage facilities at Homer's Point Marina and The Crab Shack Restaurant will necessitate an expanded closure extending 400 feet from the outermost slips at Homer's Point. The construction of five additional slips at the proposed project site will not cause any additional shellfish closures beyond this distance. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-6600 \ Internet: www.ncdenr.gov An Equal Opportunrry %AKrmalive Acton Employer- Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM July 27t", 2015 TO: Doug Huggett DCM Major Permits Coordinator FROM: Andrew Haines Environmental Program Supervisor THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: Charles Zwerling — 5 Slip Docking Facility Carteret County Donald R. van der Vaart Secretary In reviewing this permit application, it is difficult to determine the impact of the proposed project, as the layout figures are not drawn to scale. It is also difficult to imagine the feasibility of actually fitting five boats into the space as proposed due to the narrow width of the lot and the shallow water depth at slip #1. As part of the review process for this project, Shellfish Sanitation staff carried out detailed site visits to both the proposed project location, and to several of the surrounding properties. During these visits, it was determined that the proximity of the existing dockage facilities at Homer's Point Marina and The Crab Shack Restaurant will necessitate an expanded closure extending 400 feet from the outermost slips at Homer's Point. The construction of five additional slips at the proposed project site will not cause any additional shellfish closures beyond this distance. ,..A 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in pad by recycled paper I Pier Length El I 1 1 65' max M� • , I 1 011 Legend i Feature 1 o Untitled Path i f A M aI }ri� ¢` y: toy Rar r 3 3 ��;r ! Mir �;rfi sg ®R grid NAP� A Remines ;Dail=�7 �i ��3'�S°ithlr7.xaiti' ;S7C3}i�iCaC�t February 6, 2015. TO: , Dr. Charles Zwerling FROM: Roy Brownlow, NC Division of Coastal Management Re: Proposal Scoping for Five Docking Spaces This document is a response to an inquiry made by Dr. Charles Zwerling to Division of Coastal Management Staff regarding the construction of a pier, platform, finger piers, and five (5) formalized boat slips ("5-slip Docking Facility"); at property located adjacent to, and east of, the Homer Point Marina in Salter Path, Carteret County. Both the Zwerling property and Homer Point Marina are adjacent to Bogue'Sound. Homer Point Marina was authorized under CAMA Major Permit No. 163-07, issued to Mr. Mike Fiorini on November 28, 200T This permit authorized new excavation, maintenance excavation, expansion of the existing marina from 10 to 72 formalized boat slips, development of a bulkhead, and relocation of an existing boat ramp. This development was substantially completed in 2008. When the Homer Point CAMA permit was issued, Mr. Fiorini owned both Homer Point Marina and the Zwerling property, which Mr. Fiorini had purchased from Dr. Zwerling in order to incorporate the Zwerling property's riparian area and linear shoreline into the larger site depicted in the Homer Point Marina CAMA permit application and resulting permit. Dr. Zwerling recently informed Division of Coastal Management staff that he has since re -acquired the Zwerling property, and wondered if his proposed 5-slip Docking Facilitywould be "permittable" or if there would be any issues that could lead to a permit denial. While the only way to get an official answer to this question of "permittability" is to proposea project .and let it proceed through the CAMA major permit review process to a permit decision, Division staff can try and spot issues they anticipate would arise under the CAMA major permit review process. However, without going through the formal process, Division staff cannot always anticipate all issues that might arise, issue soottina such as that noted in this memo is not o CAMA permit decisiow. In this_case, Division of Coastal .Management staff discussed Dr. Zwerling's proposed 5-slip Docking Facility with staff from the Shellfish Sanitation section of the Division of Marine Fisheries ("DMF") on February 5, 2015. Based on this informal review of the proposal, DMF staff noted that Conditions #31, #32, and #33 on CAMA Major Permit No.163-07 restrict or prohibit development of formalized mooring or dockage of vessels on the site (being both Homer Point Marina and the Zwerling Property) in orderto avoid the potential closure of surrounding open shellfish waters. DMF Staff also indicated that if Homer Point Marina would close off and remove five of its slips, Dr. Zwerling's proposed 5-slip Docking Facility would not result in the closure of surrounding open shellfish waters. Attachment: Copy of State Permit #163-07 4OyD sx rtia Ttrm1r4mlflii Flmm' '. G^-u`�`b. -.`i5'�ir�1Aa LY";Tit^-w': mzfarn'—, 44M12410l�t, mad9'42n' 4n3a '+"ratr[o'�ger_ljrat inyre�,-'Vc:-ed E�ff Permit Class 11 NEW Permit Number 163-07 STATE OF NORTH CAFBOLWA Department of Environment and Natural Resources and Coastal Resources Commission p[@fig/ 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 Mike Florin, PO Box 68, Salter Path, NC 28575 r Authorizing development in Carteret County at 160 Shore Drive, adi. to Boeue Sound, Salter Path , as requested in the permittee's application dated 3/20/07 aAP-1. MP-2. MP-61. & 4/5/07 (MP-3 & MP-4), inc. attached drawings (10), 1, 2, & 5-10 of 10 dated "rev" 3/20/07, 3-4 of 10 dated "rev" 4/5/07. This permit, issued on November 28, 2007 , 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 �� aUUJ :L w uuca, mnpnsurunem ur crvu acnon; or may cause me permm ro oe nun Zulu voru., Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including but not limited to all roads, the parking lot, and the 6 ft. wide, elevated, slatted boardwalk, associated with the development of the marina, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may. require a modification of this permit. Contact a Division of Coastal Management representative at (252) 808-2808 for this determination. (See attached sheets for Additional Conditions) 'leis permit action may be appealed by the permittee or other -qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall 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 shall cease when the permit expires on December 31, 2010 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 DENR and the Chairman of the Coastal Resources Commission. Jam . Gregson, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee ....... Mike Morini Permit # 163-07 Page 2 of 6 ✓'' ADDITIONAL CONDITIONS � 1 Excavation 2) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed the area that is expressly and specifically set forth in the attached permit application and workplan drawings. Any proposal to change the area to be dredged shall require additional authorization. 3) Excavation shall not exceed -5 feet below the normal low water level within and around the proposed marina, and excavation shall not exceed —6 feet below the normal low water level within the existing channel, all as expressly and specifically set forth in the attached permit application and workplan drawings. In no case shall the depth of excavation exceed the depth of connecting waters. 4) No excavation shall take place within 10 feet of any Coastal Wetlands. 5) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. NOTE: The permittee's contractor.is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. Spoil Disposal- 6) All excavated materials shall be confined to the area indicated on the attached workplan drawing behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. Any proposal to change the location of the spoil disposal area shall require additional authorization from the Division. 7) The permittee and/.or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the town, city, or local government to ensure that any damage to town streets caused by transport of the spoil material has been addressed. Shoreline Stabilization 8) The alignment of the authorized bulkhead shall be staked by the permittee and approved by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions shall require the alignment to be restaked by the permittee and re -approved by DCM within a maximum of 30 days prior to the new expected start of construction. 9) The alignment of the approved bulkhead shall not extend waterward more than 5 feet from the normal high water level at any point along its alignment. 10) The bulkhead shall be constructed prior to any backfilling activities. 11) . The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. Mike Fiorini Permit # 163.07 Page 3 of 6 ADDITIONAL CONDITIONS 12) 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. 13) The backfill material shall be clean and free of any pollutants except in trace quantities. 14) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. Marina �}1 (p� 15) Prior to the occupancy of any new slips authorized under this pemut, a marine pumpout sewage disposal facility shall be installed, easily accessible and operable, and maintained for the life of the marina. 16) Prior to the occupancy of any slips authorized -by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 17) The marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from both main piers. 18) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina 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. 19) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 20) The marina and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. This corridor is determined by drawing a line parallel to the channel or deep water, then drawing a line perpendicular to the channel line, or deep water line that intersects with the shore at the point where the upland property line meets the water's.edge. NOTE: The riparian access corridors were determined based off of the deep water line that is evident in the aerial photo found in the Environmental Assessment prepared for this project. 21) In order to ensure compliance with Condition No. 20 of this permit, an as -built survey showing the location and dimensions of the constructed marina, and the distance to the neighboring riparian corridors, shall be performed on the facility, and copies of the survey shall be provided to the Division of Coastal Management, within 60 days of completion of construction. NOTE: Failure to provide the survey required in Condition No. 21 shall result in a violation of this permit. Mike I+iorhd n ADDITIONAL CONDITIONS Permit # 163-07 Page 4 of 6 " 22) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 23) No additional structures shall encroach waterward of the existing bulkhead south of the authorized boat ramp. Should the Division determine that traditional use of the public trust waters adjacent to the boat ramp is adversely impacted, the permittee shall undertake remedial actions to remedy the situation. Such actionsmayinclude, but are not limited to, removal of any unauthorized structure or removal of any unauthorized boats moored adjacent to the bulkhead. 24) 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. 25) 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. 26) This permit does not authorize the interference with any existing .or proposed Federal project, and the permittee,will not be entitled to compensation for damage to the authorized structure or work, or injury that may be caused from existing or future operations undertaken by the United States in the public interest. 27) 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. 28) This permit authorizes A total of 72 formalized boat slips with lifts and the 3 temporary slips. Sedimentation and Erosion Control NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If necessary, this plan shall be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 29) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, - diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Stormwater Management 30) The N.C. Division of Water Quality approved this project under stormwater management rules of the Environmental Management Commission under Stormwater Permit No. SW8070220 on 10/8/07. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. 1Mike Morini Permit # 163-07 _1 • ]Page 5 of 6 ADDITIONAL CONDITIONS Shellfishing Closure 31) The majority of the waters adjacent to the permitted project are classified as "Open" to the harvest of shellfish. However, the areas surrounding the authorized marina are closed to shellfishing. The construction and/or operation of the authorized facilities shall not directly result in any further permanent closures of the water that are open to shellfishing. Any such closure directly attributable to the authorized facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 32) In order to prevent the mooring of vessels outside of the formalized boat slips, which would expand the shellfish closure area, the permittee shall install handrails along the landward side of "platform 3" terminating at the westward- most mooring piling of slip #34, and along the eastern end of both "platforms 2 and 3." 33) • In order to prevent the expansion of the shellfish closure area, no formalized mooring or dockage of any vessels, even on a temporary basis, is authorized on the adjacent pier formally owned by Dr. Zwerling. Easement 34) The permittee may be required to apply for a submerged land lease from the Department of Administration's State Property Office. Contact the Department of Administration's State Property Office directly at (919) 807-4650 for this determination. Should it be determined. that an Easement is required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of the Easement. N fitigative Commitments 35) Any mitigative measures or environmental commitments specifically made by the applicant in the Environmental Assessment for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of the permit and any subsequent modifications. General 36) Any future proposal for any additional formalized mooring shall require a major modification of this permit. 37) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. Mike F'iorini Permit # 163.07 Page 6 of 6 ADDITIONAL CONIDITIONS 38) No vegetated wetlands shall be excavated or filled, even temporarily. 39) Prior to any development on the property formally owned by Dr. Zwerling, the permittee shall have the property legally transferred into the ownership of the permittee and have the deed recorded with the Carteret County Register of Deeds. 40) The West Indian manatee (Trichechus manatus), which is listed as a federally endangered species, has been reported in the tidal waters of Carteret County. In order to protect the West Indian manatee all work should be done during the period from November 1 to May 31. If work must be done during the period from June through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" shall be followed. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any local zoning approval necessary to accommodate 75 boat slips, the seafood/marina store, the boat ramp, etc. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many, non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3642 (DWQ Project No. 070238), which was issued on 5/21/07. The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 2007-01024-016. Connell, Brad From: Connell, Brad Sent: Wednesday, March 25, 2015 9:39 AM To: 'dguthrie23@ec.rr.com' Cc: 'zwerling@ballroom.org'; Brownlow, Roy Subject: Revisions request --Charles Zwerling Major Permit application Importance: High Mr. Guthrie, This application is thorough and well prepared. However, it cannot be accepted as complete until you address the following issues with this particular application package... 1. Form DCM MP-1, 4d: please revise your answer to reflect the normal high water (NHW) level; 2. Form DCM MP-1, 5a: please check the Commercial box; 3. Form DCM MP-1, 5c: please elaborate on the construction methodology and the types of construction equipment to be used; 4. Form DCM MP-1, 5f: please revise your answer to 0 and check the Sq. Ft. box; 5. Form DCM MP-1, 6a: please submit a Project Narrative that discusses the background permit history of the project especially as it relates to the adjacent marina and the marina's existing sixteen boat slips that are currently within Mr. Zwerling's riparian corridor, that the adjacent marina's permit specifically prohibits boat slips at this property (ref. Permit #163-07, conditions 31-33 as well as the 2-6-2015 letter from Mr. Roy Brownlow), the need for this proposal, and construction methodology, 6. Form DCM MP-1, 6d: please submit a copy of the deed for the property; 7. Form DCM MP-1, 6f: please submit the signed certified mail return receipts and include the adjacent property owners' telephone numbers in the space provided; 8. Form DCM MP-4, la: please revise your answer and check the Commercial box; 9. Form DCM MP-4, 1d(ii): this answer is in conflict with the work plan drawings submitted —the answer states that there are five finger piers proposed, but the drawings only show three; 10. Form DCM MP-4, ig(ii): please include the number of existing slips within the riparian corridor from the adjacent marina (16 boat slips); 11. Form DCM MP-4,1h: please revise your answer to reflect the overall total number of boat slips that would be within this riparian corridor (5 proposed + 16 existing = 21 total boat slips); 12. Work Plan Drawings: please include current drawings as the ones submitted are dated from 2007, please revise the riparian property lines and 15' setback to reflect a 90-degree angle to the channel (as opposed to just an extension of the property lines out into the waterbody), please date all of the drawings, please indicate who made or drew the drawings on each one, please number each drawing (i.e. Sheet 2 of 4), please include a North arrow on each drawing, please submit drawings that are to scale; please number the 5 boat slips proposed, please draw the proposed boat lifts, please submit an existing site conditions sheet and separate proposed site conditions sheet, please remove details from your drawings that are not a part of this proposal, please show the depth soundings relative to the normal low water (NLW) level, and please include a detailed side view of the proposed docking facility relative to the shoreline, subaqueous depth contour, and indicate the NHW/NLW levels. Please note that this proposal appears to be in conflict with 15A NCAC 07H .0208(b)(6)(I), such that the adiacent riparian property owner. Mr. Vernon Guthrie, did not wish to waive the 15' riparian property area setback: Please note that this proposal appears to be in conflict with 15A NCAC 07H .0208(b)(5)(E) such that this proposal's A copy of these rules may be found here: http://portal.ncdenr.org/c/document library/get file?uuid=bebf8dbd-05eb- 47e5-80d1-b058fe27e480&groupld=38319 If I can be of assistance in the interim, please do not hesitate to contact me. Thank you, Brad Connell Field Representative NC Division of Coastal Management http://portal.ncdenr.org/web/cm/dcm-home E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Caw and maybe disclosed to third parties. CAMA Maior Development Permit Application Checklist This checklist is provided solely as an informational resource to assists in the preparation of the permit application. Although this checklist is not required to be filled out as part of the permitting process, nor is it required that this checklist be provided to the Division of Coastal Management (DCM), the items included within the checklist are required to complete the permit application. During the pre -application or application submittal meeting, a DCM representative will sit down with you and review the application package for completeness. The Division representative will refer to this checklist to determine whether or not an application is deemed to be complete or insufficient. Ifan application package is deemed incomplete, the specific deficiencies will be noted on the application checklist. A copy of the checklist will be provided to the applicant, or applicant's agent, at the end of the meeting. Once the items have been addressed, the applicant or agent should contact the local field representative to reschedule a final meeting. PERMIT APPLICATION FORMS All applicants must completely fill out all three pages of the DCMMP-1 form. Depending on the scope of the proposed development, you will also need to fill out some or all of the additional form(s) listed below. A checkmark beside the applicable form(s) indicates that the forms are required for the proposed development. _ MP-2 Excavation and Fill Information MP-3 Upland Development MP-4 Structures Information MP-5 Bridges and Culverts MP-6 Marina Development * All questions on the application form(s) must be complete, or the letter "N/A" must be placed in each item that does not apply to your proposed project. * All of the information provided in these forms must accurately correspond with the submitted workplan drawings. WORKPLAN DRAWINGS All drawings must be neat, clear, and of standard size to permit photographic reproduction. If blue prints or sheets larger than I x 17" are used, 27 copies must be submitted (it is advisable to request that a Division representative inspect a final copy of the workplan drawing(s) prior to making the required 27 copies). Drawings larger than 11" x 17" should be folded to legal size or smaller. The workplan drawings must be accurately drawn to an engineers scale (1"-200' or less) (example 1"=30% 1"=50', 1"=60', 1"=100', etc.). The scale must be indicated on the drawings. The following list of items must be indicated on the workplan drawings. No application or workplan drawings will be accepted as complete until all of the applicable items on the checklist have been approved by the DCM. . CHECKLIST Cont. A DCM representative will review the permit application and workplan drawing(s) and mark off each items) listed on the checklist that is deemed to be complete. An item that has not been "checked off' indicates that additional information is needed in order to accept the application as complete, or that the item is "Not Applicable" to the proposed project. A copy of the checklist will be provided to you at the end of the pre -application meeting, or submission meeting, once the entire permit application package has been reviewed. Workolan Drawines Simple Title Block (indicating name of applicant) Drawing Number(s) — (example: drawing/page/sheet 1 of 4) Date workplan was prepared Vicinity Map Standard North arrow Legend and aQje. Dunes (primary and frontal dunes if applicable for development within the Ocean Hazard Area of Environmental Concern) K Shoreline Waterbodies (indicate name of water body) Width of adjacent water body Marsh Lands (federal wetlands) Coastal Wetlands (indicate both upper and lower limits) "404" Type Wetlands Existing and proposed man-made structures Exact areas and dimensions of proposed excavation (for both high ground \ and in water excavation) Exact areas and dimensions for fill and -or spoil disposal (for both high ground and in water fill) tool Existing water depths relative to NormalloVater Level (indicate datum used to determine depths and whether or not soundings were collected based on elevation or vegetation; also indicate proposed water depths for `j dredging projects) \ Approximate Normal Water Level (NWL) Approximate Normal Low Water (NLW) Property boundaries Riparian Corridors (for structures located over public trust waters) Distance of proposed structures to the federally maintained channel(s) Names of adjacent property owners 1 Area of Environmental Concern (AEC) boundary (example: 75-foot Estuarine Shoreline AEC, 575-foot Estuarine Shoreline ORW Shoreline AEC, Ocean Hazard AEC, Inlet Hazard AEC, etc.) 30-foot Coastal Shoreline Buffer First Line of Natural Stable Vegetation Small and Large Structure setbacks Depth and elevation of existing structures Proposed work relative to the existing ground level CHECKLIST Cont. Cross -Sectional (side -view) Drawin¢(s) DWQ Riparian Buffer Zones Elevation of existing dunes (applicable to Ocean Hazard projects) First floor and building height elevations relative to Mean Sea Level (MSL) for any proposed buildings Roadway cross-section (including right of way limits) are planning to submit color drawings with the application package, uniquely color -code and label the natural features as indicated below: Normal High Wa — (in Blue ink) --------------- MHW-------------- Normal Low Water (in Black ink) ---------- ---- NEW Wetlands — (i Green ink) --------------C Ws --------------- Federal "404" type Wet ds — ' agenta ink)----------404 wetlands--------- PropertyBoundaries ----Pr rty boundary/line Estuarine Shoreli AE---------75' Estuarine Shoreline AEC--------- 575-foot ORW Shorel'---------- ' RW Shoreline---------- 30-foot Coastal Shor ne Buffer----------3 al Shorline Buffer---------- OceanHazard AE Ocean Hazard AE----------Ocean Hazard AEC ----------- Small Structure etback---------????' Small Structure Setback---------- LargeStructur Setback ---------????' Large Structure Setback---------- FirstLine of atural Stable Vegetation --------First Line of Vegetation------- OTHERREQUIRED INFORMATION (checkmark indicates that information is complete) Project Narrative Application Fee Signed Certified Mail receipts from adjacent riparian property owners Deed (or other legal instrumen under which the applicant claims the right to develop the property in question) Consultant/Agent Authorization agreement form Wetlands Delineation Approval (from the U.S. Army Corp of Engineers) Stormwater Management Certificate Ocean and Inlet Hazard Notices Other Information (any supplemental information that the Division of Coastal Management requests for processing) Primary Nursery Area (PNA) Submerged Aquatic Vegetation (SAV) Outstanding Resour ORW) Shellfish Waters _Open a 3 Applicant/Agent signature DCM Representative Dat e�� , NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM DATE: May 20, 2015 TO: Daniel Govoni THRU: Roy Brownlow FROM: Brad Connell Donald R. van der Vaart Secretary SUBJECT: Comments and Recommendations - CAMA Major Permit — Charles Zwerling, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal could possibly have a significant impact on a shellfish resource in the project area. These waters are closed to shellfish harvest. However, this proposalCmmay cause a closure of adjacent waters that are currently open to shellfish harvest (ref conditions 31-33 of permit #163-07). The proposed development is landward of the navigable slough and should pose little threat to navigation. This proposal is not in conflict with the current usage of this area of Bogue Sound. There is no submerged aquatic vegetation, and the waterbody is not a PNA. V®ID CC: Roy Brownlow, DCM 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252.247-3330 \ Internet: www.nccoastaimanagement.net An Equal Oppodunity\ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper ON MP-1 APPLICATION for Major Development Permit _ _ (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Ap licant 1: First Name H MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 2709 M tco 091CA. PL PO Box y 6014S66W State N ZIP q 27 J Country Phone No. ext. FAX No. Street Address (if different from above) City State ZIP Email zV\erL M ej b0-11rooM. oc V _ I'ri ,1 t. ✓ 1 2. Agent/ContractorInformation Business Name Agent/ Contractor 1: Firs"'- puLAY1 MI' Last Name C1�2 1 Agent/ Co actor 2: First Name MI Last Name Mailing Address PO Box 34 City e Slate N e-- ZIP -zq �� S Phone No. 1 25Z-o.0 -V 7G'$Sxt. Phone No. 2 _ ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email r IQ C-� �� 3 !"C Riz . co .7t.1 RECEIVED <Form continues on back> rlNrt Z V tut] fi#K1MX MMH elTy Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can tie multiple) -_ (- er Strezi Address " - "'"` -" -"'_"-"'""--'�—.. _.__.--`"` - 160 Re, Ago Lone, State Rd: #'-"" - •- _. _._.. _.. Subdivision Name City Sal{Se,Y F 1, State I NQ' Zip 2`b -) S Phone No. - Lot No.(s) (if many, attach additional page with list) ?S-L- OJ [-7 4%ITexl. Lot -7 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project o& `13 0 UkJl- u c. Is the water body identified in (b) above, natural or manmade? d. Name thdclosest major water body to the proposed project site. 'Natural []Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? Yes []No I. If applicablee, list the planning jurisdiction or city limit the proposed lls w�a`�T`Cr'�`�C G un �--O 04 'It 'Pro 9 c.r 44 IS iocaKili tt' an Mn-Lor)td 0.C.'EA V 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 5 1 IFT y S III em. c. Size of individual lots) 1 � Q G d. Approximate ele Lion of tract above NHW (normal high water) or NW L water level) t1 . (normal (If many lot sizes, please attach additional page with. a list) ❑NHW or $(NW L 5' e. Vegetation on tract " Nance � L Man-made features and uses now on tract r ��'• \ $ul W I n Flil "doc- - g. Identify and describe a existing land uses adiacent to the proposed project site. �X76+lr)G�) YV')OY-lIl 3 v e L0+ h, How does local government zone the tract? L Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) unto ned 1IYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes KNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes VNo ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> MAR 2 0 2015 DC`.e-v.Ho CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes XINO (fi)Are there coastal w4tf4nds do Z6esife? ' � �' ' '"' ❑Yes.". - N5"'- (ifi) 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. �l oNC� o. Describe existing drinking water supply source. Tw%tte- S` s�,P-rn p. Describe existing storm water management or treatment systems. ri(ON-Q— 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government \o W 0 5 v-p ro vtIO ❑Private/Community b. Give a brief description of purpose, use, and daily oper ions of the project when complete. Muses. U r� D Ry -1>0Gk 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. Wood Fra.+,¢ docr(� w,�{, F''�v•� book' Sr,py ot»c� 1+��5 d. List all development activities you pr000se. �d]G, doC.k ?�zn5+411 Ftve boat S1fP tv,�6, boo# Is�fs e. Are � t`he proposed activities maintenance of an existing project, new work, or both? -)` CW f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres N01412— abave' Nw1 g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes QNo ❑NA that the public has established use of? No 14 Qr h. Describe location and type of existing and proposed discharges to waters of the state. Z)6 1 c��a� n a 4- nV-,CAY- vJC", 4- ov efz I. Will. wastewater or stormwater be disaharged into a wetland? UYes ❑No RNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No *A j. Is there any mitigation proposed? ❑Yes []No A If yes, attach a mitigation proposal. RECEIVED MAR 2 0 10n <Form continues on back> ,t7p,n, MN� P,IT`Y Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In eddltkin to this compared application form, (MP-1) the following items below, if applicable, pwst be submitted in order for the application package to be complete. Items (a) - (n are always applicable to any major development application. Please ixnwit the application instruction booklet on law to property prepare the required items below. n f a. A project narrative. TO Jr'�✓�i.G Kul t'. �tlf'1 C (rr�,• b. An accurate, dated work plat (including plan dew and cross•sedianal drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work. clearly indicva on maps, plats, drawings to distinguish between work completed and proposed. ,P,,C 14 le•e, b 1 �- c. A site or location map that Is sufficiently detailed to guide ag 14 perspnel mar li r with t areato Zsite. sso d. A copy of the deed (with slate application only) or other instrument under `which the applicant claims title to the affected properties. a- The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses or the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Oiviston of Coastal Management Name realve v'1M 1 Phone No. Address I q G Mr`,449V L.YV S 190,54 4.LhA Name V""I'PTZ'.hq 1 Iy p Phone No. Address — Name Phone No. Address g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, penniltee, and Issuing dales. h. Signed consultant or agent authorization form, if applicable. ��•� I. Wetland delineation, if necessary. fir j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) N IQ k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure ublic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the The project will be subject to the conditions and restrictions contained in the permit. in the I certify that I am authorized to grant, and do in fact grant permission to representatives of stale 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. further qcertify that the information provided in this application is truthful to the best of my knowledge. Date Print Name iu=�tFSFI�L N� Signature d t Please indicate application attachments pertaining to your propose projec . ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development *CM MP-4 Structures Information MAR $ 0 2015 tabw �f� etry Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1 :DOCKING F CILITYWARINA CHARACTERISTICS El This section not applcabla' 4.n ,,: .s n...,K a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial %ruonoraovernment�liHuai ommunity 'jYes ❑No c. (1) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length �e (Iv) Width sQ_ (v) Floating []Yes MNo e. (i) Are Platforms Included? ❑Yes 0No If yes: (11) Number (iii) Length (iv) Width _ (v) Floating ❑Yes ❑No . Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed (i) Number of slips existing V 1. 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 the facility have tie pilings? %Yes []No (ii) If yes number of tie pilings? A— d. (i) Are Finger Piers included? XYes ❑No If yes: (1i) Number ,�1;51 (iii) Length Z� (iv) Width_ (v) Floating ❑Yes kNo f. (i) Are Boatlifts included? $Yes []No If yes: (ii) Number Z (iii) Length (iv) width 13' h. Check all the types of services to be provided. ❑ Full service, Including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies Dockage ('Wet slipsl only, number of slips: 5 ❑ Dry storage; number of boats: ❑ Boat remp(s); number of boat ramps: ❑ Other, please describe: J. Describe the typical boats to be served (e.g.,(ten runabout, charter boats, sail boats, mixed types). l I. (1) Will the facility be open to the general public? RECEIVED Ves []No MAR 2 0 1015 252-808-2808 :: 11-888-4RCOA5T :: www.necoastaimanaaement.net revised: 12I27106 Mv 4J E North Carolina Department of Environment and Natural Resources Division of Coastal Management Do- %JA.J DI VaAIL Pat McCrory Braxton C. Davis di}I— . Governor Director Secretary Date Applicant Name dtr I Mailing Address s-, ' fE c- L <gddskbra NJ C- I certify that I have authorized (agent) t/I+u4j447 (A�11e. to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) This certification is Signature thru (date) at (location) CO TL RECEIVED MAR 2 0 2M5 party U'7 CRY 400 Comm Ave., Morehead Cl y, NC 28557 1�TtiirtFi DIVISION OF COASTAL Name of Property Owner: Ch. AR. t. (L5 Z f //t /t I- Address of Property: 1 S0 /-J A.D #!K J 1-W 5 *e' f/L"e— A A /, C. /n� I (Lot or Street #, Street or Road, City & County) Agent's Name #: No V�) i-a AW-; � Mailing Address: %✓ ox �1 t Agent's phone #: Z 5 Z - %01r-7(8 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you mustnotifythe Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC, 28557. DCM representatives can also be contacted at (252) 808- 2808: No response is considered the same as no objection if you have been notified by Certified Mail, WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. r1 1 RECEIVYD I do not wish to waive the 15' setback requirement. MAR 2 0 1015 (Property Owner Information) (Adjac Property Owne nfor tion) Signature Signature Print or Type Name �2 7 0' -1nAJ&,LL '06—f1cC �l Mailing Address (AU5 h cl ✓l%.G, 27S 3 Ci City/State2ip. /-9�g•�3G- 393 Telephone Number Date 1 /.� ne-1 ) c Print or Type Name Mailing Address SCPa CityfState2ip 2 - -ri r) Telephone Number Date Revised 611812012 DIVISION OCOASTAL MANAGEMENT Name of Property Owner CClJo/Z Z k//- 9 4 415 Address of Property: 1 57-0 L.4y/t ,S'9_.-- /— 1 �4 c- . (Lot or Street #, Street or Road, City & County) Agent's Name#: K./ov5%S (,yT4A-`✓` Mailing Address: bd)( -22cl Agent's phone #: 54� I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawina with dimensions must be provided with this letter J I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notifythe Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., (Morehead City, NC, 28557. DCM representatives can also be contacted at (252) 808- 2808. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement, (Property Owner Information) Signature CA42/F S Z wr,�L,`�S Print or Type Name 7 o 9 vgx,4L u rC`�`ck- jo/qof— Mailing Address 6-e P 5 b o 20 iv, C-- City/State/Zip. 2--7 K Telephone /9iq—?36���3 Date (Adjacent Property Owner Information) Si ture M —. Print or Type Name �QI!2 6/q Mailing Address S C1 A)6�t�s City/Stategip Telephone Number Date Revised 6/18/2012 O �3 Z r mz r-_ PROP✓ kTY uNES ETgACI<SINES BACK LINES "<LJPERTY LINE, ® o- APR 5 Z00 p 11'.. Sound (.�p/� p//p���� 99!!11__ � snomme gh ead V� ®VM j SITE I_ No i I j BMRfine ". - ",gM " . AtlanOC Groan Site Location Map NTS aY .I Legend Property Line — — — — - — iNHW Line -- -- — Ra 30' Buffer ----------- a 75' AEC Line----------- y CONCRETE �� A�*• a T""^'T^°i^T D. BUILDINGS t svwp M I >D�„n..a M LAND MA W1GEMDNT IS NOT RESPoNSIBLE FOR LOCATING. OR THE LOCATION OF, U ILHIES. MY UTIIfTIES SHOWN ON THIS PWJ HAVE BEEN PROVIDED BY THIRD PARTIES AND ARE FOR GENERPL REFERENGEPURPOSESONLY. RISTNERESPONSMILIWOFTHE OWNFAIAPFUGFM ANWOR WO CTOR TO LDWACTA PROFESIONAL UTILRY LOCATING COMPp . 20 40 80 1RO Nate: Adjacent Stmotume and Property Unes ere Appnodmate Note: All Deelgnated S11, (1-72) WIII Have Boat Ufis. e. D eer�n�km)+np1,.... PRELIMINARY NOT FOR CONSTRUCTION Project Oab: Homers Point Marina Applicant Sala Mike Fiarini Tine: ores er. Site Plan /s STROOD ENGINEERING, P.A. ZT UW O MANAGEMENT IS NOT RESPONSISLE FO R TIIE ACCURACY OFSAIDINFORMATION erzam 1,87 GSF aznsate Sam r" HUW.Wd 4h4 slot 10 AM 03AI3036 f .. N/F NON LEROYc (,`, ') UHv,v n._r.. SIR 10 Aaw N/F VON LEROY c �p.��5U.57 3 � a0 ��ct TINV'3 Tb pEVAIN. Jf /V;4 1 i EXISTING BUILDING N/F N/F VERNON LEROY c Now""' 0 Yly MAC' AIL I PA! -AT SECTION BOGUE SOUND ` -KM"m MIFVIY ] vn jmujmrjml ,fll I j k .nre�a. sa n. ilwr� `w LLL p - •-- - m Y > > Y• r r• u u r •r —1 � m n r n�^ „a a > O asrR O G.aO BFweiG x l.'1]lY i OPD eEHrc x a'tCa' x m.w¢ net cHao pSiu4 n0x O GIIK L.W MA t m MT MK �S. law MT d.Rt4 GSrAV"L ft" Mn s p I.s, m r • A IXfdo M. x ]0'iYM' i CIKMn 4[YaC M l'M'.0' E .wwr•u x« - [... IXSrMIQ ISl� PtrRD dSi11MT 22) i J Dsbc brnw YWMW i SMG { M � � m ra+wn tw � n tn.mr.-yaw m � _ "1 :t:nw' nxaots. HCMFRS --:N' MAR!, • �� .wu �i:unw[ rim). x.r ...... wmess s-Ors .xrlE ... wy� • ConnectGIS Feature Report Page 1 of 1 �CONNECTGIS WEB HOSTING Address Points Parcels - Updated 12-22-2015 El Centerlines C Railroad Right of Way 13 Pole County Boundary y W►�W O — — Other County a- �r -_ __-, <all othervalul Cart PIN 9957 I h aix Acreage f — Parcel Dimensions Lot Number s5 V 1 i v:.., s 1737 r; I ..f a TF: Printed January 06, 2016 See Below for Disclaimer 1 : 96 Feet t lI/29R015 Attention••••"••••""•""•••••••••••••••»••»•••••••"••"••"•••"••••••»•»••»••••• We are aware that the link to the property sketches and photos ma One you to hit refresh on your browser to get the images to appear. We are working on this and expect it to be fixed the first week on January. Thank you for you atience.»""•"'•"•••••••••••••••••••••'•••••••••••'••'•••••'•"••••••••»•••••» The information displayed by this website is prepared for the inventory of real property found ithin this jurisdiction and is compiled from recorded deeds, plats, and other public records and data. Users of this information are hereby notified that the farementioned public primary information sources should be consulted for verification of the information contained on this site. Carteret County assumes no legal esponsibiliry for the information contained on this site. Carteret County does not guarantee that the data and map services will be available to users without interruption r error. Furthermore. Carteret County modify or remove ma services and access methods at will. http://carteret2.connectgis.com/DownloadFile.ashx?i=_ags_map79b 1 d66827534557a658ffc... 1 /6/2016 ON [to] NCDENR NlD ih Ca-:-. Envj miat� Uatm Resources Dr. Charles Zwerling February 6, 2015 FROM: Roy Brownlow, NC Division of Coastal Management Re: Proposal Scoping for Five Docking Spaces EOnaid9a.. Yw, { ar'V.mrl Secrelarly This document is a response to an inquiry made by Dr. Charles Zwerling to Division of Coastal Management Staff regarding the construction of a pier, platform, finger piers, and five (5) formalized boat slips ("5-slip Docking Facility"), at property located adjacent to, and east of, the Homer Point Marina in Salter Path, Carteret County. Both the Zwerling property and Homer Point Marina are adjacent to Bogue Sound. Homer Point Marina was authorized under CAMA Major Permit No. 163-07, issued to Mr. Mike Fiorini on November 28, 2007. This permit authorized new excavation, maintenance excavation, expansion of the existing marina from 10 to 72 formalized boat slips, development of a bulkhead, and relocation of an existing boat ramp. This development was substantially completed in 2008. When the Homer Point CAMA permit was issued, Mr. Fiorini owned both Homer Point Marina and the Zwerling property, which Mr. Fiorini had purchased from Dr. Zwerling in order to incorporate the Zwerling property's riparian area and linear shoreline into the larger site depicted in the Homer Point Marina CAMA permit application and resulting permit. Dr. Zwerling recently informed Division of Coastal Management staff that he has since re -acquired the Zwerling property, and wondered if his proposed 5-slip Docking Facility would be "permittable" or if there would be any issues that could lead to a permit denial. While the only way to get an official answer to this question of "permutability" is to propose a project and let it proceed through the CAMA major permit review process to a permit decision, Division staff can try and spot issues they anticipate would arise under the CAMA major permit review process. However, without going through the formal process, Division staff cannot always anticipate all issues that might arise. Issue soottina, such as that noted in this memo, is not a CAMA Permit decision. In this case, Division of Coastal Management staff discussed Dr. Zwerling's proposed 5-slip Docking Facility with staff from the Shellfish Sanitation section of the Division of Marine Fisheries ("DMF") on February 5, 2015. Based on this informal review of the proposal, DMF staff noted that Conditions #31, #32, and #33 on CAMA Major Permit No. 163-07 restrict or prohibit development of formalized mooring or dockage of vessels on the site (being both Homer Point Marina and the Zwerling Property) in order to avoid the potential closure of surrounding open shellfish waters. DMF Staff also indicated that if Homer Point Marina would close off and remove five of its slips, Dr. Zwerling's proposed 5-slip Docking Facility would not result in the closure of surrounding open shellfish waters. RECFIVED Attachment: Copy of State Permit #163-07 MAY 0 1 2015 41-i Zimre-ce Amxe Mcferew Z-tr Nicit,Ca a2855i oac-MAU1 P" ;ho 2 e&fii&0 ,'xec wm.m'eati� p aeetret Si ^iala;f;FrL9!WIIIA'�:'4fiNn8@W Aaa.n r'^�i�n![r-M1Na.4r Im TS;.:M mey/.l4�ff&'fi,' ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we.can return the card to you. [13 Received ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Z9., ( ('-U -(- (r,,- ZSrs7S 0 Agent C. Date of Delivery deliverydddran different from item 1? u Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ certified Made ❑ Priority Mail Express- ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 2120 0004 6902 3083 (transfer from service laben PS Form 3811, July 2013 Domestic Return Receipt i UNITED STATES POSTAL SERVICE I I I I I First -Class Mail Postage &Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• 06t)5InS 6,"'T�& r Z4f��'S ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: jjr ►~0o2irvi r0 Shoti� 192 OP/ i-ryl &e- 295'/7, A. Signature 0 Agent x 1/1A . 7:;4- = � ..- B. Recdfved bAPrinted Narfie) C. Date of Delivery I.q. D. Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ Collect on Delivery 4. Restricted Delivery? (ire Fee) ❑ Yes 2. Article Number (transfer from service label) 7 014 212 D D 0 0 4 6 9 D 2 3 D 7 6 PS Form 3811, July 2013 Domestic Return Receipt UNITED (L 9MRQLINA • Sender: Please print your name, address, and ZIP+4® in this box* ho(t3.4's Ge rie PC Eck 3� Sl�er AA ilia I] ! !i II!u lh!r!I!I!ul' !!I IIi!iln!!nl!IIPh Exh b1-� A w aaaas_� 711 • 44 AG DETAIL t A PAVEMENT SECTION •L RDdt WR091.R C A` — wq✓ UW S H! . . �! . • H) . • E ! . 10 ApWw*rala SR it 12431� x SHELL a s R � Sl f i s—un � 1 Tiny F2 tly .Y 21 BOGU{IS}I $GUIO '{I� 12 HIS • 1. 1 11! • 16 J 11) • 11 H f! . H H 21 • .� H n 7I7I • !! J I 21 a'or(plw1ta�h M4010I 3 •„� D, Y� 51 • b�!! • H�tT . H�!! nHml rat Tro As • 01 K • „ H • !1 H x '•-rr �u x • M • K • n • K N 1=rm�miiirNr _ I'JNlnnmmlirCw�xNHY(ryiun C:.n+HnrrHRHurCHNN, pHII1HN00/I ��� 16 eae�aHus n •' NAB"� 1! •1 •K 2 • s5 i 1s• �"' i3 N 1 3 DURK O DtRIK O CRK RADIUS 30.00 CRK RADIUS 30.00 LURK DISTANCE ZVI CRNL DISTANCE 11.62 CHORD 9EARIND N 2A'15'12' • CHORD BEAOND N W ITar N CHHORO DISTANCE 21.61 CHO" DISTANCE II.S{ CRK 0 CURK O DIRK RADIUS 30.00 DIRK RADIUS 50.00 C DISTANCE 15.69 CIRK DISTANCE W" CHORD KARND N 30 22'A5' R CHORD BEARNO N 53'O9'M• E CHORD DISTAHCE 1551 CHORD DISTANCE 12.2E WWIIIR NAM IRAw[ 10 11eTL•NDS ON SITE HOMERS P 0 1 N T MART RECEIVED MAR 2 0 2015 us..we-alnk 1�kL lf{ . • ii lot \ 0 l — e r• ,yam—..•^-.x.±..y;. .. . • r 1 1 w {1 „ii,;+f•7 - � .'F�,a+l�'li`T'°F_ :�:ry„''^-=' - ` ^.K � t }� '� ��R-. � 1 ._ "t.. ,1 1 ' i .:.� r.ia�'T A .0 �t,�g - c`� {T= i "• � lip ��� ' f —•.�.• a p.1 al•" � C..I1 R.` •.1 /•r -F 'j�l �k: •lti 'tt�t')� tt1Fe+-��1'�`i. R �_�- .ti: �e.. ` r '�. 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