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HomeMy WebLinkAboutRET GrayEnvironmental Quality Mr. Michael Gray and Mrs. Pamela Gray 52 E Bayside Drive Chocowinity, NC 27817 Dear Mr. and Mrs. Gray: PAT MCCRORY Governor DONALD R. VAN DER VAART secretary This letter is in reference to your application for a Coastal Area Management Act Major Development to undertake development activities on your property at 51 Canal Court in the Bayside Shore Subdivision, in Beaufort County. We received your request via email to discontinue the permit application. This letter is to inform you that this project and all application materials have been officially retired. Should you have any questions, please do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (courtney.spears@ncdenr.gov). Sincerely, Courtney . Spears Assistant Major Permits Coordinator -75�'-^Nothinq Compares State of North Carolina I Environmental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699-1601 919-707-8600 r � f w DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) . New Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Date Time Message cA-�i ca*i+r tovv� VYALWH rh �Otn--(-o II/ Spears, Courtney From: Spivey, Kelly Sent: Tuesday, November 24, 2015 2:28 PM To: Huggett, Doug Cc: Scarbraugh, Anthony; Dumpor, Samir, Spears, Courtney; Howell, Jonathan Subject: Mike & Pamela Gray Major Permit application, Beaufort County Doug, Mr. & Mrs. Gray have decided to withdraw the CAMA Major Permit application that is currently under review due to mitigation requirements for the filling of 404 wetlands. I am forwarding a request from him to withdraw the permit review. If you have any questions please don't hesitate to contact me. R. Kelly Spivey Field Representative Division of Coastal Management North Carolina Department of Environmental Quality 252 946-6481 office 252 948 3853 mobile kelly.spivey@ncdenr.gov 943 Washington Square Mall Washington, North Carolina 27889 Nothing Compares� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pam Gray[mailto:pgraycbt@embargmail.comj Sent: Tuesday, November 24, 2015 12:15 PM To: Spivey, Kelly <kelly.spivey@ncdenr.gov> Subject: Permit Filing Dear Kelly, Thank you so much for all of your assistance in the pre -leg work concerning the permit we were interested getting to do some work at 51 Canal Court, Chocowinity, NC 27817. Upon review of the further stipulations required we have decided not to pursue getting the permit. Again, thanks for your assistance. Happy Holidays to you and yours. Pam & Mike Gray A North Carolina Department of Environmental Quality C� Pat McCrory R E C E I V tt ld R. van der Vaart Governor U Secretary NOV 12 2015 MEMORANDUM DOA, TO: Mr. Tim Walton STATE PROPERTY Director OFF ICE State Property Office FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 10 November 2015 SUBJECT: CAMA Application Review APPLICANT: Michael and Pamela Gray PROJECT LOCATION: Project site is off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River new Chocowinity in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes fill ±2900 ft2 of wooded wetlands. Please indicate below your position or viewpoint on the proposed project and return this form by 30 November 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. -a1L S y ¢rfi t\ This office has no comment on the proposed project• This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed W *`dC-- lA-X� Date 1 2 4- z° 1 S 'Rees 1VA-of e,," AACA- -- RECEIVED DEC 11 2015 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: wwwncdenc.gov D C M- I'll CITY An Equal Opportunity 1 Affirmative Action Employer- Made in part by recycled paper 1. a 1.1 7 IIDMSI ON OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Michael and Pamela Gray LOCATION OF PROJECT SITE: Beaufort County off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity, North Carolina Photo Index -1995; 99-1047, Vl7 2000; 99-1125, V7 2006; 99-8173, C19, D19 State Plane Coordinates - X: 2,587,000 Y: 643,600 Washington Quadrangle - Lower Right Comer 3. INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 22 October 2015 Was Applicant Present - yes PROCESSING PROCEDURE: Application Received — 6 November 2015 Office - Washington SITE DESCRIPTION: (A) Local Land Use Plan -1997 Beaufort County Land Use Plan Land Classification From LUP - Conservation (water), Rural (land) (B) AEC(s) Involved: Coastal Shoreline (C) Water Dependent: Yes (D) Intended Use: private (E) Wastewater Treatment: Existing - on -site septic tank Planned - N/A (F) Type of Structures: Existing - bulkhead Planned - fill in wooded wetlands (G) Estimated Annual Rate of Erosion: N/A (H) Source - N/A HABITAT DESCRIPTION: M:V� RECEIVED DEC 11 2015 [AREA] DCM- MHD CITY FILLED OTHER (A) Vegetated Wetlands (404) f2,900 ft2 (B) Non -Vegetated Wetlands Canal Bottom (C) Other (Uplands) covered (D) Total Area Disturbed: f2,900ftz (0.07 acres) (E) Primary Nursery Area: No (F) Water Classification: SB NS W Open: No 8. PROJECT SUMMARY: The applicant proposes to fill f2,900 ftz of wooded wetlands. Michael and Pamela Gray Bayside Shores Beaufort County Project settien� The project site is located off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on a man-made canal near the Town of Chocowinity in Beaufort County, North Carolina. The Bayside Shores Subdivision is an existing development situated on a peninsula with the Pamlico River on the northern side and Chocowinity Bay on the southern side and a man-made canal system running throughout the subdivision. The lot is approximately 0.24 acres (11,250 ftz) in size and has 125 linear feet of shoreline on a man-made canal that leads to both Chocowinity Bay and the Pamlico River. The western side of the lot is a wooded wetland with a 35' area of uplands separating the wetland from the man-made canal. A 20' wide Right -of -Way located in wooded wetlands on the Northern side of the lot, outside the CAMA Coastal Shoreline Areas of Environmental Concern, was filled under U.S. Army Corps of Engineers Nationwide Permit 18, action ID number SAW 2012-01778. Man-made features on the lot include an on -site septic system and a bulkhead along the shoreline. The lot is approximately 3.0' in elevation above the normal water level. The water depth in the man-made canal ranges from -3.0' adjacent to the bulkhead to -7.0' in the center of the canal. The canal measures approximately 110' in width. The lot is vegetated with lawn grasses and wooded wetland vegetation. The upstream property is developed with a single family dwelling. The downstream property is an undeveloped heavily wooded wetland. The Pamlico River and Chocowinity Bay are both classified as SB NSW by the Environmental Management Commission at the project site. The Wildlife Resource Commission classifies Chocowinity Bay as inland fishing waters. However, the man-made canal is classified as Coastal fishing waters because it opens into the Pamlico River. Project description The applicant proposes to fill approximately 2,900 ft2 of wooded wetland on the western side of the property within the Coastal Shoreline Area of Environmental Concern. . Anticipated impacts The project will result in filling of approximately 2,900 ftz of wooded wetlands. Kelly Spivey — 5 November 2015 RECEIVED DEC 11 2015 DCM- MHD CITY 10/19/2015 Michael & Pamela Gray 52 East Bayside Drive Chocowinity, NC 27817 Atten: Kelly Spivey % CAMA 943 Washington Square Mall Washington, NC 27889 Dear Kelly Enclosed you will find copies of the application and plats for your review. We are applying to back fill approximate 2900 sq. ft. on our property at 51 Canal Court. We need the area back filled because: 1. The lot is 90' wide 2. Set -back and septic lines are 41' 3. Proposed driveway is 15' 4. Leaving 34' total for proposed house which would only leave 31' for house width and would off- set the house to the far left 5. This would probably require a two story house with extra construction cost Sincerely, �61(0- ' r Mike & Pam RECEIVED DEC 11 2015 DCM- MHD CITY fflkv�L FA , (bast revised 12/2'rft) �! 4 North Carolina OP MK))N OF COASTAL MANAGEMENT 9: simary,Epp/ica®n,/Ljndowne inf rMage®m Business Name NA Project Name (If applicable) NA Applicant 1: First Name MI Michael Last Name H Gray Applicant 2: First Name MI Pamela Last Name H Gray if additional applicants, please attach an additional page(,) with names listed. Mailing Address 52 E Bayside Drive PO Box City State ZIP Chocowinity NC 27817 USA Country Phone No. USA FAX No. 252 - 714 - 2422 ext. Street Address (If different from above) 252 - 975 - 7951 City State ZIP Email mgray52@embargmail.com -2- 9.g WConfractor inks n Zit%on Business Name NA Agenu Contractor 1: First Name MI Agent/ Contractor 2: First Name MI Mailing Address ZIP Phone No. 1 FAX No. Contractor p Street Address (if different from above) Email Last Name Last Name PO Box ext. City <Form continues on back> city State Phone No. 2 ext. State I ZIP DCM- MHD CITY 252-SCE-Zoos 4i. V h cr^s r s n^. ei rn t. ri e t: APPLICATION for Major Development Permit I Project Location County (can be multiple) Beaufort Street Address 51 Canal Court, Lot 88 Subdivision Name City Bayside Shores Chocowinity Phone No. NA - _ Lot No.(s ext. 1 a. In which NC river basin is the project located? Tar -Pamlico b. Name mans C. is the water body identfied in (b) above, natural or manmade? ❑Natural ❑Manmade d. Name ❑Unknown Pamli, e. Is Proposed work within city limits or planning jurisdiction? ❑Yes ®No 4. Site Description a. Total length of shoreline on the tract (ft.) 125' c. Size of individual lot(s) NA, (11 many lot sizes, please attach additional page with a list) e. vegetation on tract Lawn grass, wooded wetland, vegetation f. Man-made features and mes now on tract bulk head f. If applic work fa. NA State Rd. i SR1166 EState Zip NC 27817- (if many, attach additional page with list) )f body of water nearest to proposed project lade canal he closest major water body to the proposed project site. :o River able, list the planning jurisdiction or city limit the proposed s within. b. Size of entire 11.250 ft. (. d. Approximate NWL (normal +/- 4.0' g. Identify and describe the existing land uses ad�M to the proposed project site. East side - single family dwelling West side - wooded wetland h. now does local government zone the tract? NA I. Is the proposed prof (Attach zoning comp ❑Yes ❑No I. Is the proposed activity part of an urban waterfront redevelopment proposal? k. Has a professional archaeological assessment been done for the tract? If yes, attach a col If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or eligible property? tract (stilt) 25 acres) elevation of tract above NHW (normal high water) or waterievel) ❑NHW or ®NWL ict consistent with the applicable zoning? liance certificate, if applicable) VA ❑Yes ®No 'y. ❑Yes ®No DNA ❑Yes ®No ❑NA RECEI E :D <Form continues on next page> DEC 11 2015 DCM- MHD CITY t..,�. •,..-a.e<.a ,.a:,�ge. rrent.nst4 Form DCM MP-1 (Page 3 of 4) M. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n Describe existing wastewater treatment facilities. W us on site septic tank o. Describe existing drinking water supply source Public Beaufort County water P. Describe existing storm water management or treatment systems. surface runoff 5. Activities ane+iersissc8s a. Will the project be for commercial, public, or private use? AppOCATION for Major Development Permit ®Yes ONO - - DYes ®No 17 ^^;c _U!3 DYes ®No Itr Awn, L. L _i ......,., b. Give a brief description of purpose, use, and daily operations of the project when complete. lot will be used for a single family dwelling c. Describe the proposed construction methodology, types of construction equipment to be used Of equipment and where it is to be stored. dump truck, backhoe, skid steer d. List all development activities you propose. Propose to fill wooded wetland for single family dwelling ®Private/Community the number of each type e. Are the proposed activities maintenance or an existing project, new-., or both, new f. What is the approximate total disturbed land area resulting from the proposed project? 2900 sq. ft ®Sq.Ft or g. Will the proposed project encroach on any public easement, public accesswa or other area that the public has established use of? y DYes ®No DNA h. Describe location and type of existing and proposed discharges to waters of the state. none proposed i. Will wastewater or stormwwer be discharged into a wetland? DYes ®No DNA If yes, will this discharged water be of the same salinity as the receiving water? . — there any mitigation proposed? DYes DNo ®NA If yes, attach a mitigation proposal. DYes ®No DNA <Form continues on back> DEC 11 2015 DCM- MHD CITY ....... `vl rvir- i [rdge n or 4) APPUCATION for Major Development Permit k�a dition fo this completed application fo m,(MP-1)the fo/lowing terns below, Aapplicable, must be submitted in omler /or the aptcation ge to be complete. Items (a) — (1) are always applicable to any major development application. Please consult theappl cation ction bookleton how fo propery prepare the required items below.roject narrative. accurate, datedworkplat (including plan viewand cross -sectional drawings) drawn to scale. Please give the present status of the posed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish ween work completed and proposed. . A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. _ . d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 David & Laura Newsome Phone No. 252-206-6802 Address 441 Buck Newsome Road, Fremont NC 27830 Name Audie Cliff Brown Phone No. 864-561-1700 Address P.O. Box 5689, Florence SC 29501 .Name Phone No. Address g. A list of previous state orfederal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. Action 1D SAW 2012-01778, USACOE 60932-B CAMA/DCM DCM/CAMA W 981-8 for bulkhead h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation,rfnecessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) K. A statement of compliance with the N.C. Environmental Policy Act (N.C.C.S. 113A 1-10), if necessary. Ii the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Ls. Uereification and Permission to Enter on Land i unaerstana that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date_ jo/jQ/is Print Name 1�ilcina!1 4- C�rf � Signature AChc-. E g'�,A4 Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DDCM MP-3 Upland Development RECEIVED ❑DCM MP-4 Structures Information DEC 1 1 2015 DCM- MHD CITY d�c�.•6i��-2 f'.i6 .. r.s .._ �'; f.;. <a v� .M-', �:.r 4.c ,3fii m i?.^, Praia d Tv (V9h-2 (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections ofthe Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ram p Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 16✓iolth Avg. Existing Depth NA NA Final Project Depth NA NA f. EXCAVATION 0This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATE© MATERIAL ®This section not applicable a. Location of disposal area. c. (I) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SA), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA (i) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No DNA (ii) If yes, how much water area is affected? RECEIVED DEC 11 203 DCM- MHC C & Y vrorat -,cc,c .. t a.-. ? t.rn�ar;,,�;r3..ti raw€s9. IV261V- 1 3. SHORELINE STASILIZA77ON (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline ❑Bulkhead ❑Riprap OBreakwater/Sill 00ther: C. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfillRiprap_ Breakwater/Sill_ Other_ i. Source of fill material. ®This section not applicable b. Length: Width: _ d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? Oyes ❑No ❑NA (fi) If yes, state. amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES (ExcludingShoreline Stabilization) El This section not applicable a. f) Will fill material be brought to the site? ®Yes If yes, ❑No ❑NA b. (I) Will fill material be placed in coastal wetlands/marsh (M), submerged aquatic vegetation (SAV), shell bottom (SB), or (I)) Amount of material to be placed in the water 0 other wetlands (WL)? If any boxes are checked, provide the (ii) Dimensions of fill area 0 number of square feet affected. (iv) Purpose of fill Elm _ OSAV _ OSB N/A OWL 2900 soh ❑None (ii) Describe the purpose of the fill in these areas: the cleared lot only allows 34' for the house width (sketch) a. How will excavated or fill material be kept on site and erosion controlled? silt fence on property boundry C. (f) Will navigational aids be required as a result of the project? OYes ®No ONA 00 If yes, explain what type and how they will be implemented. b. What type of construction equipment wfll be used (e.g., backhoe, or hydraulic dredge)? dump truck, skid steer loader d. (I) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ONA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Date 1 o,1 Q I Is Applicant Name - Y�);�ti0..t . �rc,A RECEIVED Project Name Applicant nature /Ij/rll b la X!e`41� 4� , - DEC 11 2015 DCM- MHD CITY ravasecE: 12l26106 '."'v'M 11v111 Vv az'11111gujil, NOrU1 t-arolina to � I Canal Ct, Chocowinity, North... Page I of 2 Notes map%quest . ... Trip to: 51 Canal Ct Chocowinity, NC 27817-9464 5.91 miles/ 11 minutes 'Oft Wf Washington, NC Download Free App 1. Start out going northwest on W 5th St / US-264 W toward N Respess St. Map 0.4 Mi CRU 2. Turn left onto N Bridge St/ US-17 Bus S. Continue to follow US-17 Bus S. Map 1.8 Mi Gia 17, 41 3. Turn left onto Whichards Beach Rd. Map 3.2 Mi 1+ 4. Turn right to stay on Whichards Beach Rd. Mar 0.06 Mi At 5. Whichards Beach Rd becomes Bay Shores Rd, Mar, 0.06 Mi It 6. Bay Shores Rd becomes Whichards Beach Rd. llap 0,2 Mi 41 7. Turn left onto E Bayside Dr. Mal) 0.2 Mi 8. Take the 1st left onto Canal Ct. Map 0.02 Mi 9. 51 CANAL CT is on the left. Mar) 9 51 Canal Ct, Chocowinity, NC 27817-9464 RECEIVED DEC 11 2015 DCM- MHD CITY http://www.mapquest.com/print?a=app.core.ff59d8b53593cblbaadc847b 10/16/2015 ry aoruugwu, lvUitll k-aronna to )1 Uanal Ut, Chocowinity, North... Page t of 1 Total Travel Estimate: 6.91 mHes - about I I minutes 5000fl "IlapWaSt 1000m I Z) "' $ m3.4A.vo 254 32 Rivor Road O @2015 MapQuest - Portions 02015 TomTOm I Terms I privacy 02015 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use OCT 2015 RECEIVED DEC 11 2015 DCM- MHD CITY http://www.mapquest,com/print?a=app.core.ff59d8b53593cblbaadc847b 10/16/2015 'r caI i U c � Site: I LOT 988 Wooded Wetland Cliff Brown Property Woodsland y SOl �r Pf 0 M 6% Air y �s r„ ("') 0 �y8 o-+ m n "' m de �t 1,. e ! l't. � :::::' '.::C:'.'.•. ......: O••' ••• QG t yPJ'J+ to°k Q Title Block Michael & Pamela Greav Pule: 1011912015 N W5! \ \ A!O � Ground level v 0 � m m x n _m o � m Area to be filled 35' X 82' Proposed Silt Fence Vxxxxxxxxxxxxxxxxxxxm Upland Portion Of Lot 35' 90' — e e a 0 Wooded Wetlands o Uplands 0 Ground level r Title Block Michael & Pamela way Date: 1012612015 p W � o N � � W'� T 2 U W o Area to be filled rr () 35' X 82' 0 Proposed Silt Fence Upland Portion Of Lot XXXXXXXXXXxxxxxxxxxxxxxxxxx Ground level Ground level -------t35' 90' — e 0 0 0 Wooded Wetlands Uplands e Title Block Michael & Pamela Gray Date: 1012612015 FA1821PG959 NORTH CAROLINA BEAUFORT COUNTY FOR REOIfirRRT10ld REGI6TER OF OEED6 Jinni lar Lpppptt Whil.hu' July a 2013t `04 39:01RPM Book 1821 Page 959-961 FEE $26.00 INSTRUMENT 11 2013003669 THIS RELEASE DEED. made and entered into this -1f#-day of (/J Aeje! , 2013. by and between BF.'AUF'ORT POIN E OWNERS ASSOCIA'IION. INC.. a North Carolina corporation, whose address is `/D Pamlico Properties.222 Stewart Parkway. Washington, NC 27889, hereinafter designated "Grantor". and BROWN DEVELOPMENT OF N.C., I.LC, a North Carolina limited liability company, whose address is P. O. Box 5689, Florence. SC 29501. hereinafter designated "Grantee"; WITNESSETH: THAT WHEREAS. said Grantee is the owner of eertain property located in Chocowinity Township. Beaufort County, North Carolina, which is subject to certain restrictive covenants recorded in Book 1534. Page 485: Book 1614. Page 710: Book 1628, Page 473; and Book 1652. Page 589. Beaufort Count}Registry. (hereinafter. collectively referred to as the "Declaration'): AND WHEREAS. Grantee has previously assigned all of its Special Declarant Rights as described in the Declaration. including those certain rights set forth in Article 9 of the Declaration. to Grantor in an Assignment of Declarant Rights dated April 3. 2012 and recorded in Book 1779. Page 853, Beaufort County Registry; AND WHEREAS, Article 9.3 of the Declaration of Covenants. Conditions and Restrictions for Beaufort Prim-:. recorded ir. Book 15 ;4. Page 485. 13eaulorl ('omm Reuisir.'. provides as follows: 9.3 Withdrawal of Property. Declarant reserves the right to amend this Declaration without prior notice and without the consent of any Person. for the purpose of removing property then owned by Declarant, its affiliates, or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of PREPARED BY: KEITH B. MASON OCT 302015 N F64d9`U` RECEIVED DEC 11 2015 DCM- MHD CITY ®:K1821Pc960 any changes in Declarant's plans for the property. provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for the Property. AND WHEREAS, Grantee has requested the said Grantor to release from the operation of said Declaration so much of the land thereby restricted as is hereinafter,described: AND WHEREAS. the property described below is swamp land which is not suitable for the construction of any permanent structures; therefore, the withdrawal of said property is not unequivocally contrary to the overall. uniform scheme of devclopment for the subdivision known as Beaufort Pointe, and so Grantor has agreed to release said property from the operation of said restrictive covenants; AND WHEREAS. Grantee has agreed that. as part of the consideration for this agreement. the property herein released shall be impressed with a restrictive covenant, which shall run with the land, and shall provide that no permanent structures shall be built or erected upon said property. NOW. THEREFORE. for and in consideration of the sum of S1.00 and other good and valuable considerations to it paid by the Grantee, said Grantor has remised and released, and by these presents does remise, release and forever quitclaim unto the said Grantee. its successors and assigns. all those certain lands situate in Chocowinity l ownship. Beaufort County. North Carolina, and more particularly described as follows: BEGINNING at an existing I" iron pipe located in the westernmost corner ofLut 88.13aysidc Shores Subdivision No. 6. and being designated as point "F" on a plat entitled ".A Survey for: Michael H. & Pamela 1-1. Gray" dated January 31. 2013 by Hugh A. Sorrell. PLS, which said plat is recorded in Plat Cabinet H. Slide 98- 6, Beaufort County Registry. and incorporated herein by reference for a more complete and adequate description; running thence from said beginning point along the high water mark of a canal North 460 50' 13" West 34.99 feet to a new iron pipe designated as point "G" on said plat; thence North 390 08' 27" East 120.28 feet to a new iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "New 20' Fasement" South 46' 49' 39" East 35.00 feel to a 'ii' rebar located in the northeromosi curia of l.w 88. and being designated as point "C" on said plat: thence along the northwesterly line of Lot 88 South 390 08' 40" West 120.27 feet to the point of beginning, containing 0.10 acres, more or less, and being shown as "Lot 88 Addition" on the aforesaid plat. Reference is made to deed recorded in Book 1689. Page 87. 13eaufori County Registn. TO HAVE AND TO HOLD said lands and premises. together with all privileges and appurtenances [hereunto belonging to the Grantees. their heirs and assigns. free, and discharged from the all the rights and obligations contained in the restrictive covenants recorded in Book 1534, Page RECEIVED DEC 11 2015 DCM- MHD CITY AK1821PG961 485: Book 1614. Page 710: Book 1628. Page 473: and Book 1652. Page 589. Beaufort County Registry, hereinabove referred to. But it is understood and agreed that this Release shall apply only to so much of said lands as are herein expressly described and conveyed. and that as to the remainder ol'said lands said restrictive covenants shall be and remain in full force and effect. IN WITNESS WHEREOF. Grantor has caused this instrument to be executed in itsname by its President. al! by proper corporate authority duk given, all as of the day and Year first ahove written. BEAUFORT POINTE OWNERS ASSOCIATION, INC., a North Carolina corporation By: avis henson. President Attest: (1--Mmry'Sf6it-h, Secretary NORTH CAROLINA BEAUFORT COUNTY I, a Notary Public in and for the State and County aforesaid, certify that Harry Smith personally appeared before me this day and acknowledged that he is Secretary of BEAUFORT POINTE OWNERS ASSOCIATION. INC_ a North Carolina corporation. and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by Travis Stephenson, its President. sealed with its corporate seal. and attested by himself as its Secretary. Witness my hand and notarial seul this the day of 2911. k Notary Public My Commission expires: an / f RECEIVED DEC 11 2015 DCM- MHD CITY ?,e.'4. ryluso> 14.' ; 6,r y ' :OR REGISTRATION REGISTER OF GEED Jem�aIort ea9CwntyilNc at sK 1 8 2 1 Pc 9 6 2 July oe18210Page 962-9614PM FEE S26 00 INSTRUMENT f 2013003870 �1�fi�6w NORTH CAROLINA BEAUPOR7 COUNTY THIS RELEASE DEED, made and entered into this 1 S±k day of April, 2013, by and between THE CITY OF WASHINGTON, a North Carolina municipal corporation, whose address is is 102 East Second Street, Washington, NC 27889, hereinafter designated "Grantor', and BROWN ` DEVELOPMENT OF N.C., LI.C, a North Carolina limited liability company, whose address is P. 0. Boa 5689, Florence, SC 29501, hereinafter designated "Grentce"; W ITN ES SETH: THAT WHEREAS, said Grantee is the owner of certain property located in Chocowinity Township, Beaufort County, North Carolina, which is subject to a certain Water and Sanitary Sewer Service and Easement Agreement recorded in Book 1558, Page 460. and a certain Modified Water and Sanitary Sewer Service and Easement Agreement recorded in Book 1614, Page 457, Beaufort County Registry, (hereinafter, collectively referred to as the "Agreements"); AND WHEREAS, Grantee Is the successor to interest to NC Land Partners, L LC under the Agreements; AND WHEREAS, Grantee has requested the said Grantor to release from the operation of said Agreements so much of the land thereby encumbered as is hereinafter described, and the said Grantor has agreed to do so; NOW, THEREFORE, for and in consideration of the sum of $1.00 and other good and valuable considerations to it paidby the Grantee, said Gramorhas remised and released, andbythese presentsdoesremiseandrelease hromtheabovedescribcdAgteements, all thosecermin landssimate in Chocowinity Township, Beaufort County, North Carolina, and more particularly described as fonows: PREPARED BY: KEITH B. MASON RECEIVED DEC 11 2015 DCM- MHD CITY R1821PC963 BEGINNING at an existing I" imn pipe located in the westernmost comer of Lot 88, Bayside Shores Subdivision No. 6, and being designated as point "F" on a plat entitled "A Survey for: Michael H. & Pamela H. Gray' dated January 31. 2013 by Hugh A. Sorrell, PLS, which said plat is recorded in Plat Cabinet H, Slide 98. 6, Beaufort County Registry, and incorporated herein by reference for a more complete and adequate description; running thence from said beginning point along the high water mark of a canal North 46° 50' 13" West 34.99 fat to a new iron pipe designated as point "G" on said plat; thence North 39° 08' 27" East 120.28 feet to a new iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "Nm 20' Easement" South 46° 49' 39" East 35.00 fat to a '''W' reban located in the northernmost comer of Lot 88, and being designated as point "C" on said plat; thence along the northwesterly line of Lot 88 South 39° 08' 40" West 120.27 fat to the point of beginning, containing 0.10 acres, more or less, and being shown as "Lot 88 Addition" on the aforesaid plat. Reference is made to deed recorded in Book 1689, Page 87, Beaufort County Registry, TO HAVE AND TO HOLD said lands and premises, together with all privileges and appurtmmtcw theaMato belonging to the Grantee, its successors and assigns, free. and discharged from the all the rights and obligations contained in the Water and .Sanitary Sewer Service and Easement Agreement recorded in Bcok 1558, Page 460, and the Modified Waterand Sanitary Sewer Service and Easement Agreement recorded in Book 1614, Page 457, Beaufort County Registry But it is understood and agreed that this Release shall apply only to so much of said lands as are herein expressly described and conveyed, and that as to the remainder of said lands said Agreements shall be and remain in full fame and effect. IN WITNESS WHEREOF, the City of Washington has caused this instrumentto beexecuted by its Mayor, attested by its City Clerk, and its municipal seal to be hereunto affixed, all as of the day and year first above written. GOPPOfiATiGry wit Snnl .• , THE CITY QF y?ASHINGTON B" C Xxhm Jennings, Mayor 1 RECEIVED DEC 11 2015 DCM- MHC C TY R'1821Pc966 BUT, this property is being conveyed subject to the following: I . Ad valorem taxes for the year 2013 and subsequent years; 2. A restrictive covenant, which shall run with the land, and shall provide that no permanent structures shall be built or erected upon said property; and 3. All easements, conditions, and restrictions of record, if any. TO HAVE AND TO HOLD said property, together with all privileges and appurtenances thereunto belonging or in anywise appertaining unto Grantees, their heirs and assigns, in fee simple. Grantor covenants that it is seized of the above -described property in fee and has the right to convey the same in fee simple, that the same is free and clear of all liens and encumbrances not set out above and that, except as to such liens and encumbrances, it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its Member/Manager, all by proper authority duly given, all as of the day and year first above mentioned. BROWN DEVELOPMENT OF N.C., LLC, a North Carolina limited liability company By: (Z 11 i` • -/ %" 7 Auddie C. Brown, Member/Manager NORTH CAROLINA BEAUFORT COUNTY Before me, a Notary Public in and for the State and County aforesaid, personally appeared Auddie C. Brown and acknowledged that he is Member/Manager of BROWN DEVELOPMENT OF N.C., LLC, a North Carolina limited liability company, and that he, as Member/Manager, being authorized to do so, executed the foregoing instrument on behalf of the company for the purposes therein expressed. Witness my hand and notarial seal this the 2 day of July, 2013. Notary My Commission expires: usf ,23 20� -%S4 oias @th/N9 RECEIVED DEC 1 1 2015 DCM- MHD CITY RECEIVED DEC 1 1 2. DCM- r1i f<e4A MAJ0-IAd 3 w v 3 BELOFORT COGM7 LAND RI3CORDa ROUTING FORM /dC?7 I-ydya 743- Land Records Official Data NORTH CAROLINA BEAUFORT COUNTY pK1821PG965 No RPAL ESTATb TAX PAID FOR REGISTRATION REGISTER OF DEEDS JmN hr La pelt W+i taM1unl SUul url! County, INC July 03, 2013 04:39:01 PM Book 1821 Page 965-966 FEE: S2S.N INSTRUMENT 120*003871 1NSiRUME1Vi I N UUX11 THIS DEED, made w of the Z day of July, 2013, from BROWN DEVELOPMENT OF N.C., LLC, allorth Carolina limited liability company, whose address is P. 0. Box 5689, Florence, SC 29501, hereinafter designated"Grantor" to MICHAEL H. GRAY and wife, PAMELA H. GRAY, whose address is 52 E. Bayside Drive, Chocowinity, NC 27817, hereinafter designated "Grantees'; WITNESSETH: That for and in consideration of the sum of TEN DOLLARS and other good and valuable considerations paid by Grantees to Grantor, the receipt of which is hereby acknowledged, Grantor has bargained and sold and by these presents sells and conveys unto Grantees, their heirs and assigns, all that certain lot or parcel of land lying and being in Chocowinity Township, Beaufort County, North Carolina, and more particularly described as follows: BEGINNING at an existing 1" iron pipe located in the westernmost corner of Lot 88, Bayside Shores Subdivision No. 6, and being designated as point "F" on a plat entitled "A Survey for: Michael H. & Pamela H. Gray" dated January 31, 2013 by Hugh A. Sorrell, PLS, which said plat is recorded in Plat Cabinet H, Slide 98- 6, Beaufort County Registry, and incorporated herein by reference for a more complete and adequate description; running thence from said beginning point along the high water mark of a canal North 460 50' 13" West 34.99 feet to a new iron pipe designated as point "G" on said plat; thence North 390 08' 27" East 120.28 feet to anew iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "New 20' Easement" South 460 49' 39" East 35.00 feet to a '/3 rebar located in the northernmost comer of Lot 88, and being designated as point "C" on said plat; thence along the northwesterly line of Lot 88 South 390 08' 40" West 120.27 feet to the point of beginning, containing 0.10 acres, more or less, and being shown as "Lot 88 Addition" on the aforesaid plat. Reference is made to deed recorded in Book 1689, Page 87, Beaufort County Registry. The above described property does ( ) does not ( X ) include the primary residence of the Grantor. PREPARED BY: KEITH B. MASON (;'I v 0 Z:iI:i RECEIVED DEC 11 2015 DCM- MHD CITY TRATION REGISTER OF • rOR,.Mjf.ulorPRCounWhiteh DEEDS aK 1 8 2 1 Pc 9 6 7 July 03: 2013 ,ur,t,01 PM Book 1821 Page 967-968 FEE S, 00 NdSTRUMEMT M 2013003872 {97 [ o III I III)IL ILJIII II 11IJll BMFORT COMM LAM REC AOVTING FORM S97 3-i3 Land Records Official �.te 1NSiRUMEhl1 12p13OM NORTH CAROLINA 140 RFAL ECTATh Tlot PAID BEAUFORT COUNTY THIS DEED, made as of the day of May, 2013, from MICHAEL H. GRAY and wife. PAMELA H. GRAY, whose address is 52 E. Bayside Drive, Chocowinity. NC 27817. hereinafter designated "Grantors" to MICHAEL H. GRAY and wife, PAMELA H. GRAY, whose address is 52 E. Bayside Drive, Chocowinity, NC 27817. hereinafter designated "Grantees": WITNESSETH: That for and in consideration of the sum of TEN DOLLARS and other good and valuable considerations paid by Grantees to Grantors. the receipt of which is hereb} acknowledged. Grantors have bargained and sold and by these presents sell and convey unto Grantees, their heirs and assigns. all that certain lot or parcel of land lying and being in Chocowinity Township, Beaufort County. North Carolina, and more particularly described as follows: BEGINNING at an existing 1" iron pipe located in the westernmost corner of Lot 88. Bayside Shores Subdivision No. 6, and being designated as point "F" on a plat entitled "A Survey for: Michael H. & Pamela H. Gray" dated Ianuaq 31. 2013 by Hugh A. Sorrell, PLS, which said plat is recorded in Plat Cabinet H, Slide 98- 6. Beaufort County Registry, and incorporated herein by reference for a more complete and adequate description: running thence from said beginning point along the high water mark of a canal North 46' 50' 13" West 34.99 feet to a new iron pipe designated as point "G" on said plat; thence North 39' 08' 27" East 120.28 feet to a new iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "New 20' Easement" South 46R 49' 39" East 35.00 feet to a %:" rebar located in the northernmost comer of Lot 88. and being designated as point "C` on said plat; thence along the southwesterly line of the "Existing 20' Private Easement" South 460 39' 00" East 90.21 feet to a %:" rebar located in the northernmost corner of Lot 87: thence along the northwesterly line of Lot 87 South .390 13' 50" West 119,95 feet to a new iron pipe; thence the same course continued to a point in the existing wood bulkhead on the canal; thence along the existing wood bulkhead and with the canal North 460 50' 32" West 90.01 feet to the point of beginning, containing a total of 0.35 acres, more or less, and being a combination of "Lot 88" and the "Lot 88 Addition" as shown on the aforesaid plat. RECEIVED DEC 11 2015 DCM— MHD CITY "' BBBR1821pp. 968 The above described property does( ) does not (X ) include the primary residence of the Grantors. BUT. this conveyance is being made subject to the following: Ad valorem taxes for the year 2013 and subsequent years: and 2. All easements, conditions, and restrictions of record, if any. TO HAVE AND TO HOLD said property, together with all privileges and appurtenances thereunto belonging or in anywise appertaining unto Grantees, their heirs and assigns, in fee simple. Grantors covenant that they are seized of the above described property in tee acid have the right to convey the same in fee simple, that the same is free and clear of all liens and encumbrances not set out above and that, except as to such liens and encumbrances, they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals, all as of the day and year first above mentioned. c (Seal) MICHAEL H. GRAY (Seal) PAMELA H. GRAY NORTH CAROLINA BEAUFORTCOUNTY Before me, a Notary Public in and for the State and County aforesaid, personally appeared MICHAEL H. GRAY and wife. PAMELA H. GRAY and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal this the / 7.4A day of May. 2013. MyCommission expires: Notary PPublic ublic "` RECEIVED DEC 11 2015 DCM- MHD CITY North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM TO: Mr. Lee Padrick Division of Community Assistance FROM: Doug Huggett Respond to Doug I Iggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 10 November 2015 SUBJECT: CAMA Application Review APPLICANT: Michael and Pamela Gray PROJECT LOCATION: Project site is off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes fill ±2900 fF of wooded wetlands. Please indicate below your position or viewpoint on the proposed project and return this form by 30 November 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date /Z a T 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 part by recycled paper RECEIVED DEC 0 3 2015 DC"- Al CITY DCM Coordinator:_ }U&rs MAILING DISTRIBUTION SHEET Permit # DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: DCM/ Fisheries Specialist NC DOT: DMF/ Shellfish Sanitation: State Property: Water Resources Washington: Wilmington: DEMLR Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) jwetg Blapj William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbley Liz Hare Renee Gledhill -Early Diane Williams (WIRO) Joey White (WARD) Shane Staples Gregg Bodnar Ken Pace Patti Fowler Shannon Jenkins Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) - Anthony Scarbraugh-401 Joanne Steenhuis — 401 Chad Coburn - 401 Scott Vinson-Stormwatel Georgette Scott- Stormwater Fax Distribution: Permitee Agent #:. �coya voo ��• tN 'O�5 �. �� k* ►Y" J DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Michael and Pamela Gray County: Beaufort LOCATION OF PROJECT: SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity, North Carolina. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6 November 2015 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NO CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: R. Kelly Spivey DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: il/ I11111;' FEE RECD: $ 400.00 (60/40) PUBLIC NOTICE RECD: END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED RECD: APPLICATION AS I,$ GED TO:yDB7�,t 5 ON: I (S C) 75 DAY DEADL IEa:I_" 11p 150 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: STATE DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative I I IQ S bw�UYl S Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office NOV 13 2015 Division of Marine Fisheries Corps of Engineers fwS ul,a (Ps X. MEMORANDUM TO: Doug Huggett THROUGH: Jonathan Howell 3A FROM: Kelly Spivey d� DATE: 10 November 2015 SUBJECT: Michael and Pamela Gray Bayside Shores Beaufort County I have reviewed a CAMA Major Permit application submitted by Mr. Michael and Pamela Gray for a project located SR 1182 at 51 Canal Courtin the Bayside Shores Subdivision on a man-made canal near the Town of Chocowinity in Beaufort County, North Carolina. The applicant proposes to fill approximately 2,900 ft' of wooded wetlands on the above referenced property within the Coastal Shoreline Area of Environmental Concern. I have reviewed the proposed project with regard to rules found in Subchapter 7H concerning development in Coastal Shoreline. It is staff's determination that the proposed project appears consistent with 15A NCAC .0209. If all permits/authorizations are obtained from the U.S. Army Corps of Engineers for the Section 404 wetland fill and . the N.C. Division of Water Resources for the impact in the Tar -Pamlico Riparian 50' Buffer, Staff recommend the permit be issued with the following conditions: All fill material shall be retained by appropriate erosion and sedimentation control measures to prevent any unconsolidated material from entering the adjacent waterbodies and wetlands. RECEIVED NOV 13 2015 DCM- MHD CITY .North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor RECEIVED Secretary MEMORANDUM NOV 0 9 2015 OCM-Fisheoes TO: Shane Staples wAnp Division of Coastal Management 943 Washington Sq. Mall FROM- Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City -NC 28557 DATE: 10 November 2015 SUBJECT: CAMA Application Review APPLICANT: Michael and Pamela Gray PROJECT LOCATION: Project site is off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes fill t2900 ft2 of wooded wetlands. Please indicate. below your position or viewpoint on the proposed project and return this form by 30 November 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project When appropriate, in'depth comments with supporting data are requested REPLY This office has no objection to the project as proposed This office has no comment on the proposed project This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date �1,2� /S 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.nrdenr.gov An Equal Opportunity I Affirmative Action EmpWer- Made in part by mcyded paper 006 PAT MCCRORY G "nm' DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Michael and Pamela Gray, Proposed Wetland Fill DATE: 11/20/15 BRAXTON DAVIS A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish, habitats. The applicant proposes to fill 2,900 square feet of wooded wetland on a lot adjacent to a man-made canal that leads to both Chocowinity Bay and the Pamlico River. DCM fisheries does not believe this project would cause significant adverse impacts to the fish or fish habitat in the project area. However filling of riparian wetlands should be avoided and minimized as much as possible. The lands, especially within the riparian area, can serve to filter water and improve its quality which is good for fish and people as well as providing valuable wildlife habitat. With no proposed development within the proposed filled footprint further avoidance and minimization seems possible. Contact Shane Staples at (252) 948-3950 or shane.staoles@ncdenr.aov with further questions or concerns. ^/Nothing Compares.!�,� Stara orNoRh Carolina 113avimmmeotal Quaky I Co.W Management Add=1 I Add=2 1 City, S1meZIP 0000D00000 T North Carolina Department of Environmental Quality Pat McCrory Governor November 10. 2015 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSS/WaRO Subject: CAMA APPLICATION REVIEW Donald R. van der Vaart Secretary Applicant: Michael and Pamela Gray Project Location: Project site is off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity in Beaufort County, North Carolina Proposed Project: Applicant proposes fill ±2900 ft2 of wooded wetlands REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. This office objects to the project for reasons described in the attached comments. SIGNED (�/ 2� DATE 11-13-2015 RECEIVED NOV 17 2015 Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone:252-946-64811FAX:252-948-004011nternet:www.ncwater.org/pwspCM- Mill CITY An Equal Opportunity \ Affirmative Action Employer - Made in pad by recycled paper North Ciaroiinr i Department cf, cnvironmentct! 0uajityr � PutM"Crorf ` NOV 13 7015 D tafd l�. vain ilor.Naart Govemor Secretary MEMORANDUM TO: Ms. Renee Gledhill -Early NC Department of Cultural Resources Archives & HistoryBuilding FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue 'Moiehcad City NC 28557 DATE: 10 November 201'S SUBJLC1'; CAMA Application. Review Responti'to Doug ffuggett Morehead City Office APPLICANT, Michael'and Pamela Gray PROJECT'LtOCA'G10N: 'Project sitc�is off, Sit 1482 at<'S1 Canal Court in the'Bayside Shores Subdivision on the Pamlico River near Chocowinity in Beaufort County; North Carolina. :PROPOSED PROJECT: Applicant proposes fill -12900 ft= of wooded wetlands. Please indicate below your position or viewpoint,on'the'.proposed project and return this form.,by30 November 2015 Please.00ntact:R. Kelly Spivey at-252=948= 853,'if you have any questions're�arding tite proposed project. When appropriate, in depth comments with supporting data are requested. 'REPLY This'office haft no objection to the prpjcct as proposed: This office has no comment on the proposed project. This,office approves of the proposed project -only iftho recommended Ganges are incorporated, Sc4attache.d. This dffice objects to'tbc proposed project for -reasons described in the attached (� cotnments. Sighed i Date d5f Ix1tIOISal Cz<, cx.e i+i�I'a M tttt.:r�.i}cjCr;S.�'ct n1 It; T,. tl Y ::M,it r' IFl,F,0 6.. ..,�--I tjW:j.a7p' -.I Ny Y' 6 2096 North Carolina Department of Environmental Quality Pat McCrory ? 'D�ohal'dik. Governor MEMORANDUM I NOV 2 4 2015 !± TO: Mr. Ken D. Pace NCDOT Roadside FROM: Doug Huggett Respond to Doug Huggett Major Permits Processing Coordinator Morehead City Office Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 10 November 2015 SUBJECT: CAMA Application Review APPLICANT: Michael and Pamela Gray PROJECT LOCATION: Project site is off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes fill ±2900 R2 of wooded wetlands. der Vaart Please indicate below your position or viewpoint on the proposed project and return this form by 30 November 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached ame tsSigned � Date 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www.ncdenr.gov An Equal oppodunity \Affirmative Action Employer — Made in part by foeycled paper M DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Michael and Pamela Gray 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity, North Carolina Photo Index -1995; 99-1047, V17 2000; 99-1125, V7 2006; 99-8173, C19, D19 State Plane Coordinates - X: 2,587,000 Y: 643,600 Washington Quadrangle - Lower Right Comer 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 22 October 2015 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received — 6 November 2015 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan -1997 Beaufort County Land Use Plan Land Classification From LUP - Conservation (water), Rural (land) (B) AEC(s) Involved: Coastal Shoreline (C) Water Dependent: Yes (D) Intended Use: private (E) Wastewater Treatment: Existing - on -site septic tank Planned - N/A (F) Type of Structures: Existing - bulkhead Planned - fill in wooded wetlands (G) Estimated Annual Rate of Erosion: N/A (H) Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404) f2,900 ftz (B) Non -Vegetated Wetlands Canal Bottom (C) Other (Uplands) covered (D) Total Area Disturbed: t2,900ft2 (0.07 acres) NOV 13 2015 (E) Primary Nursery Area: No (F) Water Classification: SB NSW Open: No DCM- MHD CITY 8. PROJECT SUMMARY: The applicant proposes to fill f2,900 ftZ of wooded wetlands. ►IN Michael and Pamela Gray Bayside Shores Beaufort County Project setting The project site is located off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on a man-made canal near the Town of Chocowinity in Beaufort County, North Carolina. The Bayside Shores Subdivision is an existing development situated on a peninsula with the Pamlico River on the northern side and Chocowinity Bay on the southern side and a man-made canal system running throughout the subdivision. The lot is approximately 0.24 acres (11,250 82) in size and has 125 linear feet of shoreline on a man-made canal that leads to both Chocowinity Bay and the Pamlico River. The western side of the lot is a wooded wetland with a 35' area of uplands separating the wetland from the man-made canal. A 20' wide Right -of -Way located in wooded wetlands on the Northern side of the lot, outside the CAMA Coastal Shoreline Areas of Environmental Concern, was filled under U.S. Army Corps of Engineers Nationwide Permit 18, action ID number SAW 2012-01778. Man-made features on the lot include an on -site septic system and a bulkhead along the shoreline. The lot is approximately 3.0' in elevation above the normal water level. The water depth in the man-made canal ranges from -3.0' adjacent to the bulkhead to -7.0' in the center of the canal. The canal measures approximately 110' in width. The lot is vegetated with lawn grasses and wooded wetland vegetation. The upstream property is developed with a single family dwelling. The downstream property is an undeveloped heavily wooded wetland. The Pamlico River and Chocowinity Bay are both classified as SB NSW by the Environmental Management Commission at the project site. The Wildlife Resource Commission classifies Chocowinity Bay as inland fishing waters. However, the man-made canal is classified as Coastal fishing waters because it opens into the Pamlico River. Proiect description The applicant proposes to fill approximately 2,900 ftz of wooded wetland on the western side of the property within the Coastal Shoreline Area of Environmental Concern. Anticipated impacts The project will result in filling of approximately 2,900 ft2 of wooded wetlands. Kelly Spivey — 5 November 2015 RECEIVED NOV 13 2015 DCM- MHD a-J"J-Y WE NP4 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NA NA Applicant 1: First Name MI Last Name Michael H Gray Applicant 2: First Name MI Last Name Pamela H Gray If additional applicants, please attach an additional page($) with names listed. Mailing Address PO Box City State 52 E Bayside Drive Chocowinity NC ZIP Country Phone No. FAX No. 27817 USA USA 252-714-2422 ext. 252-975-7951 Street Address (if different from above) City State ZIP Email mgray52@embargmail.com 2. Agent/Contractor Information Business Name NA Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different horn shove) City State ZIP Email RECEIVED <Form continues on back> NOV 13 2015 DCM- MHD C 252-808.2808 :: 1.888.4RCOAST :: www. n ccoasta l manage ment.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit Locati on County canbe multiple) Street Address State Rd. # Beaufort 51 Canal Court, Lot 88 SR1166 Subdivision Name City Zip BaysideShores Chocowinity State NC 27817- Phone No. Lot No. s () (if many, attach additional page with list) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar -Pamlico man made canal c. Is the water body identified in (b) above, natural or manmade? ❑Natural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. Pamlico River e. Is proposed work within city limits or planning jurisdiction? ❑Yes NNo f. If'applicable, list the planning jurisdiction or city limit the proposed work falls within. NA , , Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 125 11,250 ft. (.25 acres) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA, (If many lot sizes, please attach additional with list) NWL (normal water level) page a +/- 4,01 ❑NHW or ®NWL e. Vegetation on tract Lawn grass, wooded wetland, vegetation f. Man-made features and uses now on tract bulk head g. Identify and describe the existing land uses ad'acent to the proposed project site. East side - single family dwelling West side - wooded wetland In. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA co; (Attach zoning compliance certificate, if applicable) ❑Yes ❑No j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2806 .. 1.888-41RCOAST ., vv ;•r�r.nccoestalmanag ement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit �,er k4 m. (i) Are there wetlands on the site? ®Yes ❑No L�„ - I (ii) Are there coastal wetlands on the she? ❑Yes ®No O C T S 0 2015 (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) (� n. Describe existing wastewater treatment facilities. on site septic tank o. Describe existing drinking water supply source. public Beaufort County water p. Describe existing storm water management or treatment systems, surface runoff 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. lot will be used for a single family dwelling c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where h is to be stored. dump truck, backhoe, skid steer d. List all development activities you propose. Propose to fill wooded wetland for single family dwelling e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? 2900 sq. ft ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. none proposed i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ®No IWA--RECEIVED If yes, attach a mitigation proposal. NOV 13 2015 <Form continues on back> DCM- MHD CITY 252.808.2808 :: '1-888.4RCC: osr ement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional nformation In addition, to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application .instruction booklet on how to.properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. _Fappropriate f the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. opriate application fee. Check or money order made payable to DENR. e names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such ave received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in ubmit comments on the proposed project to the Division of Coastal Management. avid&'Laura Newsome Phone No. 252-206-6802 _ Addr6s.441 Buck Newsome Road, Fremont NC 27830 Name Audie Cliff Brown Phone No. 864-561.1700 Address P.O. Box 5689, Florence SC 29501 Name - Phone No. Address- - - g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Action lD SAW 2012-01778, USACOE 60932-B CAMAIDCM DCMICAMA #61981-B for bulkhead h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1. certification and Permission to Enter on Land I understand that any permit issued In response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date toll QI is Print Name � /c,'kG I 4--/(��r� Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-908.2806 -. 1-a88-4RCOAST .. :v VY NJ. ClCG G3SfetmanegemenY.neP am Form DCM MP-2 EXCAVATION and FILL OCT 302015 (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA I NA I J Depth 11. EXCAVATION ®This section not applicable 1 a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW []SAV ❑SB ❑WL [--]None (ii) Describe the purpose of the excavation in these areas: b. Type of material to be d. High ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (it) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW []SAV ❑SB ❑WL []None (it) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (ii) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (h) If yes, how much water area is affected? RECEIVED NOV 13 2015 DCM- MHD CITY 252-808-2808 :: 1-888.4RCOAST :: yvww_nccga_stalnianagement.net revised:1V26/06 FeroEB DCRq NP-2 (Cexcava2ican and Fill, paae 2 of 2) �. arnvrcecflvt J.IABILIZATION,' . (lI developmentis,a wood gr6in,'use MP-4 —Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill— Other_ I. Source of fill material. %b. OFHErR FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ®Yes ❑No DNA If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area 0 (iv) Purpose of fill WA �S,:;GENERtIL a. How will excavated or fill material be kept on site and erosion controlled? silt fence on property boundry C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. Z.This section not applicable b. Length: Width: _ d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. ❑This section not applicable b. (1) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV _ ❑SB _ ®WL 2900 so ft ❑None (ii) Describe the purpose of the fill in these areas: the cleared lot only allows 34' for the house width (sketch) b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? dump truck, skid steer loader d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 252-808.2808 :: 1.888-4RCOAST :: www.reccoast elmar_ aa_e_r,3enf..L�ec revised: 12/26/06 Ground level J ' Z m CD 0 m_ = w 0 < 0 m Area to be filled 35' X 82' Proposed Silt Fence /ZXDXD:�00�xxxxxx, Upland Portion Of Lot - t35' j ' — 90' Wooded Wetlands Uplands Ground level ride Block Michael & Pamela Gray Date: 1012612015 Legend Wood Area Area To Be Filled 11"tle Block , Michael & Pamela Gray Date: 1011912015 Site: I LOT #88 YS1DF SHORES S/ii #6 Wooded Wetiand T Wooded Cliff Brown Property 51 r� Woodsland p o \ �(• N� C ¢' eo Ve. QV r—i CD < n r� 9 "^ -m WM 411,y tJ oav J a°- o a / 1,001 1-* S WARO TRACKING FORM Date application first received in WaRO, Io'3o-1S Date application received as complete Check Narrative MP-1 V MP-2 AZA MP-3 A MP-4 u1A Mp-5 N/R Agent Authorization Form P1A 15' Waiver Left Side Deed ✓ / Location Map ✓Plat(s) / V Cross Section(s) Green Cards Postal Receipts v Letters to Adjacent Property Owners NIA, . Mitigation Plan N/k 15'Wavier Right Side Preliminary review by Date 11-o1-\S RECEIVED NOV 13 2015 DCM- MHD CITY 10 November 2015 Mr. and Mrs. Michael H. Gray 52 E. Bayside Drive Chocowinity, NC 27817 Dear Mr. and Mrs. Gray: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity in Beaufort County, North Carolina It was received o 20f3,-and appears to be adequate for processing at this time. The projected deadline for making a decision is 21 January 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. Kelly Spivey, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3853 or via email at Kelly.Spive cdenr.gov if you have any questions. If this agency does not render a permit decision within 70 days from the 6 November 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 I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. RECEIVED NOV 13 2015 DCM- MHD CITY Mr. and Mrs. Michael H. Gray 10 November 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, R. Kelly Spivey Coastal Management Representative Division of Coastal Management Washington Regional Office Cc: Doug Huggett WARO RECEIVED NOV 13 2015 DCM- MHD CITY �c NOT I (wol$ I 70A U- N CQ W z C U 0 AMA PERMIT APPLIED FOR PROJECT: 47: Sew c�nSh � ,,-F-c:ls t3 NO.lemlD�r �lS eci.��pr� COMMENTS ACCEPTED THROUGH -b�c tQ� �<s APPLICANT: a44 FOR MORE DETAILS CONTACT TH LOCAL PERMIT OFFICER BELOW: 1 6. 5 .a ' V f D 10 November 2015 Washington Daily News PO Box 1788 Washington, NC 27889 Please include the enclosed Notice of Filing in the Public Notice section of the 13 November 2015 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. NCDENR COASTAL MANAGEMENT DIVISION 400 COMMERCE AVENUE MOREHEAD NC 28557 252-808-2808 ext. 229 Thank you. Sincerely, Sherry Tyson, Secretary Division of Coastal Management ATTACHMENT Cc: File RECF NoV 13 2015 pCM- Wt) CITY L NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 6 November 2015. According to the said application submitted by Michael and Pamela Gray, applicants propose to fill +2900 82 of wooded wetlands off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity, in Beaufort County, North Carolina A copy of the entire application maybe examined or copied at the office of Jonathan R. Howell, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 2 December 2015 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Please publish on: 13 November 2015 R. Kelly Spivey, Field Representative Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3853 I Major Permit Fee Schedule DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve e filling or excavation of any errands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve he filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine If AA C, or D below applies: III(A). Private, non-commercial development, ff General Water Quality Certification No. 3490 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, KGeneral Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) 0% ($0) 111(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to ater quality or vatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: 1 $475 1 60% ($285) 40% ($190) RECEIVED NOV 13 2015 DCM- MHD CITY 10/19/2015 Michael & Pamela Gray 2015 52 East Bayside Drive Chocowinity, NC 27817 F Atten: Kelly Spivey % CAMA 943 Washington Square Mall Washington, NC 27889 Dear Kelly Enclosed you will find copies of the application and plats for your review. We are applying to back fill approximate 2900 sq. ft. on our property at 51 Canal Court. We need the area back filled because: 1. The lot is 90' wide 2. Set -back and septic lines are 41' 3. Proposed driveway is 15' 4. Leaving 34' total for proposed house which would only leave 31' for house width and would off- set the house to the far left 5. This would probably require a two story house with extra construction cost Sincerely, mU ki _ s ct r"- Mike & Pam RECEIVED NOV 13 2015 DCM- MHD CITY 4 FKK_1821pc959 NORTH CAROLINA BE.AUFORT COt_NTY FOR REGISTRATION REGISTER OF DEEOG Jenni ter LapRntt Yhitehuret July 03 a2013t 0... 39 11 PM Book 1821 Page 959-961 FEE: $26. 00 INSTRUMENT R 2013003869 TI4IS RELEASE DEED. made and entered into this 2 g#mday of 44 VAi r)2013. by and between BEALIFOR7' POIN"IT OWNmS ASSOCIATION. INC.. a North Carolina corporation, whose address is %Pamlico Properties. 222 Stewart Parkway. Washington, NC 27889, hereinafter designated "Grantor". and BROWN DEVELOPMENT OF N.C., LLC, a North Carolina limited liability company, whose address is P. O. Box 5689. Florence. SC 29501. hereinafter designated "Grantee'; WITNESSETH: THAT WHEREAS. said Grantee is the owner of certain property located in C'hocowinit}• Township.. Beaufort County. North Carolina, which is subject to certain restrictive covenants recorded in Book 1534. Page 485: Book 1614. Page 710: Book 1628. Page 473: and Book 1652. Page 589. Beaufort County Registry. (hereinafter. collectively referred to as the "Declaration"): AND WHEREAS. Grantee has previously assigned all of its Special Declarant Rights as described in the Declaration. including those certain rights set forth in Article 9 of the Declaration. to Grantor in an Assignment of Declarant Rights dated April 3. 2012 and recorded in Book 1779. Page 853, Beaufort County Registry: AND WHEREAS. Article 9.3 of the Declaration of Covenants. Conditions and Restrictions for Beaufoi recorded ir. Rook 15t4. Pain 485. Beaufort Count. Regisur.. provides as follows: 9.3 Withdrawal of Property. Declarant reserves the right to amend this Declaration without prior notice and without the consent of any Person. for the purpose of removing property then owned by Declarant, its affiliates, or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of PREPARED BY: KEITH B. MASON OCT 302015 RO, RECEIVED NOV 13 2015 DCM- MHD CITY 0 K1821PG960 any changes in Declarant's plans for the property. provided such withdrawal is not unequivocally contrary to the overall. uniform scheme of development for the Properq. AND WHEREAS, Grantee has requested the said Grantor to release from the operation of said Declaration so much of the land thereby restricted as is hereinafter described: AND WHEREAS, the property described below is st+'amp land which is not suitable for the construction of any permanent structures: therefore. the withdrawal of said property is not unequivocally contrary to the overate, wiiform scheme of development for the subdivision known as Beaufort Pointe, and so Grantor has agreed to release said property from the operation of said restrictive covenants: AND WHEREAS. Grantee has agreed that. as part of the consideration for this agreement. the property herein released shall be impressed with a restrictive covenant, which shall run with the land, and shall provide that no permanent structures shall be built or erected upon said property. NOW. THEREFORE. for and in consideration of the sum of $1.00 and other good and valuable considerations to it paid by the Grantee, said Grantor has remised and released, and by these presents does remise, release and forever quitclaim unto the said Grantee. its successors and assigns. all those certain lands situate inChocowinity'loe nship. Beaufort County'. North Carolina. and more particularly described as follows: BEGLMJfNG at an existing I" iron pipe located in the westernmost corner ol'Lot 88.13a\ side Shores Subdivision No. 6. and being designated as point "F" on a plat entitled "A Sunny for: Michael H. & Pamela H. Guy" dated January 31. 2013 b7 Hugh A. Sorrell, PLS, which said plat is recorded in Plat Cabinet H. Slide 98- 6, Beaufort County Registry. and incorporated herein by reference for a more complete and adequate description; running thence from said beginning point along the high water mark of a canal North 460 50' 13" West 34.99 feet to a new iron pipe designated as point "G" on said plat; thence North 39' 08' 27" East 120.28 feet to a new iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "New 20' Easement' South 460 49' 39" East 35.00 feet to a bi" rebar located in the northernmost corn of Let 98. and being designated as point "C" on said plat: thence along the northwesterly line of Lot 88 South 390 08' 40" West 120.27 feet to the point of beginning, containing 0,10 acres, more or less, and being shown as "Lot 88 Addition" on the aforesaid plat. Reference is made to deed recorded in Book 1689. Page 87. 13eaul'ort County Registp. RECEIVED TO HAVE AND TO HOLD said lands and premises. together with all privileges and appurtenances thereunto belonging to the Grantees. their heirs and assigns. free, and discharged from NOV 13 2015 the all the rights and obligations contained in the restrictive covenants recorded in Book 1534. Page DC M- M H D CITY eR1821P�961 485: Book 1614. Page 710: Book 1629. Page 473: and Book 1652. Page 589. Beaufort County Registry. hereinabove referred to. But it is understood and agreed that this Release shall apply only to so much of said lands as are herein expressly described and conveyed. and that as to the remainder of said lands said restrictive covenants shall be and remain in full force and effect. IN WITNESS WHEREOF. Grantor has caused this instrument to be executed in its name by its President. al! by proper corporate authority dulN given. 01l as of the da% and Year first ahovc written. BEAUF'ORT POINTE OWNERS ASSOCIATION, INC., a North Carolina corporation By: ravis henson. President Attest: C Ffatry SP ttih, Secretary NORTH CAROLINA BEAUFORT COUNTY I, a Notary Public in and for the State and County aforesaid, certify that Harry Smith personally appeared before me this day and acknowledged that he is Secretay of BEAUFORT POINTE OWNERS ASSOCIATION. INC.. a North Carol ina corporation, and that by authority duly given and as the act of the corporation the foregoing instrument Y%as signed in its name by Travis Stephenson, its President. sealed with its corporate seal. and attested by himself as its Secretary. Witness my hand and notariai seal this the day of � on! 3. kd�- � (> , Notary Public My Commission expires: om RECEIVED NOV 13 2015 DCM— MHD CITY kr:4c mi4011441) L' ' w iOR REGISTRATION REGISTER OF DEEDS JannBeaara,l+aC.,,Mv tNC°nr BK 1 8 2 1 °G 9 6 2 Jul B Book 18210Page 96299614PM FEE. $26 00 INSTRUMENT 120130038710 NORTH CAROLINA'r"i= BEAUPORT COUNTY THIS RELEASE DEED, made and entered into this 1 g}1, day of April, 2013, by and ` between THE CITY OF WASHINGTON, a North Carolina municipal corporation, whose address is 102 East Second Street, Washington, NC 27889, hereinafter designated "Grantor", and BROWN 6/ DEVELOPMENT OF N.C., LLC, a North Carolina limited liability company, whose address is P. 0. Box 5689, Florence, SC 29501, hereinafter designated "Grantee'; W IT N E S S ETH: THAT WHEREAS, said Grantee is the owner of certain property located in Chocowinity Township, Beaufort County, North Carolina, which is subject to a certain Waterand Sanitary Sewer Service and Easement Agreement recorded in Book 1558, Page 460. and a certain Modified Water and Sanitary Sewer Service and Easement Agreement recorded in Book 1614, Page 457, Beaufort County Registry, (hereinafter, collectively referred m as the "Agreements"); AND WHEREAS, Grantee is the successor in interest to NC Land Partners, LLC under the Agreements; AND WHEREAS, Grantee has requested the said Grantor to release from the operation of said Agreements so much of the land thereby encumbered as is hereinafter described, and the said Grantor has agreed to do so; NOW, THEREFORE, for and in consideration of the sum of $1.00 and other good and valuablecomidemHons to it paidbythe Grantee, said Gramorhas remised and released, and bythese presentsdoesvemiseand release fromtheabovedescribedAgreements, all thosecertain landssimate in Chocowinity Township, Beaufort County, North Carolina, and more particularly described as follows: PREPARED BY: KEITH B. MASON RECEIVED NOV 13 2015 DCM- IV HD CITY eK1821Pc963 BEGINNING at an existing I" iron pipe located in the westernmost comer of Lot 88, Bayside Shores Subdivision No. 6, and being designated as point V" on a plat entitled "A Survey for: Michael H. & Pamela H. Gray dated January 31. 2013 by Hugh A. Somell, PIS, which said plat is recorded in Plat Cabinet H, Slide 98- 6, Beaufort County Registry, and incorporated herein byrefarence for a more complete and adequate description; running thence from said beginning point along the high water mark of a canal North 46° 50' 13" West 34.99 feet to a new von pipe designated as point"G" on said plat; thence North 390 08' 27" East 120.28 feet to a new iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "New 20' Easement" South 46° 49' 39" East 35.00 feet to a 15" rebar located in the northernmost comer of Lot 88, and being designated as point "C on said plat; thence along the northwesterly line of Lot 88 South 39° 08' 40" West 120.27 feet to the point of beginning, containing 0.10 some. more or less, and being shown as "Lot 88 Addition" on the aforesaid plat. Reference is made to dad recorded in Book 1689, Page 87, Beaufort County Registry. TO HAVE AND TO HOLD said lands and premises, together with all privileges and appurtenances thereunto belonging to the Grantee, its successon and assigns, free. and discharged from the all the rights and obligations contained in the Water and .Sanitary Sewer Service and Easement Agreement recordedin Book 1558, Page460, and the Modified Waterand Sanitary Sewer Service and Easement Agreement recorded in Book 1614, Page 457, Beaufort County Registry But it is understood and agreed that this Release shall apply only to so much of said lands as are herein expressly described and conveyed, and that as to the remainder of said lands said Agreements shall be and remain in full fora and effect. IN WITNESS WHEREOF, the Cityof Washington has caused this instmmenttobe executed by its Mayor, sheared by its City Clerk, and its municipalseal to be hereunto affixed, all as of the day and year first above written. �OPPOAATiGY ..•. 47nn `SEfR.'. THE CITY OF y!ASHINGTON f I' Hy� 'Mcbie Jennings, Mayor RECEIVED NOV 13 2015 DCM- MHD CITY Rk1821n964 NORTH CAROLINA BEAUFORT COUNTY s otary Public in and for th< state and county aforesaid, certify that Cynthia S. Bennett personally appeared before me this day and acknowledged that she is City Clerk of THE CITY OF WASHINGTON and that by authority duly given and as the act of the corporation the foregoing instrument was signed in its name by Archie Jennings, its Mayor, sealed with its corporate seal, and attested by herself as its City Clerk. Witness my hand and notarial seal this the /-6' day of April, 2013. My Commission Expires: 1Gt:4 /Ylase 1440 GAr XhN S Q,4dV%% Notary Public B. Jp�011 y� P NorgRt. t Z` °G a of y RECEIVED NOV 13 2015 DCM- MHD CITY 0K1821Pc966 BUT, this property is being conveyed subject to the following: 1. Ad valorem taxes for the year 2013 and subsequent years; 2. A restrictive covenant, which shall run with the land, and shall provide that no permanent structures shall be built or erected upon said properly; and 3. All easements, conditions, and restrictions of record, if any. TO HAVE AND TO HOLD said property, together with all privileges and appurtenances thereunto belonging or in anywise appertaining unto Grantees, their heirs and assigns, in fee simple. Grantor covenants that it is seized of the above -described property in fee and has the right to convey the same in fee simple, that the same is free and clear of all liens and encumbrances not set out above and that, except as to such liens and encumbrances, it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its Member/Manager, all by proper authority duly given, all as of the day and year first above mentioned. BROWN DEVELOPMENT OF N.C., LLC, a North Carolina limited liability company By: )ZA > Auddie C. Brown, Member/Manager NORTH CAROLINA BEAUFORT COUNTY Before me, a Notary Public in and for the State and County aforesaid, personally appeared Auddie C. Brown and acknowledged that he is Member/Manager of BROWN DEVELOPMENT OF N.C., LLC, a North Carolina limited liability company, and that he, as Member/Manager, being authorized to do so, executed the foregoing instrument on behalf of the company for the purposes therein expressed. Witness my hand and notarial seal this the 2 day of July, 2013. Notary My Commission expires: e RECEIVED NOV 13 2015 DCM- MHD Ci i Y 1<e..I� mom t- /a"' 3 of `/ 3 FOR REGISTRRr ION REGISTER OF OEEM J�mif., L�aaalt IIE, .e ,u l Buu tort Cwnly. RG aK 18 2 1 PG 9 6 5 JUIY e3, 2013 04:39:01 PM Book 1821 Page 965-966 FEE $ 6 00 INSTRUMENT q 2013003811 �rMT.`�9 4� IIINIIIIIIIIIIIIIIIINNIIIINIIIIINNIINIIIIIIIIIIN ` a. %o3-i_� Land Recorda Official Data IN6iRUMENi 1 2U13UU38i1 NORTH CAROLINA No REA1- ESTATE BEAUFORT COUNTY TAX PAID THIS DEED, made as of the Z day of July, 2013, from BROWN DEVELOPMENT OF N.C., LLC, allorth Carolina limited liability company, whose address is P. O. Box 5689, Florence, SC 29501, hereinafter designated "Grantor" to MICHAEL H. GRAY and wife, PAMELA H. GRAY, whose address is 52 E. Bayside Drive, Chocowinity, NC 27817, hereinafter designated "Grantees'; WITNESSETH: That for and in consideration of the sum of TEN DOLLARS and other good and valuable considerations paid by Grantees to Grantor, the receipt of which is hereby acknowledged, Grantor has bargained and sold and by these presents sells and conveys unto Grantees, their heirs and assigns, all that certain lot or parcel of land lying and being in Chocowinity Township, Beaufort County, North Carolina, and more particularly described as follows: BEGINNING at an existing 1" iron pipe located in the westemmost corner of Lot 88, Bayside Shores Subdivision No. 6, and being designated as point "F" on a plat entitled "A Survey for: Michael H. & Pamela H. Gray" dated January 31. 2013 by Hugh A. Sorrell, PLS, which said plat is recorded in Plat Cabinet H, Slide 98- 6, Beaufort County Registry, and incorporated herein by reference for a more complete and adequate description; running thence from said beginning point along the high water mark of a canal North 46' 50' 13" West 34.99 feet to a new iron pipe designated as point "G" on said plat; thence North 39' 08' 27" East 120.28 feet to a new iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "New 20' Easement" South 460 49' 39" East 35.00 feet to a %" rebar located in the northernmost comer of Lot 88, and being designated as point "C" on said plat; thence along the northwesterly line of Lot 88 South 39" 08' 40" West 120.27 feet to the point of beginning, containing 0.10 acres, more or less, and being shown as "Lot 88 Addition" on the aforesaid plat. Reference is made to deed in Book 1689, Page 87, Beaufort County Registry. recorded RECEIVED The above described property does ( ) does not ( X ) include NOV 1 3 2015 the primary residence of the Grantor. PREPARED BY: D C M' M F4 �v k Y Y KEITH B. MASON 11 R1821PC967 BMFORT COLN" LAM RECORDS ROUTING PORN 39517 7 7_c3-/3 Land Records Official Oera i0R REGISTRATION RwnSTER QF DEEDS July 03: 2013 04:39:of PM Book 1821 Page 96748 FEE: 526.Dp INSTRUMENT 4 2013003872 6iI1+k�PN1 12013032 NORTH CAROLINA NO REAL ESTATE TAX PAID BEAUFORT COUNTY THIS DEED, made as of the I 9 I- day of May. 2013, from MICHAEL H. GRAY and wife. PAMELA H. GRAY, whose address is 52 E. Bayside Drive, Chocowinity. NC 27817. hereinafter designated "Grantors" to MICHAEL H. GRAY and wife. PAMELA H. GRAY, whose address is 52 E. Bayside Drive. Chocowinity. NC 27817. hereinafter designated "Grantees": WITNESSETH: That for and in consideration of the sum ofTEN DOLLARS and other good and valuable considerations paid by Grantees to Grantors. the receipt of which is hereb} acknowledged. Grantors have bargained and sold and by these presents sel I and convel unto Grantees, their heirs and assigns. all that certain lot or parcel of land lying and being in Chocowinity Township, Beaufort County. North Carolina, and more Particularly described as follows: BEGINNING at an existing 1" iron pipe located in the westemmost corner of Lot 88. Bayside Shores Subdivision No. 6, and being designated as point "F" on a plat entitled "A Survey for: Michael H. & Pamela H. Gray" dated January 31. 201", by Hugh A. Sorrell, PLS, which said plat is recorded in Plat Cabinet H, Slide 98- 6. Beaufort County Registry, and incorporated herein by reference for a more complete mid adequate description: running thence from said beginning point along the high water mark of a canal North 46' 50' 13" West 34.99 feet to a new iron pipe designated as point "G" on said plat; thence North 39' 08' 27" East 120.28 feet to a new iron pipe designated as point "D" on said plat; thence along the southwesterly line of the "New 20' Easement" South 46' 49' 39" East 35.00 feet to a Y2" rebar located in the northernmost corner of Lot 88. and being designated as point "C" on said plat; thence along the southwesterly line of the "Existing 20' Private Easement" South 46° 39' 00" East 90.21 feet to a''/2" rebar located in the northernmost corner of Lot 87: thence along the northwesterly line of Lot 87 South 39° I T 50" West 119.95 feet to a new iron pipe; thence the same course continued to a point in the existing wood bulkhead on the canal; thence along the existing wood bulkhead and with the canal North 46° 50' 32" West 90.01 feet to the point of beginning. containing a total of 0.35 acres, more or less, and being a combination of " Lot 88" and the "Lot 88 Addition" as shown on the aforesaid plat. RECE`,�, ` NOV I DCM- 9K1821Pc968 t,Y The above described property does( ) does not (X) include the primary residence of the Grantors. BUT, this conveyance is being made subject to the following: Ad valorem taxes for the year 2013 and subsequent years: and 2. All easements, conditions, and restrictions of record, if any. TO HAVE AND TO HOLD said property, together with all privileges and appurtenances [hereunto belonging or in anywise appertaining unto Grantees, their heirs and assigns, in fee simple. Grantors covenant that they are seized of the above -described property in tee and have the right to convey the same in fee simple, that the same is free and clear of all liens and encumbrances not set out above and that, except as to such liens and encumbrances, they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals, all as of the day and year first above mentioned. ee (Seal) MICHAEL H. GRAY (Seal) PAMELA H. GRAY NORTH CAROLINA BEAUFORT COUNTY Before me, a Notary Public in and for the State and County aforesaid, personally appeared MICHAEL H. GRAY and wife. PAMELA H. GRAY and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal this the day of May. 2013, Notary Public M}' Commission expires: ,ON ,+ 9-r�2 lo- aoi 3 • d'ti j • . F a :. 1 4L RECEIVED NOV 13 2015 DCM- MHD CITY L"� 10/19/2015 Michael & Pamela Gray 52 East Bayside Drive Chocowinity, NC 27817 Audie Cliff Brown P.O. Box 5689 Florence SC 29501 Dear Cliff, I f+ t, ,E top, jer Enclosed you will find copies of the application and plats for your review. We are applying to back fill approximate 2900 sq. ft. on our property at 51 Canal Court. We are required to send you this information as part of the permitting process, as you are an adjacent land owner. You have 30 days in which to submit comments on the proposed project to the Division of Coastal Management if you so desire. Those comments can be mailed to: Division of Coastal Management, Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889. ySii�ncerely, (9 i t (1- f lw� Mike & Pam OCT 3 0 NIS RECEIVED NOV 13 2015 DCM- MHD CITY M 10/19/2015 Michael & Pamela Gray 52 East Bayside Drive Chocowinity, NC 27817 David & Laura Newsome 441 Buck Newsome Road, Fremont NC 27830 Dear David & Laura, Enclosed you will find copies of the application and plats for your review. We are applying to back fill approximate 2900 sq. ft. on our property at 51 Canal Court. We are required to send you this information as part of the permitting process, as you are an adjacent land owner. You have 30 days in which to submit comments on the proposed project to the Division of Coastal Management if you so desire. Those comments can be mailed to: Division of Coastal Management, Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889. Sincerely, ri_J C l III .r OCT `32015 Mike & Pam RECEIVED NOV 13 2015 DCM- MHD CITY urivmg virecUons trom Washington, North Carolina to 51 Canal Ct, Chocowinity, North... Page 1 of 2 �y Notes m a}�pi Ues t < Trip to: t r015 51 Canal Ct Chocowinity, NC 27817-9464 — 5.91 miles / 11 minutes Washington, NC Download Free App a 1. Start out going northwest on W 5th St / US-264 W toward N Respess St. Mao 0.4 Mi 2. Turn left onto N Bridge St / US-17 Bus S. Continue to follow US-17 Bus S. Man 1.8 Mi 17 41 3. Turn left onto Whichards Beach Rd. Map 3.2 Mi 4. Turn right to stay on Whichards Beach Rd. Map 0.06 Mi 5. Whichards Beach Rd becomes Bay Shores Rd. Mae 0.06 Mi At 6. Bay Shores Rd becomes Whichards Beach Rd. Mao 0.2 Mi 41 7. Turn left onto E Bayside Dr. Map 0.2 Mi ` 8. Take the 1 st left onto Canal Ct. Map 0.02 Mi . 9. 51 CANAL CT is on the left. Map 9 51 Canal Ct, Chocowinity, NC 27817-9464 RECEIVED NOV 13 2015 DCM- MHD CITY http://www.mapquest.com/print?a=app.core.ff59d8b53593cblbaadc847b 10/16/2015 uriving Directions trom Washington, North Carolina to 51 Canal Ct, Chocowinity, North... Page 2 of 2 J6 Total Travel Estimate: 5.91 miles -about 11 minutes cowinity ihn Sn7ail AvL 264� 31 River Road o. 00ft �'� n�pquest l000m _ @2015 MapQuest - Portions @2015 TomTom I Toms I Privacy 02015 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use Dcm OCT a02015 RECEIVED NOV 13 2015 DCM- WLHC ,- y http://www.mapquest.com/print?a=app.core.ff59d8b53593cbIbaadc847b 10/16/2015 "X� Map sat 51 Canal Court, Chocowinity NC T RECEIVED NOV 13 2015 WA Groundlevel Area to be filled 35' X 82' Proposed Silt Fence xxxxxxxxxxxxxxxxxxxx, Upland Portion Of Lot Wooded Wetlands Uplands Vj o W U CD W z � It C) 0 Ground level CD r', Title Block Michael & Pamela Gray Date: 1012612015 C 10/19/2015 Michael & Pamela Gray 52 East Bayside Drive Chocowinity, NC 27817 David & Laura Newsome 441 Buck Newsome Road, Fremont NC 27830 Dear David & Laura, Enclosed you will find copies of the application and plats for your review. We are applying to back fill approximate 2900 sq. ft. on our property at 51 Canal Court. We are required to send you this information as part of the permitting process, as you are an adjacent land owner. You have 30 days in which to submit comments on the proposed project to the Division of Coastal Management if you so desire. Those comments can be mailed to: Division of Coastal Management, Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889. Sincerely, Mike & Pam l ru MAIL) to FR m S DIAL USE -� Cartlfletl MaA Fag ru $ f3°45 0056 rvwasa eesgi.m(m.,eypq. 05 p ❑n R-sw(«.cswm ate_ Pa mas o ❑C•IMeeMm�ReemmeeD*A $ Here p ❑rmRECEIVED .ftsvmureneowre $ ❑FCmt signature Raedm Dakry$ o POe�He $0.71 NOV 13 2015 .A p Taal Postage and Fees 10/22/2015 $ $6.96 Ln SBMTD--.-..-... C M- KIND CITY N sraAw.�ro. « ------------------- -- 44--1_-�_v±�2. -.Q. - 10/19/2015 Michael & Pamela Gray 52 East Bayside Drive Chocowinity, NC 27817 Audie Cliff Brown P.O. Box 5689 Florence SC 29501 Dear Cliff, Enclosed you will find copies of the application and plats for your review. We are applying to back fill approximate 2900 sq. ft. on our property at 51 Canal Court. We are required to send you this information as part of the permitting process, as you are an adjacent land owner. You have 30 days in which to submit comments on the proposed project to the Division of Coastal Management if you so desire . Those comments can be mailed to: Division of Coastal Management, Jonathan Howell, District Manager, 943 Washington Square Mall, Washington, NC 27889. Sincerely, Mike & Pam o- f` ,. •.nestic Mail Only ru p0 FLIJPI r F 191M 1 A L U S E m -0 Ir Certified Mall Fee $J,45 0056 ru $ 05 F dra Elervioes & Pass (Crack bw, aW reeve-2 + 'afe) ❑ Morn Peca4A(butlwpw $ q rin M ❑ Hahn Racelpt(elatmnlc) $ nn_,r,�n Postmark 0 ❑CeNllee Mall Hestriclee DellvelY $_ 'Here O ❑ MO Signature Required $ QAdua SlgmWm Reatricted Delivery $ O Postage $u.71 0 10/22/2015 Tow Postage and Fees $ $6.96 Ln `q O N Sant To I S; a i.... .. ,wPO gam_, __._... _%________________________________ Y IoGItL!i YX 6i> RECEIVED NOV 13 2TI ®CM- ,u . 'r "" i MIS is a word processing fora to be completed in Microsoft Word— A Major Permit Appoicavon Coemputev Sheet (02/15/2010) Applicant:"2B4g- Project Site County T�El1 t'l-o1ZT Staff: K District: ❑Elizabeth City �Nashington []Morehead City ❑Wilmington Project Name: ty t A, Rover File: h) 1 PNA: ❑Yes '�No Photos Taken: Yes El N Setback Required (ripa adn): Yes No Critical Habitat: ❑Yes ❑No)$Not Sure 15 foot waiver obtained: []Yes qNo Hazard Notification Returned: ❑Yes MNo SAV: Yes ❑No Not Sure Shell Bottom: OYes ," No CTNot Sure Temporary Impacts: Yes No Sandbags: Yes No []Not Sure Did the land use classification come from county LUPeN, ❑No Mitigation Required (optional): ❑Yes [aldo Moratorium Conditions: E3YeSVNo ❑NA Environmental Assessment Done: ❑Yes pNoPNA ,S -OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) ,_s,.;is 3riil1:,_'C "-t Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) El(SS) Glasswort (Salicomia sp.) wetland(404)s) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina aftemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus C3 (TY) Cattail (fypha sp.) spicata) SO El (JR) Black needlerush (Juncus D (SP) Sal/meadow grass (Spartina roemerianus) patens) 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 0 Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $2 0 lll(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 NOV 1 3 2015 DCM- MHD CITY Applicant: M+aNAffi P'�nrZq GRA I Date: MQ949 It J 5 f I 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 Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work Replace 35 Z Maint ❑ ❑ Y N 3 New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New W;rk= Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace RECEIVED Maint ❑ ❑ Y ❑ N NOV 13 2015 DCM- MHD CITY revised 02115MO 0 Applicant: M , c.r-trtz� 7awcl o- (apa Date-&528 it ilO Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet DISTURB TYPE Choose One TOTAL Sq. Ft (Applied for. Disturbance total includes any anticipated restoration or --temp impacts) FINAL Sq. Ft (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount W 5 Dredge ❑ FilrgBoth ❑ Other ❑ Z r 9D0 Z gpD� 2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED NOV 13 2015 DCM- MHD CITY Lei Water Resources ENVIRONMENTAL QUALITY November 24, 2015 Michael and Pamela Gray 52 East Bayside Drive Chocowinity, NC 27817 PAT MCCRORY Governor DONALD R. -VAN DER VAART Secrv+ary S. JAY ZIMMERMAN Director DWR #'12-0981 V2 Beaufort County Subject: WITHDRAWAL OF APPLICATION Michael and Pamela Gray Property —51 Canal Court in Bayside Shores Subdivision Dear Mr. and Mrs. Gray: On November 13, 2015, you requested a 401 Water Quality Certification from the Division of Water Resources (Division). On November 24, 2015 the Division received a request from you to withdraw the current application: Therefore, your file is hereby considered withdrawn. Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and any work'ddne within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrauehCdncdennigov if you have any . questions or concerns. 6Div!s!on br l , Environmental Senior Specialist y eglo al Operations Section ter Re ources, NCDEQ cc:. Doug Huggett, DCM Morehead City Kelly Spivey, DCM WaRO Raleigh Bland, IISACE Washington Regulatory Field Office (via email) Lasernche File State of North Carolina I Environmemal Quality l WwrResmoces WatuQualiiy Regional Operations—WWoingWnAegionol Ofm 943 WashiogtartSq=Ma% Washington, NO 27889 252-9466481 North Carolina Department of Environmental Quality ( ? Pat McCrory Governor r MEMORANDUM TO: Charlan Owens District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City NC 28557 DATE: 10 November 2015 SUBJECT: CAMA Application Review APPLICANT: Michael and Pamela Gray REC � I'V' (yonald R. van der Vaart S cretary NOV 1 3 2015 COASTAL ELIZn,^,rTl! fliy Respond to Doug Huggett Morehead City Office PROJECT LOCATION: Project site is off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity in Beaufort County, North Carolina. PROPOSED PROJECT: Applicant proposes fill ±2900 ft2 of wooded wetlands. Please indicate below your position or viewpoint on the proposed project and return this form by 30 November 2015. Please contact R. Kelly Spivey at 252-948-3853, if you have any questions regarding the proposed project. When appropriate, in depth comments with supporting data are requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This ot(iice objects* the proposed project for reasons described in the attached Date I I - z t - RECEIVED NOV 3 0 2015 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001Internet: www,ncdenr.gov DCM- MHD CITY An Equal Opportunity 1 Affirmative Action Employer - Made in pan by recycled paper PAT MCCRORY DONALD R. VAN DER VAART BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY dil4l'dd[L1IIII 1III TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coasta Management FROM: Charlan Owe AICP, District Planner Division of Coastal Management SUBJECT: Major Permit Request by Michael and Pamela Gray to fill 2,900 sq. ft. of Section 404 Wetlands adjacent to a manmade canal that connects to Chocowinity Bay and the Pamlico River; on the property at 51 Canal Court, in Beaufort County. Date: November 24, 2015 Consistency Determination: The request is consistent with/not in conflict with the Beaufort County Land Use Plan certified by the CRC on January 13, 2010. Overview: The subject property is a .24 acre lot with approximately 125 linear feet of shoreline along a manmade canal that connects to Chocowinity Bay and the Pamlico River. The manmade canal is approximately 110 feet wide at the property, with water depths ranging from -3 feet at the shoreline to -7 feet at the center of the canal. The western 1/4th of the lot consists of Section 404 wetland, with 35 feet of upland separating the wetland from the manmade canal to the south. The site is elevated approximately 3 feet above Normal Water Level (NWL) and is vegetated with wooded wetlands and lawn grasses. The property is located within the AE Floodzone. Existing site improvements consist of a septic system and a filled, 20 foot wide right-of-way on the northern side of the lot. Existing shoreline improvements consists of a bulkhead. Filling of 2,900 sq. ft. of Section 404 wetlands is proposed The waters of Chocowinity Bay and the Pamlico River are classified as SB NSW waters and Coastal Waters and are closed to shellfish taking. The manmade canal is classified as Coastal Fishing Waters because it opens into the Pamlico River. A review of Submerged Aquatic Vegetation (SAV) was not provided. A review of historic and archaeological resources was not provided. Anticipated impacts impacts resulting from this project are expected to include: the filling of 2,900 sq. ft. of Section 404 Wetlands within the Coastal Shoreline Area of Environ enttal Concern (AEC). HECEIVED NOV 3 0 2015 =� Nothing Compares DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 Nortt'Zarolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 4 Basis for Determination: The Beaufort County Future Land Use Map (FLUM) designates the site as "Towns and Community Centers" with a "Conservation II Overlay". The following LUP policies may be applicable to this request: Intensity/Density Criteria — Mitigation Concepts: Policy 2.2, pages III-13 — III-14. "The Conservation II classification is established as an overlay (please see definitions) that delineates areas containing hazards and significant development limitations that may be addressed by building and site development standards, density guidelines, impervious surface limits, and other methods to mitigate hazards or to minimize the impact of development." "2.2.2 Only development that is consistent with the use standards for the estuarine shoreline AEC and the public trust shoreline AEC (15A NCAC 07H .0209(d)) is allowed." "2.2.3 Development in any flood hazard zone delineated on a Beaufort County FIRM or in an area that is subject to storm inundation as illustrated on Beaufort County storm surge maps must meet the location and construction requirements of the Beaufort County Flood Damage Prevention Ordinance." "2.2.4 Development in non -coastal wetlands classified as substantial by on NC CREWS is discouraged. The plan supports applicable state and federal permitting requirements and development limitations in these areas." "2.2.7 The following mitigation concepts are encouraged for development in areas covered by the Conservation II land classification: - Low impact site and building development techniques to reduce nonpoint source runoff and to protect water quality I' t' "2.2.8 Conservation II is an overlay land classification and will involve site specific building intensity and density standards. These standards will take into account site hazards, characteristics of natural systems present, septic tank limitations, the policies of the underlying land classification, and other significant factors related to the site. Generally, development and land uses in areas covered by Conservation II will be on significantly larger lots or building sites and will involve less concentrated land uses." RECEIVED NOV 3 0 2015 !''Nothing Compares _—, DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 Nortt.C.afollna Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 4 Policy 2.3, page III-14. Towns and Community Centers: "2.3.1 The purpose of this classification is to delineate areas for the continued intensive development, redevelopment, and in -fill development in the municipalities and the nearby -unincorporated areas. These areas have the highest levels of community services in planning area and essential services, such as public water supply, wastewater treatment, transportation, and fire and rescue services, are readily available or close -at -hand." "2.3.6 The following mitigation concepts are encouraged for development in the towns and community centers classification: - Low impact site and building development techniques to reduce nonpoint source runoff and to protect water quality Infrastructure - Stormwater: Policy 3.18, page III-23. "The local governments will cooperate with appropriate state and federal agencies to manage stormwater runoff and non -point source pollution discharges to estuarine and public trust waters." "3.18.4 The county and municipalities will actively encourage low impact site design and development (LID) to manage stormwater runoff..." Natural Hazards: Policy 4.1, page III-25. "... (T)he local governments strongly support State policies that regulate location and intensity of development in these areas and will continue implementing local measures to mitigate risks." Policy 4.2, page III-25. "In order to minimize risks associated with flooding and other natural hazards, the local governments will continue to enforce Floodplain Regulations..." RECEIVED NOV 3 0 2015 -' lNothing Compares - DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elimbeth City, NC 27909 252-264-3901 Nortf..Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM l Page 4 of 4 Water Quality: Policy 5.1, pages III-29. "The plan recognizes the importance of water quality in preserving the life-style and economic well being of the residents and property owners of Beaufort County. The local governments in the planning area will focus on policies that address non -point source discharges in order to protect and restore water quality. It is in this area that the local governments can be most effective." "5.1.2 Coastal and exceptional non -coastal wetlands are included in the Conservation I land classification to address their roles in protecting water quality. Significant and beneficial wetlands are included in the Conservation II overlay classification. Intensity and density guidelines and mitigation concepts for the Conservation I and II land classifications are detailed in policies 2.1 and 2.2." "5.1.3 The plan encourages site planning that maintains site hydrology to the maximum extent possible; that minimizes impervious surfaces; and that treats and manages stormwater on site to the maximum extent when required." Policy 5.2, pages III-30. "Local governments in the planning area will continue to reinforce the state's soil erosion and sedimentation control program and its stormwater management program by requiring proper permits prior to issuance of building permits or approval of preliminary plats for subdivisions." RECEIVED NOV 3 0 2015 DCM- MHD CITY !'Nothing Compares , State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 DWISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANTS NAME: Michael and Pamela Gray 2. LOCATION OF PROJECT SITE: Beaufort County off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on the Pamlico River near Chocowinity, North Carolina Photo Index -1995; 99-1047, V17 2000; 99-1125, V7 2006; 99-8173, C19, D19 State Plane Coordinates - X: 2,587,000 Y: 643,600 Washington Quadrangle - Lower Right Corner 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 22 October 2015 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received — 6 November 2015 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan -1997 Beaufort County Land Use Plan Land Classification From LUP - Conservation (water), Rural (land) (B) AEC(s) Involved: Coastal Shoreline (C) Water Dependent: Yes (D) Intended Use: private (E) Wastewater Treatment: Existing - on -site septic tank Planned - N/A (F) Type of Structures: Existing - bulkhead Planned - fill in wooded wetlands (G) Estimated Annual Rate of Erosion: N/A (II) Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (404) f2,900 ft2 (B) Non -Vegetated Wetlands Canal Bottom (C) Other (Uplands) covered RECEIVED1 (D) Total Area Disturbed: f2,900ft2 (0.07 acres) NOV 17 2015 (E) Primary Nursery Area: No (F) Water Classification: SBNSW Open: No DCM- MHD CITY 8. PROJECT SUMMARY: The applicant proposes to fill f2,900 ft2 of wooded wetlands. Michael and Pamela Gray Bayside Shores Beaufort County Project setting The project site is located off SR 1182 at 51 Canal Court in the Bayside Shores Subdivision on a man-made canal near the Town of Chocowinity in Beaufort County, North Carolina. The Bayside Shores Subdivision is an existing development situated on a peninsula with the Pamlico River on the northern side and Chocowinity Bay on the southern side and a man-made canal system running throughout the subdivision. The lot is approximately 0.24 acres (11,250 ftz) in size and has 125linear feet of shoreline on a man-made canal that leads to both Chocowinity Bay and the Pamlico River. The western side of the lot is a wooded wetland with a 35' area of uplands separating the wetland from the man-made canal. A 20' wide Right -of -Way located in wooded wetlands on the Northern side of the lot, outside the CAMA Coastal Shoreline Areas of Environmental Concern, was filled under U.S. Army Corps of Engineers Nationwide Permit 18, action ID number SAW 2012-01778. Man-made features on the lot include an on -site septic system and a bulkhead along the shoreline. The lot is approximately 3.0' in elevation above the normal water level. The water depth in the man-made canal ranges from -3.0' adjacent to the bulkhead to -7.0' in the center of the canal. The canal measures approximately 110' in width. The lot is vegetated with lawn grasses and wooded wetland vegetation. The upstream property is developed with a single family dwelling. The downstream property is an undeveloped heavily wooded wetland. The Pamlico River and Chocowinity Bay are both classified as SB NSW by the Environmental Management Commission at the project site. The Wildlife Resource Commission classifies Chocowinity Bay as inland fishing waters. However, the man-made canal is classified as Coastal fishing waters because it opens into the Pamlico River. Project description The applicant proposes to fill approximately 2,900 ft2 of wooded wetland on the western side of the property within the Coastal Shoreline Area of Environmental Concern. . Anticipated impacts The project will result in filling of approximately 2,900 ftz of wooded wetlands. Kelly Spivey — 5 November 2015 RECEIVED NOV 17 2015 DCM- MHD CITY 10/19/2015 Michael & Pamela Gray 52 East Bayside Drive W is Chocowinity, NC 27817 Atten: Kelly Spivey % CAMA 943 Washington Square Mall Washington, NC 27889 Dear Kelly Enclosed you will find copies of the application and plats for your review. We are applying to back fill approximate 2900 sq. ft. on our property at 51 Canal Court. We need the area back filled because: 1. The lot is 90' wide 2. Set -back and septic lines are 41' 3. Proposed driveway is 15, 4. Leaving 34' total for proposed house which would only leave 31' for house width and would off- set the house to the far left 5. This would probably require a two story house with extra construction cost Sincerely, ((.e_ s IY) Mike & Pam RECEIVED NOV 17 2015 DCM- MHD CITY O Q0��8 vevrusedf�IGTI®arm} . North Carolina DIVISION OF COASTAL MANAGEMENT I. Pfmary Appdaca DiV L���® eaea daaSoresaadb®aa Business Name NA Project Name (if applicable) NA Applicant 1: First Name MI Michael Last Name H Gay Applicant 2: First Name MI Pamela Last Name H Gray If additional applicants, please attach an additional page(s) with names listed. Mailing Address 52 E Bayside Drive PO Box CRY State ZIP Chocowinity NC Country 27817 USA USA Phone No. FAX No. Street Address (if different from above) 252 - 714 - 2422 ext. 252.975 - 7951 City State ZIP Email ' mgray52@embargmail.com =D NOV 17 2015 <Form continues on bac&> DCM- MHD CITY �52•>;4€•2&68 :. 1-§a'$.r;Rr to c. G F -,,v w y7 ccr.zsare 7na:r,cy sine,t^t.rte± AppLICATION for Major Development Permit 4. Site Description a. Total length of shoreline on the tract (ft) 125' EAPProximate ta 25 c. Size of individual lot(s) NA, leewar(if many lol sizes, please attach additional page with a list) e. Vegetation on tract Lawn grass, wooded wetland, vegetation f. Man-made features and uses now on tract bulk head g. Identify and describe the existing land uses adiacent to the proposed project site. East side - single family dwelling West side - wooded wetland h. How does local government zone the tract? NA I. Is the proposed project ::1 (Attach zoning complier OYes E)No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or eligible property? <Form continues on next page> 3 (sq.ft.) acres) ENHW above NHW (normal high water) or NWL :onsistent with the applicable zoning? :e certificate, If applicable) OYes ®No OYes ®No ONA OYes ®No ONA NOV 17 2015 M1 r`A Ic-f1 v4T F.:%5 ,4y •. .V C. ft.. � t � 0/S,:. Ssy DCM- MHD CITY Form DCM MP-1 (Page 3 of 4) m. (i) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (III above, has a delineation been conducted? (Attach documentation, Kavailable) n Describe exisbng wastewater treatment facilities, 41pY,et on site septic tank o. Describe existing drinking water supply source Public Beaufort County water P. Describe existing storm water management or treatment systems, surface runoff r:Act®irttaes and impacts a. Will the project be for commercial, public, or private use? Una a brief description of purpose, use, and d lot will be used for a single family dwelling C. Describe the proposed construction meth Of equipment and where it is to be stored, dump truck, backhoe, skid steer of the project when complete. types of construction equipment --to used d. List all development activities you propose. Propose to fill wooded wetland for single family dwelling e. Are the proposed activities maintenance of an existing project, new work, or APPLICATION for Major Development Permit ®Yes DNo Oyes ®No iKT v 20i;3 Yes ®No ®Private/Community new f. What is the approximate total disturbed land area resuking from the proposed project? 2900 sq, ft g. Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. none proposed i. Will wastewater or story er be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? j. Is there any mitigation proposed? If yes, attach a mitigation proposal. <Form continues on back> Dyes ❑No ®NA the number of each ®Sq.Ft or RECEIV D NOV 17 2015 DCM- MHD CITY �•••• •+�.m mr-, trdge 4 Ot 4) APPLICATION for Major Development Permit •�•Wo��urcYrewu ueraudr ud'dg18d®Yd _ In addition to this completed application form, (MP-1) the following items below, ifapplicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. - a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present stales of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. . A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. - J. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in will to submit comments on the proposed project to the Division of Coastal Management. Name David &Laura Newsome Phone No. 252-206-6802 Address 441 Buck Newsome Road, Fremont NC 27830 - - Name Audie Cliff Brown Phone No, 864-561-1700 Address P.O. Box 5689, Florence SC 29501 .Name Phone No. - Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Action 1D SAW 2012-01778, USACOE 60932-B CAMAIDCM DCMiCAMA #61981-8 for bulkhead h. Signed consukant or agent authorization form, 'rf applicable. I. Wetland delineation, H necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 1 13 1 1-101, ff necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date �/) G / i 5 Print Name r r 11 cis 0 j �{4- ��r„ — Signature pL-L. % Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED pDCM MP-3 Upland Development ❑DCM MP-4 Structures Information NOV 17 2015 DCM- MHD CITY 2a-8f;a'•2&0rE .. 2 l. r v � EF®Irtmu ©CK HP-2 L UL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing 44 Depth NA NA Final Project Depth NA NA $. EXCAVATION SThis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards.. C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®?his section not applicable a. Location c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? OYes ❑No ❑NA (fi) If yes, how much water area is affected? RECEIVED Nov 17 2015 DCM- MHD CITY 2'S2-90:-2M e: 1-89.4RCCAST ucruY.[ccz +�€,t -.: 4. se':PE.•s�•?t�k ,.Bv'ia•�k'e. ", t2lCFfi 3. SHORELINE STABILIZATIOIN (If development is a wood groin, use MP-4 — Structures) a. Type — shoreline stabil¢ation: ❑Bulkhead ❑Riprap 08reakwater/Sill 00ther: C. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill_ Other_ I. Source of fill material. 4. OTHER FILL ACT14/ITIES IgThis section not applicable Length: Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes E]No DNA (ii) If yes, state amount of erosion and source of erosion amount information. In. Type of fill material. (Excluding Shoreline Stabilization) El This section not applicable a. (i) Will fill material be brought to the she? ®Yes ❑No EINA b. V) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water Q other wetlands (WL)? If any boxes are checked, provide the (fill Dimensions of fill area 0 number of square feet affected. r (iv) Purpose of fill DCW _ OSAV _ OSB ^_ N/A OWL 2900 act ft [-]None (rill Describe the purpose of the fill in these areas: the Geared lot only allows 34- for the house width (sketch) a. How will eexcavatedor fill material b controlleed?e kept on s@e and erosion b. What type of construction equipment will be used (e.g.. dragline, silt fence on property boundry backhoe, or hydraulic dredge)?- dump truck, skid steer loader C. (1) Will navigational aids be required as a result of the project? []Yes ®No [3NA � I (ii) If yes, explain what type and how they will be implemented. Date Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? E]Yes ®No E]NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name Cram RECEIVED Applicant Sign lure � / �Q C�4 NOV 17 2015 DCM- MHD CITY .._ _.--.-. revised: `e%!2'fnrEr6 . ...,.,,,g ✓u,.,.1.lV1lJ 11Vlll w asllln8wu, :vortn traronna to J1 Canal Ct, Chocowinity, North... Page t of 2 Notes mapiquest Trip to: 51 Canal Ct Chocowinity, NC 27817-9464 5.91 miles / 11 minutes eft If Washington, NC Download Free App 1. Start out going northwest on W 5th St / US-264 W toward N Respess St. Mao 0.4 Mi 2. Turn left onto N Bridge St / US-17 Bus S. Continue to follow US-17 Bus S. Man 1.8 Mi ti T, 1 Turn left onto Whichards Beach Rd. Man 3.2 Mi . 4. Turn right to stay on Whichards Beach Rd. Map 0.06 Mi 5. Whichards Beach Rd becomes Bay Shores Rd, Map 0.06 Mi 6. Bay Shores Rd becomes Whichards Beach Rd. Mal) 0.2 Mi ` 7. Turn left onto E Bayside Dr. Map 0.2 Mi ` 8. Take the 1 st left onto Canal Ct. Map 0.02 Mi `■� 9. 51 CANAL CT is on the left. Mao 51 Canal Ct, Chocowinity, NC 27817-9464 RECEIVED NOV 17 2015 DCM- MHD CITY http://www.mapquest.com/print?a=app.core.ff59d8b53593cblbaadc847b 10/16/2015 e u .� u�=•. rrvaiWISLU", 1-401 Ln k.arouna to -)1 canal C;t, C:hocowinity, North... Page 2 of 2 Total Travel Estimate: 6.91 miles - about 1 t minutes uus �) t,7 cow in3ty 32 River Road O �SOOOft m3pqu _5# 1000m 02016 MapQuest - Portions 02016 TomTom I Terms I Privac 02015 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use RECEIVED NOV 17 2015 DCM- MHD CITY ht4)://www.mapquest.r,om/print?a=app.core.ff59d8b53593cb 1 baadc847b 10/16/2015 51 Can& Ocirz, Chocovoinity NC ?,/lap - -- NOV 17 2015 \DCM- M H D CITY Legend Wood Area Area 10 Be Filled Site- I LOT ##88 Wooded Wetland Cliff Brown Property Woodsland Jo e L A°wA��s �eo o�ec b k � p`Td1 jy8 `e^ Title Block 1 ry C � as c.n jj'j ca e/�avP P YSIDE SHORES SID #6 0 Michael & Pamela Gray Date: 10/19/20I S' Ground level O 0 � o m 2 � m 0 o < Area to be filled 35' X 82' Proposed Silt Fence xxxxxxxxxxxxxxxxxxxx Upland Portion Of Lot 90' — e e a 0 Wooded Wetlands o Uplands e e Ground level Title Block Michael & Pamela Gpav Date, 1012612015 Groundlevel Area to be filled 35' X 82' Proposed Silt Fence UCX.`UQUUQUUIX7UCJ[X7CX7US}C XXXXXXXXXXXXXXYYYYVY Upland Portion Of Lot 90' — a 0 0 a Wooded Wetlands Uplands a 0 W W C> > Lu 0 Cr Ground level -- C--) - Title Block Michael & Pamela Gray Date: 1012612015 F— U