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HomeMy WebLinkAbout50-14 Davis, BernieClass Permit Number 50-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 to Bernie Davis,153 Gillikin Drive, Marshallberg, NC 28553 development in Carteret County 4. Sleepy Creek at 153 Gillikin Drive, iallberg , as requested in the permittee's application dated 3/26/14 including the This permit, issued on _ June 6.2014 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may lie�subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings and shall be constructed in a straight line between the corners of the two adjacent bulkheads. , The alignment of the permitted bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of any construction. (See attached sheets for Additional Conditions) permit action may be appealed by the permittee or ialified persons within twenty (20) days of the issuing n appeal requires. resolution prior to work initiation or ante as the case may be. permit must be accessible on -site to Department iel when the project is inspected for compliance. maintenance work or project modification not covered ier requires further Division approval. must cease when the permit expires on 31, 2017 ng this permit,: the State of North Carolina agrees project is consistent with the North Carolina Coastal ent Program. Signed by the authority. of the Secretary of DENR and the Chairman of the Coastal Resources Commission. BraitgdC. Davis,. Director Division'of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Davis Permit # 5044 ' Page 2 of 3 ADDITIONAL CONDITIONS The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. The bulkhead shall be solid and constructed of treated wood, concrete slabs; metal sheet piles or other suitable materials approved by department personnel. No excavation landward of the authorized alignment is permitted except for that which may be required for the construction of the bulkhead wall and deadmen cables, etc. All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 6) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7)' 'Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, `s diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately 4 landward of the bulkhead cap immediately following completion of backfilling activities. General The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in -the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the pernittee will be required, upon :due notice from the Corps of Engineers, to.remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state.of North Carolina on account of any such removal or alteration. ,,The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation in order to discuss the conditions set forth in this permit. This permit shall not, be assigned, transferred, sold, or otherwise disposed of to a third party without the "`. written approval of the Division of Coastal Management. A,` 3ernie Davis Permit # 50-14 Page 3 of 3 ADDITIONAL. CONDITIONS d0'TE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. QOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. The N.C. Division of Water Resources has assigned the proposed project DWQ Project No. 2014-0440. 3TE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW- 201400708. Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 March 26, 2014 Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Davenport: Please find enclosed a CAMA major application from Mr. Bernie Davis requesting authorization to bulkhead the mouth and fill a marine railway basin at his property located on Sleepy Creek, at 156 Ray Davis Road, in the community of Marshallberg, Carteret County. Ray Davis Road is located off Polly Hill Road but one can also access the property by going to the end of Gillikin Drive (also off Polly Hill Road) and taking Mossy Lane which will end at a large boat building shed which is located on the property of this permit request. This property is approximately 1.35 acres in size and has several structures located upon it including a residential house that was constructed in the 1930's, several small sheds and an approx. 60' x 80' x 35' high boat building "shed". Boat building has historically been undertaken on the property. Mr. Davis' son constructed the large boat -building shed in the 1990's and started building sports fishing boats but went out of business some years ago. A marine railways on the property has historically provided a means for boats to be launched and hauled but the railway tracts were removed some years ago. The sides of the basin where the railways were located are bulkhead as is the shoreline affronting Sleepy Creek. Three piers have been constructed from this property into Sleepy Creek. Mr. Davis owns the adjoining riparian properties: the lot to the north has a residential structure while the lot to the south is vacant. Mr. Davis is proposing to bulkhead the mouth of the railways basin and to fill in the railways basin. The existing basin is approx. 28' wide by 38' long with an average water depth of approx. -2' mean or normal low water deep. A proposed bulkhead approx. 30' long will tie into adjacent bulkheads. The proposed bulkhead will be installed before any backfilling occurs. It is estimated that approx. 40 cu.yds of upland fill material will be placed below the mean or normal low water line. After the area is filled, a grassed lawn will be established. This project will provide for a greater grassed buffer area to exist between adjacent impervious areas and the waters of Sleepy Creek. FXCEM MAR 2 7 2014 DCU-Mlmcrry Sleepy Creek has been designated by the Marine Fisheries Commission as a primary nursery area and is closed to the harvesting of shellfish. If you have any questions or need any additional information, please don't hesitate to contact me. Cor�yours, Charles Jo JCC, Inc. cc: Bernie Davis Attachments pk RECWM MAR 2 7 2014 DMMHDCI7Y ICE MP-1 APPLICATION for ^r Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Bernie MI Last Name Davis Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 153 Gillikin Drive PO Box CRY Marshallberg State NC ZIP 28553 Country USA Phone No. 252 - 240 - 9610 ext. FAX No. Street Address (A different from above) City State ZIP Email 2. Agent(Contractor Information Business Name Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name Charles MI Last Name Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address 296 Bay Drive PO Box City Smyma State NC ZIP 28579 Phone No. 1 252 - 729 - 9711 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) CRY State ZIP Email cjonesl9@ec.rr.com RECEWED <Form continues on back> MAR 2 7 2014 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be muftiple) Street Address State Rd. # Carteret 156 Ray Davis Road Subdivision Name City State Zip Marshallberg NC 28553- Phone No. Lot No.(s) (d many, attach addiftm/ page with list) - - ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Sleepy Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Straits e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 192 58,806 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water leveo (if many lot sizes, please attach additional page with a list) 6' ®NH W or ❑NWL e. Vegetation on tract lawn grasses, various shrubs f. Man-made features and uses now on tract house, sheds, building used for boat building g. Identify and describe the existing land uses adiacent to the proposed project site. residential dwelling to the north and vacant lot to the south h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) []Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes j914o ❑NA National Register listed or eligible property? <Form continues on next page> r:.A'R'2 7 2014 252-808-2808 :: 1.888-4RC0A5T :: www.nccoastaImana9oment.net . Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ONO (ii) Are there coastal wetlands on the site? ❑Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ONO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. septic tank o. Describe existing drinking water supply source. individual well p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®PrivatelCommunity, b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to bulkhead and fill in the former railways basin which was used in a former boat building operation. The area will be grassed and used as a lawn. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A contractor will be selected and they will most likely use water pumps or vibration equipment to install the pilings and associated sheeting. After the wall is installed, filter cloth will be installed and upland fill will be brought in to the site and used as backfill for the bulkhead. d. List all development activities you propose. Construct a bulkhead and backfill behind the structure 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? 1,000 ®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. na I. Will wastewater or stormwaler be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. i <Form continues on back> MAR 2 7 2014 252-808-2808 .. 1-888-4RCOAST .. www.,.ccoastaImanayaVCU4MC" Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, Aapplicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to propedy prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Mark Finnicon Phone No. 919-622-4959 Address 5816 Norwood Oaks Raleigh, NC 27614 Name Richard Brice Phone No. 919-942-2862 Address 750 Weaver Dairy Road Chapel Hill, NC 27514 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. GP 24415-C Feb. 14, 2000 h. Signed consultant or agent authorization form, it applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty 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 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _March 26, 2014 me Charles Jones .0om 7,? L�4J15 Signature Please indicate application attachments pertaining to your proposed project. ` RECMID ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development MAR 2 7 2014 ❑DCM MP-4 Structures Information UCM•MOCifY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization _ Length ^ /� Width L 2 Existing Depth P NA NA / Final Project Depth NA NA L i 1, EXCAVATION ®This 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: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. C. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner d. High -ground excavation in cubic yards. ®This section not applicable b. Dimensions of disposal area. d. (i) Will a dis osal area be available for future maintenance? ❑Yes LJNo ❑NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh I. (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: (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? MAR 2 7 2014 DCMMHDCITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 30' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 38' e. Type of stabilization material: Bulkead g. Number of square feet of fill to be placed below water level. Bulkhead backfill approx. 1,064 Riprap Breakwater/Sill Other i. Source of fill material.-14igcivC Upland fill site to be determined by contractor Width: 6" d. Maximum distance waterward of NHW or NWL: 42' I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ®NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Upland Fill 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Area will be vegeated with grass. c. (i) Will nav�'g_ational aids be required as a result of the project? d. ❑Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. March 26, 2014 Date Project Name MAR 2 7 2014 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 fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Most likely hand pumps, vibrating equipement, dump truck () Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Bernie Davis A I IN e Applicant Signatur DCM-M mc" 252-8408 2803 :: 1-888-dRCOAST :: www.nccoasialrna<ragemen;.ne< I�CONNECTGIS WM xpSnNG 2 Property of Mark Finnicom Property of Bernie Davis i Project y r Site Property of Bernie Davis Z )Ca �I � CH. CUP. 1 _ Mars�..l J 2 1 -. 2.. ,& `. Parcel Dimensions Lot Number .qk Propertyof Vicinity Maps of Proposed Richard Brice b` f Bulkhead and Fill Project BY: Bernie Davis Location:156 Ray Davis Rd E Marshallberg, NC Sheet 1 of 2 S ' 188 Feet Date: 3/26/14 iformation displayed by this website is prepared for tlta Inventory of real property food within this jurisdiction and is compiled from recorded deeds, plats, an public records and data. Users of this information are hereby notified that the aforementioned public primary information sources should be consultetl fo ation of the information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does not itee that the data and map services will be available to users wiNout interruption or error. Furthermore, Carteret County may modify or remove map servitors a s methods at will. RMWED MAR 2 7 2014 DCM-MHDCffY m •o 3v A3, w N Existing bulkhead K51 -Lt.I SLEEPY CREEK I� 1E i ✓t Existing bulkhead > L' a w • a k `r 'C- Cross Section of Bulkhead and Fill Vertical Scale 1"=10, Horizontal Scale 1"=30' Existing bulkhead Mossy Lane ..: , MLvJ m 'fl 9 O p RECEPMD MAR 2 7 2014 DCM•MM CrrY Proposed Bulkhead and Fill Project BY: Bernie Davis Location: 156 Ray Davis Rd Marshallberg, NC Scale: 1"=30' Sheet 2 of 2 Date: 3/26/14 (MHW/MLW info provided by Bernie Davis) Plat prepared by Clones ACRE North Carolina Department of Environment and Natural -Resources. Pat McCrory John E. Skvarla, III Governor Secretary June 6, 2014 Bernie Davis 153 Gillikin Drive Marshallberg, N.C. 28553 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. the original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign.both the original and the copy -and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 1 I3-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources. Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please readyour permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards; or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-608-28081 FAX 252-W-33301Internet: www.necoastalmanageinent.net An Equal Opportunity l Affirmative Action Employer jut-ivi u:oorumator: rermu if: MATT .iNf•_TIiCTi)iRTTTTlIN CTTTi TiT u`` DCM Field Offices Elizabeth City / Morehead City t/ Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (with revised work plan drawings) Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) _ Wilmington: Iltie� JZ-~, '-' �;}�'N Cultural Resources: Renee Gledhill -Early or (environmental.review@ncdcr.gov) Public Water Supply: Debra Benoy (WIRO) Joey White (WARD) NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Ken Pace Patti Fowler Tim Walton Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarborough Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARO) LPO: Fax Distribution: Permitee #: l Agent #: DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Bernie Davis County: Carteret LOCATION OF PROJECT: 153 Gillikin Drive, Marshallberg. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3/27/14 FIELD RECOMMENDATION: Attached: No CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Davenport DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes To Be Forwarded: Yes To Be Forwarded: Yes DISTRICT OFFICE: Morehead City FEE REC'D: $400.00 (60/40) END OF NOTICE DATE: 5/18/14 DEED REC'D: Yes APPLICATION ASSIGNED O: ON: C) 75 DAY DEADLINET : (wel I (11 l MAIL OUT DATE: � FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY 150 - DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Dasennimtion Division of Commmdty Assistance ��Z( / • / Land Quality Section Division of Water Quality V Storm Water Management (DWQ) State Property Office 2 Division of Archives R History Division of Environmental Health Division of Highways - 1r Wildlife Resources Communion Local Permit Office Division of Marine Fisheries r` _ Corps of Engineers !, .�I ?O( `Uoxll As" �.� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Govemor L. tit• u4. 7-I. o Z MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: John E. Skvaria, III Secretary Maria Dunn NC Wildlife Resources Commission O\�2p212223�q� Daniel Govoni Zp�4 Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Gam" Bernie Davis �110l6 R� QS✓ Carteret County, 153 Gillikin Drive, Marshallberg. Proposed Project: Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. vThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECMW SIGNED"r� _ DATE APR 2 8 2014 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nocoastalmanagement.net An Equal Opportunity I Affirmative Action Employer n1C"!.N!!?D CITF A�� w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: John E. Skvarla, III Secretary APR 17 2014 BY.• Debra Benoy Public Water Supply Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Bernie Davis Carteret County, 153 Gillikin Drive, Marshallberg. Proposed Project: Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: )0 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. � SIGNED J (�X `J h, DATE I IV�A 400 Commerce Avenue, Morehead City, North Carolina 28557 MAY Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net 6 ?0 rg An Equal Opportunity I Affirmative Action Employer �Ar NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Tim Walton State Property Office Daniel Govoni Major Permits Processing Coordinator John E. Skvarla, III Secretary RECEIVED APR 2 1 2014 DOA STATE PROPERTY OFFICE CAMA/DREDGE & FILL Permit Application Review Bernie Davis Carteret County, 153 Gillikin Drive, Marshallberg. Proposed Project: Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAY 0 2 2014 �t I I bQs ✓This agency has no comment on the proposed project. This agency approves of the project only if the recommenleq arFes are incorporated. See attached. SIGNED This agency objects to the project for reasons described in the attached comments. - 400 Commerce Avenue, Momhead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www,nocoastalmanagement.net An Equal Opportunity I Affirmative Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION. REPORT 1. APPLICANT'S NAME: Bernie Davis 2. LOCATION OF PROJECT SITE: 153 Gillikin Dr., Marshallberg Photo Index - 2000: 53-630 grids (H-7) State Plane Coordinates - X: 278852.15 Y: 37036.046 Longitude: 76°31' 17.83" Latitude: 34°43' 33.81" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit-3/27/14 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 3/27/2014 Application Complete- 3/27/2014 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County dated 12/20/10 Land Classification from LUP — Community (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (D) Intended U rivate (E) Wastewater en V Existing —None Planned - None (F) Type of Structures: Existing — Metal Building, Docks, Bulkhead, Railway Planned — Bulkhead RECENED (G) Estimated Annual Rate of Erosion: N/A MAY 0 2 2014 Source — N/A HABITAT DESCRIPTION: DREDGED FILLED DCM-MHD CITY OTHER (A) Open Water N/A 1,05013P N/A (B) High Ground N/A 216Ft2 N/A (D) Total Area Disturbed: 1,260ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Mr. Bernie Davis is applying to fill in an existing marine railwav basinthat is no louse. use. A proposed bullhead would be placed across ffie mouth of the railway basin. Backfill will be placed behind the bulkhead creating high ground. Field Investigation Report: Mr. Bernie Davis Page 02 9. Narrative Description The Bernie Davis project is located at 156 Ray Davis Rd. in Marshallberg, Carteret Co. This property is located by turning south off of Hwy 70 in Smyrna onto Marshallberg Rd. Take a right onto Polly Hill Rd. in the community of Marshallberg. Ray Davis Rd. is off of Polly Hill Rd. Mr. Davis's property is 1.35ac. in its entirety and has a shoreline length of 192'. Elevation of the track ranges from 0' to 6' above NHW. Presently there is an existing large metal building, a dilapidated marine railway, a bulkhead and three docks on the property. Permits have been historically issued for excavation in the railway area. Water depths in the area of the railway range from 0 to -2'MLW with deeper water in the channel offshore. Residential docks exist on the north and south side of this property. An area of coastal wetlands exists on the peninsula south of the docks. The high ground vegetation consists of various grasses and woody vegetation. The Carteret Co. Land Use Plan classifies this property as Community, with all AEC's classified Conservation. This section of Sleepy Creek is designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SA. The substrate in this area is mostly sand and silt. 10. Project Description: Mr. Bernie Davis is proposing to place earthen fill material in an existing marine railway basin. A 30'. bulkhead would connect the corners of two existing bulkheads across the ,mouth of the basin. The mouth of the basin is 35' waterward of MHW. The proposed 5' high vinyl bulkhead would be installed before any backfilling occurs. Approximately 40yd3 of backfill would be placed behind the proposed bulkhead in a 30'X42' area. This area would be grassed and stabilized after backfilling is complete. 11. Anticipated Impacts: This project would involve the. placement of .1,050ft2 of earthen fill below MHW and 216ft2 of earthen fill above MHW resulting in a 1,0502 loss of shallow bottom habitat. Turbidity should be minimal as the bulkhead would be constructed prior to backfilling. There should be no impacts to shellfish resources. This project would provide for an increase in the grassed buffer area to exist between adjacent impervious areas and the Waters of Sleepy Creek. There would be no Coastal Wetlands affected by this project. Name: Ryan Davenport Date: 4/14/14 Morehead City Malor Permit Fee Schedule Circle One I. Private, non-commercial $250 100% ($250) 0% ($0) development that does not involve the filling or excavation of any wetlands or open water areas $4OO lOO4tt (540O) 0, (�0) nt th at do snot (j'dflloir Ff"c'3mmerClal or01 any s 0anda < y" pwala III. For Development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B C or D below a lies Ilea), f'uva,e, nor �1 $2S0 UIOSo (i75r}r -- - l �d)_-. domnlecciai development, i '�{ f General Water QUalily 371 III(b). Public or $400 100% ($400) 0% ($0) commercial development, i if General Water Quality Certification No. 3490 (See III(d). If General Water I $400 I 60% ($240) I 40% ($160) Quality Certification No. 3490 (See attached) cannot be aoDlied Developinenffhat $o7� Check #_ 1 ID-D, Amount $ `-' Project Namely, & Is CQb RECEM MAY 0 2 2014 DCM-M M CITY Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 March 26, 2014 Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Davenport: Please find enclosed a CAMA major application from Mr. Bernie Davis requesting authorization to bulkhead the mouth and fill a marine railway basin at his property located on Sleepy Creek, at 156 Ray Davis Road, in the community of Marshallberg, Carteret County. Ray Davis Road is located off Polly Hill Road but one can also access the property by going to the end of Gillikin Drive (also off Polly Hill Road) and taking Mossy Lane which will end at a large boat building shed which is located on the property of this permit request. This property is approximately 1.35 acres in size and has several structures located upon it including a residential house that was constructed in the 1930's, several small sheds and an approx. 60' x 80' x 35' high boat building "shed". Boat building has historically been undertaken on the property. Mr. Davis' son constructed the large boat -building shed in the 1990's and started building sports fishing boats but went out of business some years ago. A marine railways on the property has historically provided a means for boats to be launched and hauled but the railway tracts were removed some years ago. The sides of the basin where the railways were located are bulkhead as is the shoreline affronting Sleepy Creek. Three piers have been constructed from this property into Sleepy Creek. Mr. Davis owns the adjoining riparian properties: the lot to the north has a residential structure while the lot to the south is vacant. Mr. Davis is proposing to bulkhead the mouth of the railways basin and to fill in the railways basin. The existing basin is approx. 28' wide by 38' long with an average water depth of approx. -2' mean or normal low water deep. A proposed bulkhead approx. 30' long will tie into adjacent bulkheads. The proposed bulkhead will be installed before any backfilling occurs. It is estimated that approx. 40 cu.yds of upland fill material will be placed below the mean or normal low water line. After the area is filled, a grassed lawn will be established. This project will provide for a greater grassed buffer area to exist between adjacent impervious areas and the waters of Sleepy Creek. MAR 2 7 2014 Sleepy Creek has been designated by the Marine Fisheries Commission as a primary nursery area and is closed to the harvesting of shellfish. If you have any questions or need any additional information, please don't hesitate to contact me. Cor�yours, Charles Jo� JCC, Inc. cc: Bernie Davis Attachments OP RECEIVED MAY022014 t DCM-MAD CITY �RECEI AR27VED2014 DCMMFIDCffy mom HF-1 APPLICATION for Major Development Permit (last revlaed 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT ix 1Pnrnary.9pppcant/Lantlownerinformatron� Business Name Project Name (if applicable) Applicant 1: First Name Bernie MI Last Name Davis Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 153 Gillikin Drive PO Box City Marshallberg State NC ZIP 28553 Country USA Phone No. 252 - 240 - 9610 ext. FAX No. Street Address (if different from above) City Stale ZIP Email ^' x aHr �w F s 'ti s uc,r i� sir v Agelli/ 017CC'dC�01'�/IlfOlttt8ff0l1fd� '. t, __ -iti r� , > " i � + 7 > ' v t Business Name - Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name MI Last Name Charles Jones Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State 298 Bay Drive Smyrna NC ZIP Phone No. 1 Phone No. 2 28579 252 - 729 - 9711 ext. ext, FAX No. Contractor# StreetAddress (if differentfrom above) City State ZIP Email cjonesl9@ec.rr.com <Form continues on back> MAR 2 7 2014 ^ 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 156 Ray Davis Road Subdivision Name City State Zip Marshallberg NC 28553 - Phone No. Lot No.(s) fd many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Sleepy Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Straits e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. 4. Site, Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 192 58,806 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6' ®NHW or ❑NWL e. Vegetation on tract lawn grasses, various shrubs f. Man-made features and uses now on tract house, sheds, building used for boat building RECEM g. Identify and describe the existing land uses adiaoent to the proposed project site. residential dwelling to the north and vacant lot to the south DCMMHDM h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, ff applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes j$No ❑NA National Register listed or eligible properly? <Form continues on next page> MAR 2 7 2014 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagemant.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (it) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. septic tank o. Describe existing drinking water supply source. individual well p. Describe existing storm water management or treatment systems. NA 5 Activities 1 and Impacts yr a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to bulkhead and fill in the former railways basin which was used in a former boat building operation. The area will be grassed and used as a lawn. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A contractor will be selected and they will most likely use water pumps or vibration equipment to install the pilings and associated sheeting. After the wall is installed, filter cloth will be installed and upland fill will be brought into the site and used as backfill for the bulkhead. d. List all development activities you propose. Construct a bulkhead and backfill behind the structure 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? 1,000 ®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 oP! h. Describe location and type of existing and proposed discharges to waters of the state. na I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No DNA If yes, will this discharged water be of the same salinity as the receiving wateR ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ®No DNA If yes, attach a mitigation proposal. <Form continues on back> 0101".1yip y MAR 2 7 2014 252-808-2808 :: 11-888-411COAST :: www.nccoastalmana g&IMMUM Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. AdditionalInformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (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 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 unfamiliarwith the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Mark Finnicon Phone No. 919-622 4959 Address 5816 Norwood Oaks Raleigh, NC 27614 Name Richard Brice Phone No. 919-942-2862 Address 750 Weaver Dairy Road Chapel Hill, NC 27514 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. GP 24415-C Feb. 14, 2000 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) it. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), it necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7, Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _March 26, 2014 dot Name Charles Jones Fnort &role NVIS 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 MAR 2 7 Z014 ❑DCM MP-4 Structures Information RECEIVED DCN(M MC" 252-808-2808 :: 1-888.4RCOAST :. oastalmanagement.net DCM•MO CITY Form CCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ram p Rock Groin Rock (excluding (NLW or Breakwater shoreline NWLI stabilization Length Width (� 2 Avg. Existing Depth NA NA J X � Final Project De Depth p a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be cubic yards. c. (1) 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: 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. () 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 OWL []None (ii) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (i) If yes, where? f. () Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area is affected? P". MAR 2 7 2014 252-808-2808 :: 1-888-4RC®AST :: www.necoastalmanaoement.net revised: 12/26/06 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Lenoth: 30' ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: 38' e. Type of stabilization material Bulkead g. Number of square feet of fill to be placed below water level. Bulkhead backfill approx. 1,064 Riprap Breakwater/Sill_ Other'y t. Source of fill material. � t vl.wokc Upland fill site to be determined by contractor Width: 6" d. Maximum distance waterward of NHW or NWL: 42' f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ®NA (III If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Upland Fill 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Area will be vegeated with grass. c. (i) Will navigational aids be required as a result of the project? d. []Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. March 26, 2014 Date RECB Project Name MAR 2 7 2014 suomergeo aquatic vegetation (sAv), shell bottom (bB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None (ii) Describe the purpose of the fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Most likely hand pumps, vibrating equipement, dump truck (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Bernie Davis A I tN e Applicant Signatu IiECFtGE� MAY 0 2 2014 r DC?J-MHDCPPY 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagennent.net DCM.MHDC]Tr*vised: 12/26/06 NECTGIS %M HOSTING 1 '2 Property of Mark Finnicorn Project Site Berrie Davis Property of Bernie Davis 2 .... :n ....... .......... 4 Parcel Dimensions Lot Number 2 2W . S& 3 properlyof Richard Brice Vicinity Maps of Proposed Bulkhead and Fill Project r. BY: Bernie Davis Location: 156 Ray Davis Rd MarshalIberg, NC E Sheet I of 2 1 88 Feet Date. 3/26/14 a information displayed bythils websits is prepared for the inventory of real property found within this jurisdiction and is compiled farm recorded deeds, plats , at public records and data. users of this information are hereby notified that the aforementioned public primary information sources should be oonsitlfsfor rification of the infdrination contained on this site. Carteret County assumes no legal responsibility' for the information contained an this site. Carteret County does noq uarantee that the data and map services Will be available to users Without interruption or error. Furthermore, Carteret County may modify or remove map services andl cress methods at v011. MAR 2 7 2014 SLEEPY CREEK V, Existing bulkhead V I� �X 'mot Existing bulkhead i1 �� rsi w w _. . Masi" - • - C C; 9C D S N N �L Fat,+ JS n¢J. I � •"1�o�5CD - r `� . FALL r Cross Section of Bulkhead and Fill Vertical Scale 1"= 10' Horizontal Scale 1"=30' Existing bulkhead Mossy Lane RECEIVED a MAY 0 2 2014 t DCM-MIM CITY RECENkD MAR 2 7 2014 Proposed Bulkhead and Fill Project BY: Bernie Davis Location: 156 Ray Davis Rd Marshallberg, NC Scale: 1"=30' Sheet 2 of 2 Date: 3/26/14 (MHW/MLW info provided by Bernie Davis) Plat prepared by Clones 0 ji Prepared by L. Patten Mason, Attorney, Morehead City, NC Parcel No.734614447572 734614448325 NORTH CAROLINA CARTERET COUNTY THIS DEED, Made this Z_:�_ day of June, 1998, by Bernie Thomas Davis of Carteret County, North Carolina, party of the first part, to Bernie Thomas Davis and wife, Wanda Bryant Davis, of P.O. Box 10, Marshallberg, Carteret County, North Carolina 28553, parties of the second part; W I T N E S S E T H That the party of the first part in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consider- ations to him paid by parties of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey to said parties of the second part, their heirs and assigns, a certain tract or parpel of land in Carteret County, North Carolina, and being more particularly described as follows: TRACT 1: Lots 4 and 5 as shown on that map showing lots *as' laid out on the land described in the deed from James C. Davis to Lester G. Murphy and wife, Jane Murphy and James N. Lewis and wife, recorded in Map Book 5, Page 64, Carteret County Registry, TRACT 2: Beginning at a' point in the centerline of a dirt road which point is the southwestern corner of the Gerald Davis 6 BW&_ 'viPAGE EI . RECEIVED MAY 0 2 2014 ;, RECETUED MAR 2 7 2014 N�� ui;i► N9� 0 2 property and running thence along the centerline of said dirt road N. 85-30 W. 156.69 feet to a point which is the Clifton Davis southeast corner; thence N. 3-48 E. 14.9 feet to a concrete monument; thence continuing N. 3-48 E. 95.0 feet to an iron pipe; thence N. BS-07 W. 117.85 feet to the highwatex mark of Sleepy Creek; thence along the highwater mark of Sleepy Creek N. 13-25 E. 57.7 feet to an existing iron pipe under a dock; thence S. 85-24-50 E. 22B.44 feet to an existing- concrete monument; thence S. 85-07 E. 19.1 feet to a concrete monument; thence S. 2-07 E. 168.34 feet to the point or place of beginning. The above described property being all. that property as shown on that survey prepared by C. C. King, Registered Surveyor, dated March 21, 1979, and entitled "Survey for Ray Davis, Marshallberg, Carteret County, N.C.". - TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging, to the said parties of the second part, their heirs and assigns, to their only use and behoof forever. And the said party of the first part for himself and his heirs., executors and administrators, covenants with said parties of the second part, their heirs and assigns, that he is seized of said premises in fee and has the right to convey the same in fee simpie; that the same are free and clear from all encumbrances and that he does hereby forever warrant and will forever defend the said title to the same against the cisims of all persons whomsoever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set his hand and seal, the day and year first above written. [J�4ryg_(SEAL) Bernie Thomas ssDaDa4viis 800K-;52� PABE._LLL_ flt MVED MAR 2 7 2014 MNi-PRHDMY 3 NORTH CAROLINA CARTERET COUNTY _ Notary Public, do hereby 1'"' g 5 ���— appeared eared before me and certify that Bernie Thomas Davis personal l acY.nowledged the due execution of the foregoing instrument. of Witness my hand and notarial seal this the June, 1998. My Commission expires: NORTH CAROLINA XC /moo CARTERET COUNTY �) n1 �� j �'I&ry The foregoing certificate of � '^ Public of Carteret County, North Carolina, is certified to be correct. This instrument was aeco recorded in Bcloc 19 N age this A 7 day of June, 1998, REGISTER OF DEEDS By. Dep Y;1C;UJ"t Mr, s. mrt P. RECORD MAY 0 2 2014 aces-MHDCrrY 7 r MAR 2 7 2014 DCMmmy S�J E NCDENR shellfls APR 1014 North Carolina Department of Environment and Natural our anhatfon s a er 21all y, �o ecreational Pat McCrory John E. S cv Governor Secretary April 15, 2014 MEMORANDUM: TO: Patti Fowler 1tECE1VED Shellfish Sanitation APR 2 9 2014 FROM: Daniel Govoni Major Permits Processing Coordinator DCMMADCrry SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bernie Davis Project Location: Carteret County,153 Gillikin Drive, Marshallberg. Proposed Project: Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A-'�' Q�'ra 1^� DATE WAV 14 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252.247.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM: TO: I111IZI10 SUBJECT: Applicant: Project Location: Proposed Project: John E. Skvada, III Secretary APR 17 201,t Dan Sams Division of Energy, Mineral & Land Resources Daniel Govoni RECEIVED Major Permits Processing Coordinator A" APR 2 3 2014 CAMA/DREDGE & FILL Permit Application Review Bernie Davis DCM-MHD CITV Carteret County,153 Gillikin Drive, Marshallberg. Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. -4 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency ob'ects to the project for reasons described in the attached comments. SIGNED ` DATE 7 4LZ I 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252.247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer E��;�A� North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Carteret County Local Permit Officer Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Bernie Davis Carteret County,153 Gillikin Drive, Marshallberg. John E, Skvarla, III Secretary Proposed Project: Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and baekfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014, If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated, See attached. This agency objects to the project for reasons described in the attached comments, SIGNEDDATE 400 Commerce Avenue, Morehead City, North Carollna 28557 Phone: 252.808.2808 \ FAX 252.247.33301 Internet www.ncoosstalmanagement.nel An Equal Opportunity / Affirmative AcBon Employer 900/1002 VHVC1 xea 9z:6 agm rioz/Ez/vo ©M�w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bernie Davis Project Location: Carteret County,153 Gillikin Drive, Marshallberg. John E. Skvarla, III Secretary Proposed Project: Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. L�This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 APR 2 1 Phone: 252.808.28081 FAX 252-247.33301 Internet: www.ncooastalmanagement.net An Equal Opportunity I Affirmative Action Employer DCM-MHD CITY NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary May 13, 2014 HIS IS NOT DWR Project # 2014-0440 Carteret County Bernie Davis ACAMA /� M A PERM1 153 Gillikin Drive rlil lS-�� „ 'V' Marshallberg, NC 28553 Subject Property: 156 Ray Davis Rd., Marshallberg Approval of 402 Water Quality Certification with Additional Conditions Dear Mr. Davis: You have our approval, in accordance with the attached conditions and those listed below to bulkhead and fill of an existing man-made basin, as described in your CAMA application dated April 15, 2014 and received by the Division of Water Resources (Division) in the Wilmington Regional Office (WiRO) on April 17, 2014. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit (GP) 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 (GP) or CAMA Permit. This approval is for the purpose and design that you described in your application. The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: RECEIVED 127 Cardinal Drive Ext., Wilmington, North Carolina 28405 , Phone: 910-796-72151Internet: www.ncdenr.gov MAY 19 7014 An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper - ilr>\R �rtm rmr k Bernie Davis May 13, 2014 DWR Project # 2014 0440 Page 2 of 4 Amount Approved (Units) Plan Location or Reference Open Waters (shallow bottom) 1,050 sq ft (0.024 ac) Proposed Bulkhead and Fill Project (attached) Coastal wetlands N/A 404/401 wetlands N/A 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions 4. The turbid (muddy) water from behind the new bulkhead may NOT be pumped into the adjacent creek/waters. 5. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains s hall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 6. Any final construction plans for this project must include or reference the application and plans approved by the Division under the authorization letters and certifications. 7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response center at 1.800.424.8802. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. Bernie Davis May 13, 2014 DWR Project # 2014 0440 Page 3 of 4 9. Continuing Compliance: Bernie Davis and his authorized agents and/or contractors shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507 (d). Before modifying the Certification, the Division shall notify Bernie Davis, the US Army Corps of Engineers, and provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for a public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Bernie Davis, in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650 within ten days of project completion (the certification of completion is also available at: http://Portal.ncdenr.org/web/wa/swp/ws/401/certsa nd oe rm its/apply/forms). 11. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is receivr furb L'of Administrative Hearings within five (5) business days following the faxed transmission. MAY 1 A ^'" Bernie Davis May 13, 2014 DWR Project # 2014 0440 Page 4 of 4 The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or via e-mail at iennifer.burdette(ancdenr.eov or Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or via e-mail at Ioanne.steenhuisCancdenr.eov. . Sincerely, Jim Gregson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Attachment Enclosures: GC 3900 Certificate of Completion cc: Ronnie Smith - USACE Wilmington Regulatory Field Office Charles Jones —Jones Coastal Consulting, Inc. Jennifer Burdette - DWR 401 and Buffer Unit Jonathan Howell - DCM Morehead City Ryan Davenport - DCM Morehead City WiRO SLEEPY CREEK k(I a.. I° EAsting bubhead Existing bulkhead eg: xs x _ m ck w N. �1 Cross Section of Bulkhead and Fill Vertical Scale i"= 10, Horizontal Scale 1"=30' IF RECENED MAY 18 2014 E3(istingbuBcbead _ Mossy Lane MAP 2 7 2014 DC -MOCIT Proposed Bulkhead and Fill Project BY: Bernie Davis Location:156 Ray Davis Rd Marshallber& NC Scale: 1"=30' Sheet 2 of 2 Date: 3/26/14 N W/MLW info provided by Bernie Davis) Plat prepared by C.Jones NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 22, 2014 Mr. Bernie Davis 153 Gillikin Drive Marshallberg, NC 28553 Subject: EXEMPTION Stormwater Project No. SW8140411 Davis Basin Fill and Bulkhead Project Carteret County Dear Mr. Davis: John E. Skvarla, III Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on April 17, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796- 7215, or e-mail her at linda.lewis ncdenr.gov. Sincerely, - For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/arl: G:IWQIShared1Stormwater1Permits & Projects: 0141140411 Exemption12014 04 permit 140411 cc: Charles Jones; Jones Coastal Consulting, Inc. Carteret County Building Inspections Doug Huggett, DCM BECENED Wilmington Regional Office Stormwater File MAY 14 2m1 Division of Energy, Mineral, and Land Resources DCM•MHDCITy Land Quality Section - Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-7215 / Fax: (910) 350-2004 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENnON OF: May 20, 2014 Regulatory Division Action ID No. SAW-2014-00708 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Benue Davis to construct a bulkhead and discharge fill material into 1,050 square feet of navigable waters of the United States, adjacent to Sleepy Creek, at 156 Ray Road, in Marshallberg, Carteret County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a. part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 'PXCEIVEA MAY 21 2014 DCMmmcmy A IR 3. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be, construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 4. Except as specified in the plans, attached to. this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this. permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. . 6. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8. The authorized structure and associated activity must not interfere with the public's right -to free navigation on all navigable waters of the United States, No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 10. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. -3- 11. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 12. The permittee shall employ all sedimentation'and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). 13. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 14. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Division, telephone (910) 251-4634. Sincerely, Me Ronnie Smith, Project Manager Wilmington Regulatory Field Office RECEWEA MAY 21 2014 ACM-MHD CTTY -4- Copy Furnished: Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Daniel Govoni JMorehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 e��w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: John E. Skvarla, III Secretary ECEiVE APR 17 2014 BY: Linda Lewis Joanne Steenhuis Division of Water Resources Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Bernie Davis Carteret County, 153 Gillikin Drive, Marshallberg. Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: ,,-' This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 6 (15�0 �C-c DATE t L RECE D 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081FAX 252-247-33301Internet: www.nccoastalmanagement.net MAY 14 70t4 An Equal Opportunity I Affirmative Action Employer DCM MHD CITY CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 15, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Ken Pace NC DOT, State Construction/Materials Branch Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Bernie Davis Carteret County,153 Gillikin Drive, Marshallberg. John E. Skvarla, III Secretary APR : n]4 DiSTRP'„'3' C1P"-R'C;" Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if. the recommended changes are incorporated. See attached. This agency objects to the project for reasons deess/cribed in the attached comments. SIGNED �DATE DECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 MAY 14 2014 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.ncooastalmanagement.net An Equal Opportunity I Affirmative Action Employer 1)CM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Bernie Davis 2. LOCATION OF PROJECT SITE: 153 Gillikin Dr., Marshallberg Photo Index - 2000: 53-630 grids (H-7) State Plane Coordinates - X: 278852.15 Y: 37036.046 Longitude:76°31'17.83" Latitude:34°43'33.81" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit-3/27/14 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 3/27/2014 Application Complete- 3/27/2014 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County dated 12/20/10 Land Classification from LUP — Community (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (no) (D) Intended Use: private (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Structures: Existing — Metal Building, Docks, Bulkhead, Railway Planned — Bullhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A 1,05017t2 N/A (B) High Ground N/A 216Ft2 N/A (D) Total Area Disturbed: 1,260ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Mr. Bernie Davis is applying to fill in an existing marine railway basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the railway basin. Backfill will be placed behind the bulkhead creating high ground. RECETVEA IM MAY 14 2014 DCM•MM CITY I Field Investigation Report: Mr. Bernie Davis Page 02 9. Narrative Description The Bernie Davis project is located at 156 Ray Davis Rd. in Marshallberg, Carteret Co. This property is located by turning south off of Hwy 70 in Smyrna onto Marshallberg Rd. Take a right onto Polly Hill Rd. in the community of Marshallberg. Ray Davis Rd. is off of Polly Hill Rd. Mr. Davis's property is 1.35ac. in its entirety and has a shoreline length of 192'. Elevation of the track ranges from 0' to 6' above NHW. Presently there is an existing large metal building, a dilapidated marine railway, a bulkhead and three docks on the property. Permits have been historically issued for excavation in the railway area. Water depths in the area of the railway range from 0 to -2'MLW with deeper water in the channel offshore. Residential docks exist on the north and south side of this property. An area of coastal wetlands exists on the peninsula south of the docks. The high ground vegetation consists of various grasses and woody vegetation. The Carteret Co. Land Use Plan classifies this property as Community, with all AEC's classed Conservation. This section of Sleepy Creek is designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SA. The substrate in this area is mostly sand and silt. 10. Project Description: Mr. Bernie Davis is proposing to place earthen fill material in an existing marine railway basin. A 30' bulkhead would connect the comers of two existing bulkheads across the mouth of the basin. The mouth of the basin is 35' waterward of MHW. The proposed 5' high vinyl bulkhead would be installed before any backfilling occurs. Approximately 40yd3 of backfill would be placed behind the proposed bulkhead in a 30'X42' area. This area would be grassed and stabilized after backfilling is complete. 11. Anticipated Impacts: This project would involve the.placement of .1,050ftz of earthen fill below MHW and 216ft2 of earthen fill above MHW resulting in a 1,050ft2 loss of shallow bottom habitat. Turbidity should be minimal as the bulkhead would be constructed prior to backfilling. There should be no impacts to shellfish resources. This project would provide for an increase in the grassed buffer area to exist between adjacent impervious areas and the waters of Sleepy Creek. There would be no Coastal Wetlands affected by this project. Name: Ryan Davenport Date: 4/14/14 Morehead City Circle .. I. Private, non-commercial development that does not involve the filling or excavation of any wetlands $250 100% ($250) 0°% ($0) ruvi° u7° iov) development: that does not koldethefllingcr I Otto t fif any v✓ee!antls III. For Development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if nitD/. vuonc or I $400 I 100% ($400) I 0% ($0) commercial development, if General Water Quality Certification No. 3490 (See liiO IP Uuet al lhr ,�:r $4 f" 40", 1C-) t unity Corafication No 300 (See ahach d) could beuipied but D(rnsc ft �. detenrined that adAtiora, ,•^ evfevand t ;ritt r UG'JC.) I l) �i orcuieo e is nF aed b- or come. Is f '1 related .o %vat , cu t� i!. or ,., a' .Iat I fe r1 III(d). If General Water $400 60% ($240) 40% ($160) Quality Certification No. 3490 (See attached) cannot be applied entthat $nry5"` OiIS Si; — "tee'Tot'o Illn andLQr,:,.L Check #_ - � Pa, Amount $ �,`�y�\ Project Name V_ r e� ll1 `� lJ RECEIVED MAY 14 2014 I%CV-16e4D C! y Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 March 26, 2014 Ryan Davenport NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Davenport: Please find enclosed a CAMA major application from Mr. Bernie Davis requesting authorization to bulkhead the mouth and fill a marine railway basin at his property located on Sleepy Creek, at 156 Ray Davis Road, in the community of Marshallberg, Carteret County. Ray Davis Road is located off Polly Hill Road but one can also access the property by going to the end of Gillikin Drive (also off Polly Hill Road) and taking Mossy Lane which will end at a large boat building shed which is located on the property of this permit request. This property is approximately 1.35 acres in size and has several structures located upon it including a residential house that was constructed in the 1930's, several small sheds and an approx. 60' x 80' x 35' high boat building "shed". Boat building has historically been undertaken on the property. Mr. Davis' son constructed the large boat -building shed in the 1990's and started building sports fishing boats but went out of business some years ago. A marine railways on the property has historically provided a means for boats to be launched and hauled but the railway tracts were removed some years ago. The sides of the basin where the railways were located are bulkhead as is the shoreline affronting Sleepy Creek. Three piers have been constructed from this property into Sleepy Creek. Mr. Davis owns the adjoining riparian properties: the lot to the north has a residential structure while the lot to the south is vacant. Mr. Davis is proposing to bulkhead the mouth of the railways basin and to fill in the railways basin. The existing basin is approx. 28' wide by 38' long with an average water depth of approx. -2' mean or normal low water deep. A proposed bulkhead approx. 30' long will tie into adjacent bulkheads. The proposed bulkhead will be installed before any backfilling occurs. It is estimated that approx. 40 cu.yds of upland fill material will be placed below the mean or normal low water line. After the area is filled, a grassed lawn will be established. This project will provide for a greater grassed buffer area to exist between adjacent impervious areas and the waters of Sleepy Creek. mGm MAR 2 7 2014 DM.=WV Sleepy Creek has been designated by the Marine Fisheries Commission as a primary nursery area and is closed to the harvesting of shellfish. If you have any questions or need any additional information, please don't hesitate to contact me. Cordially Charles Jo JCC, Inc. cc: Bernie Davis Attachments pr RECEIVED MAY 14 2014 DC.44•MKDCITy RECEIVED MAR 2 7 2014 DCMMmCrry IBM SIP-1 APPLICATION for Major Development Permit ([not revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1+PrrrnaryApplrcanf/,La"ndownerinformado Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Bernie Davis Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 153 Gillikin Drive Marshallberg NC ZIP Country Count Ph one No. FAX No. 28553 USA 252 - 240 - 9610 ext. Street Address (if different from above) City State ZIP Email 06 ! } n.. �* J•L & p` " f1x '1 L6 �9Q1 tI4V �f ,h �` Yi /{r �I�1I 0_/1//�LtQhaf ; r S15 R F Business Name Jones Coastal Consulting, Inc Agent/ Contractor 1: First Name MI Last Name Charles Jones Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 296 Bay Drive Smyrna NC ZIP Phone No. 1 Phone No. 2 28579 252 - 729 - 9711 ext. ext. FAX No. Contractor# Street Address (if different from above) City State ZIP Email cjonesl 9@ec.rr.com <Form continues on back> MAR 2 7 2014 n 252-808-2808 :: 1-888-4RC®AST :: www.necoastalmonagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3, Project Location County (can be multiple) Street Address State Rd. # Carteret 156 Ray Davis Road Subdivision Name City Stale Zip Marshaliberg NC 28553- Phone No. Lot No.(s) (if many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Sleepy Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Straits e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 192 58,806 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water leveo (Nmany lot sizes, please attach additional page with a list) 6' ®NHWor ❑NWL e. Vegetation on tract lawn grasses, various shrubs f. Man-made features and uses now on tract house, sheds, building used for boat building RECEIVED 5" g. Identify and describe the existing land uses adiacent to the proposed project site. residential dwelling to the north and vacant lot to the south DCM-MAD C)Ty h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? NA (Attach zoning compliance certificate, if applicable) []Yes [:]No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes D(No ❑NA National Register listed or eligible property? <Form continues on next page> MAR 2 7 2014 : 252-808-2808 .. 1-888-4111COAST ,, www.nccoastalmanagement.nfet Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (Ili) 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. septic tank o. Describe existing drinking water supply source. individual well p. Describe existing storm water management or treatment systems. , NA 5 Acfw�t�e`s an lr�Pac>�s` a x ` i ,' . ;�f r e ,` ,u .-.� , ... *4 n ,: c m A . ....I. a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublicfGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to bulkhead and fill in the former railways basin which was used in a former boat building operation. The area will be grassed and used as a lawn. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A contractor will be selected and they will most likely use water pumps or vibration equipment to install the pilings and associated sheeting. After the wall is installed, filter cloth will be installed and upland fill will be brought into the site and used as backfill for the bulkhead. d. List all development activities you propose. Construct a bulkhead and backfill behind the structure 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? 1,000 ®Sq.Ft or ❑Acres , g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the slate. na 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 ❑NA If yes, attach a mitigation proposal. <Form continues on back> MAR 2 7 2014 262-808-2808 :: 1-888.41ltcoAs7 :: vvww.eaccoas4almanaa�eQ�ri� Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (r) 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 unfamiliarwilh the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management_ Name Mark Finnicon Phone No. 919-622-4959 Address 5816 Norwood Oaks - Raleigh, NC 27614 Name Richard Brice Phone No. 919-942-2862 Address 750 Weaver Dairy Road Chapel Hill, NC 27514 Name _ ___—_ PhoneNo. 'Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. GP 24415-C Feb. 14, 2000 It. 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 ownet) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), tt 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. 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 Wthful to the best of my knowledge. �" Date _March 26, 2014 riot Name Charles Jones �r.34 Ll°ttlts Signature Please indicate application attachments pertaining to your proposed project. . R$C>iM W ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Brid s Culverts ❑DCM MP-3 Upland Developments MAR 2 7 2014 ❑DCM MP-4 Structures Information MAY 14 2014 MM MICITY 252.808-2808 .. 1.888-4RCOAST .. www. n cc'da;'11"V aan age meat. net L/ Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Rock (excluding Canal Boat Basin Boat Ramp Rock Groin (NLW or Breakwater shoreline NWL stabilization Length "? /7 Width �2 Avg. Existing h1A�' DNA Depth Final Project NA a €„ DepthR 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 _ OWL ❑None (ii) Describe the purpose of the excavation in these areas: a. Location of disposal area. 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 OWL ❑None (if) Describe the purpose of disposal in these areas: b. Type of material to be excavated. d. High -ground excavation in cubic yards. 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? []Yes ❑No ❑NA (i) If yes, how much water area is affected? Umm MAR 2i2014 252-808-2008 :: 1.888-4RCOA5T :: www.ncconstalmanagament.not revised: 12/26/06 Form DCM MP-2 (Excavation and FUL Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin; use MP-4 = Structures) a. Type of shoreline stabilization: b. Length: 30' ®Bulkhead ❑Riprap ❑Breakwater/Sill []Other: C. Average distance waterward of NHW or NWL: 38' e. Type of stabilization material Bulkead g. Number of square feet of fill to be placed below water level. Bulkhead backfill approx. 1,064 Riprap Breakwater/Sill Othern—.�� i. Source of fill material. `-; lI l-kSC-VC "V Upland fill site to be determined by contractor Width: 6" d. Maximum distance waterward of NHW or NWL: 42' f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No NNA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Upland Fill 4. ` OTHER FILL ACTIVITIES NThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brouqht to the site? ❑Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW)_ If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Area will be vegeated with grass . c. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No NNA (ii) If yes, explain what type and how they will be implemented. March 26, 2014 Date REMM Project Name MAR 27 201A f DCM-MRDCffY 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 fill in these areas: What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Most likely hand pumps, vibrating equipement, dump truck d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes NNo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Bernie Davis A I 1. Na(Ite t_N.�lwl-o �l4 Applicant Signatur WY 14 2014 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmonamement.not revised: 12/26/06 DC.V.-'tf-.'J C:Ty I"IqIECTGIS kVFZ HOSTING Property of Mark Finnicom Property of Bernie Davis Project Site Bernie Davis Property of Bernie Davi 2 . ..... t ..... .........!.� ..... 2 4 Parcel Dimensions Lot Number 3 Property o , f ,:Richard Brice Vicinity Maps of Proposed Bulk head and Fill Project Ty r'x BY: Bernie Davis Location: 1S6 Ray Davis Rd Marshallberg, NC Sheet I of 2 1 :so Feet Date: 3/26/14 alien displayed by this websita is prepared for the inventory of real property und wthin this jurisdiction and is compiled from recorded deeds, plats, an is records and data Users of this information am hereby notified that the aforementioned public primary information sources should be consulted to of the Information contained an this site. Carteret County assumes no legal responsitill the Information contained . d on this site. Carteret Gou to thatthedata and map services will be available to users Without interruption or error. Furthermore, Carteret County may modify or remove map md U-N-Wr"", MAR 2 7 2014 SLEEPY CREEK Vi ML,Ai IX `tea Existing bulkhead Existing bulkhead aQ to �T m G "Q e- $�iS�aJ t;op�'1' Sfl4� ' "4 µ' . FrLL r Cross Section of Bulkhead and Fill Vertical Scale 1"= 10' Horizontal Scale 1"=30' . MLV4- /-• MAJ-1 Existing bulkhead Mossy Lane MUM MAY 142014 DCM-MHD CITY py 0 �a �b �n N MAR 2 7 2014 Fi7yu uly6�-31T11�11`� Proposed Bulkhead and Fill Project BY: Bernie Davis Location: 156 Ray Davis Rd Marshallberg, NC Scale: 1"=30' Sheet 2 of 2 Date: 3/26/14 (MHW/MLW info provided by Bernie Davis) Plat prepared by C.Jones w a NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary April 15, 2014 MEMORANDUM: TO: Maureen Meehan Division of Coastal Management FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Bernie Davis Project Location: Carteret County, 153 Gillikin Drive, Marshallberg. Proposed Project: Proposes to fill an existing marine basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the basin and backfill will be placed behind the bulkhead creating high ground. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 5, 2014. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: 7 This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This a ncy objects to the project for reasasons d�escri ed in the attached comments. SIGNED V DATE / / 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity /Affirmative Action Employer NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor John E. Skvarla, III Secretary MEMORANDUM To: Daniel Govoni, Major Permits Processing Coordinator From: Maureen Meehan, DCM Morehead City District Planner Date: May 14, 2014 Subject: Major Permit request by Bernie Davis, to fill an existing basin and construct a bulkhead, on property located at 153 Gillikin Drive, adjacent to Sleepy Creek, Marshallberg, Carteret County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & not in Conflict with the 2009 Carteret County Land Use Plan certified by the CRC on December 22, 2010. Overview: Areas of Environmental Concern (AEC) impacted by the proposal include Public Trust Area and Estuarine Water. The waters at the project site are classified as SA and are open to the harvesting of shellfish. The area is classified as a primary nursery area. The Carteret County Land Classification Map designates the subject property as Community and AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consisted with state and federal standards, and meet all local policies in this plan. (Policy 2.4 (1.), pg. 71) 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanaoement.net An Equal opportunity 1 Affirmative Action Employer ne NorthCarolina Naturally. Prepared by L. Pji atten Mason, Attorney, Morehead City, NC Parcel No.734614447572 734614448325 NORTH CAROLINA CARTERET COUNTY THIS DEED, Made this 2:3 day of June, 1998, by Bernie Thomas Davis of Carteret County, North Carolina, party of the first part, to Bernie Thomas Davis and wife, Wanda Bryant Davis, of P.O. Box 10, Marshallberg, Carteret County, North Carolina 28553, parties of the second part; W I T N E S S E T H That the party of the first part in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consider- ations to him paid by parties of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey to said parties of the second part, their heirs and assigns, a certain tract or parpel of land in Carteret County, North Carolina, and being more particularly described as follows: TRACT 1: Lots 4 and 5 as shown on that map showing lots gas' laid out on the land described in the deed from James C. Davis to Lester G. Murphy and wife, Jane Murphy and James N. Lewis and wife, recorded in Map Book 5, Page 64, Carteret County Registry. TRACT 2: Beginning at a point in the centerline of a dirt road which point is the southwestern corner of the Gerald Davis /, 1 Boo a` PAGEI1 PIECMW MAR 2 7 2014 [�i y�6uli�ZNYl1`I 0 2 property and running thence along the centerline of said dirt road N. 85-30 W. 156.69 feet to a point which is the Clifton Davis southeast corner; thence N. 3-48 E. 14.9 feet to a ccncrete monument; thence continuing N. 3-48 E. 95.0 feet to an iron pipe; thence. N. 85-07 W. 117.85 feet to the highwater mark of Sleepy Creek; thence along the highwater mark of Sleepy Creek N. 13-25 E. 57.7 feet to an existing iron pipe under a dock; thence S. 85-24-50 E. 228.44 feet to an existing concrete monument; thence S. 85-07 E. 19.1 feet to a concrete monument; thence S. 2-07 E. 168.34 feet to the point or place of beginning. The above described property being all. that property as shown on that survey prepared by C. C. King, Registered Surveyor, dated March 21, 1979, and entitled "Survey for Ray Davis, Marshallberg, Carteret County, N.C.". TO HAVE AND TO HOLD the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging, to the said parties of the second part, their heirs and assigns, to their only use and behoof forever. And the said party of the first part for himself and his heirs, executors and administrators, covenants with said parties of the second part, their heirs and assigns, that he is seized of said premises in fee and has the right to convey the same in fee simple; that the same are free and clear from all encumbrances and that he does hereby forever warrant and will forever defend the said title to the same against the ciaims of all persons whomsoever. IN TESTIMONY WHEREOF, the said party of the first part has hereunto set his hand and seal, the day and year first above written. r.L(SEAL) Bernie Thomas Davis 0171 ♦ . "! RECEIVED MAR 2 7 2014 DCM-MHD CITY 0 3 NORTH CAROLINA CARTERET COUNTY Notary Public, do hereby Chat Bernie Thomas Davis personally appeared before me and certify instrument. acknowledged the due execution of the foregoing Jj g day of witness my hand and notarial seal this the June, 1998, My Commission expires: / 1j NORTH CAROLINA I�� CARTERET COUNTY /L/Ll /i 2i�i 7<'j�ar The foregoing certificate of `��'—�— Public of Carteret County, North Carolina, is certified to be �%Iq, Page L� correct. This instrument was recorded do Bclock/7_•M• this 'V9f d7 day of June, 1998, REGISTER OF DEEDS BY: Dep yJAee3etant BOOKZ�ZL PAGE 2-ql RBCh M MAR 2 7 2014 DCM•M M MY Govoni, Daniel From: Hart, Kevin Sent: Wednesday, May 07, 2014 4:04 PM To: Govoni, Daniel Subject: RE: Davis-marshelburg I have no comment on the project. Kevin From: Govoni, Daniel Sent: Wednesday, May 07, 2014 4:04 PM To: Hart, Kevin Subject: RE: Davis-marshelburg nope Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808-2808 (252) 247-3330 fax daniel. og vonina- ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hart, Kevin Sent: Wednesday, May 07, 2014 4:04 PM To: Govoni, Daniel Subject: RE: Davis-marshelburg This was bulkheading across a manmade basin and backfilling the basin. Were there any other parts to it? Kevin From: Govoni, Daniel Sent: Wednesday, May 07, 2014 3:59 PM To: Hart, Kevin Subject: RE: Davis-marshelburg Bernie Davis, Marshallberg Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252)808-2808 (252) 247-3330 fax daniel.eovoni@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hart, Kevin Sent: Wednesday, May 07, 2014 3:58 PM To: Govoni, Daniel Subject: Davis-marshelburg What was the name of the project? I remember looking at it but can't find the application. Kevin Kevin Hart North Carolina Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 252-948-3950 PLEASE NOTE NEW PHONE NUMBER Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. A NCDENR. North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory John E. Skvarla, III Governor Secretary MEMORANDUM: 6/5/14 TO: DOUG HUGGETT FROM: RYAN DAVENPORT f THRU: ROY BROWNLOW (—d SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- Bernie Davis The following are my comments and recommendations regarding the aforementioned proposal. The proposal is to bulkhead across the mouth of an existing marine railway basin and backfill the basin. Morehead City District Office recommends the project be authorized as proposed with standard conditions provided that the project is consistent with USCoE, NCDMF and NCDWR. Additionally the bulkhead should be installed before any backfilling activities occur. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808.2808 \ FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity\ Affirmative Action Employer ILI Major Permit Fee Schedule Circle One .a 'i•'-. ,kFq""�' +R' 1 - I' t n s r 2 4'!. ""G/ " .'9 .Y y r y Y �i:^ti ia'4.N{:: I. Private, non-commercial $250 100% ($250) 0% ($0) development that does not involve the filling or excavation of any wetlands or open water areas Id)a p' >Zra 4M Mfry 3: oe y 1 Iver�tttiWe Illlhg �i t -M s s8Y i's�. Yt1U a A f i x ' i V a t f t nr �i h,Sts� i 75n t `i` a 1, f Yt✓i+ N ty� e& yy 25fi f, y .�YlCj' fe �,avatwrf°ofarry etlands. .'W�'iaRv^t•+���,rr� "� h+"'t F ;`war i {vw (.Y�` - y yrv{ icy f ti.�' `� X :,� h 2 M t � 3 L v"+t ry'S'��,j�' L 5 �T fi) P .FL YS:9 III. For Development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B,C, or D below applies wn��* �� �� �,w's$�,�'!„as ��er4,7k �%�� ����,,��t�'�" coh{�nerclal4deVelo� 115Ger{�I'QQUG{I��1� 4r^,�xj".�''�"N'j{s�,�, �, T^.�{.Y eit�f��,X.l�R j C.1�4 f�l�W4 p1.`i5r$�.i �)1i ` j/lj''il�.� C7,.,��✓-lP�,6'� F".'i`•$r �.y�'YIS tY�Su `(li�.yµ,4[$5�(a4 $ III(b). Public or $400 100% ($400) 0% ($0) commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied ~ � �altt�Ceiil r o QY k 1. i,,R.V IIAt s cZ UU� 1' S"gJi}i��fissC P R"xil..tt'fi 34, A See a hid could '�t�GNMrsta ki �a.> �'�I,96Y'.s � ixl 1}a tf � �s�`'k„ �� y; �g�`.9�t �Y(l�tT� ir r+ � .i 1. K ,Ijeapplle ,., ,>;^>%ir±.Ar. � r4 Y3�rtyp� Bete Ihed that dd{flooa .n ,�, t s� 'x' r""�� 'Ms'�i`t� ✓:a�' xM1t.3. ��`� 7`� : l4u ��a�ZC�ry�S��. �+ d^�.* 7< w _ r w wan rjenDWQ, dptl,t1(�e c � ede�l !�:� 4iL't„ y ,la x P.4i1 b c2wSe of b c t, r.41 3f c•A4"4.i`J,)h��u,"% �!Y .,{y1 1 Y'A•i♦' 1 fkA '�:a� } g�v Wl"/ ) {T !'nF"yWM I' .� IL 1 ry i R• 4w moo lll(d). If General Water $400 60% ($240) 40% ($160) Quality Certification No. 3490 (See attached) cannot be applied FiG�"be�ePo" men t a� �°�� ��'�roJueshe,�)hnnd/oF tom"*^r�� ��r,�t"»-� �,;, �m,�o r, ,� �a � �" o ! "' � ,h•_ e cava on�or r fh"an n of t� Av sr mr t ykt eicf o->M3�v7K'i t {o w y.+r'Ni,i� /y $�,tai� ,r=�`i? Check # L ` ZI_ Amount $ EQO Project Name U. &0 r ,�) DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION.REPORT 1. APPLICANT'S NAME: Bernie Davis 2. LOCATION OF PROJECT SITE: 153 Gillikin Dr., Marshallberg Photo Index - 2000: 53-630 grids (H-7) State Plane Coordinates - X: 278852.15 Y: 37036.046 Longitude:76°31'17.83" Latitude:34°43'33.81" INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—3/27/14 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 3/27/2014 Application Complete- 3/27/2014 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County dated 12/20/10 Land Classification from LUP — Community (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (no) (D) Intended Use: private (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Structures: Existing — Metal Building, Docks, Bulkhead, Railway Planned — Bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A 1,05017t2 N/A (B) High Ground N/A 216Ft2 N/A (D) Total Area Disturbed: 1,260ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes 8. PROJECT SUMMARY: Mr. Bernie Davis is applying to fill in an existing marine railway basin that is no longer in use. A proposed bulkhead would be placed across the mouth of the railway basin. Backfill will be placed behind the bulkhead creating high ground. Field Investigation Report: Mr. Bernie Davis Page 02 9. Narrative Description The Bernie Davis project is located at 156 Ray Davis Rd. in Marshallberg, Carteret Co. This property is located by turning south off of Hwy 70 in Smyrna onto Marshallberg Rd. Take a right onto Polly Hill Rd. in the community of Marshallberg. Ray Davis Rd. is off of Polly Hill Rd. Mr. Davis's property is 1.35ac. in its entirety and has a shoreline length of 192'. Elevation of the track ranges from 0' to 6' above NHW. Presently there is an existing large metal building, a dilapidated marine railway, a bulkhead and three docks on the property. Permits have been historically issued for excavation in the railway area. Water depths in the area of the railway range from 0 to -2'MLW with deeper water in the channel offshore. Residential docks exist on the north and south side of this property. An area of coastal wetlands exists on the peninsula south of the docks. The high ground vegetation consists of various grasses and woody vegetation. The Carteret Co. Land Use Plan classifies this property as Community, with all AEC's classified Conservation. This section of Sleepy Creek is designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SA. The substrate in this area is mostly sand and silt. 10. Proiect Description: Mr. Bernie Davis is proposing to place earthen fill material in an existing marine railway basin. A 30' bulkhead would connect the comers of two existing bulkheads across the mouth of the basin. The mouth of the basin is 35' waterward of MHW. The proposed 5' high vinyl bulkhead would be installed before any backfilling occurs. Approximately 40yd3 of backfill would be placed behind the proposed bulkhead in a 30'X42' area. This area would be grassed and stabilized after backfilling is complete. 11. Anticipated Impacts: This project would involve the -placement of 1,050ftz of earthen fill below MHW and 216ft2of earthen fill above MHW resulting in a 1,050ft2 loss of shallow bottom habitat. Turbidity should be minimal as the bulkhead would be constructed prior to backfilling. There should be no impacts to shellfish resources. This project would provide for an increase in the grassed buffer area to exist between adjacent impervious areas and the waters of Sleepy Creek. There would be no Coastal Wetlands affected by this project. Name: Ryan Davenport Date: 4/14/14 Morehead City NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director Mr. Bernie Davis 153 Gillikin Dr. Marshallberg, NC 28553 Dear Mr. Davis: Natural Resources John E. Skvarla, III Secretary 4/15/14 .The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at 153 Gillikin Dr. in Marshallberg. The complete package was received on 3/27/14. The projected deadline for making a decision is 6/9114. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 3/27/14, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sip/�erely, L/Jtyan Davenport Coastal Management Representative Enclosure cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator Mr. Charles Jones 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808.2808 \ FAX: 252-247.3330 Internet: www.nccoastalmanagement.net An Equal oppoaunlry\ Affirmative Action Employer 04 �� NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director Carteret News Times PO Box 1679 Morehead City, NC 28557 Re: Public Notice — Bernie Davis Dear Sir: Natural Resources Please publish the attached Notice in the 4/18/14 issue of the Carteret News Times. John E. Skvarla, III Secretary April 15, 2014 The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Since ely, J. an Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 Phone: 252-808-2808 \ FAX: 252-2473330 Internet: www.ncxwastalmanagement.net An Equal Opponuni y 1 Alfnnative Action Employer NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 3/27/14. According to the application, Bernie Davis applied to fill in an existing marine railway and bulkhead across the mouth at 153 Gillikin Dr. in Marshallberg, Carteret County. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 5/8/14, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 4/18/14 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247.3330 Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer IM Fax Send Report Date/Time : APR-15-2014 08:47AM TUE Fax Number Fax Name : DCM MHDCTY Model Name SCX-5x30 Series No. Name/Number StartTime Time Mode Page Result 185 97262653 04-15 08:46AM 00'37 ECM 002 O.K U.S. Postal Service,, CERTIFIED MAILT., RECEIPT Coverage Provided) (Domestic Mail only; No insurance .� information visit our --'e at `usps.ccom.: For delivery 9 Er" ra Postage ru C•reged Fee rtl O Remm Racelpt Fee O (Endorsement Requlred) O R,,trkied Delivery Fee O (Endorsement Required) M Rd Total Postage & Fees M CO 0 3Geei, A'viNai ry o. Po ee. Postal Service CERTIFIED MAIL... RECEIPT - .. S FICIAL USE rR 8 rrq N postage I � � CeNlled Fee Potbrlvk Z 0 Re orsemmnt F t7 (Endqu" t (n Z C3 ' () Restdcled Delvery Fee � w 0 (ErMoreemenl Required) V ITI ru Total Postage & Fees $ m an do t �. p nuliee4% . _............ �t RECERM MAR 2 7 2014 DCM•Mmcrry N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 3- 2-s — 1 `i_ Name of Property Owner Applying for Permit: �r�JIC �i4vIS Mailing Address: ,0,4Re'W6rc /Jc� 24� I certify that I have authorized (agent){ Ne5 to act on my behalf, for the purpose of applying for andobtaining all CAMA Permits necessary to install or construct (activity) a DXI &f-� ANcQ baci�i I I at (my property located at) 16L This certification is valid thru (date) JiA�V Property Owner Signature Date MAR 2 7 2014 DW-M arr ■ complete items 1, 2 and 3. Also complete item 4.If Restricted Delivery Is desired: ■- Print your name and.address on the reverse - Agent - 13 Addressee ' so.that we can returnthe card to yow :. ■ Attach this card to the back of the maRpiece, -orpn.the frontal space permits: 1. �Ardcle Addressed to: - R. RecelVe Pd d N e) C. Dote of D Ne �(yr, r��t�@) I , D: Is deliveryaddress dilierent from Item 17 L3Yes . . If YES, order delivery address bebw, . 3. Service Type - ` It ❑ Certified Mail ❑ Exp(ess Men b Return RecelptforMerchandise 13 egureds� O mi .0 Return ..- 4. Restricted Dellveryt Pdra Fee)- - .. Yes 2. Article Number: -. 7008 3230 0002 2191 4781 - (lianrlerfrom service labep Ps Form 3811, February 2004 Domesto Return Receipt 102595ffi-M-7saoSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Rem 4 it tiestrictea uelNery is desired. X K9em • ■ Print( your name: and address on the reverse —�0 Addressee so that we can return thB card to you:. B. Received by.(Printed Name) : C. Date of Delivery . . ■ Attach this card to the back of the malipiece, . n - or on the front if space permits. ' 1. Article Addressed to: - D. Is de1Neiy eddies dilfererdfmm RemiT�. O Yes MI Senter delivery address below:. ❑No M. U t 5 dtil� Oaks ``•, ,' OC, 3. service7yps , f O Certified Mail O aq, fees Mail Z'1le Q Registered „❑ Return Receipt for Merchandise . 0 Insured Mall 0 C.O.D. - - ... 4. Restricted Delivery?(Fxca.Pep) . - .p'Yes.-. -.. 2 Article Number (irs—'erfiamselvlcelebep„ 7008 3230 0002 2191 4798 `:.PS Form 3811, February 2004 - Domestic Return Receipt ioasssoz-M-teao j 'This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Bernie Davis 4115114 Project Site County., Carteret Staff., JRD District: ❑Elizabeth City ❑ Washington ®Morehead City El Wilmington Project Name: Bernie Davis Rover File: N/A Date of initial application submittal (EX. 1/8/2007): 3127114 Date application "received as complete" in the Field office (EX. 1/812007): 3127114 Permit Authorization: ®CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ®Yes ❑No Photos Taken: Yes® No❑ Setback Required (riparian): ❑Yes ®No Critical Habitat: El Yes ®No ❑Not Sure 15 foot waiver obtained: El Yes ®No Hazard Notification Returned. El Yes ®No SAV.•❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑Not Sure Temporary Imp acts: ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from countyLUP:®Yes ❑No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ❑Yes ❑No ❑NA Environmental Assessment Done: El Yes ®No❑NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Sawgrass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ® III(A) Private w/ D&F up to 1 acre; 3490 ❑ M(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IVAny development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ Ill(B) Public or commercial w/ D&F to 1 ❑ 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 till - $250 ® III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 02115/10 MC Division of Coastal Mgt. Application Cofnpeater ShOet, Page 2 of 3) Applicant: Town of Morehead City Date: 2120113 Describe below the ACTIVITIES that have been applied for. Ali values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Fill below mhw, I New Work® Maint❑ Replace ❑ Y ® N 30' 35' Fill above mhw 1 New Work® Maint ❑ Replace ❑ Y ® N 30' %' New Work El Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint❑ Replace ❑Y❑N New Work ❑ Maint El Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint[-] Replace ❑ Y ❑ N New Work Maint❑ Replace ❑Y❑N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint❑ Replace ❑Y❑N New Work Maint [I Replace ❑Y❑N New Work El Maint ❑ Replace ❑ Y ❑ N revised 02/15/10 HC Division of Coastal Mgt. Application Computer Sheet, Pago 3 of 3) Applicant: Town of Morehead City Otis Landing Date: 2120113 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 1050sq it 1050sq it High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 216sq It 216sq R Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 c 1-888-4RCOAST :: www.nccoastaimangnement.net revised: 02115/10 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00708 County: Carteret CAMA Permit #: 50-14 GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Bernie Davis 153 Gillikin Drive Marshallberz, North Carolina 28553 Telephone Number: Size (acres) 135 Nearest Town Marshallbere Nearest Waterway Sleeov Creek River Basin Neuse USGS HUC 03020106 Coordinates Latitude: 34_71 Location description: The project area is located at 156 Ray Road, adjacent to Sleep v Creek. in Marshallb Carteret County. North Carolina. Description of projects area and activity: This verification authorizes the discharge of Till material into 1,050 square feet of waters for the construction of a bulkhead. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291 SEE ATTACHED RGP or AVP GENERAL and REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted CAMA application and information dated March 26, 2014. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terns and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-4829 or by email at ronnie.d.sm ithQusace.a rmv. mil Corps Regulatory Official: Ronnie Smith Date: June 11, 2014 Expiration Date of Verification: December 31, 2016 RECEIVED JUN 12 2014 ACM-MHDCITP SAW-2014-00708 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (C WA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: This water body exhibits a mean high water mark as indicated by physical markings and the absence of vegetation in the channel. This water body is subject to the ebb and Bow of the tide and is a navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address- RECEIVED US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 JUN 12 20t4 DC'1 M1IDC!TY In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of 2 SAW-2014-00708 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by August 11,2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Ronnie Smith Date of JD: June 11, 2014 Expiration Date of JD: June 11, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://regulatory.usacesurvey.com/. Enclosures: GP 291 Conditions CAMA Permit Copy Furnished with Enclosures: Mr. Charles Jones Jones Coastal Consulting, Inc. Smyrna, North Carolina 28579 Copy Furnished without Enclosures: Mr. Daniel Govoni North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Ryan Davenport North Carolina Department of Environment and Natural Resources Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED Ms. Joanne Steenhuis North Carolina Department of JUN 12 20t4 DCMMEDCrry SAW-2014-06709 Environment and Natural Resources Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 RECEIVED (JUN 12 11 DCU-Mn CITY