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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
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`tea Existing bulkhead
Existing bulkhead
aQ
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Cross Section of Bulkhead and Fill
Vertical Scale 1"= 10'
Horizontal Scale 1"=30'
. MLV4-
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Existing bulkhead
Mossy Lane
MUM
MAY 142014
DCM-MHD CITY
py 0
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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
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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
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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
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D: Is deliveryaddress dilierent from Item 17 L3Yes . .
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3. Service Type - `
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4. Restricted Dellveryt Pdra Fee)- - .. Yes
2. Article Number: -. 7008 3230
0002 2191 4781
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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.
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• ■ 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,
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' 1. Article Addressed to: -
D. Is de1Neiy eddies dilfererdfmm RemiT�. O Yes
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2 Article Number
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0002 2191 4798
`:.PS Form 3811, February 2004 - Domestic Return Receipt ioasssoz-M-teao
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'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