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HomeMy WebLinkAbout133-22 419 Development LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'VPrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to 419 Development LLC., 405 Ramblewood Dr., Raleigh, NC 27609 Permit Number 133-22 Authorizing development in Carteret County at adj. to Bogue Sound, at 419 Hwy 24, in as requested in the permittee's application dated 9/7/22, including attached workplan drawings (5), Sheets 1-5 of 5 all dated "Rev 12/2/22". This permit, issued on December 13, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation tr mese terms may De subject to lines, imprisonment or ctvti action; or may cause the permit to oe nuu ana vota. Docking Facility 1) This permit authorizes only the high ground deck, pier, finger piers, platforms, lifts and tie pilings, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible . on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit, expires on December 13, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of.DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 419 Development LLC. ADDITIONAL CONDITIONS Permit No. 133-22 Page 2 of 3 3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of four (4) formalized boat slips. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the eastern adjacent property owner's area of riparian access. 7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. 8) The roof of the covered platform shall not be designed for second story use. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 10) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 11) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 12) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. Sedimentation and Erosion Control 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. USACE Conditions 15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.p-ov/raleis!h/t)dfs/ManateeGuidelines20l7.pdf. 419 Development LLC. ADDITIONAL CONDITIONS General Permit No. 133-22 Page 3 of 3 16) 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. 17) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 18) The pemtittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: In order to satisfy concerns of the Town of Morehead City, the existing docking facility must be demolished prior to the construction of the newly authorized docking facility. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations from the Town of Morehead City. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-00098). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual Water Quality Certification No. 005388 and assigned the project DWR Project No. 2022-1308. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New _VMajor Mod _.__ Permit# Minor Mod Permit Coordinator&dm�/ -_ Field Representative: -- O— L._ . Renewal Transfer _ _ Date Time Message `G Jq\ � as W� cVM*U&\-U aL ®l lVllz bMP 10""t- -k , kt�W`h4- iv u(7`I/ r ZL ✓,q lwG(�( DCM Coordinator: &,., k Permit #• — MAILING DISTRIBUTION SHEET DCM Field Offices 4- Elizabeth City Washington (with revised work plan drawings) Morehead CityWilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Berne, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov ! Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Hams Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines State Property: Tim Walton / Mike Moser 7( CF DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Robert Tankard — 401 Glenn Stewart - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquiman, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: Req�� p (NCDOT) Travis Wilson Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, November 21, 2022 10:19 AM To: Joshua Johnson Cc: Styron, Heather M. Subject: 419 Development LLC extension Morning Josh, Please accept this email as notification that the project has been extended. The 150 day is 2/4/23. USACE, DWR, WRC and DMF comments already provided are still outstanding. Thanks for the clarification on the similar pier line determination. Gregg Gregg Bodnar (he/him/his) Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg. Bod nar@ ncden r.gov HE� . Find a Field Rep ❑ NOH�11 ni9ouN D E Q'; Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ON MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name 419 DEVELOPMENT LLC Project Name (if applicable) JENNINGS Applicant 1: First Name KEVIN MI Last Name JENNINGS Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 405 RAMBLEWOOD DRIVE PO BOX City RALEIGH State NC ZIP 27609 Country CARTERET Phone 919 No. - 696 - 4820 ext. FAX No. - - Street Address (if different from above) 419 HIGHWAY 24 City MOREHEAD CITY State NC ZIP 28557 - Email 2. Agent/Contractor Information Business Name STROUD ENGINEERING, P.A. Agent/ Contractor 1: First Name MI Last Name JOSH JOHNSON Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 422 HIGHWAY 24 MOREHEAD CITY NC ZIP Phone No. 1 Phone No. 2 28557 252 - 247 - 7479 ext. 226 252 - 725 - 7877 ext. FAX No. Contractor # 252-247-4098 Street Address (if different from above) City State ZIP Email JOOHNSON@STROUDENGINEER.COM R EC E I V 0 <Form continues on back> SEP 0 7 2022 DCM-MHD CITY 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. 8 CARTERET 419 HIGHWAY 24 Subdivision Name City State Zip NIA MOREHEAD CITY NC 28557 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 725 - 7877 ext. I I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WHITE OAK BOGUE SOUND 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 ROGUE SOUND e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. MOREHEAD CITY 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 251.33 489,286.519 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) ®NHW or ❑NWL (12') e. Vegetation on tract HEAVY WOODED WITH A SMALL STRIP OF COASTAL WETLANDS ALONG THE SHORELINE. SAV IS PRESENT. I. Man-made features and uses now on tract SINGLE FAMILY DWELLING; SHED; PAVING; BULKHEAD; PIER, DECKING g. Identify and describe the existing land uses adiacent to the proposed project site. TO THE WEST THERE IS A VACANT 11+ ACRE TRACT OF LAND TO THE EAST THERE IS A RESIDENTIAL SUBDIVISION (BAY COLONY) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 RESIDENTIAL (Attach zoning compliance certificate, if 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 it involve a ❑Yes $]No ❑NA National Register listed or eligible property? ? EC E I V E <Form continues on next page> SEP 07 2022 DCM-MHD CITY 252-808.2808 .. 1-888.4h(;Uwsl .. www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yea ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? OYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. SEPTIC - CONVENTIONAL o. Describe existing drinking water supply source. WELL p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government PRIVATE RESIDENCE ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. MR. JENNINGS IS SEEKING TO INSTALL A DOCK EXTENDING 553' FROM THE NHW LINE. THE DOCK WILL BE FOR PRIVATE RECREATIONAL USE 8 IS AN AMENITY TO HIS RESIDENCE.IS THE CONTRACTOR FOR THE PROJECT 8 WILL CONDUCT THE CONSTRUCTION OF THE DOCK. THE DOCK IS TO HAVE 4 FINGER PIERS, 2 BOATLIFTS, 1 JET SKI LIFT, 1 15X30 PLATFORM, 1 18X32 COVERED PLATFORM, AND A 2X5 FISH STATION. 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. PILES WILL BE DRIVEN BY A VIBRATORY EXCAVATOR ATTACHMENT ON A SMALL BARGE THAT WILL BE MOORED IN FRONT OF THE SITE. d. List all development activities you propose. DEVELOPMENT ENCOMPASSED UNDER THIS PERMIT WILL BE CONSTRUCTION OF THE DOCK FACILITY TO SERVE THE RESIDENCE CURRENTLY ON THE PROPERTY. e. Are the proposed activities maintenance of an existing project, new work, or both? NEW WORK I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres N/A 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. N/A I. Will wastewater or stormwater 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. RECEIVE <Form continues on back> SEP 07 2022 DCM-MHD CITY 252.808-2808 :: 1-888-4RCUASr .: www.nccoastaimanagement.net 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, It applicable, must be submitted in order for the application package lobe complete. hems (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name SAMUEL A. MCCONKEY REV. TRUST Phone No. PO Address BOX 29522 RALEIGH. NC 27626 Name BAY COLONY COMMUNITY SER INC. Phone No. Address PO BOX 2366 MOREHEAD CITY, NC 28557 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. 88684C -419 DEVELOPMENT LLC C/O KEVIN JENNINGS - 08/30/2 45795C--ANN HII 14-All 9/06 (MQnIFIFD 07M7106) h. Signed consultant or agent authorization form, If applicable. 1. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that 1 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 1/�/Z t Print Name GU gcw'tilln"f"7S Signature Please indicate application attachments pertaining to your ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ®DCM MP4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED SEP 07 2022 DCM-MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes []No (ii) Number 1 If yes: (iii) Length 553' (ii) Number 4 (iv) Width 6' (iii) Length 35 (v) Floating ❑Yes ®No (iv) Width 3 (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes []No f. (1) Are Boatlifts included? ®Yes []No If yes: If yes: (ii) Number 3 (ii) Number 4 (iii) Length 15 18 5 (iii) Length 14 14 15 6 (iv) Width 30 32 2 (iv) Width 14 14 16 3 (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed In. Check all the types of services to be provided. 5 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips) only, number of slips: 5 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: k. Typical boat length: 25 m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of he pilings? 2 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). CENTER CONSOLE / JET SKI I. (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED SEP 07 2022 DCM-MHD CITY 252-808-2808:: 1-asa-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. III) Give the location and number of °Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No SEP 0 7 2022 DCM-MHD CI 252-808-2808:: 1-888-4RCOAST:: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 96 ®SAV 2502 ❑SB ❑WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubiictGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) �?FCEIVED SEP 07 2022 252-808-2808 n 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15' AND 160' 15V AND 450' Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body APPROX. 8.000' (1.5 MILES) e. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 2.2' B. OTHER ®This section not applicable a. Give complete description: Date JENNINGS Project Name JOSHUA L. JOHASON,,PE App' t Appl' nt Si at.. RECEIVED SEP 0 7 2022 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.necoastaimananement.net revised: 12/27/06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: 419 Development LLC COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT: 419 Hwy 24, Morehead City DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-7-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Connell DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Heather Styron B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $2SO Click or rap here to enter test. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 9-28-22 END OF NOTICE DATE: Click or tap to enter a date. ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 11-21-22 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 9-21-22 STATE DUE DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 4 ZI II : tl k4er 16- Sir; ler wSG DCM - LUP Consistency Determination l01g( 2S%f Local Permit Officer l L(` Z Z ' Corps of Engineers- Regulatory Branch {LISILL Z9/ 7,vZZ-ebb Pj DWR-401 Section `Z 9�vr Gb5388 Zo7,z-t3ot3 DWR-Public Water Supply DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office In IZ�Zt ye Wildlife Resources CommissionIL� 1� bL Od [rrly DMF-Shellfish Section t015'(V le DMF - Habitat & Enhancement t t l(i X tZ Si �i 11 (pµfµYpt L DNCR - Archives & History Q 30 L2 >< DNCR -Natural Heritage Program NCDOT NC Dept of Commerce q tiL ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director DATE: TO: THRU: FROM: September 21, 2022 Gregg Bodnar Heather Styron Brad Connell NORTH CAROLINA Environmental Quality MEMORANDUM SUBJECT: Comments and Recommendations - CAMA Major Permit 419 Development LLC, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal would impact 41,952 square feet of Public Trust Area. The proposal is not adjacent to a Federal Channel. These waters of Bogue Sound are open to shellfish harvest. This waterbody is not a Primary Nursery Area. There is Halodule wrightii present within the project area: This proposal would impact this shallow bottom critical SAV habitat. The proposed docking facility would be approximately 53' longer (as measured from the edge of the Coastal Wetlands) than the longest nearby residential docking facilities along this same shoreline. Therefore, this proposal is in conflict with 15A NCAC 07H .0208(b)(6)(G)(i) which states that "docking facility length shall be limited by not extending beyond the established docking facility length along the same shoreline for similar use." However, the proposed docking facility does not appear to pose a hazard to navigation within Bogue Sound as the ICW Federal Channel setback is greater than 500' south of its waterward terminus. CC: Heather Styron, DCM � w&' a�`mtmmunwa�.wr� North Carolina Department of Environmental Quality 1 Division of Coastal Management Morehead City Office 1 400 Commerce Avenue 1 Moorehead City, North Carolina 28557 252.515.5400 From: Hair Sarah E QV USARMY CESAW (USA) To: Bodnar, Greaa; Snider. Holley Subject: [External] Carteret project updates Date: Tuesday, October 11, 2022 2:50:29 PM CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment toBgport pan Hi, Just wanted to touch base and let you know that the following projects will be processed as GP291s: O'Connor: SAW-2022-02179 Hanson: SAW-2022-02209 McLaughlin: SAW-2022-02208 419 Development: SAW-2022-00098 The MHC Northern barge fleeting area expansion also has not gone out on federal agency notice yet, and will require consultation with NMFS PRD-I have discussed w/ Todd W. and he is aware. Holley: John issued 401 for the project on 9/20/2022, so you don't have to worry about it. Not sure about how I'm going to process this one: Biggs: SAW-2022-02193 (basin fill -I didn t really understand the purpose of the project. The app just said fill). If there are others hanging out there, please let me know. Liz Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Work Cell: 910-512-4456 ROY COOPER Dmmrnor ELIZABETH S.;BISER Sawary BRAXTON DAVIS Dlrr m September 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-5155416 (Courier 11-12-09) areaa.bodnar a0NCDENR.gov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greats Bodnar at the address above by October 19; 2022: If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested - REPLY: This agency has no objection to the project as proposed - "Additional comments may be attached" X 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. PRINT;NAME Lee Padrick AGENCY NC Commerce SIGNATURE G DATE 9-26-22 E ECEI "VIE D SEP 2 7 2022 MP SECTION MHD North CatoBrm Depa ent ofEnvtrmnentalQuAry l DlvlsfonofCoastWM=ge=nt Morchead0tyorBce 14ODCorron=eAwnw t Mnnrchcad Gty:Nort9Caroffna2WST 252BD82908 ROY COOPER Governor ELIZABETH;$'BISER Secretary BRAXTON DAVIS Director September 21, 2022 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) greaa.bodnar(d)NCDENR.gov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by OCt_ober;l9, 2022: If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT -NAME Mark Brown AGENCY Public Water SIGNATURE fk4..k &,.,,a, DATE 9/22122 North Carolina;DeparmentafEnvironmental Quality I'DivisionofCoastal Management Morehead,Clty Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2608 Received:9/27/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 MEMORANDUM. NORTH CAROLINA Environmental Quality ER 22-2353 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) aregg.bodnar aaNCDENR.gov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Due: 10/05/2022 9/29/2022 no comment —SBA Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by ;OCtobel 19, 202X If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. _ This agency has no objection to the project as proposed. `*Additional comments may be attached" X 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. PRIWT NAME Renee Gledhill -Earley AGENCY NC Historic Preservation Office DATE 9/30/2022 L"m'E9 i-I'V D S E P 3 0 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 o�maE�,w.�uw.in� 252.8082808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bod nar(a) NCDEN R.gov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greg Bodnar at the address above by October 19, 2022, If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME Rachel Love-Adrick AGENCY DCM SIGNATURE MW DATE 10/5/2022 IEEIVED OCT 5 2022 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 �muni�w.imwm� 252808.2808 ROY COOPER Governor ELIZABETH S. BISER secremry BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality MEMORANDUM UVE TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management OCT 5 2022 FROM: Rachel Love-Adrick, District Planner _ Division of Coastal Managementlelk POP SECTION MHD SUBJECT: Major Permit Request by 419 Development LLC DATE: October 5, 2022 Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead City Land Use Plan certified by the CRC on September 28, 2007. Please note that in coastal wetlands "only uses which are permitted by 15A NCAC 7H will be allowed" per plan Policy 2, pg. 94. Overview: The proposal is located adjacentto 419 Hwy 24 within Bogue Sound in Morehead City, Carteret County. Existing development includes a residence, shoreline stabilization, pier, and platform. The elevation of the high ground on the property is approximately 12' above the normal high water level. Vegetation on the property mainly consists of pine forest, lawn grasses, and Coastal Wetlands. There is approximately 251' of shoreline on this 11-acre tract. The applicant is proposing to remove the existing pier and platform and replace it with a 5-slip docking facility. Proposed Construction (Field Report, 9/21/2022): The applicant is proposing to remove the existing pier and platform as a part of this project. The applicant is proposing to construct a deck, a fixed pier, covered platform, four finger piers, four boatlifts, and a wet slip defined by two outer tie pilings. The proposed deck would be 15' by 20' on the high ground, approximately 35' from the normal high water level of Bogue Sound. The proposed pierwould originate from the south side of the proposed deck and would be 6' wide and 552' long beginning at the high ground on the property and traversing the Coastal Wetlands into Bogue Sound. This proposed pier access would have a north -south orientation. At approximately 480 waterward of the waterward edge of the Coastal Wetlands, the applicant is proposing an 18' by 32' covered platform. As the proposed pier continues through the covered platform, it would terminate at a 15' by 30' fixed platform. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue 1 Moorehead City, North Carolina 28557 252.8082808 y north of the proposed fixed platform, the applicant is proposing five boat slips. Four of the )at slips would be supported by four 3' by 35' finger piers. Three of these four boat slips would onal four -piling boat lifts, and the fourth slip would be a wet slip with two outertie pilings. The >ed boat slip would be a single piling PWC lift on the east side of the main pier access, ely 40' south of the proposed covered platform. The water depth within the proposed boat nge from -1.6' to -2.3' nlw ivironmental Concern (AEC) in the project area include Estuarine Waters (EW), Coastal .W) and Public Trust Areas (PTA). This area of Bogue Sound is classified as SA/HQW, is not a seryArea, and is open to shellfish ing. There are approximately Coastal Wetlands present, the acies was not identified in the field report. Submerged aquatic vegetation (SAV), Halodule iesent within the project area. impacts: This proposal appears to extend beyond the established docking facility lengths area of Bogue Sound, with the longest nearby docking facilities at 125-127 Camp Morehead Jing approximately 500' waterward as measured from the edge of Coastal Wetlands out into d. This proposal would have shading impacts over the shallow bottom Submerged Aquatic (SAV) habitat within this area of Bogue Sound. al would' �"e 300 square feet of high ground, 210 square feet of Coastal Wetlands, and usurp ire fern Trust Area. Traditional marine construction methodology would be utilized cor' oroject. Turbidity impacts are not anticipated during the construction t'/ 1�1"aterbody is not classified as a Primary Nursery Area. 'v the Town of Morehead City and is subject to the 2007 Town ',The Future Land Use Map (FLUM) designates the site as �\/Open Space" (due to the sites location in Coastal -I law regarding land use and \•recreation areas. VISA NCAC 7H ROYCOOPER Governor ELIZABETH S."BISER Secretary BRAXTON"DAVIS Director September 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: _252-515.5415 (Couijer 11-12+p9) aregd. tiddna rCa�NCD EN R:aov SUBJECT: CAMAApplicationReview Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please" indicate below your agency's position or viewpoint on the proposed_ project and return this form to Gregp Bodnar at the.address above by 51!1Q26 If you have any questions regarding'the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency`has no:objectiontothe project as proposed. "Additional:`comments-may, be; attached" 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. PRINT NAME � � �� AGENCY .KB tl • P-r SIGNATURE �l,�P:we[n_,. W_�s�J h North Carolina Department of Environmental Quaity IDiviston of coastal Management Morehead City Offlu, 1400 Commerce Avenue I_ Moorehead City; North Carolna 2as57 2SZ8082808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management �, 400 Commerce Avenue, Morehead City, NG 28557 i TV EI,% Office: 252-515-5416 (Courier 11-12-09) h oreaa.bod nar(GD NCDEN R.00v SUBJECT: CAMA Application Review OCT 5 2022 Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greg g Bodnar at the address above by October 19, 2022; If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X 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. PRINT NAME Shannon Myers AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE 'S 7eo-td- for Shannon Jenkins DATE October 4, 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2518082808 From: Harrison. James A To: Joshua Johnson Cc: Bodnar. Greaa Subject: Re: [E terrwl] RE: 419 Development LLC Date: Friday, December 2, 2022 11:00:42 AM Attachments: 0maae001.ona imaye002.0na Outlook-av3viia0mno imaoe003.ono imaoe004.ona 0utlook-d3sxc45i.Dna Good morning, Mr. Johnson - Thank you for providing the updated images and the proposed alterations to the structure's layout. The measures proposed should provide some minimization of impacts to the submerged aquatic vegetation (SAV) present at the site. Would the homeowner be open to incorporating a pergola -style roof to the covered platform? These have been shown to minimize the amount of shading associated with covered platforms. I think that the proposed changes are sufficient to minimize my concerns, therefore inclusion of the pergola -style roof isn't necessary but is something that I'd highly recommend. Maintaining SAV along the shoreline has many benefits for the homeowner, including natural shoreline protection and improved water quality, as well as providing habitat for a variety of different species that can in turn provide natural scenery for their enjoyment. Gregg - As long as the updated plans are adhered to, DMF is amenable to removing the potential for objection to the permit. As noted above, I still highly recommend that a pergola - style roof be incorporated into the plans. As the applicant has shown a willingness to help minimize potential impacts to the habitat in the area, this is only a recommendation and is not a requirement from DMF. If anything else is needed, please let me know. Jimmy Jimmy Harrison Ha6itat and E-n6ancement jection NC Division of Marine Fisheries iames.6arrison@ncdear.gov 252-948-3835 (Office) 757-272-3230 (Mo6ile) 0 "Every Pizza can 6e a Personal Pizza if you try bard enough and believe in yourself" Email correspondence to and from this address is subject to the orth Carolina Public Records Laeand nun, be disclosed to third parties. From: Joshua Johnson <jjohnson@stroudengineer.com> Sent: Friday, December 2, 2022 09:51 To: Harrison, James A <Iames. Harrison@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: [External] RE: 419 Development LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Snam. Mr. Harrison, I have attempted calling you twice this morning and left multiple voicemails over them past 2 weeks. I apologize if you have attempted to call me back, but I have no missed calls nor any voicemails from you. My client is adamant about the covered platform for a family gathering area. This is consistent with the piers on either side of this site. In light of your comments, I have updated the plan to show that the northeast boat slip is entirely within 2' of water, but removed that slip anyway for a total of 3 slips and one PWC lift. I positioned the proposed PWC lift in that area as I thought this would be a more acceptable configuration to minimize potential impacts. To further minimize impacts to SAV my client is willing to position the covered platform as far out as possible, so I have adjusted it to be adjacent to the slips which is a substantial distance from the SAV as you can see in the aerial site overlay. I am hoping this will be an acceptable concession for your office. I have attached a few images for your consideration and would appreciate your input by end of business today if you could. Thank you, Josh Josh Johnson, PE Civil/Structural SGROUD NEERING 422 Highway 24 Morehead City, NC 28557 Office: 252-247-7479 ext: #226 Cell: 252-725-7877 ••: From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, December 2, 2022 9:25 AM To: Joshua Johnson <jjohnson@stroudengineer.com> Subject: FW: [External] RE: 419 Development LLC Hey Josh, Got a reply. Look it over and it looks like he is just concerned with the platform over shallow SAV now. Let me know what you think, Gregg Gregg Bodnar (he/him/his) Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg. BodnarraDncdenr.gov Find a Field Rep (arcais com) NPRTII CJWOLINAD l' acD3�nt at Fmironmontal auaiity Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harrison, James A <James Harrison (a)ncdenr.Rov> Sent: Friday, December 2, 2022 8:42 AM To: Bodnar, Gregg <Ereggbodnar @ncdenr.gov> Subject: Re: [External] RE: 419 Development LLC Morning Gregg, The agent attempted to contact me and I tried calling him back but haven't gotten a response yet. If all of the slips are within 2' of water, that significantly alleviates my concerns. Regarding the aerial image provided, the water depths of the more northeast slip (shows a 14' by 14' square) don't provide conclusive evidence of the entirety of each slip being in 2' of water. There's depths of 2.32' and 2.15' shown, but those depths appear to be closer to the finger pier. Providing a site plan that shows where the 2' contour line is located would be helpful. The reduction of the terminal platform is because there doesn't appear to be a clear need for a structure that large. SAV still grows in waters deeper than 2' similar to those at the platform. I've been at multiple sites in that general area with SAV still present at 2.5-3' depth. It appears that most of the docks/piers in the surrounding area have less slips and less overwater coverage from finger piers, platforms, etc. (based on looking at Google Earth). That being said, if they're willing to minimize impacts by removing the covered platform (which the agent's email sounds like they're open to), I'd consider that to be a significant minimization measure and would be amenable to leaving the terminal platform as -proposed. Thanks Gregg! Jimmy Jimmy Harrison Habitat and E_n6ancement `jection NC Division of Marine Fisheries iames.6arrison@ncdenr.gov 252-948-3835 (Office) 757-272-5250 (Mo6ile) G) .IF Pizza can 6e a Personal Pica if you try hard enough and believe in yourself" Email correspondence to and from this address is subject to the North Carolina public Records Lmr and mar he disclosed to third parties. From: Bodnar, Gregg <grepe.bodnarC@ncdenr.eov> Sent: Friday, December 2, 2022 07:55 To: Harrison, James A <Iames.Harrison(@ncdenr.eov> Subject: FW: [External] RE: 419 Development LLC Morning Jimmy, Has Josh Johnson, the agent for 419 Development, been in contact with you yet? Below are responses and additional questions concerning your comments. The attachment above is for reference. Gregg Gregg Bodnar (he/him/his) Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg.Bodnar(a)ncdenr.gov QE Q15 DepaNnrn�af Emlromncntalaw0� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September21, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bodnar(a)NCDENR.gov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grep4 Bodnar at the address above by October 19, 2022, If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be attached** 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. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE ..u.y. ■.., s DATE 15 November 2022 NOV 1 6 2022 ITF SECM®N MHD North Carolina Department of Environmental quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 25LB082808 ROY COOPER Governor ELIZABETH S. BISER Se—tary KATHY B. PAWLS Dtreotor TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: 419 Development, LLC CAMA, Carteret County DATE: 15 November 2022 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the permit application for proposed actions that may impact fish and/or fish habitats. The proposed work is located at 419 NC Highway 24, Morehead City, within Carteret County. The applicant is proposing to construct a 5-slip docking facility within Bogue Sound and remove the existing pier. Water depths in the project area range from -0.1' to -2.3' normal low water (NLW). The waterbody is open to shellfish harvest and is classified as SA; HQW. Submerged aquatic vegetation (SAV) is present within the project area. The proposed structure includes a deck, fixed pier, covered platform, four finger piers, four boatlifts, and one wet slip. The proposed deck would be 15' by 20' and located on the high ground, approximately 35' from the normal high water level of Bogue Sound. The proposed pier would originate from the south side of the proposed deck and would be 6' wide and 552' long, beginning at the high ground on the property and crossing coastal wetlands into Bogue Sound. Approximately 480' waterward of the edge of the wetlands, the applicant is proposing an 18' by 32' covered platform. The proposed pier would terminate at a 15' by 30' platform. Immediately north of the terminal platform, the applicant is proposing five slips. Four of the boat slips would be supported by four 3' by 35' finger piers. Three of these four slips would have traditional four -piling boat lifts, and the fourth slip would be a wet slip with two outer tie pilings. The fifth slip would be a single piling PWC lift on the east side of the main pier, approximately 40' south of the proposed covered platform. Water depths within the slip areas range from -1.6 to -2.3 NLW. DMF has significant concerns with the proposed project. Specifically, DMF is concerned with the impacts to SAV habitat that may occur as a result of the construction of this structure, as well as the continued use of the structure. SAV is an important habitat for a wide variety of species, providing numerous benefits. These benefits include providing refuge from predators, nursery area habitat, and foraging areas. Additionally, SAV provides habitat benefits through improved water quality. SAV also provides a natural shoreline protection, helping to decrease wave energy and sediment transport patterns. Taking this into consideration, protection of SAV is critically important. RECE.IV D NOV 1 6 2022 State of North Carolina I Division of Marine Fisheries 3441 Arend& Street I P.O. Box 7691 Morehead City. North Carolina 28557 POP S�CT1� ® M-726-7021 /� 44-4bk. DMF would likely be opposed to the project unless the following recommendations are incorporated into the project design. First, the covered platform should be removed from the design. It is positioned over shallow water SAV habitat, does not offer any water -dependent use, and no details as to the necessity of this component were provided. DMF would also recommend removing or reducing the size of the terminal platform and repositioning the slips so that all of the proposed slips are entirely within 2' of water. Additionally, DMF recommends the use of sling -style lifts rather than traditional lifts. Sling -style lifts are likely to result in less damage to SAV during continued use than traditional lifts. Finally, the PWC slip should also be repositioned so that it is waters that are at least 2' NLW. Incorporation of these measures should aid in the minimization of immediate and long-term impacts to SAV habitat. Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at (252) 948-3835 or at james.harrisonQncderingov with any further questions or concerns. RIECEIVED Nov 1 (5 2022 M? SECTION MHJ State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 I Morehead City. North Carolina 28557 252-726-7021 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 December 1, 2022 Regulatory Division Action ID No. SAW-2022-00098 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 j onathan.howell@ncdenr.I?ov Dear Mr. Howell: �E DEC 7 2022 Reference the application of Kevin Jennings, 419 Development, LLC proposal to remove an existing dock and construct a private, 5-slip docking facility in waters of Bogue Sound at 419 NC Highway 24 in Morehead City, Carteret County, North Carolina. Specifically, the applicant proposes to construct a deck, a fixed pier, covered platform, four finger piers, four boatlifts, and a wet slip defined by two outer tie pilings. The proposed deck would be 15' by 20' on the high ground, approximately 35' from the normal high water level of Bogue Sound. The proposed pier would originate from the south side of the proposed deck and would be 6' wide and 552' long beginning at the high ground on the property and traversing the Coastal Wetlands into Bogue Sound. This proposed pier access would have a north -south orientation. At approximately 480 waterward of the waterward edge of the Coastal Wetlands, the applicant proposes an 18' by 32' covered platform. As the proposed pier continues through the covered platform, it would terminate at a 15' by 30' fixed platform. Immediately north of the proposed fixed platform, the five boat slips are proposed. Four of the proposed boat slips would be supported by four 3' by 35' finger piers. Three of these four boat slips would have traditional four -piling boat lifts, and the fourth slip would be a wet slip with two outer tie piling. A fifth proposed boat slip would be a single piling PWC lift on the east side of the main pier access, approximately 40' south of the proposed covered platform. 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 modification to the State authorization: -2- 1. In order to further protect the endangered West Indian Mimatee, Trichechus mane&0, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Gufdelines, and strictly adhere to all requirements therein. The guidelines can be found at httys://www.fws.p,ov/raleigh/pdfs/ManateeGuidelines20l7.pd 2.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. 3. All work authorized by this permit must be performed in strict compliance with the submitted 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. 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. 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 Resources 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. 7. 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. 8. 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. 9.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 -3- 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. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. 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. 12. 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. 13. 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 Ms. Liz Hair Wilmington Field Office, Regulatory Division, by email at sarah.e.hair@usace.army.mil. RE-ECE�VED Sincerely, DEC 5 2T2 Liz Hair, Project Manager Wilmington Regulatory Field Office iM Electronic Copy Furnished: USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Gregg Bodnar NC DEQ/DWR; Holley Snider USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) g regg. b o d n a r(a. N C D E N R.g ov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregp Bodnar at the address above by'October 19, 2022: If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments maybe attached" n o P_ _� C(YrilnW_'-I This agency has no comment on the proposed project. /ee.-IJI-7 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. PRINT NAME .JF/WA// D!2/1 kL AGENCY 7�&Wr✓ Di� A10,0 /6 �62`6110 C/T`1 SIGNATURE rl�_• DATE emmcwouxn� o,p.nw=,u w�i�ewm,�ry� DEC 6 2022 N'NP SECTION MID North Carolina Departmentof Environmental Quality I DlvislonorCoastal Management Morehead Gty Office 1 400 Commerce Avenue I Moorehead Gty,North Carolina2855I 25ZB082808 ROY COOPER Cmmraor ELIZABETH S. BISER serretar7• BRAXTON DAVIS Director September 21, 2022 MEMORANDUM.' NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416. (Courier 11-12-09) areoo.bodnar(e.NCDEN R.cov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by October 19, 2022., If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: _X_ This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME (1c"w'1/c Dmkc AGENCY '/OWi✓ of 1V012C,1) YQ 67-1( DATE _ ��n1 G/v7UoTa2 �•'•i`� �`1Q .(r+�--r�,LL/t� �jGt'e yyLsea���- /�'7Y/:r✓�SK ./�c.e(Y\. ,LCJ .e�Gz. ,%57fi��LoGLeV�v K F' 67 �,j �iri✓,' /.(�.11it�{" .e-(J../C[.:5ieet.eiL'J�>�.. /FNLe'/(t'GY L.J`t/ �.�it/t/!<nQ �tJcvic. �vl� rc2Uin/✓. /�LCL+O�-.Gr✓.0 odSul 707(�'Gs�'i/rS' X/e?s' y49C North Carolina Department of Environmental Quality l Division of Coastal Management _ Morehead City orrice 1400 Commerce Avenue I Moorehead City, North Carolina 28557 41tH ®wu� 252.8052808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 NORTH CAROLINA Environmental Quality C•22. dIj.i2:oS FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC28557 k��0 q�� Office: 252-515-5416 (Courier 11-12-09) yi+ F! QreQ%bodnar(a)NCDEN R.aov SUBJECT: CAMAApplication Review DEC 7 2022 Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: S slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnarat the address above by October 19, 2022: if you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. Seev teehed. _S!c Mzel mJ This agency objects to the project for reasons described in the attached comments. PRINT NAME_ MCI I L. AGENCY SIGNATURE DATE 12-�- 2 1�0 CCjC +1 M'J C—a"n+rvle.� 12-Z�Z�ZZ. �I�nS dao pe,r a-�s f'- Ci 1i tcr+ mil) North Carolina Department of Environmental QuaBry I Division of Coastal Management Morehead City Ofilce 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 DocuSi9n Envelope ID: AF1052AB6A79-4BFC-BF15.6DEBE1 CA33A2 ROY COOPER Governor ELIZABETH S. BISER secretary RICHARD E. ROGERS, JR. DirsCtor 419 Development, LLC Attn: Kevin Jennings 405 Ramblewood Drive Raleigh, NC 27609 NORTH CAROLINA Environmental Quality November 19, 2022 Subject: Approval of Individual401 Water Quality Certification 419 Highway 24 — Docking facility USACE Action ID. No. SAW-2022-00098 Dear Mr. Jennings: DWR N 20221308 Carteret County DEC 9 2022 IMP SECTION MHD Attached hereto is a copy of Certification No. WQC005388 issued to Kevin Jennings and 419 Development, LLC, dated November 19, 2022. 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 this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. nn Wk, NonhCamlirnDepu emofEnvimnmeotalQuality I Division of Water ResourcesD 127 Cardinal Drive Est. I Wilmington North Camlink 29405 910.7% 7215 a.w DocuSign Envelope ID: AF1052AB-6A794BFC-BF15-6DE8E1CA33A2 419 Development, LLC DWR#20221308 Individual Certification #WQ0005388 Page 2 of 9 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards 135A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S.143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or hollev.snider@ncdenr.eov if you have any questions or concerns. Sincerely, Docuslgned by. CAnn,UA Salnt6,,j—UVCJ E3ARA14AC7DC434... Morelia Sanchez -King Regional Operations Supervisor �° Electronic cc: Josh Johnson, Stroud Engineering ° � ECEIVED Sarah Hair, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DEC 9 2022 DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental QualityDivisionof Wat�r6l yl �b�ce 11`.111-11 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 "r'n1fJA0`"'" 919.707.9000 DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-8DE8E1CA33A2 419 Development, LLC D W R#20221308 Individual Certification RWQC005388 Page 3 of 9 Filename: 20221308_419 Development_IWQC_CartCo_Nov.22.docx RCE-14V ED DEC 9 2022 lef Wftl. Noah CarcBna Department of Environmental Quality I Division of Water Resources®� 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 sw� u.s.omnm� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: 419 Development LLC LOCATION OF PROJECT SITE: The project is located adjacent to Bogue Sound at 419 Hwy 24 in Morehead City, Carteret County. Latitude:34°43'36.23"N Longitude: 76°49'15.33"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 7/26/22 Was Applicant or Agent Present No Photos Taken —No PROCESSING PROCEDURE: Application Received — cc: 9/7/22 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP —Developed (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — septic Planned -none (F) Type of Development: Existing — residence, bulkhead, and dock Planned - docking facility relocation & expansion (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED .D_GED FILLED INCORP/SHADED (A) Open Water 3,114 ftz shaded 41,952 ft' incorp (B) Coastal Wetlands 210 f:2 shaded (C) High Ground 300 ftz shaded (E) Total Area Disturbed: 42,462 ft (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: None Proiect Summary: The applicant wishes to remove the existing dock and construct a 5-slip docking facility within Bogue Sound for private use adjacent to 419 Hwy 24 in Morehead City, Carteret County. Field Investigation Report: 419 Development LLC Narrative Deserintion: The proposal is located adjacent to 419 Hwy 24 within Bogue Sound in Morehead City, Carteret County. This property is currently developed with a residence, shoreline stabilization, and a dock. This proposal is for private use. The adjacent property to the property to the east is similarly developed and the adjacent property to the west is undeveloped. The elevation of the high ground on the property is approximately 12' above the normal high water level. Vegetation on the property mainly consists of pine forest, lawn grasses, and Coastal Wetlands. There is approximately 251' of shoreline on this 11-acre tract. Water depths in the project area range from —0.1' to —2.3' nlw. The subaqueous substrate is firm with shell. There is not a Federal Channel in the nearby vicinity of the project area. There is not a cultural resource in the project area. This waterbody is approximately 8,120' across at this location. These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation (SAV), Halodule wrightii, is present within the project area. This waterbody is open to shellfish harvest and is classified as SA; HQW. Proposed Development: The applicant is proposing to construct a 5-slip docking facility within Bogue Sound in Morehead City. The proposed development would take place adjacent to 419 Hwy 24, Carteret County. This proposal is for private use. The applicant is proposing to remove the existing pier and platform as a part of this project. The applicant is proposing to construct a deck, a fixed pier, covered platform, four finger piers, four boatlifts, and a wet slip defined by two outer tie pilings. The proposed deck would be 15' by 20' on the high ground, approximately 35' from the normal high water level of Bogue Sound. The proposed pier would originate from the south side of the proposed deck and would be 6' wide and 552' long beginning at the high ground on the property and traversing the Coastal Wetlands into Bogue Sound. This proposed pier access would have a north -south orientation. At approximately 480 waterward of the waterward edge of the Coastal Wetlands, the applicant is proposing an 18' by 32' covered platform. As the proposed pier continues through the covered platform, it would terminate at a 15' by 30' fixed platform. Immediately north of the proposed fixed platform, the applicant is proposing five boat slips. Four of the proposed boat slips would be supported by four 3' by 35' finger piers. Three of these four boat slips would have traditional four -piling boat lifts, and the fourth slip would be a wet slip with two outer tie pilings. The fifth proposed boat slip would be a single piling PWC lift on the east side of the main pier access, approximately 40' south of the proposed covered platform. The water depth within the proposed boat slip areas range from -1.6' to -2.3' nlw. Brad Connell September 21, 2022 Morehead City Field Investigation Report: 419 Development LLC Anticipated Impacts: This proposal appears to extend beyond the established docking facility lengths within this area of Bogue Sound, with the longest nearby docking facilities at 125-127 Camp Morehead Drive extending approximately 500' waterward as measured from the edge of Coastal Wetlands out into Bogue Sound. This proposal would have shading impacts over the shallow bottom Submerged Aquatic Vegetation (SAV) habitat within this area of Bogue Sound. The proposal would shade 300 square feet of high ground, 210 square feet of Coastal Wetlands, and usurp 41,952 square feet of Public Trust Area. Traditional marine construction methodology would be utilized during the construction of this project. Turbidity impacts are not anticipated during the construction activities within Bogue Sound. This waterbody is not classified as a Primary Nursery Area. There is SAV (Halodule wrighth) habitat present within the project area. There are no oyster beds in the nearby vicinity of the project area. This waterbody is open to shellfish harvest. Brad Connell September 21, 2022 Morehead City STROUD ENGINEERING, R A. CONSULTING ENGINEERS 422 HIGHWAY 24 MOREHEAD CITY, NORTH CAROLINA 28557 W W W.STROUDENGINEER.COM LICENSE NO. C-0647 September 6, 2022 NCDEQ/CAMA 400 Commerce Ave. Morehead City, NC 28557 Re: Jennings Residence CAMA Major Project Narrative Scope of Project: Mr. Jennings recently purchased a home at 419 Highway 24 in Morehead City, NC. This permit will encompass a 553' private dock to serve the residence. This length is necessary to avoid disturbance of submerged aquatic vegetation and provide adequate depth for operation of small watercraft without performing dredging operations. The length is also consistent with the piers on this shoreline particular shoreline and terminates behind the adjacent pier head line. The pier surfacing will be open slatted decking, 6' in width, with a covered sitting area approximately two thirds down the length of the pier. Three boat lifts, one wet slip, and a single jet ski lift and fish cleaning table are proposed surrounding the end platform. Two finger piers will extend adjacent to the lifts for access. No sitework is proposed within the AEC, but a small open slatted landing platform is proposed at the head of the pier. There is an existing pier on site that is to be removed as part of the project scope. A pre filing meeting request was submitted to Cameron Weaver of the Wilmington Regional Office of NCDEQ on 9/6122. Request email is attached. yn \,,.CA.R, " N o�pFESSI1.....hnson, P.E. sPE053478 '- sy A ;r0, 107E COMMERCE STREET 102D CINEMA DRIVE GREENVILLE, NORTH CAROLINA 27658 WILMINGTON, NORTH CAROLINA 28403 252.756.9352 910.815.0775 FtECONED gEP �q 1017 DCM.MHC CITY 422 HIGHWAY 24 MOREHEAD CITY, NORTH CAROLINA 28557 252, 247, 7479 rq i 2A ) �. LEGEND PROJECTAREA (11.43ACRES) A,.jjj����j� � M:��t(n. `1 A' e' POTENTIAL WATERS OF THE US {r4`p T'-' P r' OT3 ye '?.��` 1 �.'- �P Q COASTAL WETLAND -CMA(0.15 ACRES) _ WETLANDS -WMA- (0.33 ACRE) WM- (0.52 ACRE) WMC- (0.03 ACRE) �c )' WMD- (1.51 ACRES) TOTAL 2.39 ACRES Prsn itxBo mE a Eert v.in 6ca yaF ics PNES, i. m 6m .io6 RPM I' G ^D nil 0 POTENTIAL WATERS OF THE US CN 419 NC NWT 24 PARCEL r IT CARTERET COUNTY, NC 71.E: ns S"o Dn oRrvx av Tu v WTE ,3/Q.' N C UR �MEca,eae�wee Dnxe Cn YYbW O 1 e e li(J _ Nrl FlDuxEa FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC September21, 2021 1:38:37 PM DEED # Pages: 3 Fee:$26.00 NC Revenue Stamp.$3,700.00 FILE # 1739204 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $3700.00 Parcel Identifier No. 635614436620000 Verified by Carteret County on the _ day of , 2021. Mail/Box to:ebo{y/li!a(<tf �i 1sA/v D/Bldx/3GAlBdaLPoE(� NCl2$616/ White & Allen, PA This instrument was prepared by: C. R. Wheatly, III File M1 28765-1 Brief description for the Index: 419 NC HWY 24 THIS DEED made this 21 st day of September 2021, by and between GRANTOR GRANTEE Ann Webb Hill, f/k/a, Ann W. Freshwater, widow 150 Lands End Road, Apt. A23 Morehead City, NC 28557 Enter in appropriate block for each Grantor and Grantee: e.g. corporation or partnership. 419 Development, LLC A North Carolina Limited Liability Company 405 Ramble -wood Drive Raleigh, NC 27609 name, mailing address, and, if appropriate, character of entity, The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Newport Township, Carteret County, North Carolina and more particularly described as follows: See attached Exhibit "A" submitted electronically by "White & Allen NHC" in compliance With North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret county Register of Deeds. NC Bar Association Pone No. 3 0 1976, Revised © 1/12010 Printed by Agreemenl with the NC Bar Association zECEIVED JUL 14 2022 DCM—MHD CITY 1739204 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Book 443, Page 008. A snap showing the above described property is recorded in Plat Book 7, Page 34, Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS M-IEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Ann Webb Mill State of North Carolina County of Carteret I, the undersigned Notary Public of the County and State aforesaid, certify that Ann Webb Hill personally appeared before me this day and acknowledged the due ex qn of the f oitt iustrument for the purposes therein expressed. Vritness my hand and Notarial stamp or seal this ay of 2021. MyCommissionExpires: nn (Affix Seal) "ptrluuyp F); COO�,��,. '",rxunta`` RECEIVED JUL 14 2022 NC Bw As mialion Form Nn. 30 1976, Rcvisrd ® 1/1/2010 Printed by Agreaacnt %vi0r the NC Dar Associalim DCM-M H D CITY 1739204 Exhibit "A" Beginning on the southern right-of-way line of N.C. Highway #24, same being the northwest corner of the Walter Edwards property and the northeast corner of the Purcell Jones property; running thence with the western property line of Walter Edwards South 10-260 West 942.1 feet to a concrete monument; thence continuing with the Walter Edwards line South 10-44' West 1088.2 feet to the ordinary highwater mark of Rogue Sound; thence with the waters of Bogue Sound North 62-12' West 146.1 feet to a stake on the highwater mark; thence North 75-20' West 105.5 feet to a concrete marker on the highwater mark of Bogue Sound; thence North 10-159 East 1890.6 feet to r concrete monument located on the southern right-of-way line of N.C. Highway #24; thence with the southern right-of-way line of N.C. Highway #24 North 80-03' East 266.38 feet to the point of beginning, containing 11.95 acres, all in accordance with map of P.K. Ball, Surveyor, as recorded in Map Book 7, page 34, Carteret County Registry, and being the same property conveyed to grantors herein by deed of J. Purcell Jones, and wife, under date of 23 March 1968, and recorded in the Carteret County Registry, with riparian rights. RECEIVED JUL 14 2022 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to KEVIN JENNINGS' 's property located at 419 HIGHWAY 24 (Name of Property Owner) on BOGUE SOUND (Address, Lot, Block, Road, etc.) in MOREHEAD CITY / CARTERET COLINN.C. v (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above locaticln ✓ I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) SEE ATTACHED WAIVER SECTION ' I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. JOSH JOHNSON Fl7R KEVIN JENNINGS Print or Type Name 405 RAMBLEV4000 DRIVE Mailing Address RALEIGH, NC 27609 City/state/Zip 252-247-7479IJJOHNSON@STROUDENGINEER.COM Telephone Number/'email address JUNE 7. 2022 Dale -Valid for one calendar year after signature' (Adjacent Prop Owner Informagon) Si a e BAY COLONY COMMUNITY SER. INC. Print or Type Name PO BOX 2366 Mailing Address MOREHEAD CITY, NC 28557 r city, = Tell hone Number/email address �SZ- p^DE-lo8a Date* RECEIVED (Revised Aug.2014) JUL 14 2027 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to KEVIN JENNINGS' (Name of Property Owner) property located at 419 HIGHWAY 24 BOGUE SOUND (Address, Lot, Block, Road, etc.) on ,,in MOREHEAD CITY / CARTERET COUNTY N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing developmnient must till in description below or attach a site drawing) SEE ATTACHED WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. JOSH JOHNSON FOR KEVIN JENNINGS Print or Type Name 405 RAMBLEWOOD DRIVE Mailing Address RALEIGH, NC 27609 City/State/Zip 252-247-7479/JJOHNSONGSTROUDENGINEER.COM Telephone Number/ email address JUNE 7, 2022 Date 'Valid for one calendar year after signature' (Adjacent Property Owner Information) Signature* BAY COLONY COMMUNITY SER. INC. Print or Type Name PO BOX 2366 Mailing Address MOREHEAD CITY. NC 26557 City/State/Zip Telephone Number/email address RECEIVED JUL 14 2022 (Revised Aug. 2014) DCM-MHD CITY i CERTIFIED U.S. Postal Service'" RECEIPT Domestic Mail Only m m n u,iloro2 'Qs q , IS ?1557"Ill., r =- wi m cooled Man Fe $ $3.75 II55-1 r � Fxtra ServicesB Fees (clixJh eac eW lea 'I tel III ❑R.Wrn RecaptmaNcopy) ❑ReturnRaaalpt(eleceonil) a $0 00 PeNmerk C3 ❑Ceunee Man Rm iea Dewey IS 10.80_ Hen ❑AtluX synature ReRUtretl 3 00.06 )]xaUft S1g,ature Restricted Dewey s 0 Postage tr onl Prange end Fees ' b 06/08/2022 C3 It $8.36 ti To _ Loil carRtYYa�f1�r.�r.S R..1n� ---- Q Siieei errdAp. o�urKUUoir ■ Complete items 1, 2, and 3. a ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. or on the front If apace permits. 1. Article Addressed to: D. E" C.oLon)M-nv irnTy SER Ifs Po )ek z3u,, ❑ Agent C. sy address different from item 11 ❑ Ye, enter delivery address below: ❑ No II I IIIIII s. service lype ❑ Priority Mal Express® IIII III I III I I I I I I I II I I I IIIII IIII I I III ❑ une Restricled Delivery �ertllfielj ❑ MZ,13"estrlcted ' Mell® Reeg�teered ry 9590 9402 6411 0303 2023 32 Certified Mail Restricted Delivery (fiirB g eli Confirmsffin^^ ❑ Collect on Delivery ❑Signature Confirmation 2. Article Number (franafer from servlee kbelJ ❑ called on Delivery Restricted Delivery Restricted Delivery 7020 0090 0000 8435 1364 'unadMall Meil Reafdcted OMk'erY $SOD)lured rer I PS Form 3811, July 2020 Pi 7530-02-000-9053 Domestic Return Receipt i J a • y t-i I - e Ir a Ra t?j 9P 7 l, mcan lied Maii Fn $3.75 $ CD tra rvicee3FeeslTlefJfepKeX I]Ae°rn Receipt (ruMwpy) $ r3 ❑ Return Recept (Mwwic) $ ❑CMMIee Mall ReatrkteE Delivery $ r3 Omursi,m,,pu t r ❑AOua si9rutu ResNctee DNrvery$ 0 Postage Er $ 0 Toral Postage and Fen r3 58.36 $ p,Sent Too M1 SiieeFa�QA • Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. . 1. Article Addressed to: ' Po R.Ox 2952Z Rfl u'PIG%, nc zr1(62e USE 0557 06 PosbnWk Here 06/08/2022 A. Signature X B. Received by ❑ Agent ❑ Addressee its of Delivery D. Is deUveryaddress tl11fnKmrn Ry(f111 Oyes; If YES, enter Is ress br$Cy' ❑ No 3. Service Type ❑ Priority Mall Pxpress® II �'I'I'I IIII ICI I III I I I I I I I I I I I I IIIIII III II III D Atlul Melt® Restricted Delkwy ❑ RRegistered Mall Restricted Atertifed wery 9590 9402 6411 0303 2023 49 ❑ Certified Mall Resticted D U y W.. Conflrtn°tion- ❑ collect on Delivery ❑ Signature Con&melion 2. Article Number (Fransfer from service kW ❑ collect on Delivery Restricted Delivery Restricted Delivery ^ 1^sured Mail 7020 0090 0000 8435 1391 of d Mall Restricted Delivary I PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt I 0 111 W Ci w cr U �C L U 0 • J ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to KEVIN JENNINGS' s (Name of Property Owner) property located at 24 (Address, Lot, Block, Road, etc.) on BOGUE SOUND in MOREHEAD CITY / CARTERET COUNTY N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) SEE ATTACHED WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Print or Type Name 405 RAMBLEWOOD DRIVE Mailing Address RALEIGH, NC 27609 C#y/State/Z/p 252-247-747gtJJOHNSON®STROU DENGINEER.COM Telephone Number/email address Date (Adjacent Property Owner Information) Signature* SAMUEL A. MCCONKEY REV. TRUST Print or Type Name PO BOX 29522 Mailing Address RALEIGH. NC 27626 Cily/State/Zip Telephone Number/email address RECEIVED Date* JUL. 14 2022 (Revised Aug. 2014 *Valid for one calendar year after signature* D�M-MHD CITY Tax Parcel Information: C a r t e r e t C o tI n t V N C tiv. Owner: 419 DEVELOPMENT LLC - �..%i � 4� r' — Kr►� ��� Fl— Current PIN: 635614436620000 • ,.�s� ~` , e Site Address: W 419 HWY 24 > MOREHEAD CITY w r d er a a s+ Mailing Address: X * ► �� h._r 405 RAMBLEWOOD DRIVE U !i f RALEIGH NC 276o9 J Iz Legal Description: ACREAGE TRACT SOUTH OF HWY 24 � 7A�j_ MIL Prior PIN: i3oi6o=4 City Limits: i7. t (� W Rescue District: "f W Lu v UJ i i Fire District: WILDWOOD FIRE ul + a W, _ tr Tax District: 3013 I, Township: MOREHEAD Use: RESIDENTIAL Land Value: $815,250 NBHD: 130002 Bldg Htd Sq Ft: 4112 Bldg Value: $203,507 Bldg Tot Sq Ft: 3,678 Other Value: $28,708 ; Year Built: 1969 Total Value: $1,047,465 Noise Level: Sale Price: $1,850,000 AICUZ Zone: Deeded Acres: 11.4 GIS Acres: 11.431 Plat Ref: / Roll Type: R wa Deed Ref: 1739 / 204 Deed Date: 20210921 a Bedrooms: 4 Bathrooms: 3.5 1 �=zaa rt rv; ntcd June b zozz The hfomeAon displayed by this webste is prepared M the inventory of real property found within this luisdadon and Is coni ham recorded deeds, pale, and other pudic records and Beta. Users of this Information are hereby mbfod tat the tauementlaned pudic primary nformation sources should be consulted for verification afthe nformatun contained on this site. Carteret County assumes M legal reaponabiiy for the In formetlon coraalred on this site. Carteret Coney dose rnt grerantsethet the dale and map services will be wailable to users AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: w i )t , nlnc)c� Mailing Address: t (g Phone Number: y j q L f-f Zej Email Address: tA &,5i-CEV in lAX2a ";(Y1 A 1 CD I certify that I have authorized S RO)Ah&r;)n efki(} , % vSy/_AF} Tta n5ir to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: h� /Py, 0 at my property located at W intsl County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating infomtation related to this permit application. Property Owner Information: 64� ignature Print or Type Name Title 06 / 06 / 2022 Date This certification is valid through RECEIVED JUL 14 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 14, 2022 The Carteret News Times Legal Advertisement Section 5039 Executive Drive Suite 300 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality Re: Public Notice - 419 Development, LLC Dear Sir/Madam: Please publish the attached Notice in the September 28, 2022 issue of the News -Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson -Murray, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 515-5407. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Environmental Specialist II Enclosure cc: Gregg Bodnar Heather Styron _�11� Pyzz Fm'rnmRM0iu9,� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 257 5155400 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality 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 September 7, 2022. According to said application, 419 Development, LLC proposes to constructa 5-slip docking facilitywithin Bogue Sound, adjacentto 419 Hwy 24, Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 515-5400 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 October 17, 2022, 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: September 28, 2022 P ®� �.,• North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 M}±MCVfJU`14 o�vv�mei.,am.m.oem 2525155400 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 14, 2022 419 Development, LLC c/o Mr. Kevin Jennings 405 Ramblewood Drive Raleigh, NC 27609 Dear Mr. Jennings: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of 419 Development, LLC's application for State approval for development located within Bogue Sound adjacent to the property at 419 Hwy 24 in Morehead City, Carteret County. It was received on September 7, 2022, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 22, 2022. 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 September 7, 2022, 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. m.mmL-.DEQ�� 'o�mw'.��m�,mw n� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252-515.5400 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Brad Connell Coastal Management Representative 0 Enclosure CC: Heather Styron, District Manager Gregg Bodnar, Asst. Major Permits Coordinator Josh Johnson, Stroud Engineering PA, Agent iI '• 4v 3 v 3 PROJECT: Construction of a 5-slip docking facility within Bogue Sound adjacent to 419 Hwy 24 in Morehead City. APPLICANT: 419 Development, LLC c/o Mr. Kevin Jennings 405 Ramblewood Drive Raleigh, NC 27609 October 17, 2022 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: ,.� Brad Connell - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)515-5400 Joshua Johnson From: Joshua Johnson Sent: Tuesday, September 6, 2022 12:46 PM To: Weaver, Cameron Subject: Pre File Meeting Request - 419 Highway 24 Attachments: Scoping Meeting Request -Jennings Residence.docx; PM3072-001 EX COND FULL SET SIGNED AND SEALED.pdf; Narrative Signed and Sealed.pdf Cameron, Please find the attached pre file meeting request. Thank you I Josh Josh Johnson, PE Civil/Structural STROUD ENGINEERING 422 Highway 24 Morehead City, NC 28557 Office: 252-247-7479 ext: #226 Cell: 252-725-7877 Fax: 252-247-4098 IlohnsonC�stroudengineer.com RECEIVED SEP 0 7 2022 DCM-MHD CITY 1 "'This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (11 /1 /2012) Applicant: 419 Development LLC Date: 9/9/22 Project Site County: Carteret Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: 419 dock Date of initial application submittal (EX: 1/8/2007): 7/14/22 Date application "received as complete" in the Field office (EX: 1/8/2007): 9f7/22 Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both SITE DESCRIPTIONIPERMIT INFORMATION PNA: []Yes ❑No Photos Taken: Yes ❑ No® Setback Required (riparian): ®Yes ❑ No Critical Habitat: ®Yes ❑No ❑Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ®Yes ❑No ❑Not Sure Shell Bottom: ❑Yes ®No ❑ Not Sure Temporary Impacts: [_]Yes ®No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP: [_-]Yes ®No Mitigation Required (optional): ❑Yes [-]No Moratorium Conditions: []Yes ❑No ®NA Environmental Assessment Done: ❑Yes [:]No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ® High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORWj WETLANDSIMPACTED ® (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ® (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Disfichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow grass (Spartina roemedanus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 ® I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanagement. net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: 419 Development LLC Date: 9/21/22 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Fixed pier 1 New work ® Replace 552' 6' Maint ❑ Ely M N Boatlift 4 New work® Replace 15' 14' Maint ❑ Ely ON Covered 1 New Work ® Replace 18' 32' platform Maint ❑ ❑ Y ON Fixed 1 New Work ® Replace 15' 30' platform Maint ❑ ❑ Y ON New Work ❑ Replace Maint ❑ Ely ❑ N New Work ❑ Replace Maint ❑ Ely ❑ N revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: 419 Development LLC Date: 9/21 /22 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Open Water Dredge ❑ Fill ❑ Both ❑ 'Other ® 41,952 ft2 41,952 ft2 Coastal Wetlands Dredge ❑ Fill ❑ Both ❑ Other ® 210 ft2 210 ft2 High Ground 300 ft2 300 ft2 Dredge ❑ Fill ❑ Both ❑ Other ® Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00098 County: Carteret NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: 419 Development LLC Kevin Jennings Address: 405 Ramblewood Drive Raleigh. NC.27609 T elephone Num ber. 919-6964820 Size (acres) 11.4 Nearest Waterway BogueSound USGS HUC 03030007 Nearest Town Morehead City RiverBasm White Oak River Basin Coordinates Latitude:34.729593• Longitude:-77.821155 Location description: The project area a 419 NC HWY24.PIN# 63561443620000, Morehead City, Carteret County N.C. Indicate Which of the Following Apply: A. Preliminary Determination X There appearto bewaters, including wetlandsgnthe abovedescnbedproperty,thatmaybesubjecttoSection404oftheClean WaterAct (CWA)(33 USC § 1344) and/or Section 10 oftheRivers andHarbors Act (RIlA) (33 USC § 403). The waters, including wetlandsl ave been delineated, andthe delineationhas been verifiedby the Corps to be sufficiently accurate andreliable. Thereforethisprelininaryjurisdiction determination maybe usedin the permit evaluationprocess, including determining compensatory mitigation. Forpurposes ofcomputation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on thebasis of a preliminary JDwill treat allwaters and wetlands that would be affected inanywaybythepermittedactivityonthesiteasiftheyarejurisdictionalwatersoftheU.S. Thisprelimmary determination is not an appealable actionundertheRegulatory Program AdministrativeAppeal Process (Reference 33 CFR Part 331). However, youmay request an approved JD, which is an appealable a ction, by contacting the Corps district forfurther instruction. There appearto be waters, including wetlands, on the above described property,that maybe subject to Section404 of theClean WaterAct(CWA)(33 USC § 13 44) and/orSection 10 oftheRivers and Harbors Act (RHA)(33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has beenverffiedby theCorps to be sufficiently accurate andreliable. Thereforethis prelim inaryjurisdiction determination maybe usedin the permit evaluationprocess, including determining compensatory mitigation. Forpurposes of computation ofimpacts, compensatory mitigationrequirements, and other resource protectionmeasures, a permit decision made on thebasis of a preliminary JD will treat allwaters and wetlands that . would be affected inanywaybythepermittedactivityonthesiteasiftheyarejmisdictionalwatersoftheU.S. Thispreliminary determination is not an appealable action undertheRegulatory Program AdministrativeAppealPro cess (Reference 33 CFR Part 331). However, youmay request an approved JD, which is an appealable action, by contacting the Corps district forfurther instruction. There appearto be waters, including wetlandspn the above described property,that maybe subject to Section 404 of the Clean WaterAct (C WA)(33 USC § 1344) and/orSection 10 oftheRivers andHarbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have notbeenproperly delineated, this preliminaryjurisdiction detennination may not be usedin the permit evaluation process. Without a verified wetland delineation, this prelhninarydetermination ismerely aneffective presumption ofC WA/RHAjurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate andreliable to support an enforceable permit decision. We recommend that you havethe waters of the U.S., including wetlands,on yourproperty delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination RFCEIVI*L) Page 1 of 2 ,JUL 14 2022 OCIM40Ha CITY SAW-2022-00098 _ There are Navigable Waters ofthe United States within theabove described property subject to the permit requirements of Section 10 of theRivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct (C WA)(3 3 USC § 1344). Unless there is a change in law or ourpublished regulations, this determination maybe relied upon for a period not to exceed fiveyears from the date ofthis notification. There are waters of the U.S, including wetlands,on the above descnbedprop erty subject to the permit requirements of Section 404 of the Clean WaterAct (C WA) (33 USC § 1344). Unless there is a change in law or ourpublished regulations, this determination maybe relied upon for a periodnotto exceed five years from the date ofthis notification. _ We recommendyouhave thewaters of the U.S., including wetlandson yourproperty delineated. As the Corps may notbe able to accomplish this wetland delineation in a timely manner, you maywish to obtain a consultantto conduct a delineationthat can be verifiedby the Corps. _ The waters of the U.S., including wetlands,onyourpropertyhave been delineated andthedelineationhasbeenverifiedby the Corps. We strongly suggest you havethis delineation surveyed. Upon completion, this survey should bereviewedand verged by the Corps. Once verified, this survey willprovide an accurate depiction ofa 11 areas subjectto C WA jurisdiction on yourproperty which, unless there is a change in law or ourpublished regulations, maybe relied upon for a periodnotto exceed five years from the date ofthis notification. _ The waters of the U.S., including wetlands,have been delineated and surveyed and are accurately depicted on theplatsigned by the Corps Regulatory Official identified below on Unless there is a change in law orourpublished regulations, this determination maybe relied upon for a periodnotto exceedfive years from the date ofthis notification. There are no waters of the U.S., to include wetlands, presenton the above descnbedproperty which are subject to thepermit requirements of Section 404 of the Clean WaterAct (33 USC 1344). Unless there isa change in law or ourpublishedregulations, this determination maybe relied upon fora periodnot to exceed five years from the date of this notification. _ The propertyis located inoneofthe20CoastalCountiessubjecttoregulationundertheCoastalAreaManagementAct(CAMA} You should contacttheDivision ofCoastal Management in Morehead City, NC, at (252) 808-2808to determine their requirements. Placement of dredged or fill materialwithin waters of theUS, includingwetlands, without a Department oftheArmy permit may constitute a violation of Section 301 of the Clean WaterAct (33 USC § 1311). Placement of dredged orfill material, construction or placement of structures, orwork within navigable waters ofthe United States with outa Department ofthe Armypemrit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or403),If you haveany questions regardingthis determination and/orthe Corps regulatory program, please contact Thomas Charles at (910) 2514101 or tho m as.o.cha rl esOusace.army. mi 1. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: The pro iect area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and N/A. An Approved JD has not been E. Attention USDA Program Participants The delineation includedherein has been conducted to identify the location and extent of the aquatic resource boundaries and/orthe jurisdictionalstatus ofaquatic resources forpurposes of the Clean WaterAct forthe particular site identified in this request. This delineation and/orjurisdictionaldetermination maynotbe valid forthe Wetland Conservation Provisions of theFood Security Act of 1985, as amended. If you oryourtenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certifiedwetlanddetermination with the localUSDA service center, priorto starting work. I F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appealunder Corps regulations at3 3 CFRPart331. Enclosed you will find a Notification ofAppeal Process (NAP) factsheet andRequest forAppeal (RFA) form. Ifyou request to appeal this determination youmust submit a completed RFA form to the following address: SAW-2022-00098 US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative AppealReview Officer 60 Forsyth StreetS W, FloorM9 Atlanta, Georgia 3 0303 -8803 AND PHILIP.A.SHANNINnn USACE.ARMY.MIL In order foran RFA to be accepted bythe Corps, the Corps m ust determine that it is complete, thatit m eets the criteria for appeal under3 3 CFR part 3 31.5, andthat it has been received by the Division Officewithin 6 0 days ofthe date ofthe NAP. Shouldyou decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office ifyou do not object to the determinatio n in this correspondence. Digitally signed by Thomas Charles Corps Regulatory Official: Thomas Charles Date: 2022.03.11 15:12:35-05'00' DateofJD: March11.2022 ExpirationDate: N/A 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 https://regulatory.ops.usace.arTny.mil/customer-service-survey/. Copy Fumished: CZR Incorporated MattSmith 4709 College Acres Drive. Suite 109 Wilmington. NC.28403 RECEIVED JUL 14 202''(' DCM-M D C;IT-v MAJOR PERMIT FEE MATRIX $950- 4 roa61 Applicant: 419 D-yP.10 P o J, L.'-G Selection Development Type Fee DCM °y° (143001601 43 11000931625 6253) DWQ (24300 1602 435100095 2341) I. Private, non-commercial t71 development that does not $250 100% ($250) 0% ($0) ►�I involve the filling or excavation of any wetlands or open water areas: It. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or Open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: ill(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). if General Water Quality Certification No. $400 60% ($240) 40%($160) NE] 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en waterareas: ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 MEMORANDUM: NORTH CAROLINA. Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courler11-12-09) Qregg.bodnar(G NCDENR.gov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on th_e proposed project and return this form to Gregg Bodnar at the address above by Oq(0ber 19,_2022. If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME AGENCY SIGNATURE BATE t m�w��ae�.om.muomr� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 DCM Coordinator: Greet Bodnar Distributed Yes® No ❑ Applicant: Distribution Date: AGENCY WIRO WARO LPO Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - Tom Steffans—(Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret Craven, Eliz rPadrick (Beaufort, Carteret Craven City, Pamlico, Washington) a City, Pamlico, Washington Cultural Resources Anee Gledhill -Earley ; Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding Jimmy Harrison NC DOT David Hams David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton Tim Walton & Mike Moser & Wanda State Property Hillard Tim Walton & Mike Moser & Wanda Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams �(� Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Holley Snider (Carteret, New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Owney Bulter Rodney Bulter S:\Amanda Cannon\Majors\Misc Major Forms\Comment Sheet - sending for comments.dooc Revised: 5/7/2019 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) - (n are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work flat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. 1p at portion already complete? If previously authorized work, dearly indicate o s fa distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar the area to the site. d. A copy of the deed (with state application only) or other instrument under which applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DEN It I. A list of the names and complete addresses of the adjacent waterfront (riparian ners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such I o ust be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal a Bement. Name,SFjpyjJAE)_ (}, n4CConKEy W-V Ll5 Phone AddressP0,G&X 2-91 2-21 " Z ' Name 6� (oj„an}Y CcMMIAp j7� �6j n Phone No. Address re) Box Z3� � (l i Name Phone No. - Address 17 g. A list of previous state or federal per on the project tract. Include permit numbers, perm' a issuing dates. h. Signed consultant or age "Norm, form, if applicable. I. Welland delineation, if necessary. j. A signed AE0,4azard notice for proj ocea nt and inlet areas. (Must be gned by property owner) k. A statement of compliance with the N.C. E 'ronmental Act (N.C.G 3A 1-10), if necessary. If the project involves expenditure of public funds or use of lands, attach 2Vlament dow 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 1pat Up Information provided in this application is truthful to the best of my knowledge. Date cCi/%/ el -I?— Print Name b o Signature _.. Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts M MP-3 Upland Development DCM MP-4 Structures Information 252-808-2808 :: 1-888.411COAST :: www.necoastaimanagement.net storm DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? AqYps []No (if) Are there coastal wetlands on the site? XYes []No (III) If yes to either (i) or (if) above, has a delineation been conducted? Yes []No(Attach documentation, if available) n. existing wastewater treatment facilities. _)scribe Jam' ' 1C o. scribe existing drinking water supply source. LO E'i-L p. scribe existing storm water management or treatment systems. IJ A 5. Activities and Impacts a. Will the project be for mmercial, public, or private use? ❑Commercial ❑PubliciGovemmenl r�1`C' 5i 014ivate/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. MR InnInGS is s,E-�mc, Instil_ P �xi�r�ainC, (0' FRoM ni{I� LInE. Toe b- �Y- )LL-BF, oRfRiL) �Tzc ECSO-fl I°nP,L LA 4- f 5 4irn T b ii 15 {2�5J l�CE,MO� 15 -n-� CaY�TR f�GGaR FoR T�i 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. PIlE5 WiLu BE Dp-iRn ByPI V IBRRTcRyy FXKCftUFMDP- W ACHmEnT of\ f; SMALL bRP-GE TFifi•T 10IU-56 MOoREb In FRol'rrDFT++F- 5trF-. d. List all development activities you propose. jF-VELaPME.nT- ancD(YIf)RS5Eb zmbi R`iHIS fZz2Mii Lou- 5F-cEmi-pacnw) OF T-RE bDc-r- FF>GtuT� 7b sER&)F— 11w_ R66 ibEmE c KkE-rrCmY sn-rm Ps�P�2T�t e. Are the proposed activities maintenance of an existing project, new work, or both? h£Lil woRi; f. What s the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑NA that the public has established use of? h. scribe location and type of existing and proposed discharges to waters of the state. 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes Wlo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No k�JA J. Is there any mitigation proposed? Oyes W ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED JUL 14 2022 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagemenDQM-MHD CITY V 1r xU APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) q Loeiu n— 1->_L J to Applicant 1: First Name MI Last Name 1�v I o \31nn I A '5 Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State nn fT L"—� H n C, ZIP Country Phone No. FAX No. Z-7 62 C)9 I Ct 1- Hg 20W. Street Address (if different from above) City Stale ZIP l z Email 2. AgentContracto► Information Business Name G Agent/ Contractor 1: Find Name MI Last Name DS L Agent/ Contractor 2: First Name Ml Last Name Lil1wqDu F- TR uD Meiling Address PO Box City State HZZ w 2,4 ZIP Q ('� 2t/� 1 —Phone No. '1( 4 2 2-21 1-? 71 axLZZ� Phone No. 2 ,ry(��7 2-�- 25-)O1 eat. FAX No. Contractor / Street Address (d different from above) City State ZIP Email <Form continues on back> RECEIVED JUL 14 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagemen tr'A_MHD CITY Form DCM MP-t (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # , . ` 7 W G Subdivision g" State 73559 Phone No. 252- 7Z5-797 7 ext. Lot No.(s) (if many, attach additional page with list) I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project I t l I Fe- L Pf r, BDGE 5QLa)h c. Is the water body identified in (b) above, natural or manmade? d. Name dw closest major water body to the proposed project site. Matural ❑Manmade ❑Unknown Gl C ,E)w ' e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed *es ❑No workfallswithin. I Yl 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire trail (sq.ft.) 25 1 03 zS(�, 519 c. Size of individual lolls) 'male elevation of tract above NHW (normal high water) or L (normal water level) (If many lot sizes, please attach additional page with a list) KNHW or ❑NWL e. egetation on trail �� � / wd� �; a 5 �,p o� C,ds1" f. Man-made features and uses now on tract S►AGUE -FRN1( t_y R6 ; 5HEt m() &u .piEflb (P )ER; ISEcK) G g. Identify and describe the existing land uses adjacent to the proposed project site. T -mE W Fsr TURF ) 5 A t1 PRcR nr I 1 + AGRj-� T-R ACT ' -0 -R+9 & r -FW-RF- 15 R RES tsEnT1 A LSLABbly 15101') 6 iRy Bony h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? !1) ^C T l �� I\ Vc—+ 1 (Attach zoning compliance certificate, if applicable) Des ❑No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes 00 k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes J41140 ❑NA National Register listed or eligible property? Form continues on next page> 252-808-2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina' ❑Commercial ❑PubliclGovernment private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (!it) Length fappr (iv) Width (v) Floating ❑Yes KNo e. (i) Are Platforms included? *es ❑No If yes: 11) (ii) Number I � (iii) Length Jy (N) Width lio 3� (v) Floating ❑Yes J<[No Note: Roofed areas are calculated from dripline dimensions. g. (I) Number of slips proposed (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel [--]Open water; dredging for basin and/or channel '§Qpen water; no dredging required ❑Other, please describe: k. Typical boat length: G✓ m. (i) Will the facility have tie pilings? ❑Yes 91 o (it) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes 0&o d. (i) Are Finger Piers included? Yes ❑No If yes: (ii) Number u �L (III) Length (iv) Width (v) Floating []Yes $No f. (i) Are Boatlifts included? XYes []No If yes: (ii) Number (III) Length1 (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies Dockage (wet slips") only, number of slips:, ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 0£11TER C.0(%5C>LE-5" I. (i) Will the fax:Ii�t be open to the general public? ❑Yes Wo RECEIVED 252-808-2808:: 1-aaE-4RCOAST :: www.nCCOastalmanaQement.net JUL 14 2022 DCM-MHD CITY revised: 12/27/06 I Form DCM MP-4 (Structures, Page 2 of 4) V 2. DOCKING FACILITY/MARINA OPERATIONS .This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: ' b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marin docking facility proposed within a primary or secondary nursery area? ❑Yes o 252-808-2808:: 1-888-4RCOAST :: w .neeoastalmanaaement.net revised: 12I27I06 r Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes *0 o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAW shell bottom ���(S///B���), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. tW ❑SAV ❑SB WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) �(Thls section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) 01hisseclion not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable I a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS VThis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Am of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JUL 14 2022. DCM-MHD C$TY 252-808-2808 :: 1-888-4RCOAST :: w .nccoastalmanaoement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) ft %. a. Proximity of structure(s) to adjacent riparian property lines 15' 4- 1 51) / Note: For buoy ormooring piling, use arc of swing including length of Vessel. c. Width pffwwater body e. (i) Will navigational aids be required as a result of the project? ❑Yes []No ANA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. d. Water depth at watemard end of structure at NLW or NWL 21Z B. OTHER ❑This section not applicable a. Give complete description: z Date ` MMGS Project Name 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06 Received F Permit No.: NC Division of Coastal Management 214 0 4 n B D Cashier's Official Receipt rom: y a / L LG r A.'J Applicant's Name: 5aku-p, Project Address: I Date: 'J.Lq 209k s of 70 — /� Check No.: Inc County: 61 Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Iate: late:•�L�� _ if ii" T OG NCi.. SITE r VICINITY MAP N.T.S a c_ • "n ��. __ LEGEND• — BOUNDARY LINE NON -SURVEY LINE — — WETLANDS LINE ............. CAMA LINE — — - - - FLOOD HAZARD LINE MAJORCONTOUR— MINORCONTOUR d 1 EM f _ i I3; a! PROIE[T M30J2 ND.: P-001 w P BO 7 iRPE05BE1R ,� € DMWING NO.: 005 GMPNIt $(AlF: 1'y0' 9 NO`] MP SZECTICN MET) WNW REVISIONS BY iNO DATF� -OESQMI NON SUE PLAN W/ AERIAL FOR: 419 DEVELOPMENT LLC MOREHEAD CITY, CARTERET COUNTY, NORTH CAROUNA Q 6190EVELOPMENTLLC MMk 6D5 RAMBLEWOOD DRIVE RALFIGH, NC Z)6pB !la B'IAd10 N'DPlDBRINGPA �� RI.R_ Luber uaxiHE�nn _ nM vu' 3"�60' f�lE•1-]EA E �i¢e R. JU SMEEi $ R 5 Immediately north of the proposed fixed platform, the applicant is proposing five boat slips. Four of the proposed boat slips would be supported by four 3' by 35' finger piers. Three of these four boat slips would have traditional four -piling boat lifts, and the fourth slip would be a wet slip with two outertie pilings. The fifth proposed boat slip would be a single piling PWC lift on the east side of the main pier access, approximately 40' south of the proposed covered platform. The water depth within the proposed boat slip areas range from -1.6' to -2.3' nlw Areas of Environmental Concern (AEC) in the project area include Estuarine Waters (EW), Coastal Wetlands (CW) and Public Trust Areas (PTA). This area of Bogue Sound is classified as SA/HQW, is not a Primary Nursery Area, and is open to shellfishing. There are approximately Coastal Wetlands present, the wetland species was not identified in the field report. Submerged aquatic vegetation (SAV), Halodule wrightii, is present within the project area. Anticipated impacts: This proposal appears to extend beyond the established docking facility lengths within this area of Bogue Sound, with the longest nearby docking facilities at 125-127 Camp Morehead Drive extending approximately 500' waterward as measured from the edge of Coastal Wetlands out into Bogue Sound. This proposal would have shading impacts over the shallow bottom Submerged Aquatic Vegetation (SAV) habitat within this area of Bogue Sound. The proposal would shade 300 square feet of high ground, 210 square feet of Coastal Wetlands, and usurp 41,952 square feet of Public Trust Area. Traditional marine construction methodology would be utilized during the construction of this project. Turbidity impacts are not anticipated during the construction activities within Bogue Sound. This waterbody is not classified as a Primary Nursery Area. Basis for Determination: The project site is in the Town of Morehead City and is subject to the 2007 Town of Morehead City Core Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as "Medium Density Residential" and "Conservation/Open Space" (due to the sites location in Coastal Wetlands, Estuarine Waters and Public Trust Area AECs). The following LUP policies may be applicable to this request: 4.2.6 Areas of Environmental Concern Policy 1, pg. 94: The Town of Morehead City supports state and federal law regarding land use and development in AECs. Policy 2, pg. 94: Morehead City considers coastal wetland areas to be valuable passive recreation areas. These areas should be protected in their natural state. Only uses which are permitted by 15A NCAC 7H will be allowed. Policy 5, pg. 94: Morehead City supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207. E C, EllVE D OCT 5 2022 EIP S'CTIO ! MN ®��2 North Carolina Department of Environmental Quality l Division of Coastal Management '"��/p Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 <xnv 9a09 u !� «�p=i�w� � /'� 252808.2808