105-22Minor Mod Janes, Margaret

Permit Class
MODIFICATION/MINOR
Permit Number
105-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Verint"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Margaret Janes 402 W. Walker St., Kill Devil Hills, NC 27948
Authorizing development in Dare County at adi. to Colington Creek, at 1804 Bay Dr.. in
Croatan Shores S/D, in Kill Devil Hills
as requested in the permittee's letter dated 11/2/22,
including the attached workplan drawing (1) Sheet 1 of 1 dated 5/3/22.
This permit, issued on January 5, 2023 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e suoject to rmes, imprisonment or c vii action; or may cause me pennm to un uu,i auu vviu.
Docking Facility
1) Unless specifically altered herein, this Minor Modification authorizes the boat lift, all as expressly
and specifically set forth in the attached letter and workplan drawings. Any additional development
activities may require a modification of this permit.
2) This permit authorizes one (1) formalized boat slip.
(See attached sheet 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
October 5, 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

Margaret Janes
ADDITIONAL CONDITIONS
Permit No.105-22
Page 2 of 2
3) 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 pemutted structure.
General
4) All debris associated with the removal or construction of the permitted development shall be contained
within the authorized project area and removed to an appropriate upland location.
5) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
6) This Minor Modification shall be attached to the original Permit No. 105-22, which was issued to the
permittee on 10/5/22, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
7) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2021-02586.
NOTE:The Division of Water Resources assigned the proposed project DWR Project No. 2022-1057.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

Bodnar, Gregg
From:
Bodnar, Gregg
Sent:
Thursday, January 5, 2023 8:26 AM
To:
Godfrey, Ella M
Cc:
Stewart, Glenn A; Dunn, Maria T.; Harrison, James A; Pelletier, Josh R CIV CESAW CESAD
(US); Donna Elliott
Subject:
RE: Minor Modification MP 105-22 - Margaret Janes
Attachments:
Margaret Janes #105-22.pdf
Morning all,
Please see above for the issued minor mod for Margaret Janes.
Gregg
Gregg Bodnar (he/him/his)
Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
Greee.Bodnar@ ncdenr.gov
Find a Field Rep (arcgis.com)
NORTH CAROLINAD_E Q �
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Godfrey, Ella M <[e-mail]>
Sent: Tuesday, November 15, 2022 10:53 AM
To: Bodnar, Gregg <[e-mail]>
Cc: Stewart, Glenn A <[e-mail]>; Dunn, Maria T. <[e-mail]>; Harrison, James A
<[e-mail]>; Pelletier, Josh R CIV CESAW CESAD (US) <[e-mail]>; Donna
Elliott <[e-mail]>
Subject: Minor Modification MP 105-22 - Margaret Janes
Good morning,
Attached is a Minor Mod request to MP 105-22 issued to Margaret Janes in The Town of Kill Devil Hills.

Ella M. Godfrey
Administrative Assistant
North Carolina Department of Environmental Quality
[phone], Ext. 231
eIla.Rodfrev(ancdenr.aov
401 S. Griffin Street, Suite 300
Elizabeth City, NC 27909
NORTH CAROLINAD E Qzz>
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.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
it'113
FROM:
THROUGH:
DATE:
SUBJECT:
NOV 1 5 2022
Greg Bodnar, Major Permits Coordinator
Division of Coastal Management, Morehead City
Sarah Loeffler, Field Representative, DCM IJWV
Ron Renaldi, District Manager, Northeastern District, DCM. e2
November 14, 2022
Request for Minor Modification of Major Permit #105-22 issued to:
Margaret Janes
REFERENCE: (a) Letter from George Wood (received 11/7/2022) requesting a
Minor Modification to Major Permit #105-22.
(b) 15A NCAC 073.0405 Permit Modification
(c) DWR Project #2022-1057
(d) USACOE Action #SAW-2021-02586
Minor Modification to Major Permit
1. Mr. George Wood, authorized agent with Environmental Professionals, Inc., has
requested a Minor Modification to Major Permit #105-22, which was issued on October
5, 2022, and expires on October 5, 2027. The original major permit authorized the
construction of ±89 feet of bulkhead including the associated back filling of 733 ft2 of
federal wetlands and the construction of a 125x5' pier on the northwestern side of the
property.
2. Mr. George Wood has requested to modify Major Permit #105-22 by proposing
the construction of a 13'x13' boat lift to be located at the waterward end and on the
southernly side of the previously permitted pier.
3. I conducted a site visit on October 12, 2022, to review the Minor Modification
request pursuant to the provisions of reference (a) and have determined that the request
meets the requirements contained in 15A NCAC 07H.0208 USE STANDARDS. Specifically,
the request to construct a 13'x13' boat lift will comply with 07H.0208(a) and (b)(6)(B),
(E), (G), and (I).
North Carolina Department of Environmental Quality l- Division of Coastal Management
FQP Ellzabeth0tyOff ce 1 401 South Griffin Street, Sulte300 I Elizabeth. City. North Carolina 27909
D 2572643901

North Carolina Department of Environmental Quality
Division of Coastal Management
Memorandum
Page 2 of 2
4. The required fee of $100, paid by Check #2011, was received by the Elizabeth City
District Office on November 7, 2022.
5. It is recommended that the Minor Modification request be granted, provided all
the Permit Conditions of the original permit issued on October 5, 2022, remain in effect.
NOTE: Circulated to agencies including Division of Water Resources (DWR), Division of
Marine Fisheries (DMF), N.C. Wildlife Resources Commission (NCWRC), U.S. Army Corp
of Engineers (USAGE), and Town of Kill Devil Hills.
Attachments: Copy of Minor Modification Request, including work plan drawings
RECEIVE®
NOV 1 5 2022

November 2, 2022
RBYI OHJ R , h
rltu R��u s North Carolina Division of Coastal Management
PLANNING FOR Attn: Ms. Sarah Loeffler
ABETTER
ENVIRONMENT 401 S. Griffin St. Suite 300
Elizabeth City, NC 27909
Dear Ms. Loeffler,
This letter is with reference to the CAMA Major Development Permit #105 — 22 that was
issued to Mr. Margaret Janes on October 5, 2022. As we discussed the addition of a
proposed boatlift would require authorization as a minor modification to the permit. In
accordance with 15 A NCAC 07J. 0405, 1 have enclosed a revised map depicting the
location.of the proposed 13 x 13 area that will be designated for the installation of four
pilings to support the boatlift. Also required is the submittal of a $100 check payable to
the North Carolina Division of Environmental Quality, which is enclosed.
Should you have any questions with regard to this request, please do not hesitate to
contact me.
Sin erely,
a, 114%ii
ore H Wood CEP PWS
cc: Margaret Janes
RECEIVED
Nov 0 7 202Z
DCM-EC
RECEIVED
NOV 1 5 2022
EO. BOX.33G8 • KILL DEVIL HILLS, NORTH CAROLINA 27948
MOBILE: [phone] • OFFICE: 252441-0239 i
EMAIL: obxwoodQyahoo.com

NC Division of Coastal Management
Cashier's Official Receipt
Received Fr
Permit No.:
Applicant's. Name: MQala Ar?,. - "'QAAP4-
Project Address:
Oki
20081(A> c n
Date: 4v V", 202--6- F
$ aE)o r ®®
Check No.: --,o a i
County:%
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: r} s �� 7"7DG.I LYyOi C't 4YA1 /1 X ply
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Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources, Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
105-22
Issued to Margaret Janes 402 W. Walker St., Kill Devil Hills NC 27948
Authorizing development in Dare County at adj. to Colington Creek. at 1804 Bay Dr.. in
Croatan Shores S/D. in Kill Devil Hills as requested in the permittee's application dated 7/14/22,
includine attached workplan drawing (1), Sheet 1 of 1 dated 5/6/22.
This permit, issued on October 5; 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
if these terms maybe subject to tines, imprisonment or civil action; or may cause me permit to De nun ana vole.
Shoreline Stabilization - Bulkhead
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM
within a maximum of 30 days prior to the new expected start of construction.
(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.
Anymaintenanceworkor project modification not covered
hereunder requires thither Division approval.
All work must cease whenthe permit expires on
October 5, 2027
Signed by theauthority of the Secretary of L&Q ana me unar
of the Coastal Resources Commission.
Z_///ew�
Braxton C. Davis, Director
RE.IVD Division of Coastal Management
This permit and its conditions are hereby accepted.
NOV 1 5 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program. MP S�.G:;R t l 2454
Signature of Permittee

Margaret Janes Permit No.105-22
Page 2 of 3
ADDITIONAL CONDITIONS
4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
5)_ The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
7) This permit does not authorize any excavation waterward of the approved alignment.
8) The fill material shall be clean and free of any pollutants except in trace quantities.
9) Unless altered herein, all backfrll material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
10) No backfrll material is to be placed within 30 feet of the normal water level, except that which will be
used to backfrll the area behind the permitted bulkhead.
11) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead.
Pier
12) This permit authorizes only the pier 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 pier without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
13) 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.
14) This permit does not authorize any formalized boat slips.
15) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
16) 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.
17) The authorized structure and associated activity shall not cause an unacceptab�Q�ntegeryttll
navigation and shall not exceed the dimensions shown on the attached permit llraings. a
NOTE: The permittee is advised that sensitive habitat exists within or in close proxi ty tg t ie t orized
project. It is recommended that the permittee consider decking materials th o hght'to'
penetrate to the water's surface and implement 1-inch gaps between deck boards.

Margaret Janes Permit No.15-22
Page 3 of 3
ADDITIONAL CONDITIONS
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) 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.
General
20) 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.
21) 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.
22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-02586).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005084 and assigned the project DWR Project No. 2022-1057.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources..
NOV 1 5 2022

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 22, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Glenn Stewart, DWR 401
Maria Dunn, WRC A14-
James Harrison, DMF
Josh Pelletier, USACE
Donna Elliott, Town of Kill Devil Hills
FROM
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
rq�-a "a , —D'
bda 1 2_6 Id' $:i:�
NOV 1 5 2022
LIP %SECTION P010
CAMA Minor Modification Request to Major Permit 105-22
Margaret Janes
Adjacent to Colington Creek at 1804 Bay Drive; Kill Devil Hills
Construction of a 13 x 13 boatlift
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/06/22 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Sarah
Loeffler at [phone], ext. 232. When appropriate, in-depth comments with supporting data are
requested.
REPLY:
SIGNED
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE
p North Carolina Department of Environmental Quality I Division of Coastal Management
D_E / Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909
owo�m,.�o..a•o.,�.a.�nr 252.264.3901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 23, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
r_. 2.2 • 11.23. �I
TO: Glenn Stewart, DWR 401
Maria Dunn, WRC
James Harrison, DMF
Josh Pelletier, USACE
Donna Elliott, Town of Kill Devil Hills
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
LGEIVE-D
NOV 2 3 2022
CAMA Minor Modification Request to Major Permit 105-22'
Margaret Janes
Adjacent to Colington Creek at 1804 Bay Drive; Kill Devil Bills
Construction of a 13 x 13 boatlift
Please indicate below your agency's position or viewpoint on the proposed;projectmodificationand return
this form. by 12/06/22-to 400 Commerce Avenue Morehead City, NC 28557. You mav�also send your
comments by email. If you have any questions regarding the proposed project, please contact Sarah
Loeffler at .[phone], ext. 232. When appropriate, in-depth comments with supporting data are
requested.
REPLY; / This agency has no objection to the project as proposed.
1 / This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached,
This agency objects to the project for reasons described in the attached comments.
SIGNED AJ��� DATE ) I-7-3 -7,J22
�� � North Carolina Department of Environmental Quality I- Division of Coastal Management
Je
EliiabethgtyOffice 1401 South Griffin Street, Suite 3001 tlizalieth City; North Carolina 27909
�•��ae=� 2522643901

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 19, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Glenn Stewart, DWR 401
Maria Dunn, WRC
James Harrison, DMF
Josh Pelletier, USACE
Donna Elliott, Town of Kill Devil Hills
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
l-CEN D
DEC 1 9 2022
POP SECTMN MHD
SUBJECT: CAMA Minor Modification Request to Major Permit 105-22
Applicant: Margaret Janes
Project Location: Adjacent to Colington Creek at 1804 Bay Drive; Kill Devil Mils
Proposed Project: Construction of a 13 x 13 boatlift
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/06/22 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Sarah
Loeffler at [phone], ext. 232. When appropriate, in-depth comments with supporting data are
requested.
REPLY: This agency has no objection to the project as proposed.
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.
SIGNED NCDMF DATE 19 December 2022
rxmrrau�rni D E Q
.,w�mmimH..�mamo
North Carolina Department of Environmental Quality I Division of Coastal Management
Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City; North Carolina 27909
252.2643901

TO:
FROM:
1-Y11:311:149
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
R. TZIV1FED
Gregg Bodnar, NCDCM Assistant Major Permits Coordinator
James Harrison, NCDMF Fisheries Resource Specialist DEC 11 2022
Margaret Janes, Dare County t!P SECTION IVIA
DATE: 1 September 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 project is located at 1804 Bay Drive, Kill Devil Hills, within Dare County. The
applicant is proposing to construct a vinyl bulkhead that will tie into existing bulkheads on the
neighboring properties. The proposed alignment will average 1.5' waterward of the normal water
line (NWL) with a maximum distance of approximately 2' waterward. A total area of proposed
backfill is approximately 1,206.5 square feet. The applicant is also proposing to construct a 125'
by 5' pier with no platform or other docking facility. Water depths within the proposed
development range from 1.75' (nearshore) to 3.5' at the end of the proposed pier.
The location of the proposed work has a historical record of submerged aquatic vegetation
(SAV). During site visits conducted by DCM staff, no SAV was reported to be growing within
the proposed bulkhead area, but a small amount was present in the area of the proposed pier.
Additionally, the waters of Colington Creek are designated as Secondary Nursery Area (SNA).
Areas designated as SNA provide the specific habitat requirements necessary for juvenile
development of many commercially, recreationally, and ecologically important species. Nursery
areas that feature habitats such as SAV are even more important, as they provide additional
features such as foraging and refuge.
Taking the above into consideration, DMF recommends that the permit include a moratorium of
1 April through 30 September for all in -water work. This will minimize potential impacts to
species that use Colington Creek as nursery area. Inclusion of this moratorium will also
minimize potential impacts to SAV, as work would be completed outside of the active growing
season. Light is one of the most important aspects for SAV to continue to thrive. As such, DMF
would also recommend that the design of the dock include light -penetrating materials/designs,
such as wider gaps between dock boards and/or slotted materials that allow greater light
penetration than wood.
Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at
[phone] or at james.harrisona clp denngov with any further questions or concerns.
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 4, 2023
NORTH CAROLINA
Environmental Quality
RECEIVED
1Y1r'1V1"14911I"U IVI JAN 4 2023
TO: Glenn Stewart, DWR 401
Maria Dunn, WRC
James Harrison, DMF MP SOECTION MID
Josh Pelletier, USACE
Donna Elliott, Town of Kill Devil Hills
FROM: Gregg Bodner, Major Permits Coordinator
Division of Coastal Management
SUBJECT: CAMA Minor Modification Request to Major Permit 105-22
Applicant: Margaret Janes
Project Location: Adjacent to Colington Creek at 1804 Bay Drive; Kill Devil Hills
Proposed Project: Construction of a 13 x 13 boatlift
Please indicate below your agency's position or viewpoint on the proposed project modification and return
this form by 12/06/22 to 400 Commerce Avenue, Morehead City, NC 28557. You may also send your
comments by email. If you have any questions regarding the proposed project, please contact Sarah
Loeffler at [phone], ext. 232. When appropriate, in-depth comments with supporting data are
requested.
REPLY:
SIGNED
X This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE 01/04/2023
�D��v North Carolina Department of Environmental Quality I Division of Coastal Management
`7J/ Elizabeth City Offlce 1 401 South Griffin Street, Suite 3601 Elizabeth City; North Carolina 27909
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