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HomeMy WebLinkAbout28-14 Shue, Christopher & Jennifer£ permit Class Permit Number NEW 28-14 ` STATE OF NORTH CAROLINA ' Department of Environment and Natural Resources and Coastal Resources Commission permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 7 Issuedao Christopher and Jennifer Shue, 2987 Jack Whitener Road, Newton, NC 28658 } .Authorizing development in Onslow County at Chadwick Bay, 159 Big Hammock Point t :Roo Pelican Point SM as requested in the permittee's application dated 6/20/13 _ including the This permit, issued on March 24, 2fll d is subject to compliance with the application (where consistent wiilfthe permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may pe subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Observation Platform In accordance with commitments made by the permittee, by email dated 1/19/14, no tie -pilings will be installed at the permitted docking facility. Any and all references to tie pilings or boatslips in the attached permit application or workplan drawings are hereby considered null and void. 2) Unless specifically altered herein, this permit authorizes the observation platform 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 observation platform without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) h This;lpermit action may be appealed by the permittee or `other qualified persons within twenty (20) days of the issuing date AA: appeal requires resolution prior to work initiation or continuance as the case may be. 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-woik'must cease when the permit expires on December 31, 2017 this permit, the State of North Carolina agrees iect is consistent with the North Carolina Coastal Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Bra t'n C. Davis, Director Division of CoastalManagement This permit and its conditions are hereby accepted. Signature of Permittee and Jennifer Shue ADDITIONAL CONDITIONS Permit #28-14 Page 2 of 3 Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. -4) , 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. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. d 6) c_ This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 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 a minimum, permanent ' reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. &) '> This permit does not authorize any formalized boatslips. General 9). The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the f opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made sagainst the United States or the state of North Carolina on account of any such removal or alteration. 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. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. )TE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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. ktopher and Jennifer Shue Permit #25-14 Page 2 of 3 ADDITIONAL CONDITIONS :f Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated.a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 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. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. `This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury' which may be caused from existing or future operations undertaken by the United States in the public interest.. 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or. inclement weather. This permit does not authorize any formalized boatslips. Generai The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause " unreasonable obstruction to free navigation of the.navigable,waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work "or obstructions caused.' thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. This permit shall not be,assigned, transferred, sold, or otherwise disposed of to a third party without the writ4en approval of the Division of Coastal Management. The permittee and/or his or her contractor shall meet with a representative of the Division prior to proiect initiation. �T)E:' This permit does not eliminate the need to obtain any additional state, federal or local permits, �. approvals or authorizations that may lie "required. TE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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. r'�` OCM MP4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A N/A Applicant 1: First Name MI Last Name Christopher M Shue Applicant 2: First Name MI Last Name Jennifer B Shue If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 2987 Jack Whitener Rd. Newton NC ZIP Country Phone No. FAX No. 28658 USA 828-850-5660 ext. N/A - Street Address (d different from above) City State ZIP Same Email croshue@live.com 2. Agent/Contractor Information Business Name None Agent/ Contractor 1: First Name MI Last Name None Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State None ZIP Phone No. 1 Phone No. 2 None ext. ext. FAX No. Contractor # Street Address (if dillerent from above) City State ZIP None Email None <F91ncf,1ir2tlIT on back> REGEIVtu DCM WILMINGTON, NC JUL 0 3 2013 DCM-MHD CITY Form QCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Onslow 159 Big Hammock Point Rd. Subdivision Name City State zip Pelican Point Sneads Ferry INC 28460 - Phone No. Lot No.(s) (rf many, attach additional page with list) 828 - 850 - 5660 ext. 13, 1 1 , a. In which NC Over basin is the project located? b. Name of body of water nearest to proposed project White Oak River Chadwick Bay 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 Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Stump Sound 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 75.34 feet 23,373 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 23,373, 1 1 NWL (nomral water level) (If many lot sizes, please attach additional page with a list) 4 ®NHW or ❑NWL e. Vegetation on bad Normal Lawn Grass, Wetland on bay side f. Man-made features and uses now on tract None g. Identify and describe the existing land uses adjacent to the proposed project site. Single family residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R15 (Attach zoning compliance certificate, N 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? RECEIVEU RECEIVED <Form continues on next page> DCM WILMINGTON, NC JUL 2 4 2013 JUL 0 3 2013 DOM-MHrJCITY Form RCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []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? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Public sewer o. Describe existing drinking water supply source. Public water p. Describe existing storm water management or treatment systems. Storm water management compliant. Engineered by Michael Gallant as directed by CAMA & AcSvides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemmerd ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Private individual homeowner use. 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. Normal piling installation. Decking with normal hand/power tools d. List all development activities you propose. Construction of dock. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from this proposed pmject? N/A ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stomtwater be discharged into a wetiand? []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 mlti ypnffwal. QCM WILMINGTON, NC JUL 2 4 2013 <Form continues on back> JUL 0 3 2013 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & 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) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Mr. Edwin Ball Phone No. Address 102 Tasha St Sneads Ferry, NC 28460 Name I.O.M. Developers Phone No. Address 466 Stencil Rd. Angier, NC 27501 Name Mr. Brian Shepard (Shellfish franchise holder) Phone No. Address 150 Charles Creek Rd. Sneads Ferry, NC 28460 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. Corp of Engineers Nationwide 18 discharge of fill into 0.04 Action ID number 200200995 February 5, 2005 acres for single family home. h. Signed consultant or agent authorization forth, if applicable. i. Wedand 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 project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date June 20, 2013 Print Name Ghristo her Mark Shue Signature S Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Fexk4 Sant ❑DCM MP-4 Structures}YnFFoVrmatlon RECEIVED DCM WILMINGTON, NC JUL 2 4 2013 JUL 0 3 2013 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 ❑PubliclGovemment OPrivatelCommunity ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or piers) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number 1 If yes: (iii) Length 390 (ii) Number (iv) Width 6 (iii) Length _ (v) Floating []Yes ®No (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? []Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 16 (iii) Length (iv) Width 16 (iv) Width (v) Floating []Yes ®No Note: Roofed areas are calculated from driplirre dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ 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: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: None I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel skiff, open runabout ®Open water; no dredging required []Other; please describe: k. Typical boat length: 22 1. (i) Will the facility be open to the general public? ❑Yes ®No m. (i) Will the facility have tie pilings? RECEIVED ❑Yes ®No RECEIVED DCM WILMINGTON, NC (ii) If yes number of tie pilings? JUL 2 4 2013 JUL 0 3 2013 DCM-MHD CITY 2. DOCKING FACILITY/MARINA OPERATIONS 0This 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. N/A c. Describe the disposal of solid waste, fish offal and trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. None (ii) Give the location and number of'Pumpout Available" signs proposed. None f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A h. Give the number of channel markers and "No Wake' signs proposed. None I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area None water quality. j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? N/A I. If this project is an expansion of an existing marina, what types of services are currently provided? N/A RECrlU m. Is the marina/docking facility proposed within aprimary o'rsehconds nursery area.? ❑Yes SNo JUL p RECEIVED DCM WILMINGTON, NC JUL 0 3 2013 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. OCW 1368 ❑SAV ❑SB _ ❑WL _ ❑None p. Is the proposed marinaldocking 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. Bottom is shellfish franchise as is most of Chadwick Bay. Active areas as marked with PVC pipe is approx. 300 feet from proposed dock. Franchise holder is: Mr. Brian Shepard 150 Charles Creek Rd. Sneads Ferry, INC 28460 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑PubliMGovemment ❑Private/Community (it) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, stteelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable S. (I) Number (it) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheelpi/e, etc.) 0This 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): b. Number _ ❑Commercial ❑PubliciGovernment ❑Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing _ RECEIVED RECEIVED 7. GENERAL DCM WILMINGTON, NC JUL 2 4 2013 JUL 0 3 2013 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15 feet 220 feet Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 2280 feet e. (i) Will navigational aids be required as a result of the project? ❑Yes SNo ❑NA (ii) If yes, explain what type and how they will be implemented. N/A d. Water depth at watemard end of structure at NLW or NWL 2'2" 8. OTHER SThis section not applicable a. Give complete description: Date June 20, 2013 Project Name Shue Applicant Name Mark Shue RECEIVED RECEIVED DCM WILMINGTON, NC JUL 2 4 2013 JUL 0 3 2013 h kr 7� projec} unit, fte+ requ'tre_ 15' 5e+back, Waver -: WW Q °12><t6 (} Pjo, • Tare 0 APPRO MM Wat C H A 0 - �ATf1P UNE S!S LOT 12 WEnAND6 LME TABLE -.�... LINE BEARING LENGTH Lt N40'49'52"E 1.12 L2 N40'4 'S "E 13.81 L3 S73'17'41"E 28.92 L4 N30'52'42"E 13.93 L5 NO2'53'30"E 23.16 L6 N61'56'30"E 13.14 L7 N14'i '1 "E 7.98 L8 N14'13'12"E 8.16 N 8'07"W 18.92 N '20'it"W 13.47 E12 N '31'27"E 15.45 N38'07'17"W 16.61 N11'06'17"W 42.39 c r L O ui P iT u C K B A Y 0000) ) 3 sq.rt. L2ro L4 VPIA" AREA VICINITY MAP - NOT TO SCALE 4 DC RECEIVED W M N TON,, NC JUN262012 LOT 14 A d RECEIVED P\ � I i `-404 WETLANDS LiiiC 2 2013 DCMl NIHDCUY LEGEND: SIS SET IRON STAKE EIS EXISTING IRON STAKE R/W = RIGHT OF WAY R W 600.0' TO RfW (( DRIVE 0 om N wzo � � log► Z p7 Wooce 14YD& o� befr<<r ►' /a rk �re�✓N, per 5)7" it 7C)1G'an POI/) f � of- ) 3 ZX6 c�`rck:n� r Sf'Nn�eP vaffS d to w t j �ilii{q Skis Y l G•✓ Pew®a. Jlp 6wi- or py.F: crncr.s ma pe,) Can n S;de- V, ec✓ i ©�/,s// 3 deZ(10' to rleotcs} Ac}rve Sloe/10;SL i�grJeSfi✓� 230 e�dock o r � o � e_4r411 c 0 w z z C)VtPhetj V 7 e"I t op pp o N ti ChAfiw�ck C ��,ek Q`� 162� i Mara `}- 3-e,V All SAut- r PwiCten POin� 06i,s'�� 3 v Mark �enni�- Shut f"cll Can Ppi n t ko} 13 ©611.013 OVe-rv,ew oT;t 41, .?°V'r C3,ad wi ck Acres 12, C LOT 1? o cV N n WASTAL WEMANOs DE4NEA710N N rd P (E)fiSTMG RAGGED LINE t) 3D' CAMA BUFFER 75' AEC L'NE " c a01CuN \ A W i dC tJ } EIR 0.43' 1 OFF uNE S56'32'58"E 310.09' _ zs.o0 34.49• - 125.5T- . 25.92' 9.DT ZJO-fYi N36'S8'49'E/ COASTAL I. - / / J /j - - WEitANDs ; _.,may MiETtAND9 .'...'.'... / o: /. �.................... �j �COASTAI BARRIER / /f- �. - �- - - ) C {jj . RESOURCE SYSTEM AREA / ' / / 4°.N • /. / - - �• - - LOT 13 L--12,596 Sq. Ft _ yt� 7: - •' � = AS OF OCTOBER t, t9�8A3 FtAcam ar> + / 70( GOAST 89 Acres .. { '. (ABOVE NMHV& / FLAG ...�. ) .'. . Grill _ / ! c, T / �� / /^� o ' / •' // / j / tJR 0.47• ?� 7. i'� . ." 4043.... ..... / 4F LINE ELECTRICA ' 313.20' PEDESTAL N56'32'58'�wi par o ^ BARRIER ----..! 4a *E�NDs LINE COASTAL AS PER N.9. 32 P. 84 SZ- 10CACA RESOURCE SYSTEM LINE I EIR 0 py; H9S sev i puel SURVEYED THE PROPERTY AS SHOWN HEREON IN ACCORDANCE WITH THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA. THAT THE RATIO OF PRECISION Ac;SdWi�^BY LATITUpES/d2VL>n DEP TORE- � tJ h CHADMCK BAY x . ICA 15 ��pa-roan Setls�9cK 0brerjm/' L:ini+ M d U IN FLOOD ZONE _GAF"(EL.=9') WHICH IS A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEkNT AGENCY, AND THE NATIONAL FLOOD tF` - %-=ROGRAM. COMMUNITY PANEL NUMBER Ii9yE B_cg 3. 2005 A PORiivi. ELIGIBLE FOR FEDERAL FLOOD INSURANCE AS OF OCTOBER 1, 1983 U Z " W 0 >F, (j o r Z W U� 0 w� J Q� U 1 l a rk `d' nJ cam✓ ., �e/ ��tu� P�1iC�n Aoint �ofi 1� ,I�sJr3 DJerVr e✓ 20412 Pelican Point Dock Owners Association 167 Big Hammock Point Road Sneads Ferry, NC 28460 (910) 327 0776 February 07,2006 Mark & Jennifer Shue 2987 Jack Whitener Road Newton, NC 28658 Reference: Pelican Point Dock Owners Association Slip No.8 Pelican Point Properties Lots No. 13 & 14 Dear Mark & Jennifer, RIC 1�6 1 6(�7/ As the owner of Lots No. 13 & 14 in Pelican Point you had ownership of Slip No. 8 on the Pelican Point Dock Owners Association (PPDOA) pier as indicated in your deed. A consequence of having a slip on the PPDOA pier placed a restriction in your deed from having a pier or walkway on either of your Lots No. 13 & 14 to Chadwick Bay. In 2005 you sold Lot No. 14 along with the all rights to Slip No. 8 on Pelican Point Dock Owners pier to Stancil Builders Inc. of Angiers, NC. Since only one slip was allocated to the combined Lots No. 13 & 14, your Lot No. 13 no longer has a slip or rights to the Pelican Point Dock Owners Association pier. The Pelican Point Dock Owners Association gives consent that you may remove the restriction on your deed for Lot No. 13 from having a pier or walkway to Chadwick Bay. If you require any fiuther information please do not hesitate to call me. F Kalten, President /e;es�7 elican Point Dock Owners Association i=-EwED DCM WILMINGTON, NC JUN 2 6 2012 RECEIVED JUL 2 4 2013 DCiv VM CITY S �4 -,5b- �I/-) Bailey & Way ATTORNEYS AT LAW 801 ARENDELL STREET, SUITE 8 PO BOX 188 MOREHEAD CITY, NORTH CAROLINA 28557 JOHN E. WAY, JR. GL.ENN BAILEY TELEPHONE (252) 726-6134 FACSIMILE (252) 726-2900 bailt,yway@hotmail.com June 29, 2012 CAMA Permit Office Planning & Development Department 604 College Street Jacksonville, NC 28540 Re: Christopher M. Shue and wife, Jennifer B. Shue Lot # 13 Pelicans Point, Sneads Ferry, NC CAMA Permit Officer: RETIRED I am writing this letter as attorney for Christopher Shue and his wife, Jennifer Shue. In accordance with the attached deed, the Shue's have conveyed Lot 14 in Pelicans Point and retained Lot 13. 0 The lot they sold had a dock attached however the lot they retained, Lot 13, does not have a dock associated with said lot. Please note that the legal description of Lot 14 is included on Exhibit A. If you have any questions regarding this deed, please feel free to contact my office. In summary, my clients are the owners of Lot 13 and there is not a pier or dock associated with said lot. Very truly yours, BPAEY & WAY� John E. Way, Jr. Enc.: NC General Warranty Deed �ECcr VED DCM WILMINGTON, NC 'UN 2 6 2012 RECEIVED JUL 24 2013 DCM-MHD CITY Page f of 3 AVBOW(I 810 PAGE 0 18 1M2 At 12 R1 4 05 -- �,•••�• o7n2nma 0�,1�n0p 0125.00 f�"� Exolso Tu NORTH CAROLINA GENERAL WARRANTY DEED 13dvibs: s125.06 PIumIWmd6vNa VedBedby &WC the_dsyQ 20 M&S"to: uvan ey, omeys, os ice BOX J33% bun Uty, ss and Faidey, Morney3, Pas, OMm Box 1110, Surf City, NC 28445 This im4ummt wee prNercdby Fu Bde[desmiptim SLIP 77B3 DBBD suds thieLdayO[- J 20 �Zbyandbetasea sp u. V '"e S/! : 4! �G Dennis Bunnocore 1 Chds:ophm M. Shue and wife, iL j 34 Wendover Dr. Jennifer B. Shue �O Huntington, NY 11743 4035 Mihup Lmc Maiden, NC 29650 O Z , C O V7W1W- H r O 7be dmilludm firaamraed n musedhaemshsB Whde said putIM thk kin6 auxaam., sod osegpM evd shall inolede smgdv,phmd, mmndme, [emidm maenss ursgidred by eomut WnNBSSB7i dW tbcOnom,[ors valuable cmQmtImpddbyshe O w1m, theraeipio[wbichbhsehyackmwledgcd, hu Wrsepr bytbmmbdowvMbugamm,wU=dc=mydmam ciofm �kPilthetxsaiolumpmccl o[Isodsibutodia ckyof Tosvmhip, mow pmdcululy deauibcd u follows: Comy,NorthfSuo�aaedmme Sea Amched The p-mlY hucluebove dumbed was acqucadbY Onotor6y m3Wnmisamdcd in Book 1272 PW 7SI A mV showks the above clumbedpmperty b semrded In PluBmk 30 �v 23 NCBvAss dmim FcmNo. 1A(D 1976, Revised* 1977,2002 Psin by Ageemem with the NC DuAssmisdm-1981 SoRPm Ca9maeog333&SixFmb PA,Rabis14NC27609 Book: 1870 Page, 1977-Current: 18 1! Page 2 of 3 S BOOM 1870 PIKE019 { ATTACNMPNr BEING all of Lot(s) Number Thirteen (13)) and Fourteen (14), as shown on pat entitled. *Survey of Property designated as Pelican Point; ((fomnerly'Division of Chadwick Acres-1990, Phase %All) prepared by Cowan and Jones, P.A. dated September 27, 1993 and recorded in Map Book 30, Page 23. Slide G•211. Onslow County Registry and revised in Map Book 32, Page 84, Onslow County Registry. There Is conveyed and assigned herewith the perpetual right and errcluslve right to the use of boat slip If%as shown an Map recoded in Book 1254, Page 171, Onslow County Registry, • Subject to Boat TO Restrictions and Oeclarations Protective Covenants of Pekan Point Do& Restrictions in Book 1264. Page 181 through 171, Onslow County Registry. This conveyance Is also made subject tot he restriction that no construction shah be permitted into Chadwick Bay which restriction shall run with the land and shall be binding an Me grantees, theim and assigns. Swett to Deed of Easement of Pelican Point Dock Owners Assaola0on, Inc., dated August 15, 1095 and recorded In Book 1265. Page 250. OnslowCounly Registry. Subject to Restrictive Covenants recanted in Book 1145. Page 445, Onslow, County Registry. 19a 161 Mwlurae POW Rd. BnWft ray, No 2elea Book: 1870 Page,1977-Current: 18 Seq: 2 Pago 3 of 3 BUOY 1810 09020 TOHAVHAtmMHOIDmea&reddlatmpuaeloflm6ae6aHFennlcge rodeyPol�mwe memWo mlheasmmeIn ftottmple 6 4de, fhatide it mrlteublemdSea ad clarofaReoeombrsneea, rod that Gramem wfll am aWdeflodthe Ettaagmstthe fawEd ela® edaupaaom who®oevc, olber®m lho following exccp&= Restrictive covenum remtded in Book 1145, Page 415. ad Book 1254. Page 161, Onslow Coony Registry. IN WnNM WHEREOF, fix Ormmrhu duly emmkd thefbmguhy da 6raabove writtta (Emdy Name) nu Ougnocare Title Hy T,dr b'meofNmm Ouolma-Comfyof e1 LdmunierapWNowyPobBcoftbo Cm"ndStoeafdeuid,m*dat Dennb Bmnocme pascnd ay ,mdbefore me fhis day ad � the egaLes mtfarthnpmpausmetelne prcnc , W beodandNota w3um or �/ 1 g ,�, aAM a SA:rAMNl My Cam 4ml0nEvlmL to AJ __,W c PYmd Nan OudNm In IIu tdk Oomb_/_ .,Rlo K 1 the tmdasignd Noury l9tbge of the bWUabiel aoddw by aWaity dolt' em codas dw act ofnwh mti ,__he signedthe faregomginshommt in its nmemflr behalfufsaaaddeed. Wiu=tcy hmdmdNohtW stamp msal, dde_dayof. .20 . MyCammiamo Eapim: NotsyPublie Bum of Nordt Oudins- Caay of f.theodmigiNNomyPublieofftCmmyadStut-f asid,oudymu Wham te.had and Notaial sump octal, this —day of 20 . MyCanmim=E = Not yPubBc of Dads fm Onslow Ntmy Dcpuy/Aw ieum - Reyiata of Dreds NCBUAaadadon Fm No.1,301974ReviadOL97/,1001 PrtnudbyAipeemmtvdthdw NCBVAtnteistlnn-1981 SaRPm Corp=WM333B.SixFalu Rd,Rdeigb,NC27W9 Book: 1870 Page, 1977-Current: 18 3 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 2. 3. 4. 5. 6. 7. 8. APPLICANT'S NAME: Christopher and Jennifer Shue LOCATION OF PROJECT SITE: The property is located at 159 Big Hammock Point Road (Lot # 13), adjacent to Chadwick Bay, in Sneads Ferry, Onslow County. Photo Index - 2006: 28-6496, K-L, 12-13 2000: 28-386, K-L, 12-13 1995: 28-377, L-M, 20-21 State Plane Coordinates - X: 1571371 Y: 3052597 GPS File: N-071814A Lat: 34°31'28.06"N Long: 77'22'11.43 "W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — May 2012, 7/18/2013 Was Applicant Present — Yes and No PROCESSING PROCEDURE: Application Received — Completed on 7/3/13 Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Classification From LUP-AEC areas are classified Conservation and Resource Protection. (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private RECEIVED (E) Wastewater Treatment: Existing — Private Planned -None (F) Type of Structures: Existing —None JUL 2 4 2013 Planned — Additional pier, platform and tie -pilings. (G) Estimated Annual Rate of Erosion: N/A Source - N/A BC'v! MC'-TY HABITAT DESCRIPTION: [AREA] DREDGED EILLED OTHER (A) Vegetated Wetlands 1,260 sq. ft. (pier shading) (B) Non -Vegetated Wetlands - open water 256 sq. ft. (C) Other (Highground) (D) Total Area Disturbed: 1,516 sq. ft. (shaded and open water) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes PROJECT SUMMARY: The applicant proposes to install a pier, platform and tie -pilings out into Chadwick Bay. RECEIVED Christopher and Jennifer Shue Page Two 9. PROJECT DESCRIPTION: JUL 2 4 282 DP_Vv '.v`..`1DCITY The project site is located at 159 Big Hammock Point Road (Lot 13), adjacent to Chadwick Bay, in Sneads Ferry, Onslow County. To get to the site from the Wilmington Regional Office, take US Hwy 17 N to Old Folkstone Road in Holly Ridge (approximately 30 miles) and turn right. Continue approximately 6 miles along Old Folkston Road (crossing through at the intersection of Old Folkstone and NC Hwy 210) and turn right onto Chadwick Acres Road. Travel approximately 2.5 miles and turn left onto Big Hammock Point Road. Continue along Big Hammock Point Road and the subject property will be located along the left hand side of the road. The lot is approximately 0.53 acres and is undeveloped (with the exception of fill material that was brought to the site years ago). The high ground portion is elevated approximately 2-4 feet above Normal High Water (NHW). Vegetation on the tract consists of lawn grasses, Coastal and "404" type wetlands. Coastal Wetlands species found on/adjacent to the property include: Glasswort (Salicornia spp), Black Needle Rush (Juncus roemarianus), Sea Lavender (Limonium spp.), Spike Grass (Distichlis spicata), Bulrush (Scirpus), Smooth Cordgrass marsh (S tina altern�ora) and Salt Meadow Hay (Spartina Patens). The area of wetlands adjacent to the site spans approximately 210' in width and is intersected by a 15' wide finger canal, or mosquito ditch near the open water area of Chadwick Bay. The applicant has approximately 75 linear feet of shoreline along the Chadwick Bay, none of which is bulkheaded. The applicant's property is part of a subdivision called "Pelican Point". Currently, the subdivision has a ten -slip community docking facility, located along the Atlantic Intracoastal Waterway (AIW W), which provides dockage for many of the residents within the subdivision. The docking facility was issued on April 24, 1995, under CAMA Major Permit #43-95. In addition to the docking facility approved under the original CAMA permit (No. 43-95), a wetlands mitigation plan was also authorized that allowed for the placement of fill material on certain lots within the subdivision. Relevant to the subject property, a Condition (Condition No. 15, entitled "Deed Restrictions") was inserted into CAMA permit #43-95, that specifically stated the following: "Deed restrictions shall be placed on the owners of all unsold lots on Chadwick Bay, specifically lots 8, 9, 13, 14, 15, 16 and 17 that prohibits them from construction out into Chadwick Bay. The owner of Lot 46 shall also have deed restriction prohibiting construction waterward of M71R'since it will be entitled to a boat slip within the community pier and dock. " As is has been determined, through file review, the applicant's Lot (Lot #13) was one of the lots in the subdivision that had a vested interest in the community boat dock. However, the applicant chose to sell off the rights to that slip as part of a real estate transaction that included the sale of lot 14, which was also owned by the applicant. Essentially, as it is understood, the applicant purchased Lots 13 and 14, but only had one designated slip at the community facility for both lots. Instead of keeping the dedicated slip and have it tied to lot 13, the applicant chose to sell the rights to that slip when he/she sold Lot 14. As a result, Lot 13 no longer has a vested interested in the community docking facility. Subsequent to issuance and expiration of CAMA permit #43-95, another CAMA permit (# 118-05) was issued on July 15, 2005, to the Pelican Point Boat Owners Association, which authorized modifications to the existing facility. As part of the # 118-05 permit, Condition No. 2) referenced Condition No. 15) of CAMA permit #43-95 (i.e. deed restriction language). CAMA permit # 118-05 expired on December 31, 2008. By way of CAMA permit condition No. 15) on CAMA Permit #43-95 and Condition No. 2 on CAMA Permit # 118-05, construction of an individual private pier/docking facility would be prohibited on the subject lot (Lot #13). In addition to the items noted above, the applicant has also proposed to construct the subject pier in an active Shellfish Franchise area. According to DMF records, Shellfish Franchise No. 26-C-94, is active and managed/owned by Brian Shephard. The franchise covers most of the southern end of Chadwick Bay and includes the area where the applicant plans his/her development. Further information on this Franchise can be obtained by calling Craig Hardy with the Division of Marine Fisheries at 252-808-8046. The waters of Chadwick Bay, adjacent to the project site, are classified as SA by the North Carolina Division of Water Quality. They ARE designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. rti RECEIVED ;f. Christoper and Jennifer Shue Page Three PROPOSED PROJECT: JUL 2 4 2013 DOM-MM CITY The applicant proposes to construct a 6' x 390' access pier and 16' x 16' platform along the western side of the property, adjacent to and extending into Chadwick Bay. As proposed, the pier would originate along the western property boundary (just above the Coastal and "404" type wetland limits) and extend towards the west approximately 390'. The pier would measure 6' in width and would terminate at the junction of the planned 16' x 16' "t-head" platform. As stated in the application package, the structure would be uncovered and used for fishing, crabbing and other water related activities. In addition to the pier and platform construction, the applicant is also requesting approval to install four tie pilings, two located on each side of the proposed platform. The tie -pilings would be installed to moor two (2) vessels, one located on each side of the planned platform. As planned, the entire docking facility would extend approximately 175' beyond the outer edge of the marsh. According to information obtained by DCM staff on the 7/18/13, during a site visit, water depths at the terminal end of the pier/platform range between -1.2' and -1.6', relative to Normal Low Water (NLW). During an average high tide, water depths around the proposed facility average -2.0', relative to NLW. According to the work plat drawings, the proposed development would be located outside of any channel, is within '/4 of the width of the waterbody and within the applicant's riparian corridor. There is no established pier -head alignment along this section of Chadwick Bay; however, there is an existing pier located immediately south of the property (+/- 200' away). The neighboring pier extends approximately 110' out into Chadwick Bay, as measured from the edge of the marsh to the terminal end. 10. ANTICIPATED IMPACTS As proposed, the planned development would incorporate approximately 1,516 sq. ft. of Estuarine and Public Trust Waters (shading and open water impacts). The applicant has approximately 75 linear feet of shoreline allowing up to 600 sq. ft. of platform or docking space. As planned, the total square footage of the docking facility (would total approximately 256 sq. ft. Aside from temporary impacts, as a result of piling installation, no impacts to Coastal or "404" wetlands would occur as a result of construction. As previously indicated, the planned development would be located within the applicant's riparian corridor and within'/4 of the width of the waterbody. Short term increases in turbidity could be expected due to piling installation. Lastly, the planned development would be located in a shallow water PNA, as well as within an active Shellfish Franchise (DMF Franchise No. 26-C-94). Should a permit be issued, coordination shall be made between the applicant and the Franchise hold, and the franchise holder shall be allowed to stake, or mark, an accessway to his/her franchise. Submitted by: J. Dail Date: July 19, 2013 Office: Wilmington DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Pelican Point Subdivision - Live Oak Development Co. Dean Scarafoni LOCATION OF PROJECT SITE: Between Chadwick Bay & AIWW at the end of State Road 1553 Photo Index - 1989: 168-8 grid 21, C,D 1984: 25-277 grid 5, E,F State Plane Coordinates - X: 2491200 Y: 286000 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visits August 29 and October 19, 1994 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - January 17, 1995: 6. SITE DESCRIPTION: Office - Wilmington (A) Local Land Use Plan - Onslow County Land Classification From LUP - Limited Transition (B) AEC(s) Involved: PT,EW,ES CW (C) Water Dependent: Yes - Partially (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Municipal Sewer System Planned - N/A (F) Type of Structures: Existing - Residence, 3 piers (2 complete, 1 partially constructed), paved road Planned Single-family residences, community dock & pier with 10 boat slips, single pier (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED IMPACTED (A) Vegetated Wetlands under piers 2036 S.F. Spartina patens Spartina alterniflora Salicornia spp. Limonium spp. Juncus spp. Borrichia frutescens Distichlis s ip cata Scirous spp. (B) Vegetated Wetlands on lots 12 & 13 3819 S.F. Salicornia spp. Distichlis spicata Limonium spp. ScirRus s (C) Incorporated Estuarine Shoreline and 7180 S.F. Public Trust Waters (D) Totai Area Disturbed: 13,035 S.F. (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Yes. 8. PROJECT SUMMARY - The applicant proposes to finalize the development of a 48 lot, single-family, residential subdivision which they recently purchased. Also proposed is a 10-slip marina and community pier, the completion of construction of a single pier on lot 2 to be used by the owners of lots 1,2 and 7 and the creation of wetlands by removing fill from previously filled wetland areas in order to compensate for potential wetland encroachment on lots 12 and 13. Pelican Point Subdivision Dean Scarafoni February 7, 1995 Page Two 9. PROJECT DESCRIPTION The project site is located in Chadwick Acres at the end of SR 1553 in Onslow County. It is basically a peninsula which is bordered by the AIWW on its southern side and Chadwick Bay on its northern and eastern sides. A recently paved road exists that extends the length of the site and forms into a cul-de- sac at the northeastern end. All of the lots have been platted and are accessed by the existing paved road. The entire property is approximately 40 acres consisting of 1\2 to 3\4 acre size lots. Several of the lots have already been sold. All of the lots have sewer tap permits and the property has existing sewer lines that feed into a municipal sewer system. Shell middens, which suggests the possible presence of archaeological artifacts, were observed on several of the lots located adjacent to Chadwick Bay near the entrance to the development. There were also several pockets and recessed low lying areas that are inundated with coastal and 404 wetlands. For that reason, the entire project site was flagged by CAMA and Corps of Engineers representatives with the applicant to delineate the federal and state wetlands. The submitted plats depict the delineated wetland lines. There are also existing spoil piles shown on the plat which are located at the eastern end of the development adjacent to lots 22 through 25 which appear to be associated with a man-made canal. The surrounding waters of Chadwick Bay and the Atlantic Intracoastal Waterway are classified as SA waters by the Division of Environmental Management. The upper reaches of Chadwick Bay and the waters adjacent to the edge of the Waterway channel and extending to the MHW line of the site are designated Primary Nursery Areas by the Division of Marine Fisheries. All of the adjacent waters are open to shellfishing and as a matter of record there are at least two shellfish leases in Chadwick Bay , that border several of the platted lots. Mr. Robert Jenkins, Jr., owner of one of the shellfish leases adjacent to several of the platted lots, has already presented written opposition to any piers which may extend into his lease. However, while considering the wishes of lease owners and supporting their right to earn a living, General Statute 113-202(a)(4) of the North Carolina Fisheries Rules for Coastal Waters states "Cultivation of shellfish in the leased area will not impinge upon the rights of riparian owners". Therefore, Mr.Jenkins's objection would probably only serve as an inconvenience to potential applicants by forcing them to obtain a major rather than a general permit. The other lease owner, Mr. Brian Shepard, has given limited approval to individuals requesting minimal access piers into his lease area. There is also an Intracoastal Waterway Right -of -Way that extends the entire southern length of the property ranging approximately 120 to 300 feet landward of mean high water. The Right -of -Way stipulates that no permanent structures can be constructed between it and the Intracoastal Waterway (piers and docks are not considered permanent structures). This stipulation covers the entire southern shoreline of the project site as measured landward from the MHW contour and limits where houses can be located within that portion of the development. In addition, there can be no construction within 85 feet of the near bottom edge of the AIWW without written consent from the U.S. Army Corps of Engineers. The applicants acquired this property after another developer had initiated the development process, including the installation of roads and water, sewer and power utilities. The present applicants were under the impression that the project did not require a major permit. This opinion was based, in part, on the lack of full disclosure information provided by the original owner to regulatory agencies who originally investigated the site. This office entered into a process of negotiations with the applicants after we determined that there was sufficient activity proposed on site to warrant a major permit. This Pelican Point Subdivision Dean Scarafoni February 7, 1995 Page Three decision was precipitated by the discovery of the multiple use pier ( 3-lots) under construction by the applicants. This activity had received an exemption fron the Local Permit Officer. The notion of a common pier to minimize impacts was a positive action. Unfortunately the method by which the structure was authorized was an incorrect application of the regulations. The overall review of total project impacts through the major permit afford the applicants the opportunity to request actions which may not be available to individual lot owners and which will provide for the maximum protection of the adjacent coastal environment. Within the major permit application, the applicant has submitted a plan for a community pier and ten boat slips on lots 47 and 48 to serve all of the owners of the unsold lots on Chadwick Bay with the exception of one slip reserved for the owner of lot 46. Deed restrictions would be placed on owners of unsold lots on Chadwick Bay that would prohibit them from construction out into Chadwick Bay. A community pier, located adjacent to the AIWW, would allow owners of unsold lots adjacent to Chadwick Bay access for their boats while reducing the impact of construction in Chadwick Bay. The proposed community pier is approximately 80.ft long by 5 ft wide as measured from the MHW contour and will be connected to highground across adjacent wetlands by a 305 ft long by 5 ft wide walkway terminating at the landward in a 15 ft long by 5 ft wide access ramp. The entire pier and walkway is to be elevated over all marsh. At the waterward end of the pier (approximately 80 ft from MHW) is a proposed 150 ft by 6 ft fixed dock which runs parallel to the AIWW. The dock is proposed to have five 3 ft by 16 ft finger piers spaced approximately 27 ft apart extending from the waterward side of the dock. The dock and pier is proposed to provide docking for ten boats. The entire pier, dock and finger piers are proposed to be greater than 85 ft from the near bottom edge of the AIWW channel. There is no proposed dredging or filling activity to be associated with the construction of the community pier and dock. A single pier on lot 2 (which, as mentioned above, was already partially constructed before submitting the application) to be used by the owners of lots 2, 5 and 7 is also proposed to be completed. It was recommended by the local CAMA representative in order to avoid riparian rights confusion in the corner location and to lessen construction impact on Chadwick Bay and interference with shellfish harvesting. It does enter into the lease area of the individual who has expressed his concern with the action. As a part of the major permit proposal the applicants propose to complete the pier: When finished it will be approximately 155 ft long by 4 ft wide with a 20 ft by 8 ft dock at its waterward end. An additional 109 ft by 4 ft walkway over wetlands is proposed to extend from the landward end of the pier beginning at the MHW line and extending to highground. As can be seen on the plans submitted by the applicant, lots 12 and 13 contain wetland species which extend on each lot to a more landward location than any other lots within the subdivision. This is especially true in the case of lot 13. Both lots contain high marsh species including spikegrass, salt wort, sea lavender and bulrush. Based on our recent experience both lots appear to be candidates for a Nationwide #18 permit from the Corps of Engineers. Although the applicants do not propose to fill within a portion of the wetlands on either lot they are requesting that a nominal building pad area be approved on each lot in order that they can be developed by future owners. In or to compensate for approximately 3819 s. f. of fill on the two lots the applicants are proposing to remove enough of the existing spoil piles mentioned above to equal the 3819 s. f. area. -Pelican Point Subdivision Dean Scarafoni February 7, 1995 Page Four 10. ANTICIPATED IMPACTS The upland portion of the proposed project would convert 40 acres of sparsely wooded, undeveloped property to a residential development. This site has been cleared and vegetation thinned in the past in order to give it the appearance of a subdivision by the original owner. Since the applicant does not propose to build residences but only to sell the lots, the built -upon surface cannot be calculated with any degree of accuracy. However, the existing sewer system and adherence to rules concerning 30% lot coverage should minimize impacts to the adjacent waters. The proposed community pier and single pier will incorporate approximately 7,180 square feet of public trust waters and estuarine shoreline. The piers are consistent with the 1\3 rule, greater than 15 ft from adjacent corridors and greater than 85 ft from the near bottom edge of the AIWW. There is no proposed excavation associated with the construction of the piers, so turbidity should..be limited to that which results from the placement of pilings. The portion of the proposed project which may ultimately involve wetland fill on lots 12 and 13 would incorporate approximately 3,819 square feet of existing high wetlands while restoring approximately the same area from the spoil piles removal. The applicants will be required to utilize mats to access the spoil piles for material removal and the final elevations of the restored area must be that of the adjacent natural wetlands. The proposal by the applicants to construct a common pier will serve to reduce the total number of piers and slips that would be possible under the existing rules. This is of special importance along Chadwick Bay which is open to shellfishing and, as mentioned above, includes at least two shellfish leases. Submitted by: Jerry A. Parker and C. Robert Stroud, Jr. Date: 2-6-95 Office: Wilmington Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, paving, land clearing, and stormwater con- trol. If the requested information is not relevant to your project, write N/A (not applicable). Items 1-4 and 8-9 must be completed for all projects. 1 APPLICANT a. Name .Sra ra foni A� a =nri i-oc Nf M. Tnr. dba Live Oak Development Company Address 61.6 Princess Street City Wilmington State NC Zip 28401 Day phone (910) 762-4356 X Landowner or Authorized agent b. Project name (if any) Pelican Point c. If the applicant is not the landowner, also give the owner's name and address. 7�,. ter, Lots 23-25; 31: mitigation (see #6) If you plan to build a marina, also complete and attach Form DCM-MP-2. b. Is the proposed activity maintenance of an existing project, new work, or both? new c. .Will the project be for community, private, or commercial use? Proposed work to be done by develops, for the private use of subdivision residents d. Describe the planned use of the project. (see addendum) 4 LAND AND WATER CHARACTERISTICS entire tract 40 acres +/- J r' u1 Q • Size findividuallot(s) 1/2 - 3/4 acre JPN I ( i9., c. Elevation of tract above mean sea level or OF National Geodetic Vertical Datum 2 LOCATION OF PROPOSED,S T AL fAANAGE, i l' 71 MSL PROJECT d. Soil type(s) and texture(s) of tract Newnan. Pactolus. 13ohicket a. Street address or secondary road number Snell Drive & 9id Hammock Point Rd. e. Vegetation on tract pine trees, oak trees b. City, town, community, or landmark Sneads Ferry c. County Or. slow d. Is proposed work within city limits or planning iurisdictionv Countv 1 f. Man-made features now on tract road g. What is the CANIA Land Use Plan Classification of the site? (Consult the local land use plan.) a anntna _Conservation X Transitional e. Name of body of water nearest project Developed _ Community _Chadwick Bay & Tntracoastal Waterway —Rural _Other h. How is the tract zoned by local government? 3 DESCRIPTION AND PLANNED USE R-15 OF PROPOSED PROJECT i. How are adjacent waters classified? SA a. Describe all development activities you propose (for j, Has a professional archaeological survey been example, building a home, motel, marina, bulkhead, carried out for the tract? yes If so, by whom? or pier). Lot 2: single pier w/tie-up Archaeolocial Research Consultants space for 3 boats; of Raleigh, NcC in process Lots 47/49: single pier w/10 ')oat slips; 3/9 I 5 UPLAND DEVELOPMENT Complete this section if the project includes any land development. Sanitary wastewater goes into . ex sting se*.tier system. No in ustria commerr_ial activity a. Type and number of buildings, facilities, or in. Water supply source Municipal water se rvi c,- structures proposed n/a n. If the project is oceanfront development, describe the steps that will be taken to maintain established b. Number of lots or parcels _ up to six public beach accessways or provide new access. c. Density (Give the number of residential units and the units per acre.) n /a d. Size of area to be graded or disturbed e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? n/a f. Give the percentage of the tract within 75 feet of mean high water to be covered by impermeable surfaces, such as pavement, buildings, rooftops. n/a g. List the materials, such as marl, paver stone, asphalt, or concrete, to be used for paved surfaces. n/a h. If applicable, has a stormwater management plan been submitted to the Division of Environmental Management? n/a i. Describe proposed sewage disposal and/or waste water treatment fac'l't' o. If the project is on the oceanfront, what will be the elevation above mean sea level of the first habitable floor? n/a 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). Length Width Depth Access channel (MLW) or (NWL) D Boat basin J JAN 1"" 19' Other (break- water, pier, boat ramp, rockjetty) t t tes. Fill placed in .o.- t roposed. The rp ertWetlandorbelow has exist>ng setter 11nes t at ee . into a municipal sewer system NIHW j. Have these facilities received state or local approval? upland fill State approval is pending areas k. Describe existing treatment facilities. Now cal= lines that feet' into an existinr, municipal sewer service. All lots have sewer tap permits L Describe location and type of discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). Road surface runoff goes into swales of existing paved roadway. DIVISI N C!= 'VELP �fjlEq b. Amount of material to be excavated from below water level in cubic yards n/a c. Typeofmaterial n/a d. Does the area to be excavated include marshland, swamps, or other wetlands? n a e. High ground excavation, in cubic yards 3/91 f. Dimensions of spoil disposal area n/a g. Location of spoil disposal area n/a h. Do you claim title to the disposal area? n/a If not, attach a letter granting permission from the owner. L Will a disposal area be available for future maintenance? n/a If so, where? n/a j. Does the disposal area include any marshland, swamps, or water areas? n/a k. Will the fill material be placed below mean high water? no 1. Amount of fill in cubic yards (see addendum) m. Type of fill material (see addendum) n. Source of fill material (see addendum) o. Will fill material be placed on marsh or other wetlands? (see addendum) p. Dimensions of the wetland to be filled (see addendum) q. How will excavated or fill material be kept on site and erosion controlled? silt fencinc r. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? backhoe S. Will wetlands be crossed in transporting equipment to project site? _Y_e_sIf yes, explain steps that will be taken to lessen environmental impacts. Mats and silt fencing as required 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap b. Average distance waterward of mean high water or normal water level n/a c. Shoreline erosion during preceding 12 months, in d. Type of bulkhead material n/a e. Amount of fill, in cubic yards, to be placed below meanhigh water is f. Type of fill material n/a 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate work plat (including plan view and cross sectional drawings) drawn to scale in black ink on an 8 1/2 x 11 white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a pan of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Include county road (SR) numbers, landmarks, and the like. A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed ctt,, the Diy'siol gf Gpastal Management and'!should be,ad�is d bj tll a li nt of that opportunity. I .�� �I 1 t" `Li .� iA t\� ' 17 ��45 �i it i _.. 3/91 :•YASl:AL PkFIvA ;EIME NT Name Address (Land owner on both sides) Name Roger Page Address Page Oil Co., P.O. Box 19047 Winston—Salem, NC 77111 (bott'om rights) Name Robert A. Jen'.cins Address 110 Wintergreen Road Wilmington, NC 28-109 A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- proved Coastal Management Program and will be con- ducted in a manner consistent with such program. I further 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 project. , n of January ,1995. or Authorized agent 1 JAN 17 1995 i.)IVISION OF 1,'i;i_ MAN AGEi'vI'E 3/91 Live Oak Development Company - Permit Application Addendum 3.d. • Lot 2: The pier on lot #2 is to be used by the owners of lots 2, 5 and 7 only. The construction of a single pier for shared use was originally proposed by the Onslow County CAMA officer as a means of avoiding riparian rights confusion in this comer location on Chadwick Bay. A single pier with tie- ups, rather than three piers with slip pilings, will also reduce construction impact on the Bay, and interference with shellfish harvesting. • Lots 47/48: The single pier and boat slips on these lots are to be used by owners of lots on Chadwick Bay (with the exception of one slip for the owner of lot #46). This will allow these owners water access for their boats, and it will reduce construction impact on the Bay, and interference with shellfish harvesting. In addition, slip owners will have deed restrictions prohibiting them from construction out into Chadwick Bay. Mr. Brian Sheppard, who leases the shellfish rights along the majority of our Chadwick Bay lots, supports this proposal. • Lots 23-25, 31 mitigation: We have walked this site with representatives of the Wilmington CAMA and Army Corps offices, and have based this proposal on their recommendations. We would like to create quality wetlands in areas that were previously filled on up to four lots, in exchange for moving the Coastal Wetlands and 404 Wetlands lines in an area of marginal quality wetlands on one lot. 6.a. • We propose to grade previously filled areas on lots 23, 24, 25, 31, and possibly 30 to create up to 3,819 square feet of new quality wetlands in exchange for moving the existing Coastal Wetlands and 404 Wetlands lines beyond up to 3,819 square feet of marginal wetlands. The work will be performed by Gene Lockamy of Holly Ridge, an experienced mitigation contractor. 6.1-p. • Developer does not intend on filling any areas. Any future fill activities would be done by property owners of lots 12 and 13 only, in the mitigation areas on the road side of the proposed new CAMA and 404 lines. OIVI5JN OF ...;.ASTAL MANAGEMENT DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Christopher & Jennifer Shue COUNTY: Onslow PROJECT NAME: Shue docking facility LOCATION OF PROJECT: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-3-13 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Dail o DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: J� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 7-24-13 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIG TO: " C) 75 DAY DEADLINE: (:� I L. I I -- MAIL OUT DATE: 7-22-13 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY FEE RECD: $250.00 END OF NOTICE DATE: 8-14-13 DEED REC' : YES ON: 111 3 150 DAY DEADLINE: STATE DUE DATE: 8-14-13 FED COMMENTS RECD: AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative 7. 3o -1-3 'el/ Coastal Management - LUP Consistency a'13-r3 A/ Division of Community Assistance �•�5-13 Land Quality Section $- b t3 ✓Cg1VED Division of Water Quality i' y� i f 13 _ D 16 Storm Water Management (DWQ) rf 30-/ 3 State Property Office 8'? -13 ✓ nrM.MOCITY Division of Archives & History 8-13"13 Division of Environmental Health %-SO- l 3 J Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries Caps of Engineers 1 �N 11i pti,s %-z2-,3 ✓ Project Name 0 v V Assigned to i ' �� (/ Assigned on 7/3y ( ' Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other SPA ✓ e, � Sv�`e % , $�rii7 rirl � t. .s CL rLai-r�i 0.s r2��f-eal�_ -OrrS SIO Pec,�,i i aS S��Lfvode%-�1 4� dew �SMz { w� c — /Lesfr�i� Overt- wwe.- Pe�J`d.al.,we 0.:— 9orw-s 'EO ICS-' i`e-U cam, PRx.css C.ewet--ln.n r�u,r+rw,� Written approval from DW is required for this project. 07-25-'13 15:19 FROM - T-154 P0002/0002 F-271 At NODE !�R North Carolina Department of Environment and Natural Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director July 22, 2013 MEMORANDUM: TO: Mark Zeigler WIRO Division of Community Assistance Resources John E. Skvada, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Christopher & Jennifer Shue Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position, or viewpoint on the proposed project and return this form to Doug Huagett at the address above by August 1.4, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: _�4_ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 71 z- �;- t IS 127 Cardinal Drive Ext-, Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www,nccoastalmanagement.net An Equal Opportunity`, Alflrmahe Action Employer NCDEE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary July 22, 2013 RECEIVED MEMORANDUM: RECEVBD JUL 2 2 bu TO: Debra Benoy JUL 3 0 2013 District Manager Public Water Supply XM-Mfmcrrr FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Christopher & Jennifer Shue Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by August 14, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. 11 This agency objects to the project for reasons described in the attached comments. SIGNED DATE 7� L L 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.nccoastalmanaaement.net An Equal Opportunity \ Affirmative Action Employer Pat McCrory Governor July 22, 2013 MEMORANDUM: TO: FROM SUBJECT: Applicant: `ter NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director Shannon Jenkins NH DEH Shellfish Sanitation Section Resources John E. Skvarla, III Secretary Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Christopher & Jennifer Shue Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 14, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This a ency objects to the project for reasons described in the attached comments. SIGNED /t 13 DATE 4'74 - t RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 JUL 3 4 2013 Phone: 910.796-72151 FAX: 910-395.3964 Internet: www,nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Ern&yer 1`iC..U.-'.b'..n.TJ C:: NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director Resources John E. Skvarla, III Secretary July 22, 2013 ECEIVE � MEMORANDUM: i4a 22 2013 TO: Georgette Scott BY: Stormwater Section DWQ - Wilmington FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Christopher & Jennifer Shue Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 14, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE I aT� RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395.3964Internet: www.ncccoastalmanagement.net JUL 3 0 2013 An Equal opportunity 1 AKnnative Action Employer DCM-MAD CITY Ju1.30. 2G13 12:01PM NC Dept of Tr a n s p o r t a t l o n Pal McCrory Governor July 22, 2013 MEMORANDUM: Jo IMPACT ro Rf`No. 5262 Da `7-3o-13 DISTRICT T AG J NCD TR lll. 74 1013 North Carolina Department of Environment and Natural Resources TO: Robert Vause NC DOT Onslow County Division of Coastal Management Braxton C. Davis Director John E, Skvarla, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Christopher & Jennifer Shue Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 14, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. �I Tnhi en`11y bjects t the project for reas s d scribed in the attached comments. SIGNED i� DATE 127 Cardinal Dnve Ext., Wilm nglon, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internal: wwwmcoaslalmanagemenrnet An Equal Oppcdunity 1 All!rmawg Acton Empopf Q�'�'rA ..._.,- — NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary July 22, 2013 MEMORANDUM: RECEIVED Dan Sams JUL 2 2 2013 TO: District Manager Division of Land Resources FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-110-00c"VED SUBJECT: CAMA Major Permit Application Review AUG 0 6 2013 Applicant: Christopher & Jennifer Shue °)rM-V1TDCrrr Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 14, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. t SIGNED DATE 2-5 Zo 1-3 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Oppommity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary July 22,2013 RECEIVED MEMORANDUM: JUL 2 3 2013 RECEIVED TO: Tim Walton DOA Dept of Administration STATE PROPERTY AUG 0 2 2013 State Property Office OFFICE FROM: Doug Huggett, NC DENR-DCM Major Permits Co nCM•MHD CrrY 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Christopher & Jennifer Shue Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 14, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDDATE % 'z-� 127 Cardinal Drive Ext., WImington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395.3964 Internet: www.nowastalmanagement.net An Equal Opportunity \ AfiirmatNe Action Employer jUL 2 5 2013 cm A :CVCI` R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C Davis John E. Skvada, III Govemor Director Secretary July 22, 2013 t� RECENED a t' MEMORANDUM: TO. Renee Gledhill -Early AUG 13 K 3 Dept. of Cultural Resources Archives & History DCM.MrmCrrY FROM Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT CAMA Major Permit Application Review B�a�t3 �u Applicant: Christopher & Jennifer Shue Project Location: 159 Big Hammock Pt. Rd., adjacent to Chadwick Bay, in Sneads Ferry, Onslow Co. Proposed Project: to construct a private docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggettat the address above by August 14, 2013. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 12L_ - --- DATE - g - 1 Z - 113 - 127 Cardin! Drive EAR. WilmiVDn, NC 2W Ph": 910.796.7215 t FAX 910395.3964 Inlemet ww« r=wstamanaaement ne, M E%4 Opp my k"dtln A~Effooyr JUL Z62013 B LY TO ATTENTION OF: DEPARTMENT OF THE ARMY J �) WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 September 4, 2013 Regulatory Division IRECEIVEp SEP 0 9 2013 Action ID No. SAW-2013-01398 DCM-MHDCn'Y Mr. Christopher Shue 2987 Jack Whitener Road Newton, North Carolina 28658 Dear Mr. Shue: Please reference your application for a Department of the Army authorization to construct a private docking facility located at 159 Big Hammock Point Road, adjacent to Chadwick Bay, in Sneads Ferry, Onslow County, North Carolina. After review of your proposal, by letter dated September 3, 2013 (copy attached) the United States NOAA's National Marine Fisheries Service (NMFS) has recommended revisions to your application and plans. The NMFS recommends the four proposed tie pilings and associated boat moorings be deleted from your proposed project. These recommendations are due to anticipated adverse environmental impacts. The Corps, therefore, also has similar concerns. Our administrative process provides you the opportunity to propose a resolution and/or rebut any and all objections before a final decision is made. In this regard, I would appreciate being made aware of your intentions, in writing, on or before October 7, 2013. I am responsible for processing your application and available to assist you in coordinating with the review agencies. If you have any questions you may call me at (910) 251-4634. Sincerely, i i t '51 I Dave Timpy, Project Manager Wilmington Regulatory Field Office Enclosure IWM Copies Furnished (without enclosure): Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Morehead City Regional Office NC Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, Southwest Atlanta, Georgia 30303-8960 BOSN3 Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Christopher and Jennifer Shue, Onslow County Date: September 13, 2013 This project is consistent and not in conflict with the Onslow County Land Use Plan Update. The applicant is proposing to install a pier, platform and tie -pilings into Chadwick Bay in Onslow County. Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine Waters and Public Trust Areas. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Onslow County Land Use Plan Update and offer the following comments. The general area of the project is classified as Conservation. In general, Onslow County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Onslow County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project is consistent with the Onslow County Land Use Plan Update. Cc: File Recommendations for State Permit — Christopher and Jennifer Shue The total square footage of both existing and proposed structures was calculated as follows: RECEMD Shoreline length = 75 ft. x 8 sq. ft = 600 sq. ft. allowable. JUL 2 4 2013 Proposed: Proposed platform = 16' x 16' = 256 sq. ft. Total = 256 sq. ft. DCM-MHDCITY The applicant's proposal to install a docking facility appears to be CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, and Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. It is staffs recommendation that the proposed pier and docking facility is CONSISTENT with the Rules in 15 NCAC 7H.0208 (b) (6) Use Standards for Docks and Piers. However, due to the presence of a Shellfish Franchise in the immediate vicinity of the planned development, the applicant shall be required to follow the guidance specified in 15A NCAC 07H .0208 (b)(6)(J). This office has OBJECTIONS to the proposed project based on the Conditions specified in the previous CAMA. Major permits (CAMA Majors #43-95 and #118-05). Additionally, although other docking facilities exists immediately adjacent to the site, water depths around the proposed development are marginal, at best, and do not appear to be adequate to support an additional docking facility. Motorized boat traffic to and from this facility would likely disturb the shallow bottom habitat in/around the active Franchise (26-C-94). Any permit issued should also include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier head line. 4. 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. 5. The proposed structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. Include shellfish franchise condition. NCDENR North Carolina Department of Environment and Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director July 25, 2013 Mr. and Mrs. Christopher Shue 2987 Jack Whitener Road Newton, NC 28658 Subject: EXEMPTION Stormwater Project No. SW8130717 Shue Pier and Platform Project Onslow County Dear Mr. and Mrs. Shue: Natural Resources RECEIVED JUL 3 0 2013 DCM-MHD MY O� ✓ John E. Skvada, III Secretary The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Ap lication for the subject project on July 11, 2013. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved byy the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit If the subject proJJject disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the projJect must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at Iinda.lewis(&ncdenr.gov. Sincerely, d Fo� A. Reeder Division of Water Quality GDS/ad: S:IWQS1StormwaterlPermits & Projects1201311307171 Exempton\2013 07 permit 130717 cc: Onslow County Building Inspections Jason Dail/Shaun Simpson Doug Huggett, DCM Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Carchnal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-7215 \ FAX 910350-20041 DENR Assistance :1-8 7-623-6748 North Carolina Internet: www.ncwaterclualityorg a��F�N/7//J/ An Equal OppMunq l Affirmahe Acbm Employer (/� ` {all RECEIVED Mark and Jennifer Shue JUL 2 4 2013 1S9 Big Hammock Point Road Sneads Ferry, Onslow County, NC DCM-IPIMiDCIW' Project Narrative Introduction Mark and Jennifer Shue are the owners of a lot adjacent to Chadwick Bay, known as Lot 13, 159 Big Hammock Point Road. We propose the construction of dock with a 16x16 platform, and pilings for two (2) wet slips on either side of the platform. No upland disturbances are proposed. Site Description This lot is one-half acre in an established subdivision known as Pelican Point. The elevation of the home site is approximately 4.5 feet above NHW. All homesite preparation was completed in 2006. This preparation included coordination with CAMA with Mr. Jim Gregson and The US Army Corp of Engineers. The culmination of this was the issuance of a Nationwide 18 permit (action ID number 200200995) from the Corp of Engineers after presenting the Corp with a storm water plan. This plan was engineered by Michael Gallant. No CAMA permit was required per Jim Gregson due to the proposal being outside the 75' AEC. The site has wetlands between the homesite and Chadwick Bay. A drainage ditch was constructed sometime in the past with the date unknown. Two NHW lines exist on this site, one being landward of the drainage ditch and one on a strip of land on the Chadwick Bay side of the drainage ditch. The "bottom" in the riparian corridor is heavily silted with sporadic SAV's noted. There is a shellfish franchise in Chadwick Bay belonging to Mr. Brian Shepard. However, the platform site is located approximately 300' to the active shellfish harvesting area as defined by PVC pipe. The closest dock to the southwest belongs to Wayne Grossnickle at approximately 230' and no docks located to the northeast. Mark and Jennifer Shue Major CAMA permit application June 20, 2013 Page 1 RECEIVED DCM WILMINGTON, NC JUL 0 3 2013 RECEIVED F, JUL 24 2013 The width of Chadwick Bay perpendicular to the site is approximately 2280'. The distance, by water, to the ICWW is approximately 2650'. The water depth,as Y physically measured by wading into Chadwick Bay and conducting the measurement. Various measurements were conducted while extending into the bay. The distance from the last point of land is 162' in which a water depth 2' 2 1/2" on one side of the proposed platform and 2' 2" on the other in the proposed area of the wet slips was measured. This measurement occurred at low tide on May 17, 2013 at 8:15pm. While conducting this measurement, several old tires and various metal objects were observed buried in the silt. It is proposed to remove these items as well. Project Description This project consists of an elevated walkway beginning at the proposed homesite. This walkway is proposed to be 6' wide and built to allow a minimum of 3' above the substrate. The walkway will extend over the existing wetland and extending an additional 162' past my property line in Chadwick Bay. In Chadwick bay, a 16'x16' platform is intended. On either side of the platform will be 2 pilings located 12' from the platform for creation of 2 "wet slips". Upland Development No upland development is proposed in this permit. Upland preparation completed as described in site description narrative. Construction Method All construction to be conducted using industry proven methodology while giving great care to the ecosystem. Utmost diligence to be used as to not disrupt, trample or cause undo damage to the wetlands traversed by the walkway. Normal hand tools are to be used for deck construction. No wetlands will be crossed in transporting of material or equipment to the construction site, Mark and Jennifer Shue Major Permit Application June 20, 2013 Page 2 RECEIVED DCM WILMINGTON, NC JUL 0 3 2913 Storm Water Storm water mitigation has been conducted in coordination with CAMA and the Army Corp of Engineers as outlined in the site description. No further upland disturbances are foreseen. Summary Mark and Jennifer Shue proposed to construct a single family dock, platform and wetslips in Chadwick Bay. This is for private use. This use is consistent with other docks in the area. A letter was sent to the shellfish franchise holder requesting to meet to mark a "route" to mitigate impact to any shellfish activity. To date, no response has been received. Contact information: Mark Shue 2987 Jack Whitener Rd. Newton, NC 28658 (c) 828-850-5660 Mark and Jennifer Shue Major CAMA Permit Application June 20, 2013 Page 3 RECEIVED JUL 24 2013 RECEIVED DCM WILMINGTON, NC DCM-MADCITY JUL 0 3 2013 r.�T�- 1'IWC1\i� North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director September 20, 2013 Christopher and Jennifer Shue 2987 Jack Whitener Road RECEIVED Newton, NC 28658 SEP 2 6 2013 Subject: Project On -Hold 159 Big Hammock Point Road DCM WDC1TY Dear Mr. and Mrs. Shue: John E. Skvarla, III Secretary DWR Project p 13-0761 Onslow County On July 24, 2013, the Division of Water Resources (Division) received your application dated June 20, 2013, requesting a 401 Water Quality Certification from the Division for the subject project. On September 20, 2013, the Division received an email from you requesting to place a hold on your application. Pursuant to Title 15A NCAC 02H .0507(a)(1), the application for a 401 Water Quality Certification is On -hold as requested. Please be aware that you have no authorization under the Water Quality Certification Rules for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Contact Joanne Steenhuis at 910-796-7306 or Joanne.Steenhuis@ncdenr.sov if you have any questions or concerns. Sincerely, I� 14 ICaren Higgins, Supervisor Wetlands, Buffers, Streams —Compliance & Permitting Unit cc: Joanne Steenhuis, DWR Wilmington Regional Office Doug Huggett, NC Division of Coastal Management Dave Timpy, USACE, Wilmington Regulatory Field Office Webscape Unit File name: 130761ChristopherJenniferShue(Onslow) 401 Hold Wetlands, Buffers, Streams - Compliance and Permitting (Webscape) Unit 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-001-6300 t FAX: 919A07-6494 Internet www.no6vatLqualfty.org ) An Equal Opportunity 1 Afienative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary September 19, 2013 Christopher M. Shue 2987 Jack Whitener Road Newton, NC 28658 Dear Mr. Shue: The Division of Coastal Management hereby acknowledges your September 18, 2013 request that the Coastal Area Management Act permit application for the proposed project at 159 Big Hammock Point Road, Pelican Point Subdivision, Sneads Ferry, in Onslow County, be placed in abeyance. Processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808-2808, or by e-mail at Jonathan.Howell@ncdenr.gov. Sincerely, Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Ave„ Morehead City, NC 28557-3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanggement.net An Equal Opportunity 1 APormalive Adon Employer Howell, Jonathan From: Mark Shue [croshue@live.com] Sent: Wednesday, September 18, 2013 12:03 PM To: Howell, Jonathan Subject: Shue Permit Application Jonathan, Please place my permit request on hold. I will get back with you in a timely manner. Thanks, Christopher Mark Shue NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director July 19, 2013 Christopher and Jennifer Shue 2987 Jack Whitener Road Newton, NC 28658 Dear Mr. and Mrs. Shue: John E. Skavada, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, requesting State approval for development of your property located at 159 Big Hammock Point Road, adjacent to Chadwick Bay, in Sneads Ferry, Onslow County. The application was received as complete on July 3, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 17, 2013. 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 750'day. If this agency does not render a permit decision within 70 days from July 3, 2013, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection may 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. Sincerer s DarI , ield Representative Cc: WiRO file, DCM RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 JUL 2 4 2013 Phone: 910-796-7215 1 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net DCM-MHD CITY An EquaJ Opporbnity I AMrmabve AeMn Empbyw \�t1'1'IC1: LAMA PERMIT APPLIES FOR PROJECT: 7 Onslow County COMMENTS ACCEPTED THROUGH Abatis# 14 201 APPLICANT: �t:�:��.r. ny .� � u nta � is i ;t• � FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �t NC Div. of Coastal Management 127 Cardinal Dr- Fxt- Wmimington, NC 28405 Jason Dail, Field Representative 910-796-7215 (Page 1 of 3) v� This certifier that there are W de ' ed ad cakr bete hse& or uWer uses AtLd. the()oeb„c Gann 7a.+Cdledu is elur�rged.a'ith eoadYiOa, tW are a lien on: Pnd Idtatdk4Wa Nutnba:_� ^� , Tbi+ is m.t a certiGcatiam thin this tlmloa r.ruMe Parttl Idadifk 'qt Numlrr edehes this deed dnxriptim. „ - U—, 'c t �' as Cdknxwr Stag SigLM,re Date This deed presented to The Ousiow Co Tax 0t�111ce Ua(q_ iii Cted Excise Tax: 0 DOC ID: o01D60450003 Type. CRP Recorded: 06/02/2006 at 01:32:01 PM Fes Mt: $20.00 Page 1 of 3 Excise Tax: f0.D0 Onslow County, NC hi1dred M Thomas Register of Deeds 4667 PD245-247 NORTH CAROLINA GENERAL WARRANTY DEED Parcel Identifier No. 774A_9-17 Verified by County on the _ day Mail/Boxto: MR. AND aruc_MARK S13UR, - - - Thisinstrumentwaspreparedby: DOTSON A Mrr.¢TFn P G r has Brief description for the Index: LOT i3p PELICAN POTNT THIS DEED made GRANTOR CHRISTOPHER MARK SHUE AND WIFE JENNIFER B. SHUE 20_ day of MAY, 2006 , 20_, by and between GRANTEE CHRISTOPHER MARK SHUE AND WIFE JENNIFER B. SHUE Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or parmer jtip 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 City of I STUMP SOUND Township, ONSLOW County, North Carolina and more particularly described as follows SEE ATTACHED EXHIBIT "A " RECEIVED RECEIVED JUL 2 4 2013 DCM WILMINGTON, NC DCM-MHD CITY JUL 0 3 2013 The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book 32 page 84 NC Bar Association Form No. 3 Q 1976, Revised C 1977, 2002 + James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com Book: 2667 Page: 245 eeq: 1 (Page 2 of 3) 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 WHEREOF, the Grantor has duly executed the foreg*0k oFdhe day yak year first above written. (Entity Name) y By, Tide: — O X z By: ore Title: < tq By. h t'� p y State of North Carolina - County of Q:. 9 z ' NOTAAy +a 0 1, the undersigned Notary Public of the County and State aforesaid, certify that CHRISTOPHER 4na 7 s z MARK SHUE AND RIFE JENNIFER B. SHUE personally appeared before me this day and i A iU V acknowledged the due execution of the foregoinginstrument for the purposes therein expressed. Witness a'. UB LIG < hand and Notarial stamp or seal this `� .fie , 201 ✓�� m ` �eArtCOUnr; ••O� ty MyCommissanExpnres{�-a� aWy Notary Public State of North Carolina - County of y 1, the undersigned Notary Public ofthe County and State aforesaid, certify that y personally came before me this day and O acknowledged that _he is the of a North Carolina or corporaticrWhinitel liability cornpanylgencral partnership/limited X partnership (strike through tine inapplicable), and that by authority duly given and as the act of each entity, _he signed the forgoing instrument in its name on its behalf as its act and deed. Witness my had an m Notarial stamp or seal this day of , 20_. m My Commission Exphes: Notary Public State of North Carolina - County of RECEIVED p X 1, the undersigned Notary Public of the County and State aforesaid, certify that z JUL 24 2013 3 Witness my hand and Notarial stamp or seal this day of 20_ My Commission Expires: DC-Y-S".vDCITY Notary Public The foregoing Certificate(s) of islam certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. Register of Deeds for County By: Deputy/Assistant - Register of Deeds NC Bar Association Form No. 3 O 1976, Revised C 1977, 2002 • James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 RECEIVED wwwJamesWilliams.com DCM WILMINGTON, NC JUL 03 2013 -- Book: 2667 Page: 245 aeq: 2 (Page 3 of 3) EXHIBIT " A " BEING all of Lot 13, as shown on plat entitled, "Survey of Property designated as Pelican Point, " (formerly " Division of Chadwick Acres- 1986, Phase VI 11) prepared by Cowan and Jones, P.A., dated September 27, 1993, and recorded in Map Book 30, Page 23, Slide G-211, Onslow County Registry. SUBJECT to Restrictive Covenants recorded in Book 1145, Page 445, and Onslow, Cow)ty Registry. THE purpose of this Deed is to correct the former Deed between the parties. RECEIVED C R&CENm DCM WILMINGTON, NC JUL 0 3 2013 JUL 2 4 2013 DCM-MMCITV RECEIVED DCM "t" ^A-Klr TON. NC Book: 2667 Page: 245 Beq: 3 .rl.ye !i u 000K 1355PdGE 218 RETURN TO PRANK W. ERWIN 19765 . NO TITLE SEARCH REQUESTED OR HAVE. NO CLOSING UNDERTAKEN. THIS DOCUMM WiMH1t0 TO r cfFNt av �� rest? t o an wuPPlI�Z U7 CIV.'' RD fpLUNS a.<a. r<e .........._...... P..I ldnotFeor xa.._774A 237-._...__......._............... County m the ...._..._..... der of 19........... Nall anw rseaNlo6la Y!..._NMN_...�....,._._..._..-.._...._........-�._..._..y...... ..... . PO BOX 7206 JACR80NVILLR, NC 20510 Than hedrumeat wan preperid`br_.....p "..__..._L_....._..._.._..... ...,....._.,._..-....�....._.__................. Brief description for the Index LOT 13 PELICAN POINT NORTH }CyAROLINA GENERAL WARRANTY DEED THIS DEED made than Gt:-?."day It P-... by snd between . GRANTOR GRANTEE NARIANNE COPAIN, DIVORCED THOMAS SROCZYNSXI AND WIFE, DENISE SROCZYNSKI 2150 ALDRIN ROAD, Apt. 1-A OCEAN, NJ 07712 Fnnr In demands, Elect, For um won acme. dddr.w, and. I[ apPMnanla Itn non of entily, aq. M.'all.. or IarlaenMP The designation Creator and Grant% " oW hurdle ahall Include sold panics, their hairs. eueeessors, and aeslgna, and ,hall Include singular, plural, ma,uulind, felonies or neuter a, required by context. W111498SETH. Uut the Orsntor, for a valuable cmulderstlon paid by the Granted, the nrsipt of which Is hereby aehaawledged, has and by thee, pre"Aw does gr.nt, bargain, soli and convey unto the Granted In fed simple, all that STUNP BOIiND ailA9 lot or ssrcel of lead situated In the City o1 ........... ..,...__....... ... .. ....... _....__... Township, ON. . County. Nerth Carolina and most pamle.1.0, demrtbtd an fellow., BRING all of Lot Number Thirteen (13), as shown on plat entitled, "Survey of Property designated as Pelican Point,* I formerly 'Division of Chadwick Acres-1986, Phase VIII) prepared by Cowan and Jones, P.A., dated September 27, 1993 and recorded in Nap Book 30, Page 23, Onalow County Regiatry and "viand in Nap Book 32, Page 84, Onslow county Registry. Subject to restrictive and protective covenants as recorded in Book 1145, Page 445, Onslow County Registry. RECEIVED NC DCM WILMINGTON, NC JUL !UN262012 Rr Waare.Mae.]eiwa Millelwl-emre..<e..r..wm,rrr..¢¢ree , I JUL 2 4 2013 DCS?-MHD CITY Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. 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 mailplece, or on the front If space permits. Article Addressed to: - AAV'. dw;n rl Il toe -rasl� st, S V1-ea�5 �etrvy, f�G A signature 0 Agent B. Reoelved by (Ri�,te(d Name) C. Date of Delivery y. /S/J�� 1'1 L�f D. is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. _Sery 'Type = Olmod Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery! (Extra Fee) ❑ Yes Article Number - (Transfer '7012 0470 0002 3766 8508 /rom service label Form 3811, February 2004 Domestic Return Receipt ta2sss-oz-M-tseo Complete items 1, 2; and 3. Also complete Rom 4 if Restricted Delivery is desired. 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 mailplece, or on the front If space permits. Article Addressed to: 41'K4 j RaP . Ai) 'er f 46 )756/ ❑ !gent E3 Addressee D. Is dellvery address different from Item 1? LJ Yet If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise 0 insured Mail E3 C.O.D. 4. Restricted Delivery? gkfire Fee) ❑ Yes Article Number 7011 3500 0000 5010 8078 (f ansfer from servl Forth 3811, February 2OD4 Domestic Return Receipt laaesaa-a4tato r e COMPLETE SECTION I Complete items 1, 2, and 3. Also complete 7PLSign item 4 if Restricted Delivery is desired. Age Print your name and address on the reverse Q1951 sms so that we can return the card to you. . RecNvad (p,.i�Nyrp) C. Did D� Attach this card to the back of the mailpiece, y .�/�� AM or on the front if space permits. Article Addressed to: ` D. Is del" address different from Item t? ❑ Yet If YES, enter delivery address below: ❑ No 3. Service Type �//, ❑ Certified Mail ❑ Express Mall a87�V ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall (3 C.O.O. 4. Restricted Delivery? (Extra Fee) ❑ Yes Article Number (Trsnsfar from service tab 7011 3500 0002 2437 7842 Form 3811, February 2004 Domessc Return Receipt 1025e5-02-N-1540 jtEC WW JUL- 2 4 2013 DCM VMCYTY RECEIVED DCM WILMINGTON, NC JUL 032013 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for development permit in an Area of Environmental Concern as designated under the CAMA was received complete on July 3, 2013. According to said application, Christopher & Jennifer Shue propose to construct a docking facility at 159 Big Hammock Pt. Rd, adjacent to Chadwick Bay, in Sneads Ferry, Onslow County. A copy of this entire application may be examined or copied at the office of Jason Dail, N.C. Dept. of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-74215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 14, 2013, 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. x RECEIVED JUL 2 4 2013 bC4!•.%,tTDC!TY KNEW North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory, Braxton C. Davis John E. Skvarla, III Governor Director Secretary March 14, 2013 Advertising@stamewsonline.com 2 Pages RECEIVED Star News JUL 2 4 2013 Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 DCM-MAD CITY Re: Shue Major Public Notice Kyle & Heather: Please publish the attached Notice in the Wednesday, July 24, 2013 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett Dave Timpy Michele Walker 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-3953964Internet: www.necoastaimanagement.net An Equal Opporlunity \ Aflinnative Action Empoyer 30 MAJOR PERMIT FEE SCHEDULE Christopher & Jennifer Shue / $250 / Onslow Co. DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (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 a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 RECEIVED JUL 2 4 2013 DCM-MHD CITY June 30, 2012 Christopher Mark Shue Jennifer Bolick Shue 2987 Jack Whitener Rd. Newton, NC 28658 NC Division of Coastal Management 127 Cardinal Dr. Ext. Wilmington, INC 28658 To Whom It May Concern, We testify to the fact that we have no boat slip ownership, interest in, nor are we members of the Pelican Point Dock Owners Association located in Sneads Ferry, NC. RECEIVED DCM WILMINGTON, NC JUN262012 ASincly, RECEIVM NC JUL 2 4 2013 Dr.'.Y,Y—TjD CTTY U.S. ARMY CORPS OF Action Id. 200200995 WILMINGTON DISTRICT County: Onslow U.S.G.S. Quad: New River Inlet GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Christopher Mark Shue Address: 2987 ,lack Whitener Road Newton, NC 28658 Telephone No.: (828) 428-0606 Size and location of property (water body, road name/number, town, etc.): Description of projects area and activity: Discharge of MI materia single family home. Home must be set back approximately 20' c neiehhorhood. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permir authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 395-3900. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brad Shaver at (910) 2514611. Corps Regulatory Official %�>3kj SlK#ee Date: February 9, 200E Expiration Date of Verification: February 9, 2007 RECEIVED ;tECMVED DCM WILMINGTON, NC JUL 2 4 2013 JUL. 0 3 2013 t /0 _0 �f 1 1 Page 1 of 2 DCM-MHD CfrY Howell, Jonathan From: Baker, Jessi E Sent: Tuesday, March 25, 2014 11:51 AM To: Howell, Jonathan Subject: FW: FW: Shue project I have no objections to an observation platform with no boat slips at 159 Big Hammock Point Road. Jessi Baker, Fisheries Resource Specialist NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 ext. 213 iessi.bakernncdenr.gov Please visit www.nccoastaimanagement.net to subscribe to Coastal Managements quarterly newsletter, the CAMAgmm. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Fritz Rohde - NOAA Federal [mailto:fritz.rohde@noaa.gov] Sent: Tuesday, January 21, 2014 10:56 AM To: Steenhuis, Joanne Cc: Baker, Jessi E; Smith, Ronnie D SAW; Pace Wilber - NOAA Federal Subject: Re: FW: Shue project Yes it does. On Tue, Jan 21, 2014 at 10:04 AM, Steenhuis, Joanne <joanne.steenhuis@ncdenr.gov> wrote: Jessi/Fritz Will this alleviate your objections? From: Mark Shue [mailto:croshue(cblive.com] Sent: Sunday, January 19, 2014 12:01 AM To: Howell, Jonathan; Steenhuis, Joanne Subject: Shue project In light of the water depth issue surrounding my CAMA major permit, I request to have the tie -pilings removed from the pier permit application, thus removing the request for boat slips. please call if you have any questions Sincerely, Christopher Mark Shue 828-850-5660 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director January 23, 2014 Ghristopher & Jennifer Shue 2987 Jack Whitener Rd. Newton, INC 28658 Subject Property: 159 Big Hammock Pt. Rd., Sneads Ferry NO WRITTEN CONCURRENCE NEEDED Dear Mr. Shue: John E. Skvarla, III Secretary Onslow County DWQ Project #: 2013 0761 You have our approval, in accordance with the attached conditions; to construct a pier structure, as described in your CAMA application dated July 22, 2013, received by the Division of Water Resources (DWR) on July 22, 2013 and subsequent information on January 19, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as the conditions of the General Water Quality Certification Number 3883 (GC3883) are met. This Certification allows you to use the Regional General Permit # 198700056 when issued by the US Army Corps of Engineers and your permit when issued by the Division of Coastal Management. This approval is only valid for the purpose and design that is described in your application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding General Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. ftCEIyBD e FEB 0 4 2014 Nilmington Regional Office - L'C,",+.?„r�C'f'V 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Shone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 ntemet: www.ncwaterquality.org 1n Equal Opportunity 1 Affirma0ve Action Employer Christopher & Jennifer Shue DWR Project # 20130761 January 23, 2014 Page 2 of 3 Conditions of Certification: 1) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 2) Primary Nursery Areas Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0220 and is a degradation of water quality standards and therefore considered a water quality violation. 3) Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httu://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). Christopher & Jennifer Shue DWR Project # 20130761 January 23, 2014 Page 2 of 3 Conditions of Certification: 1) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 2) Primary Nursery Areas Please understand that the waters around your project area have been identified by the Division.of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future'please be aware that new, dredging within a PNA is not allowed.under 15A NCAC 028.0220 and is a degradation of water quality standards and therefore considered a water quality violation. 3) Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this' Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www:ncoah.corri/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:06am and 5:00 pm, excluding official state holidays). Christopher & Jennifer Shue DWR Project # 20130761 January 23, 2014 Page 3 of 3 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act described in 15A NCAC 0500. Please contact me at 910.796.7306 or via e-mail at Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns. Enclosures GC 3883 Certification of Completion Sincerely, Joanne Steenhuis Senior Environmental Specialist cc: Jennifer Burdette - DWQ401 Oversight Unit Jason Dail —DCM Wilmington Ronnie Smith - Corps of Engineers Wilmington Jonathan Howell - DCM Morehead City WiRO iL RECENED FEB 04 2014 + DCM•mRD CITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: January 24, 2014 Regulatory Division Action ID No. SAW-2013-01398, General Permit No. 197800056 A�CEivA Mr. Christopher Shue Ms. Jennifer Shue 2987 Jack Whitener Road Newton, North Carolina 28658 Dear Mr. and Ms. Shue: JAN 2 7 2014 DCV,N.`:IDCITY Reference your June 20, 2013 request for a Department of the Army (DA) authorization to construct a docking facility at 159 Big Hammock Point Road, adjacent to Chadwick Bay, in Sneads Ferry, Onslow County, North Carolina. The original project was revised to exclude the installation of the tie pilings. On March 16, 2005, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans and the enclosed general conditions. Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. -2- Thank you for your time and cooperation. If you have questions, please contact Ronnie Smith, of the Wilmington Regulatory Field Office, telephone (910) 251-4829 Sincerely; Ronnie Smith, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers USEPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 -2- Thank you for your time and cooperation. If you have questions, please contact Ronnie Smith, of the Wilmington Regulatory Field Office, telephone (910) 251-4829 Sincerely, cye Ronnie Smith, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers USEPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW . Atlanta, Georgia 30303-8960 BOSN3/Mr. Joseph M. Edge United States Coast Guard Sector NC Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debbie Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett / North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 -3- ft RECEIVED .t w. JAN272014 AGMMIIDCI'f� ARM A ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 25, 2014 1610 Christopher & Jennifer Shue 2987 Jack Whitener Rd. Newton, N.C. 28658 Dear Sir or Madam: John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing.must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. 1 From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, V Douglas V. Huggett Major Permits and Consistency Manager Enclosure Braxton C. Davis, Director N.C. Division of Coastal Management, NCDENR 400 Commerce Avenue, Morehead City, N.C. 28557 Phone: 252-808-2808\Intemet: www.necoastalmanagement.net 1601 Mail Service Center, Raleigh, North Carolina 27699.1601 Phone: 919-707-86001Internet: www.nodenr.gov An Equal Opportunity \Atri native Action Employer— Made in part by recycled paper Ao Howell, Jonathan From: Mark Shue [croshue@live.com] Sent: Sunday, January 19, 2014 12:01 AM To: Howell, Jonathan; Steenhuis, Joanne Subject: Shue project In light of the water depth issue surrounding my CAMA major permit, I request to have the tie -pilings removed from the pier permit application, thus removing the request for boat slips. please call if you have any questions Sincerely, Christopher Mark Shue 828-850-5660 DCM Coordinator: l t �� Permit #: 28 ^ 1 MAILING DISTRIBUTION SHEET ���C7J/ Permitee: %%Z,r - SU_A_sL " C_N-�_ Skti.�P_® � 1,je_ DCM Field Offices Elizabeth City Morehead City ✓ ✓ Washington p i mington US ACOE Offices: (with revised work plan drawings) Washington: Raleja Bland v Wilmington: nnie Smit �_ Cultural Resources: Renee Gledhill -Early or (enviro view@nc . ov) Public Water Supply: E oy Joey e ARO) NC DOT: K Pace Shellfish Sanitation: atti Fowler �✓ State Property: T' Walton L� Water Resources: K en Higgins (Ral ' ) John ennessy C DOT) Washington: Anthony Scarborough Wilmington: teenhuis — 401 Chad Coburn - Linda Lewis - Stormwater Wildlife Resources: Mana O LPO: Fax Distribution: Pennitee Agent #:_