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HomeMy WebLinkAbout67-13 Basnight, BarryPermit Class Permit Number NEW 67-13 STATE OF NORTH CAROLINA P&CEIVED Department of Environment and Natural Resources and Coastal Resource's Commission[ P 0 Vermit D`CX1N-TDC1TY for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Barry Basnight,1220 S. Military Highway, Chesapeake, VA 23320 Authorizing development in Currituck County at North Landing River, 160 Baxter Estates, Baxter Estates S/D, Moyock as requested in the permittee's application dated 2/1/13 (MP-1) and 1/4/13 (MP-4), ncluding the attached worknlan drawing (1). dated 3/5/13 This permit, issued on -- _Tune 7, 2ni 3 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may Ue sUUJUUL to lines, imprisonment or civm action; or may cause me permit to oe nun ann vola. Dockine Facility 1) Unless specifically altered herein, this permit authorizes the construction of a 33' x 13' boathouse with boatlift, and the installation of (2) pilings, and other structures and uses that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An 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 work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ..ff raxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby Signature of Permittee Barry Basnight Permit 467-13 Page 2 of 3 i. -� ADDITIONAL CONDITIONS 3) The, boathouse and associated 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. 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. 6) 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. 7) 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. 8) This permit authorizes one additional formalized boatslip for a total of three formalized boatslips at this docking facility. 9) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 10) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. General 11) 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. 12) 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. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. RECEIVED SEP 0 6 2013 DCM-N!n crry Barry Basnight Permit #67-13 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0350. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2013-00826, which was issued on 5/7/13. "Ztcrn 'q SFP 0 6 2013 DCMM�L'1Tc I R Permit Class , NEW Permit Number 67-13 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 Issued to Barry Basnight,1220 S. Military Highway, Chesapeake, VA 23320 Authorizing development in Currituck County at North Landing River, 160 Baxter Estates, Baxter Estates S/D, Moyock , as requested in the permittee's application dated 2/1/13 (NIP-1) and 1/4/13 (MP-4), including the attached workplan drawing (1), dated 3/5/13 This permit, issued on, .Tune 7, 2013 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes.set forth below. Any violation of these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void Docking Facility 1) Unless specifically altered herein, this permit authorizes the construction of a 33' x 13' boathouse with boatlift, and the installation of (2) pilings, and other structures and uses that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification.' No non -water 'dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days, of the issuing date. An 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 foi compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. r JY-_-Braxton C. Davis, Director ,vision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Barry Basnight Permit #67-13 Page 2 of 3 ADDITIONAL CONDITIONS 3) The boathouse and associated 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. 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 party.. 6) 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. 7) 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. 8) This permit authorizes one additional formalized boatslip for a total of three formalized boatslips at this docking facility. 9) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 10) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. General 11) 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. 12) 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. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Barry Basnight Permit #67-13 Page 3, of 3 ADDITIONAIL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development' of the permittee's property mayrequire a modification of this permit. Contact a representative of the Division. at (252) 2644901 prior to the commencement of any such activity for . this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: The N.C: Division of Water Quality has authorized the proposed project under DWQ Project No, i3-0350. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE. Action Id. No. SAW-2013-00826, which was issued on 5nll3. c DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Barry Basnight 2. LOCATION OF PROJECT SITE: 160 Baxter Estates Road, Lot #1 within Baxter's Estates S/D, Moyock, Currituck County, adjacent to North Landing River. Photo Index — 2006: 195-7046 (Q 5) 2000: 195-2352 (H 20) 1995: 194-2054 (K 5) 1989: 132-33 (L 10) 1984: 128-666 (L 13) 1978: 133-1482 (1 10) State Plane Coordinates - X: 2873334 Y: 1005867 Lat/Long: 36.4776702°,-76.0295152° Quadrangle: Currituck, NC (U.R.) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 1/23/2013; 3/7/2013 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 3/25/2013 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification from LUP - Limited Service and Conservation (B) AEC(s) Involved: Public Trust Area (PTA) and Estuarine Waters (EW) (C) Water Dependent: Yes (D) Intended Use: Private residential (E) Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - Storage shed with deck, bulkhead, pier, platforms, jet -ski lift and boat ramp. Planned — Boathouse with lift, tie -pilings (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] DREDGED FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±429 sf shaded (D) Total Area Disturbed: ±429 sf (E) Primary Nursery Area: No (F) Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to construct a boathouse n an existing slip and add two tie -pilings creating 3 slips. APR 0 4 2013 DCMN9D CITY Barry Basmght Field Investigation Report Page 2 Project Setting The site of the proposed development is located at 160 Baxter Estates Road (SR#1293), Lot #1 within Baxter's Estates S/D, Moyock, Currituck County, and is adjacent to North Landing River. The property is a cleared lot ±24,829 sf in size and has ±86' of shoreline. Approximately 74' of the shoreline had been hardened by a wooden bulkhead at normal water level (NWL) as well as a 12' wide concrete boat ramp. According to the USDA's Natural Resources Conservation Service's Web Soil Survey, the soil on the property is made up of Augusta fine sandy loam (At) that is vegetated with lawn grass and a pine tree row along the southern property line. In addition to the bulkhead and boat ramp, existing man-made features include a 12'x12' storage shed with a 12'x12' deck located 30' landward of the bulkhead, a ±84'x4 pier with a 16'x16' T- platform, a ±50x5 L-shaped platform off of the bulkhead north of the aforementioned pier that contains a pivot -style jet -ski lift as well as pilings for a boatlift that was not installed for a total of two existing slips. Previous permits issued on the property include GP#A59879 issued on 6/29/2012 and modified on 8/22/12 for the pier, platforms, jet -ski and boat lift. Based on available information, no archaeological sites exist on or near this property. The adjacent riparian properties are similar in use as the applicant's property. They are both cleared, vacant lots that are bulkheaded. In addition, the property to the north has a docking facility and the property to the south has a boat ramp. The Division of Environmental Management classifies the waters within this area of the North Landing River as SC and it is closed to shellfish taking. Existing water depths at the bulkhead are ±3' below NWL and the bottom substrate is made up of fine sands. There are z2.5 miles of open water to the east of the site. Due to the time of year, submerged aquatic vegetation was not observed growing within the project area; however, it is known to grow within the shallow waters of this area. Development Proposal The applicant proposes to construct a boathouse over an existing slip area that will have a drip - line measurement of 33'x13' (429 so and install a 12.5'x12' boatlift within it to store a ±26' boat and outboard motor. The applicant also proposes to install two tie -pilings on the south side of the existing pier creating a third slip. Anticipated Impacts • The proposed development will result in the additional shading of ±429 sf of PTA and EW AEC's. (Total shaded impact excluding the pier will be ±935 so. • The proposed development will result in one additional slip in waters that are >_3 ft in depth within the PTA and EW AEC's. (Total number of slips will be three) RECEM Submitted by: Ron Renaldi APR 0 4 2013 Date: 3/27/2013 ncM-MID CITY Project Narrative: FEB 20 2013� I i The purpose of the proposed construction is for residential recreational use, for the storage of a boat. The land in which the work is to be completed is a residential lot, in an existing subdivision. The property is currently improved with a storage shed measuring 12'X12'with a 12' X 12' deck, an 84' pier with a 16' X 16' T located at the end of the pier and a L shaped pier 5'X 18' X 37', the proposed construction will be attached to the landward area of this pier. In addition there is a PWC Jet ski lift attached to the second pylon channel ward. The proposed construction will be to install 10, 10" 30 ft. pilings and construct a 32' X 12' boathouse with an 8/12 pitch hip roof. The project is expected to use only small hand held construction tools such as a nail gun, sump pump and generator. It is not expected that any heavy machinery will be needed for this project. RECEIVED APR 0 4 2013 DC!tiS M. MY ICE NtiI APPLICATION for Major Development Permit (last revised 12127/06) FEB 2 0 2013 MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Barry MI B Last Name Basnight Applicant 2: Frst Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 1220 S. Military Highway PO Box City Chesapeake State VA ZIP 23320 Country USA Phone No. 757 - 635 -1018is- i qq y ext. FAX No. Street Address (if ddferent from above) Ciry State ZIP Email 2. AgentlContractor Information Business Name Cap's Marine And General Construction Agentl Contractor 1: First Name Wayne MI J last Name Burch Agent(Contractor 2: First Name MI Last Name Mailing Address 115 Alex Lane PO Box City Moyock State NC ZIP 27958 Phone No. t 252 - 339 - 3846 ext. Phone No. 2 ext. FAX No. Contractor 8 Street Address (if different from above) City State ZIP Email <Form continues on back> APR 0 4 2013 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.ne't�f-y—tMcny Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location I County (can be multiple) Street Address __-- - _ ( State Rd. fi Currituck 160 Baxter Estates 1293 Subdivision Name State Zip Baxter Estates rMyook NC 27958 - Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. 1, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Pasquotank River Basin -6urritock-Soend Ncriri, "A R.vc�- ¢Ml 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 Currituck Sound e. Is proposed work within city limits or planning judsdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Currituck County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 85 feet 24,829.2 sq. ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 24,829, 1 1 NWL (normal water level) (if many lot sizes, please attach additional page with a list) 2 ft ❑NHW or ®NW L e. Vegetation on tract Cleared lot with normal landscaping grass I. Man-made features and uses now on tract storage shed 12' X 12', with a 12' X 12' deck Existing 84 ft. Pier with 16' X 16' T located at the end of the pier, L Shaped pier 5% 18' X 37' landing on the left side of the property on this structure there is an attached PWC jet ski lift. Boat ramp measuring 12' X 42' g. Identify and describe the existing land uses adjacent to the proposed project site. North:vacant residental lot South: Farm Land West: Improved single family dwelling h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Zoned R (residential Use) (Attach zoning compliance certificate, 0 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 invoke a ❑Yes ®No ❑NA National Register listed or eligible properly? <Form continues on next page> RECEIVED APR 0 4 2013 252-808.2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net -M1IDCTfY Form DCM MP-1 (Page 3 of 4) APPLICATION t6- Major Development Permit FEB 2 0 2013 m. (i) Are there wetlands on the site? r ❑Yes ®No (ii) Are there coastal wetlands on the site? - ❑Yes ®No (III) If yes to either (i) or III) above, has a delineation been conducted? ❑Yes []No (Attach documentation, ff available) n. Describe existing wastewater treatment facilities. For this area of the county there is not a wastewater treatment facility used for residential structures. It is typical for a private syptic system to be utilized, although there is currently not one on the property. o. Describe existing drinking water supply source. County water is available but not connected at this time. p. Describe existing storm water management or treatment systems. The property is located in an existing subdivision approved by Currhuck County, there is currently no storm water management system in place other than natural absorption. S. Activities and impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemment ®Pdvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The completed work will be for residential recreational use for boat storage to limit exposure. 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. The proposed construction will be to use sump pumps to install 10, 10' 30' pilings and construct a 32' X 12' boat house with a 8/12 pitch hip root. Equipment used will be normal construction hand tools such as nail guns, sump pums, and a generator. It is not exacted that any large machinery will be used during the construction. d. List all development activities you propose. Construct a 32' X 12' Boathouse ct�a i k,lt iwo +.c-?d..Is PAiL 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 the proposed project? 0 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public aocessway 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. There is no proposed discharge of waters of the state I. Will wastewater or stormwater be discharged Into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA J. Is there any mitigation proposed? []Yes ®No ❑NA"cIVED If yes, attach a mitigation proposal. <Form continues on back> APR 04 2013 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net �m DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work 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 she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name William Herbert Jones III Phone No. 757-831-7016 Address 103 Meiggs Drive Moyock NC 27958 Name Patrick H Morgan Jr. Phone No. 252-455-0165 Address 119 Carotank Dr Currituck NC 27929 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAma GPI+ Mga4cq h. Signed consultant or agent authorization forth, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) 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. 17. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 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 Print Name Barry B Basnight �{ t Signature —� Z l /�4 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges nd Cylverfs ❑DCM MP-3 Upland Development I ❑DCM MP-4 Structures Information FEB 2 0 2013� I APR 04 2013 =� 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) in ;t —i s;' D' II I�AR 2 0 2013 l� COASTAL"'P1.P'EF ENT EL4':, r!'riiY 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 ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ❑Public/Government ®Private/Community ❑Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number (iii) Length IN) Width _ (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes QQNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes []No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed 1 (ii) Number of slips existing -� a TZAR. fte 3)a5/li pha" Cmvcnci— 3t{-st, IM r I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: 13o,N 1- be, sv+,c� i, a a4' wcilLr'" with auohp k Typical boat length: 24' Ovtboor cl yvtu!lror Pu pkon._ m. (i) Will the facility have tie pilings? C v r,41r-t + ®Yes []No (ii) If yes number of be pilings? e P P Ilan 2 d. (i) Are Finger Piers included? []Yes ®No If yes: (ii) Number (iii) Length IN) Width (v) Floating []Yes ❑No I. (i) Are Boatlifts included? ®Yes []No If yes: (n)Number 1 (r r�i113.:�,}6o�x PA(! (iii) Length 12' (iv) Width 121611 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: residential recreational j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout RECEIVED I. (1) Will the facility be open to the general public? []Yes ®No APR 0 4 2013 DC.'a,NN—ID CITY 252-808-2809 :: 1a3aa-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 VP0CM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets _ ❑ Toilets for patrons; Number: _; Location: j-;�i;'_ ❑ Showers ❑ 8oatholding tank pumpout; Give type and location: MAR 2 0 2013 b. Describe treatment type and disposal location for all sanitary wastewater. COASTAL ". ^c'n^�=^iT F� c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No '. - 1, 0 4 M13 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marna/docking facility proposed within or adjacent to coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered litts) I r - J This section not applicable a. 0) Is the boathouse stmcture(s):"— ❑Commercial ❑Public/Govemment OPrivate/Community i (if) Number 1 MAP 20 2013 (!if) Length 33' (iv) Width 13' COP -- -- Note: Roofed areas are calculated from dripline dimensions. I G 4. GROIN (e.g., wood, sheetplle, etc. It a rock groin, use MP 2, Excavation and Fill.) ®This section not applicable a. 0) Number 01) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Pdvate/Community o. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED APR 04 2013 DCM-MAD CTf Y 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 FortX D'CM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 16' from the North property line Note: For buoy or moodng piling, use arc of swing including length of vessel. c. Width of water body 3.5 Miles e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (if) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. +- 150' d. Water depth at waterward end of structure at NLW or NWL 3 1 /2 feet & OTHER ®This section not applicable a. Give complete description: 1-4-2013 Date 160 Baxter Estates Moyock NC 27958 Project Name Barry Basnight Applicant Name Applicant Signature MAR 2 0 2013 RECEIVED APR 0 4 Z013 ir71h58dd:blllltlil 252-808-2808 :: 1.888-4RCOAST :: w .nccoastalmanagement.net revised: 12127106 i JA N 1 1 2013 LUr• `NT s WU 4*b B4ii>AN Creek Caratoke Hwy 3o m Wilke ad Adaat FP A E,p Auld locatlon NC 2iG55 � na a i 3 - n 6 Wefte NO na 6ru"o e, a� a� g �n oOot�er ae a4 d Caratoke H" ,166` FES 2 0 2013� N Marshes ' e a -- Barry Qasnllht M0�04' PCrin-k 511i Propo*t. 1304ihCh1CWL ?tic- 11,n S Corr RGIM APR 0 4n/2013 DM-MHD v++ l sc,,, 1 Wes s^ 2010 NAViEQ .S 2012 Microwfr Cor bo 9 AND f �aQyy Ry I, n� vaenLL William Kerber, ]ones 111 W N q N tv3 N Existing Pier ' 1Bft Berry Baanlgbt � I60 Baxter Esb[es Page I MoyeofIDettectDed aB BB Drawer: Wayne Bunctirtb D�/�J O Beal p 3 in in 91• an K North Landing River Exial Boat Ramp 00 co IEallangaWklend (MOL) QNWL--3R PdMc4 H Morgan Jr U AL I MAR 2 0 2013 i _GOO, - E- RECEIVED APR 0 4 2013 DCM-14111) CITY e 44ft Lo-i3 Q 4 NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director February 26, 2013 1� 6 Natural Resources John E. Skvarla, III Secretary RECEWW Wayne Burch MAR 0 4 Cap's marine Construction 2013 115 Alex Lane Moyock, NC 27958 DCU-MoCrry Re: Major Permit Application for Barry B. Basnight Dear Mr. Burch: On January 11, 2013, the NC Division of Coastal Management acknowledged receipt of the application submitted on behalf of Barry B. Basnight for a proposed development located in Moyock, Currituck County. An initial screening of the submittal package was conducted, which revealed certain deficiencies that required your attention. The entire original application was returned to you, with an office copy retained for my review. On February 20a', 2013, our office documents for your re -submittal of the application for Barry B. Basnight. My subsequent review has revealed that the application for Barry B. Basnight is still incomplete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our subsequent screening has identified the following deficiencies: 1. Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: ■ Form DCM-MP-4: Number l(c), if only the 32'xl2' boathouse is proposed, then this should be left blank as it appears the lengths listed represent structures that currently exist. (Previously requested) 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Wayne Burch February 26, 2013 Page 2 Number l (e), if only the 32'xl2' boathouse is proposed, then this should be left blank as it appears the lengths listed represent structures that currently exist. (Previously requested) 'Number l(g)(ii), there are currently 2 slips existing and 6 proposed. The boathouse will be constructed within an existing slip. (Previously requested) Number in, two tie -pilings are listed as proposed, please show on site plan. Number 3, please note that the boathouse dimensions indicated must be the drip -line measurements of the roof. The pilings that have been set are right at the 12' applied for width, which would not allow for roof overhang. Please note that larger dimensions for roof overhang will not be granted without a modification to any permit issued. Number 7(b), please answer. The proxiuiity of the proposed boathouse is --150' from the adjacent pier to the north (Not from the applicants' pier). (Previously requested) 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: • Plats must be to scale and not greater than 1 inch to 200 feet (example 1"=30', V=40% etc.). It is recommended that a drawing be submitted that is not of such a small scale that indicated -measurements are unable to be read. It is recommended to submit a second site plan that shows only the shoreline area and existing docking facility. ■ Each drawing must have a simple Title Block and it must: - Identify the correct applicants name. Louis Basnight is still identified. - Identify the drawer of the plat (Previously requested) ■ A Plan View must be submitted that: - Indicates Bulkheads (Previously requested) Indicates Water Depths within the proposed boatlift area at Normal Water Level. (Previously requested) Indicates approximate location of Normal Water Level (@ bulkhead) (Previously requested) Indicates the adjacent water body as North Landing River. (Previously requested) Indicates that the boat ramp is not waterward of the bulkhead more than 20' as authorized in General Permit #A59879. If the boat ramp is more than 20' waterward of the bulkhead, please contact this office immediately. (Previously requested) Indicates northern the property line extended into North Landing River that will be used for the 15' setback. (Previously requested) 3. A Check or Money Order to cover the Application Fee must be submitted. Please provide this in the amount of $250 for private non-commercial development that does not involve excavation, dredging or filling of wetlands or open water areas. (Previously requested) Wayne Burch February 26, 2013 Page 3 To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process or would like to request a meeting to review the requested changes. Sincerely, Ron Renaldi Coastal Management Representative cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Barry B. Basnight, Applicant, Chesapeake, VA rVZD MAR 0 4 2013 DCM��� ND NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Barry Basnight 1220 S. Military Hwy. Chesapeake, VA 23320 Dear Sir or Madam: Braxton C. Davis Director June 13, 2013 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 parry 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. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V Hu gett Major Permits and Consistency Manager 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer DCM Coordinator: (:6,SEAN Permit #: b -7 - / 3 MAILING DISTRIBUTION SHEET DCM Field Offices �G✓ izabeth Ci Y (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: J5 Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) (5) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early or (en 'ronmental.review@ncdcr.gov) f Public Water Supply: Debra Benoy(WIRO) Jo to (WAR li Marine Fisheries: a Deat anne Hard NC DOT: Shellfish Sanitation: �1 State Property: im Wal I -- Water Quality: aren Hi ins Ralei o Hennessy (NC DOT) Washington: thong Scarborough Li Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater v Wildlife Resources: aria Dunn (WARD) 1001 Fax Distribution: Permitee #: Agent #: DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Barry Basnight County: Currituck LOCATION OF PROJECT: 160 Baxter Estates Road in Moyock, adjacent to North Landing River DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 03/25/13 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ron Renaldi DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: t Date: Lt /i-,/ 3 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $ 250 (100%) PUBLIC NOTICE RECD: Advertise: 04/07/13 ADJ. RIP. PROP NOTICES RECD: END OF NOTICE DATE: Comments due: 04/27/13 DEED RECD: APPLICATION ASSIGNED TO: l k"e (/ ON: C) 75 DAY DEADLINE: 06/08/13 150 DAY DEADLINE: MAIL OUT DATE: Circulation: 04/02/13 FEDERAL DUE DATE: STATE DUE DATE: Comments due: 04/23/13 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 11-18 - 13 v/ Coastal Management - LUP Consistency LI- $- 1-3 Division of Community Assistance N- I S -1 3 Land Quality Section tj- -.3-13 Division of water Quality Ll-S- 1 3 ✓ 3 -a 3s"o Storm Water Management (DWQ) State Property Office tl- 9 1 3 t/ Division of Archives & History V/ A f h 0 4[ U 1 Division of Environmental Health tl-Iu-13 Division of Highways L(- Ira-3 Wildlife Resources Commission Local Permit Office 3 Division of Marine Fisheries c (_ 17_ 13 Corps of Engineers b!Z (3 �W } tl-,�-13 s NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director April 2, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review Barry Basnight Natural Resources 160 Baxter Estates Road in Moyock, Currituck County Boathouse & 2 tie -pilings, creating 3 slips John E. Skvarla, III Secretary RECEIVED APR 1 5 2013 DCM-MHDCITy Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. t--�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 c:-- DATE �4 12 y 3 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264,39011 FAX: 252-264-3723 ; Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer J 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 April 2, 2013 MEMORANDUM APR 17 2013 TO: Kevin Hart NC Division of Marine Fisheries, WaRO DC.V„C1,t,S, FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: Barry Basnight Project Location: 160 Baader Estates Road in Moyock, Currituck County Proposed Project: . Boathouse & 2 tie -pilings, creating 3 slips Please indicate below your, agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. XThis agency has no comment on the proposed project. SIGNED This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE II Z01 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: wwwmcoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer AGAAPR NCDENR�, North Carolina Department of Environment and Natural R*,M.rgm Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary April 2, 2013 MEMORANDUM TO: Ken Pace NC DOT, State Constsuction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator S"JBCT: CAMA permit Application Review Applicant: Barry Basaight , Project Location: 160 Baxter Estates Road in Moyock, Currituck County Proposed project: Boathouse & 2 tie -pilings, creating 3 slips RECERED APR 18 2013 DCM-MHD CITY please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, MfiL*Aead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY- -vr,�- This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. 91GNED DATE y6 1367 US 17 South, 8040111 City, NO 27909 Phone:252-2W901 %FAX: 252-264.3723 ; Internet: www.nxowtalmanagementnet An Equal Opportunity 1 Af irma0a Adlon Employer 60/10 39dd 104CN 6EZVTEEL9L 9E:LO ETOb/9T/b0 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM TO: Doug Huggett, Major Permits Coordinator THROUGH: Frank Jennings, District Manager 7AY FROM: Ron Renaldi, Field Representative lkA j2 . DATE: April 15, 2013 SUBJECT: Barry Basnight Major Permit Recommendations John E. Skvarla, III Secretary RECEWBD +* APR 18 2013 DC:k4.V1M r'.1'rY The applicant proposes to construct a boathouse within an existing slip and add two tie -pilings creating a total of 3 slips. The site of the proposed development is located at 160 Baxter Estates Road (SR#1293), Lot #1 within Baxter's Estates S/D, Moyock, Currituck County, and is adjacent to North Landing River. The development proposal involves the Public Trust Area (PTA) and Estuarine Waters (EW) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0203 Manavement Obiective of the Estuarine and Ocean &stem It is the objective of the Coastal Resources Commission to conserve and manage estuarine waters, coastal wetlands, public trust areas, and estuarine and public trust shorelines, as an interrelated group of AECs, so as to safeguard and perpetuate their biological, social, economic, and aesthetic values and to ensure that development occurring within these AECs is compatible with natural characteristics so as to minimize the likelihood of significant loss of private property and public resources. Furthermore, it is the objective of the Coastal Resources Commission to protect present common-law and statutory public rights of access to the lands and waters of the coastal area. Consistent: The proposed development is consistent with the intent of this rule. 1367 US 17 South, Elizabeth City, INC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.n=astalmanagement.net o a NhCarO/l/ina An Equal Opportunity 1 Affirmative Action Employer Naturally Doug Hugget, Major Permit Coordinator Barry Basnight Major Permit Recommendations April 15, 2013 Page 2 07H.0206 Estuarine Waters (c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system. (d) Use Standards. Suitable land/water uses shall be those consistent with the management objectives in this Rule. Highest priority of use shall be allocated to the conservation of estuarine waters and their vital components. Second priority of estuarine waters use shall be given to those types of development activities that require water access and use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation channels; boat docks, marinas, piers, wharfs, and mooring pilings. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule 07H.0208. Consistent: The proposed development is consistent with the intent of this rule. 07H. 0207 Public Trust Areas (c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. In the absence of overriding public benefit, any use which jeopardizes the capability of the waters to be used by the public for navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such uses shall not be detrimental to the public trust rights and the biological and physical functions of the estuary. Projects which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit spoils below normal high water, cause adverse water circulation patterns, violate water quality standards, or cause degradation of shellfish waters are considered incompatible with the management policies of public trust areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general use standards for coastal wetlands, estuarine waters, and public trust areas. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Doug Hugget, Major Permit Coordinator &L RECEIVED Barry Basnight Major Permit Recommendations April 15, 2013 APR 18 2013 Page 3 Consistent: The proposed development is water dependent. DCM.MHDM Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraph (6) Piers and Docking Facilities pertain to this project, and those subparagraphs not listed are not applicable to this project. Doug Hugget, Major Permit Coordinator Barry Basnight Major Permit Recommendations April 15, 2013 Page 4 Paragraph (6) Piers and Docking Facilities Subparagraph (6)(A) states that piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Consistent: The proposed project does not include any additional pier sections. Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions do not apply to marinas. Potentially inconsistent: The applicant has ±86' of shoreline which allows for 688 sf of shading impacts. The existing 16'xl6' platform shades 256 sf and the existing 50'x5' L- shaped dock shades 250 sf for a total existing shading impact of 506 sf. The proposed 33'x13' boathouse will have an additional shading impact of±406 A (taking into consideration the roof overhang over existing platform) giving a total shading impact of 912 sf (224 sf above the allowable shading impact), which is well below the maximum of 2,000 sf. It could possibly be argued that the additional shading is to support a water dependent use that cannot otherwise occur as the applicant has a 24' long boat plus the footage of an outboard motor as well as safely accessing the boat. Subparagraph (6)(C) states that piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Not Applicable: Coastal wetlands do not exist on the property. Subparagraph (6)(D) states that a boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Taking into account the roof overhang over existing platform area, the boathouse is ±400 A. Subparagraph (6)(E) states that the total area enclosed by an individual boat lift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator RECEIVED Barry Basnight Major Permit Recommendations April 15, 2013 FAPR 18 2013 Page 5 Subparagraph (6)(F) states that piers and docking facilities shall be single story. ThKI"6WY roofed but shall not be designed to allow second story use. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(G) states that pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed development is consistent with the intent of this rule. (ii) not extending into the channel portion of the water body; Consistent: The proposed development is consistent with the intent of this rule. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation does not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(I) states that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H. 0601 No Violation of Any Rule No development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place. Consistent: The proposed development is consistent with the intent of this rule. Doug Hugget, Major Permit Coordinator Barry Basnight Major Permit Recommendations April 15, 2013 Page 6 15A NCAC 07H. 0602 Pollution of Waters No development shall be allowed in any AEC which would have a substantial likelihood of causing pollution of the waters of the state in which shellfishing is an existing use to the extent that such waters would be officially closed to the taking of shellfish. This rule shall also apply to development adjacent to or within closed shellfish waters when a use attainability study of those waters documents the presence of a significant shellfish resource in an area that could be expected to be opened for shellfishing given reasonable efforts to control the existing sources of pollution. Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a Major Permit be issued to Barry Basnight with permit conditions associated with Docking Facilities. I also recommend that the following specific condition be added to the permit: (1) A pre -construction meeting is required before any development occurs. NCDENR No i Carolina Department of Environment and Natural Division of Coastal Management Pat McCrory Braxton C Davis Governor Director April 2, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Renee Gledhill -Early NC Department of Cultural Resources Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review Barry Basnight 160 Baxter Estates Road in Moyoek, Cmtituck County Boathouse & 2 tie -pilings, creating 3 slips 4PR Q 6 2013 WIC PRESER O N OFF rE John E. Skvada, III Secretary (PAZ/�.l ff f.4.w 0,46 `4IlulIa, Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth conunents with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED n,a o DATE 44 l8 13 1367 US 17 Soo0, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-2643723 ; Internet: www nccoastalmanagement net An Equal opportunity 1 Affirnalive Action Employer APR 0 9 2013 A w r NCDENR North Carolina Department of Environment and Division of Water Quality NOT A CAII'M PEK- W T Natural Resources Pat McCrory Charles Wakild, P. E. N John E. Skvarla, III Governor Director Secretary April 10, 2013 DWQ Project # 13-0360 Currituck County Barry B. Basnight 1220 South Military Highway Chesapeake, VA 23320 Subject Property: 160 Baxter Estates Road, Moyock North Landing River [PAS54, 30-1-2, SC] NO WRITTEN CONCURRENCE REQUIRED Dear Mr. Basnight The Division of Water Quality (DWQ) has received a copy of your CAMA Major application. DWQ issues approvals in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #3900 (GC3900), the impacts described in your application do not require written authorization to utilize GC 3900. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins at 919-807-6364 or Anthony Scarbraugh at our Washington Regional Office at 252-948-3917. Sin of adwq For Charles Wakild, P.E. Attachments: GC 3900 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office DCM, Doug Huggett, Morehead City Office DCM, Ron Renaldi, Elizabeth City Office File copy DWQ Webscape Unit File: 13-0350 Barry B. Basnight_ 3900—approval/as North Carolina Division of Water Quality Internet w ncwateraualitv.ore One 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 NorthCarolina An Equal Opportunity/AHirmallve Action Employer-50% Recycled110%Post Consumer Paper )Vatumlllry Pat McCrory Governor April 2, 2013 M NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Anthony Scarbraugh, 401/Wetlands/Buffers Division of Water Quality - WaRO Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review Barry Basnight .11 160 Baxter Estates Road in Moyock, Currituck County Boathouse & 2 tie -pilings, "creating 3:_slips APR - 3 2013 trr,M -WAR Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. PO v-&'.TIXJ p.Ecsscea-o. This agency has no comment on the proposed project. This agency' approves of the project only if the recommended changes are incorporated. See attached. This agency objects to' the project for reasons described in the attached comments... . .. DATE 1357 US 17 South, ab city, 2790r Phone: 252-25439011 FAX: 252-26 Internat: www.nccoastalmanagement.net An Equal Opportunity 1 Afflrma5ve Adon Employer NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director April 2, 2013 MEMORANDUM TO: Charlan Owens, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: Barry Basnight REC1s7V13D APR 0 8 2013 Reources DCMMmcrly John E. Skvada, III Secretary Project Location: 160 Baxter Estates Road in Moyock, Currituck County Proposed Project: Boathouse & 2 tie -pilings, creating 3 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. X � SIG DATE 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-2643901 \ FAX: 252-264-3723 ; Internet: www.n000astalmanagement.net An Equal Opportunity \ Affirmative Action Employer SLIT, r �IC�DE�IR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM TO: Doug Huggett, M if Permit Coordinator FROM: Charlan OvvensJKICP, NE DCM District Planner Natu Ra John E. Skvaria, III FOR 0 8 2013 Secretary :s. �l tK'-EMCtTy SUBJECT: Major Permit Request by Barry Basnight to install a 13 foot by 33 foot boathouse, a 12 foot by 12.5 foot boatlift, and two (2) tie -pilings in the North Landing River; at 160 Baxter Estates Road, in the community of Moyock, Currituck County. Date: April 3, 2013 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through June 24, 2009. Overview: The subject property is a .57 acre cleared lot with 86 linear feet of shoreline along the North Landing River. Existing site improvements consist of a 12 foot by 12 foot storage shed with a 12 foot by 12 foot deck. Existing shoreline improvements consist of 74 linear feet of bulkhead, a 12 foot wide concrete boat ramp, a 4 foot wide by 84 foot long pier with a 16 foot by 16 foot terminus platform, and a 5 foot wide by 50 foot long "L" shaped platform with a pivot -style jet -ski lift and pilings for two (2) boat slips. Previous permits on the property include CAMA General Permit #A59879 issued in June of 2012 and modified in August of 2012 for the pier, platforms, jet -ski and boatlift. Water depths at the bulkhead are 3 feet below Normal Water Level (NWL). The river is greater than 2.5 miles wide at this location Installation of a 13 foot by 33 foot boathouse, a 12 foot by 12.5 foot boatlift. and two (2) tie - pilings is proposed. The boathouse will be constructed over the existing slip. The boatlift will be installed within the boathouse. The two (2) tie pilings will create one (1) slip. The waters of the North Landing River are classified as SC and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) was not observed within the project area; however it is known to grow within the shallow waters of this area. There appear to be no archaeological sites on or near the property. Anticipated impact: resulting from this project is expected to include: the shading of 429 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concem (AEC). 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 ; Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer North Carolina Department of Environment and Natural Resources MEMORANDUM Division of Coastal Management RECEIVED Page 2 of 2 u APR 0 8 2013 Basis for Determination: DCM•MHD CITY Areas of Environmental Concern (AECs) are designated as "Conservation Areas" as indicated on Page 11-1. The purpose of the Conservation designation is to provide for the long-term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The designation is applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. As indicated on Page 11-2, the standards of the Conservation class shall be applied in accordance with the site specific information made available during special studies and/or the land development process. Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and "Support: to shore up, may imply financial support". The following LUP policies may be applicable to this request: Public Access: Policy PA1, Page 9-3. "Public access to the sound and ocean waters of Currituck County is essential to the quality of life of residents and visitors, as well as the economy of the area. The County supports the establishment of ADDITIONAL PUBLIC AND PRIVATE ACCESS opportunities to the waters of Currituck County." Land Use Compatibility: Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependant (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor April 2, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis John E. Skvarla, III Director RECMV81) Secretary APR o 8 2013RECEIVED DCM-MHDc" APR 0 4 2013 Tim Walton, Manager State Property Office Doug Huggett Major Permits Processing Coordinator CAMA Permit Application Review Barry Basnight DOA STATE PROPERTY OFFICE 160 Baxter Estates Road in Moyock, Currituck County Boathouse & 2 tie -pilings, creating 3 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATEC 1367 US 17 South, Elizabe ity, 9 Phone: 252-2643901 \ FAX: 252-264-3723 ; Internet: www.necoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer Pat McCrory Governor MEMORANDUM: r� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director April 4, 2013 To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce AOvenue Morehead City, NC 28557 From: David Tuten, Environmental Engineer, PWSS/WaRO Subject: CAMA Permit Application Review Applicant: Barry Basnight Project Location: 160 Baxter Estates Road in Moyock, Currituck County Proposed Project: Boathouse & 2 tie -pilings, creating 3 slips John E. Skvarla III Secretary offREC 'PIM ' APR 0 8 2013 a DCM-MHDCrry REPLY: X This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Comments: • Proposed project should not impact any portable water sources. SIGNED Public Water Supply Section —Jessica C. Godreau, P.E., BCEE, Chief Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-64811 FAX: 252-948-00401 Internet: wwwncwater.org/pws/ An Equal Opportunity \ Affirmative Action Employer DATE t A X-97i i NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director FAPR RECEIVEDApril 2, 2013 112013 MEMORANDUM DCM-MHDCny TO: Tiffany Sanders, Local Permit Officer Currituck County FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: Barry Basnight Project Location: 160 Baxter Estates Road in Moyock, Currituck County Proposed Project: Boathouse & 2 tie -pilings, creating 3 slips John E. Skvarla, III Secretary Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. XThis office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNS DATE 13 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal opportunity 1 Affirmative 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 April 2, 2013 MEMORANDUM Shellfis S 1�if water en',enc ; TO: Patti Fowler Qep//tY Se�to�3t'eea/ NC Department of Environmental Health FROM: Doug Huggett Major Pennits Processing Coordinator RECEIVED SUBJECT: CAMA Permit Application Review Applicant: Barry Basnight APR 10 2013 Project Location: 160 Baxter Estates Road in Moyock, Currituck County DCM-MHD CITY Proposed Project: Boathouse & 2 tie -pilings, creating 3 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. 'y This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED iM� �- N1 � DATE �/1/13 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-2643723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer RMENR North Carolina Department of Environment and Division of Coastal Managemenl Pat McCrory Braxton C. Davis Governor Director April 2, 2013 MEMORANDUM I /� Natural Resources TO: Patrick McClain, P.E., Regional Engineer / Tracy Davis Division of Land Quality - WaRO FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: Barry Basnight Project Location: 160 Baxter Estates Road in Moyock, Currituck County Proposed Project: Boathouse & 2 tie -pilings, creating 3 slips John E. Skvarla, III Secretary # RECEIVED APR 2 3 2013 DCAf-MHD CITP Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. J,LThis 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 p4-- / DATE y//S-1.4113 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-26439011 FAX: 252-264-3723 ; Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer 71 N-C-DENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director f-13-o4.04.0( April 2, 2013 MEMORANDUM TO: Maria Tripp Dunn NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA Permit Application Review Applicant: Barry Basnight Project Location: 160 Baxter Estates Road in Moyock, Currituck County Proposed Project: Boathouse & 2 tie -pilings, creating 3 slips John E. Skvarla, III Secretary RECEIVED APR 24 2013 DCY4f-hf!10CPy c APR 2013 RECEIVED Habitat Conservation Pr4lram Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/23/13 to 400 Commerce Avenue, Morehead City, NC 28557. If you have any questions regarding the proposed project, please contact Ron Renaldi at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. ✓ This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED AAA 1 - I DATE zou 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer Howell, Jonathan From: Renaldi, Ronald Sent: Tuesday, April 30, 2013 4:34 PM To: Howell, Jonathan Subject: FW: Barry basnight Boat House Jonathan, See Mr. Basnights response below. Will This suffice? Thanks, Ron Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Barry Basnight[mailto:basnightsound@hotmail.com] Sent: Tuesday, April 30, 2013 4:31 PM To: Renaldi, Ronald Subject: Boat House Lift Mr. Renaldi: As per our conversation a fair description of my boat that I want to house on the boat lift at 160 Brumsey Rd. Lot 1 Currituck is as follows. I own a 1999 24' Wellcraft Walk Around with a 200 hp. Johnson outboard motor. The total combined length is just over 26', the beam width is 8', the height with the hard top combined is11'. With the size of the boat I need quite a bit of rain drip line so the boat will not fill up with rain water and cause the lift to have a catastrophic failure, damaging the boat or even causing harm to someone operating the lift. The boat is registered in North Carolina and I have hull Id. numbers and pictures. If needed we can launch the boat and pull it into the future lift area where it could be seen by the board members. Please advise me what is needed to help out with all considerations concerning this project. Thank You, Sincerely, Barry B. Basnight 7 May 2013 Regulatory Division Action ID No. SAW-2013-00826 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Barry Basnight for a Department of the Army permit to construct a boathouse and install two tie -pilings. The activity will effectively shade 429 square feet of waters. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: *. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. *. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL.00EAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. *. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. *. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. *. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands. shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. *. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic . materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. *. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. *. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. *. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. *. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). *. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. *. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Kyle Barnes, Washington Field Office, Regulatory Division, telephone (910) 251-4584. Sincerely, Kyle Barnes Regulatory Project Manager Copies Furnished: Ms. Karen Higgins N.C. Division of Water Quality, Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Howell, Jonathan From: Renaldi, Ronald Sent: Tuesday, April 30, 2013 12:36 PM To: Howell, Jonathan Subject: RE: Barry Basnight Jonathan, I got in touch with Barry first thing this am and he indicated that he would get it to me as soon as he could. I am comfortable with the property lines and there is a return wall on the property line which made it real easy to get a measurement that the roofline of the boathouse should be outside of the 15' setback, not by much though. All the piers on that shoreline run perpendicular to the bulkheaded shoreline, so the boathouse will follow the existing orientations. As soon as I get something I'll forward it on. Later dude, Ron Ron Renaldi Field Representative NC Division of Coastal Management Elizabeth City Office Rona Id. Re na I d i @ n cde n r.sov (252) 264-3901 ext. 232 (252)264-3723 FAX http://dcm2.enr.state.nc.us/ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulation. From: Howell, Jonathan Sent: Monday, April 29, 2013 4:57 PM To: Renaldi, Ronald Subject: Barry Basnight Ron, can you get me justification in writing (or email) from Mr. Basnight for the boathouse that is greater than 400 sq. ft.? Also, are you OK with the property lines on these drawings? They are showing property line extended. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net Howell, Jonathan From: Howell, Jonathan Sent: Monday, April 29, 2013 4:57 PM To: Renaldi, Ronald Subject: Barry Basnight Ron, can you get me justification in writing (or email) from Mr. Basnight for the boathouse that is greater than 400 sq. ft.? Also, are you OK with the property lines on these drawings? They are showing property line extended. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastaimanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Howell, Jonathan From: Howell, Jonathan Sent: Monday, April 29, 2013 4:54 PM To: Dunn, Maria T. Subject: barry Basnight Hello Maria, can you shoot me some comments on this project in Currituck County when you get a chance? Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastaimanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Howell, Jonathan From: Howell, Jonathan Sent: Monday, April 29, 2013 4:53 PM To: 'Bland, Raleigh W SAW Subject: Barry Basnight - Currituck County Raleigh, can you provide me comments on this project when you get a chance? Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Project Name 6+ Assigned to %vweW Assigned on */11113 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 — I rJ fa eYp�o{ BoatA$,k > Atoasf - eA mot y-1 Ci%C,e R,pai] OA LJrvs/ %.e eve Sl awrn, Written approval from DWQ is i n required for this project. NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Govemor Director Secretary April 2, 2013 Mr. Wayne Burch Cap's Marine and General Construction 115 Alex Lane Moyock, NC 27958 Dear Mr. Burch: The NC Division of Coastal Management hereby acknowledges receipt of the application submitted on behalf of Barry Basnight for State approval for development of property located at 160 Baxter Estates Road in Moyock, Currituck County. It was received complete on March 25, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is June 8, 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 75th day. If this agency does not render a permit decision within 70 days from March 25, 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 proposed development. You should post this notice at a conspicuous point along the 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 the property, or at a point along the road right-of- way where a private road would lead one into the property. Failure to post this notice could result in an incomplete application. RECEIVED APR 0 4 2013 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252.264-39011 FAX: 252.264.3723 ; Internet: www.ncooastaimanagement.net DCM-MHD CITY An Equal Opportunity 1 Affirmative Action Employer Mr. Wayne Burch April 2, 2013 Page 2 An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of Ron Renaldi's field report and/or comments from reviewing agencies. Sincerely, Frank Jennings District Manager, Northeastern District FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Ron Renaldi, Field Representative, DCM, Elizabeth City, NC Barry Basnight, Applicant, Chesapeake, VA RECEIVED APR 0 4 2013 DCM-MRD CTTY NoTI(01$1?j o I a AMA PERMIT APPLIES FOR CANS--RWLT BoaTao�►Sc ZNSTAt` A Z2-- b A msmb s a c- A e-L .1 _3 _o ..mr -l+ s# o c a i. a I E 2 COMMENTS ACCEPTED THROUGH C� y /27 /1-2 APPLICANT: e 0. \ aF*1 cI ' cqr4 lq wY &-KQ Va 22 -7S7 Y FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: i1 /3t. 7 u S ow A.!, 17 S. Cl: ao.J2tTL Ci-iw- NC 17C?09 2,S2- 2&((-3901, ExT. 232 k NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 legals @ thecoastlandtimes. net FROM: Yvonne Carver for Ron Renaldi DATE: 04/02/13 SUBJECT: Public Notice: Barry Basnight John E. Skvarla, III Secretary Please publish the attached Notice in the Sunday, April 7, 2013 issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. rI�'Fl41TITI a'i11 cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File 1367 US 17 South. Elizabeth City, NC 27909 Ev A 2�f3 Phone: 252-264-3901 \ FAX: 252-264-3723; Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer pCH-MHD M NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT NCDENR hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 03/25/13. Barry Basnight proposes to construct a boathouse & add 2 tie - pilings at 160 Baxter Estates Road in Moyock, Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 04/27/13, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, April 7, 2013 RECEIVED APR 0 4 2013 DCM-MHD CITY 2.1 i.'='%d RECEIVED APR. 0 4 2013 Dr :D CTTY MAJOR PERMIT FEE MATRIX Applicant: 0.0 t i g4sng h Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial j development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100%($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be a lied: IV. For development that El involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: RECEIVED APR 0 4 2013 DCM•MIID CITY WAYNEJ.BURCH DBA CAPS MARINE GENERAL CONSTRUCTION 1e-W531 3203 UC27952789 115 AL®(LN. MOYOCK, NC 27958 2A7p Q ZVo / y„--- DOLwns t1 w East Carolina Bank mgca n MEKO369AI 6ASN ,gym A:0531067991: [ r 00439956121'3203 RECEIVED APR 04 2013 DCM-MAD CITY Iq m m m so It- m nt ru O O G O r:4 ru ru ru ri 0 r, Mr. Morgan, FEB 20 2013 I t �7 We have requested a major permit from CAMA on the following work to be performed at 160 Baxter Lane Moyock NC 27958, owned by Barry Basnight. Please review the following description of work to be performed: The purpose of the proposed construction is for residential recreational use, for the storage of a boat. The land in which the work is to be completed is a residential lot, in an existing subdivision. The property is currently improved with a storage shed measuring 12'X12'with a 12' X 12' deck, an 84' pier with a 16' X 16' T located at the end of the pier and a L shaped pier 5'X 18' X 37', the proposed construction will be attached to the landward area of this pier. In addition there is a PWC Jet ski lift attached to the second pylon channel ward. The proposed construction will be to install 10, 10" 30 ft. pilings and construct a 32' X 12' boathouse with an 8/12 pitch hip roof. The project is expected to use only small hand held construction tools such as a nail gun, sump pump and generator. It is not expected that any heavy machinery will be needed for this project. As an adjacent property owner you have the right to contest this work within 30 days of this notification. If contested please contact Ron Renaldi, Coastal Management Representative at (252) 264-3901 ext: 232 or at their office with the physical address: Division of Coastal Management 1367 US 17 South Elizabeth City NC 27909 Please sign receipt of this description and retain a copy for your records. If you have any further questions on the work to be performed please contact Wayne Burch at (252) 339-3846. RECEMO '' ' ■ Complete items 1, 2, and 3. Also complete 4 if Restricted Delivery is desired. item ■ print your name and address on the reverse so that we can return the card to you. pgpq ■ Attach this card to the back of the mailpiece, Postage $ or on the front If space permits. cenined Fee $3.1006 1Ankle Addressed to: ReturnReceipt Fee (Endorsement Requi I $2.55 l Ic Ck- Reshsem Delivery Fee (Endorsement Requlrad) �e� \1n I y Total Postage & Fees $ $6' 11 02/01 ►�- g�g2q APR 0 4 2013 A. Signature X e. Received by ( ted Name) C. C tqg D. Is delivery address drfrerent from Rem 1? If YES, enter delivery address below: ❑ Agent m 3. Service Type ❑ Certified Mall '3 Express Receipt for Merohandisr p Registered Return ❑ Insured Mari t3 C.OD. 4. Restricted Delivery? l� ❑Yes 2. Article Number 7012 2210 0002 2398 3381 mndee/abed _.. 102595-02-M-15 PS Form 3811, February 2004 Domestic Realm Receipt Mr. Jones, R1EGEI UfIJ r FEB 2 0 2013� I We have requested_ a major permit from LAMA on the following work to be performed at 160 Baxter Lane Moyock NC 27958, owned by Barry Basnight. Please review the following description of work to be performed: The purpose of the proposed construction is for residential recreational use, for the storage of a boat. The land in which the work is to be completed is a residential lot, in an existing subdivision. The property is currently improved with a storage shed measuring 12'X12'with a 12' X 12' deck, an 84' pier with a 16' X 16' T located at the end of the pier and a L shaped pier 5'X 18' X 37', the proposed construction will be attached to the landward area of this pier. In addition there is a PWC Jet ski lift attached to the second pylon channel ward. The proposed construction will be to install 10, 10" 30 ft. pilings and construct a 32' X 12' boathouse with an 8/12 pitch hip roof. The project is expected to use only small hand held construction tools such as a nail gun, sump pump and generator. It is not expected that any heavy machinery will be needed for this project. As an adjacent property owner you have the right to contest this work within 30 days of this notification. If contested please contact Ron Renaldi, Coastal Management Representative at (252) 264-3901 ext: 232 or at their office with the physical address: Division of Coastal Management 1367 US 17 South Elizabeth City NC 27909 Please sign receipt of this description and retain a copy for your records. If you have any further questions on the work to be performed please contact Wayne Burch at (252) 339-3846. ■ 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 mailpiecer or on the front If space permits. 1. Article Addressed to: W'\\\Gm - ous ' *63's —o rn�y &L N0- 7795�, rbert Jones III ti n B. D. Is delivery addlNe different from Item Yes If YES, enter deli ddress below' ❑ No RECEIVED APR 0 4 2013 3. Service Type ❑ Certified Mall ❑ Express Mail Dl—'—W t' M CJTy ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Edna Fee) ❑ Yes 2. Article Number 7012 2210 0002 2398 3398 (rransfer from service faBeQ PS Form 3611, February 2004 Domestic Return Receipt A10954WIW ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant: Barry Basnight Date: 3/272013 Project Site County:Cumtuck StaffRon Renaldi District NEfizabeth City Washington ❑Morehead City ❑Wilmington Project Name: Boathouse with lift and ffe-pilings Rover File: Date of initial application submittal (EX., 12007).1/112013 Date application "received as complete "in the Field office (E)(.' 1/&2007): 32&2013 Permit Authorization: NCAM4 ElDredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑ Yes ®No Photos Taken: Yes ® No❑ Setback Required (riparian): []Yes ®No Critical Habitat: ❑Yes ONo ❑Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: Yes ❑No ®Not Sure Shell Bottom: ❑ Yes XNo Not Sure Temporary Impacts: []Yes JRNo Sandbags: El Yes ®No ❑ Not Sure Did the land use classification come from county LUP. ®Yes []No Mitigation Required (optional): []Yes ®No Moratorium Conditions: Yes MNo []NA Environmental Assessment Done: []Yes []No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladlum jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Disfichlis ❑ (SC) Bulhush or three square (Scirpus ❑ (T)q Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt(meadow grass (Spartina memerianus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/D&F up to 1 acre; 3490 ❑ lll(D) Priv. public or Comm w/D&F to 1 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major Ll Major Modification to a CAMA Major D IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ 111(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ 11. Public or commerciaUno dredge RECEIVED $100 and(or fill - $400 01. Private no dredge and/or fill - $250 ❑ III(C) Prtv. public or Comm wA)&F to 1 APR 04 2013 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Barry Basnight Date: 3/27/2013 Describe below the ACTIVITIES that have been applied for. AM values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Boat lift I New Work Replace 12.5 12 Maint ❑ ❑ Y ® N Boathouse 1 New Work Replace 33 13 Mainl❑ ❑Y®N Boat slips I New Work® Replace 1 Maint ❑ ❑ Y ® N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace - Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N DCMfJM CITY revised Nov. 2012 `IjC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) t Applicant, Barry Basnight Date: 31272013 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. FL (Applied for. Disturbance total includes any anticipated restoration or temp im acts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration andror temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tem hn acts FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Open water Dredge ❑ Fill ❑ Both ❑ Other ® 429 429 Shallow bottom Dredge ❑ Fill ❑ Both ❑ Other ® 429 429 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ MEWED APR 0 4 2013 DCM-MHD CITY 252.808-2808 :: 1.888.4RCOA3T :: wwwmccoastalmanaaement.net revised: Nov. 2012 Excise-IFG: i su ' Parcel No:,049A-000.000,X-0D0A k, Mail after recording t6: Brute This instrufuent was prep9red by: 5 Brief Description foh,Index: � I NORTH This DEED, made this SUK WE FEB FEB 20 2013y� I�IIU IIIIII III �lil IIIII III III IIIII IIIII illll Ilul iBll Illfl IIIII lill IIII Do o ID: 0024a4620002 Type: CRP Recorded: 12/21/2012 at 03:20.16 PM Fee Aft: $26.00 Page 1 of 2 Excise Tax: $0.00 Currituek County, NC Denise A. Hall Register of Deeds OK 1229 FD602-603 '.RECEIVED APR 0 <s i013 Recording Time, Book and Page: & Brumsey, PLLC, PO Box 100, Currituck, NC 27929 )wM-MHDCPPir William Bromsey, IIUjlk File No.: 06 B 37201 NO TITLE SEARCH PERFORMED OR REQUESTED Lot 1, ISiaxter Estates, Section A ? 1 , AROLINA 1 ENERAL WARRANTY DEED 28th day of November', 2012 by and between GRANTOR 'I i GRANTEE LOUISE D. BASNIGHT, widow '43 16 NBASMGHT •�• ,1220 S.•Kulltary Highway Virg South Beach, VA Drive ,� Chesad'enjM V1 23320 Virginia Beach, VA 23456 �•, � — r Enter in appropriate block for each arty: name, ajd�ess, anifappropriate�chararcter of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shalt include said partiel, the%"eirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required bygontext. j 'N ""^"'�oQ�T�T •� •�.- r ..-,+„• r . , .,,isw< onm;rLrnrinn naiH. hdrhr drantre.. thr'receinr of all of which is herehv acknowledged. •i t r I Jew :sandxo uoissitumoo 6W f. The property hereinabove described was acquired by Grantor by instrument recorded in Book 961 Page 445 ? A mylp showing t4.4bove described property is recorded in Map Book 4 Page 32 TO HAVE AND TO..HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantees in ?ee 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 dimple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the 11`wful claims o6ll persons whomsoever except for the exceptions hereinafter stated. •L ,Y / r A J l Title to the propety hereinabove described is subject to the following exceptions: Vhip p *rty herein described is conveyed subject to those certain restrictions Bled for record in,Deed MI P e 635 of the Currituck County RegirA R.eservatlotfs, restrietwis. and eilsements of record. APR O i 2013 7, 'I DCM-MHDCIIY IN WITNES9Y4HEkE0H,•the Granlbr has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate /. name b (Corporate Name) ,-_----- -E the day end year first above written. 'au iiorixt d officers end its seal to be hereunto affixed authorityof i Board of Di (SEAL) LOUIS Y� its dul Y F _ 5 D. NIGHT By - - -- —... - ��•-- -.—. f ' -- _ — — — (SEAL) ... r P ident', ATTEST: ' _tI_�.�_-------------�—._.—_..___._..._._•-_----- (SEAL) `SecrefaYy (Corporal- eal) r ' r r----- — -- --- ._ (SEAL) , STATE OF Y%M 0%, 0- C(O�U�NT icTrY OF I, K(bre r\ �' Ceps h '�' i'' % 'i r-- a Notary Public do hereby certify that LOUISE D. BASNIGHT I, r _ personally appeared before me this day and acknowledged 6due is iccution'of the forkgoing`ttistrtmiant for the purposes therein expressed. Witness my hand and official stamp or seal this ; - ,• _ day dfe pr�)Ar 2012 ML % (SEAL) AFFIX NOTARY SEAL No Public' My commission expires: Q 3o 15 KMIN P CAW IYIM)r t'1tN3i Mewrafrr al YY%trh 1111111111411 Y�14ara�' 1Ar� f + STATE OF NORTH CAROLINA, COUNTY/CITY OF t. r ' / '`•+ y J I' a Woiar"j PubliNo hereby certify that Personally came before me this day ana acknowhxiged that ; he is Secretary of a North C96lina corporation, and that said writing was given and as the act of the corporation, the foregoing instrument was signed in its name by itY -, " President, sealed with its corporate seal and attested by 40-ib Witness my hand and official stamp or seal this day of 2012, . f f Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Wayne Burch Cap's marine Construction 115 Alex Lane Moyock, NC 27958 Dear Mr. Burch: Director January 24, 2013 Re: Major Permit Application for Louise D. Basnight Secretary RECEIVED JAN 2 9 Z013 DCM-MF[D CITY The NC Division of Coastal Management hereby acknowledges receipt of your application on January 11, 2013, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. I am returning the original application package so that the needed changes can be made, but will retain a copy so that I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: 1. Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: ■ Form DCM-MP-1: - Number 1, the applicant is listed as Louise D. Basnight; however, after confirming the deed with the tax records for the property, it was found that Ms. Basnight sold the property to Barry B. Basnight on 12/21/2012. Ms. Basnight cannot have a permit issued to her because she is not the property owner. If Barry B. Basnight wished to apply for the permit, please fill out this section with his information as well as having him sign the application forms. Number 4(0, please list all structures on the property, specifically the deck adjacent to the shed as well as the entire "L"-shaped platform, jet - ski lift and tie piles. 1367 US 17 South, Elizabeth City, NC 27909 Phone: 252-264-39011 FAX: 252-264-3723 ; Internet: www.ncoDastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Wayne Burch January 24, 2013 Page 2 ■ Form DCM-MP-4: - Number 1(c), if only the 32'x12' boathouse is proposed, then this should be left blank as it appears the lengths listed represent structures that currently exist. - Number 1(e), if only the 32'xl2' boathouse is proposed, then this should be left blank as it appears the lengths listed represent structures that RECEIVED currently exist. - Number 1(f), please clarify. Is this the size of the lift to be housed by the ? 9 2013 boathouse? - Number 1(g)(ii), there are currently 2 slips existing. - Number m, if the tie pilings already exist, then this should be checked as "no" and 0 proposed. - Number 3, please note that the boathouse dimensions indicated must be the drip -line measurements of the roof The pilings that have been set are right at the 12' applied for width. - Number 7(b), the proximity of the proposed boathouse is —150' from the adjacent pier to the north (Not from the applicants' pier). 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: Plats must be to scale and not greater than 1 inch to 200 feet (example 1"=30', 1"=40', etc.). It is recommended that a drawing be submitted that is not of such a small scale that indicated measurements are unable to be read. • Each drawing must have a simple Title Block and it must: - Identify the drawer of the plat ■ A Plan View must be submitted that: - Distinguishes between existing and proposed features; specifically show the exiting tie piles and jet -ski lift. - Indicates Bulkheads - Indicates Water Depths within the proposed boatlift area at Normal Water Level. - Indicates approximate location of Normal Water Level (@ bulkhead) - Indicates the adjacent water body as North Landing River. - Indicates that the boat ramp is not waterward of the bulkhead more than 20' as authorized in General Permit #A59879. - Indicates northern the property line extended into North Landing River that will be used for the 15' setback. 3. A Narrative Description of the proposed development was provided; however, please submit a narrative that addresses the entire "U-shaped platform, the jet -ski lift, tie pilings and any changes to the application. 4. A copy of a Deed or other Title Indicating Document must be provided for the current property owner (see the enclosed copy that I printed for your verification of the sale and resubmit). { Wayne Burch January 24, 2013 Page 3 5. Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Retum-Mail Receipts for this notification, along with a copy of the notification provided to these owners and anv comments received in reDIv. Please note that this notification should indicate that they have 30 days to comment to our office They should also receive a copy of the application and site plan. 6. A Check or Money Order to cover the Application Fee must be submitted. Please provide this in the amount of $250 for private non-commercial development that does not involve excavation, dredging or filling of wetlands or open water areas. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sicerely. Ron Renaldi Coastal Management Representative cc: Doug Huggett, Major Pemiits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Louise D. Basnight, Applicant, Virginia Beach, VA RECEIVED JAN 2 9 2013 DC.Nf-yn'D CITY ( Q-1 3 051Hia North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John Skvada Governor Director Secretary May 2, 2013 Mr. Barry Basnight 1220 S. Military Highway Chesapeake, VA 23320 Subject: EXEMPTION - Stormwater Management Permit Stormwater Project SW7130402 CAMA Major for Barry Basnight Dear Mr. Basnight: Currituck County The Washington Regional Office received a copy of your CAMA Major application for the subject project on April 3, 2013. This project, located at 160 Baxter Estates Road in Moyock, NC, involves the construction of a boathouse to serve an existing single family residential lot in the Baxter Estates Subdivision, Staff review of the plans and specifications has determined that the proposed project will not pose surface water quality threats from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000 and SL 2008-211. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Any construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and SL 2008-211 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. Please reference the Stormwater Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact Bill Moore at (252) 946-6481. cc: Doug Huggett, DCM, Morehead City Washington Regional Office North Carolina DNislon of Water Quality 943 WashNion Square Mall, Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-946.9215 Internet w .ncwateroualifv.om An Equal Opportunity 1 ARnne4ve Action Employer Sinn lly, Amy AcWms Regional Supervisor Washington Regional Office None Carolina k,gr � r'♦ r ,y Encise'f'ax: = S aao-q, Parcel No:.049A-000.ONA-7000A Mail after recording t6: Bra This instmiaent was prepared by: 5 Brief Description fot Index: r PAGE 4j °'I FEB 2 0 2013� ---7- II�IIIIIIIIIINI�IIIiIIIUVI II�iIIIIIIn�1pIIIIINIBNi�IIIINIIIillill Doc ID: 002464620002 Type: CRP Recorded: 12/21/2012 at 03:20:16 PM Fee Art: $26.00 Page 1 of 2 Excise Tex: 60,00 currltuck Countyy He Denise A. Hall Malster of Deeds OK 1229 Pa602-603 RECEIVED pR0<<013 Recording Time, Book and Page: & Brumsey, PLLC, PO Box 100, Currituck, NC 27929 DCM-MHDCrrp William Brumsey, H11Jlk File No.: 06 B 37201 NO TITLE SEARCH PERFORMED OR REQUESTED -- Lot Estates, Section A � I , NORTH �ALAOLI1 A GENERAL WARRANTY DEED This DEED, made this 28th day ofifi . Novgatber`, 2012 by and between LOUISE D. BASNIGHT, widow BASNIGHT GRANTEE 1220 S.3vlitsry Highway Virg South Beach, VA Drive .� Cbessdeal�e, V j 23320 VirginiaBeach,VA 23456 1 _ Enter in appropriate block for each parry: name, a4ss, and, ifapproprlate�character of entity, e.q. corporation or partnership. r t The designation Grantor and Grantee as used herein shall include said partieg, their he rs,/ successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by gontext. W ITNESSETH, that the Grantor, for a valuable consideration pai'&. y'the ldrantee, thp'receipt of all of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the - acid Grantees in f le Auple, all that certain lot or parcel of land situated in the City of, Crawford Township, Currituck County, Nor4Carolina, t06re rkculmlyliescribed as follows: Being Lot No. 1 as shown and delineated on that certain plat prepared by S. Ehgo Williams, istered Surveyor, entitled "Baxter Estates, Section a, Currituck County, North Carolina; Scale 1lin�h = 200 fW, tinted October 27, 1971", said plat being recorded in Map Book 4, at Page 32 in &I'OfBce of,-theAiegitter dJ Deeds of Currituck County and reference is made thereto and the same is incorporated herein by ref"nce-flar t8etpurlime of making the same a part hereof for a more particular description of the properWherehi describetd: ,4 All or a portion of the property herein conveyed_ includes or _Xdoes not inchlge the prjmaryjresidencebf a Grantor. This instrument prepared by: William Brumsey, III, a licensed North Carolina attorney. I}'elinquent tsAes, ifany,'ta be paid by the closing attorney to the County tax collector upon disbursement of closing proceeds. ,i TRANSFER TAX AMOUNT DAMCOLLEC TO1t _ t2•a7 20, , I � i 1 I '1 _ f♦ The property hereinabove described was acquired by Grantor by instrument recorded in Book 961 Page 445 ?e A mdp showing;'th`e.�bove described property is recorded in Map Book 4 Page 32 i TO HAVE AND TO..HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantees in ?ee simple. And the GrAtor ccivenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee @ample, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the 11`wful claims ofall persons whomsoever except for the exceptions hereinafter stated. 1 . e F r`- 1 Title to the propery hereinabove described is subject to the fallowing exceptions: Ph a pplierty herein described is conveyed subject to those certain restrictions Bled for record in Deed Mt Pe 635 of the Currituck County RegirA�. Reservatior(s, restrictipni.and edsements of record. APR U 4 2013 ' I DCM-MAD CITY IN WITNES9tlVHEkE06,•the Gran)br has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate +(Corp(rrate Name) +; Y � the day and year first above written. name b its duiau Noriied officers and its seal to be hereunto affixed b authori of i Board of Di (SEAL) Y Y 1 _ 5 y LOUIS MGHT B (SEAL) P idem', ATTEST: '`------------ —__.—_..--•--....... .__----_.._. (SEAL) __.......--------.._....._—.-.-.---------- 'Secretary (Corporal^. Seal) (SEAL) --- — — - STATE OF ' L j� n\ a D ,C(OU�N,T,Y%CITY OP•`. a Notary Public do hereby certify that LOUISE D. BASNIGHT I I ` � ' i t ' - personally appeared before me this day and acknowledged t &due execution'of the forkgoifeiristrument for the purpo1. ses therein expressed. Witness T ess my hand and official stamp or seal this - ;,5'r df _ � , 2012 AFFIX NOTARY SEAL My commission expires: ct-30 J 5 (SEAL) STATE OF NORTH CAROLINA, COUNTY/CITY OF 1' a lgotary Publidvjo hereby certify that personally came before me this day mt$ ack tnwttdged that ; he is Secretary of a North C'Mlina corporation, and that said writing was given and as the act of the corporation, the foregoing instrument was signed in its name by its - President, sealed with its corporate seal and attested by Witness my hand and official stamp or seal this daary- y of 2012 t �4 SEAL) AFFIX NOTARY SEAL Notary Public •� My commission expires: �' `• j• i `` r, y I