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88-13 Renewal 2022 Jayne Enterprises LLC
Permit Class ..................... .............. Permit Number RENEWAL 88-13 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to. Jayne Enterprises LLC PO Box 3320 New Bern, NC 28564 Authorizing development in Pamlico County adjacent to Vandemere Creek at Captains Drive off Griggs Rd. in Vandemere as requested in the permittee's application dated letter dated 6/11/21. This permit, issued on September 21 2022 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ---•r•.. "••—• W Qanwu, v, "lay cause me permit to be null and void. 1) This Renewal shall be attached to Permit No. 88-13, which was issued to the permittee on 8/1/13, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 12-0208 v2. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2012-00452. NOTE: A permit renewal application processing fee of $100 was received by DCM for this project. ... "I —IMU a,ay — appca,cu uy me permruee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. �a Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DCM Coordinator: �Da� Permit#:So-(3 Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: NLAH NG DISTRIBUTION SHEET Washington 1�,m I (with revised work plan drawings) Wilmington (OBJECTIONS ) Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: Wildlife Resources: Natural Heritage Program LPO: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Clif Whitfield (WARO) Jimmy Harrison Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401/4 TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider — 401 (Fender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson Bodnar, Gregg From: Vaughan, Kent D Sent: Wednesday, September 21, 2022 10:32 AM To: Bodnar, Gregg Subject: RE: SAW-2012-00462 JD (1).pdf No I think all that was addressed in initial permit -----Original Message ----- From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, September 20, 2022 9:24 AM To: Vaughan, Kent D <kent.vaughan@ncdenr.gov> Subject: RE: SAW-2012-00462 JD (1).pdf Hey Kent, Jonathan said to issue. There are no issues with 1/4 width as measured today, right? Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov Find a Field Rep (arcgis.com) -----Original Message ----- From: Vaughan, Kent D <kent.vaughan@ncdenr.gov> Sent: Friday, July 22, 2022 8:55 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: SAW-2012-00462 JD (1).pdf For Vandemere Cove from The East Group. Bodnar; Gregg From: Bodnar, Gregg Sent: Wednesday, September 8, 2021 2:26 PM To: 'virginia.eitner@gmail.com' Cc: Vaughan, Kent D; Spivey, Kelly Subject: Vandemere Cove Permit #88-13 Afternoon Ms. Eitner, Thank you for your time this afternoon to discuss the renewal process. As we discussed the NC WRC has concerns that the wetland conditions on site may have changed since permit issuance. In order to determine if the site conditions have changed a wetland delineation needs to be completed and verified by the USACE. Once that has been completed and verified DCM can review and determine if conditions have changed significantly enough to require a new application. The renewal request will be on hold until the wetland delineation has been received by this office. Thanks again for your time and if you need anything else let us know, Gregg D_ECZ s.ie�Vi=flea¢matir+rcr'.al a.:ry\ �/"� Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 ON 28W ext 21S (Office) Gre Bodnar ncdenr. ov Email carrespomdeace to and from this address Is subject to the North Carolina public Records taw and may be disclosed to third parties. Bodnar, Gre From: Sparks, Keri E Sent: Monday, July 19, 2021 9:05 AM To: Pullinger, Robert C; YASRfiektflif, Harris, David B; _ ; ward, Garcy; 13au4oarlem s-kJosh.R.Pelletier@usace.army.mil; Pedr' nn, Maria Kacn I A; Butler, Rodney A; T.bccpa,-Reger, Dumpor, Samir;mow ac S , Montalvo, Sheri A; Skip Lee Pamlico Co Cc: Bodnar, Gregg; SVC_DCM.MHC.Admins Subject: CAMA Major Renewal Vandemere Cove Pamlico County Attachments: Renewal memo to agencies _vandemere cove.docx; Vandemere Cove - CAMA Renewal - Owner Request.pdf, Final Permit 8-1-13.pdf, signed permit apps_2-8-12.pdf,, CAMA-C1.1 _1-9-12.pdf; CAMA-C1.2_1-9-12.pdf, C0.1 09-30-08.pdf; SW 12-9-06.pdf; C1.1 05-08-2008.pdf Importance: High Good Morning, Attached is the renewal forms, memos, applications and maps for Vandemere Cove in Pamlico County. If you have any questions about this Major renewal please contact Kent Vaughan (252)948-3853 or kent.vaughan(@ncdenr.gov. This email has delivery request and read so we can keep track of circulation. Have a great day Kerf E. Sparks AdmiaistrfEnilrosmei to ff Diszsion ofEnvironmeatalAssistaan and DEQ'>Custame,rNrrWcr NC Department of Environmental Quality DNA Mtai�">� r Office:252-948-3820 keri_soarksPncdenr.eov Email correspondence to and from this address is subject to the North Caro; ra Public Records Law and may be disclosed to third parties. June 11, 2021 Mr. Kent Vaughan Field Representative NCDEQ — Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Re: Vandemere Cove CAMA Permit Renewal Permit No. 88-13 Jayne enterprises, LLC Dear Mr. Vaughan, Based on our recent discussions I would like to request that the CAMA Permit issued to Jayne Enterprises, LLC on August 1, 2013, Permit No. 88-13, be renewed for the development known as Vandemere Cove in Vandemere, NC. This permit expired on December 31, 2016. When the permit was issued in 2013, development in this area had come to a halt and residential developments were not moving forward. The housing market was still recovering from the 2008-2009 downturn and we were not able to invest in the permitted improvements at that time. With the exception of an access drive constructed across our property to the southern adjacent property and the extension of a water main to also reach the adjacent property, there has been no other work on this property. None of the marina or CAMA area improvement have been started or completed. Going forward we are proposing to develop the property in accordance with the approved plans with no changes. With this letter, the following information is included: 1. A copy of the original permit issued. 2. A copy of the original application for permit. 3. A copy of the construction drawings, survey drawings and wetlands maps referenced in the permit. Please contact me at 252-671-1771 or Michelle Clements (Engineer with The East Group) at 252-t5tf-3140 it you have any questions or need any additional information. Thank you, C� U Virginia Eitner Permit Class NEW Permit Number, I 88-11 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 41ermit for X Major Development in an Area of Environmental Concern'. pursuant to NCGS 1113A-1 18 - Excavation and/or filling pursuant to NCGS 113-229 issued to, Jiyn6 Enterprises, LLC, PO Box 3320, New Bern, NC 28564 Authorizing development in Pamlico County adjacent to Vandemere Crock atfintains Drive off Chiggs Road- Vandemcre, as requested in the permittee's application dated 2/8/12'including the attached workylan drawings. (6). as referenced in Condition No. I of this permit Thispermit, issued on Anglygit 1, 2RI3 Js subject to compliance with the application (wh9re.c.on'sistent with,the permit),.all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment orcivilaction; or may cause the permit to be null and void; Unless specifically altered herein; all developin6rit shall be carried out in accordance'with the attached workplan drawings (6): "Property Map dated received in NMC 1/11/12, SUl dated .revised 12/15/06, C1.1 & C1.2 dated revised 1/6/12, C01 dated revised-9/30/08 and C1.1 dated revised 5/8/08. Upland Development 2): Unless specifically altered herein, this permit authorizes the grading and other'land disturbing activities associated with the construction of the 66-lot subdivision, golf cart parking lot, nature trail,, overlook deck, pond, -gazebo and associated infrastructure, all as. expressly andspecifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities", and/or construction may require.a modification of this permit. Contact a Divisioti of Coastal Management representative at (252) 808-2808 for this determination. ;(See attached sheets for Additional Conditions) Tiiis permit . action may be appealed by the permittee or Signed by the authority of the Secretary, of, DENR and, the Other qualified persons within twenty (20)'days of the issuing Chairman of the Coastal Resources Commission. 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 maintenanceI work or project modification not covered Praxt&t Davis, Director , hereunder requires finther Division approval, ivision of Coastal Management' All work must cease when the permit expires on This permit and it conditions are hereby accepted. 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., - FFennittee' Jayne Enterprises, LLC Permit #88 13 Page•2 of 4 ADDITIONAL CONDITIONS 3) , In accordance with requirements of the U.S. Army Corps of Engineers, residential lots, associated,with.: this subdivision shall be designed to be buildable without.additional wetland impacts. Stormwater 4) The Division,of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission is covered by way of Stormwater Permit No. SW7070701, which was issued on 7113/07. Any violation of the permit approved by the DWQ shall,be considered a violation of this CAMA permit. Marina 5) Unlessspecifically altered herein; this.T' ermit authorizes the 65-slip marina .arid other,structures and uses. located in or over the water that are • expressly and specifically, set forth in, the permit. application. No other structure, whether floating or stationary, shall become a permanent part of this marina; without permit modification.. No non -water dependent,uses of structures shall,be conducted,onj in or over public, trust waters without permit modification. 6):. No.portion of the authorized marina, including tie piles, shall extend more than one quarter of the width of the water body or the established pier headline. 7 , Any portion of the ermitted access ier, docking p, p' king facilities or walkway. built over Coastal Wetlands shall `not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate ,a's- measured.from the bottom of the decking. 8) The pier,and associated structures shall have, a minimum setback distance of 15 feet between,any parts of the structure and the adjacent property owner's riparian access corridor. 9) ., No. sewage;.whether treate&or untreated; shall be: discharged at -any, time from any-'- ny boats using the marina. Any sewage discharge at the marina shall be considered a any, of this permit for which.the, . permittee is responsible. This prohibition shall be applied and.enforced throughout the entire existence of the perinitted structure.. . 10) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout'sewage disposal facility shall be installed and operable at an easily accessible location; and maintained for.the1ife-ofthe marina. 11').-° Prior to the occupancy of any slips authorized by this permit, the permittee shall meeton-site. with a, representative of the Division to ensure that the required pumpout facility is in place and operable.' The manna'facility shall display a sign showing the location of the on -site pumpout'facility,:inoluding .' other appropriate waste disposal information, at the entrance and exit from the main piers. 13) 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. ---------------- Jayne Enterprises, LLC ermr Page 3 of 4 . ADDITIONAL CONDITIONS ' 14) The'pennittee.shall maintain the authorized work in good condition and in conformance with the terms i 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. 15) This pertniYdoes 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. i 16) 'The permitm 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 Jt more visible during hours of darkness. or inclement weather.' 17) The authonzed -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. 189'' This permit authorizes a maximum of 65 formalized boatslips. ; Easement 19),,. . An Easement from the. Department of Administration's State Property Office may be, required,under. N.C.G.S: 146-12(e). The permittee shall contact the State Property Office at (919)-807-4650,pri6r to the initiation of construction of. any structures. over state-owned submerged lands to determine• if such an ~,easement will be required. Any required easements shall be obtained, and a copy provided' to .the, j Division- of Coastal Management at 400 Commerce, Avenue, Morehead City, NC ,2855T, prior to i construction of any new boat slips or other docking facilities authorized under this permit. CAMA Land Use Plan Conditions e with the 2004, Pamlico Count CAMA Land Use Plan rior to the,, i ` 20 . • Inorderto ensure compliance wn . P ,. r ,) P Y occupancy:of any new slips,, the permittee shall install a dry hydrant prior to the occupancy of any slips authorized by this permit. The dry hydrant shall remain in place for the life of the permitted facility. Sedimentation and Erosion Control a NOTE:" The Division of Energy, Mineral and Land Resources approval of this project is covered by' way of Erosion and Sedimentation Control PlariNo.'Pamli-2008-003, which was issued on 7/30/07 . Any violation of the permit approved by the DEMLR shall be considered a violation :of this CAMA permit. r w 21) , In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended.sediments in adjacentwaters.--------------------- _._- - ------------------- Jayne Enterprises, ILL Permit#88 13 I Page 4 of 4 a ADDITIONAL CONDITIONS { 22) A ground cover sufficient to restrain erosion shall be provided, within 30 calendar days of completion of any phase of grading on cut or filled slopes: " General 23) No wetlands or open water' areas shall be -excavated or filled, even. temporarily, without additional authorization. 24 Pwrittemmmt shall not assigned, transferred, sold, or otherwise disposed ofto'a third party without the`( 6 m. approval .of the Division of Coastal Management. t 25) 'The pemuttee and/or hist or her contractor shall meet with a representative of the Division pnor to 1 project initiation. NOTE:. This.permit does not eliminate the. need to ,obtain any additional state, federal'or,local'permits;; approvals or authorizations that may bel required.:,. , NOTE: Future development .of the permittee's property may require a modification of this 'permit ? Contact a representative of the Division at (252).808-2808 prior'to the:coinmencement`of any. such activity for this determination. NOTE:. Installation of the new water mainswill require engineered plans, and specifi6tions-,to be, submitted to the Public Water Supply Section for review and approval before installation; NOTE: TheN.C. Division of Water Quality has authorized the proposed projeetunder DWQTroject No 1270208 v2. : NOTE: The U.S. Army Corps of Engineers, authorized the proposed project under COE Actiow Id No,, SAW-2012-00452 which was issued on 7/9/13: • i 0 NOM H CMOLINA _ mrcolmontal Quaidy July 19, 2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(a)ncdenrgov SUBJECT: CAMA Major Permit Renewal Review Applicant: Jayne Enterprises, LLC Permit No: 88-13 Project Location: off Griggs Road, Vandemere, NC ROY COOPER (invenmr MICHAEL S. REGAN Secrelary BRAXTON DAVIS Direamq Dwalon af('o swal Managrmenl DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Greqq Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Kent Vaughan (252)948-3853. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the renewal request as proposed. *'Additional comments may be attached** PRINT AGENCY SIGNATURE DATE This agency has determined that circumstances or development standards have changed and warrant a new CAMA major permit application review. See attached. State of North Carolina J Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808.2808 s4 t2 .Say. NORTH CAROLINA Environmental Quality July 19, 2021 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMAMajor Permit Renewal Review Applicant: Jayne Enterprises, LLC Permit No: 88-13 Project Location: off Griggs Road, Vandemere, NC ROY COOPER Gmvnror MICHAEL S. REGAN Secnaury BRAXTON DAVIS Dimernq Lpvtrfun ql om tot Management DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Greco Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Kent Vaughan (252)948-3853. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the renewal request as proposed. **Additional comments may be attached*" _ This agency has determined that circumstances or development standards have changed and warrant a new CAMNmajor permit application review. See attached. . I01N7.NAl11YE_Clif Whitfield AGENCY _Public Water Supply Section ,iI V E D SIGNATURE ' t JUL 1 6 2021 gpTS 7-19-2021 i P&P SICTION apAHD State of North Carolina 1 Enviru mental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 Bodnar, Gregg From: Thorpe, Roger Sent: Monday, July 19, 2021 11:58 AM To: Bodnar, Gregg Subject: CAMA Major renewal for Jayne Enterprises - Vandemere Cove - Pamlico County Greg This project was issued a low density stormwater permit (SW7070701) that is still in effect. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office ro q e r. th o rp a na. n cd e n r. q oy Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Hcnn 1 PKQ mwnrt l a9 Ertv+rcn=4UI Mlallry Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. r r NORTH C:RO'_i�d,: ErtutresmsrF1� ;1uaSt, July 19, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) grega.bodnar@ncdenr.gov SUBJECT. CAMA Maior Permit Renewal Review Applicant: Project Location: Jayne Enterprises, LLC Permit No: 88-13 off Griggs Road, ygladglnM NC ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Greta Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Kent Vaughan (252)948-3853. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the renewal request as proposed. "Additional comments may be attached" This agency has determined that circumstances or development standards have changed and warrant a new CAMA major permit application review. See attached. PRINT NAME Lee Padrick RECEIVED AGENCY NC Commerce SIGNATURE _ 1pawx J U L 2 0 2021 N',P SECTION 0frn® DATE 7-21-21 sb- QMTalh EM=-Mt]Q=ht ICovt.l�l.:a.�an,-nc 400 Coz um Aue.ldaeliwd Cdy, NC 2$557=:�252) SO&MCIS a NORTH CAROLINA Environmenf al Ouality July 19, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gregg.bodnarCc .ncdenr.gov SUBJECT: CAMA Major Permit Renewal Review Applicant: Jayne Enterprises, LLC Permit No: 88-13 Project Location: off Griggs Road, Vandemere, NC ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON DAVIS Uiremoq Dwnia,, ofCoaatal Management DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Kent Vaughan (252)948-3853. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the renewal request as proposed. "Additional comments may be attached" This agency has determined that circumstances or development standards have chang d and warrant a new CAMA major permit application review. See attached. Shannon Myers PRINT NAME AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE &Utm I W (j for Shannon Jenkins 7/28/2021 DATE ECOVED J U L 2 8 2021 State of Noah Carolina I Environmenml Qualify I Coastal Management f T SECTION UND 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 -- NORTH CAROLINA Environmental Quality July 19, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax:252-247-3330 (Courier04-16-33) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMA Major Permit Renewal Review Applicant: Jayne Enterprises, LLC Permit No: 88-13 Project Location: off Griggs Road, Vandemere, NC ROY COOPER Gmenmr MICHAEL S. REGAN ,Secretary BRAXTON DAVIS Daecraq Divlrian ojCoavlal Management DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to to Gregg at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Kent Vaughan (252)948-3853. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the renewal request as proposed. "Additional comments may be attached" This agency has determined that circumstances or development standards have changed and warrant a new CAMA major permit application review. See attached. PRINT NAME Rachel Love-Adrick AGENCY Division of Coastal Management W U k4 SIGNATUR DATE 8/13/2021 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 C9E-VEER AUG 1 3 2021 PAP SECTION MHD ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management /J FROM: Rachel Love-Adrick, District Planne l / JE Division of Coastal Management ,"(f(" �V SUBJECT: Major Permit Renewal 88-13 Request, Jayne Enterprises DATE: August 13, 2021 PIECOVI AUG 1 3 2021 LUP CONSISTENCY DETERMINATION: The request is found to be conditionally consistent with the Pamlico County Joint CAMA Land Use Plan certified by the CRC on January 28, 2005 provided that the project meets the following conditions: o Provide at least one dry fire hydrant (Policy 1.1.2.1) Overview: The overview and anticipated impacts are from Brad Connell's Field Report dated 2/14/2012. The project site is 40-acres located in Vandemere at the end of Captains Drive, off of Griggs Road in Pamlico County, adjacent to Vandemere Creek. The applicant wishes to construct a new 66-lot subdivision known as Vandemere Cove with infrastructure, paved roads, gazebo, a 35-space asphalt parking lot for golf carts for residents of Vandemere Cove Subdivision, 65-slip private/community marina, nature trail, and an overlook deck. AECs involved include: Estuarine Waters, Public Trust Area, Estuarine Shoreline, and Coastal Wetlands. Vandemere Creek is about 700 feet across at this location. The creek is classified as SC;Sw,NSW, is not open to shell fishing, and not located within a Primary Nursery Area. There is not a defined Federal Channel in this area. This project area is subject to the Neuse River Riparian Buffer Rules. The field report indicates no cultural resources. The elevation of the high ground of the parcel is about+ 3' above the normal water level. Vegetation on the common lot mainly consists of Coastal Wetlands, mixed trees and shrubs, and Section 404 Wetlands. This lot has approximately 1,300' of continuous shoreline along Vandemere Creek. Immediate offshore water depths adjacent to the lot range from about -2' to -6.9' nwl. The subaqueous substrate is firm without shell. Anticipated impacts The marina will not pose a hazard to navigation because it will be less than % of the width of the waterbody. The marina docks will be greater than 50' from both of the adjacent riparian property lines. This proposed community marina will usurp 105,600 ft2 of Public Trust'Waters. The marina and nature trail's decking will shade approximately 4,895 ft2 of Coastal Wetlands. The remaining proposed development (i.e. the gazebo, asphalt roads, and golf cart parking lot) will fill 779,724 ft2 of high ground. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead city Office 1 400 Commerce Avenue I Moorehead City, North Carolina 26557 2528082808 This project area is subject to the Neuse River Riparian Buffer Rules. The proposed gazebo and parking lot are sited outside of the EMC's 50' riparian buffer, but significant portions of the nature trail and the overlook deck are proposed within the 50' riparian buffer. Water depths within the proposed boat slips are deep enough to prevent scouring of the shallow bottom habitat. Basis for Determination: The project is subject to the 2004 Pamlico County Joint CAMA Land Use Plan. The Future Land Use Map (FLUM) classifies the site as "Rural with Services", "Conservation 1" (due to Estuarine Waters AEC), "Conservation II" (due to the properties shoreline that border Estuarine Waters) "Conservation III" (due to the properties Coastal Wetlands), and "Conservation IV" (due to properties 404 wetlands). The Future Land Use Map conservation land use designations have specific land use and development objectives and policies. The Conservation II land use designation "establishes a permanent conservation zone for all land within 75 feet of the natural mean high water level for all shorelines bordering primary nursery areas, estuarine waters, and public trust waters (pg. 76)" and states that "All construction activities are prohibited in this zone, except for those permitted under the CAMA use standards for estuarine waters and coastal wetlands. Generally, these uses are those that require water access and that cannot function in another location, such as piers and docks, boat ramps, marinas, and erosion prevention structures (pg. 76)". Applicable or related LUP policies include: 1.0 Public Access 1.1.2 The county recognizes the importance of marinas (publicly or privately owned docks for more than 10 vessels) in accommodating public access to its waters. The county, through its local policies and requirements, will support the CAMA specific use standards for marinas and will ensure that marina sites and marina operations are compatible with surrounding land uses and are consistent with the goal of protecting and restoring water quality. 1.1.2.1 The county will require open water and upland marinas to meet the following development guidelines: • Provide wastewater pump -out facilities and restrooms approved by the appropriate state or local agency. • Provide at least ''/: off-street space for each slip or storage space. (Marinas serving solely property owners of an adjoining subdivision are not required to provide off- street parking.) • Provide at least one dry fire hydrant. 1.1.2.3 Multi -dock facilities that serve an adjoining residential subdivision are not required to have permanent restrooms or pump -out facilities; however, the county strongly encourages homeowner associations in these subdivisions to establish and enforce rules that prohibit "live - aboard" situations at these facilities. 2.0 Land Use Compatibility 2.1 Pamlico County strongly discourages any uses in estuarine waters that are no e, m,le bi h protection and conservation of their biological and community values. � � LS J ED AUG 1 3 2021 NIP SECTION MHD Q� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead CityOfnce 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 Do�� 252.80112808 J - - u 2.1.1 Only development associated with water -dependent uses is allowed. Examples of appropriate development may include public access facilities, docks and piers, erosion control structures, or other uses that are permitted by CAMA use standards; NrAc nsA: 07H.0208 2.1.4 Marina construction is allowed, subject to the guidelines contained in the Public Access section. Where practical, upland marinas are preferred as an approach to maintaining public access and waterfront aesthetics. 2.2.1 Pamlico County endorses the CAMA policies and use standards for coastal wetlands and the development permit process as an effective tool for conserving coastal wetlands. 2.2.2 Through its local review requirements, the county encourages land uses and development that are consistent with conservation of coastal wetlands. Only uses that require water access and cannot be located elsewhere will be accepted. Examples of appropriate uses are utility easements, piers, and docks. 2.2.3 Where acceptable uses are permitted, they must be developed in such a manner that the impact on coastal wetlands is minimized. 2.3 The county strongly supports management of development in its estuarine shoreline to protect water quality and the aesthetics of the waterfront. 2.3.1 The county supports the CAMA use standards^N�CTtsA:o7H.o2oe for estuarine shorelines. 2.3.3 The county establishes a local, permanent conservation zone within 75 feet of the normal mean high water level or normal water level for all shorelines bordering public trust waters, estuarine waters, and any waters designated as primary nursery�areas. 2.3.3.1 All development and construction activities will be prohibited in this area except for the following uses: marinas, docks and piers, boat ramps and similar structures providing public access; and structures to prevent erosion as described in the Public Access policies section. 2.3.3.2 This permanent conservation zone is not intended to apply to man-made ditches, canals, basins, lakes, impoundments, and similar constructed facilities. The policy is not intended to apply to forestry operations that comply with "best management practices." 2.3.3.3 The conservation zone applies to all subdivisions of land after January 26, 1990, regardless of the intended use, and to all divisions of land after the certification of this plan. 5.0 Water Quality 5.1.1 The county will continue to enforce a 75-foot permanent conservation zone along its water bodies. Generally, except as allowed by policy 2.3.3, page 59, no construction is permitted within this zone on lots or parcels divided after January 26, 1990. C IVicD Discussion: AUG 1 3 2021 North Carolina Department of Environmental Quality I DWIsI tRastatyi3nag - ; J( Morehead City Office 1 400 commerce Avenue I Moorehead City, North Caroftna 28557 252.808.2808 Below is an overview of the applicable land use plan policies related to this project, and a description of how the project does or does not meet these requirements. Marina Requirements: a. Provide wastewater pump -out facilities and restrooms approved by the appropriate state or local agency (Policy 1.1.2.1). o The project is solely serving the adjoining subdivision, therefore this policy is not applicable. See Policy 1.1.2.3. b. Provide at least''/: off-street space for each slip or storage space. (Marinas serving solely property owners of an adjoining subdivision are not required to provide off-street parking.) (Policy 1.1.2.1). o . The project is solely serving the adjoining subdivision, therefore this policy is not applicable. c. Provide at least one dry fire hydrant (Policy 1.1.2.1). o There is no reference to a dry fire hydrant in the application. The applicant must provide at least one dry fire hydrant to be consistent with this policy. Wetland Requirements: Through its local review requirements, the county encourages land uses and development that are consistent with conservation of coastal wetlands. Only uses that require water access and cannot be located elsewhere will be accepted. Examples of appropriate uses are utility easements, piers, and docks (2.2.2.). o The project is consistent with this policy. The nature trail proposed provides access to the marina slips that are water dependent. Permanent Conservation Zone Requirements: The marina and its associated slips, docks, piers and nature trail meet the requirements for water dependent uses as outlined in policies 2.3.3, 2.3.3.1, 2.3.3.2, 2.3.3.3 and 5.1.1; and the Future Land Use Map Conservation II designation. " t E. AUG 1 3 2021 KIP SECTION MHD D _E Q� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Clty' Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 wnmrsnoiiu g o - 252.808.2808 Bodnar, Gregg From: Dunn, Maria T. Sent: Thursday, August 19, 2021 3:31 PM To: Bodnar, Gregg Subject: RE: CAMA Major Renewal Vandemere Cove Pamlico County G regg, I will get comments on this to you tomorrow (hopefully). It's an old project and the concerns I stated then are the same now (understanding they are already permitted, and concerns weren't incorporated then and likely won't be now — consistency though!). I will also state a new wetland delineation should be done due to time passed. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 www. ncwildlife.ora Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Harrison, James A <James.Harrison@ncdenr.gov> Sent: Thursday, August 19, 20213:15 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov> Subject: Re: CAMA Major Renewal Vandemere Cove Pamlico County Good afternoon Gregg, The comment sheet and comments for the Vandemere Cove permit are attached. Thanks Gregg! Jimmy Jimmy Harrison Ha6itat and Enhancement Section a NORTH CAROLINA Environmental Quality July 19, 2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) preeo.bodnarcDncdenr.eov SUBJECT: CAMA Major Permit Renewal Review Applicant: Jayne Enterprises, LLC Permit No: 88-13 Project Location: off Griggs Road, Vandemere, NC ROY COOPER Governor MICHAEL S. REGAN .5'ecreiary BRAXTON DAVIS Direcmr, Division oJC'oasral Management DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Kent Vaughan (252)948-3853. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the renewal request as proposed. **Additional comments may be attached** This agency has determined that circumstances or development standards have changed and warrant a new CAMA major permit application review. See attached. PRINT NAME James Harrison AGENCY NCDMF SIGNATURENL¢2 9YO�eadrL DATE 19 August 2021 RECEI F/ ED AUG 2 0 2021 P SECTION MNAD State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808.2808 ROY COOPER Governor JOHN NICHOLSON Nterim5ecretaty KATHY B. RAWLS Director MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: Vandemere Cove, Pamlico County DATE: 19 August 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that may impact fish and fish habitats. The proposed work is located at the proposed Vandemere Cove Subdivision off of Griggs Road in Vandemere, within Pamlico County. DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows DCM to circulate the request to state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA Major Permit review. The proposed development includes the construction of approximately 2,800 linear feet (LF) of wooden boardwalk/pier, 31 finger piers, and four platforms at the end of the piers, resulting in a 65-slip marina for residents of the Vandemere Cove Subdivision. Staff from DMF previously provided comments for this permit in September of 2008. In those comments, DMF staff voiced concerns regarding the impact that the proposal may have on commercial and recreational fishermen in this area, including a loss of available fishing area. DMF still has concerns with the proposed marina's potential impacts on space available to the public for uses such as fishing. The comments submitted previously also recommended including a restrictive covenant to prevent waterfront lot owners from building individual docks. DMF still believes that this should be included in the permit in order to prevent additional increases in the number of structures in this area. Taking into consideration the size and scope of the proposal, DMF recommends that the permit include a moratorium of April 1 through September 30 for all in -water work. DMF is also concerned with the proposed layout of the structures that cross over the existing wetlands. The piers and approaches to the docking facilities could be redesigned to minimize potential impacts to wetlands. As an example, the approach to the northernmost docking structures should be repositioned -in a way that minimizes the amountg-tsCEW E Slate of NorthCarolma I Division ofMarineFlAUG 2 G 2021sherles , 3441ArendeHStreet I P.O.Box769I Morehead City,North Carolina285S7 252-726-7021 P SECTION WD crossed. This can be achieved by having the approach connect to "Section A" as opposed to the middle of the structure. Another example would be to have a combined approach for the two southernmost structures, rather than two separate approaches. Incorporation of these measures would significantly decrease the impacts to wetlands. In order to minimize potential conflicts regarding the use of these waters, DMF also recommends that the design incorporate measures that will prevent vessels from docking on the waterward sides of the T-head platforms (with the exception of the location of the pumpout facility). This can include railings and/or signage that indicates docking is not permitted at these areas. Lastly, the structures should include navigational warning devices (i.e. reflectors) in order to minimize potential hazards to navigation. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at iames.harrisoriOncderingov with any further questions or concerns. MCEI ED AUG 2 0 2021 &7P SECTION ftgPsD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.0.11=769I Morehead Chy,North Carolina 28557 252-726-7021 Received: 08/05/2021 ��. -• �• State Historic Preservation Office ER 12-0315 Due: 8/13/2021 July 19, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnarcDncdenr.gov SUBJECT: CAMA Major Permit Renewal Review Applicant: Jayne Enterprises, LLC Permit No: 88-13 Project Location: off Griggs Road, Vandemere, NC ROY COOPER Gm•ernor MICHAEL S. REGAN Sec"fary BRAXTON DAVIS Uirecmq Omisinn of(barta! Managenrern DCM has determined that no substantial development has occurred since the last permit action, therefore, this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b). However, subsection (c) allows the Division of Coastal Management to circulate the request to the state agencies to determine if any changes in circumstances or in development standards warrant a new application and CAMA major permit review. DCM is not aware of any proposed changes to the previously authorized project. Please indicate below your agency's position or viewpoint on the proposed renewal request and return this form to Gregg Bodnar at the address above by August 19, 2021. If you have any questions regarding the proposed project, contact Kent Vaughan (252)948-3853. When appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE DATE This agency has no objection to the renewal request as proposed. *Additional comments may be attached" This agency has determined that circumstances or development standards have changed and warrant a new CAMA major permit application review. See attached. Renee Gledhill- Earley Historic Preservation Office 09/10/2021 SEP 1 4 2021 11mP SECTION MHD State of North Carolina I Environmental Quality l Coastal Management 40D Commerce Ave. Morehead City, NC 28557 (252) 808-2808 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2012-00462 County: Pamlico U.S.G.S. Quad: NC-Vandemere NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Jayne Enterprises, LLC ETALS Ms. Virginia J. Eimer Address: 5208 Hwy 70 W. Suite C Morehead City, North Carolina 28557 Telephone Number: 252-671-1771 E-mail: vireinia.eitnerammail.com Size (acres) 62.2 Nearest Waterway Otter Creek USGS HUC 03020204 Nearest Town Vandemere River Basin Neuse Coordinates Latitude:35 RECEIVED J U L 2 2 2022 MP SECTION PAI-ID Location description: The area is comprised of 66 undeveloped parcels located adjacent to 971 Griggs Road and Vandemere Creek in Vandemere, NC. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subiect to Section 404 of the Clean Water Act (CWA)(33 USC & 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC & 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 4/27/2022. Therefore th�reliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2012-00462 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Washington, NC, at (252) 946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily B. Thompson at (910)251-4629 or Emily. B.Thom psonQ,usace.armv.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 06/03/2022. D. Remarks: The waters and wetlands are more accurately depicted on the Cove Subdivision Wetlands Man." dated Mav 16.2022 than the "Section E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: ® G"� US Army Corps of Engineers paEEI `Y mac-°' South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNIN(a,USACE.ARMY.MIL JUL 2 2 2022 hiyVA .iP.3ttr'Sa-noErH UND In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit �ayny,R�FFA� form to he Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: V t'tu'Mi �. ✓4L Date of JD: 06/03/2022 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm__apex/f?p=136:4:0 Copy furnished (via e-mail) Agent: Davey Resource Group, Inc. Mr. Paul Farley Address: 3805 Wriehtsville Avenue, Suite 15 Wilmington, North Carolina 28403 Telephone Number: 910-452-0001 E-mail: paul.farley(a)davey.com RUE-C EW E D JUL 2 2 2022 MP SECTION PAHD NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APP Applicant: Jayne Enterprises, LLC ETALS, Ms. Pile Number: SAW-2012-00462 Date: 06/03/2022 Virizinia J. Eita r Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://,Aww.usace.army.mil/Missions/Civilworks/Reeulatoi 'ProeramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rig ip.agq ed JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the - rppss o ngm Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. J U L 22 2022 RIP SECTION MHD E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT MM REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. PO .,Co NTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Emily B. Thompson ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNINaUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 %E'CEn'3a'u JUL 2 2 ?022 r �P SECT10N NP,11D PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 06/03/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jayne Enterprises, LLC ETALS, Ms. Virginia J. Eimer, 5208 Hwy 70 W, Suite C, Morehead City, North Carolina 28557 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, EitnerNandemere Cove Marina, SAW-2012-00462 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The area is comprised of 66 undeveloped parcels located adjacent to 971 Griggs Road and Vandemere Creek in Vandemere, NC. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Pamlico City: Vandemere Center coordinates of site (lat/long in degree decimal format): Latitude: 35.194431 Longitude:-76.656128 Universal Transverse Mercator: 18 Name of nearest waterbody: Otter Creek E. REVIEWPERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑Office (Desk) Determination. Date: ®Field Determination. Date(s): April 26, 2022 TABLE OFAQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of Geographic (decimal (decimal amount of aquatic authority to degrees) degrees) aquatic resource (i.e., which the resource in wetland vs. aquatic review area non -wetland resource "may (acreage and waters) be" subject linear feet, if (i.e., Section applicable) 404 or Section 101404 SAW-2012-00462 35.193018 -76.659899 244 feet Non -wetland Section 404 RPW 2022 waters SAW-2012-00462 35.192725 -76.661249 0.5 acres Wetland Section 404 Wetland 1 2022 SAW-2012-00462 35.194035 -76.656841 2.6 acres Wetland Section 404 Wetland 2 2022 SAW-2012-00462 35.194384 -76.654933 2.7 acres Wetland Section 404 Wetland 3 2022 SAW-2012-00462 35.195774 -76.652022 1.2 acres Wetland Section 404 Wetland 4 2022 SAW-2012-00462 35.195568 -76.650527 5.7 acres Wetland Sectiionnn 404 Wetland 5 2022 m�a The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her optioAUO rggDeW22 and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances w e u they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: J U L 2 2 2022 iJflP ,'3,ECTFON MFUD SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ❑Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Davey Resource Group, Inc. Map: Section 404/401 Delineation Approved Sketch ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ®Office concurs with data sheets/delineation report. El Office does not concur with data sheets/delineationreport. Rationale: ❑ Data sheets prepared by the ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑USGS 8 and 12 digit HUC maps: L- ENVED J U L 2 2 2022 ®U.S. Geological Survey map(s). Cite scale & quad name: USGS Topographic 7.5 Minute Vandemere ®Natural Resources Conservation Service Soil Survey. Citation: GIS Soils Data Pamlico County ❑National wetlands inventorymap(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FENWFIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date): NAPP 1998 Infrared Imagery Pamlico County: 2020 NC OneMap or ❑ Other (Name & Date): ®Previous determination(s). File no. and date of response letter: SAW-2012-00462: AJD August 31, 2012 ®Other information (please specify): Gent LiDAR: Antecedent Precipitation Tool IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. 3- Signatu&6 and date of Redulatory staff member completing PJD 06/03/2022 4L WLM Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)[ t Districts may establish timeframes for requester to retain signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. R Coa"E �E J U L 2 2 2022 PAP SECT;ON M.HD w��c,�co CO�PGr�So'l = 0 2"3--t- oc- O- DS+-G?G /(, o � 7L af- 3, r7+_aL 2� r`�j`r �zwi zexs dtr,,, sF11-4 �r r 2 I/�c,S ht'Cov^L rr tr t�, err✓ C f0-o03u�� do gjGL hJ �ya� Zcao; r 5 l Ji tr Z005- & O,q?� a�) Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, July 22, 2022 9:09 AM To: Dunn, Maria T. Subject: FW: SAW-2012-00462 JD (1).pdf Attachments: SAW-2012-00462 JD (1).pdf, ATT00001.txt; CAMA Major Renewal Vandemere Cove Pamlico County; RE: CAMA Major Renewal Vandemere Cove Pamlico County Morning Maria, Here is the JD for the Vandemere Cove (Jayne Enterprises) #88-13. You requested a new wetland delineation to determine if on site conditions have changed. I have also attached your comments and the original circulation of the renewal request since it has been awhile. Let me know if you would like to discuss. Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Vaughan, Kent D <kent.vaughan@ncdenr.gov> Sent: Friday, July 22, 2022 8:55 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: SAW-2012-00462 JD (1).pdf For Vandemere Cove from The East Group. 11 11 p e 1e 11 e 5 4 1 e 1 2 1 YEnMD LOE TMaI Y m'E' 'L1410 LXE Eqy Y m'r 16E11ND 1}F iwq Y m •r aa. LIE iMXI T la"w NENNp 1CF f11CY r m Y wETMY LWt 9W11 T ro •G WEnAxO 1}E. I. V PWM Una Table PacN Lw iaWe Pard IAIa Tabb PN<.I Una Tabla Parwl LMe Table Parcel Ursa Table LLu f lil9b "w"w" 11]. 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