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16-13 Pensco Trust Co.
Permit Class NEW Permit Number 16-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission J0erMit 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 Pensco Trust Co.. 891 SW 72od Ave.. Plantation. FL 33317 Authorizing development in Pamlico County at adi. to Ball Creek, end of Anna Lane in Bavview Estates in Merrit as requested in the permittee's application dated 10/22/12 including the attached workolan drawings (2). both dated 10/22/12 This permit, issued on 7anu= 28 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 )e subject to Imes, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other 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) The authorized structure shall not extend more than '/. of the width of the waterbody, as measured from the waterward edge of the marsh on both sides of the waterbody immediately in front of the project site. To ensure consistency with this requirement, the permittee shall stake, and a Division representative shall approve, the outer limits of the docking facility prior to the initiation of construction. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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. t7z u V tNU A Bra-Aofi C. Davis, Director r/Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Pensco Trust Co. V J Permit # 16-13 a Page 2 of 3 ADDITIONAL CONDITIONS NOTE: The permittee is cautioned that, based upon information provided in the permit application package, the Division believes that the " 1 A Creek Width" line shown on the attached workplan drawing 1 of 2 dated 10/22/12 is 4 to 5 feet further waterward than the actual '/< width line for this section of the waterbody. The permittee is advised to utilize all available precautions in the staking the outer limits of the docking facility to ensure that the authorized structure does not exceed the '/< width limit. 3) 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. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 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 will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee 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 a maximum of ten formalized boat slips. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Alteration of Coastal Wetlands 10) The width of the Coastal Wetland to be mowed or cut shall not exceed a width of 15 feet (5 feet under the access pier and 5 feet to either side of the access pier). Any and all references in the attached workplan drawing or permit application forms to a 25 foot width of alteration are hereby considered null and void. 11) This permit authorizes Coastal Wetlands to be mowed or cut to a height of no less than six inches, as measured from the Coastal Wetland substrate. Pensco Trust Co. Permit # 16-13 Page 3 of 3 ADDITIONAL CONDITIONS 12) Alteration of the marsh substrate is not allowed. 13) All cuttings/clippings shall remain in place as they fall. General 14) 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 shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural 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. 15) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 17) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: 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 commencement of any such activity for this determination. The permittee is further advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Tar Pamlico. Contact a representative of the Division of Water Quality at (252) 946-6481 for more information concerning allowable uses within the Neuse River Buffer. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3883 (DWQ Project No.12 1030), which was issued on 11/20/12. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. SAW-2012-01744. 1 Permit Class Permit Number NEW 16-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission CQp Pr, M t 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 Pensco Trust Co., 891 SW 72°d Ave., Plantation, FL 33317 Authorizing development in Pamlico County at adi. to Ball Creek, end of Anna Lane in Bayyiew Estates, in Memt , as requested in the permittee's application dated 10/22/12 including the attached workman drawings (2), both dated 10/22/12 This permit, issued on January 28 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 Imes, imprisonment or civil action; or may cause the permit to be null and void. Dockinz Facility 1) Unless specifically altered herein, this permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other 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) The authorized structure shall not extend more than ''/< of the width of the waterbody, as measured from the waterward edge of the marsh on both sides of the waterbody immediately in front of the project site. To ensure consistency with this requirement, the permittee shall stake, and a Division representative shall approve, the outer limits of the docking facility prior to the initiation of construction. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. 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. V l� h Br o Di C. Davis, rector (/Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Pensco Trust Co. Permit # 16-13 Page 2 of 3 ADDITIONAL CONDITIONS NOTE Gle permittee is cautioned that, based upon information provided in the permit application ckage, the Division believes that the "1/4 Creek Width" line shown on the attached workplan drawing 1 of 2 dated 10/22/12 is 4 to 5 feet further waterward than the actual '/4 width line for this section of the waterbody. The permittee is advised to utilize all available precautions in the staking the outer limits of the docking facility to ensure that the authorized structure does not exceed the 1/4 width limit. 3) 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. This corridor is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 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 will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee 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 a maximum of ten formalized boat slips. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is nc*Fauthorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. FEB 19 201 z Alteration of Coastal Wetlands 10) The width of the 'Coastal Netland to be mowed or cut shall not exceed a width of 15 feet (5 feet under the access pier and 5 feet to either side of the access pier). Any and all references in the attached workplan drawing or permit application forms to a 25 foot width of alteration are hereby considered null and void. 11) This permit authorizes Coastal Wetlands to be mowed or cut to a height of no less than six inches, as measured from the Coastal Wetland substrate. Pensco Trust Co. Permit # 16-13 Page 3 of 3 ADDITIONAL CONDITIONS 12) Alteration of the marsh substrate is not allowed. 13) All cuttings/clippings shall remain in place as they fall. General 14) 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 shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural 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. 15) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 17) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: 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 commencement of any such activity for this determination. The permittee is further advised that many development or land disturbing activities are not allowed within the Environmental Management Commission's Tar Pamlico. Contact a representative of the Division of Water Quality at (252) 946-6481 for more information concerning allowable uses within the Neuse River Buffer. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3883 (DWQ Project No.12 1030), which was issued on 11/20/12. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. SAW-2012-01744. RECZ; v z-D FEB 19 2613 4 n Division of Coastal Management Application Processing Notes Applicant: Type: (check all that apply) New Major Mod_ Minor Mod Permit Coordinator: Field Representative: Date Time Message 5� fog%S OK, D V H Renewal_ Transfer 4-• �. Lo 09L roV0S l/ J � l I D p p �J&VGu 1400isold 6h-Z t-5 o q Q>SuJcj Penso Trust Co. Bayview Estates Community Dock Project Narrative: Penso Trust Co. is proposing a docking facility to provide wet storage slips for property owners within the subdivision that do not own waterfront property. Specifics to the docking facility are as follows: • Pier —5'x7O' • T-Platform-5'x7O' • Four Finger Piers —4'x16' • 19 Mooring Pilings. The dock will be constructed of wooden pilings and bracing. Concrete "hog slats" will be used for decking. The finger piers will also be constructed of wood. Most construction will be conducted water ward of the shore. A barge equipped with an excavator with a vibrating head will drive pilings and set concrete slats. A small amount of piling installation will take place from land. Matts will be utilized in order to minimize any damage done to existing wetlands. We would also like to request a permanent maintenance area along the walkway that will lead to the pier. We propose an area of 25', 10' on either side of pier and 5' underneath of the decking. The maintenance area would be trimmed to an acceptable length throughout the year. This would allow for easier access to the docking facility and protect the pier from becoming over grown with the Giant Cordgrass that currently grows on site, which has capabilities of reaching well over 6' tall. A Dry Hydrant will also be installed per Pamlico County Building Department requirements. RECIUVED R~ OCT 2 2 2012 nCM-Mmary tJ I lem IR-1 APPLICATION for Major Development Permit (last revised 12I27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Penso Trust Co. Project Name (if applicable) Bayview Estates Applicant 1: First Name Carsten MI Last Name Evans Applicant 2: First Name MI Last Name If e0rhonal applicants, please attach an additional pages) with names listed. Mailing Address 891 SW 72n" Ave.. PO Box city Plantation State FL ZIP 33317 Country Phone No. 252 - 975 - 0777 ext. FAX No. Street Address (d different from above) Cily State ZIP Email carsten@nova.edu 2. Agent/CoMractor Information Business Name B. Prescott Marine Construction, Lk: Agent/ Contractor 1: First Name MI Last Name Brandi P Robertson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 874 Oriental NC ZIP Phone No. 1 Phone No. 2 28571 252 - 249 - 0149 ext. 252 - 617 - 9797 ext. FAX No. Contractor # 252 249 0384 67655 Street Address (d dflerent from above) City State ZIP 141 Tara Trail Grantsboro NC 28529 - Email brand!-133@yahoo.com <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pamlico I Anna Lane North of 1324 Subdivision Name City State Zip Bayview Estates Merritt NC 28556 - Phone No. Lot No.(s) (rimany, attach additional page with list) Na - ext. Na, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Bay River Ball Creek a Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to ft proposed project site - ®Natural ❑Manmade []Unknown Bay River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approximately 100' Approximately .4 acres, 18,700 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or Na, NAIL (normal water /every (ff many lot sizes, please attach additional page with a list) 5.5' ❑NHW or ®NWL e. Vegetation on tract Fescue grass, Giant Cordgrass, Pine Trees. f. Man-made features and uses now on tract Na g. Identify and describe the existing land uses adiacent to the proposed project site. Residential lots both currently vacant. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Na (Attach zoning compliance certificate, if applicable) []Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal Dyes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA H yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No []NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? SYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Residential lots have individual ground absorbtion septic systems. o. Describe existing drinking water supply source. Pamlico County Water System p. Describe existing storm water management or treatment systems. Ditch drainage. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment SPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide wet slip storage for homeowners of Bayview Estates area. 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. An excavator and barge will be used in the construction of the new dock. Pilings will be driven using the vibratory method a vibrating head attached to the arm of an excavator). Concrete decking will be placed and wooden finger piers will be constructed. Mooring piles will also be installed. Pilings driven on land will be done by an excavator and matts will be utilized to minimize impact on the existing wetlands. d. List all development activities you propose. Construction of an eight slip marina. +P- 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? n/a ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. n/a i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No [DNA j. Is there any mitigation proposed? ❑Yes SNo ❑NA If yes, attach a mitigation proposal. <Fonn continues on back> Form DOM MP-1(Psj e a of 4) APPUCA'iION for Major Development Permit 0.: AltlbDalvnnatton o-i.add9onr�iorarr. t�ti.g;mustads'erare,ar>srn�n Rarrre(a)-(f)aea►vaYs fo6i* �?olapmadappdo�n. Plaarecarsalthlif opddon :Aoorpbtan')inw6gprgpe<Mwapauethereg7elreaRems6eAocic..'.:' .. ., ': , . a. A Prvjed fmuatnre- b. An accurate, dried wak plat (Inducting plan view and rawanga) drawn br scale. Plaose give the pmsent sates of the proposed project Is any portion already complete? if previously suthorlred work, dearly Indicate bnn maps, Nab. dreWnp W distinguish between work completBd and proposed. c. A eve m Iocedon map that is sutfiaenlly detaffed to guide agengr personnel urdanstarwhh the area to the site. d- A copy of the deed (With state application only) or other 1nsbu n rt onderwhich the appt-rcant dakns tits to" affected properties. e- The appropriate application fee. Check or money order nine payable to DENR. f. A Est of the names anal complete adder of the adjacent vratediont (riparian) landowners and signed rearm receipts as proofttmt such scants have received a copy of the mxlcatton and plats by cerffw mail. Such landowners moat be adviI lhet they have 30 days in Which to subrrnk comments on the proposed project to the Division of Coastal Management. t Pia111O PFatlaSs , Phone No. e10401-1007 AllAreaa 4742 f'gje q:, E&O CiQr, 962104 Name Sandra Nailing Phone No. 252745-7169 Address 133 Anna Lm, Mwntlt, NC 20M Ad dft Npnre . tom' No. g. A list of previous state or federal pannb issued forvmrk on the projed treat Include parmR numbers, peadttea, and issuing dates. h- tilpeed consultant or agora authorization form, if applicable. I. Welland demleation, If nr>caaWary. F signed AEC hazard nests for proteda in cdrt andbnbterase. (Muafbesignedbypvgo& ownedwammI of compuanca with the N.C. ERI 11 '111 Pllcy Alt (111 11: S. 113A -fo), d necessary. Btheprojectinvohros e>�andfture public nmtls or use of public lends, attach a statement documenting Camptianar whh the NI Carolina Ennmoernnental Policy AOL ..:,.wy...awv■a ww.rBrrnySS�py/.Lp Lla(pl" - ,, .. 1 understand slat any permit issued in response to this application will allow Orly the development described in the application. ct iha projewill be subject to tho conditions and miriollone contained in the permit I Cattily that I am euMOf¢ed to grant. and do in fact grunt permission to representatives of state and federal review agencies to enter on the afolermnu red lands in connection with evaluating intomtWOn related to this permt APPkNatidn and tollowwp monitoring of the project. I further CerG that ate lmomtation provided In this application is trtNdul to three bast of my Imowtedge. Date 2 PrintNeme �. RD CVi$0 Signature Please Indicift application adachmards pertaining to your proposed project, ODOM NI Excavation and Fill Infomtation E3DCM MI )ridges and Culuafts ©DCM MP-3 Upland Developmerd WDCM MP-4 Struclures Information Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel urrfamiliar with the area to the site. d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phillip Fiackos Phone No. 410-461-1007 Address 4702 Ribble Ct., Ellicott City, MD 21043 Name Sandra Netting Phone No. 252-745-7169 Address 133 Anna Ln., Merritt, NC 28556 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates. Na h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that 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 hest of my knowledge. Date Print Name Bra rid i P bbrr Soy� Signature EJ M llkole� Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts O C T ® 3 2012 ❑DCM MP-3 Upland Development SDCM MP-4 Structures Information CCWTrtHD CITY -. ': � ' :; ' ,� _ _ `. ., ' . ;� ,... ,;. �. _ ,� .:, ^, .. �.__" :, - ,i� �; �� RECEIM Form DCM MP-4 STRUCTURES OCT 22 2012 (Construction within Public Trust Areas) DCM-MADCffX Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ENO c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ENO (ii) Number 1 If yes: (III) Length 70' (ii) Number 4 (iv) Width 5' (iii) Length 16' (v) Floating [--]Yes ®No (iv) Width 4' (v) Floating ❑Yes ®No e. (1) Are Platforms included? ®Yes ONO f. (i) Are Boatlifts included? [_-]Yes ®No If yes: If yes: (it) Number 1 (ii) Number _ (iii) Length 70' (iii) Length _ (iv) Width 5' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas am calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies E Dockage ('Wet slips") only, number of slips: 10 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 20' m. (i) Will the facility have tie pilings? ®Yes ❑No III) If yes number of tie pilings? 19 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Recreational mixed types. I. (i) Will the facility be open to the general public? []Yes ENO �Yv.. _ � i c_�^ _ _ - _ � :. �� - � ., _ v. .+.. .. .,. _ � �a c .. �.. _ _. :e .. .i � .. _ =� ,. _ - n _ . �[ � e. � 'J _ .i1 ( � �. J � �� � .. � _ _ �. �� .. .. ) � j � ' � 't '� � ' � • � _ n J .. � � (' � '. ' � .l. .� ' �i a 1 1 f f I Fgrrl DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: REMW ED ❑ Showers ❑ Boathokfing tank pumpout; Give type and location: O C T 2 2 2012 b. Describe treatment type and disposal location for all sanitary wastewater. DCM MHD CMY Pamlico County Water System c. Describe the disposal of solid waste, fish offal and trash. All trash will be removed from the site and disposed of elsewhere. Trash pick up is availabel to the homes in the subdivision. d. How will overboard discharge of sewage from boats be controlled? Tank lock down rule will apply. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 0 (ii) Give the location and number of "Pumpout Available" signs proposed. 0 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? Vessel maintenance will not be allowed at site. h. Give the number of channel markers and 'No Wake signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Over night and live-aboards will not be allowed. k. Describe design measures that promote boat basin flushing? The creek bottom descends naturally towards the channel. I. If this project is an expansion of an existing marina, what types of services are currently provided? n/a m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes []No Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldoc king facility proposed within or adjacent to any shellfish harvesting area? []Yes NNo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. NCW Approximately 2500 soft ❑SAV ❑SB OWL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes NNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Publirr/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. OCT 2 2 2012 DCM MAD C1YY 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (d) 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 NThis section not applicable a. Is the structure(s): ❑Commercial ❑PublicJGovemment ❑Pdvate/Cornmunity C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Form- DGM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 29' to the North and 15' to the South. Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body 346 e. (i) Will navigational aids be required as a result of the project? ❑Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. b. Prmdmily of sbucture(s) to adjacent docking facilities. 102' from the dock to the South and approximately 350' from the dock to the North. d. Water depth at waterward end of structure at NLW or NWL 4' & OTHER ❑This section riot applicable a. Give complete description: Penso Trust Co. proposes a docking facility to provide wet slip storage to property owners that do not own waterfront property. The proposal includes the construction of a Fx70' with a 5'x70' T-Platform. Four 4'xl6 finger piers will also be constructed. A Dry Hydrant will also be installaed in accordance with the Pamlico County (and Use Plan. October 22, 2012 Date Bayview Estates Community Dock Project Name Brandi Prescott Robertson Applicant Name Applicant Signature OCT 222012 DM MHDCtTY N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date C1/1f 19- i2 Name of Property Owner Applying for Permit: v L=vans Mailing Address: 91 :7 72 1y Ayt. P(nr[U_4i�L 35-51-1 is f I certify that I have authorized (agent) P PYe SA M ay (PC 44-Yl S f . to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) a 10 `' (I f) M Gi V i V IGL =r at (my property located at) n 11(i [:{jn e, fig c VyA, N This certification is Property Owner Signature (date) 17P�-.—t)1201 1l�_-- Date Penso Trust Co. Bayview Estates Commur Scale V=62' October 22, 2012 Page 1 of 2 Drawings by Brandi P. Robertsc Ball Creek RECEIVED OCT 232012 DM-mmcrm Shoreline creel Coastal Wetlands -1, Penso Trust Co. Bayview Estates Community Dock Scale 1"= 15' September 11, 2012 Page 2 of 2 Drawings by Brands P. Robertson SWO T-Platform 4'xl6' Finger 5'x70' Concrete Decking-1�, Pier r 1 Slip Slip nge{ slip Slip -2- s° Tie Piling -3' -3' 6" RECEIVE-D OCT 032012 CITY -4' Tie Piling Pat McCrory Governor Pensco Trust Company 891 SW 72°d Avenue Plantation, FL 33317 Dear Sir or Madam: 486WAR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director January 28, 2013 Natural Resources John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. 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, 4t , r ' Douglas V. Huggett Major Permits and Consistency Manager 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity lAf itmative Action Employer 8 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT !. APPLICANT'S N_ME: Pensco Trost Compan; 2. LOCATION OF PROJECT SITE: V,Q project is loc i:-d adjacent to Ball Creek at the end of An -,a Lam in the Bay-riew Estates Subdivision, off of Florence Road, near Merritt, Pa,nlick, (',panty. Photo Index — 2006: 82-8269, grids 0-2; 2000: 82-971, grids I-4. State Plane Coordinates - X: 824729.769 Y: 157759.330 Longitude: -076 38 18.97 Latitude: 35 08 56.71 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 3/6/11 REMwED Was Applicant Present —No Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 10/22/12 Nov 0 $ �012 Office - MHC 6. SITE DESCRIPTION: DCMMHDCrry (A) Local Land Use Plan — 2005 Pamlico County (01/28/05) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — None Planned -None (F) Type of Development: Existing — none Planned - 10-slip community docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water 906 ft shaded 5,600 ft� incorp ,(B)Coastal Wetlands 50 ftshade 875 ft2 altered �J (E) Total Area Disturbed: 6,525 ftZ (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW, NSW Open: No (H) Cultural Resources: unknown Project Summary: The applicant wishes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates subdivision, Pamlico County. Field Investigation Report: Pensco Trust Company Page 2 9. Narrative Description: The property is located near Merritt in the Bayview Estates subdivision, off of Florence Road in Pamlico County: The property is at the end of Anna Lane on the `Boat Access" lot. This site is undeveloped. The lot is 0.4 acres. The adjacent tract to the north is a developed residential lot within the subdivision, and the adjacent lot to the south undeveloped. The elevation of the high ground of the parcel is about +5.5' above the normal water level (nwl). Vegetation on the lot mainly consists of Coastal Wetlands (Spartina cynosuroides), pine trees, and lawn grasses. The Coastal Wetlands on this property are subject to irregular flooding. This lot has approximately 100' of continuous shoreline along Ball Creek. Immediate offshore water depths adjacent to the lot range from —1' to —5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 345 feet across at this location. These waters are classified as a Primary NurseryArea and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. This project area is subject to the Neuse River Riparian Buffer Rules. 10. Proposed Development: The applicant wishes to construct a new 10-slip community docking facility adjacent to Ball Creek near Merritt. The proposed development will take place at the end of Anna Lane, off of Florence Road. The applicant also wishes to mow the Coastal Wetlands AEC down to a height of six inches, and maintaining a 25' wide and 35' long path from the high ground down to the shoreline at the site of the proposed docking facility. The main access pier will traverse the high marsh Coastal Wetlands AEC heading in an easterly direction. It is proposed to be 5' wide and 70' long. At the waterward terminus of the main access pier, there will be a perpendicular "T" platform. This proposed fixed platform will be 5' wide and 70' long. The docking facility will utilize four finger piers and 19 independent tie pilings to support ten boat slips. The proposed finger piers will be 4' wide and 16' long. Each slip will be 15' wide and 20' long. This docking facility will extend approximately 70' offshore from the waterward edge of the marsh. The proposed boat slips will be in water depths ranging from -2.5' to -5' awl. A dry hydrant will be installed on the docking facility. No formal upland parking area is proposed at this time. 10. Anticipated Impacts: The docking facility will not pose a hazard to navigation because it will be less than'/4 of the width of the waterbody. The tie pilings will be greater than 15' from both of the adjacent riparian property lines. This proposed community docking facility will usurp 5,600 ftZ of Public Trust Waters. The access pier will shade approximately 50 ftZ of Coastal Wetlands. The proposed Coastal Wetlands mowing will impact 875 ftZ of salt reed grass (Spartina cynosuroides). Traditional marine construction methodology will be utilized during the construction of this Brad Connell October 23, 2012 Morehead City Field Investigation Report: Pensco Trust Company Page 3 private/community docking facility. Temporary, short-lived turbidity impacts are anticipated during the setting of the docking facility's pilings. The mowing of the Coastal Wetlands AFC wil be maintained for the life of the project. There will be no alteration of the .marsh substrate as a condition of the permit, per CRC rules. This project area is subject to the Neuse River Riparian Buffer Rules. Water depths within the proposed boat slips are deep enough to prevent scouring of the shallow bottom habitat. These waters of Ball Creek are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. RECEIVED NOV 0 S 2012 Brad Connell October 23, 2012 Morehead City Pensc Trust Co. Bayvie%v Estates Community Dock Project Narrative: Penso Trust Co. is proposing a docking facility to provide beet storage slips for property owners within the subdivision that do not own waterfront property. Specifics to the docking facility are as follows: 0 Pier —5'x70' 0 T-Platform — 5'x70' 0 Four Finger Piers —4'x16' 0 19 Mooring Pilings. The dock will be constructed of wooden pilings and bracing. Concrete "hog slats" will be used for decking. The finger piers will also be constructed of wood. Most construction will be conducted water ward of the shore. A barge equipped with an excavator with a vibrating head will drive pilings and set concrete slats. A small amount of piling installation will take place from land. Matts will be utilized in order to minimize any damage done to existing wetlands. We would also like to request a permanent maintenance area along the walkway that will lead to the pier. We propose an area of 25', 10' on either side of pier and 5' underneath of the decking. The maintenance area would be trimmed to an acceptable length throughout the year. This would allow for easier access to the docking facility and protect the pier from becoming over grown with the Giant Cordgrass that currently grows on site, which has capabilities of reaching well over 6'tall. A Dry Hydrant will also be installed per Pamlico County Building Department requirements. it. ?. Off) 2 2 2012 -11L1Pj lYl�dL 4EdY UNI Mi-1 APPLICATION for Meier Development Permit (lasx revised IZ27;W�) Noith Carolina DIVISION t COASTAL . MANAGEMENT a RECMM 1. Primary Applicant/ Landowner Information Business Name Penso Trust Co. Project Name (if applicable) Bayview Estates Applicant 1: First Name Carsten MI Last Name Evans DCMMHDCITY Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional page(s) with names listed. Mailing Address 891 SW 72n' Ave.. PO Box city Plantation State FL ZIP 33317 Country Phone No. 252 - 975 - 0777 ext. FAX No. Street Address lif ddferert from above) City State ZIP Email carsten@nova.edu 2. Agent/Contractor Information Business Name B. Prescott Marine Construction, Llc Agent/ Contractor 1: First Name MI Last Name Brandi P Robertson Agentf Contractor 2: First Name MI Last Name Mailing Address PO Box City Slate 874 Oriental NG ZIP Phone No. 1 Phone No. 2 28571 252-249-0149 ext. 252-617-9797 ext. FAX No. Contractor @ 252 249 0384 67655 Street Address (Addferent bom above) City State ZIP 141Tara Trail Grantsboro NC 28529- Email brandi_133@yahoo.com <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPUCA710N for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pamlico Anna Lane North of 1324 Subdivision Name city State Zip Bayview Estates. Merritt NC 28556 - Phone No. Lot No-(s) (if many, attach additional page with list) We - ext. n/a, , , I - a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Bay River Ball Creek c. Is the water body identified in (b) above, natural or manmade? it. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Bay River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) _ Approximately 100' Approximately .4 acres, 18,700 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a NWL (normal waterlevel)- (If many lot sizes, please attach additional page with alist) 5.5' ❑NHWor®NWL e. Vegetation on trail Fescue grass, Giant Cordgrass, Pine Trees. f. 'Man-made features and uses now on tract We , g. Identify and describe the existing land uses adiacent to the proposed project site. Residential lots both currently vacant. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? n/a (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Histodc District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> V , Fcrm.DCM MP -'I (Page 3 of 41 APPLICATION fc Maj,x Developmert Permit m. (i) Are there wetlands on the site? ® -'s ❑W i) Are there coastal •wetlands on the site? �' as ❑Pfc_ 'Jj) If yes to either (i) or (ii) above, has a delineation been conductec' �'-�s ❑"rc i (Attach documentation, if available) rr. Desuibe existing wastewater treatment facilities. PXCEMI) Residential lots have individual ground absorbtion septic systems. FmV 0 8 2012 o. Describe existing drinking water supply source. Pamlico County Water System ncnf-x�fDctTP p. Describe existing stone water management or treatment systems. Ditch drainage. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Pubiic(Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide wet slip storage for homeowners of Bayview Estates area. 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. An excavator and barge will be used in the construction of the new dock. Pilings will be driven using the vibratory method a vibrating head attached to the arm of an excavator). Concrete decking will be placed and wooden finger piers will be constructed. Mooring piles will also be installed. Pilings driven on land will be done by an excavator and matte will be utilized to minimize impact on the existing wetlands. d. List all development activities you propose. Construction of an eight slip marina. +en 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? n/a ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public acoessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. n/a I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> Form DC1,1 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 fir the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properlyprepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project Is,any portion already complete? if previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phillip Fiackos Phone No. 410-461-1007 Address 4702 Ribble Ct., Ellicott City, MD 21043 Name Sandra Netting _ Phone No. 252-745-7169 Address 133 Anna Ln., Merritt, NC 28556 Name - Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. n/a h. Signed consultant or agent authorization form, 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. I understand that any permit issued in response to this application will allow only the development The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name Bra not i -P ko6ca�)h SignaturerrZl70�i Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts . r ; 2� 1 ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED Form DCM MPA STRUCTURES NOV OS 2012 (Danst3 uctlan within Public Trust Aura--'' DCM-MHDMY dtmch Phis form to Join: A,,.. 4caticn to C AMA Marc -'armit, Fr—, DCAM `.'.P-1. Ea sure t complete ail Per se-,,,,s z of the Joir-'- Ai:(aiic al,!on #hat relate to ti ifopore project. Pie ins»udu �d suppf-.;aunt informaFi i, 1. DOCKING FACILITY/MARii`v'A CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Public(Govemment ®Private/Community ❑This section not applicable b- (i) WI: the facilibj be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or piers) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes: (iii) Length 70' (h) Number 4 (iv) Width 5' (iii) Length 16, (v) Floating []Yes ®No (iv) Width 4' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boati is included? []Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 70' (iii) Length (iv) Width 5' (iv) Width (v) Floating []Yes ®No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 10 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: .:. Typical boat length: 20' m. (i) Will the facility have tie pilings? ®Yes ❑No In) If yes number of tie pilings? 19 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Recreational mixed types. 1. (1) Will the facility be open to the general public? ❑Yes ®No Z DOCKING PACILITYIMARINA OPERATIONS ❑This section not applicable s. Check each of the fallowing sanitary facilities that will be included in the proposed project. 0 Office Toilets Toilets for patrons; Number. Location: ❑ Showers ❑ Soatholding tank pumpout; Give type and location:.- c b. Describe treatment type and disposal location for all sanitary wastewater. Pamlico County Water System c. Describe the disposal of solid waste, fish offal and trash. All trash will be removed from the site and disposed of elsewhere. Trash pick up is availabel to the homes in the subdivision. d. How will overboard discharge of sewage from boats be controlled? Tank lock down rule will apply. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 0 (ii) Give the location and number of "Pumpout Available" signs proposed. - 0 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? Vessel maintenance will not be allowed at site. h. Give the number of channel markers and "No Wake" signs proposed. 0 I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Over night and liveaboards will not be allowed. k. Describe design measures that promote boat basin flushing? The creek bottom descends naturally towards the channel. I. If this project is an expansion of an existing marina, what types of services are currently provided? n/a m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes ❑No n. is the marinaldocking facility proposed within or adjacent to any shellfish haniesting arse? []Yes ®No o. Is the marinaidocking facility proposed within or adjacent to coastal wstiar.cslmara, P/), sUfnarged scuatic degetaticr SAV), shell aodom (SB), or other wetlands (WL)? if any boxes are checked, provide l,'a n-tuber o; s=;:;.are feet affa^ted. RECEWM OCW Approximately 2500 soft ❑SAV ❑SB ❑WL — []None NOV 0 S 2012 is the proposed marina/docking facility located within or within close p+�:- <Irnitq to any she!ifish leas•. a:' ❑'les ®No If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. DC!of-N9HD CITY 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): RECEWE,_; ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 0 C 1 22. 201' 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number III) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community Distance to be placed beyond shoreline __ __ Note: This should be measured from marsh edge, if present. e. Are of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structure(s) to adjacent riparian property lines 29' to the North and 16 to the South. /Vote: For buoy or mooring,oiling, use arc oiswing including iength ofvessel c. Vildth of water body 345' a. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (H) If yes, explain what type and how they will be implemented. b. Proximity of structurs(s) to adjacent docking facilities. 102' from the dock to the South and approximately 350' from tie dock to the North. d. Water depth at watervard end of structure at NUN or ML 4' 8. OTHER .. [I This section not applicable a. Give complete description: Penso Trust Co. proposes a docking facility to provide wet slip storage to property owners that do not own waterfront property. The proposal includes the construction of a 6x70' with a 5'x70' T-Platforrh. Four WxW finger piers will also be constructed. A Dry Hydrant will also be installaed in accordance with the Pamlico County Land Use Plan. October 22, 2012 Date Bayview Estates Community Dock Project Name ` Brandi Prescott Robertson AAppppplli7ip rm NNa�meA�,R. Applicant Signature N.O. DIVISION OF COAS t'AL MAINAGEME °+l AGENT AUTHORI-,��A`iON FORM Date Name of Property Owner Applying for Permit: Mailing Address: qkq I e-, 7 2 �%y� . t7(nt� 0iI �v�u� FL 35D I I MCEIVED NOV 0 S 2012 Ifill ba 1 Z I certify that I have authorized (agent) C�►" g SC at M dY t n C Oil I S +. to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) a 10 ` iIf2 Wj/(V,VIai, at (my property located at) Anna L { k e,Y1 This certification is (date) �i rc.�51 2_0t3 I/fr (1l2- - Property Owner Signature Date Penso Trus[ Co. Bayvicv: Es[aLes Ccmmur kale i"=62' Oc-mber 22, 20,1z Paa,: I of 2 Grawinos by B;and: P. Rotrerrsc Sall Creek BCD 'Cl'2012 DCAf-,WffDCFjY Penso Trust Co. Bayview Estates Community Dock Scale V= 15' September 11, 2012 Page 2 of 2 Drawings by Brands P. Robertson SWU T-Platform WxIV II Finger 51x70' Concrete Decking-- Pier Slip Slip 'Finger Slip Slip Shoreline =� Pier 4� s, ,Y�,-,-_.-_. ,_„-„_. NWL Creek Bottom - Coastal Wetlands— ----- -1 Tie Piling Ti Pilie ng -T -3' B" -4- z d C G C to OD � o � N North Carolina Pat McCrory Governor 1 -�� NCDENR Department of Environment and Natural Resources Division of Coastal Management Mr. Dave Netting Bayview Estates Homeowners Association 133 Anna Lane Merritt, NC 28556 Dear Mr. Netting: Braxton C. Davis Director January 28, 2013 John E. Skvarla, III Secretary Thank you for your letters concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Pensco Trust Company, in Pamlico County. In the application, Pensco Trust Company is requesting to construct a 10-slip docking facility. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 16-13 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely, ti Daniel Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX; 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity tAfirtnative Acton Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Mr. William Kirsch Bayview Estates Homeowner's Association 188 Quail Road Merritt, NC 28556 Dear Mr. Kirsch: Braxton C. Davis Director January 28, 2013 John E. Skvarla, III Secretary Thank you for your letter concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Pensco Trust Company, in Pamlico County. In the application, Pensco Trust Company is requesting to construct a 10-slip docking facility. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 16-13 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely, I n: "6-', Daniel Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity IANirmallve Action Employer Pat McCrory Governor Ms. Sandy Netting 133 Anna Lane Merritt, NC 28556 Dear Ms. Netting: NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary January 28, 2013 Thank you for your letters concerning the Coastal Area Management Act (LAMA) Major Development Permit application submitted by Pensco Trust Company, in Pamlico County. In the application, Pensco Trust Company is requesting to construct a 10-slip docking facility. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 16-13 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely, Daniel Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity\ Affirmative Acton Employer BOBBY CAHOON CONSTRUCTION, INC. V� 6003 Neuse Road Grantsboro, NC 28529 Phone 252-249-1617 Fax 252-249-9884 bobbycahoonconstruction(a),vahoo.com 5 November 2012 Division of Coastal Management Attn: Braxton C. Davis, Director 400 Commerce Ave. Morehead City, NC 28557 RE: Pensco Trust Company Dear Sir: This letter is to request written notification of the permit decision regarding the above Company. We are a Marine Contracting company located in Pamlico County. This permit may give us the opportunity to serve our County. • It, Teresa Cahoon Owner/President sj RECENED NOV 0 6 2012 DCM MM Crrp BAYVIE W ESTATES HOMEOWNERS ASSOCIATION Mr. Brad Connell NC Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Subject: CAMA Permit Request By Carsten Evans For a Community Dock in Bayview Estates Mr. Connell: L� January 23, 2013 Enclosed herewith is a copy of our letter to Mr. Carsten Evans dated December 13, 2012. This letter addresses our concerns with his plan to build a "community dock' in the Bayview Estates community. The letter covers many items but its principal concern is the fact that he wants to build a 10 dock facility while it seems apparent that there are only 3 probable dock purchasers. Through comments and lack of direct response, it is obvious that he intends to seek buyers outside of our community which, in our opinion, would constitute a commercial enterprise. As of today we have not received a response to our letter. There are a number of inconstancies in his permit request compared to statements he has made in the past. These are identified in the attached letter. My understanding is that a different CAMA form would have to be submitted if he were to build a facility that would have units sold outside the community. I also understand that the county requirements would be considerably more extensive and intrusive on our small community (Pamlico County Joint CAMA Land Use Plan). We submit that these issues should be fully clarified before a CAMA permit is approved. Thank you for your consideration, �c William A`Kirsch Secretary/Treasurer Bayview Estates Homeowner's Association. 188 Quail Rd Merritt, NC 28556 Kirsch986@gmail.com Page 1 of 1 BAYVIE W ESTATES HOMEOWNERS ASSOCIA TION REC 1vED FIN December 13, 2012 Carsten Evans 891 SW 72nd Ave Plantation, FL 33317 Carsten: As stated in the October 151 letter to you from the Board of Directors of the Home Owner's Association, "....We are not objecting to your plans and think it will be good for the community....". However there were some specific areas of concern about the project that needed clarification and were delineated in that document. The area of most concern is that these slips be made available to and used ONLY by lot owner's in Bayview Estates. This concern has been discussed over the last two years and, as you know, I have stated over and over how this must only be for community landowners. In your 10/19/12 response to the Oct 1s' letter you answer most questions but state, in point #10, ".... Whether property owners or not ..." leaving it obvious that you are intending to go outside the community. By my count, there are 8 lots on the west side of Quail Road. Two of those lots will not perk and are combined for building purposes. The two other lots on the east side of the road (lots 11 & 12) also do not perk. That would leave only 6 potential building lots that could be interested in a slip. One is Mija Song's lot #17 who, I would presume, wouldn't be interested since she has creek -side lot #5. This leaves 5 potential lots that could purchase a slip. Even then I wonder since there are only 3 owners of the 5 lots remaining: Robert Perallon, Richard Perallon and yourself. You even state in your 6/17/2011 email that "..Rob and Richard Perallon want at least one slip each". If that holds true your now down to 3 slips possible. That leaves a lot of slips that you could be planning to sell outside. To me that spells "COMMERCIAL". I remind you too that the access road, Anna Lane, is a orivate road maintained for and by our small community. As also stated in our 10/1/12 letter: It is stated in the permit application and in the project narrative that this facility is to provide water access for property owners within Bayview, Estates Subdivision that do not own waterfront property. We believe this should be the only purpose for the slips and wish that you will confirm that is your intention. Only property owners can own the slips with no commercial use. Slips cannot be rented, leased or subleased. As you know, Anna Lane is a private road owned by Bayview, Estates Home Owners Association and maintained by all the land owners in the subdivision. Your project narrative states that the "Bayview Estates Subdivision is proposing a docking facility ... for owners within the subdivision ....". The DCM MP-4 form inlg and 1h states 8 slips. In 11 you state not open to the general public. In form DCM MP-1 paragraph 5b you state "Provide wet slip storage for homeowners of Bayview Estates area"'. The CAMA document is in contradiction to your implications. Also Bayview Estates Subdivision is NOT proposing the docking facility— you are. The minutes to our meeting of 12/8/2012 sent via email on 12/12/12 again reiterate our position. The Directors are looking at alternatives. We have expended funds and will need to utilize considerably more should we need to protect our legal interests. Page 1 of 4 I request a definitive answer that you will not be seeking investment in this facility outside of the lot owners. I have replicated several pertinent a -mails below which we have had in the past. Very truly yours, William A. Kirsch 188 Quail Rd Merritt, NC 28556 Kirsch986@gmail.com Previous emails: Set #1: From: Bill Kirsch [mailto:kirsch986@gmail.com] Sent: Friday, June 17, 2011 11:44 AM To: carsten@nova.edu Cc: White Bill & Mary Subject: Re: Bayview Estates Homeowner's Annual Meeting Thank your Carsten .. I was pretty much in the dark about your efforts and that certainly generates some questions The slips that were originally conceived actually precedes Steve Atkins. They were in the original concept for this area from day 1 or at least before I bought my property in 1996. The purpose was to give the landlocked properties water access for their boats and make those properties more valuable. Note that they were not, in my opinion, ever planned for outside community usage. Rather only by lot owners. I assume that that is your concept also. I'm also under the impression that Atkins is still the owner of the property. Am I wrong? Has the ownership changed? How could you undergo that expense if Atkins is still the owner? Thanks for the info Bill Kirsch986@gmail.com From: Sent: Friday, June 17, 2011 1:12 PM To: Subject: RE: Bayview Estates Homeowner's Annual Meeting Hi Bill, you are right on, nothing has changed. I have Arthur's original plans for the dock in 1996 and it was for 10 slips. My stage two is to access those "land locked" folks to see what their needs are. I didn't know that the dock was such a super sensitive issue when I shared my updates with Dave a few weeks ago. The next thing I knew he was telling me that I said I was Page 2 of 4 Set #2: building a commercial dock and that 'we'?? didn't contribute to the $100 up keep of the private road. I told him — like I told you, I was getting this "promise done" and emphasized that I was putting a lot of effort into it in order to make it happen. Regarding Steve Atkins owning the land, that still sort of is true on paper. We have come to a unique agreement (Steve is difficult sometimes and I try my best to work with his needs for the best interest of everybody) where the focus is to finish the project as partners where I direct the building of the dock. The quality of the dock will be first Gass and I would rather have only owners in there, makes best sense. However, if I get no takers, I'm going to have a major problem. Rob and Richard want at least one slip each. At more than one time in the past, Dave told me that he was interested in at least one lot. So I'm looking forward to Stage II later on this summer to see what shakes out. Evert after committing people have been known to change their minds. I hope they have the common sense to realize the value the dock (for $15,000/slip — reasonable right?) area brings to their land investment. My thoughts, Carsten From: Bill Kirsch [mailto:kirsch986@gmail.com] Sent: Monday, July 11, 2011 11:49 AM To: carsten@nova.edu Subject: Bayview Estates Proposed docks Carsten ... Could you just confirm that you would not have any intention of selling any of the proposed docks outside of our 20 lot community. I think that is your intent but need to be sure we are on the same page. Bill Kirsch986Lmgmail.com From: Sent: Monday, July 11, 2011 2:18 PM To: Subject: RE: Bayview Estates Proposed docks Hey Bill. To confirm, I am thinking about rolling back the 10 slips to 8 or even fewer if no interest is there. The 10 slip idea had to be Arthurs originally and Steve just took off from that. I accepted 10 being the magical number somehow and it made sense at the time. I appreciated Steve's financial thinking on the 10 slip proposal, as he included the first ten people who had the money — giving us all the chance to get aboard. We all just wanted a slip and didn't care about how many he had. His problem was that he never acted upon the opportunity. He once offered me the land for $150,000. Now the new news is that Steve has offered me a chance to take over ownership of the land 100%for a lot less. I am waiting on a consultant to verify the ability to build a quality marina at a reasonable/usable size. The CAMA folks are involved with this step as well. So, if all of this goes well, I will solicit Bayview II (I?) as to just how many people are interested in acquiring a slip or two. 1 have e-mailed Ms. Song (no reply yet) and have yet to ask Dave. I have five slips for sure (promised) at this point (yet promises are not real). The marina/dock might end up being larger and nicer than the ten plan. So to answer your question, it is my personal intent to get what was promised me in the original agreement. It is not my intent to sell slips to the open market for profit. If it was, I would have gone with the ten slips that were in the original planning. However, on the other hand, it is not my desire to lose money ................. Page 3 of 4 Set #3: From: Sent: Tuesday, July 12, 2011 9:34 AM To: Subject: RE: Bayview Estates Proposed docks Thanks Bill. You provided me with some good history and advice. Thank you. Without being around people on a consistent basis, one can't read their body and blood chemistry, that works both ways. So in the end all we really have is our word (of honor). If I get a good report on building the dock and I can get Steve to sell outright, I wits do my best to keep 100% of the slips in the Bayview HOA. I'm thinking six right now, seven maybe (definitely no 10 slip). If I get in a situation where I have an odd slip left over, I will talk with you on how I will go about addressing it. 1 feel that Dave might be key in this outcome. Having an extra slip isn't the end of the world. It ended up yesterday that I got my schedule cleared for the 26th . However, I think I would like to come up with Richard/Rob Perallon and we can invite you and your wife to lunch. All the best, Carsten From: Sent: Tuesday, July 12, 2011 10:40 AM To: Subject: Re: Bayview Estates Proposed docks OK.. but remember you can't go outside the community if your thinking that as a backup. First off everyone will go bonkers and, from a tax basis, the homeowner's assn could have tax basis changed or have to include the income as taxable. I don't know how all that works, who would own the property etc etc. Plus remember that Anna Lane is a private road. Bill Kirsch9B6@gmail.com Page 4 of 4 BA YVIEW ESTA TES HOMEOWNERS ASSOCIATION Al f. 0Q0, 2012 Carsten Evans 891 SW 72nd Ave NOV 01 2012 Plantation, FL 33317 DCM-MAD CffY Carsten: Thank you for your letter of October 19th in response to our letter of October 1, 2012, listing our concerns about your proposed docking facility. While you did address many of our concerns, we still have problems we need to address. At this time we request that you do not move forward with your project until we can reach full agreement. As you can understand, you are proposing a Dockominium Subdivision within Bayview Estates Subdivision. We would want to see the protective covenants for your subdivision and make sure they are compatible with the Bayview Estates protective covenants. A development of this magnitude can have a beneficial effect on the community but also a detrimental effect on some property owners. Therefore we must proceed with all parties involved. We would like to call a general meeting of the Bayview Estates Home Owner's Association as soon as possible and a time that would meet your schedule so you could address the Association directly with you proposal. Please let us know when that could be so that we can send out an announcement. Bayview Estates Home Owners Association President & Board of Directors: Dave Netting, President, 133 Anna Lane, Merritt, NC 28556 Mary White, Director, 200 Quail Rd, Merritt, NC 28556 Pat Kirsch, Director, 188 Quail Rd, Merritt, NC 28556 Bill Giles, Director, 12 Rachel Way, Bedford, NH 03110 cc: Mr. Brad Connell NC Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Sandy Netting 133 Anna Lane Merritt, NC 28556 Mr. Brad Connell Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Reference: Major Development Permit Bayview Estates Community Dock Penso Trust Co. October 31, 2012 &ECENED NOV 01 20V DCSf-MIiD CITY I own Lot 10 in Bayview Estates Subdivision, which is adjacent to the permit development area. My husband talked to you by phone and we expressed our concerns to you in a letter last month. After further review of the plans and permit application I believe this project is too big in size for this area. There is no need for 10 or even the 8 slips requested in the permit application I received. There are not 8 building lots that could use the slips which indicates the slips will be sold to anyone. This is completely out of line with the intended use. This area was designated as boat access for the Bayview Estate subdivision property owners. To have room for that many slips the docks must project further into the creek and they will make access to a boat ramp that has been there for 50 years much more difficult. This project must be scaled back to a size that meets the needs of the community. As the adjacent land owner I cannot give my permission for this Major Development Permit as it is written. Sincer ly; i y Sandy Nettin 252 745 7169 252 670 7774 IF Sandy Netting 133 Anna Lane Merritt, NC 28556 Braxton C. Davis Director, Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 November 21,2012 Reference: 10 slip community dock on Ball Creek, Penso Trust Co. Dear Mr. Davis RECEIVED Nov 21 2012 DCM-MHDC" I am the property owner of Lot 10, in Bayview Estates subdivision, which is the property adjacent to the permit development area. I written two letters to Brad Connel listing my concerns about this project and would appreciate a written response so I have an indication that the issues are being addressed before the permit is issued. Also in the file there should be several copies of letters that the Bayview Estates Home Owners Association Board of Directors have sent to the developer. I know that CAMA's main concern with water front development is with any affect on the water and land environment. I feel you should also consider the effect of water front development on the community that surrounds the development. The size and number of slips in this application is in excess of the needs of the subdivision in which it is located. These extra slips could be sold to people not associated with the subdivision and put extra wear and tear on the communities infrastructure with no benefit to the community. Please take this aspect of the development into your considerations for this project. I look forward to your response to this letter soon. Since y; Since Y Netting 252 745 7169 252 670 7774 sandynetting@gmall.com BAYVIEW ESTATES HOMEOWNERS ASSOCIATION November 14, 2012 To all Bayview Estates Home / Lot owners Special Meeting of the Bayview Estates Home Owner Association <_ RECENED When: December 8, 2012 k NOV 2 12012 Where: 133 Anna Lane Time: 1:00 PM DCM-Mnerry A special meeting of the Bayview Estates Home Owners Association (HOA) has been called to discuss a development plan in our community. On October 22, 2012 a construction permit application was filed with CAMA for development of a 10 slip community dock in Ball Creek at the end of Anna Lane. The area is shown on your subdivision plot labeled 'Boat Access". Carsten Evans, owner of lots 12 & 13, is proposing to construct a 10 slip dock system into Ball Creek in the area between lots 9 and 10. The permit application describes the construction details and location of the slips. The HOA Board of Directors has been in written communication with Mr. Evans since October Is'concerning the details of his plan. Mr. Evans indicated the slips would be privately owned and managed by a group organized by the slip owners. Copies of the communication are available and will be shared at the meeting. The Board of Directors believe the slips should only be owned and used by the Bayview Estates property owners who do not have water access. The Board of Directors has obtained legal advice that indicated it would be presumed, from the subdivision plot, that this is the intended use of the Boat Access area. However, Mr. Evans has implied that the slips would be for sale to anyone, not just those property owners in Bayview Estates. The Board of Directors believe this is a problem to our community with extra traffic, parking and wear and tear on our private road, Anna Lane. For additional information please contact any board member or association president David Netting. It is imperative that everyone attends or contacts myself or any of the directors. Bayview Estates Home Owners Association President & Board of Directors Dave Netting, President, 133 Anna Lane, Merritt, NC 28556 252-745-7169 Mary White, Director 252-745-7402 Pat Kirsch, Director 252-745-8034 Bill Giles, Director 603-488-5265 r. r 10 CU Ll cr r. C O 77 CJ c CD e - C N r. G :- tS L3 ij — • C .: ra Qj .. to 0 G] r_ C (' tt 1� 4 w C` j) IL. y+: Mr David I Netting ,,gyp - 133 Anna Ln R�Gj'y,`r �'Q 'COASTAL - _Merritt NC 28556 Nov % IvI Oro- h �. oaul s 7011 2000 0001 6991 1369 e � URN RECEIPT REQUESTED ��re A-e�� Cl il/c z 8ss7 RETURN RECEIPT REQUESTED lift, ff. rrrrrrlift rrrr,r,rrrrrrrrrrrrrrrrrrrrrrrrrrrr 10 �'OENED To: BAYVIEW ESTATES HOMEOWNERS ASSOCIATION OCT 2 5 2012 President Netting, Director White, Director Kirsh and Director Giles North Carolina Division of Coastal Management DCMMIIDCRY Mr. Brad Connell From: Carsten Evans RE: List of Concerns from "Letter October 1, 2012" Date: October 19, 2012 I sincerely appreciate the comment from your October 1, 2012 letter that reflects my permitting plans for the docking facility is good for the community. Thank you for that encouraging comment. I have carefully reviewed and believe I have addressed each of your concerns in my responses below. 1. Parking will be restricted to the Boating Access Lot, which will be limited to slip owners and their guests. No overnight parking will be allowed for more than three days. No parking will be allowed on Anna Lane or any other street in BAYVIEW ESTATES. 2. No trailers or campers shall be allowed in the Boating Access area. Parking shall only be allowed while a slip owner is on their boat or while visiting another slip owner with his or her boat. 3. The parking lot, grass and other vegetation in the Boating Access area will be maintained by the Dockominium (slip owners association) in a manner that is consistent with the rest of the neighborhood. 4. The Boating Access area reserves the right to provide water and/or electric if it deems it necessary. The purpose of this area is to add value to the interior lots, hence adding value to the community. It is not the intention of the declarant to cause light pollution to the area and will keep lighting to a minimum to provide safety to the slip owners for ingress and egress. 5. The only structure that is proposed is the dock system and access to it. 6. The Dockominium will provide a blanket liability insurance policy on the Boat Access Area. The Dockominium shall decide by majority vote as to what portion of the hazard insurance it deems necessary on the dock structure, and how much it will self -insure. 7. I have confirmed that the former property owner (Mr. Steve Atkins, Cabin Memories) had the property lines checked and verified by Josh Nobles Land Surveyor. Irons are in place to establish corners. 8. Up to 10 slips are allowed under this permit, which is the number originally proposed in the initial plans for the subdivision. 9. In no case will any commercial activity or any other nuisance be allowed. 10. In all cases slip owners, whether property owners or not, shall conduct themselves in such a way as to be an asset to the community. I hope this provides you with the clear intentions that you have requested. I have full confidence in Brandi Prescott Robertson in engaging the correct agencies in this project. My personal timeline for completion is early 2013. cc Brandi Prescott Robertson, Steve Atkins, Robert Perallon, Richard Perallon, Miji/Gary Song, Murat Niyazymbetov/Olga Niazoff, Phil Flackos. EAYVIEW ESTA TES October 1, 2012 Carsten Evans RECEIVED 891 SW 72nd Ave Plantation, FL 33317 OCT 2 5 2012 Carsten: DCM-MHDCIW It has come to our attention that you have made application with NC Division of Coastal Management for a permit for a docking facility in Bayview Estates Subdivision. We are not objecting to your plans and think it will be good for the community but we have some concerns and questions that we wish you could address (in written form so we can share with the community). It is stated in the permit application and in the project narrative that this facility is to provide water access for property owners within Bayview Estates Subdivision that do not own waterfront property. We believe this should be the only purpose for the slips and wish that you will confirm that is your intention. Only property owners can own the slips with no commercial use. Slips cannot be rented, leased or subleased. As you know, Anna Lane is a private road owned by Bayview Estates Home Owners Association and maintained by all the land owners in the subdivision. The Project Narrative starts out with the statement that the Bayview Estates Subdivision is proposing this docking facility. We believe this is inaccurate and should state that the Penso Trust Company is proposing the facility. The following is a list of concerns we have that we are sure you have already addressed in you planning but has not been communicated to us so far. 1. How will parking be provided? We would not want to have parking on Anna Lane which could disrupt the flow of traffic on that road. 2. Assuming parking is provided on your property known as the" boat access area" on the subdivision plot, will parking be limited for use by people using their boat and not for any permanent parking of vehicles or trailers? 3. What provision will be made for maintenance of the parking, grass, and requested easement through the marsh? 4. Will the docks and parking area have utilities? While it is not specified in our covenants, the community has adhered to the desire to have no permanent night lighting. 5. The 'Boat Access Area" was plotted with all the building lots and would have to meet the Bayview Estates Home Owners covenants. The only provision that your area would have to meet is no temporary or permanent structures would be allowed, r � r IN BAYVIEW ESTATES OCT 2 5 1i HOMEOWNERS ASSOCIATWAY DCM-MHD CITE' 6. Bayview Estates Home Owners Association maintains liability insurance on the use of Anna Lane. Have you addressed how you would handle liability for your facility? Would individual slip owners have to provide liability for their slip or would there be some blanket coverage for the whole facility by Penso Trust? 7. Since the former owner of your property did not maintain the property as a separate lot, the property lines need to be re-established before any construction can begin on the property. 8. There is some confusion on the number of slips in the facility. The drawing shows 10 slips but the permit application states 8 slips. Do you intend to change the application? We are sure all these questions and concerns have already been addressed in your planning for such a major project and you know how you will handle them. If you would jot them down and let us know your intentions, then Bayview Estates would have a clear understanding of the project. Do you have a time line for the project? Besides the CAMA permit, do you have other permits that are needed for the project? We would think Pamlico County would have to be involved at some point. Bayview Estates Home Owners Association President & Board of Directors Dave Netting, President, 133 Anna Lane, Merritt, NC 28556 Mary White, Director Pat Kirsch, Director Bill Giles, Director cc: Mr. Brad Connell NC Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Sandy Netting 133 Anna Lane Merritt, NC 28556 �0.ve �? &70-777� Mr. Brad Connell Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Reference: Major Development Permit Bayview Estates Community Dock Penso Trust Co. RECET✓Cp SEP 19 2012 nch1 .MHDCITy I own Lot 10 in Bayview Estates Subdivision, which is adjacent to the permit development area. I have the following concerns with the proposed community dock project: 1. 1 have a very small area of my lot with access to Ball Creek. My future development of the lot will be to construct a pier with a boat slip. I need to know if this development will restrict or prevent my development of water access to Ball Creek? 2. Will I also have permission to construct my pier over the wetlands as requested in this permit? 3. Will construction of this docking facility cause increase silting of my access area to Ball Creek since my property is in a cove like area behind these docks? 4. There is a narrow canal that provides water access for my property. Will this development restrict or prevent access to the entrance to that canal? 5. Where will cars park for people that use the slips. What will prevent them from parking on my property? 6. Who will maintain the permanent maintenance easement requested in the permit? These are my initial concerns for this development. I could have additional concerns at a later time. Also, since this is a private development in a subdivision community there could be other concerns raised by other home owners and land owners in the community. Sinc ely; Sandy Ne ' g AOO�ne; 1n39�Kai .CoM Obje��on BAYVIEW ESTATES HOMEOWNERS ASSOC'IA TION Carsten Evans 891 SW 72nd Ave Plantation, FL 33317 Carsten: October 1. 2012 It has come to our attention that you have made application with NC Division of Coastal Management for a permit for a docking facility in Bayview Estates Subdivision. We are not objecting to your plans and think it will be good for the community but we have some concerns and questions that we wish you could address (in written form so we can share with the community). It is stated in the permit application and in the project narrative that this facility is to provide water access for property owners within Bayview Estates Subdivision that do not own waterfront property. We believe this should be the only purpose for the slips and wish that you will confirm that is your intention. Only property owners can own the slips with no commercial use. Slips cannot be rented, leased or subleased. As you know, Anna Lane is a private road owned by Bayview Estates Home Owners Association and maintained by all the land owners in the subdivision. The Project Narrative starts out with the statement that the Bayview Estates Subdivision is proposing this docking facility. We believe this is inaccurate and should state that the Penso Trust Company is proposing the facility. The following is a list of concems we have that we are sure you have already addressed in you planning but has not been communicated to us so far. 1. How will parking be provided? We would not want to have parking on Anna Lane which could disrupt the flow of traffic on that road. 2. Assuming parking is provided on your property known as the" boat access area" on the subdivision plot, will parking be limited for use by people using their boat and not for any permanent parking of vehicles or trailers? 3. What provision will be made for maintenance of the parking, grass, and requested easement through the marsh? 4. Will the docks and parking area have utilities? While it is not specified in our covenants, the community has adhered to the desire to have no permanent night lighting. 5. The 'Boat Access Area" was plotted with all the building lots and would have to meet the Bayview Estates Home Owners covenants. The only provision that your area would have to meet is no temporary or permanent structures would be allowed r . BAYVIEW ESTATES HOMEOWNERS ASSOCIATION 6. Bayview Estates Home Owners Association maintains liability insurance on the use of Anna Lane. Have you addressed how you would handle liability for your facility? Would individual slip owners have to provide liability for their slip or would there be some blanket coverage for the whole facility by Penso Trust? 7. Since the former owner of your property did not maintain the property as a separate lot, the property lines need to be re-established before any construction can begin on the property. 8. There is some confusion on the number of slips in the facility. The drawing shows 10 slips but the permit application states 8 slips. Do you intend to change the application? We are sure all these questions and concerns have already been addressed in your planning for such a major project and you know how you will handle them. If you would jot them down and let us know your intentions, then Bayview Estates would have a clear understanding of the project. Do you have a time line for the project? Besides the CAMA permit, do you have other permits that are needed for the project? We would think Pamlico County would have to be involved at some point. Bayview Estates Home Owners Association President & Board of Directors Dave Netting, President, 133 Anna Lane, Merritt, NC 28556 Mary White, Director Pat Kirsch, Director Bill Giles, Director cc: Mr. Brad Connell NC Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 DG Sandy Netting 133 Anna Lane Merritt, NC 28556 Mr. Doug Hugget Division of Coastal Management 400 Commerce Ave Morehead City, NC 28557 Reference: Major Development Permit Bayview Estates Community Dock Penso Trust Co. December 13, 2012 RECEIVED DEC 14 2012 e. DCSi-'..tt:D CTTy I will be out of town until January 1, so if there is any written correspondence concerning this issue I will not get it until then. I can be reached by email at davenetting@gmail.com or cell phone at 252 670 7774. Sincerely; Sandy Netting 252 745 7169 252 670 7774 E i n i y - 4 T R r k r 2 4- Line on dra DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Pensco Trust Company 2. LOCATION OF PROJECT SITE: The project is located adjacent to Ball Creek at the end of Anna Lane in the Bayview Estates Subdivision, off of Florence Road, near Merritt, Pamlico County. Photo Index — 2006: 82-8269, grids 0-2; 2000: 82-971, grids I-4. State Plane Coordinates - X: 824729.769 Y: 157759.330 Longitude: -076 3818.97 Latitude: 35 08 56.71 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit— 3/6/11 Was Applicant Present No Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 10/22/12 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — 2005 Pamlico County (01/28/05) Land Classification from LUP - Rural with Services (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — None Planned -None (F) Type of Development: Existing — none Planned -I 0-slip community docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: (A) Open Water ]F 906 ftZ shaded 5,600 ftZ incorp (B) Coastal Wetlands 50 ft2 shaded 875 ftz altered (E) Total Area Disturbed: 6,525 ftZ (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW, NSW Open: No (11) Cultural Resources: unknown 8. Project Summary: The applicant wishes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates subdivision, Pamlico County. Field Investigation Report: Pensco Trust Company Pace 2 9. Narrative Description: The property is located near Merritt in the Bayview Estates subdivision, off of Florence Road in Pamlico County. The property is at the end of Anna Lane on the "Boat Access" lot. This site is undeveloped. The lot is 0.4 acres. The adjacent tract to the north is a developed residential lot within the subdivision, and the adjacent lot to the south undeveloped. The elevation of the high ground of the parcel is about +5.5' above the normal water level (nwl). Vegetation on the lot mainly consists of Coastal Wetlands (Spartina cynosuroides), pine trees, and lawn grasses. The Coastal Wetlands on this property are subject to irregular flooding. This lot has approximately 100' of continuous shoreline along Ball Creek. Immediate offshore water depths adjacent to the lot range from —1' to —5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 345 feet across at this location. These waters are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. This project area is subject to the Neuse River Riparian Buffer Rules. 10. Proposed Development: The applicant wishes to construct a new 10-slip community docking facility adjacent to Ball Creek near Merritt. The proposed development will take place at the end of Anna Lane, off of Florence Road. The applicant also wishes to mow the Coastal Wetlands AEC down to a height of six inches, and maintaining a 25' wide and 35' long path from the high ground down to the shoreline at the site of the proposed docking facility. The main access pier will traverse the high marsh Coastal Wetlands AEC heading in an easterly direction. It is proposed to be 5' wide and 70' long. At the waterward terminus of the main access pier, there will be a perpendicular "T" platform. This proposed fixed platform will be 5' wide and 70' long. The docking facility will utilize four finger piers and 19 independent tie pilings to support ten boat slips. The proposed finger piers will be 4' wide and 16' long. Each slip will be 15' wide and 20' long. This docking facility will extend approximately 70' offshore from the waterward edge of the marsh. The proposed boat slips will be in water depths ranging from -2.5' to -5' nwl. A dry hydrant will be installed on the docking facility. No formal upland parking area is proposed at this time. 10. Anticipated Impacts: The docking facility will not pose a hazard to navigation because it will be less than ''/, ofthe width of the waterbody. The tie pilings will be greater than 15' from both of the adjacent riparian property lines. This proposed community docking facility will usurp 5,600 fl of Public Trust Waters. The access pier will shade approximately 50 ftof Coastal Wetlands. The proposed Coastal Wetlands mowing will impact 875 f of salt reed grass (Spartina cynosuroides). Traditional marine construction methodology will be utilized during the construction of this Brad Connell October 23, 2012 Morehead City .- Field Investigation Report: Pensco Trust Company Paee 3 private/community docking facility. Temporary, short-lived turbidity impacts are anticipated during the setting of the docking facility's pilings. The mowing of the Coastal Wetlands AEC will be maintained for the life of the project. There will be no alteration of the marsh substrate as a condition of the permit, per CRC rules. This project area is subject to the Neuse River Riparian Buffer Rules. Water depths within the proposed boat slips are deep enough to prevent scouring of the shallow bottom habitat. These waters of Ball Creek are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. Brad Connell October 23, 2012 Morehead City DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Pensco Trust Co. County: Pamlico LOCATION OF PROJECT: Adjacent to Ball Creek at the end of Anna Lane in the Bayview Estates S/d, off of Florence Rd., in Merritt. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/22/12 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO FIELD REPRESENTATIVE: Brad Connell DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Y�e-sa APPLICATION ASSIGNED TO: Ve t,-.- i C) 75 DAY DEADLINE4. 13 MAIL OUT DATE: r�MMIN6i1J:2.1:v1:9 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: YES DISTRICT OFFICE: Morehead Citv FEE REC'D: 400.00 (60/40) END OF NOTICE DATE: 11/26/12 ON: (v/'L 150 - DAY DEADLINE: �1AN93011010- v0:9 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO u>CES Coastal Management- Regional Representative Coastal Management - LW Consistency Detetmination V Division of Consmwiry Assistance Land Qoaliry, Section Division of Water Quoity Storm Water Management (DWQ) State Property Office 1 s/ Division of Archives & History Division of Environmental Health tQ _31 Division of Highways VVV Wildlife Resources Commission ` r7 1 Local Perrot Office ✓ Division of Marine Fisheries Carps of Engineers Beverly Eaves Perdue Governor October 24, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ©z_ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Dee Freeman Director Secretary E C a J a 1tECFavEn EVV " DEC 0 3 2012 DCM-MHD Crry Ken Pace NC DOT, State Construction/Materials Branch Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensco Trust Company NOV 1 4 2012 NIEW KERN Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIG DATE {Oii wl Phone: 252-808-28081 FAX: 252-247-3330 Intemet: www.nccoastalmanagement.net N�O/ji/`�jhC/a�tr/rollliina An Equal Opportunity l Affim b" Action Employer Naturally N�tural y DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Pensco Trust Company 2. LOCATION OF i'ROJECT SITE: The project is located adjacent to Ball Creek at the end of Anna Lane in the Bayview Estates Subdivision, off of Florence Road, near Merritt, Pamlico County. Photo Index — 2006: 82-8269, grids 0-2; 2000: 82-971, grids I-4. State Plane Coordinates - Y: 824729.769 Y: 157759.330 a RECEIVED Longitude: -076 38 18.97 Latitude: 35 08 56.71 DEC 03 2012 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit —3/6/11 DCM-MR)MY Was Applicant Present No Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 10/22/12 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — 2005 Pamlico County (01/28/05) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — None Planned -None (F) Type of Development: Existing — none Planned - 10-slip community docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water 906 ft2 shaded `s 5,600 ft2 incorp (B) Coastal Wetlands 50 ft shaded 11 875 ft2 altered (E) Total Area Disturbed: 6,525 W (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW, NSW Open: No (H) Cultural Resources: unknown 8. Proiect Summary: The applicant wishes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates subdivision, Pamlico County. Field investigation Report: Pensco Trust Company Page 2 9. Narrative Description: The property is located near Merritt in the Bayview Estates subdivision, off of Florence Road in Pamlico County. The property is at the end of Anna Lane on the "Boat Access" lot. This site is undeveloped. The lot is 0.4 acres. The adjacent tract to the north is a developed residential lot within the subdivision, and the adjacent lot to the south undeveloped. The elevation of the high ground of the parcel is about +5.5' above the normal water level (nwl). Vegetation on the lot mainly consists of Coastal Wetlands (Spartina cynosuroides), pine trees, and lawn grasses. The Coastal Wetlands on this property 'are subject to irregular flooding. This lot has approximately 100' of continuous shoreline along Ball Creek. Immediate offshore water depths adjacent to the lot range from —1' to —5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 345 feet across at this location. These waters are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. This project area is subject to the Neuse River Riparian Buffer Rules. 10. Proposed Development: The applicant wishes to construct a new 10-slip community docking facility adjacent to Ball Creek near Merritt. The proposed development will take place at the end of Anna Lane, off of Florence Road. The applicant also wishes to mow the Coastal Wetlands AEC down to a height of six inches, and maintaining a 25' wide and 35' long path from the high ground down to the shoreline at the site of the proposed docking facility. The main access pier will traverse the high marsh Coastal Wetlands AEC heading in an easterly direction. It is proposed to be 5' wide and 70' long. At the waterward terminus of the main access pier, there will be a perpendicular "T" platform. This proposed fixed platform will be 5' wide and 70' long. The docking facility will utilize four finger piers and 19 independent tie pilings to support ten boat slips. The proposed finger piers will be 4' wide and 16' long. Each slip will be 15' wide and 20' long. This docking facility will extend approximately 70' offshore from the waterward edge of the marsh. The proposed boat slips will be in water depths ranging from -2.5' to -5' nwl. A dryhydrant will be installed on the docking facility. No formal upland parking area is proposed at this time. 10. Anticipated Impacts: The docking facility will not pose a hazard to navigation because it will be less than ''/a of the width of the waterbody. The tie pilings will be greater than 15' from both of the adjacent riparian property lines. This proposed community docking facility will usurp 5,600 ft2 of Public Trust Waters. The access pier will shade approximately 50 I'f of Coastal Wetlands. The proposed Coastal Wetlands mowing will impact 875 ft2 of salt reed grass (Spartina cynosuroides). Traditional marine construction methodology will be utilized during the construction of this Brad Connell October 23, 2012 Morehead City Field Investigation Report: Pensco Trust Company Pa$e 3 private/community docking facility. Temporary, sh.A-Aired turbidity impacts are anticipated during the setting of the docking facility's pilings. The mowing of the Coastal Wetlands AEC will be maintained for the life of the project. There will be no alteration of the marsh substrate as a condition of the permit, per CRC rules. This project area is subject to the Neuse River Riparian Buffer Rules. Water depths within the proposed boat slips are deep enough to prevent scouring of the shallow bottom habitat. These waters of Ball Creek are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. V RECErM DEC 0 3 2012 Ih/J`� 17U Nrri Brad Connell October 23, 2012 Morehead City . W : Penso Trust Co. Bay,view Estates Community Dock Project Narrative: P,enso Trust Co. is proposing a docking facility to provide wet storage slips for property owners within the subdivision that do not own waterfront property. Specifics to the docking facility are as follows: ® Pier —5'x70' .2 T-Platform —SVC' a Four Finger Piers —4'x16' m 19 Mooring Pilings. The dock will be constructed of wooden pilings and bracing. Concrete "hog slats" will be used for decking. The finger piers will also be constructed of wood. Most construction will be conducted water ward of the shore. A barge equipped with an excavator with a vibrating head will drive pilings and set concrete slats. A small amount of piling installation will take place from land. Matts will be utilized in order to minimize any damage done to existing wetlands. We would also like to request a permanent maintenance area along the walkway that will lead to the pier. We propose an area of 25', 10' on either side of pier and 5' underneath of the decking. The maintenance area would be trimmed to an acceptable length throughout the year. This would allow for easier access to the docking facility and protect the pier from becoming over grown with the Giant Cordgrass that currently grows on site, which has capabilities of reaching well over 6'tall. A Dry Hydrant will also be installed per Pamlico County Building Department requirements. .:; LCT 2 2 2012 Cg1JLa APPLICATION for .Wyu. Ly Major Development Permit DEC 0 3 2012 (last ravised i21N06) DCM-MHDCITY ;° wt Caroiln,� DIVISION Oi ( , .STAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Penso Trust Co. Prcject Name (if applicable) Bayview Estates Applicant 1: First Name Carsten MI Last Name Evans Applicant 2: First Name MI Last Name If additional appNcants, please attach an addMonal page(s) with names listed. Mailing Address 891 SW 72ntl Ave.. PO Box City Plantation state FL ZIP 33317 Country Phone No. 252-975-0777 ext FAX No. Street Address (if ddfererd from above) City State ZIP Email carsten@nova.edu 2. Agent/ContractorInformation Business Name B. Prescott Marine Construction, Llc Agent/ Contractor 1: First Name MI Last Name Brandi P Robertson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City state 874 Oriental NC ZIP Phone No. t Phone No. 2 28571 252 - 249 - 0149 ext. 252 - 617 - 9797 ext. FAX No. Contractor # 252 249 0384 67655 Street Address (ddhTerent from above) City state ZIP 141 Tara Trail Grantsboro NC 28529- Email brandi_133@yahoo.com <Form continues on back> For, DCZI NIP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pamlico Anna Lane North of 1324 Subdivision Name city State Zip Bayview, Estates Merritt NC 28556 - Phone No. Lot No.(s) (if many, attach additional page with list) n/a - ext. n/a, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Bay River Bail Creek 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 Bay River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ®No work falls within. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft) Approximately 100' Approximately .4 acres, 18,700 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or nfa, I NWL (normal water leveo (If many lot sizes, please attach additional page with a list) 5.5' ❑NHW or ENWL e. Vegetation on tract Fescue grass, Giant Cordgrass, Pine Trees. I. Man-made features and uses now on tract nfa g. Identify and describe the existing land uses adiacent to the proposed project site. Residential lots both currently vacant. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? n/a (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does ft involve a []Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> t Form COM MP-1 (Page 3 of 4) m. (1) Are there wetlands on the site? (h) Ar thera coastal wetlands on the site? (iii) If yes to either (i) or (ii) abovehas a delineation c•: x=.d,_ c.-d? (Attach documentation, if available) n. Describe existing wastewater treaii ent facilities. Residential lots have individual ground absorbtion septic systems. o. Describe existing drinking water supply source. Pamlico County Water System p. Describe existing storm water management or treatment systems. Ditch drainage. APPLICATION f< fvlajor Development Pewit 21Yes ONO RECMM .es ❑,,„ DEC 0 3 21 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public(Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide wet slip storage for homeowners of Bayview Estates area. 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. An excavator and barge will be used in the construction of the new dock. Pilings will be driven using the vibratory method a vibrating head attached to the arm of an excavator). Concrete decking will be placed and wooden finger piers will be constructed. Mooring piles will also be installed. Pilings driven on land will be done by an excavator and matts will be utilized to minimize impact on the existing wetlands. d. List all development activities you propose. Construction of an eight slip marina. +en 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? n1a ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Na I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> Form DCNI 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) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. - c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phillip Fiackos Phone No. 410-461-1007 Address 4702 Ribble Ct., Ellicott City, MD 21043 Name Sandra Netting Phone No. 252-745-7169 Address 133 Anna Ln., Merritt, NC 28556 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. We h. Signed consultant or agent authorization form, 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad 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 /Bra /vt f P{�PbbcY_%_Sot) Signature E�(Q{)/i(fICOUtl! Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts l ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information F'orin DCM MPA STRUCTURES (Consttr+A .-tion within Public Trust Areas) DEC 03 2012 DCM-MAD CITY lflarh this form to Joint Application for C:AMA Major Perrnit, For,n DCM MP-! Be sure to clan,-' _._ all others+ c' ons of the Joint ?ppl;cation that relate to this proposed f: oject. Please Include all suppl+.,wentai information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PublictGovernrnent ®Private/Community ❑This section not applicable b. (i) VVil the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) - d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes: (iii) Length 79 (ii) Number 4 (iv) Width 5' (iii) Length 16' (v) Floating []Yes ®No (iv) Width 4' (v) Floating []Yes ®No e. (i) Are Platforms included? Eyes ❑No f. (i) Are Boatlifts included? ❑Yes ®No If yes: If yes: (Ill Number 1 (ii) Number _ (iii) Length 70' (iii) Length _ (iv) Width 5' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips") only, number of slips: 10 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land out and access channel []Open water; dredging for basin and/or channel ®Open water, no dredging required []Other; please describe: ,k. Typical boat length: 20' in. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 19 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Recreational mixed types. I. (1) Will the facility be open to the general public? Dyes ®No Z DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitar/ facilities that will be included in the propered project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater.'fr'-i=;�r' Pamlico County Water System c. Describe the disposal of solid waste, fish offal and trash. All trash will be removed from the site and disposed of elsewhere. Trash pick up is availabel to the homes in the subdivision. d. How will overboard discharge of sewage from boats be controlled? Tank lock down rule will apply. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 0 (ii) Give the location and number of'PumpoutAvailable" signs proposed. - 0 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? Vessel maintenance will not be allowed at site. h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Over night and live-aboards will not be allowed. k. Describe design measures that promote boat basin flushing? The creek bottom descends naturally towards the channel. I. If this project is an expansion of an existing marina, what types of services are currently provided? n/a m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes []No n. fs the marina/docking facility proposed within or adjacent to any shellf"ist+ harvesting area? ❑Yes 2:"iu is the n `. ,;decking faulihy prcpesed within or adjacent to »i), submerged aauanc �regetatei _ z_C•l), sled oct>. ` (SB: , „tner we::ands (WL)? if any boxes are ch. +. crov �_ .;;mbzr 1 -:.,are feet affected. RECEIVED ecoroxirrateiy2U0sgft ❑SAV "w _ ❑None DEC 0 3 2012 _:d n;.:dnaldocdcingfacilfi/located vrtti�o- []Yes ONO If yes, give U:e name and address of the leaseholder(s), and give the proximity to the lease. DCM MHD CITY 3. BOATHOUSE (including covered lift) ®This section not applicable a. () Is the boathouse stnxture(s): - ;isECEiv C`i') ❑Commercial ❑PublictGovemment ❑Private/community (ii) Number 0 �• 9 204 (III) Length ''t`� �' (iv) Width Hole: Roofed areas are calculated from drlplfne dimensions. "f)cm-i'Miym C I 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fiff.) ®This section not applicable a. () Number _ (ii) Length (ii) Width & BREAKWATER (e.g., wood, sheelpile, 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 ❑PubliclGovemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. . Arc of the swing _ 7. GENERAL b. Number _ d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structure(s) to adjacent riparian proparty fines 29 to the North and 15' to the South. Note: For buoy or mooring piling, use ara of swing ircludirg lergth of vessel. c. U/idth of water bcdy 345' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and 'now they will be implemented. Is. Proximity of structure(s) to adjacent docking facilities. 102' from the dock to the South and approximately 350' from the dock to the North. _ d. Water depth st watefward and of structure at MLNf or NWL 4' & OTHER []This section not applicable a. Give complete description: Penso Trust Co. proposes a docking facility to provide wet slip storage to property owners that do not own waterfront property. The proposal includes the construction of a 5'x70' with a 6x70' T-Platform. Four 4'xl6' finger piers will also be constructed. A Dry Hydrant will also be installaed in accordance with the Pamlico County Land Use Plan. October 22, 2012 Date Bayview, Estates Community Dock Project Name Brandi. Prescott Robertson Applicant Name i1�ir Lac 1 Applicant Signature i IECE MI) CJC'f 22 291 N.C. DIVISION OF COASTAL MAINAGEMEN7 AOFN'T AUT1 i0R' A ION FOR+W 1 i! Date !'+ame of Property Owner Applying for Permit: Z1, �Y�SCn It'US7- i rds`� Mailing Address: 4�9 I c�W -7 2'Y Ayc . h. RECETUD DEC 0 3 2012 D M-MFD CrrY I certify that I have authorized(agent).(;,fi to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) n i` i J w /,1 V 1 Y a -- at (my property located at) Anna LLIne, W C V V M , N This certification is Property Owner Signature (date) I/if Date Penso Tr„ist Co. 6ayvivv: EsLates Commur Scale 1"—=62' Oc+Obo: 22, 2010 Paa.% 1 of 2 Drajiinos by Biandi F. Robe, tsc Ball Creek p t V L 1 2� Ztit� .711U1 CIIIIC sC1. Coastal Wetlands -1, Penso Trust Co. Bayview Estates Community Dock Scale 1"= 15' September 11, 2012 Page 2 of 2 Drawings by Brand! P. Robertson 51M T-platform 4'xI6' I Finger 6'x70' Concrete Deckin Pier Slip Slip ringe, Slip Slip -Z 13" Tie piling -3' -3' 6" NWL Tie Piling -4' O n m o � ca N O N 12/03/2012 MON 9:30 FAX +-1 CAMA 0001/001 Beverly Eaves Perdue Governor November 29, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: 0 CCDEE R North Carolina Department of Environment and Natural Resources Division of Coastal Management Local Permit Officer Carteret County Braxton C. Davis Dee Freeman Director " `— ] Secretary fil NOV 3 6 2012 � Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Larry Riggs Carteret County, at 133 Buena Vista Drive, adjacent to the Bogue Sound, in Newport, North Carolina. Proposes to place riprap waterward of the existing bulkhead for added stabilization. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 13,ftember 19, 2012,; If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) $08-2808 Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: 1- This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGN Q'r� �y, 2 DATE % Z - 3 - 2 D / Z 400 C reeve M eheatl Clty, NC 2055 � One Phone: 252-808.280B 1 FAX: 252.247-3330 InterneC www.nccosstehrarnennent.net N�,/.�-�}`7j`.,' IC'ar01/1f�,y/a An Gpuei OppaWNLOOrmallve Aaiun Employer (/ �'N'�KL Q�LY �� pG KDENR North Carolina Department of Environment and Natural Resources Divisimof Water,Quality; ci r., ., {c;) „;, .. Beverly Eaves Perdue Chirles.Mkiid, P'E:'' " f bee Freeman Governor Director ; >� ;.: Secreta, ry December 12, 2012 b, DWQ Project # 12-1008 Fla,--,Pamlico._County Pensco Trust Company Mr. Carsten Evans 891 SW 72nd Avenue J s Plantation, FL 33317 ,, Subject Property: Bayvlew Estates, 10-Slip.Ddcking Facility Neuse River Basin, Ball Creek [ NEU 13, 27 150-20; NSW, SA, HQWj l , Approval of 401 Water Quality Certification and Authgriza{lon Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with AIdditional-Conditions Dear Mr. Evans: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.6012tacres of wetlands by shading, 0.128 acres of open waters by shading, and 300 square feet (ff2) of protected riparian buffers for the purpose of constructing a 10-slip boat dock at the subject property, as described within your application dated October, 22„ 2012 and, received by the N.C. Division of Water Quality (DWQ) on October 3o, 2012.. The impacts proposed in the application are covered by General Water Quality Certification Number(s) 3900 (GC3900). The Certifications) allows you to use the Corps 291 Permits) that's issued in conjunction with your CAMA Major permit. This letter shall also`act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233 for access to a water dependent structure. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted In your application shall expire upon expiration of the 404 or CAMA Permit. 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 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 North Carolina Division of Water Quality Internet "w ncwaternualitv.ore 943 Washington Square Mall Phone: 252-946-6481 �n.,e}7,, 1 Washington, NC 27889 FAX 252-946-9215 NorthCaroll.na An Equal OppodunitylAffinnative Action Employer— 50%Recycled110"/o Post Consumer Paper Naturally Pensco Trust Company r Mr. Carsten Evans Bayview Estates, 10 Slip Docking Facility Page 2 of 4 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved Units Plan Location or Reference Stream feet ' 404/CAMA Wetlands 0.0012 (acres) shading Plan Sheet Waters 0.128 acres shading Plan Sheet Buffers 300 (square ft. Plan Sheet 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Pensco Trust Company Mr. Carsten Evans Bayview Estates, 10 Slip Docking Facility Page 3 of 4 Notification. All construction activities, including the*design? installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules OCCUr. ._-;'i .,::T?SL+`?'ii"Y}'OI!,;.�:3 I'✓ 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters -'I•' ' Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable: If placementiVo sediment and erosion control devices in wetlands and waters is unaJoidable,'they,.sh'dll-ibexremoved and the natural grade restored within six months �of' the: -date thatIthe Division of Land Resources has released the project. '''` ;'" 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. No maintenance is to be preformed while boats are at dock, this includes fueling, painting, Wash down, and removal of fouling from hulls. 7. No live aboard are to be allowed within the 10-slip marina. 8. Heads are to be locked while boats are at dock. 9. Work Moratoriums The Permittee is required to adhere to all appropriate in -water work moratoriums (including the use of pile driving or vibration techniques) prescribed by the NC Wildlife Resources Commission, the US Fish and Wildlife Service, and National Marine Fisheries Service. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. Pensco Trust Company Mr. Carsten Evans Bayview Estates, 10 Slip Docking Facility Page 4 of 4 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as,provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of,the Clean Water Act and the Neuse riparian buffer protection rule.as.described within 15A NCAC 2B .0233. If you have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-948-3940 or Karen Higgens of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919-807-6364. Sincerely, ^^' n / For Chl 0 0 akild, P.E. F? Enclosures: Certificate of Completion GC 3900 cc: Brandi Robertson, PO Box 874, Oriental, NC 28571 Corps of Engineers Washington Regulatory Field Office DWQ Webscape Unit DCM, Doug Huggett, Morehead District Office DCM, WaRO File copy AMENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary October')A 2012 ry y� eA ,\ N ae�`i�12 C MEMORANDUM: N ooA TO: Tim Walton State Property Office 1 EIz ti, FROM: Doug Huggett RECEWW Major Permits Processing Coordinator NOV 01 2012 SUBJECT: CAMA/DREDGE & FILL Permit Application Review DC44-MM CITY Applicant: Pensco Trust Company Project Location: Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposed Project: Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: s agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNE DATE Q ✓�� —� 'L 400 Commerce Ave., M eh 8 d 'ty, 28557 None Carolina Phone: 252-808-28081 F : 2 - -3 0 Intemet: www.n asta anagement.nel An Equal Opportunity \ Affirmave Action Employer ahma!!y 2. 3. 4. 5. 6. 7 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S _'TAME Pensco Trust Compar,_; LOCATION OF PROJECT SITE: The p, y,�ct is located adjacent to Pall Creek at ti,. end of Anna Lane in the Bayview Estates Subdivision. off of Florence Road, near Merritt, Pamlico County. Photo Index — 2006: 82-8269, grids 0-2; 2000: 82-971, grids 1-4. State Plane Coordinates - X: 824729.769 Y: 157759.330 Longitude: -076 38 18.97 Latitude: 35 08 56.71 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date of Site Visit — 3/6/11 Was Applicant Present No Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 10/22/12 Office - MHC SITE DESCRIPTION: (A) Local Land Use Plan — 2005 Pamlico County (01/28/05) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: PTA, EW, CW (C) Water De en e (D) Intende Use: Private/Community (E) Wastewate — e Planned -None (F) Type of Development: Exist!!!—� Pkeamed - 10-slip community d •ng facility (G) Estimated Annual Rate of Source — N/A HABITAT DESCRIPTION: Nnv 01 2012 nrin_,qun rITV (A) Open Water i 906 ftZ shaded 5,600 ft2 incorp (B) Coastal Wetlands 50 ft shaded 875 ft2 altered (E) Total Area Disturbed: 6,525 ftZ (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW, NSW Open: No (H) Cultural Resources: unknown Proiect Summary: The applicant wishes to construct a 10-slip community -docking facility for the private use of interior lot owners of the Bayview Estates subdivision, Pamlico County. Field Investigation Report: Pensco Trust Company Page 2 9. Narrative Description: The property is located near Merritt in the Bayview Estates subdivision, off of Florence Road in Pamlico County. The property is at the end of Anna Lane on the "Boat Access" lot. This site is undeveloped. The lot is 0.4 acres. The adjacent tract to the north is a developed residential lot within the subdivision, and the adjacent lot to the south undeveloped. The elevation of the high ground of the parcel is about +5.5' above the normal water level (nwl). Vegetation on the lot mainly consists of Coastal Wetlands (Spartina cynosuroides), pine trees, and lawn grasses. The Coastal Wetlands on this property are subject to irregular flooding. This lot has approximately 100' of continuous shoreline along Ball Creek. Immediate offshore water depths adjacent to the lot range from —1' to —5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 345 feet across at this location. These waters are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. This project area is subject to the Neuse River Riparian Buffer Rules. 10. Proposed Development: The applicant wishes to construct a new 10-slip community docking facility adjacent to Ball Creek near Merritt. The proposed development will take place at the end of Anna Lane, off of Florence Road. The applicant also wishes to mow the Coastal Wetlands AEC down to a height of six inches, and maintaining a 25' wide and 35' long path from the high ground down to the shoreline at the site of the proposed docking facility. f The main access pier will traverse the high marsh Coastal Wetlands AEC heading in an easterly direction. It is proposed to be 5' wide and 70' long. At the waterward terminus of the main access pier, there will be a perpendicular "T" platform. This proposed fixed platform will be 5' wide and 70' long. The docking facility will utilize four finger piers and 19 independent tie pilings to support ten boat slips. The proposed finger piers will be 4' wide and 16' long. Each slip will be 15' wide and 20' long. This docking facility will extend approximately 70' offshore from the waterward edge of the marsh. The proposed boat slips will be in water depths ranging from -2.5' to -5' nwl. A dry hydrant will be installed on the docking facility. No formal upland parking area is proposed at this time. 10. Anticipated Impacts: The docking facility will not pose a hazard to navigation because it will be less than ''/a of the width of the waterbody. The tie pilings will be greater than 15' from both of the adjacent riparian property lines. This proposed community docking facility will usurp 5,600 ftZ of Public Trust Waters. The access pier will shade approximately.50 ftZ of Coastal Wetlands. The proposed Coastal Wetlands mowing will impact 875 ft2 of salt reed grass (Spartina cynosuroides). Traditional marine construction methodology will be utilized during the construction of this Brad Connell October 23, 2012 Morehead City Field Investigation Report: Pensco Trust Company Page 3 private/community docking facility. Temporary, short-lived turbidity impacts are anticipated during the setting of the docking facility's pilings. The mowing of the Coastal Wetlands ;'..EC will be maintained for the life of the project. There will be no alteration of the marsh substrate as a condition of the permit, per CRC rules. This project area is subject to the Neuse River Riparian Buffer Rules. Water depths within the proposed boat slips are deep enough to prevent scouring of the shallow bottom habitat. These waters of Ball Creek are classified as a Primary Nursery Area and there is not any submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a defined Federal Channel in this area. 1 a) NOV 01 2012 t4'tlu ,.ramrTr�1 Brad Connell October 23, 2012 Morehead City t Penso Trust Co. BaVMesv Estates Community Dock Project Narrative: Penso Trust Co. is proposing a docking facility to provide vvet storage slips for property owners within the subdivision that do not own waterfront properly. Specifics to the docking facility are as follows: ® Pier —5'x7C' © T-Platform — 5'x70' o Four Finger Piers —4'x16' ® 19 Mooring Pilings. The dock will be constructed of wooden pilings and bracing. Concrete "hog slats" will be used for decking. The finger piers will also be constructed of wood. Most construction will be conducted water ward of the shore. A barge equipped with an excavator with a vibrating head will drive pilings and set concrete slats. A small amount of piling installation will take place from land. Matts will be utilized In order to minimize any damage done to existing wetlands. We would also like to request a permanent maintenance area along the walkway that will lead to the pier. We propose an area of 25', 10' on either side of pier and 5' underneath of the decking. The maintenance area would be trimmed to an acceptable length throughout the year. This would allow for easier access to the docking facility and protect the pier from becoming over grown with the Giant Cordgrass that currently grows on site, which has capabilities of reaching well over 6' tall. A Dry Hydrant will also be installed per Pamlico County Building Department requirements. IDCM MHDDCNi V r M WI APPLICATION for Major Development Permit (last revised 12: R7.06) North Carolina i31VIS,ON OF COAREGEU DtNAGEMENT 1. Primary Applicant/ Landowner Information N O V 0 Business Name Penso Trust Co. Project Name (if applicable) Bayview Estates DCM-MHDCITY Applicant 1: First Name Carsten MI Last Name Evans Applicant 2: First Name MI Last Name If additional appficants, please attach an additional page(s) with names listed. Mailing Address 891 SW 72ntl Ave.. PO Box City Plantation State FL ZIP 33317 Country Phone No. 252 - 975 - 0777 ext. FAX No. Street Address (if dI ferent from above) City State ZIP Email carsten@nova.edu 2. Agent(Contractor Information Business Name B. Prescott Marine Construction, Lie Agentf Contractor 1: First Name MI Last Name Brandi P Robertson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 874 Oriental NC ZIP Phone No. 1 Phone No. 2 28571 252 - 249 - 0149 e)t. 252 - 617 - 9797 ext. FAX No. Contractor M 252 249 0384 67655 Street Address (ifdWerentfrom above) City State ZIP 141Tara Trail Grantsboro NC 28529- Email brandi_133@yahoo.com <Form continues on back> Form DCM Fu1P-1 (Page 2 of 4) APPUCA71OM for Major Development Permit' 3. Project Location County (can be multiple) Street Address State Rd. # Pamlico Anna Lane North of 1324 Subdivision Name City State Zip Bayview Estates Merritt NC 28556 - Phone No. Lot No. is) (if many, attach additional page with list) n/a - - ext. n/a, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Bay River Ball Creek 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 Bay River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning judsdiction or city limit the proposed ❑Yes ®No work falls within. Pamlico County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) _ Approximately 100' Approximately .4 acres, 18,700 sq ft c. Size of individual Iot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a, I I NWL (normal waterlevel) (If many lot sizes, please attach additional page with'a list) 5.5' ❑NHW or ®NWL e. Vegetation on tract Fescue grass, Giant Cordgrass, Pine Trees. f. Man-made features and uses now on tract n/a g. Identify and describe the existing land uses adiacent to the proposed project site. Residential lots both currently vacant. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? We (Attach zoning compliance certificate, if applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 Page 3 of 4) AP?UCATIC?i 'cr Major Development Permit m. (i) Are therewetlands on the site? ®Y�s ONO (i!) Are there -.oasial wetlands on the site? ® !-a ❑No liii; If yes to either (i) or (ii) above, has a delineation been conducted? ®- ❑htC (Attach documentation, if available) �-- REMM n. Describe existing wastewater treatment facilities. $ Residential lots have individual ground absorbtion septic systems. NOV 01 2012 o. Describe existing drinking water supply source. DCM-IDC>TY Pamlico County Water System p. Describe existing storm water management or treatment systems. Ditch drainage. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public(Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide wet slip storage for homeowners of Bayview Estates area. 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. An excavator and barge will be used in the construction of the new dock. Pilings will be driven using the vibratory method a vibrating head attached to the arm of an excavator). Concrete decking will be placed and wooden finger piers will be constructed. Mooring piles will also be installed. Pilings driven on land will be done by an excavator and matts will be utilized to minimize impact on the existing wetlands. d. List all development activities you propose. Construction of an.e slip marina. -hen 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? n/a ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use oft h. Describe location and type of existing and proposed discharges to waters of the state. n/a I. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICA710M 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) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a.. A project narrative. b. An accurate,. dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats', drawings to distinguish between workcompleted and proposed. c. A site of location map that insufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phillip Fiackos Phone No. 410-461-1007 Address 4702 Ribble Ct., Ellicott City, MD 21043 Name Sandra Netting Phone No. 252-745-7169 Address 133 Anna Ln., Merritt, NC 28556 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. n/a h. Signed consultant or agent authorization form, 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. 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad 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 l to the best( of m�ty- knowledge. Date Print Name 'Bi-ay)d i P kbl x- ,Son Signature &I" Y• )?Oiffl� Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts O C I 0 w 201E ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information y+n4s+A, } i:�rI :3:i L:t form DCM MP-4 STRUCTURES iConstruction wifdsin Public husk: Areas) lttach this form to Joint Ap�:ii :ation for CAM' Major P;rm t, Forut DCM MP-1. Be sure to comple:.s all other secticn- of the Joint ppl+cation that relate to thlo . 'oposed projec+ Fleas,, tclude all supplemental information. 1. DOCKING FACIUMMARINA CHARACTERIS 71CS ❑This section not applicable a. (1) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ❑Public/Govemment ®Private/Community []Yes ONO RECEMD c. (i) Dcck(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii)Number 1 If yes: NOV 0 ] 201) (iii) Length 79 (ii) Number 4 (iv) Width 5' (iii) Length 16' (v) Floating ❑Yes ONO (iv) Width 4' DM-MHDCITV (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Bcatlifts included? ❑Yes ONO If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 70' (iii) Length (iv) Width 5' (iv) Width (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 10 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of twat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 20' m. (i) Will the facility have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 19 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Recreational mixed types. I. (i) Will the facility be open to the general public? ❑Yes ONO Z. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the fallowing sanitary facilities that will be included in the proposed prcject. ❑ Office Toilets ❑ Toilets for patrons; (lumber. Location: ❑ Showers ❑ 5oatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. r7lf-.D LSE y Pamlico County Water System c. Describe the disposal of solid waste, fish offal and trash. All trash will be removed from the site and disposed of elsewhere. Trash pick up is availabel to the homes in the subdivision. d. How will overboard discharge of sewage from boats be controlled? Tank look down rule will apply. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 0 - (ii) Give the location and number of "Pumpout Available" signs proposed. 0 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and. petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? Vessel maintenance will not be allowed at site. h. Give the number of channel markers and "No Wake" signs proposed. 0 I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a J. What will be the marina policy on overnight and live -aboard dockage? Over night and live-aboards will not be allowed. k. Describe design measures that promote boat basin flushing? The creek bottom descends naturally towards the channel. I. If this project is an expansion of an existing marina, what types of services are currently provided? n/a m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes []No r,. Is the marinaldocking facility proposed within or adjacent to any shellfish hariesting area? ❑vas ONO o. !s the manna, do -king facility proposed within or adjacent m coestai wetlands;ma h !cw- s, ^.erged aquatic, vet otan,.;,,. SAv;, shell boric, ;SE;. or other wetlands (WL)? If any boxes are checked, provide t"e numt;er o� square :e affected. JW ALcroxmately 2500 sa fl ❑SA'/ ❑SB _ ___. ❑ "41 _ __ ❑None RECEMW I,ropo^cd n arioa/ducking facility located wither; or within c1oae pra,c..:1 M ".:,• shell tasv-? ❑'ra.:; r., give the name and address of the leaseholder(s), and give the pro iMity to the lease N�V 1 2��2 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): CEiv ❑Commercial ❑PublidGovernment ❑Private/Community (4) Number t; ? 20 (iii) Length _ (iv) Width Note: Roofed areas are calculated from amine dimensions. T)C&T MHDi,M3F. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number _ (h) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c, Distance to be placed beyond shoreline __ Note: This should be measured from marsh edge, if present. L. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structure(s) to adjacent riparian property lines 29 to the North and 15' to the South. Note., For buoy or m.ccring piling, use arc of swing ircladirg length of vessel. c. Width of water body 345' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 102' from the dock to the South and approximately 350' from the dock to the North. d. Vlater depth at waterward end of structure at NLiAl or N?P/L 4' 8. OTHER ❑This section not applicable a. Give complete description: Penso Trust Co. proposes a docking facility to provide wet slip storage to property owners that do not own waterfront property. The proposal includes the construction of a 5'x70' with a SM' T-Platform. Four 4'xl6' finger piers will also be constructed. A Dry Hydrant will also be installaed in accordance with the Pamlico County Land Use Plan. October 22, 2012 Date Bayview Estates Community Dock Project Name - Brandi Prescott Robertson Applicant Name - Applicant Signature-)' DMf to N.C. DIVISION Of COASTAL MANAGc1MEN7 AGENT AUTHORJZATlC FORM Date _ I 9— 11 L. _ Name of Properly Owner Applying for Permit: Yr Y� SC ( I YU + i i7 ti S l _ -"� R CenEo Mailing Address: NOV 0 } yl 4 �q I F, 7 2—'Y'AVe P(nnjr. inn 1=L 35DI I DCU-MHDCnY I certify that I have authorized (agent) r a 5A M Q41 Y1c. C 1a l S+. to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to Install or construct (activity) (.l 10 `�iII2 W /.I V 1 Y ILL at (my property located at) An Yl a Lu i e M e V i' A HE This certification is; alid-tkrru (date) -Dec Property Owner Signature /I I Date Penso Trust Co. Sayvie:•: EslaLes Commur Scale 1"=62' Oclot;er 22, 201- Paac 1 of 2 Dra:vinas by Grandi P. RobeQsc. Ball Creek �`. �C�IUd3iS z.. OCT 23 2012 Penso Trust Co. Bayview Estates Community Dock Scale 1"= 15' September 11, 2012 Page 2 of 2 Drawings by Brandi P. Robertson TO T-Pladonn 4'x16' Finger 5'x70' Concrete Decking Pier slip Ski Fingei Slip Slip NWL Shoreline — r, ., Pier s� a, _ Creek BOKpm , ' Coastal Wetlands-----� _l. Tie Piling -2- 8" Tie _. Piling -3' -3' 6 -4' C7 Z v M111111111111111 Doe ID: 002189990CDe T11,: CRP Recorded: O'f/2e/2G;2 at 02: 19:09 PI! Fee Mt: tee.pp P.9e 1 of + Revenue Tax: fBe.:r P"11C., W Lynn N. L5v13 sec..,'.,, of Dead$ 9K569 PD817-820 STATE OF NORTH CAROLINA REVENUE STAMPS COUNTY OF PAMLICO """"/��/� THIS DEED, Made and entered into this _ day of July, 2012, by and between CABIN MEMORIES, INC., a North Carolina corporation, whose address is 107 Nanticoke Court, Chocowinity, NC 27817, party of the first part, and PENSCO TRUST COMPANY CUSTODIAN FBO CARSTEN D. EVANS IRA, whose address is 560 Mission Street, Suite 1300, San Francisco, CA 94105-2907, party of the second part; W I Tjq@gWET}j : That the said party of the first part, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable considerations to it in hand paid, by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell and convey unto the said party of the second part, its successors and assigns, that certain tract or parcel of land lying and being in Number Three (3) Township, Pamlico County, State of North Carolina, and being more particularly described as follows: Lying and being in Number Three (3) Township, Pamlico County, North Carolina, and more particularly described as follows: . WPM en F '.. 1 a9 NOV 01 2012 Book: 569 Page: 817 eeq: 1 ALL of that certain tract or parcel of land identified by the legend: -Boat Access" as the same is shown on that map prepared by Matthew's Surveying, dated March 16, 1993, and identified by the following legend: "Final Map Of Bayview Estates Phase II." This map is of record in Plat Cabinet $ A, Slide 77-4 Pamlico County Registry, and further 8 reference is hereby made to said map for a more complete ,', and accurate description of this property. This property will be conveyed subject to the terms and g provisions of the Declaration of Restrictive Covenants recorded in Book 264, Page 157, Pamlico County Registry, the Street Disclosure Statement recorded in Book 264, Page 's 925, Pamlico County Registry, and an Easement Deed from 5 Cabin Memories, Inc. to Sandra M. Netting at al recorded `< -in Book 538, Page 16, Pamlico County Registry. w The property- heretofore described is a portion of the property conveyed in that deed of record in Book 535, Page 401, Pamlico County Registry. z gThis property does ( ) does not (X) contain the principal residence of the grantor. TO HAVE AND TO HOLD the aforesaid tract or parcel of land together with all the rights, privileges and appurtenances thereunto belonging unto it, the said party of the second part, its successors and assigns, in fee simple forever. And the said party of the first part, covenants to and with the said party of the second part, its successors and assigns, that it is seized of said premises in fee and has a lawful right to convey the same in fee simple; that the same is free and clear of rICW PB 817 M 2d4 Book: 569 Page: 817 eeq: S all encumbrances, and that it hereby warrants and will forever defend the title to the same against the lawful claims of all persons whomsoever. i IN TESTIMONY WHEREOF, CABIN MEMORIES, INC. a North Carolina corporation, has caused this instrument to be signed in t its name by Stephen C. Atkins, Sr., its President, all by authority duly given, this the day and year first above written. CABIN MEMORIES, INC. BY: ��4J (SEAL) Step en C. Atkins, Sr., President w. ua Pw. en a.o.a d, Nov 01 2012 DMmMCny Book: 569 Page: 817 Seq: 3 STATE OF NORT,HCAROLINA COUNTY OFRTdblld`. I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that Stephen C. Atkins, Sr. personally appeared before me this day and acknowledged that he is 0 president of Cabin Memories, Inc. and acknowledged, on behalf of 3 Cabin Memories, Inc., and by authority duly given, the due 5 r execution of the foregoing instrument for the purposes therein Rexpressed' and that said instrument is the act and deed of the company. 1I Witness my hand and notarial seal this--b�--`— day of July, ,2012. ' Notary P lic Imy Commission Expires: auy e ssee r.e.: 817 r,w, w, Hook: 569 Page: 817 8eq: 4 0 C- Huggett, Doug From: Vinson, Scott Sent: Thursday, November 15, 2012 5:08 PM To: Huggett, Doug Subject: Pensco Trust Co. 10 slip community docking Doug, sorry for being a day or two late here, but just wanted to let you know that I have no problems with the proposed development, but I'm going to most likely require Pensco Trust to get a State SW permit for the upland development of any parking, walk's and drives associated with the docking. They don't show any such development, but it seems that they will need it eventually to access the slips. I'll copy you on the letter I'm going to send them. Thanks, Scott SCOTT VINSON NCDENR-DWQ 943 WASHINGTON SQUARE MALL WASHINGTON, NC 27889 OFFICE:(252) 546-6481 DIRECT:(252) 948-3848 Before printing this email, please consider your budget and the environment. *E-mail 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. ANA NCDERR North Carolina Department of Environment and Natural I?esou Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director October 24, 2012 MEMORANDUM: OCT 2 6 2012 IMF -HABITAT PROTECTION Dee Freeman NOV 15 2012 TO: Anne Deaton — E-MAILED Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Pensco-Trust Company — LjQ IAVQ r t}' Project Location: Pamlico, County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposed Project: Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed, This agency hasx1corrimenton,theproposedproject. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED } DATE j,1 bo72- � - Illigfl�. 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net INTO tthCly o ii An Equal Opportunity) Aflirmallve Action Employer lL(•�tL iY {� AM RDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman Governor Director Secretary TO: Doug Huggett THROUGH: Anne Deaton FROM: Kevin Hart KN DATE: November 7, 2012 SUBJECT: CAMA- Pensco Trust Company, Bayview Estates, Pamlico County The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject project are offered pursuant to G.S. 113-131. The applicant is proposing to construct a 10 slip docking facility in Ball Creek (PNA, SA, HQW, and Nutrient Sensitive Waters). The facility will consist of a 5' wide by 70' long main pier terminating with a 5' wide by 70' long T-head. The facility will utilize four finger piers (each 4' by 16') and 19 independent tie pilings. The slips are intended for 20' long boats and will be in water>-2'8" NWL. In addition the applicant proposes maintaining the coastal marsh along the walkway, 10' wide on each side and underneath the walkway. Ball Creek is a highly productive PNA for estuarine species, specifically white shrimp. The area is closed to shellfishing. At this time no dredging is requested. If the applicant modifies the permit and requests that dredging be allowed the NCDMF would have to review the permit application, but the NCDMF objects to new dredging within PNAs and DCM rules prohibit new dredging in PNAs. If the docks are permitted, the applicant should perform all in -water work outside of the April 1 to September 30 moratorium to minimize impacts to juvenile and larval fishes. Elevated noise and turbidity levels have been known to have adverse impacts on spawning behavior (Deaton et al. 2010). Working outside of this period and limiting scouring would minimize the impacts to these fishes and invertebrates in Ball Creek. Ball Creek is a heavily used crab pot fishing area. The applicant needs to be aware of potential future user conflicts between the users of the slips and the fishermen. The applicant should work with the fishermen of the area to minimize the interactions between the users of the basin and the fishermen. The wetlands are important habitats in PNAs as they the base of the foodweb providing nutrients to developing larval fishes (Deaton et al. 2010). The applicant has proposed mowing the coastal wetlands at around the walkway to have easy access to maintain the walkway. NCDMF requests that the applicant minimizes the mowing by reducing the width of mowing and follows the guidelines as described the in the CRC rules. The NCDMF appreciates the opportunity to review and comment on this project. If you have any comments or questions, please call me at (252) 948-3878 or email me at Kevin.IIartli ncdenr.gov . Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 617 pages. AA_ 1ft1t R North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director 0 RECEIVED c• 12. 10.3D.D3 NOV 19 2012 Dcns-nnmcm• October 24, 2012 f MEMORANDUM: a OCT 2012 TO: Maria Dunn Rom' EIVED NC Wildlife Resources Commission i ` 12 P� FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Pensco Trust Company Dee Freeman Secretary Project Location: Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposed Project: Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. / This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. �� 1 t yo)whn 11-13-?012- 400oGerceNEIa� DATE Phone: 252-808-28081 FAX: 252-247-3 30 Internet: www,nocoastalmanagement.net NorthCarolina An Equal Opportunity l Affinnalive Aclion Employer Na&ra!!ff 4, ND v 19 2011 ncMMnDCrJ-r 9 North Carolina Wildlife Resources Commission Gordon S. Myers, Executive Director lul u 1 ' t -'1 TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources �'JA.nG�Anr'1 FROM: Maria T. Dunn, Northeast Coastal Region Coordinator Habitat Conservation Program DATE: November 13, 2012 SUBJECT: CAMA Dredge/Fill Permit Application for Pensco Trust Company, Pamlico County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision off of Florence Road near Merritt, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a 10-shp docking facility for the private use of interior lot owners. The T-head structure will cross coastal wetlands with a 5' by 70' spine and a 5' by 70' docking platform. Two forger piers will be placed on the spine and two more on the docking platform. Nineteen tie pilings are associated with the structure. Water depths in the slip area range between -2.5' to -5' NWL. Ball Creek is classified SA HQW NSW by the Environmental Management Commission, is subject to the Neuse Basin Buffer Rules and is designated a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries. The NCWRC has reviewed the permit application and has some concern with the project design. We understand as part of the management of this facility, the applicant proposes to "mow" a 15' area of Spartina cynosuroides on either side of the structure that crosses coastal wetlands. This area provides important habitat opportunities for wading birds, fresh water reptiles, and various resident and migratory aquatic species. In addition to its habitat function, coastal wetlands provide important filtration of runoff pollutants, especially if parking is ever associated with the facility. Since the applicant will have a structure to traverse the coastal wetlands, we recommend coastal wetland alteration not be allowed This follows guidelines provided in 15A NCAC 07H .025 (e) (1), listed below: Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 i CMDF Pensco Trost 2 November 13, 2012 (A) Coastal wetlands may be mowed or cut to a height of no less than two feet, as measured from the coastal wetland substrate, at any time and at any frequency REC�„� throughout the year; _ ��D (B) Coastal wetlands may be mowed or cut to a height of no less than six inches, as Nov ] 9 2012 measured from the coastal wetland substrate, once between each December 1 and March 31; (C) Alteration of the substrate is not allowed; (D) All cuttings/clippings shall remain in place as they fall; (E) Coastal wetlands may be mowed or cut to a height of no less than six inches, as measured from the coastal wetland substrate, to create an access path four feet wide or less on waterfront lots without a pier access; and (F) Coastal wetlands may be mowed or cut by utility companies as necessary to maintain utility easements. if it is determined coastal wetland alteration can be allowed, the distance on either side of the structure should be significantly reduced. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916. 4 D6- w NCUM North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director November 20, 2012 Dee Freeman Secretary Pender.County John Benson THIS IS NOT DWQ Project#: 12 1030 2709 Deerfield Lane RECEMED Wilson, NC27893 C MA PERMIT Subject Property: 133 BorykAve, Topsail NOV Q 6 �012 NO WRITTEN CONCURRENCE NEEDED ' Dear Mr. Benson: DCM--Mlle Cny You have our approval, in accordance with the attached conditions; to install a fixed elevated finger pier and two jet ski lifts to your existing docking facility, as described in your CAMA application dated November 6, 2012 and received by the Division of Water Quality (DWQ) in the Wilmington Regional Office (WiRO) on November 6, 2012. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as the conditions of the General Water Quality Certification Number 3883 (GC3883) are met. This Certification allows you to use the Regional General Permit # 198700056 when issued by the US Army Corps of Engineers and your permit when issued by the Division of Coastal Management. This approval is only valid for the purpose and design that is described in your application. The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit. 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 these Certifications and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide/General Permits expire or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed on the next below. Conditions of Certification: 1) Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the work included in the 401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of Water Quality. 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity1 Alfirmafive Action Employer — 50% Recycled 110%Posl Consumer Paper NorthCarolina Nahmally John Benson DWQ Project # 12 1030 November 20, 2012 Page 2 of 3 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Mr. William Carey, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This certification and its conditions are final and binding unless you ask for a hearing. 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 in the Central Office in Raleigh at 919.807.6360 or Joanne Steenhuis in the DWQ Wilmington Regional Office at 910.796.7306. Senior Environmental Specialist Enclosures GC 3883 Certification of Completion John Benson DWQ Project # 12 1030 November 20, 2012 Page 3 of 3 cc: Hal Fogleman — Allied Marine Contractors, LLC Karen Higgins - DWQ 401 Oversight Unit David Timpy - Corps of Engineers Wilmington Doug Huggett - DCM Morehead City Jason Dail — DCM Morehead City WiRO 0,�_ Beverly Eaves Perdue Governor October 24, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NCDENR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director Maureen Will Division of Coastal Management Doug Huggett Major Permits Processing Coordinator Natural Resources CAMA/DREDGE & FILL Permit Application Review Pensco Trust Company Dee Freeman Secretary Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agen bjects to the project for reasons d Iscribel in the attached comments. SIGNED DATE 400 Commerce Ave., Morehead City, NC 28557 OnrthCarolina Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.necoastalmanagement.nel An Equal Opportunity 1 Affinalive Action Employer Naturall Ole r CDN North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan, DCM Morehead City District Planner Date: November 1, 2012 Subject: Major Permit Request, by Pensco Trust Company to construct a 10 slip community docking facility, on property located at the end of Anna Lane in Bayview Estates Subdivision, off Florence Rd., adjacent to Ball Creek, Pamlico County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & Not in Conflict with the 2004 Pamlico County Land Use Plan as certified and amended July 27, 2012. Overview: Areas of Environmental Concern (AECs) impacted by the proposal include Public Trust Area (PTA), Estuarine Waters (EW), and Coastal Wetlands (CW). The Waters at the project site are classified as SA; HQW, NSW and are closed to the harvesting of shellfish. The area is classified a Primary Nursery Area. The Pamlico County Future Land Use Map designates the subject property as Rural with Services and the subject AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "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 in these facilities. " (Policy 1.1.2.3, Public Access Policy, pg. 5 7) "Only development associated with water -dependent uses is allowed (in estuarine waters). 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. " (Policy 2.1.1, Land Use Compatibility Policies, pg. 58) "The county supports the CAMA use standards for estuarine shorelines" (Policy 2.3.1, Land Use Compatibility Policies, pg. 59) 400 Commerce Ave., Morehead City, NC 28557-3421 One Phone: 252-808-2808\ FAX:252-247-3330 Internet: www.nccoastalmanagement.net NorthiCatroliina An Equal Opportunity\ Affinnaltve Action Employer �atuLQ`{ ff Oct.25. 2012 3:11PM Pamlico Co. No.743B _A74P04- NCDENR Wrth Carolina Department of Environment and 1Iatural Resources Division of Coastal Management 5everly Eaves Perdue Govern or October 24, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Braxton C. Davis Director Local Permit Officer Pamlico County Doug Fluggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensco Trust Company P. 1 Dee Freeman Secretary Project Location: Pamlico County, adjacent to Ball Creels at the end of Anna Lane in Bayvicw Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposed Project: Proposes to construct a 10-slip community docldngfacility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: A/ This agency has no objection to the project as proposed. his agency has no comment on the proposed project: This agency approves of the project only if the recommended changes are incorporated. See attached. This agen bje to the project for reasons described in the attached comments. SIGNED DATE 400 Comm ce Ave., MoreheW47�33O One Phone: 252 vvw.nccoastslmanagement.net NorthfCyaroliilia An Equel0P.&(dlylAlQ eACOOO Employer NaA �lk NCDENR RECEWM North Carolina Department of Environment and Natural Resources Division of Coastal Management OCT 31 2012 Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director ,\ DCM-MpDCffy Secretary October 24, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ocr ( ✓ Shellfish f 20%? w S3I7itetiC,. c'r9- Patti Fowler Shellfish Sanitation Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Pensco Trust Company Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED alkV, fb" R3A ` c�� DATE I,DQ9/U- 400 Commerce Ave., Morehead City, NC 28557 1V pne Carolina Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.ncooastalmanagement.net /� An Equal Opportunity 1 Affirmative Action Employer atu yf /i Qiill '1W AFC .*A 04r,- NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Governor Director October 24, 2012 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett RBCEWgp Major Permits Processing Coordinator Nov 13 2012 SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Project Location: Proposed Project: Pensco Trust Company DCM-MYD CrrY Dee Freeman Secretary Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding .the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �I1us 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 , zu DATE 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net NNaturally ofthiCarrollina An Equal Opportunity t Affirmative Action Employer (/ ►at u al/y NCDENR North Carolina Department of Environment and Division of Coastal Management Beverly Eaves Perdue Governor October 24, 2012 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Braxton C. Davis Director Pat McClain Division of Land Resources Doug Huggett Major Permits Processing Coordinator P Natural Resources RECEIVED NOV 15 2012 DCM-NM CITY CAMA/DREDGE & FILL Permit Application Review Pensco Trust Company Dee Freeman Secretary Pamlico County, adjacent to Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivison. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 13, 2012. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED �DATE 400 Commerce Ave., Morehead City, NC 28557 One Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net N iCa��ro/lliina An Equal Opportunity l Affimialive Action Employer WU MLL11 e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor Braxton C. Davis, Director Dee Freeman, Secretary MEMORANDUM DATE: October 23, 2012 TO: Doug Huggett THRU: Roy Brownlow FROM: Brad Connell V SUBJECT: Comments and Recommendations - CAMA Major Permit —Pensco Trust Company, Pamlico County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal shades 50 square feet of Coastal Wetlands and alters 875 square feet of high marsh. The proposed 10-slip residential docking facility incorporates 5,600 square feet of Public Trust Waters. This proposed docking facility utilizes its entire riparian property corridor; set back 15' from both adjacent riparian property lines and extending out to the '/< width of the tributary. These waters of Ball Creek are closed to shellfish harvest. This waterbody is a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) The applicant shall provide an "as -built" riparian survey to the DCM within 30 days of the completion of the construction of this docking facility; 2) The docking facility, including its platforms, finger piers and tie pilings, shall not extend more than '/. of the width of the waterbody, which in this case is 85 feet waterward of the shoreline at the normal water level; 3) The Coastal Wetlands AEC mowing activity shall not impact the wetland substrate, shall not cut the vegetation height to less than six inches tall, and all cuttings/clippings shall remain in place as they fall; 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.ncooastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Pensco Trust Company October 23, 2012 Page 2 of 3 4) Any development or land -disturbing activity that is considered non -water dependent is not authorized within 50 feet of the normal water level or coastal wetlands unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development; 5) Prior to construction of any new boat slips or other docking facilities under this permit, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S. 146-12(e); 6) Any portion of the permitted access pier and docking facilities built over coastal wetlands must not exceed six feet in width and must be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking; 7) This permit authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft; 8) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this public boating access facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification; 9) The piers 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, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge; 10) In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters; 11)No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina. Any sewage discharge at the marina 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. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. V Pensco Trust Company October 23, 2012 Page 3 of 3 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: This permit does not convey any rights, either in real estate or material. NOTE: Should either adjacent property be sold prior to the initiation of construction, the pemrittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. CC: Roy Brownlow, DCM Braxton Davis, DCM o'�- Beverly Eaves Perdue Governor MEMORANDUM: AMA�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Thomas A. Reeder Director November 5, 2012 To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Joey White, Environmental Specialist, PWSSANaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: Pensco Trust Company Dee Freeman Secretary RECMM NOV 0 8 2012 DM-MHD crry Project Location: Pamlico County, adjacent Ball Creek at the end of Anna Lane in Bayview Estates Subdivision, off of Florence Rd., near the community of Merritt. Proposed Project: Proposes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates Subdivision. 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: Contractors should be aware of utility locations during entrance and egress from the project area. Please contact the Pamlico County Water Department to assist with the location of existing water mains in or near the project area. SIGNED �''� �`�, DATE lj Public Water Supply Section — Jessica C. Godreau, Chief 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 Phone: 919-707-91001 \ FAX: 919-715 4374 \ Lab Form FAX: 919-715-6637 \ Internet: ncwater.org/pws An Equal opportunity 1 Alfirmative Action Employer NorthCarolina ;Vaturallty Govoni, Daniel From: Wheeler, Tracey L SAW [Tracey.L.Wheeler@usace.army.mill Sent: Tuesday, January 15, 2013 10:43.AM To: Govoni, Daniel Subject: Pensco Trust (UNCLASSIFIED) Attachments: Pensco Trust FORMCL3I.DCM.pdf; GP80-0291signed. pdf Classification: UNCLASSIFIED Caveats: NONE Daniel, The U.S. Army Corps of Engineers, Wilmington District has authorized Pensco Trust, LLC to construct a 10-slip docking facility for a residential development located adjacent to Ball Creek at the southeast end of Anna Lane in the Bayview Estates Subdivision off of Florence Road in Merritt, Pamlico County, North Carolina. This authorization was issued via Programatic General Permit 198000291 CAMA (NC Coastal Area Management Act). All terms and conditions of this permit apply. Please add the following conditions: 1) 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. 2) 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. SAW-2012-01744 Tracey L. Wheeler Regulatory Project Manager U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, North Carolina 27889 (910) 251-4627 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 our website at htta://regulatory.usacesurvey.com/ to complete the survey online. Classification: UNCLASSIFIED Caveats: NONE 1 DCM Coordinator: Permit MAILING DISTRIBUTION SHEET Permitee: f;z ,s ro . Agents: %• plwe_o� �lA/�ix�( (� 7 � •� DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Dave Timpy Cultural Resources: Renee Gledhill -Early �- Public Water Supply: Debra Benoy (WIRO) Joey White (WARD) �— Marine Fisheries: Anne Deaton � NC DOT: Ken Pace i Shellfish Sanitation: Patti Fowler i State Property: June Michaux � Water Quality: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Amy Adams — Al Hodge Kyle Barnes Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: Maria Dunn (WARD) Molly Ellwood (WIRO) LPO: Fax Distribution: Permitee #: Agent #:_ ?f A Q��r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor Braxton C. Davis, Director Dee Freeman, Secretary October 23, 2012 The Pamlico News. Legal Advertisement Section P.O. Box 510 Oriental, N.C. 28571 Re: Public Notice — Pensco Trust Company docking facility Dear Sir: Please publish the attached Notice in the October 31, 2012 issue of the Pamlico News. 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 Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252).808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Doug Huggett Ted Tyndall (c/o Braxton Davis) Roy Brownlow NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor Braxton C. Davis, Director Dee Freeman, Secretary NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENTPERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 22, 2012. According to said application, Pensco Trust Company at Bayview Estates subdivision proposes to construct a 10-slip community docking facility in Ball Creek at the end of Anna Lane, off of Florence Road, near Merritt. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to November 26, 2012, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: October 31, 2012 r. Fax Send Report Date/Time OCT-23-2012 10:57AM TUE Fax Number Fax Name DCM MHDCTY Model Name SCX-5x30 Series No. Name/Number StartTime Time Mode Page Result 823 92490857 10-23 10:56AM 00'33 ECM 002/002 O.K nro re aw I:leryva aseald su04s-nb,(ue army 'sMaN mlluwd aylJo aysl ZIUZ'IC Z 10Z'C. JJyomp u..,.q Foy (soup -M—G op) Ipp�l W I. am"Puy i�11RIV%Lday lViWaeaVBW IBy � }✓I V.S HIV /'aJ� 4 lo}q, pp9yp� nuew slyl ul »vnsnsa mol no64ue4C al'GSSBI eulloavJ W.N'AD "w'.W IQ JN `ma!P9S--4 m aa!0su! IRUgpo s-yl pvm aseyd '3ms4aanpR ladods.x-u lo} l0-4l ul»!ION p-4-mu alp Wlgy —Id ,S reap .(uvdwo� vJul oavad—»OoN Nppld :ay ILfeZ'JN'Imuapp M x0g'O'd uonxS luom-s Vv1-3-T sxaN m4v -ILL !Ms ..A as4 +o1Jup'si ]mldB wma0'>^sae va^a3lua.ag WeureB- W lel W uggnl0 e n4say lWMEN pue Iuawuunnu3 oluawyed90 NfIOJe0 PON Major Permit Fee Schedule Circle One DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) H. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 - (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial ' development, if General Water Quality Certification No. 3490 (See attached) can be applied: $400 100% ($400) - 0% ($0) ll(C). If General Water Quality Certification No. 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: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 3490 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: 1 $475 1 60% ($285) 40% ($190) 13RANDI P. ROBERTSON P.O. BOX 31 252-249-0149 ARAPAHOE,NC 28510 66-8453/2Ml 1948 DATE you: ,r , ✓✓ ✓`- DOLLARS LJ �.... LG&ECU LOCAL GOVERNMENT Ny FLUERAI P.IE DIT UN ION GW. NC +:253laa45371:0i10097i034uN i948 #qoc, . o- # /, act ,t M RECEIVED OCl 0 3 2012 DCM-11 1D MY F-11CDENR North Carolina Department of Environment and Division of Coastal Pdarlagement Beverly Eaves Ferdl:e Braxton C. Davis Governor Director October 23, 2012 Pensco Trust Company c/o Mr. Carsten Evans 891 SW 72"d Avenue Plantation, FL 33317 Dear Mr. Evans: (Natural Resources Dee Freeman Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of Pensco Trust Company property located adjacent to Ball Creek at the end of Anna Lane near Merritt, Pamlico County. It was received on October 22, 2012, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 5, 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 October 22, 2012, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of- way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Acton Employer NorthCarolina Naturally An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, r ,� e7 Brad Connell Coastal Management Representative m Enclosure CC: Brandi Robertson, B. Prescott Marine Construction, LLC Ted Tyndall, Assistant Director (c/o Braxton Davis, Director) Doug Huggett, Major Permits & Federal Consistency Coordinator Roy Brownlow, District Manager 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer NorthCarolina Nahlra!!rf PROJECT: New 10-slip community docking reek at thi Laneg off of Florence Road, near Merritt, �yove��r26�MECpC v 2Of2 APPLICANT: Pensco Trust Company c/o Carsten Evans 881 8W 7 2"d Avenue P@antatoon9 FL 33317 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Brad Connei0 - ®CM 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Page 1 of 4) " Uoc I0: 002152500004 TYOe: W eecortled: OT2012 et 02:1a:W RI %Re AaY �a6.W Pe 1 o1 4 e .= Tev: /p0.00 Lyel H. NL Lynn N. Levle IMOletor 01 drade w569 P%817-820 STATE OF NORTH CAROLINA REVENUE STAMPS COUNTY OF PAMLICO THIS DEED, Made and entered into this OW day of July, 2012, by and between CABIN MEMORIES, INC., a North Carolina corporation, whose address is 107 Nanticoke Court, Chocowinity, NC 27817, party of the first part, and PENSCO TRUST COMPANY CUSTODIAN FBO CARSTEN D. EVANS IRA, whose address is 560 Mission Street, Suite 1300, San Francisco, CA 94105-2907, party of the second part; yli Tg6�€E1H {Ii That the said party of the first part, for and in 1 consideration of the sum of TEN AND N0/100 ($10.00) DOLLARS, and other good and valuable considerations to it in hand paid, by the party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does bargain, sell and convey unto the said party of the second part, its successors and assigns, that certain tract or parcel of land lying and being in Number Three (3) Township, Pamlico County, State of North Carolina, and being more particularly described as follows: Lying and being in Number Three (3) Township, Pamlico County, North Carolina, and more particularly described as follows: 2012 leY W6 .11 P Ids Book: 569 Page: 817 Seq: 1 (Page 2 Or 4) I i 0 3 2012 ALL of that certain tract or parcel of land identified by the legend: •Boat Access" as the same is shown on that map prepared by Matthew's Surveying, dated March 16, 1993, and identified by the following legend: "Final Map Of Bayview Estates Phase II.' This map is of record in Plat Cabinet A, Slide 77-4 Pamlico County Registry, and further reference is hereby made to said map for a more complete and accurate description of this property. This property will be conveyed subject to the terms and provisions of the Declaration of Restrictive Covenants recorded in Book 264, Page 157, Pamlico County Registry, the Street Disclosure Statement recorded in Book 264, Page 925, Pamlico County Registry, and an Basement Deed from Cabin Memories, Inc. to Sandra M. Netting et al recorded in Book 538, Page 16, Pamlico County Registry. The property heretofore described is a portion of the property conveyed in that deed of record in Book 535, Page 401, Pamlico County Registry. This property does ( ) does not (B) contain the principal residence of the grantor. To HAVE AND To HOLD the aforesaid tract or parcel of land together with all the rights, privileges and appurtenances thereunto belonging unto it, the said party of the second part, its successors and assigns, in fee simple forever. And the said party of the first part, covenants to and with the said party of the second part, its successors and assigns, that it is seized of said premises in fee and has a lawful right to convey the same in fee simple; that the same is free and clear of Book: 569 Page: 817 seq: 2 (Page 3 of 6) all encumbrances, and that it hereby warrants and will forever defend the title to the same against the lawful claims of all II persons whomsoever. IN TESTIMONY WHEREOF, CABIN MEMORIES, INC. a North r Carolina corporation, has caused this instrument to be signed in 0 z its name by Stephen C. Atkins, Sr., its President, all by g authority duly given, this the day and year first above written. 3 6 i CABIN MEMORIES, INC. BY: PRES (SEAL) Step en C. Atkins, Sr., President ew. uc np.. en vp.a a. Book: 569 Page: $17 seq: 3 (Page 4 of 4) STATE OF NORRTTH„CAROLINA COUNTY OF �{j�(/�d,_ I, the undersigned Notary Public of the County and State $ aforesaid, do hereby certify that Stephen C. Atkins, Sr. � personally appeared before me this day and acknowledged that he is a s president of Cabin Memories, Inc. and acknowledged, on behalf of Cabin Memories, Inc., and by authority duly given, the due 5 `< execution of the foregoing instrument for the purposes therein expressed and that said instrument is the act and deed of the company. witness my hand and notarial seal this —62�L day of d July, 2012. Notary Public My Commission Expires: O Boy_YY Vq,. 01] Vpa, c,1 Hook: 569 Page: 817 eeq: 4 MINOWNr ***This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: Pensoo Trust Company Date: 10/8/2012 Project Site County: Pamlico Staff: Brad Connell District: Elizabeth City Washington ®Morehead City []Wilmington Project Name: Bayview Estates Date application "received as complete' in the Field office (FCC: 1/8/2007): 1(,�p7y� ' Permit Authorization: ®CAMA ElDredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: MYes No Photos Taken: Yes No® Setback Required (riparian): MYes 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 ZNo Not Sure Temporary Impacts: Yes SNo Sandbags: Yes No ❑ Not Sure Did the land use classification come from county LUP: ®Yes []No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: Yes No ❑NA Environmental Assessment Done: ❑Yes []No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ® Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ® (SY) Sall reed grass (Spartina altemiffora) cynosuroides) El (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - 10 II. Public or commercial/no dredge $100 and/or fill - $400 El I. Pmrate no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1.88"RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) r Applicant: Pensco Trust Company Date: 10/8/12 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Pier 1 New Work Replace 70' S' Maint ❑ ❑ Y ®N Platform 1 New Work Replace 79 5' Maint ❑ ❑ Y ON Finger piers 4 New Work Replace 18' 4' Maint ❑ ❑ Y ON Boat slips 10 New Work Replace Maint ❑ ❑ Y ON Tie pillings 19 New Work Replace Maint ❑ ❑ Y ON New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace i=d Maint ❑ ❑ Y ❑ N revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Pensoo Trust Company Date: 10/8/12 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. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount OW Dredge ❑ Fill ❑ Both ❑ Other ® 5,600 ft2 5,600 ft2 HM Dredge ❑ Fill ❑ Both ❑ Other ® 50 f' 50 ft2 HM Dredge ❑ Fill ❑ Both ❑ Other ® 875 ft 875 fly Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaeement.net revised: 02/15/10 I DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Pensco Trust Company 2. LOCATION OF PROJECT SITE: The project is located adjacent to Ball Creek at the end of Anna Lane in the Bayview Estates Subdivision, off of Florence Road, near Merritt, Pamlico County. Photo Index — 2006: 82-8269, grids 0-2; 2000: 82-971, grids I-4. State Plane Coordinates - X: 824729.769 Y: 157759.330 Longitude: -076 38 18.97 Latitude: 35 08 56.71 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Re Visit — 3/6/11 Was Ap 'cant Present No PhotosT en —No { -_ 5. PROCESSING PROCEDURE: Application R ceived — cc: 10/3/12 Office - MHC 6. SITE DESCRIPTION: � (A) Local Land Use Plan — 2005 Pamlico Co un (01/28/05) Land Classification from LUP — Rural with ces (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — None Planned -None (F) Type of Development: Existing — none Planned - 10-slip community ocking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water 906 ft2 shaded 5,600 ft2 incorp ,(B)Coastal Wetlands 50 ft2 shaded ftZ altered (E) Total Area Disturbed: 6,525 ft (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW, NSW Open: No (II) Cultural Resources: unknown 8. Project Summary: The applicant wishes to construct a 10-slip community docking facility for the private use of interior lot owners of the Bayview Estates subdivision, Pamlico County. rU 10. Field Investigation Report: Pensco Trust Company Narrative Description: The property is located near Merritt in the Bayview Estates subdivision, off of Florence Road in Pamlico County. The property is at the end of Anna Lane on the "Boat Access" 1 . This site is undeveloped. The lot is 0.4 acres. The adjacent tract to the north is a developed resid tial lot within the subdivision, and the adjacent lot to the south undevelope fowfC4 y The elevation of the high groan o the parce about +5.5' above the normal water level (nwl). Vegetation on the lot mainly co is of Co W ands, pine trees, and lawn grasses. This lot has approximately 100' of cantin shoreline ong Ball Creek. Immediate offshore water depths adjacent to the lot range from It —I' to —5' awl. The subaqueous substrate is firm without shell. r�r. 3Lo� 325 This waterbody is abou 35 eet a ss at this location. These waters are classified as a Primary Nursery Area and there of any stxmerged aquatic v eyatifan prise T�►is area is closed to shellfish harvest and is classified as SA, QW, Nutrintiensitive Zqt rs, ere is not a defined Federal Channel in this area. This project a is subjeLto the Neuse River Riparian Buffer Rules. Proposed Development The applicant wishes to construct a new 10-slip coil) near Merritt. The proposed development will take 1 Road. The applicant also wishes to alter the Coastal wide and 35' long path from the high and down to facility. ?A° tyh 4 ty docking facility adjacent to Ball Creek at the end of a Lane, o f Florence ids C by utting d maintaining a 25' for ine at the site of the proposed docking The main access pier will traverse the Coas Wetlands C heading in an easterly direction. It is proposed to be 5' wide and 70' long. At the waterward term us of the main access pier, there will be a perpendicular "T' platform. This proposed fixed pl. will be 5' wide and 70' long. The docking facility will utilize four finger piers and 19 indepen nt tie pilin o support ten boat slips. The proposed finger piers will be 4' wide and 16' long. Each s ' will b 5' wide and 20' long. This docking facility will extend approximately 70' offshore. The ro ed boat slips will be in water depths ranging from -2.5' to -5' nwl. 1 s�Q �.csw, W o ANY 10. Anticipated Impacts: yc 4-0^ M A44 ? (,( SA lam^ A C. e docking facility will not pose a hazard to navigation because it will ess than ''/< of the width of e waterbody. The tie pilings will be greater than 15' from both of the jacent riparian property . lines. This proposed community king facility will usurp 5,600 ftof Public Trust Waters. The ac ier will shade approx' �0 ft� of Coastal Wetlands. The proposed Coastal Wetlands teratio will impact 875 fl o i ordgrass. 5 �Lt S�9n rc d ajnoS �1J«le�S r (ulAw Traditional marine construcigon methodology will be utilized d ' g the construction of this private/community docking facility. Construction impacts are of antici d. The al era n of the Coastal Wetlands AEC will be giaintained f li ro' ct W; tl 4A&ti Gym �t 0 XX Brad Connell October 8, 2012 Morehead City r� Field Investigation Report: Pensco Trust Company Pace 3 This project area is subject to the Neuse Vver Riparian Buffer Rules. Water depths within the proposed boat slips are deep enough to pr ent scouring of the shallow bottom habitat. These waters of Ball Creek are classified as a Pri Nursery Area and there is not any submerged aquatic vegetation present. This area is clos to shellfish harvest and is classified as SA; HQW, Nutrient Sensitive Waters. There is not a de ed Federal Channel in this area. � t :�1®, Brad Connell October 8, 2012 Morehead City NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor Braxton C. Davis, Director Dee Freeman, Secretary DATE: October 8, 201( TO: Doug Huggett THRU: Roy Brownlow FROM: Brad SUBJECT: Comments Pamlico Q The following is my assessrr proposal: This proposal shau high marsh. The proposed 1 Public Trust Waters.. 112 MEMORANDUP — r t Recommendations - CA' aYlZe L —� 3O r�Y 3rs and consequent rec, / 50 square feet of Cc,._ _ %tt il t z, k residential docking facility incorpu,.,-- _ These waters of Ball Creek are close o shellfish harvest. This waterbody is a Primary Nursery Area. This proposal will not pose a d thallo navigation. Assuming that state and federal agencies concur with the proposal., I reco end the project be th ed as proposed, contingent upon the following condit ous: C c �"PF� Pcee �o' w�� 5 ��,y k�1 Any development or land disturbing a bity that is considered non -water dependent is RfG1r'vr1 not authorized within 50 feet of the n water level or coastal wetlands unless specifically exempted by Environments anagement Commission (EMC) Neuse River buffer regulations in place at the time such development; 3e tv C7 � (54 �C Diy,gW3s6� �4zx'(, Le �0 4ctc,4-tA 2) Prior to construction of any new boat slips or olker facilities under this permit, the permittee must apply for and receive an Tasement from the Department of Administration's State Property Office as required ulkder N.C.G.S. 146-12(e); 3) Any portion of the permitted access pier and docking f ilities built over coastal wetlands must not exceed six feet in width and must be elevated a um of three feet over the wetland substrate as measured from the bottom of the deck na: 4) This permit authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft; 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper Pensco Trust Company October 8, 2012 Page 2 of 2 5) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this public boating access facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification; 6) The piers 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, which is determined by drawing a line parallel to the channel, then drawing a A7--rp line perpendicular to the channel line that intersects with the shore at the point where the r , upland property line meets the ater's edge; /y 7) In order to protect water quality, off from the construction must not visibly increase G/f Odt the amount of suspended sedimen in adjacent waters; 0 8) No sewage, whether treated or untr ted, shall be discharged at any time from any boats Q/ 1 using the marina. Any sewage disc ge at the marina shall be considered a violation of this permit for which the permittee is sponsible. This prohibition shall be applied and Ilac�o ' enforced throughout the entire existence f the permitted structure. NA A_ NOTE: It is strongly recommended that the ermittee exercise all available precautions in v� n the day-to-day operation of the facili to prevent facility waste from entering the adjacent waters. Such discharge, eith directly or indirectly, to adjacent waters could contravene state water quality stan ds, thereby violating state law. NOTE: This permit does not eliminate the need to Xbtain any additional state, federal or local permits, approvals or authorizations that ay be required. NOTE: This permit does not convey any rights, either inXeal estate or material. NOTE: Should either adjacent property be sold prior to thtiation of construction, the permittee shall be required to obtain a signed riparilm corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. CC: Roy Brownlow, DCM ^ 7 Braxton Davis, DCM V r fflaryv NCDENR North Carolina Department of Environment and Division of Coastal Management Beverly Eaves Perdue Governor October 8, 2012 Pensco Trust Company c/o Mr. Carsten Evans 891 SW 72"d Avenue Plantation, FL 33317 Dear Mr. Evans: Braxton C. Davis Director The NC Division of Coastal Management hereby Vkno, for development of Pensco Trust Company propertkioc near Merritt, Pamlico County. It was received on Octake this time. The projected deadline for making a decisio period is provided by law when such time is necessary to a final action by the initial deadline stated above, you she circumstances, this letter will serve as your notice of an c provided on or about the 75th day. Natural Resources Dee Freeman Secretary ledges receipt of your application for State approval ted adjacent to Ball Creek at the end of Anna Lane 3, 2012, and appears to be adequate for processing at s December 18, 2012. An additional 75-day review ete the review. If you have not been notified of consider the review period extended. Under those to d review. However, an additional letter will be If this agency does not render a permit decision within 70 days from tober 3, 2012, you may request a meeting with the Director of the Division of Coastal Management an it staff to discuss the status of your project. Such a meeting will be held within five working days from the ceipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the to tic development. Enclosed you will find a "Notice of Permit Filing" postcard wht property of your proposed development. You should post this notice at a conspt property where it can be observed from a public road. Some examples would be: telephone pole or tree along the road right-of-way fronting your property, or at a way where a private road would lead one into your property. Failure to post this incomplete application. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastaimanagement.net An Equal Opiwlunity 1 AfimuEve Action En*yw in of the proposed must be posted at the ous point along your ailing the notice card to a At along the road right -of - not could result in an An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Brad Conn Coastal M ement Representative la Enclosure CC: Brandi Robertson, B. Prescott Marine Construction, LLC Ted Tyndall, Assistant Director (c/o Braxton Davis, Director) Doug Huggett, Major Permits & Federal Consistency Coordinator Roy Brownlow, District Manager 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-2473330 Internet: www.ncooastaimanagement.net An Equal Opportunity \ Affirmative Action Employer '77,E73 NorthCarolina ;Vatura!!y NoTI(01$170A PROJECT: New 10-sli PERMIT ?D F R munity dockim facility adjacent to Ball Cre Lane. off of Florence Road. n at the end of Ann tt. COMMENTS ACCEPTED THROUGH _ NO APPLICANT: Pensco Trust Company c/o Carsten Evans 891 SW 72"d Avenue Plantation, FL 33317 7, 2012 FOR MORE DETAIL ONTACT THE LOCAL PERMIT 0 CER BELOW: Brad Connell - D 400 Commerce Avenu Morehead City, NC 2855 (252)808-2808 Affl:�-�WA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue, Governor The Pamlico News Legal Advertisement Section P.O. Box 510 Oriental, N.C. 28571 Division of Coastal Management Braxton C. Davis, Director Re: Public Notice — Bayview Estates docking facility Dear Sir: Dee Freeman, Secretary Please publish the attached Notice in the October 1/, 2012 issue of the Pamlico News. The State Office of Budget and Management for newspaper advertising. Please send the e original invoice to Arthur Stadiem, NC D Morehead City, North Carolina 28557, To Thank you for your assistance in this Morehead City office. Sincerely, �Fuictl-j Brad Connell Coastal Management Enclosure cc: Doug Huggett Ted Tyndall (c/o Br n Davis) Roy Brownlow October 8, 2012 s an original Affidavit of Publication prior to payment it, an original copy of the published notice, and an of Coastal Management, 400 Commerce Avenue, re (252) 808-2808. If you should have any questions, please contact me at our r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue, Governor Braxton C. Davis, Director Dege Freeman, Secretary NOTICE OF FILING OF APPLICATION FOR CAMA MA DEVELOPMENT PERMIT The Department of Environment and Natural Resource hereby gives public notice as required by NCGS 113A-119(b) that application for a development ppiinit in an Area of Environmental Concern as designated under the CAMA was received on Octoberr2012. According to said application, Pensco Trust Company at Bayview Estates subdivision Creek at the end of Anna Lane, off of Flo examined or copied at the office of Bra Commerce Avenue, Morehead City, Nf), Comments mailed to Avenue, Morehead City, N.C. decision. Later comments modification may occur the permit decision in this construct a 10-slip community docking facility in Ball near Merritt. A copy of the entire application may be NC Division of Coastal Management, located at 400 (252) 808-2808 during normal business hours. C. Davis, Director, Division of Coastal Management, 400 Commerce prior to November 7, 2012, will be considered in making the permit be accepted and considered up to the time of permit decision. Project review and comment by the public and state and federal agencies. Notice of will be provided upon written request. PUBLISHED ON: O/tober 17, 2012 Fax Send Report Date/Time = OCT-08-2012 02:47PM MON Fax Number Fax Name = DCM MHDCTY Model Name SCX-5x30 Series No. Name/Number StartTime Time Mode 808 92490857 10-08 02:46PM 00'30 ECM mo 1e aw,]elvw aseald m Pee'aMo0pgsgqvdaq,ln6dw Ipame•1, waw.ivdmm!W uoue.+g9nd30,!^vP'J3V Ru!euo vesv 's^nN wdwed ayylo aws! ZIOZ `Lt ZIOi `8 ugm0p Ielana5'uuwad ae0 ,yv W POgW �^mN PAWN Pw WOWU .anlw,we.mn (nnvp uPlxw9 op) IIuPUL1 t»d m88nH 8nop ... amsopgg ..Pwas s ivamaBewyS l .O �ylYla�^'�7'oQ/JpP�m9 'tlamu!S 'a]y10.(uJ peaya,nyq A 'mnw, s!yI w ]avrs!ssv mof,o1 no.C,pieyy Ivi •LSSU eugweJ W-W `151I3 P..W.W �U JN `waIPMS .qpV oI a]!oav! pm8p0 aqa peav avuld RuaO,anpe aaaedsmau so3 ay, gs!Ignd aseald Ms -u 8u!yaop arers3 ma!Mep—wgoN ] q�q%IP IL99Z *J'N `MM.UO 015 v0N "O'd v011aS10 !WAPV laBj --N ov!Pved aqi, ...,' d--34 eugaep lryoN Page Result O.K Penso Trust Co. Bayvlew Estates Community Doak Scale V-62' September 112012 Page 1 of 2 Drawings by Brandi P. Robertson iJzD ; 2012 D C.TY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Publ!cJGovemment ®Private/Community El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No C. (i) Dock(s) and/or pter(s) d. (i) Are Finger Piers included? ®Yes [_-]No (6) Number 1 If yes: (iii) Length 70' (n) Number 4 (iv) Width 5' (iii) Length 16' (v) Floating []Yes ®No (iv) Width 4' (v) Floating ❑Yes ®No e. (i) ArePlatforms included? ®Yes ❑No f. (i) AreBoatlift induded? ❑Yes ®No If yes: If yes: (ii) Number 1 (ii) Number — (iii) Length 70' (iii) Length — (iv) Width 5' (iv) Width — (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 10 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips) only, number of slips: 10 ❑ Dry storage; number of boats: — ❑ Boat ramp(s); number of boat ramps: — ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water, dredging for basin and/or channel ®Open water; no dredging required []Other; please describe: A k. Typical boat length: 20' m. (i) Will the facility have tie pilings? ®Yes ❑No (0) If yes number of be pilings? 19 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Recreational mixed types. 1. (i) Will the facility be open to the general public? ❑Yes ®No Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUMMARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpouk Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. Pamlico County Water System c. Describe the disposal of solid waste, fish offal and trash. All trash will be removed from the site and disposed of elsewhere. Trash pick up is availabel to the homes in the subdivision. d. How will overboard discharge of sewage from boats be controlled? Tank lock down rule will apply. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 0 (ii) Give the location and number of "Pumpout Available" signs proposed. 0 f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of7 Vessel maintenance will not be allowed at site. h. Give the number of channel markers and "No Wake" signs proposed. 0 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Over night and live-aboards will not be allowed. fi k. Describe design measures that promote boat basin flushing? The creek bottom descends naturally towards the channel. 1. If this project is an expansion of an existing marina, what types of services are currently provided? n/a m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes []NO a' A Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. SCW Approximately 2500 soft ❑SAV ❑SB ❑WL _ []None p. Is the proposed marinaidocking 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 lilts) ®This section not applicable a. (i) Is the boathouse strukxure(s): ❑Commercial ❑PubliriGovemment ❑Private/Community (ii) Number _ (iii) Length (iv) Width Note: Roofed areas are calculated from dnipline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavalion and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 1 ®This section not applicable a. Length b. Average distancMFom NHW, NWL, or wetlands c. Maximum distance beyond NNW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Form DCM MP-4 (Structures, Page 4 of 4), a. Proximity of structure(s) to adjacent riparian property lines 29' to the North and 15' to the South. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 357' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 102' from the dock to the South and approximately 350' from the dock to the North. d. Water depth at waterward end of structure at NLW or NWL 4' & OTHER [I This section not applicable a. Give complete description: The Bayview Estates Subdivision proposes a docking facility to provide wet slip storage to property owners that do not own waterfront property. The proposal includes the construction of a 5'x70' with a 5`x70' T-Platform. Four 4'xl6' finger piers will also be constructed. �I li i lip Date— I ��at l PI.0 CS7`G�P � Project Name/ 3&iie2^/I' �i� Applicant Name Applicant Signature Bayview Estates Community Dock Project Narrative: Bayview Estates Subdivision is proposing a docking facility to provide wet storage slips for property owners within the subdivision that do not own waterfront property. Specifics to the docking facility are as follows: • Pier —5'x70' • T-Platform-5'x70' • Four Finger Piers —4'x16' • 19 Mooring Pilings. The dock will be constructed of wooden pilings and bracing. Concrete "hog slats' will be used for decking. The finger piers will also be constructed of wood. Most construction will be conducted water ward of the shore. A barge equipped with an excavator with a vibrating head will drive pilings and set concrete slats. A small amount of piling installation will take place from land. Malts will be utilized in order to minimize any damage done to existing wetlands. We would also like to request a permanent maintenance easement along the walkway that will lead to the pier. We propose an easement of 25', 10' on either side of pier and 5' underneath of the decking. The easement would be trimmed to an acceptable length throughout the year. This would allow for easier access to the docking facility and protect the pier from becoming over grown with the Giant Cordgrass that currently grows on site, which has capabilities of reaching well over 6' tall. y •r• Ogys � CgH`6 RD� Pamlico Coun NNCParcel Number: K052-60 •7, NC PIN: 7501576505 Owner Name: CABIN MEMORIES INC e •o PROPERTY MAP Oer Names: Ownewnr r� Address: Owner City: 107 NANTICOKE CT CMOCOWINITY i °admina- Owner State: NC me myw , oo mrs mayareke 1—I. dd0... yaneai d t. ro.ne.wnn a.miw cTh:dAc.m.r.oempa.al Owner Zip: 27817 r` �@ • Nrpesmmmu.mca.,.na oma wram,.wr� .oee.a.m�.a..'r,,.w.,r..wrap... wW.—,uro.me..m.can.e $itI Address: ANNA LN ANNA `p•P' kra eue eue.evm, wopeM eppreoeL wwey,aror tonne �.^moon. ie,.�i ne�n nnT nrrvee noun ►i� Deed Book: 535 Deed Page: 401 Plat: PCA 77-4 Deed Acres: Land Value: 6 80000 Building Value: 0 Value: 60000 Sale Date: 20090909 Sale Price: 0 One Inch = 200 Feet n I U ) earth feet 50' �'1 meters 100 Fax Number: 252_ 2y`i -3330 To: G---f Dv ah Vl-( Date: � 1 151 i 3 Regarding: P sco l vU s Comments: B. Prescott Marine Construction PO Box 874 Oriental, NC 28571 252-24"149 (phone) 252-249-0384 (fax) bobby�orescottmarineconstruction com (email) Prvf(C+ ■ 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 cans to you. ■ Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: PcH' V /(ti / / M�b33 � c ajssc4 t— D. Is delivery address different from item 19 u v(es ff YES, enter delivery address below: ❑ No 3. Ice Type P�Cierdfied Mail ❑ Express Mall Reglstered ❑ Return Recelpt for Merchandiv ❑ Insured Mail ❑ C.O.D. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7007 1490 0002 5320 7292 (irans/el from service label) 77...... , „ . ............... UNITED STWEO:POW& SER#NGE. ,., • Sender: Please print your name, address, and ZIP+4 in this box �o tau `t ■ Complete Items 1, 2, and 3. 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