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HomeMy WebLinkAbout48-23 Newbern Jr, Thomas g,,sr4 r'A.r�.. . ., � MP-4 (Structures, Page 4 f" 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. East pier to riparian access division line-55' 35'pier end to Stoecker platform West pier to PL-6';west pier to rip. acc. div. line-5' ote: For buoy or mooring piling,use arc of swing including length of vessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NWL 105' 3.5 ft below NWL e. (i) Will navigational aids be required as a result of the project? ❑Yes IENo DNA (ii)If yes,explain what type and how they will be implemented. 8. OTHER ['This section not applicable a. Give complete description: Applicant wants to construct an open sided boathouse shelter, 28'wide by 22' long, covering the north portion of the proposed boat basin to accommodate his personal open pleasure craft and hunting boats. Shelter roof will be 28'wide dripline to dripline,Guve;riny the full width of the 28'wide beat Labin with 1-tout guttered Overhang. Rout will be 22' luny (hipline to driplinP� cnvering 71'length of the 28' Inng hnat basis with 1-font itt rM overhang Applicant renpasts more than 400 St Of roof area in order to cover width&length of boat basin safely and for coverage of his typical boat lengths. Shelter roof will be supported by minimum b( el"diameter poles and be constructed using normal construction practices. February 15, 2023 Date Thomas Newbem Project Project Name Thomas E.Newbern, Sr. Applicant Name f Applicant Signature Auth.Agent for Thomas E. Newbern, Sr. FEE 4 Ul Pc''"r"TVIN .r '.S2-808-28Oti:: -888.4RCOAST:: www.iic:coay:auenana9ement.nee revised: 12/27106 THOMAS E. NEWBERN, JR. THOMAS NEWBERN PROJECT 172 DOWDY'S BAY ROAD, GRANDY, NC27939 172 DOWDY'S BAY ROAD, GRANDY, CURRITUCK COUNTY, NC 27939 PRE-CONSTRUCTION VIEW POST-CONSTRUCTION VIEW (MINUS PIER SHELTER ROOF) i / � �y� � / WDY S BAY ROAD • 0044 pS`1rV� ` 45'R/W ASPHALT P i� ♦♦ /�♦ ♦ J �.o ♦♦ N/F �' N/F •♦ N/F �/ N/F • ♦ ANDREW JAMES LAMBERT THOMAS E. THOMAS E. ♦ r ♦ ANDREW JAMES LAMBERT (OB 893.PG.417) NEWBERN, SR- ♦ (DB 893,PG.417) ..- NEWBERN, SR. ♦♦ r (DB 340,PG.614) • �� •(DB 340.PG.514) ♦♦ / \ ♦♦ • .�•.� �..�. ♦♦ S4C) ♦♦ , �_.�� 15 ♦ gaProposed 50 Septic 9 o.0 • .' ♦ • J ♦ Ci • SEPTIC TANK s ♦•o _..� ♦♦ \ (per NOTES ♦♦ �Q�L DRAIN FIELD ♦t+D ♦ / \ � 1.PARCEL SIZE-15,524 sq.11. N/F ♦ �� ♦ 2 75'AEC COVERAGE.7,575 sq ft(48 80%) LATHY A. 2 PROPOSED PARCEL IMPERVIOUS COVERAGE=2 792 sq.2(17.99% STOECKER ♦♦• Y LATHY A. ♦♦ �� \a �� 3 PROPOSED 75'AEC IMPERVIOUS COVERAGE=2254 aq n(29 789G) ♦ ♦ ♦ • S (DB 17,PG.EOM) ♦ ♦ ♦ DB 17, O/11)) �1c� g Asa* ® \ \NHS....•....... • • �� 1,' '' „ Y 5• rn a \ V. GRASS .♦ ♦ pP \ 1: IAWN '• )•....•-• ♦ •♦ ♦♦ 9,4 USACE �D WETLANDS LINE P. ♦ ♦ a ♦ ♦♦ POTENTIAL ♦ �G \ ♦ WETLANDS ♦ T`�• ' STOECKER ♦ ♦ ♦ 34•X 57 '4•• RESIDENCE {� 4\N.' 481 ♦ STOECKER ♦ \ HOUSE \ ♦ / ,� wErLAr>os ♦♦ RESIDENCE • ♦ \ ♦ ♦ 8'WIDE x 75'LON&5 / / �!, \ ♦ GRASS Jam •••.•.....-••••• ♦ \ 37 K 37 LAWN 5 GRASE•LlNCD ♦• Oi I♦ rts \ IMPERVIOUS ♦♦ �i��i I S SWALE ♦ \ CONCRETE / ♦♦ ♦ ��c�'- i�pjyj ♦♦ ♦♦ \ 1024 st2 ♦♦ O<'.\.t•NY1- , ' • ♦ •♦ \ / • •:/••r/ .� ♦� UNCOASTALED �;i'�'. \ 404 WETLANDS I ♦ i' . ♦ WCRNIOS I. ♦ • ♦ V�..i. \ DERELICT i NW�..>•..� ♦ \ hB�F � UNDISTURBED �� 1 NUJ-L-..i % P. ��//_/ .• GPM WETLANDS — —_--g`� \ERELICT PIER • ♦ ULKHEAD 1 — ♦ \ .�1\•• , 1712SF ........._--- GRASS p� C -- OPEN \ / ♦ /OUT DERELICTWATER / z WATER ♦BLDG PIER -\- / IA OUT R/PRAP �\\ / IA' BLDG ROCK BAFFLE ♦4 (SEE DETAIL SHEET) ♦ J/BULKH L. - -----' BREAKWATER 1 (STOECKER) —ie. DERELICT BULKHEAD SWALE DISCHARGE no BARTLETT'S CREEK ��3 '4' BARTLEtt'S CREEK cA tlirt P. �I-9�� ci% VOA DOCK . ;;'�+ LLD 9. \A- DOCK Fr1-- 30 0 16 30 60 30 0 15 30 60 NOTE:THIS MAP IS NOT A CERTIFIED . .—���...I NOTE:THIS MAP IS NOT A CERTIFIED ��� SURVEYAND HAS NOT BEEN REVIEWED (IN FEET) SURVEY AND HAS NOT BEEN REVIEWED (IN FEET) _ BYA LOCAL GOVERNMENT AGENCY FOR 1,nch=301Y BY A LOCAL GOVERNMENT AGENCY FOR 1Jnch=30 n. cz COMPLIANCE WITHAI`IYAPPLICABLE COMPLIANCE WITH ANY APPLICABLE O LAND DEVELOPMENT REGULATIONS. Z MAP BY ELLIOTT CONSULTING LAND DEVELOPMENT REGULATIONS. JULY 15.2022 MAP BY ELLIOTT CONSULTING FEBRUARY 14,2023 PAGE 1 OF Bodnar, Gre• • From: ken@kenobx.com Sent: Monday, February 27, 2023 2:04 PM To: Bodnar, Gregg Cc: Renaldi, Ronald Subject: RE: [External] Thomas Newbern Major Permit Application Attached, Grandy, Currituck County, NC CAUTION: External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Yes,that will be fine, Gregg. Please make that change. It is correct on Page 3 of 15 and is scaled correctly. I missed it too. Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone: 252-339-9021 Email: ken@kenobx.com From: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> Sent: Monday, February 27, 2023 1:43 PM To: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; ken@kenobx.com Subject: RE: [External]Thomas Newbern Major Permit Application Attached, Grandy, Currituck County, NC I did miss that in the review of the updated plans. Ken, if you can give me permission, I will make that change on that workplan and initial it. Gregg Gregg Bodnar(he/him/his) Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov V5i9 4Ti �. 1011 Find a Field Rep (arcgis.com) Elli • u 1 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Thomas Newbern,Sr. COUNTY: Currituck PROJECT NAME: Single family dwelling and shoreline stabilization LOCATION OF PROJECT: 172 Dowdy's Bay Road,Grandy DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-19-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No FIELD REPRESENTATIVE: Robert Corbett -D RICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW � Date lam, ) ao/ B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D:$400(60/40) # III(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 10-26-22 END OF NOTICE DATE: 11-15-22 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 1-2-23 150 DAY DEADLINE: ::3_11674-21/2-------5761-23 HOLDS: 11(i(7/3 7i4(VI) EMAIL OUT DATE: 10-21-22 STATE DUE DATE: 11-11-22 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM-Field Rep (C74i4Z 2- 5 /r-d DCM-LUP Consistency Determination (l f f&( �rsn5) L Local Permit Officer it Ito(LL 6040.0 L r. Corps of Engineers-Regulatory Branch � T T DWR-401 Section (02 'zj Lio let( 2 7z.z -i (sue cos'7c 0 DWR-Public Water Supply 147'Z(t 6/1 x DEMLR-Stormwater t0127 f LL kict rtel DEMLR-Sed and Erosion i a/LA LL ' DOA-State Property Office tv`I Z� 7,L Wildlife Resources Commission it611n. z1116i ki#4� It J-- 1( / Ol( DMF-Shellfish Section t t � 17,t l DMF-Habitat& Enhancement lit t[ ZZ �t� DNCR-Archives& History I()(SIP-- x i� Y1G DNCR-Natural Heritage Program NCDOT RECEIVED NC Dept of Commerce t4I.L1 r./t ( ec•F 2 I zozP DCM-MHD CITY BOY COOPER fitv Governor (A41 ELIZABETH S.61SER secretary. BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM • TO:: Gregg Bodnar,Assistant Major Permits Coordinator THROUGH: Ron Renaldi,District Manager ¢ ` FROM: Robert Corbett,Field Representative L DATE: October 19,2022 SUBJECT: Thomas Newbern Major Permit Recommendations The applicant proposes to construct.a single family dwelling with a concrete parking area connected to a driveway,install a new septic system,and.create.a smile in addition to reconfiguringdredging� existingbasin;stabilizing the shoreline with. a new and an man-made: . bulkhead,constructing a new boathouse creating 2 formalized slips,and constructing 3 piers connected by a boardwalk. The site of the proposed project is located at 172 Dowd 's BayRoad,Grandy,Currituck County, P I� Y >� adjacent to Bartlett's Creek which leads to Dowdy Bay a tributary of Currituck Sound The development : ` al:involves Non-Coastal Wetlands.the Public Trust Area P �1� . � (ETA),:: . Estuarine Waters:(EW),and Estuarine Shoreline(ES)Areas of Environmental Concern(AEC's). I have reviewed the Rules of the Coastal Resources Commission(CRC)as they pertain to thit. project and my findingsare as follows: ; 1 SA NCAC 07H.0208 Use Standards Paragraph(a)addresses.General Use:Standards,and sub-paragraph(1)Precludes uses that are not water dependent:within the_EW and PTA and lists uses that may be considered water dependent.. ' Consistent:The proposed development is consistent with the MOM of this:rahe. . Paragraph(a):(1)States"Uses which are not water dependent shall not be'permitted in coastal wetlands,estuarine waters,and public trust areas Restaurants,residences,apartments,motels, hotels,trailer parks,private roads,'factories,and parking lots:are examples of uses that are not water dependent...Uses that are water dependent include:utility crossings,wind energy facilities, docks;.wharves,beat ramps;dredging,bridges and bridge approaches,revetments,bulkheads, culverts,groins,navigational aids,mooring pilings,navigational channels,access channels drainage ditches;" RECEIVED Consistent:The proposed development is considered water-dependent. O C T 2 1 2022 North Carolina Department of Envbontnental Quality I Division of Coastal Management "-MHD CITY Elizabeth City Office 1401 SouthGrtffhi Street.State 300 I Elizabeth City,North Carolina 27909 ou.°c:.:.n ,..ae+a+n 252264.390i Gregg Bodnar,Assistant Major Permits Coordinator Thomas Newbern Major Permit Recommendations October 19,2022 Page 2 Paragraph(a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands,shellfish bed, submerged aquatic vegetation as defined by the Marine Fisheries Commission,and spawning and nursery areas. Inconstant,The dredge area/boat basin are in areas of dense Submerged Aquatic Vegetation. Paragraph(a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph(a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph(a)(2)(D)states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph(a)(2)(E)states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph(a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph(b)addresses Specific Use Standards. Of these, subparagraph(6)Piers and Docking Facilities, (7)Bulkheads, and(11)Filling of Canals,Basins and Ditches pertains to this project, and those subparagraphs not listed are not applicable to this project. RECEIVED OCT 212022 DCM-MHD CITY Gregg Bodnar,Assistant Major Permits Coordinator Thomas Newbern Major Permit Recommendations October 19,2022 Page 3 Paragraph (6) Piers and Docking Facilities Subparagraph(6) (A) states, "Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use,to improve public access, or to support a water dependent use that cannot otherwise occur;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph(6) (B) states,"The total square footage of shaded impact for docks and mooring facilities(excluding the pier)allowed shall-be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use,to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph(6) (C) states,"Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking;" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6) (F) states"Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph(6) (G) states"Pier and docking facility length shall be limited by: (i)not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed development is consistent with the intent of this rule. IRECEIVEE (ii)not extending into the channel portion of the water body; OCT Consistent: The proposed development is consistent with the intent of this rule. DCM-Mh1=° <_ : , . (iii)not extending more than one-fourth the width of a natural water body, or human-made canal or basin. Measurements to determine widths of the water body,canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one- fourth length limitation does not apply in areas where the U.S.Army Corps of Engineers,or a local government in consultation with the Corps of Engineers,has established an official pier- Gregg Bodnar,Assistant Major Permits Coordinator Thomas Newbern Major Permit Recommendations October 19,2022 Page 4 head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph(6) (I) states"Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access..." Consistent: The proposed development is consistent with the intent of this rule.The Applicant has submitted waivers from both adjacent riparian property owners waiving the 15' setback. Paragraph 7 Bulkheads Subparagraph(7) (A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead averages 5'waterward of NWL with a Maximum distance of 17'. Subparagraph(7) (B) states,`Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule.However, the proposed bulkhead alignment will be located waterward of appox. 6098 sf of Non- Coastal Wetlands. Subparagraph(7)(C) states, "Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section,or if the bulkhead is a part of a permitted project involving excavation from anon-upland source, the material so obtained may be contained behind the bulkhead." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7)(D) states,"Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i)the property to be bulkheaded has an identifiable erosion problem,whether it results from natural causes or adjacent bulkheads,or it has unusual geographic or geologic features,e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The proposed development is consistent with the intent of this rule. `,`„L.1 V ED OCT 212022 ;TY Gregg Bodnar,Assistant Major Permits Coordinator Thomas Newbern Major Permit Recommendations October 19,2022 Page 5 (ii)the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The proposed development is consistent with the intent of this rule. (iii)the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv)the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is consistent with the intent of this rule. (v)the property to be bulkheaded is in a nonoceanfront area." Consistent: The proposed development is consistent with the intent of this rule. Paragraph 11 Filling of Canals,Basins and Ditches Subparagraph(11)(A) states, "The area to be filled was not created by excavating lands which were below the normal high water or normal water level" Consistent: The proposed development is consistent with the intent of this rule. Subparagraph(11) (B) states, "If the area was created from wetlands,the elevation of the proposed filling does not exceed the elevation of said wetlands so that wetland function will be restored; Consistent: The proposed development is consistent with the intent of this rule. Subparagraph(11)(C) states,"The filling will not adversely impact any designated primary nursery area, shellfish bed, submerged aquatic vegetation as defined by the MFC, coastal wetlands,public trust right or public trust usage" Inconsistent: The proposed development will fill a dense area of Submerged Aquatic Vegetation. Subparagraph(11) (D)states, "The filling will not adversely affect the value and enjoyment of property of any riparian owner." RECEIVED Consistent: The proposed development is consistent with the intent of this rule. OCT 21Zi ' Gregg Bodnar,Assistant Major Permits Coordinator Thomas Newbern Major Permit Recommendations October 19,2022 Page 6 15A NCAC 07H.0209 Use Standards Paragraph(d) (1) states"All development projects, proposals, and designs shall preserve natural barriers to erosion, including peat marshland,resistant clay shorelines, and cypress-gum protective fringe areas adjacent to vulnerable shorelines." Consistent: The proposed development is consistent with the intent of this rule. Paragraph(d) (2) states "All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to service the primary purpose or use for which the lot is to be developed. Impervious surfaces shall not exceed 30 percent of the AEC area of the lot,unless the applicant can demonstrate,through innovative design,that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation shall be permitted if impervious areas are not increased and the applicant designs the project to comply with the rule to the maximum extent feasible." Consistent: The proposed development is consistent with the intent of this rule. Paragraph(d) (3) states"All development projects,proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A)All development projects,proposals, and designs shall provide for a buffer zone along the margin of the estuarine water that is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B)No development project proposal or design shall propose an angle for graded slopes or fill that is greater than an angle that can be retained by vegetative cover or other erosion-control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C)All development projects,proposals, and designs that involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading;unless the project involves clearing land for the purpose of forming a reservoir later to be inundated." Consistent: The proposed development is consistent with the intent of this rule. Paragraph(d) (4) states "Development shall not have a significant adverse impact on estuarincECEIVED and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality increase shoreline erosion,alter coastal wetlands or Submerged du 212022 DCM-MHD CITY Gregg Bodnar,Assistant Major Permits Coordinator Thomas Newbern Major Permit Recommendations October 19,2022 Page 7 Aquatic Vegetation(SAV),deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds." Consistent: The proposed development is consistent with the intent of this rule. Paragraph(d) (5) states"Development shall not interfere with existing public rights of access to, or use of,navigable waters or public resources." Consistent: The proposed development is consistent with the intent of this rule. Paragraph (d) (6) states "No public facility shall be permitted if such a facility is likely to require public expenditures for maintenance and continued use, unless it can be shown that the public purpose served by the facility outweighs the required public expenditures for construction, maintenance, and continued use." Consistent: The proposed development is consistent with the intent of this rule. Paragraph(d) (7) states"Development shall not cause irreversible damage to valuable,historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Natural and Cultural Resources." Consistent: The proposed development is consistent with the intent of this rule. Paragraph(d) (8)states"Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the use of the accessways." Consistent: The proposed development is consistent with the intent of this rule. Paragraph(d) (10) states"specific information, degrade the water quality or outstanding resource values. (10) Within the Coastal Shorelines category(estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level,with the exception of the following: (A)Water-dependent uses as described in Rule 07H .0208(a)(1)of this Section;" Consistent: The proposed development is considered water dependent. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application, and plans,I recommend issuing a permit to Thomas Newbem. for the development as proposed contingent on the other agencies' approval of the docking facility and the dredging proposed in an areas of SAV habitat, and the approval the 6,098 sf of non-coastal wetland fill for the purpose of constructing a single family dwelling. RECEIVED OCT 2 1 2o2 DeM-MHD CITY ROY COOPER T; . Governor ' ELIZABETH S.BISER • ' Secretary 'rc ,Fe�^•.: BRAXTON DAVIS NORTH CAROLtNA Diraror Environmental Quality October 21,2022 MEMORANDUM: FROM: Gregg Bodnar,Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) gregg.bodnarC ncdenr.gov SUBJECT: CAMA/Dredge&Fill Application Review Applicant: Thomas Newbem, Sr. Project Location: 172 Dowdy's Bay Road,Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901,ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Lee Pad rick RE AGENCY NC Commerce RECEIVED SIGNATURE f OCT 2 1 2022 DATE 10-21-22 MP SECTIC8 7 North C.arotina Department of Ernironmcntal Quality thvision of Coaxial Management Elizabeth Oty Office 401 South Griffin Street.Suite 300 i Elizabeth Oty.North tar obi-to ..,.n.ar.ia� /'/ 252164340t . STATE,r-,;. ,w.., .per it ui� ! ROY COOPER ' 1r7.- , Governor :i,.,.. €10 . ELIZABETH S.BISER .. _ rr Secretory �rt� r._. BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901, ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** 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. Two slips proposed PRINT NAME Wanda Hilliard • 44'k.#ii" E. AGENCY State Property Office ), � ` OCT 2 ., �n29 W SIGNATURE ahA DATE October 24, 2022 LIP SECTION MHO D E - _ NorthElizabeth CarolinaCity DepartmentOffice1401 of EnvironmentaSouthGriffinStreet.l QualitySuite I 300 Division of CElizabethoastalCity.North Management l��J�q\ Carolina 27909 ',CP-DI.A4 3L1,¢_ ueram..m^i En Wnnnemri umn, 252264.3901 ,.sT 1 n \ ROY COOPER Governor , " mot, r�. 0 -,7 i ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director EarkvmmotataiQuality October 21, 2022 MEMORANDUM: 'FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) gregg.bodnarancdenr.gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern,Sr. Project Location: 172 Dowdy's Bay Road,Grandy in Currituck Proposed Project: Single-family dwelling,shoreline stabilization,dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by November 11, 2022. If you have any - questions regarding the proposed project, contact Robert Corbett(252-264-3901,.ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Clif Whitfield AGENCY _Public Water Supply Section RECEIVED. SIGNATURE - "ri rO/Z �� • OCT 2 6 2022 DATE 10-24-2022 MP SECTION MHD QV North Carolina Department of Environmental Quality I Division of Coastal Management D E Elizabeth City Office 14Ut South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 a—•�tr /�� 752.2(4.3901 ROY COOPER 114i0i7-¢ Governor '] ELIZABETH S.BISER #°� ls' Secretory ,. * ww * BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 • Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901, ext. 233)when appropriate, in-depth comments with supporting data is requested. V— REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME S-11sM12 tupgpdfa, AGENCY ��A'IL.SZ_ e LX . C RE �" E.: SIGNATURE / OCT 2 S .2022 DATE /0/29/Zz rich' SECTION NI;ID 4 North Carolina Department Environmental Qui Elizabeth City Office % 401 Southof Griffin Street.Suiteality Div 300 1 Elizabeth sionorCoastal City.NorthManagement Carolina 274 09 252.2b4.3Q01 Z. y ROY COOPER u „ l .-. ' j Governor '• ELIZABETH S.BISER .4.4ao Secretary '''..'ftCw+ 0 .7--.` DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality January 13, 2023 Mr. Thomas E. Newbern, Sr. PO Box 413 Powells Point, NC 27966 Subject: Stormwater Permit No. SWG010039 Private Residence General Permit-Single Family Residence Currituck County Dear Mr. Newbern: In accordance with your application to be covered under the State Stormwater General Permit for Single Family Residences, received on December 5, 2022, we are forwarding herewith the subject Certificate of Coverage Number SWG010039 to construct, operate and maintain impervious areas associated with a single-family residence under the subject General Permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1, Title 15A NCAC 2H .1000, S.L. 2006-246, and S.L. 2008-211 of the stormwater management rules. Please take notice that this Certificate of Coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources (DEMLR). The DEMLR may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Resources, the Division of Land Resources, Coastal Area Management Act, or any other Federal, State, or Local agency, law, rule, or ordinance. If you need a copy of the General Permit, or have any questions concerning this permit, or need additional information regarding this matter, please contact me at (252) 946- 6481. Sincerely, `( William J. oore Environmental Engineer cc: newbernexcavating(c�yahoo.com ken(a�kenobx.com Washington Regional Office FEE ^ '-' 20r)' DNorth Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources 1j/� Washington Regional Office 1943 Washington Square Mall I Washington,North Carolina 27889 o:a .elad++� 252.946.6481 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES STATE STORMWATER MANAGEMENT GENERAL PERMIT NO. SWG010000 CERTIFICATE OF COVERAGE NO. SWG010040 CONSTRUCT, OPERATE AND MAINTAIN IMPERVIOUS AREAS ASSOCIATED WITH A SINGLE-FAMILY RESIDENCE In compliance with the provisions of North Carolina General Statute 143-215.1, as amended, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and 15A NCAC 2H.1000, the Stormwater rules, Thomas E. Newbern, Sr. is hereby authorized to construct, operate and maintain impervious areas associated with the construction of a single-family residence and the associated stormwater runoff located at Private Residence 172 Dowdys Bay Road Grandy, Currituck County to receiving waters designated as Currituck Sound, class SC waters in the Pasquotank River Basin, in accordance with the provisions of the General Permit for Single Family Residences, No. SWG010000, and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Energy, Mineral, and Land Resources, and considered a part of this permit for the subject project. This Certificate of Coverage shall become effective January 13, 2023. Signed this the 30th day of January 13, 2023. _____—_ \ RAJ Doug R. Ansel, Interim Director Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission . ,, Permit No. SWG010039 "416 r#°� -A le FEE �D ) North Carolina Department of Environmental Quality I Division ofs Energy,Mineral and Land Resources Washington Regional Office 1943 Washington Square Mall I Washington,North Carolina 27889 Mw+ i+�++ �orsis•o"" 252.946.6481 From: Moore,Bill To: ken1 kenobx.com Cc: newbemexcavating(a)vahoo.com; Bodnar.Greaq Subject: Thomas Newbern CAMA Project-Currituck County Date: Thursday,October 27,2022 2:45:26 PM Good Afternoon Ken, Just received a copy of the CAMA Major application for the Thomas Newbern project located at 172 Dowdy's Bay Road in Grandy, NC. Upon review of the proposed project, it appears that a State Stormwater Permit will be required. Under the Post Construction program,the obvious permit option appears to be the General Permit for Single Family Residences (SWG01). You can find the permit application and details on our web site. I will be glad to help with the review process and answer any questions. Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 948-3919 E Deportment N Environmental OwNn Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties 44 ROY COOPER k ` 'r. Governor ` J.y ELIZABETH S.BISER ` ` Secretary .� BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@yncdenr.gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901, ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** V _ 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. PRINT NAME Christa Sanderford -xa Y ' s.a AGENCY NCDMF - Shellfish Sanitation and Recreational Water Quality => `> .:. SIGNATURE CAA - 3dn for Shannon Jenkins u , DATE 11/1/2022 MP SEC-ON M 7-4) NorthElizabetCarolinahCityO Departmentce1401SouthofEnvironmentalGriffinStreetQualSuite ity1300DivisionI ofCoastalElizabethCityNorthManagement ffi Carolina27909uvo:H i a Ervi«o w awin /` 252.2643901 gyp}sr1 iy 13y N.ov i i 2_• ou ROY COOPER Governor -.ier . ELIZABETH S.BISER ,�, � Secretary _ BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management RECEIVED 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gre>7 ,budnarfancdenr.go NOV 1 7022 SUBJECT: CAMAIDredge& Fill Application Reviewtr- e� Applicant: Thomas Newbern, Sr. ? S ACTION MH�.! Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by November 11,2022. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached.—> S .b-1-1 �r^k-^hs Pkie s-i-ft4-.5 4 Mye- This agency objects to the project for reasons described in the attached comments. PRINT NAME 1.e.)o19.t_L.v.St-mob t el.„,,: --Cry- f n►,..D.,,,-4 " AGENCY C r- _ e C✓1>_;, \ c-—c 4 SIGNATURE .Ok--�bP-'-t` ''SL'""vb DATE Na', 0, 2 2 rs) 'z-_ D_E i . `. North Carolina Department of Envfronmentae Quality 7.Division of Coastal Management ((//n Elizabeth City Office 401 South Grtffln Street,Sutte 300 ; Elizabeth Clty,North Carolina 27909 ..�.:se r'e,.*«-.++o.,e` r 252 264.390i Debbie Lashomb From: Dylan Lloyd tea•— a �"334 av- 11"�' kI \ICA yw-. <-Y c1vniyn< g4v Sent: Monday, November 7, 2022 1:36 PM To: Debbie Lashomb Subject: RE: **REPLY/INPUT REQUESTED PLEASE** - - FW: [EXTERNAL] CAMA MAJOR:Thomas Newbern, Sr. in Currituck County(172 Dowdy's Bay Rd) Did I respond to this already? If not, the fill is my main concern, but that is kinda what the permit is about.They can't use a bulkhead to hold back fill associated with home construction (sec 7.3.4-5) (5)Bulkheads or retaining walls shall not be allowed as a method to stabilize or contain fill, except for the purposes of shoreline protection,septic repair, and as otherwise permitted by the County Engineer. This shall not include retaining walls used to stabilize or contain existing natural grade when a driveway or walkway is cut into a lot at an elevation lower than existing natural grade. (6)Any lot subject to filling shall install erosion and sediment control measures to prevent sediment from leaving the site. The erosion and sediment control measures shall be implemented on the site prior to the commencement of land disturbing activities and shall be continuously maintained during the land disturbance phase of development. (7)A fill permit issued by the North Carolina Division of Water Quality shall be required to fill any 401 wetlands. (8)A fill permit issued by the U.S.Army Corp of Engineers shall be required to fill any 404 wetlands. From: Debbie Lashomb<Debbie.Lashomb@CurrituckCountyNC.gov> Sent: Monday, November 7, 2022 9:29 AM To: Kevin Kemp <Kevin.Kemp@currituckcountync.gov>; Donna Voliva <Donna.Voliva@CurrituckCountyNC.gov>;Tammy Glave<Tammy.Glave@CurrituckCountyNC.gov>;Jennie Turner<Jennie.Turner@CurrituckCountyNC.gov>;Jason Litteral <Jason.Litteral@CurrituckCountyNC.gov>; Savannah Newbern<Savannah.Newbern@CurrituckCountyNC.gov>; David R. Lubelski<David.Lubelski@CurrituckCountyNC.gov>; Eric Weatherly<Eric.Weatherly@CurrituckCountyNC.gov>; Dylan Lloyd <Dylan.Lloyd@CurrituckCountyNC.gov> Cc:Jovita Hood <Jovita.Hood@CurrituckCountyNC.gov> Subject: FW: **REPLY/INPUT REQUESTED PLEASE** -- FW: [EXTERNAL] CAMA MAJOR:Thomas Newbern,Sr. in Currituck County(172 Dowdy's Bay Rd) Importance: High Good morning, All— Tomorrow is the last day to submit comments for this CAMA/Dredge & Fill application received from the Division of Coastal Management office. If you have not already done so, please submit your response so I can submit all comments to CAMA by the requested deadline date. Thank you! is V if Debbie Q Debbie J. LaShomb Planning Technician, CAMA LPO, CFMk ..r�C 6� � 1 Debbie Lashomb From: Donna Voliva Sent: Monday, November 7, 2022 1:31 PM To: Debbie Lashomb Subject: RE: **REPLY/INPUT REQUESTED PLEASE**- - FW: [EXTERNAL] CAMA MAJOR:Thomas Newbern, Sr. in Currituck County (172 Dowdy's Bay Rd) Debbie, My comments are more planning/site plan related,which you probably already have: It looks like the front and rear setbacks were switched. I don't know how DCM counts driveways in the AEC. Currituck County would count the driveway regardless of the surface material. I noticed fill (including the spoil) is proposed, but I did not see the fill limits/elevation shown on a plan Donna Voliva,CZO 'a5�- — Ccu Z aY olrn„o vc.1;Y o-u s- -eA 44 4 `C ) ..V Assistant Planning Director Currituck County Development Services Department From: Debbie Lashomb<Debbie.Lashomb@CurrituckCountyNC.gov> Sent:Monday, November 7, 2022 9:29 AM To: Kevin Kemp<Kevin.Kemp@currituckcountync.gov>; Donna Voliva<Donna.Voliva@CurrituckCountyNC.gov>;Tammy Glave<Tammy.Glave@CurrituckCountyNC.gov>;Jennie Turner<Jennie.Turner@CurrituckCountyNC.gov>;Jason Litteral <Jason.Litteral@CurrituckCountyNC.gov>;Savannah Newbern<Savannah.Newbern@CurrituckCountyNC.gov>; David R. Lubelski<David.Lubelski@CurrituckCountyNC.gov>; Eric Weatherly<Eric.Weatherly@CurrituckCountyNC.gov>; Dylan Lloyd<Dylan.Lloyd@CurrituckCountyNC.gov> Cc:Jovita Hood <Jovita.Hood@CurrituckCountyNC.gov> Subject: FW: **REPLY/INPUT REQUESTED PLEASE** -- FW: [EXTERNAL] CAMA MAJOR:Thomas Newbern,Sr. in Currituck County(172 Dowdy's Bay Rd) Importance: High Good morning,All— Tomorrow is the last day to submit comments for this CAMA/Dredge& Fill application received from the Division of Coastal Management office. If you have not already done so, please submit your response so I can submit all comments to CAMA by the requested deadline date. Thank you! �-� Debbie 1"+4k, ' t Debbie J. LaShomb NOV 1 0 2022 Planning Technician, CAMA LPO, CFM County of CurrituckC Development Services Department I v M O Planning & Zoning Division 153 Courthouse Rd, Suite G103A Currituck NC 27929 From: Dylan Lloyd To: Bodnar.Gregg Cc: Donna Voliva;Debbie Lashomb Subject: RE:[EXTERNAL]RE: **YOUR REPLY/INPUT NEEDED PLEASE**-FW: [EXTERNAL]RE: [EXTERNAL]CAMA MAJOR:Thomas Newbem,Sr.in Currituck County Date: Thursday,November 10,2022 4:20:07 PM Attachments: jmage001.onq jmage002.onq CAUTION:External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Exactly, I'm not objecting. Just letting client know once final construction drawings are provided he may have additional county guidelines to follow on fill. Hope this helps. I will be out through next Thursday, my cell is 757-515-0201 if anyone needs to reach me. Dylan From: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> Sent:Thursday, November 10, 2022 3:36 PM To: Donna Voliva <Donna.Voliva@CurrituckCountyNC.gov>; Debbie Lashomb <Debbie.Lashomb@CurrituckCountyNC.gov>; Dylan Lloyd <dylan.11oyd@currituckcountync.gov> Subject: [EXTERNAL] RE: **YOUR REPLY/INPUT NEEDED PLEASE**- FW: [EXTERNAL] RE: [EXTERNAL] CAMA MAJOR:Thomas Newbern,Sr. in Currituck County [CAUTION]:This email originated from outside of Currituck County's system. Do not click links or open attachments unless you verify that the attachment and contents are safe. Please report any suspicious emails or attachments to support. OK. So essentially you are saying that this needs additional local permitting and not necessarily objecting to the project? Gregg Gregg Bodnar(he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416(NEW OFFICE NUMBER) Gregg.BodnarPncdenr.gov o-, o t• Find a Field Rep (ar gis.com) o QNORTH CAROLINA �� Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Donna Voliva<Donna.VolivaPCurrituckCountyNC.gov_> Sent:Thursday, November 10, 2022 2:31 PM To: Debbie Lashomb<Debbie.Lashomb( CurrituckCountyNC.gov>; Lloyd, Dylan <dylan.11ovd Pcurrituckcountync.gov> Cc: Bodnar,Gregg<gregg.bodnarPncdenr.gov>; Godfrey, Ella M <Ella.GodfreyPncdenr.gov> Subject: RE: **YOUR REPLY/INPUT NEEDED PLEASE** - FW: [EXTERNAL] RE: [EXTERNAL] CAMA MAJOR:Thomas Newbern, Sr. in Currituck County CAUTION:External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. Gregg, The comments I provided were relevant to county permitting, planning/site plan. Just trying to get ahead of any potential fill concerns. Donna Voliva,CZO Assistant Planning Director Currituck County Development Services Department From: Debbie Lashomb<Debbie.Lashomb(CurrituckCountyNC.gov> Sent:Thursday, November 10, 2022 12:57 PM To: Donna Voliva <Donna.VolivaPCurrituckCountyNC.gov>; Dylan Lloyd <Dylan.LloydPCurrituckCountyNC.gov> Cc: Bodnar, Gregg<gregg.bodnarl@ncdenr.gov>; Godfrey, Ella M <Ella.Godfrey( ncdenr.gov> Subject: **YOUR REPLY/INPUT NEEDED PLEASE** - FW: [EXTERNAL] RE: [EXTERNAL] CAMA MAJOR: Thomas Newbern, Sr. in Currituck County Donna and Dylan, When you have a chance,can you please reply to Gregg Bodnar's email (see below)? He needs clarification on the comments you gave on this proposed plan. Thank you! Debbie Debbie J. LaShomb Planning Technician, CAMA LPO, CFM County of Currituck Development Services Department Planning & Zoning Division 153 Courthouse Rd, Suite G103A Currituck NC 27929 Phone: 252-232-6026 Fax: 252-232-3026 Email: debbie.lashombQcurrituckcountync.gov Website: www.currituckgovernment.com From: Bodnar, Gregg<gregg.bodnarPncdenr.gov> Sent:Thursday, November 10, 2022 11:59 AM To: Debbie Lashomb<Debbie.Lashomb(WCurrituckCountyNC.gov> Cc: Godfrey, Ella M <Ella.GodfreyPncdenr.gov>; Donna Voliva <Donna.VolivaPCurrituckCountyNC.gov>; Dylan Lloyd<dylan.11oydccurrituckcountync.gov> Subject: [EXTERNAL] RE: [EXTERNAL] CAMA MAJOR:Thomas Newbern,Sr. in Currituck County [CAUTION]:This email originated from outside of Currituck County's system. Do not click links or open attachments unless you verify that the attachment and contents are safe. Please report any suspicious emails or attachments to support. Afternoon all, Thanks for the comments. I have a few questions related to them... 1. Setbacks. I can have the plans updated to show the correct setbacks. They may not impact the design as proposed, but I will get that fixed if you need it. 2. Upland fill. I am assuming you are concerned about the fill within the 404. With 404 a federal concern we follow USACE and DWR's lead on if it allowable. As for the other fill and driveways, we look at BUA within the AEC(less than 30%). We do not have many rules to how the uplands are developed. If there are any additional needs please let me know. 3. Bulkhead and fill. The bulkhead is for shoreline stabilization,with the fill into 404. Depending on how USACE and DWR look at the 404 fill, DCM will follow their lead as mentioned before. To date I do not have any comments from USACE or DWR. It is not identified that the bulkhead is for the construction of the house vs.the shoreline stabilization. Please let me know if this is an issue and how would that could be justified. Thanks for the clarification, Gregg Gregg Bodnar(he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar ncdenr.gov E.j:- 101 y+.%.41 ir V Find a Field Rep (arcgis.com) El • -I I E Q NORTH CAROLINA Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Debbie Lashomb<Debbie.Lashomb a(�CurrituckCountyNC.gov> Sent:Thursday, November 10, 2022 11:02 AM To: Bodnar, Gregg<gregg.bodnarPncdenr.gov> Cc: Godfrey, Ella M <EIla.GodfreyPncdenr.gov>; Donna Voliva <Donna.VolivaPCurrituckCountyNC.gov>; Lloyd, Dylan Subject: FW: [EXTERNAL] CAMA MAJOR:Thomas Newbern,Sr. in Currituck County Importance: High CAUTION:External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam Good morning, Gregg, On behalf of Currituck County (Mainland office),attached is the completed CAMA Dredge& Fill application review form with attached comments for the proposed project at 172 Dowdy's Bay Rd, Grandy, NC in Currituck County. Please contact our office at 252-232-3055 or 252-232-6026 if you should have any questions or need any additional information. Debbie Debbie J. LaShomb Planning Technician, CAMA LPO, CFM County of Currituck Development Services Department Planning & Zoning Division 153 Courthouse Rd, Suite G103A Currituck NC 27929 Phone: 252-232-6026 Fax: 252-232-3026 Email: debbie.lashomb@currituckcountync.gov Website: www.currituckgovernment.com From:Godfrey, Ella M <Ella.GodfreyPncdenr.gov> Sent: Friday, October 21, 2022 11:05 AM To: Debbie Lashomb<Debbie.LashombPCurrituckCountyNC.gov>; Owens, Charlan <charlan.owensPncdenr.gov>; Pelletier,Josh R CIV CESAW CESAD(US) <Josh.R.PelletierPusace.army.mil>; Padrick, Lee<loadrickPcommerce.nc.gov>; DCR - Environmental_Review<Environmental.Review(ncdcr.gov>; Whitfield, Clif <clif.whitfield(Wncdenr.gov>; Harrison,James A<James.Harrison anncdenr.gov>; Harris, David B <davidharrisPncdot.gov>;Jenkins,Shannon <shannon.jenkinsna ncdenr.gov>; Gupton,Sharon <sharon.guptonPncdenr.gov>; Haines,Andrew<andrew.hainesPncdenr.gov>; Moser, Mike <mike.moser(@doa.nc.gov>; Hilliard,Wanda<wanda.hilliardPdoa.nc.gov>; Montalvo, Sheri A <sheri.montalvoPncdenr.gov>; Dumpor,Samir<samir.dumporPncdenr.gov>;Thorpe, Roger <roger.thorpe(Wncdenr.gov>; Stewart, Glenn A<Glenn.StewartPncdenr.gov>; Dunn, Maria T. <maria.dunnPncwildlife.org>; Butler, Rodney A<Rodney.ButlerPncdcr.gov> Subject: [EXTERNAL] CAMA MAJOR:Thomas Newbern, Sr. in Currituck County [CAUTION]:This email originated from outside of Currituck County's system. Do not click links or open attachments unless you verify that the attachment and contents are safe. Please report any suspicious emails or attachments to support. Good morning, Please accept this correspondence as the official distribution of a CAMA APPLICATION for the above referenced proposal. In the above attachments you will find the standard forms and comment sheet. As before,the comment sheet will provide the requested comment due date, DCM contact information, etc. This distribution email has a return receipt notification. Please accept the request, as we use that to log receipt of the application. Ella M. Godfrey Administrative Assistant North Carolina Department of Environmental Quality (252) 264-3901, Ext. 231 ella,godfreyl@ncdenr.gov 401 S.Griffin Street,Suite 300 Elizabeth City, NC 27909 NORTH CAROLINA Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Received: 11/4/2022 - j;,T STATE ',,, Historic Preservation Office „°`; ,, �, ROY COOPER u ; Governor ''', a2. Due: 11/10/2022 ELIZABETH S.BISER ,:rt= Secretary ,QUW, - >' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality ER 22-2595 October 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901, ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. r l/ED PRINT NAME Renee Gledhill-Earley AGENCY State Historic Preservation Office NOV 1 '72 SIGNATURE 0-•-. '� DATE November 10, 2022 S°'"''0�°'"" . �/ NorthElizabeth Caroli Cityna Depaicement401 of EnvironmentalSouthGriffinStree Qt,uality 1 Division Elizabeth of CoastalCityNorth ManagementCarolina 27909 NORTH GNROUi D_E Offrt1 Suite 300 , a ^K^tmwltiN /.' 252.2643901 s, T, i 4 "� 5` 1011 ROY COOPER .. ' - t°°f Governor ie ,, �,Or h .'" ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) greei;.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901, ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. SEE ATTACHED PRINT NAME Charlan Owens AGENCY NCDEQ—Division of Coastal ManagementRECEIVED SIGNATURE NOV 1 r ,'22 ,.___. i) DATE November 15, 2022 MP SECTION M HD D E Q North Caro of Quality I i Elizabeth Citylina Office 1Department401 South Griffin StreetEnvironmental ,Suite 300Div I Elizabeth sionof City.Coastal North CaroliManagementna 27909 1 e,Emlmmend 252.264.3901 57ATE,y' ROY COOPER ' ' Governor t ELIZABETH S.BISER ` �, Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM TO: Gregg Bodnar, Major Permits Coordinator Division of Coastal Management FROM: Charlan Owen ICP, NE District Planner Division of Coa tal Management SUBJECT: Major Permit Request by Thomas E. Newbern Sr. to install a single-family house with a 34 foot by 52 foot footprint, a 32 foot by 32 foot concrete parking area, a 12 foot wide by 97 foot long pervious driveway, a drainage swale, and a septic system on highground, and; install 152 linear feet of bulkhead and a 60 foot long bulkhead return wall, dredge a 42 foot by 26 foot boat basin to a connecting depth of -3.5 feet below NWL, a install a 4 foot wide by 83 foot long boardwalk, a 4 foot wide by 20 foot long pier, a 3 foot wide by 16 foot long pier, a 4 foot wide by 48 foot long pier, and a 22 foot by 28 foot boat house over two (2) wet slips on the boat basin and Bartlett's Creek; at 172 Dowdy's Bay Road, in the Grandy community, Currituck County. DATE: November 15, 2022 Consistency Determination: The request is consistent with/not in conflict with the Currituck County 2006 Core Land Use Plan (LUP) certified by the CRC on May 18, 2007 as amended through December 7, 2021. Overview: The .35 acre subject property has a combined shoreline of 175 linear feet along Bartlett's Creek and a man-made boat basin that connects to the creek. Bartlett's Creek leads to Dowdy Bay which is a tributary of the Currituck Sound. The site is vegetated with 3,223 sq. ft. of Section 404 Wetlands, 163 sq. ft. of Coastal Wetlands, trees, and grasses. Water depths near the subject property range from -1.5 feet to -3.5 feet and average -2.4 feet below Normal Water Level (NWL). The site is located in the AE Floodzone. Existing site improvements consist of an abandoned mobile home with a deck. Existing shoreline improvements consist of a 28 foot by 26 foot boat basin, approximately 100 linear feet of derelict bulkhead and remnants of a wooden boardwalk. The basin has an ay .. eo : eet below NWL. L...ao L.%6 L.- NOV 1 6 2 %2 r P SECTION MIID North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City.North Carolina 27909 252.264.3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 5 Installation of a single-family house with a 34 foot by 52 foot footprint, a 32 foot by 32 foot concrete parking area, a 12 foot wide by 97 foot long pervious driveway, a drainage swale, and a septic system on uplands, and; installation of 152 linear feet of bulkhead and a 60 foot long bulkhead return wall, dredging of a 42 foot by 26 foot boat basin to a connecting depth of -3.5 feet below NWL, and installation of a 4 foot wide by 83 foot long boardwalk, a 4 foot wide by 20 foot long pier, a 3 foot wide by 16 foot long pier, a 4 foot wide by 48 foot long pier, and a 22 foot by 28 foot boat house over two (2)wet slips on the boat basin and Bartlett's Creek are proposed. All upland structures will be at least 30 feet from the shoreline. The bulkhead will tie into the return wall of a neighboring property to the west. Dredge spoils, once dried, will be used to fill low spots on the property greater than 30 feet from the shoreline. The waters Bartlett's Creek are classified as SC and Joint Waters and are closed to shellfish taking. Submerged Aquatic Vegetation (SAV) was observed growing at the project site. Based on available information, there appear to be no archaeological sites on or near the property. Anticipated impacts resulting from this project are expected to include: the shading of 866 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the dredging of 1,092 sq. ft. of Public Trust Area/Estuarine Waters AEC; the filling of 2,444 sq. ft. of Estuarine Shoreline AEC, 938 sq. ft. of Public Trust Area/Estuarine Waters AEC and .14 acre of Section 404 Wetlands within the Estuarine Shoreline AEC, and; the disturbance of 2,000 sq. ft. of Estuarine Shoreline AEC and .11 acre of Highground outside of an AEC. The applicant's narrative indicates that mitigation of wetland impacts will involve the purchase of wetland credits from The Great Dismal Swamp Restoration Bank, LLC. No Coastal Wetlands AEC impacts are proposed. Basis for Determination: The subject property is designated as "Full Service Areas" on the Currituck County Future Land Use Map (FLUM) and is located in the "Grandy" sub area. As indicated on Page 11-1, the "Conservation Areas" designation includes Areas of Environmental Concern and freshwater wetlands under the US Army Corps of Engineers' 404 Wetlands Permit Program. As indicated on Page 11-1, the purpose of the Conservation designation is to provide for the long- term management and protection of significant, limited, or irreplaceable areas. Proper management is needed to conserve the natural, cultural, recreational, scenic or biologically productive values of these areas. The designation is applied to areas that should not be developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. As indicated on Page 11-2, the standards of the Conservation class shall be applied in accordance with the site specific information made available during special studies and/or the land development process. Definitions of key words are provided on page 9-2. These words include "Encourage: to favor or foster", "Should: Ought to, if no valid reason not to", and"Support:to shore up, may imply financial support" -, gip. e r D .,_ North Carolina Department of Environmental Quality I Dlvisio Goas[al t ane mina Elizabeth City Office 1401 South Griffin Street,Suite 300 I Eliza th City.North Carolina 27909 a.,,=n,^^m-dEa^%^nmenla.n.1\ /`.4 252.264.3901 MP SECTION MID North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 5 The following LUP policies may be applicable to this request: Public Access: Policy PA2, Pages 9-3 and 9-4. "The County supports MANY FORMS OF "ACCESS" to the water, including scenic outlooks and boardwalks, boat ramps, marinas and docks, fishing piers, canoe and kayak launches, and other means of access. Whenever possible, such facilities shall be designed to accommodate the needs of handicapped individuals." Land Use Compatibility: Policy ES2, Page 9-5. "NON-COASTAL WETLANDS, including FRESHWATER SWAMPS, AND INLAND, NON-TIDAL WETLANDS, shall be conserved for the important role they play in absorbing floodwaters, filtering pollutants from stormwater runoff, recharging the ground water table, and providing critical habitat for many plant and animal species. Currituck County supports the efforts of the U.S. Army Corps of Engineers in protecting such wetlands through the Section 404 permit program of the Clean Water Act, as well as Section 401 water quality certifications by the State of North Carolina." Policy ES5, Page 9-6. "Uses allowed in ESTUARINE WATERS must be water dependent (public access, docks, piers, erosion control, and other CAMA-approved uses) and must not interfere with the proper function, cleanliness, salinity, and circulation of the resource..." Policy ES6, Page 9-6. "The location and design of piers and docks shall not unduly interfere with the rights of the public to the free and unobstructed use of PUBLIC TRUST WATERS for navigation, fishing, and other uses. Efforts to limit the length of piers into public trust waters shall be supported." `7 i ED NOV 1 6 2022 kIP SECTION MHD D �^_ North Carolina Department of Environmental Quality I Division of Coastal Management ,-) Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 ...rime.of E ,w a..my` r 252.2643901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 5 Infrastructure Carrying Capacity: Policy WS6, Page 9-13. "Currituck County endorses the proper use and maintenance of APPROVED SEPTIC SYSTEMS in suitable soils as an environmentally acceptable means of treating and dispersing waste from low-density development." Natural Hazards: Policy NH 1, Page 9-16. "The County recognizes the risks to life and property that exist within SPECIAL FLOOD HAZARD AREAS (i.e. areas having a 1% chance of flooding in any year) that may be inundated during major storm events. The County will continue taking measures to mitigate these risks and will avoid taking any action in these areas that materially increases risks to life and property." Policy NH2, Page 9-16. "The County shall require development and redevelopment within SPECIAL FLOOD HAZARD AREAS to meet the standards of the National Flood Insurance Program and the County's Flood Damage Prevention Ordinance..." Policy NH 8, Page 9-16. "Currituck County encourages owners of PROPERTIES ALONG ESTUARINE SHORELINES to employ the least hardened approach to shoreline stabilization (i. e. marsh grass favored over riprap favored over bulkhead, etc.) provided that reasonable access is available to install the technology available." Water Quality: Policy WQ 3, Page 9-17. "Currituck County supports policies, plans and actions that help protect the water quality of the county's estuarine system by preventing SOIL EROSION AND SEDIMENTATION, and by controlling the quantity and quality of STORMWATER RUNOFF entering the estuary." RECEVILD NOV 1 F -.„, �D E�. North Carolina Department of Environmental Quality I Division of Coastal Management 4. d/� Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elliiizzabeth City,North Carolina 27909 252.2643901 IMP SEC ., ' !! "1„ ,,1 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 5 Policy WQ 4, Page 9-17. "RUNOFF AND DRAINAGE from development, forestry and agricultural activities shall be of a quality and quantity as near to natural conditions as possible. Post- development runoff shall not exceed pre-development volumes." Policy WQ 5, Page 9-17. "Development that preserves the NATURAL FEATURES OF THE SITE, including existing topography and significant existing vegetation, shall be encouraged..." Policy WQ 6, Page 9-17. "Currituck County supports the retention or preservation of VEGETATED BUFFERS along the edge of drainage ways, streams, and other components of the estuarine system as an effective, low cost means of protecting water quality." Local Countywide Concerns: Policy HP4, Page 9-20. "The DESTRUCTION OF SIGNIFICANT ARCHITECTURAL, HISTORIC RESOURCES, AND ARCHAEOLOGICAL RESOURCES in the planning area shall be discouraged." RECEIVED NOV 1 6 2022 MP SECTION Pik, ..,.., DE ?,), NorthCarolina DepartmentofEnvironmentalQuality 1DivisionofCoastal ManagementElizabethCityce 1401SouthGriffinStreetSuite 300IElizabethCityNorthCarolina27909c,,;,,iw 0... /`" 252.264.3901 ROY COOPER ,4,,,, ',, Governor i ¢ ELIZABETH S.BISER Secretary 4R * BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 21, 2022 ���1g'p iA g MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NOV 2 'I Pn'2 NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) s'i a v. %'4 �"�' ! � ?� ms r i ',, a tla �. gregg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901, ext. 233)when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. **Additional comments itiay L .all.Ji.J *below 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. PRINT NAME James Harrison AGENCY NCDMF SIGNATURE JG,n4,8-k flarf^(sUn. DATE 21 November 2022 To protect nearby SAV, install turbidity curtains at mouth of basin and leave in place for 72 hours after dredging completed. North Carolina Department of Environmental Quality I Division of Coastal Management �/ Elizabeth City Office 1401 South Griffin Street,Suite 300 Elizabeth City,North Carolina 27909 Department of EmFenmental Dualit 252.2643901 Bodnar, Gregg From: Dunn, Maria T. Sent: Friday, February 24, 2023 2:13 PM To: Bodnar, Gregg; debbie.lashomb@CurrituckCountyNC.gov; Pelletier, Josh R SAW; Tankard, Robert; Harrison, James A Cc: Renaldi, Ronald; Moore, Bill; Dumpor, Samir Subject: RE: Thomas Newbern Gregg, NCWRC has reviewed the application changes.These changes address the concerns our agency referenced in or original comments and in subsequent discussions.Therefore, our concerns have been addressed and we have no additional comment. Please do not hesitate to call or email if there is anything additional. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington. NC 27889 252-495-5554 www.ncwildlife.orq Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. From: Bodnar,Gregg<gregg.bodnar@ncdenr.gov> Sent: Friday, February 24, 2023 11:01 AM To: debbie.lashomb@CurrituckCountyNC.gov; Pelletier,Josh R SAW<Josh.R.Pelletier@usace.army.mil>;Tankard, Robert <robert.tankard@ncdenr.gov>; Dunn, Maria T.<maria.dunn@ncwildlife.org>; Harrison,James A <James.Harrison@ncdenr.gov> Cc: Renaldi, Ronald <ronald.renaldi@ncdenr.gov>; Moore, Bill<bill.moore@ncdenr.gov>; Dumpor, Samir <samir.dumpor@ncdenr.gov> Subject:Thomas Newbern Morning all, Please see above for updated workplans for Thomas Newbern. After consultation with DWR the applicant has adjusted the bulkhead within the basin, reducing the footprint of the basin, has removed the walkway re-aligned the bulkhead to reduce 404 wetland fill, reconfigured the piers and added a breakwater. Please let me know ASAP of any changes to existing comments, Gregg Gregg Bodnar(he/him/his) Major Permits Coordinator i a STATES V..x A ` * �1, ` �, ROY COOPER : c .-._ :4'..3Ae-Governor , 1 .. +�\ ELIZABETH S.BISER , ""4a _- Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality C.22. tO•Zso. o4-- October 21, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached"* 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. PRINT NAME ..A�+-i< 1, :L-Inn 1\ �; AGENCY RI�12 L._ ' ECEIVED SIGNATURE 7---1 p O r n DATE II-73 .-2vL--2-- e..s'.,„.,a f L. ., 3 , ..I .R-) D_E , Nrolina Department of Environmental Q 1 of Coastal m ElizabethorthCa City Office 1401 South Griffin Street.Suite uality 300 I ElizabethDivision City.NorthManage Carolientna 27909 �:Yn „�w�1 /"' 252.264.3901 tlit North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality W� iv`��1 NOV 9 Z ^-'27 FROM: Maria T.Dunn,Coastal Coordinator Habitat Conservation DivisionE. F-.,, DATE: November 23,2022 SUBJECT: CAMA Dredge/Fill Permit Application for Thomas Newbern, Sr.,Currituck 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 at 172 Dowdy's Bay Road near Grandy,NC adjacent to Barlett's Creek.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,the Endangered Species Act of 1973,as amended(16 U.S.C. 1531 et seq.),the Fish and Wildlife Coordination Act(48 Stat.401,as amended; 16 U.S.C. 661 et seq.),the Magnuson-Stevens Fishery Conservation and Management Act (FCMA),as amended(16 U.S.C. 1801 et seq.),and the Migratory Bird Treaty Act(16 U.S.C. 703-712 et seq.). The applicant proposes to construct a single-family dwelling with a concrete parking area,connected driveway,new septic system, and swale with a reconfiguration and dredging of a man-made basin, shoreline stabilization with bulkhead, new boathouse with two slips,and three piers connected by a boardwalk. The new bulkhead will tie into an adjacent structure, taking several turns to remove 17' of depth of the existing basin and then aligning through non-coastal wetlands to reach the eastern property line.The total length of bulkhead is 152',with a 60'return wall,to fill 6,098 ft2 of non-coastal wetlands. The boardwalk,boathouse, and slips would be contained within the existing bulkhead. A pier would extend from the basin into Bartlett's Creek.Prior to construction the basin would be dredged to-3.5' NWL.Material would be placed outside the CAMA 30' buffer.Bartlett's Creek at this location is classified SC by the Environmental Management Commission. Submerged aquatic vegetation(SAV)was observed within the proposed development area. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 Page 2 The NCWRC has reviewed the permit application and does not believe the applicant has demonstrated avoidance and minimization of wetland impacts. The orientation of the house or septic field along with adjustments in the bulkhead alignment could be done to reduce wetland fill.A breakwater structure offshore the property or shoreline revetment may be appropriate to stabilize the creek shoreline with a bulkhead or retaining wall only being installed around the basin.Minimizing riparian wetland fill is important to preserve wildlife habitat as well as to maintain the integrity of the natural filtration system for stormwater and nutrient runoff. Wetlands are integral to improve water quality for aquatic resources such as SAV. Therefore,we request wetland impacts be reconsidered. 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 or at maria.dunn@,ncwildlife.org N O v 2 '3 022 L P SECTION MHD a.*, n ROY COOPER ......1., ,, j r v, Governor r : ELIZABETH S.RISER �,,a Sect etary RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality January 18, 2023 DWR#20221455 Currituck County Mr.Thomas Newbern, Sr. PO Box 368 Powells Point, North Carolina 27966 Subject: REQUEST FOR ADDITIONAL INFORMATION Thomas Newbern, 172 Dowdy's Bay Road Project Dear Mr. and Mrs. Newbern: On October 21, 2022,the Division of Water Resources (Division) received a copy of your PNA application requesting a 401 Water Quality Certification from the Division for the subject project. The Division has determined that your application is incomplete and cannot be processed. The application is on-hold until all of the following information is received: 1. Please provide how the applicant has demonstrated avoidance and minimization of wetland impacts. This office does not feel that avoidance and minimization has been met. The orientation, design, and placement of the house and impervious surfaces can be adjusted to reduce water quality impacts. Also, wetland fill can be reduced to accommodate house foundation and other methods of shoreline stabilization can be incorporated into the design of the project to meet the needs of the applicant while protecting the wetlands. (15A NCAC 02H .0506) Pursuant to Title 15A NCAC 02H .0502(e),the applicant shall furnish all of the above requested information for the proper consideration of the application. Please respond in writing within 30 calendar days of receipt of this letter by sending one (1)copy of all of the above requested information to the 401&Buffer Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 or by submitting all of the above requested information through this link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note the DWR#requested on the link is referenced above). JAN ^ `, 2n93 MP SECTION IVIIID D N51orth2 CarolinallorthSalisb DepartmentStreet 1 of Environmental Quality I Division Raleigh of Water Resources ury 1611 Mail Service Center I North Carolina 27699-1611 919.707.9000 Thomas Newbern, 172 Dowdy's Bay Road Project DWR#20221455 Request for Additional Information Page 2 of 2 If all of the requested information is not received within 30 calendar days of receipt of this letter,the Division will be unable to approve the application and it will be denied as incomplete. The denial of this project will necessitate reapplication to the Division for approval, including a complete application package and the appropriate fee. Please be aware that you have no authorization under the Section 401 of the Clean Water Act for this activity and any work done within waters of the state may be a violation of North Carolina General Statutes and Administrative Code. Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.gov if you have any questions or concerns. Sincerely, Roka T44444.1 Robert Tankard,Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Ken Elliott, ken@kenobx.com Josh Pelletier,josh.r.pelletier@usace.army.mil Gregg Bodnar,Gregg.bodnar@ncdenr.gov Robert Corbett, robert.corbett@ncdenr.gov Maria Dunn, maria.dunn@ncdenr.Rov Laserfiche DWR File 20221455 rtr,r. Jo, 1 c 9r93 i Is MHO Q?,)) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611 Dom ofw w.en` r 919.707.9000 V' ROY COOPER _ ° Governor 1 ^' ELIZABETH S.BISER ' . art" :�-' Secretary �`otwoo"� RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality February 28, 2023 DWR#20221455 Currituck County Thomas Newbern, Sr. PO Box 368 Powells Point, North Carolina 27966 Subject: Approval of Individual 401 Water Quality Certification Thomas Newbern Project Dear Mr. Newbern: Attached hereto is a copy of Certification No. WQC005700 issued to Thomas Newbern, dated February 28, 2023. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal,State, or Local approvals before proceeding with the project, including those required by, but not limited to,Sediment and Erosion Control, Non-Discharge,Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials,the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. - North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 ,mmnni of Environmental Quality 919.707.9000 Thomas Newbern Project DWR# 20221455 Individual Certification #WQC005700 Page 2 of 10 If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Washington Regional Office within 24 hours(or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). ...) Nort512hNo Carolina bDepartmentStreet o�f Env1617ironMailmeSentarvlice QualityCenter I I DiRaleigviseig h,of Nort WahterC Resourcesarolinalisury 27699-1617 D N00r"CAW,NA 919 707 9000 Dent at Environmental a Thomas Newbern Project DWR# 20221455 Individual Certification #WQC005700 Page 3 of 10 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Robert Tankard at 252-948-3921 or robert.tankard@ncdenr.gov if you have any questions or concerns. Sincerely, R4i T..4,441 Robert Tankard,Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Kenneth Elliott, ken@kenobx.com Josh Pelletier,josh.r.pelletier@usace.army.mil Gregg Bodnar, Gregg.bodnar@ncdenr.gov Ron Renaldi, ron.renaldi@ncdenr.gov laserfiche • 704.) North Carolina Department of Environmental Quality I Division of Water Resources �- 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 �� 919.707.9000 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Thomas E. Newbern Sr. 2. LOCATION OF PROJECT SITE: 172 Dowdy's Bay Road, Grandy, N.C. 27939. Adjacent to a Bartlett's Creek leading to Dowdys Bay which connects to the Currituck Sound Latitude: 36°14'46.53"N Longitude: 75°52'21.12"W 3. INVESTIGATION TYPE: CAMA I Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 7-23-2019 & 9-27-2022 Was Applicant Present — Yes (Consultant), No 5. PROCESSING PROCEDURE: Application Received Complete 10/19/2022 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Currituck County Land Classification from LUP — SFM (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), and Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — None Planned - Septic (F) Type of Structures: Existing — An Abandoned Mobile Home with a Deck, Remanent Bulkheaded, Boat Basin Surrounded by an Dilapidated Boardwalk. Planned - Single Family Dwelling, Concrete Driveway / Parking Area, Septic, a Swale, Bulkhead, Boat Basin, Boathouse for 2 Wet Slips, 3 Piers connected by a Boardwalk (G) Estimated Annual Rate of Erosion: 1.9' Source —Applicant RECEIVED OCT 2 1 2022 DCM-MHD CITY Field Investigation Report Page 2 7. HABITAT DESCRIPTION: (Area ft2) SHADED EXCAVATED Filled OTHER (A)High Ground within ±1,420 i 2,000 ft2 Disturbed ES AEC (Single Family I (Bulkhead) Dwelling) ±5,000 of High 1,024 Ground Outside ES (Concrete Parking AEC Area) (Upland Development, Grading and Swale) (B)Shallow Bottom EW 1,092 ft2 938 ft2 and PTA AEC (Dredge Basin) (Bulkhead) (C)Open Water EW 546 ft2 and PTA AEC (Boat House) 320 (Pierce (D)Non-Coastal 6,098 wetlands within ES (Bulkhead and AEC Single Family Dwelling) (E) Total Area Disturbed: 18,438ft2 (F) Primary Nursery Area: No (G) Water Classification: SC Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to construct a single family dwelling with a concrete parking area connected to a driveway, install a new septic system, and create a swale in addition to reconfiguring and dredging an existing man-made basin, stabilizing the shoreline with a new bulkhead, constructing a new boathouse creating 2 formalized slips, and constructing 3 piers connected by a boardwalk. Project Setting The site of the proposed project is located at 172 Dowdy's Bay Road, Grandy, Currituck County, adjacent to Bartlett's Creek which leads to Dowdy Bay a tributary of Currituck Sound. The property is approximately 0.35 acres in size and has approximately 100' of shoreline (not including an existing man-made basin) previously hardened by means of a wooden bulkhead. The bulkhead is no longer functional and has not been for decades. Immediately adjacent to the bulkhead is the remnants of what use to be a wooden RECEIVED OCT 2 1 2C22 DCM-MHD CITY Field Investigation Report Page 3 boardwalk. Currently in the high ground area of the property is an abandoned mobile home with a deck. According to the USDA's Natural Resources Conservation Services' Web Soil Survey, the soil on the property is made up of Newhan fine sand and Ponzer muck. Vegetation on the property consist of Coastal and Non-Coastal wetlands, trees, and grasses that are mowed periodically. Based on available information, there appears to be no archaeological sites on this property or nearby. The adjacent riparian property to the west contains a single-family dwelling, a deck, a shed, a hardened shoreline, and a platform. The adjacent riparian property to the east contains a single-family dwelling with a boardwalk and a partially-hardened shoreline consisting of a breakwater and a bulkhead basin in which they share with the following property. This property is vegetated by both coastal and non-coastal Wetlands, in addition to trees and yard grasses which are mowed periodically. Bartlett's Creek connects to Dowdy Bay and is classified as Joint waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission. The Division of Environmental Management's water quality classification for this area is SC and it is closed to shellfish taking. Water depths within the project site range from -1.5' to -3.5' and average -2.4'. The bottom substrate within the project area is made up of muddy sand. Submerged Aquatic Vegetation (SAV), as per DMF's definition, was observed within the proposed development area (SAV survey attached). Development Proposal To begin, applicant proposes to stabilize the shoreline, including a reconfiguration of the existing basin, with a new bulkhead. The bulkhead will tie into the return wall of the neighboring property to the west which splits the property line. The bulkhead will travel east 10' before turning to the north for 9'. At this point the bulkhead will turn back to the east for 26' crossing the existing basin. This will shorten the existing basin by 17'. The bulkhead will end the basin area by then turning south for 28'. The bulkhead will then travel 12' in a southeastern direction before angling back to the northeast for 30' until it reaches NWL. At this point the bulkhead will continue to travel in a straight alignment through non-coastal wetlands until it reaches the eastern property line. Lastly the applicant proposes 60' return wall straddling the western property line. In total the bulkhead will be 152' in length with a 60' return wall. Secondly, the applicant is proposing to dredge the newly reconfigured basin and use the spoils,once dried, to fill in low spots on the property outside the CAMA 30' buffer. The dredge area will be 42' x 26' and will have a proposed connecting depth (verified by DCM) of -3.5'. This will result in 26 cubic yards of spoils. Currently the average depth of the dredge area is -2.4'. RECEIVED OCT 2 1 2022 DCM-MHD CITY Field Investigation Report Page 4 Next, the applicant is proposing 3 piers connected by a 4' wide boardwalk which will surround the perimeter of the newly constructed boat basin. The boardwalk will be 83' in length. The first pier will be 20' x 4' and will be located on the west side of the basin angling south in a straight alignment following the western basin wall. The second pier will be in the center of the boat basin and will be 16' x 3' and will parallel the first pier. The last pier will be located at the southeastern end of the basin. This pier will be 48' x 4' and will be angled southeast and end 2' short of the riparian property line as it extends into the water. Due to two of the proposed piers being within the 15' riparian corridor the applicant has submitted waivers from both adjacent riparian property owners. Next, the applicant proposes to construct a 22' x 28', measured to the dripline, boat house over the newly constructed boat basin. Side walls are not proposed nor second story use. The boat house will have a 1' overhang located landward of NWL. This boathouse will shelter 2 formalized wet slips. Lastly the applicant proposes to construct a 34' x 52' single family dwelling, a 32' x 32' concrete parking area connected to Dowdy's Bay Road by a 97' x 12' pervious driveway, a swale along the western property line, and a new septic area (located outside the 75' AEC). All upland structures will be located outside the CAMA 30' Buffer. Anticipated Impacts • The dredging of the boat basin will result in the removal of 26 yd3 of material and disturb 1,092 ft2 of shallow bottom within the PTA and EW AEC. • The construction of the bulkhead (including the reconfiguration of the boat basin) will result in the filling of 938 ft2 of shallow bottom within the PTA and EW AEC. • The construction of the bulkhead will disturb ±2,000 ft2 of high ground and will impact ±6,098 of non-coastal wetlands along 212 linear feet within the ES AEC. • The construction of the piers will shade 320 ft2 of open water of the PTA and EW AEC. • The construction of the boathouse will shade 546 ft2 of open water of the PTA and EW AEC. • The single family dwelling and the concrete parking area will result is will result in 2,431 ft2 (29.94%) of impervious coverage within the 75' AEC. • The single family dwelling will fill 144 ft2 of non — coastal wetlands (previously filled in association to the bulkhead). Submitted by: Robert Corbett Date: 10/19/2022 RECEIVED OCT 2 1 2022 DCM-MHD CITY Elliott Consulting PO Box 112 Aydlett, North Carolina 27916 Phone: 252-339-9021 Ron Renaldi NC Department of Environmental Quality Division of Coastal Management Elizabeth City District 401 S. Griffin Street, Suite 300 • Elizabeth City, North Carolina 27909 Mr. Renaldi: On behalf of Mr. Thomas E. Newbern, Sr., a revised CAMA Major Application is hereby submitted. Enclosed are signed applications, maps and drawings, and other required documentation. Please let me know if you have any questions. Thank you, Ken Elliott Elliott Consulting 02/15/2023 F E B 1 6 2023 MP SECTION 11 HO Thomas Newbern Project Narrative FEB 1 2023 Thomas E. Newbern, Sr. —CAMA Major Permit Applicant Grandy, North Carolina, Currituck County ,"' CECT CN 7.1r-d The Thomas Newbern Project is being undertaken by Mr.Thomas E.Newbern, Sr. on a waterfront parcel he owns at 172 Dowdy's Bay Road, Grandy, NC, to accomplish five things: stabilize eroding shoreline of the parcel by replacing old and deteriorated bulkhead with new bulkhead and breakwater, fill a portion of an existing boat basin with sand and topsoil, maintenance dredge the remainder of the boat basin, construct and install new piers on the bulkheaded shoreline,and construct an open-air shelter cover over a portion of the new boat basin. The bulkheaded backfill will provide enough high land to construct a 34' x 52' primary residence on the parcel with associated driveway and septic system,that will not encroach upon the CAMA 30-ft shoreline undisturbed buffer or Currituck County required maximum building lines. Mr. Newbern's son,Thomas E. Newbern,Jr.,will be the operator of this project. This cover narrative will discuss and give details of each part of the proposed construction project. • See Drawing 1 of 15, Project Overview Pre-Construction and Post-Construction. Parcel Overview: The Newbern parcel is located on the north side of Bartlett's Creek in the Waterview Shores area of Grandy, NC in Currituck County,and is 0.1-mile west of Dowdy's Bay and Currituck Sound. The parcel has an existing 1800-sqft boat basin on the property, opening southward to Bartlett's Creek, with severely degraded bulkhead and pier along its perimeter. The existing basin has filled in with detritus and sedimentation over the years to an average depth of 2.85 feet below normal water level. The sedimentation has occurred since it was originally excavated prior to the Newbern family acquiring the property in 1994. Bartlett's Creek is 105 feet wide at this location. The existing Newbern parcel is 14,215 sqft and contains 3412 sqft of wetlands. Wetlands were delineated in 2014 and reconfirmed by USACE on January 31,2020(attached). The wetlands area consists of 163 sqft of coastal wetlands and 3249 sqft of 404 non-coastal wetlands. Proposed construction of this project will involve filling and impacting 1700 sqft of 404 non-coastal wetlands, leaving 1712 square feet of coastal and non-coastal wetlands on the parcel undisturbed. Previous submissions of this application had proposed filling and impacting 3209 sqft of wetlands. The proposed project will be a phased construction, starting with shoreline stabilization with bulkhead and breakwater, filling 1291 sqft of the existing boat basin, dredging the remaining boat basin, construction of three piers, construction of a shelter cover over a portion of the basin, and construction of the owner's primary residence on the parcel. Phase 1 - Shoreline Stabilization with Bulkhead and Breakwater (Drawing 2 of 15) Shoreline stabilization is proposed along the interior of the boat basin. Starting at the southwest corner of the property the applicant will construct new wooden bulkhead that will join the end of the existing wooden bulkhead owned by neighbor,Cathy Stoecker,go eastward 40 feet across the old boat basin,then turn northward 11 feet along the existing basin shoreline, and then turn northeastward running 62 feet, crossing 404 wetlands to the eastern property line. The bulkhead will then turn northward and run 48 1 feet along the property line before ending. The existing boat basin will be shortened from the original 50 feet to a new length of 18 feet. The western edge of the new boat basin will utilize the existing Stoecker bulkhead (6 feet distant) for shoreline stabilization with no fill between the proposed western pier and bulkhead. Along the eastern shore of the new boat basin,the owner will construct a 22-foot-long breakwater for shoreline stabilization that will allow water to flow into the adjacent 404 wetlands from the basin. The new bulkhead will run one foot waterward of the exterior perimeter of the existing derelict bulkhead on the parcel. All old and deteriorated bulkhead and pier materials will be removed from the boat basin area before starting construction of the new bulkhead and breakwater. Total length of the proposed bulkhead will be 161 feet and breakwater will be 22 feet.. The proposed bulkhead will be of standard wooden or vinyl construction common in eastern NC, using treated wood soldier piles, treated wood waters, vinyl or treated wood sheathing and fastened with galvanized bolts. Filter cloth will be attached landward of the sheathing and the construction will be braced to the escarpment by galvanized tie rods and treated wood anchor piles. Fresh sand and topsoil fill will be brought to the site to fill in behind the bulkhead sheathing, covering 1700 sqft of wetlands and 1291 sqft of water fill in the old boat basin. Soil fill will be retained by, and adjacent properties will be protected by, temporary silt fence established along the Stoecker property line, and by the new bulkhead construction along the Lambert property line. Once filling behind the bulkhead is complete,the applicant will grade and level the land and plant groundcover. After bulkhead construction, breakwater construction, and backfill behind the bulkhead, 1712 sqft of coastal and non- coastal wetlands will remain undisturbed. The proposed bulkhead and wetlands fill is to protect and build up the existing soil level of the parcel at the shoreline. The water table is very close to the surface in the southern half of this parcel. Rising water levels in Currituck Sound have caused the shoreline to recede into the parcel an average of 1.9 feet per year for the last two years. Yearly average water levels in Currituck Sound have risen 3.77 inches since 2013,according to measurements at the USGS water level monitoring station in Corolla. New bulkheading will stabilize the parcel from further erosion and recession of the shoreline. Bulkheading and wetlands fill to build up existing soil level in the parcel is also necessary to provide required upland square footage for the construction of the owner's primary residence on the site. Construction details are provided in Phase 5. Mitigation of the wetland impacts will involve purchase of wetland credits. Total wetlands impact on this project is 0.04-acre(1700 sqft). Wetland credits for 0.08 acres have been made available to Mr. Newbern from The Great Dismal Swamp Restoration Bank, LLC — Timberlake Farm (approval letter attached), pending approval of this CAMA Major permit. In addition,the owner intends to preserve the undisturbed wetlands outside of and adjacent to the bulkheaded area,involving 1712 sqft of coastal and 404 wetlands. Phase 2 - Maintenance Dredging of Boat Basin (Drawing 2 of 15, Drawing 3 of 15) Once bulkhead construction is complete,the applicant plans to dredge a 33-ft by 26-ft area including the remaining 26-ft wide boat basin down to a depth of 3.5 feet below normal water level,which is the existing connective depth of the boat basin to Bartlett's Creek. Currently the average depth`of`the basin-remaining after bulkheading from normal water level to bottom muck is 2.85 feet. FEE 2 CECTION HD The applicant is proposing to dredge approximately 0.65 feet depth of muck from the bottom of the boat basin so that the average finished depth will be approximately 3.5 feet. With 1:1 sloping around the edges dredging will remove approximately 21 cubic yards of muck from the basin bottom. Equipment used for dredging will include an excavator or backhoe. Associated equipment will include a skid-steer loader or tractor for moving and spreading the spoil. Once it dries out, the applicant is planning to use the spoil onsite for land enhancement behind the CAMA 30-ft buffer. Spoil fill will be retained by,and adjacent properties will be protected by,temporary silt fence established along the Stoecker property line,and by the new bulkhead construction along the Lambert property line. Once filling behind the bulkhead is complete, the applicant will grade and level the land and' plant groundcover. Phase 3 - Pier Construction (Drawing 4 of 15) The applicant is proposing to construct two new 4-foot-wide piers and one 3-foot-wide pier over water inside the boat basin. The western pier will be four feet wide and will run near-parallel to the Stoecker property from the new bulkhead along the western edge of the boat basin for 24 feet. The pier will be separated from the Stoecker property line and the western riparian access division line by 5-6 feet. This pier will be used for loading and unloading of the owner's boats using the boat basin for dockage. The eastern pier will be separated from the western pier by 26 feet, will be four feet wide, and will run southward 38 feet from the new bulkhead. This pier will run 22 feet along the western edge of the undisturbed wetlands and then extend 16 feet into Bartlett's Creek. This pier will be used for temporary dockage for loading and unloading of the owner's boats during boating season and hunting season. The eastern pier will also be used to stabilize a wood or vinyl breakwater which the owner will construct and attach to the pier, running 22 feet southward from the bulkhead along the eastern adjacent undisturbed wetlands. The applicant proposes to construct one 3-foot-wide pier 16 feet long down the center of the bulkheaded boat basin, attaching to the bulkhead at the pier's northern end, forming boat slip #1 and boat slip #2 docking areas for the owner's boats. The proposed piers will be of standard wooden construction common in eastern NC, using treated wood piles,treated wood stringers and headers, and treated wood decking and fastened with galvanized bolts, screws, and nails as appropriate. Phase 4—Construction of Boathouse Shelter over Boat Basin (Drawing 5 of 15) The applicant desires to construct an open-air 22-foot long by 28-foot-wide boathouse shelter over the north end of the proposed new boat basin. Drip edge of the shelter roof will overhang the walkway and western pier by one foot on the north, east, and west sides, with a total coverage of 616 square feet. Rainwater drainage from the drip edge of the roofline will be diverted by drip-edge gutter to drain directly to the water below. A full-width boathouse shelter of the proposed basin would only allow it to be constructed 16 feet long to meet the 400 square foot maximum coverage allowed. The applicant is requesting additional square footage of coverage for protection of his family's personal property and because the lehgtfi ofhis`Boats that will be using the basin area are all longer than 16 feet. Use of boats shorter than 16 teet during the winter constitutes a safety issue. In addition,the boat basin is a manmade dead-end indentation of the FEE 33 MP SECTION shoreline with no flow-through of current. Coverage of this area should not constitute a hazard to aquatic life in Bartlett's Creek. Construction of the 22-foot by 28-foot single-story open-air boathouse shelter would be by using standard building practices, permitted through the Currituck County Planning and Community Development office. Phase 5 — Planned Construction of Owner's Primary Residence (Drawing 6 of 15). Mr. Newbern intends to construct a 34'x 52' (1768 sqft coverage) stick-built home as his primary residence on the parcel after bulkhead construction and backfill is completed. According to plans submitted to Currituck Planning and Inspections,the southeast corner of the home will be located 4 feet from the CAMA 30-ft buffer and will extend northward through the CAMA 75-ft AEC. 1231 sqft of the house and will be inside the 75-ft AEC. Mr. Newbern also intends to construct a 32'x 32' (1024 sqft) impervious concrete parking pad adjacent to the house,all of which will be inside the 75-ft AEC. The driveway from the parking pad to Dowdy's Bay Road will be 12'wide x 97' long(1164 sqft),constructed of pervious pavement, Hexgrid, or similar permeable pavement system material. 36 sqft of the permeable driveway will be inside the 75-ft AEC, and 1128 sqft will be outside. Septic system plans for the home have been approved by Albemarle Regional Health Service and includes septic tank located north adjacent to the home with four 50-ft long septic lines separated 9 feet apart forming the 50'wide x 70' long leach field which extends toward Dowdy's Bay Road. The ends of the septic lines abut the 25-ft County required maximum building line along Dowdy's Bay Road. Lastly, Mr. Newbern intends to grade a shallow grass-lined swale, 75' long x 6'wide x 18"deep along the westward property line adjacent to the Stoecker property. The swale will be established to assist with intermittent stormwater drainage from the Newbern and Stoecker properties. Discharge from the swale will be over the new bulkhead constructed by Mr. Newbern at the southwest corner of the property, draining through a riprap rock baffle. Swale will be constructed on the Newbern property and be maintained by Mr. Newbern,and he has received approval from Mrs.Stoecker for the construction. Cumulative Details • Existing parcel size at 172 Dowdy's Bay Road—14,215 sqft, includes 3249 sqft of 404 non-coastal wetlands and 163 sqft coastal wetlands. • Previous applications were to fill 3029 sqft of wetlands leaving 383 sqft wetlands undisturbed. • After consultation with NCDEQ DWR Robert Tankard, Mr. Newbern has agreed to reduce the wetlands impact to 1700 sqft and add a breakwater, leaving 1712 sqft wetlands undisturbed. • This new application proposes to shorten the existing boat basin, construct bulkhead and breakwater in the remaining boat basin,fill 1291 sqft of water in old boat basin behind the bulkhead,fill 1700 sqft of wetlands behind the bulkhead, and leave 1712 sqft of wetlands undisturbed. • Parcel size after bulkheading and fill—13,812 sqft uplands, 1549 sqft of 404 non-coastal wetlands and 163 sqft coastal wetlands,total parcel 15,524 sqft. • Proposed upland construction—34'x 52' home (1768 sqft impervious),32'x 32' concrete pad (1024 sqft impervious), 12'wide x 97' long driveway to Dowdy's Bay Road (1164 sqft pervious). LE C.,E.'IV Ftt 34 ' d) SECTO HD • 1768 sqft impervious home construction—1231 sqft inside CAMA 75'AEC, 537 sqft outside CAMA 75'AEC. • 1024 sqft impervious concrete pad -fully within CAMA 75'AEC. • CAMA 75'AEC size after bulkheading and fill-7575 sqft. • Total impervious surface within CAMA 75'AEC(house and pad)—2254 sqft(29.76%of AEC). • Total impervious surface within 15,524 sqft parcel (house and pad)—2792 sqft(17.99%of parcel). • 1164 sqft pervious driveway—36 sqft within CAMA 75'AEC,1128 sqft outside CAMA 75'AEC. • Residence will be constructed to within 4'of CAMA 30' buffer line and within 2' of eastern maximum building line. • Parking pad and driveway construction will abut western maximum building line. • Septic system leach field will abut northern maximum building line. Conclusion: The adjacent riparian property owners, Cathy Stoecker and Andrew Lambert were previously contacted by certified mail on December 4, 2017, August 19, 2019, and again on April 1, 2022, with information about the construction project,which included maps, a narrative description of the project, and a copy of the full application package, including MP-1, MP-2, MP-3, and MP-4. There were no negative comments received from any riparian landowners regarding these mailings. The adjacent riparian property owners,Stoecker and Lambert, are again being contacted on February 16, 2023 with full information about this project. Signed riparian notifications will be provided once received. Mr. Thomas E. Newbern, Sr. does hereby request approval for this CAMA permit and asks that it be expedited as soon as possible. The Newbern family appreciates your consideration of this application. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Ken Elliott Elliott Consulting For Thomas E. Newbern,Sr.,Applicant F EB I E 2C23 February 15, 2023 I� MP C AM CT oN LIED 5 Ds Governor COOPER ' ELIZABETH S.BISER *L q, Secretaryretary I...wo if' w® , . BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality EMAIL MEMORANDUM TO: Theresa Schneider The Coastland Times Manteo, NC 27954 legals@thecoastlandtimes.com FROM: Ella Godfrey DATE: October 20, 2022 SUBJECT: Public Notice: Thomas Newbern, Sr. Please publish the attached Notice in the Wednesday, October 26, 2022, issue of The Coastland Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send me the affidavit, an original copy of the published notice, and an original invoice. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City Christy Simmons, PIO, DCM, Morehead City Ellie Davis, Accounts Payable, DCM, Morehead City File RECEIVED OCT 2 1 2022 DCM-MHD CITY D EQ NNorth Carolina Department of Environmental Q uality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North Carolina 27909 M.. m:1 InglremoentaiWO 252.264.3901 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 10/19/22. Thomas Newbern, Sr. proposes to construct a single-family dwelling with a concrete parking area connected to a driveway, install a septic system, create a swale in addition to reconfiguring and dredging an existing man- made basin, stabilizing the shoreline with a new bulkhead, constructing a new boathouse creating 2 formalized slips and constructing 3 piers connected by a boardwalk, located at Dowdy's Bay Road, Grandy, in Currituck County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 11/15/22, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review& comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, October 26, 2022 RECEIVED OCT 2 1 2022 DCM-MHD CITY DEQ North Carolina Department Environmental Quality I Division of Coastal Management Elttabeth Gty Office 14Ol Southof Grfffln Street.Suite 300 I Elizabeth Cfty,North Carolina 27909 =- ,wx•a '^u"""'E'"'m.0 del WM /`' 252.264.3901 -------- -—-- - ROY COOPER i I$i `,' Governor ELIZABETH S.BISER Secretary •�aws++►* BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October 20, 2022 Thomas Newbern, Sr. P.O. Box 368 Powells Point,NC 27966 Dear Mr. Newbern: The NC Division of Coastal Management hereby acknowledges receipt of your application submitted for State approval for development of property located at 172 Dowdy's Bay Road, Grandy in Currituck County. It was received complete October 19,2022 and appears to be adequate for processing at this time. The projected deadline for making a decision January 2,2023. 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 19, 2022, 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. RECEIVED E .y� North Carolina Department of Environmental Quality I Division of Coastal Management OCT 2 1 2022 i . •/ Elizabeth City Office 1401 South Griffin Street,Suite 300 I Elizabeth City,North u �rw,. HD +""a, M o•'� /'" 252.264.3901 CITY Thomas Newbern,Sr. October 20, 2022 Page 2 of 2 An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact Robert Corbett, Field Representative, if you have any questions and or if you wish to receive a copy of his field report. Sincerely, ( _ Ron Renal District Manager,Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Jonathan Howell, Major Permits Coordinator, DCM, Morehead City, NC Robert Corbett, Field Representative, DCM, Elizabeth City,NC Kenneth Elliott, Elliott Consulting, Aydlett,NC RECEIVED OCT 2 1 2022 DCM-MHD CITY NOTICF CANIA PERMIT APPLIED FOR PRAJ ECT: Construct a single-familydwellingwith a concrete parking P 9 area connected to a driveway, install a septic system, create a swale in addition to reconfiguring and dredging an existing man-made basin, construct a new bulkhead, and a new boathouse creating 2 formalized slips and constructing 3 piers connected by a boardwalk COMMENTS ACCEPTED THROUGH November 15, 2022 0 APPLICANT FOR MORE DETAILS CONTACT 0 THE LOCAL PERMIT OFFICER BELOW F F_ Th '�mas Newbern, Sr. P.01 Box 368 Robert Corbett 0 Powells Point, NC 27966 401 S. Griffin Street, Suite 300 0 = 252-202-9258 Elizabeth City, NC 27909 Kenneth Elliot, Agent 252-264-3901, ext. 233 252-339-9021 DATE: February 15, 2023 NAME: Andrew James Lambert _ ADDRESS: 178 Dowdy's Bay Road CITY: Grandy ST NC ZIP 27939 RE: Thomas Newbem Project ROA To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Thomas E. Newbem, Sr. is applying for {insert property owrier:name Or company} a CAMA Major permit to construct bulkhead, pier/walkways, boat shelter, dredge boat basin, construct residence , {insert project description} on property located at 172 Dowdy's Bay Road, Grandy, NC 27939 , (insert proP6rty..** *1.4PoPVI which is adjacent to your property. A copy of the application and project drawing(s)is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: Kenneth Elliott, Elliott Consulting, PO Box 112, Aydlett, NC 27916 as soon as possible. {insert name of responsible party} If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300.. Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at 252-339-9021 {insert phone number)or the Division of Coastal Management at 252- 264-3901. RECEIVED Sincerely, �� , F E B 2 1. 2023 INSERTNAME MP SECTION MHO ,>< I have no objection to the project as described. I have objection(s)to the project as described. WAIVER SECTION understand that a pier.dock, mooring pilings, boat ramp. breakwater, boathouse,lift,or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback,you must initial the appropriate blank below.) X' I do wish to waive the 15'setback requirement. I do not wish to waive the 15' setback requirement. , . 0, . ', - ..\3 Andrew James Lambert riiiL� Print Name Sign re of Adjacent Property wner - Date 178 Dowdy's Bay Road, Grandy, NC 27939 NA _ Mailing Address andlor Email Address Phone Number DATE: February 15, 2023 NAME: Cathy A. Stoecker ADDRESS: 170 Dowdy's Bay Road CITY: Grandy ST NC ZIP 27939 RE: Thomas Newbern Project _{PROJECT NAME) To Whom It May Concern: This correspondence is to notify you as a riparian property owner that Thomas E. Newbern, Sr. is applying for {insert property owner name Of company} a CAMA Major permit to construct bulkhead, pier/walkways, boat shelter, dredge boat basin, construct residence {004Ect description on property located at 172 Dowdy's Bay Road, Grandy, NC 27939 {insert property address/county} which is adjacent to your property. A copy of the application and project drawing(s)is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to. Kenneth Elliott, Elliott Consulting, PO Box 112, Aydlett, NC 27916 as soon as possible. {insert name of responsible party} If no comments are received within 30 day_s of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300..Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at 252-339-9021 {insert phone number}or the Division of Coastal ement� at 252- 264-3901. R E C E V E Sincerely, - F E B 2 ' 2023 INSE1 TNAME MP SECTION LIFO `/ I have no objection to the project as described. I have objection(s)to the project as described. WAIVER SECTION understand that a pier,dock, mooring pilings, boat ramp. breakwater, boathouse, lift,or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me. (If you wish to waive the setback,you must initial the appropriate blank below.) OAAJI do wish to waive the 15' setback requirement. I do not wish to waive the 15'setback requirement. Cathy A. Stoecker & ate' Print Name Signet r$of Adjacent Property Owner Date 170 Dowdy's Bay Road, Grandy, NC 27939 252-207-4863 Mailing Address and/or Email Address Phone Number 16, BOOK 340 PAGE 514 e9t1 I1fIV 20 P17 i 02 R E C E:D.• D \-)c` (J1.,,A.l.l''1• Y.IOWDY i I.elf rtEDS AUG 1 — 2022 Cui,.et': ;K ^CUNTY II.O. CI xacl.v Tier -o- Recording Thu,Mode and Pater J 1 (' /1-E C Tax Lot No. • •,r.' Parcel identifier No. i '4 /�V, • Verified by . County on the day of t9 by _ ....0(`� Mill after recording toc William Brurasey, III, P. 0. Box I00, Currituck, NC 27929 Thle instrument was prepnrM.v, .William_Rruseey, III/ppn , File No.: 20367 Brief description for the hulex✓('''( Lot 16, Logan B. Pugh Lands NORTH CAROLINA GI:NI RAL WARRANTY DEED PaCs ition THI$rUEED made this. 1.6 day of. Hay 19 94 ,Ly and between GRANTOR r�, GRANTEE R. BRUCE BEST and wife, o THOMAS NEWBERN MARY BEST C `� P.O. Sox 368 and Powell Point, NC 27966 THOMAS NEWBERN and wife, �� SANDRA S. NF.WBERN n C� C Enter In apnrerprtate tenon for each party:earn,ddreaa,and,if an tale,Amear ter ar entity.CA] corporation.r par .lmratir. The designation Grantor and Grantee as need herein Anil incOi le said parties,their heirs,nuccensors,and xsnlgns,and shall include singular, plural,masculine, feminine or neuter as r�������ll.y❑❑❑ircd Ly context. WITNESSETN, that the Grantor, for n valuable consideration by the Grantee. the receipt of which is hereby acknowledged, hea sad by these preneeta dose grant, Unrealn,sell convey unto the Grantee In fee simple, all that certain lot or parcel of land silnated In the City of Poplar Branch TOwunhlp, Currituck County.North Cnrnlinn and more pnrticulnr #eeribed as folrows: Being known and designated as Lot 16 on the plat of lots prepared by David COX, Jr., Surveyor, dated November 3, 1950 and recorded in the Public Registry in Currituck County, the same being a part of what is known and described on said plat as thp'°ogan B. Pugh lands in Poplar Branch Township, said plat is recok'dt�fi in the Office of the Register of Deeds, Currituck County, in Masp. Book 1, Page 85. Said lot being a portion of the property acquired,\Ralph Smithson and wife, Jessie H. Smithson, by deed from A. W. W�;,1,son and wife, Maudie Sears Wilson, dated February 17, 1959 and're` rded in the Public Registry of Currituck County in Deed Book 92age 461. Y� LAND` AItsf'R TAX AMOUNT PAID $C— , _ DATE._S/� i 4 ' ^ CC1lECTOR `1. N.C I..A.�.rag Mo.JO lele.n N I. n1, lee,. �. .r.w �.a,..� .a..,t,vw ,.. ia... c v , .��_ ) • y RECEIVED • OCT 2 1 20Z? • DCM-MHD CITY T Book 340 Page 614 RECEIVED p AUG 1 - 2022 0 BOOK 340 PAGE 515 D iVi-LC The pri sty hereinabove described woe acquired by Grantor by instrument recorded In ( xi Deed Zook.237, Pagel 1.3E , ,Currituek County Registry. A map atomic)‘1,ultimo described property is recorded in Ylut hook _1 page .85. ... . TO HAVE ANBOLD the aforesaid lot or parcel of land and all privilege'and appurtenances thereto belonging to the Grantee tople. And the Grantnanh with the Grantee, that Grantor Is seised of the premises In feesimple.has the right la convey the same in fethat title la marketable and free and clear of all encumbrances.sad that Grantor will warrant and defend the title ,fbe.lawful efaima of all persons whomsoever except for the exceptions hereinafter stated. Title to the property Rom!{nabove described is subject to the following exceptions. Existing eananents, rights of way and restrictions of record. ''''O IN WITNSII wslaRaar. llr floater Y ereIwusn Nt his Name ens wtl..r I(rN/.ratr.has cans Nh lyl•mtat N•,al see Y W /. tr amr by a,daly aa►.rhed einem a„WOa seal I.It h,r.untu,Mud by aalhnNp nr a.nneed N eel, owe,1 say and yes!till sera wrlN•n. `` �/.�n ���� M `y :. .' ...�t &..aeletr ld_ n PLAIT IC Nano) C 4 R. BRUCE ZEST Lei krYJ ' / ,..' MARY BEST��/�V'�� •!olden fJ �!_._.- / ATTEST: TUCEA ^,L(l ielA) R'i(Lti/ 1/ (exAL1 O THOMAS NEWIERN \ hanatary(Cap.nN Inn 1// �^ ',y�Aen 1r. .?'K L��. �..rAL VrePRALT aM Ant!"y,' NORrII CAROI.iNA, ___ Swiss. \\\yl��,���--jL,.,,'/'��py}f///��^�����-'''""""""'''""" • . %? . I.a Nelarr►atilt N Do rn.l•end n Id,re,Ih Iht•.l'..1.1rf..'edFNL.r.f.'lwryl ! : 4 o y ', y i_�_. t ter!!n.Q.l..KA - ♦..(i7,41.14.4f(:� iLLI Goatee, ii , i i o;.1— 0 y, ;L 3 he...ID appeared Woe ne ran du ow AN•wNaLN1th�e Ofrullee et the..pain/IYINaNesl wllem Mr ♦ .a s /R._i "t . . re sj' '-0 -.rf.s,� p Iona sad Anklet,fanR n seal,this..p r of`�//jJJ'- {I� A/I _ _ •.,r s, `.. ley Ten napless eapie N:i�� '♦' le l.r�y. �( `�t{(y "DIY e.anr IlA4STAN/ NORTH CAROLINA, pasty. . L e N reSIN et tas Ce,nNy lea MN Ogee. (e.a that , Aaer••nWs tame aeNn no ION day and eaa..el.daed u N errn(aey M hMNa rw/eeauta,eed tau by seN•Nly dill ii.....e..the eel N the e.rpNWn,Ile lueaeine Noe O ISlaea ha a.no.ay Re 5 Panld.eI.toiled Ala lta e.rpeete aol and altiNed►y e Ns teeutory. MMus.my heed end*Metal Done.r net,Dale day of..r) II wr elsolmll..Nlee encl.. `\�j,�p(��.y L��( (7,/}NNlry►Public The farnae,Ce.....e ells ee..'.1' Ya. .Le}1t�,_�.--C .__VALAN.VL..1.. _t,Ir„_-•]-A 11.1.J.._(, ••,,j-)11._ v l�\''') Nl.n NNIMd 1•II.•Nect Tale Wlnene.l and ION...UMW ate duly raalrl.Nd et the Ale sad lsna tad In I Reek Sad Page Deena en Ile 0,Kttia.,101/4Q1 V 20 INN/y1 MNN. minima(Or paella rue COUNT} an (3T4Wkinl\' ReN(,AeaNNelT Bella.el nub T N C.UN Aens.:ern N.I O ITN,a,elwl P Intl ...ww.n.a r.....r.,,.rea e w e use Y y RECEIVED OCT 2 1 202? DCM—MHD CITY • Book 340 Pape 515 I- ---- st RA'TRNE.pp 41, DOWDY'S BAY ROAD '� ways BAY RD , (4S R/W) ASPHALT ROADWAY VICINITY MAP . ORIYE _ w HTS si ro N68'0O°' t S82'25'09'W I.IN• „ -'�—�- -.r. \ 43B s/e RE ENE e CG 74 16' • a CG ,1�576 05'34'W .. 2 NAA r1 a 04ih 538.63' • p ysv�`. - jp� IYATfRNEM OR - - P 7.i - ,p' r • IHogi V" �/ tialES -PROPERTY IS LOCATED IN A F,I.R.M. 3 ZONE AE(S')(aa..tcT TO CHANCE ey f C W A) (p I Y OO spa ws MOBILE -AREA -15,269eq.ft.(COORO) I �� 2 ENCLD9URE IY.e " ' HONE e Fc UPLAND AREA -10, 6eq.1t. 1 70 SETLAND AREA -4,563sq.ft. Z s LAMBERT -MIN. BUILDING LINES PER CURRENT � t C 94 / DB 893, PG 417 ZONING 13L , 5 -CURR. CO. PIN/ 0107-000-0037-0000 I /p h / 1 *4 15 D9 340, PG 516 // 1 r WETLAND CERTIFICATION L •‘/. WETLAND -�- UNE ',, .,,Ep THIS cERTIfIEs THAT 1MIS COPY of THIS IN At �F'e�// MAW ,PCs"_ ACCURATELY DEPICTS THE BOUNDARY OF THE / ` AAPoSOIC110N OF SECTION 404 OF THE CLEAN WATER / --' 1 �- AC t AS OE TERMIP&D BY THE UNDERSIGNED ON THIS / ....... MAX I DATE UNLESS THERE IS A CHANCE IN THE LAW OR h -- __._----_ /KM OUR PUBUS►ED REGULATIONS, THIS OETEIW NATION OF SECTION 404 JURISDICTION WAY BE REUED UPON FOR ..- •/ i/ / A PERIOD NOT TO OCCFED FIVE YEARS FROM /HIS DATE '// ///',/,, /`. !WETLAND Ts) THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE 00f�f ////I. AREA 1 V! REGIONAL SUPPLEMENT TO THE 1087 CORPS OF ENGINEERS /.// / el: NE TLANDS DELINEATION MANUAL /BAD RECU.ATORV OFTIOAL //`/ // I SHORE 20MW. V1 rinE:_ —�— -- ,//// /:I LINE DATE.. // /// e uuCE ACtION P---------- --_.--,--- '\//// / . .-...�....-•..�,,. euLA \ i`/ //i '— //// / //// / HEAD Q WON ROO/PIPC BULK /./.// /./ j /././///////j%8'—� • 1 0 NAA ""D SARTLETTS CREEK //�///�/�� ❑ WATER L[1ER / �_� Fc FIM91 GRADE WETLAND LINE //587'41'35'E 141' TO ENO R�IT wGNr Of WAY UNE BEARING D.95 _ ' _ NTs Not to SCALE IR-1 N74'05'11'E 7.95' ��b v q , 1-2 N74'05'11'E 22.57' 'd„ �! z� pi PRaRERn LINE 2-3 N69'34'47"E 21.79' a CENTER UK 3-4 N55 13'02'E 25.75' ' . LsNalsiii BULOWIC Lid 4-5 N1702'25"E 35.30' 4U6 1 - 2022 5-PL N1702'251 1.64' • SURVEY FOR: OM-.•EC L Hymn AMeI[Irc CERTIFY MAT UNDER NI THOMAS E. NEWBERN. SR. SI.PCIVISIOY EIS T VAS DRAWN FROI AN ACTUAL nit., ' . T44T BAUD OF PREC'HAS - J .' 4,1443.t. NW P.: %I'MM► LOT 16 rHls ;•,. :. • of r C. 'Al'''.fyr_tt- a IR[G S 1440. rroN PART OF LOGAN B. PUCH LANDS NO A S 08. J40. PG. 5(4/1fB. 1, PG. 85 `_ POPLAR BRANCH T1YSP. CURRITUCK CO. N. CAROLINA ' �..r se Aka 1;+30f 1 ns' 3570 I c fat 3570AI we B/28/14 r.Aw Y►.' 4 Pt4 . � L-3740 rNIE • � t. -.�,t.'• Emv Al 10 L CONING 1, Boi INIS MAr I'ActsG tIKS. O O0 O RECEIVED IH11 S(Xt NS.`'h"t' f.7U NO fKTS IIMT MA RECEIVED D 111- DISCLOSED It A FILL AND ACCURATE +rnE BARNL77E INTEGRATED LAND DEVELOPMENT SE ARDS P09 7150 KOH, NC 27945 (282)441-5154 1-0594 i 2 1 2022 DCrtA-MWD CITY oxE ----.1 RIATERMEW p1 TE DOWDY'S BAY ROAD 444, paws BAY RD (45'R/W) ASPHALT ROADWAY --/ VICINITY MAP NTS S/►VW •ORt� .OQann1~E i •Fa\ N68�, �vF — --___' z'25'D9-w \ . 74.78 pie NW MICE . • •Ft /]� 74 46' 576'05'34-W . a �11 � � � NAL RI CL • 538.83' N WAIERVEW DR - T�= d MOILS r LI iril 'au; -PROPERTY IS LOCATED IN A F.I.R.M. ' rn LONE AE(5')(UO.ECT TO CHANGE SY F E la A) $ - DECK 4 MOBR E 18 s� p PumP 111 HOME •re IRS -AREA -15,2B9p.k.(COORO) Q I ENCtOSHIE jy1V UPLAND AREA -10,7064q.ft. WETLAND AREA -4,563sq.k. Z S I ' LAMBERT 1 / DB 893. PG 417 -MIN. BUILDING LINES PER CURRENT r a ZONING N 4�, / -CURR. CO. PIN/ 0107-000-0037-0000 ) S / 1# •, la / F DB 340, PG 516 //��� / 96// i WETLAND CERTIFICATION L .`°/ WETLAND �` 1 5/II RS j'4-- LINE 1 THIS CERTIFIES THAT THIS COPY OF TENS PLAT •FG / � ` �'% ACCURATELY DEPICTS THE BOUNDARY OF THE / 11 .JJRISD.CTION OF SECTION 404 OF THE CLEAN WATER a ACT AS DETERMINED BY THE UNDERSIGNED ON THIS / --- BUMDATE. UNLESS THERE IS A CHANGE IN THE LAW OR �•- JD OUR PUBLISHED REGULATIONS. THIS DETERMINATION OF SA ECTION PERIOD NOT TO EXCEED FIVE YEARS FROM MAY BE RELIED �THISON FDATE ////i////. - /WETLAND I O THIS DETERMINATION WAS MADE uTIU21NG THE APPROPRIATE i DOCK ////; AREA ` W REGIONAL SUPPLEMENT TO THE 1987 CORPS OF ENGINEERS / // / i i —\ WETLANDS DELINEATION MANUAL J 'BASIN ' 1 REOU.ATORT DFT:1aaM.. // / 2', SHORE 2"91- nn.E: e//// //i LINE DAIS / //// e USAGE ACTION D: (� •////// ' ..- ....-...-...�... owc / 1'//// / '%// ,7.. LEGESI . NEA9/// -: / //// / // // .. M O *ON ROD/PRE f♦AAA / 1/. /,//e/ ,'///,/////// //i 8—' o• fora rEhR / PIM BARTLETTS CREEK i/i/�/�/i/, WETLAND LINE /S87.41'35-E Ft roast' GRADE 141` TO END A/R Flora of WAY UNE BEARING fDIST. r� ga NTS NOT TO SCALEtR-1 N74'05'11"E 7.95` r,a' ii ., 1-2 N74'05'11"E 22.57' ' Pt PROPERTY LINE 2-3 N89'34'47"E 21.79' Cl CENTER usir 3-4 N55'13'02"E 25.75' ummoor r w U IRE�OG 4-5 NiT02'25"E 35.30' um 5-PL N1702'25'E 1.64' r, NARY*rAAaETTr C[Riar owICN�rR NY SURVEY FOR. THOAAAS E. NEW9ERN, SR. a ij D SUPERVISION THIS AT VAS DRAWN rimAN $ "o::E. ACTUAL FTC nor RATIO O- O PRECIS '' MAT LOT 16 ti-Ac j:• r�-':c: TM PART OF LOGAN B. PUGH LANDS AIR ~ As are. 0d. 340, PG. ,'S14/b8. I. PG. 85 / POPLAR BRANCH TWSP. CURRITUCK CO. N. CAROLINA Ileac 1'+30` J Ns Po. 3570 moo Paz 3570A J OR 6/28/14 INA - L-siVo rHE • ` j ' �`- ATM AS TO 11,/ t WFNG , " i RCS MS O t O IDO INS - K.!re i.'XI ANT FACTS rimy NAr Belo E DISA03ED ri A F1tt ANo AL[tAPATE rrnr SEARtet INTEGRATED TEGRATBD LAND DEVELOPMENT POB 718Y Imll, NC 2794a (222)441-5154 F-0594 z * ' 0 11114 11 0 1111 11111 " 10 In .S 00 ' T V. al . git digs .. iiii A A. c=upck . 0,„ 1000 ••• ,. ... T. ww „, mIrAbis, 0 • ro .,;, 1p. AigtAmEtwiror •.y. ,:‘3/4t. ' ‘14 4\111 f- -I - • li Pw' VIVATIWI Sa Qr:e*ERT Al*, OW ISO" % WI 1111 golri 4:0 .,% . . • , 4$1!" if P4A ,. __ ‘' , +FiNksw iiiiitritotiriks. AS /------z.' n # ip iillit is 7--_iir;,-41;:mpp- 4 4 I I 147'4THr?fr,:cf,jsElsci7.1A,IIBTErRRN_J ((---1 i c.7,,, ,,„ 4 us isms,ma. 1111P italirower , I% AIL A 1144 / witi . s . 4111. 1f/ /4 \- 111 rAP CELTION !DID North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue,Govemor James H.Gregson,Dirc " ,Secretary r ( to/ Date July 28,2014 Name of Property Owner Applying for Permit: Thomas E. Newbem, Sr. RECEIVED Mailing Address: PO Box 368, Powell's Point, NC 27966 F E B 1 F. 2023 P P SECTION IVIHD I certify that I have authorized(agent) Ken Elliott to act on my behalf,for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct(activity) Bulkhead Construction, Dredge&Fill at(my property located at) 172 Dowdy's Bay road, Grandy, NC This certification is valid thru (date) July 1, 2024 July28, 2014 Property Owner Signature Date 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer-50%Recycled 110%Post Consumer Paper U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.2014-00668 County: Currituck U.S.G.S.Quad: Jarvisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Mr.Thomas Newbern Address: Post Office Box 413 Powells Point,North Carolina 27966 Telephone No.: (252)202-9258 Property description: The protect site is a developed lot adjacent to a man made navigational canal leading to the Currituck Sound. Size(acres) 0.34 Nearest Town Grandy Nearest Waterway Currituck Sound River Basin Pasquotank USGS HUC 03010205 Coordinates N 36.246259 W-75.872498 Location description The proiect site is located at 172Dowdys Bay Road in the town of Grandy in Currituck County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information,there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered final,a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this.notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation,you may wish to obtain a consultant. To be considered final,any delineation must be verified by the Corps. X The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. _ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S.,to include wetlands,present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. r�r r r ' " Page 1 of 2 F E B 1 C 2023 X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City,NC,at(252)264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§1311). If you have any questions regarding this determination and/or the Corps regulatory program,please contact Kyle Barnes at 910-251-4584. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Region Supplement and is part of a broad continuum of wetlands connected to the Currituck Sound. D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information(This information applies only to approved jurisdictional determinations as indicated in B.above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer,Wilmington Regulatory Division Attn:Kyle Barnes,Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington,North Carolina 27889 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by June 13.2014. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: _ett..mll'-41..C._ Date April 14,2014 Expiration Date April 14.2019 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 http://regulatorv,usacesurvev.cotn/ to complete the survey online. ``Zsir.�I �1� D I Copy furnished: Mr.Ronald Renaldi CAMA Page 2 of 2 F E B i 3 2023 VP SECTION MHD U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00668 County: Currituck County U.S.G.S.Quad:Jarvisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Thomas Newbern Sr r�; "" Address: Post Office Box 368 Powells Point,NC,27966 Telephone Number. (252)202-9258 F E B i t 2023 Size(acres) 0.34 Nearest Town Grandy Nearest Waterway Currituck Sound River Basin Albemarle-Chows '-'"*"'"nr"4 rup USGS HUC 03010205 Coordinates Latitude:36.24625 Longitude:-75.872498 Location description: Property is a residential located at the physical location of 172 Dowdys Bay Road in the town of Grandy,Currituck County,North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters,including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). The waters,including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).However,since the waters,including wetlands, have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands, at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S.,including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2014-00668 _ The waters of the U.S.,including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. _ The waters of the U.S.,including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on .Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City,NC,at(252)264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material, construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Krvstvnka Stvear at 910-251-4619 or Krvstvnka.B.Stvear(&,,usace.armv.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Reeional Supplement.This site is part of a broad continuum of wetlands connected to the Currituck Sound. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations(as indicated in Section B.above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW.Room 10M15 Atlanta,Georgia 30303-8801 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by NA. It is not necessary to submit an RFA form to the Division Office if you do not object to the det i tiap ja.t µs,,,.,,, correspondence. Corps Regulatory Official: F E B 4 3 2023 SECTION MHD SAW-2014-00668 Date: January 31,2020 Expiration Date: NA 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 our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?D=136:4:0. FEB 1 6 2023 MP SECTION tri D _ SAW'-2014-00668 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Thomas Newbern File Number: SAW-2014-00668 Date: January 31,2020 Attached is: See Section below INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A PROFFERED PERMIT(Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/Civil Works/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT:You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. RECEIVED FEB " F. 2023 P SECTION MH"� SAW-2014-00668 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD(which may be appealed),by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division, Mr.Philip Shannin,Administrative Appeal Review Officer Attn: Krystynka Stygar CESAD-PDO 2407 West 5th Street U.S.Army Corps of Engineers,South Atlantic Division Washington,NC 27889 60 Forsyth Street,Room 10M15 Atlanta,Georgia 30303-8801 Phone:(404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn:Krystynka Stygar,2407 West 5th Street,Washington,NC 27889 For Permit denials,Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn: Mr.Philip Shannin, Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 rn:c ENE D FEB 1 E 2C23 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD:January 31,2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD:Thomas Newbern,PO Box 368,Powells Point,NC 27966 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington,Newbern,Thomas/Currituck/PreAp,SAW-2014- 00668 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BE OW TO DOCUMENT SITES) ULTIPLE AQUATIC RESOURCES AND/OR AQUATIC State:NC County/parish/borough:Currituck County City: Grandy Center coordinates of site (latllong in degree decimal format):Lat.: 36.246259°Long.:-75.872498° Universal Transverse Mercator: Name of nearest waterbody:Currituck Sound E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date:January 31,2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource review area(acreage wetland vs.non- "may be"subject(i.e., and linear feet,if wetland waters) Section 404 or Section applicable 10/404) RP1EM 36.246284 -75.872454 0.079 Wetland Section 404 FEE " ?J MP SECTION 1HD 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit(NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit applicant has elected to seek a permit authorization based on a PJD,which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD;(6)accepting a permit authorization (e.g.,signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and(7)whether the applicant elects to use either an AJD or a PJD,the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If,during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area,the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: F E B 1 G 2023 � 710 1 SUPPORTING DATA. Data reviewed for PJD(check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Ken Elliott for Thomas Newbern ❑Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ® Data sheets prepared by the Corps:K.Barnes 04/14/2019 0 Corps navigable waters'study: ® U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data. ❑USGS 8 and 12 digit HUC maps. ❑U.S.Geological Survey map(s).Cite scale&quad name: ®Natural Resources Conservation Service Soil Survey. Citation:NRCS WebSoilSUrvey ®National wetlands inventory map(s). Cite name: Reference Only :NWIMapper: USACE Simsuite ❑State/local wetland inventory map(s): ❑FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ['Photographs: DAerial(Name & Date): or(]Other(Name&Date): ® Previous determination(s). File no. and date of response letter: SAW-2014-00668 ,04/14/2014 ❑Other information(please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Signature and date of person staff member completing PJD requesting PJD(REQUIRED, unless obtaining the signature is impracticable) 1, ,C fit€s-�D I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. F EE <i' ,prp TNNr�pA./ k www.arhs-nc.org il Permit: 290548 U o'AtntMM Rci &At.Ht1t.•rHSLRtitcts Currituc ._ PIN: 010700000370000 Partners in Public Health REPAIR Owner: Applicant: LIAR: 0.600 NEWBERN THOMAS SR THOMAS NEWBERN JR Water: PUBLIC PO BOX 368 PO BOX 413 TYPE III C. POWELLS POINT, NC 27966 POWELLS POINT, NC 27966 SINGLE FAMILY C r .,K -� GPD: 360 Location: I j 172 DOWDYS BAY RD 1 I 1:'n;1.1\ —f i I I 5� 4-; c, G,c" ,11, ki,1'4-h lir (S ) N -7 0') — —- — ' -- - fi i I i .n o L I o�e 4' --4-\- c ;n SF i" iiG�-(\ k (I� tnCkt / W Ke � s�,} `,um 50 + ,vr,�-, ' - - _'°_ 1 v c ( � \_%�-C,,Ck; Q\�\,r\ '1 I- 1 l I d_ 1 , 1 4 3 w �� r"t I0'r ! qi ; ; " 11 I 1 FEB ^ Ac- ,0, r l _ _ i 101 70 r7x 5vIoi, �lor MPSECTION MID `. trcik?,5 "��{ t o fZO . Authorized Agent: /� �.' Date: 11/05/2019 Carver, Kevin Approved: Date: The Great V ism.aCSwamp RestorationBank, CCC P. O. Box 6186 Phone(757) 487-3441 Chesapeake. VA 23323 Fax (757) 487-8680 February 15, 2023 Mr. Ken Elliott Elliott Environmental ken@kenobx.com Permittee: Thomas Newbern Dear Mr. Elliott: The following price quote is given in reply to your request for the purchase of 0.08 Riparian and/or Non-Riparian wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp Restoration Bank - Timberlake Farm.These credits are currently available from our Timberlake mitigation bank. The cost will be Two Thousand, Eight hundred Dollars ($ 2,800.00). This quote will expire on May 31, 2023. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project#: Application Pending Waterway Permittee Name: Locality of Impact: Currituck County, NC Permit action (i.e., IP, NWP-39,enforcement,etc.) Impacts(acres/linear feet): 0.04/Anticipated Requirement:0.08 Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for allowing us to quote this project. We look forward to working with you. Sin erely, 6 Beverly M. to Manager— ounting/Sales GDSRB ' "" ''�° 7-' CC: File F E B 4 % ;`'3 North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue,Governor James H.Gregson,Director Dee Freeman,secretary Date July 28, 2014 Name of Property Owner Applying for Permit: AUG 1 - 2022 Thomas E. Newbem, Sr. ate. Mailing Address: PO Box 368, Powell's Point, NC 27966 I certify that I have authorized(agent) Ken Elliott to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct(activity) Bulkhead Construction,Dredge &Fill at(my property located at) 172 Dowdy's Bay road, Grandy, NC This certification is valid thru (date) July 1, 2024 6iLo July 28,2014 Property Owner Signature Date RECEIVED OCT 2 1 2022 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement,net")CM-MHD CITY An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Alit: ,Action Id.2014-00668 County; Currituck U.S.G.S.Quad: Jarvisburg - 2322 NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Mr.Thomas Newbern Address: Post Office Box 413 Powells Point,North Carolina 27966 Telephone No.: f252)202-9258 Property description: The protect site is a developed lot adlacent to a man made navigational canal leading to the Currituck Sound. Size(acres) 0_34 Nearest Town Grandy, Nearest Waterway Currituck Sound River Basin Pasquotank USGS HUC 03010205 Coordinates N 36.246259 W-75.872498 Location description The project site is located at 172Dowdys Bay Road in the town of Grandy in Currituck County, North Carolina. Indicate Which of the Following Amply: A. Preliminary Determination Based on preliminary information,there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army(DA)jurisdiction. To be considered final,a jurisdictional determination must be verified by the Corps. "Chic preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification, X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this.notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload,the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation,you may wish to obtain a consultant. To be considered final,any delineation must be verified by the Corps. X The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification, _ There are no waters of the U.S.,to include wetlands,present on the above described property which are subject to the petrrrit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. RE-GEty t Page l of 2 OC' 7 LC 21 pCM"Mw� GVTsi X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Elizabeth City,NC,at(252)264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). If you have any questions regarding this determination and/or the Corps regulatory program,please contact Kyle Barnes at 910-251-4584. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Region Supplement and is part of a broad continuum of wetlands connected to the Currituck Sound. D. Remarks E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as Indicated in B.above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer,Wilmington Regulatory Division Attn:Kyle Barnes,Project Manager, Washington Regulatory Field Office Post Office Box 1000 Washington,North Carolina 27889 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 3 31,5,and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by June 13,2014. **It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence.** � I Cotes Regulatory Official: Date April 14,2014 Expiration Date April 14.2019 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 http://reg.ulatory,ttsucesurvey.com/ to complete the survey online. Copy furnished: Mr,Ronald Renaldi cAMA RECEIVED Page 2 of 2 OCT 2 1 Zr: MHD Gfty U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2014-00668 County: Currituck County U.S.G,S.Quad:Jarvisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Thomas Newbern Sr Address: Post Office Box 368 Powells Point,NC,27966 tm ) - 2022 Telephone Number: (252)202-9258 Size(acres) 0.34 Nearest Town Grandy ��I V , Nearest Waterway Currituck Sound River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude:36.246259 Longitude:-75.872498 Location description: Property is a residential located at the physical location of 172 Dowdys Bay Road in the town of Grandy,Currituck County,North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). The waters, including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an approved JD,which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).However, since the waters,including wetlands, have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands, at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 RECEIVED OCT 2 1 202? DCPw'yDCITY SAW-2014-00668 _ The waters of the U.S.,including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on .Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAM A). You should contact the Division of Coastal Management in Elizabeth City,NC,at(252)264-3901 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material, construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Krystynka Stygar at 910-251-4619 or Krystynka.B.Stygar(usace.army.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coast Regional Supplement.This site is part of a broad continuum of wetlands connected to the Currituck Sound. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations(as indicated in Section B.above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin,Appeal Review Officer 60 Forsyth Street SW,Room 10M 15 Atlanta,Georgia 30303-8801 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by NA. It is not necessary to submit an RFA form to the Division Office if you do not object to the determinNia}le this, correspondence. ��.• Ip tzu OCT 21Ma Corps Regulatory Official: DCM-MHD CITY SAW-2014-00668 Date: January 31,2020 Expiration Date: NA 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 our Customer Satisfaction Survey,located online at http://corpsmapu.usace.armv.mil/cm__apej i'?p=136:4:0. RFCEIVEr.. AUG 1 - 2022 CM RECEIVED OCT 212022 DCM-MHD CITY SAW-2014-00668 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Thomas Newbern File Number: SAW-2014-00668 Date: January 31,2020 Attached is: See Section below (� INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D E PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.annv.ntil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: I f you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: if you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. RECEIVE`s. @C1 2 I �CI► �"' .Y �{ SAW-2014-00668 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division, Mr.Philip Shannin,Administrative Appeal Review Officer Attn: Krystynka Stygar CESAD-PDO 2407 West 51" Street U.S.Army Corps of Engineers, South Atlantic Division Washington,NC 27889 60 Forsyth Street, Room 10M 15 Atlanta,Georgia 30303-8801 Phone:(404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Krystynka Stygar,2407 West 5'h Street,Washington,NC 27889 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S. Army Engineer Division, South Atlantic,Attn: Mr. Philip Shannin, Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street, Room 10M15,Atlanta,Georgia 30303-8801 Phone:(404) 562-5137 RECEIVED ` ,.-) AUG 1 2022 OCT 2 1 20",-2 DCM-MHD CITY PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: January 31,2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Thomas Newbem,PO Box 368,Powells Point,NC 27966 C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington,Newbem,Thomas/Currituck/PreAp,SAW-2014- 00668 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:NC County/parish/borough:Currituck County City: Grandy Center coordinates of site (lat/long in degree decimal format):Lat.:36.246259°Long.:-75.872498° Universal Transverse Mercator: Name of nearest waterbody:Currituck Sound E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date:January 31,2020 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Site Latitude(decimal Longitude Estimated amount of Type of aquatic Geographic authority to Number degrees) (decimal degrees) aquatic resources in resources(i.e., which the aquatic resource review area(acreage wetland vs.non- "may be"subject(i.e., and linear feet,if wetland waters) Section 404 or Section applicable l0/404) RPIEM 36.246284 -75.872454 0.079 Wetland Section 404 RECEIVED DECEIVED A06 1 - 2022 OCT 21202? DCM-EC OCM-MHD CITY 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit(NWP) or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (I)the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3)the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and(7)whether the applicant elects to use either an AJD or a PJD,the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If,during an administrative appeal, it becomes appropriate to ►nake an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: RECEIVED OCT 2 1 202 DCM-MHD CITY SUPPORTING DATA. Data reviewed for PJD(check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Ken Elliott for Thomas Newbern ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ® Data sheets prepared by the Corps: K. Barnes 04/14/2019 ❑ Corps navigable waters'study: ® U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑U.S.Geological Survey map(s).Cite scale&quad name: ® Natural Resources Conservation Service Soil Survey. Citation:NRCS WebSoilSUrvey ®National wetlands inventory map(s). Cite name: Reference Only : N WlMapper : USACE Simsuite ❑State/local wetland inventory tnap(s): ❑FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ❑Photographs: ❑Aerial (Name & Date): or❑Other(Name&Date): ® Previous determination(s). File no. and date of response letter: SAW-2014-00668 04/14/2014 ❑Other information(please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Aite Signature and date of Regulatory Signature and date of person _ staff member completing PJD requesting PJD(REQUIRED, F fl F 1\ E unless obtaining the signature is impracticable)' AUG t - 202, DCM-E I Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ��++ R.ECE V _ OCT 21 2022 DC"A-R4wn ( rry www.arhs-nc.org Permit: 290548 RECEIVED Currituck AiMMAxfr R[GIo'.L HIACrII StRtiicrs PIN: 010700000370000 Palms n Public Health REPAIR AUG - 2022 Owner: DC!ViWE7C Applicant: LTAR: 0.600 NEWBERN THOMAS SR THOMAS NEWBERN JR Water: PUBLIC PO BOX 368 PO BOX 413 TYPE III C. POWELLS POINT, NC 27966 POWELLS POINT, NC 27966 SINGLE FAMILY ,-- ( ;•1q K - - • GPD: 360 Location: 172 DOWDYS BAY RD 1 iE,n,-t- en;,^ I i Z ;n`.hk, : Pc .:;NY1a otkln — S`i II n0 0,9 -hc » 1DG:n�� s-,;r, N.;‘ry 1it't -- y %{-- 'I"G?\ I'\l_ - (IT inch%5, 7 S W L a (� ri r` 1,c3 C�`� \.. V C�-.)JVR, s)rl--Int �{;` clr6,�`k., (,t:7,r. t� OP n ,__ C_ \l. 1 f �7 tl 1 tf -J 1 1k �. 1 I t 1 1:sitC —__—>1 l t'If- c� , _ _i i/Dif 7 . x 50 I I . l tl c hti.5 I -------t 115 Authorized Agent: / .: Date: 11/05/2019 Carver, Kevin RECEIVED Approved: Date: OCT 2 1 2022 DCM-MHD CITY li:11.11 NC Division of Coastal Management g 6 6 2 C D Cashier's Official Receipt Date: 20 !i Received From: Al( Levi` vV«U`r'"'1 y 710 � $ 6 D Permit No.: G/ .e/ '� ,ray/o✓ --C L 7 fo j "h / Check No.: Applicant's Name: / sAn°., €4-- 74 (Tx-- Count 4,-,/4 l/C- Y: �T� aw / � ,��. i 61 Project Address: �/ / Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: c �'C�f` Date: 7 l'Z7// Signature of Field Representative 6 Ji thil Y:0)-11 Date: 7/0/� RECEIVED OCT 2 1 2022 DCM-MHD CITY MAJOR PERMIT FEE MATRIX Applicant: Thomas Newbern Selection Development Type Fee DCM% DWQ% (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100%($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100%($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0%($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General $400 100%($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097 (see attached)could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) 4097(see attached)cannot be applied: IV. For development that 111 involves the filling and/or $475 60%($285) 40% ($190) excavation of more than one acre of wetlands and/or • open water areas: EvCl`CIVFI" OCT 2 1 202? :- STA7F 4::. ROY COOPER r) V Governor j r ELIZABETH S.BISER '` ' Secretary . .yos* BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality October21, 2022 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnarPncdenr,gov SUBJECT: CAMA/Dredge &Fill Application Review Applicant: Thomas Newbern, Sr. Project Location: 172 Dowdy's Bay Road, Grandy in Currituck Proposed Project: Single-family dwelling, shoreline stabilization, dredge an existing basin and construction of boathouse and 3 piers Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 11, 2022. If you have any questions regarding the proposed project, contact Robert Corbett(252-264-3901, ext. 233) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINT NAME AGENCY SIGNATURE DATE RECEIVED - . .. .- - OCT 2 1 2022 DGII�—MHD CITY D E Q North Carolina of Quality I Division of Coastal Alanagement Elizabeth City ODefficepartment 1401 SouthEnvironmental Griffin Street.Suite 300 I Elizabeth City,North Carolina 27909 M D S\ 252.264.3901 12,1 \( 1 RI 111 11 I)I 1121131 I IO\ sill l i FOR I'122/.II ( I ( 011\11.\ I DCM Coordinator: Greg Bodnar Distributed Yes® No O Applicant: Thomas Newbern,Sr. Distribution Date: 10/21/2022 AGENCY ECRO Community Development/LPO Debbie Lashomb—Currituck DCM Planner Charlan Owens Eliz City US COE: Josh Pelletier Community Assistance Lee Padrick (Beaufort,Carteret, Craven, Eliz City, Pamlico, Washington) Cultural Resources Renee Gledhill-Earley Div.of Water Infrastructure (No longer public Water Supply) Clif Whitfield Marine Fisheries James Harrison NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Andrew Haines Mike Moser State Property Wanda Hillard DEMLR/DWR: Sheri Montalvo DEMLR Sediment& Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Glenn Stewart WRC Maria Dunn(WARO) National Heritage Program Rodney Butler RECEIVED OCT 2 1 2022 DCM-MHD CITY Revised:6/29/2018 ** This is a word processing form to be completed in Microsoft Word"' NC Division of Coastal Management Major Permit Application Computer Sheet (10-19-2022) Applicant: Thomas Newbem Date: 10-19-2022 Project Site County:Currituck Staff. Robed Corbett District: ®Elizabeth City ❑Washington ❑Morehead City ['Wilmington Project Name: Thomas Newbem Project Rover File: Date of initial application submittal(EX: 1/8/2007): 4/11/2022 Date application"received as complete"in the Field office(EX: 1/8/2007): 10/19/2022 Permit Authorization:❑CAMA ❑Dredge&Fill ®Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes Z Non Setback Required(riparian): ®Yes ❑ No Critical Habitat:❑Yes ZNo ❑Not Sure 15 foot waiver obtained:®Yes ❑No Hazard Notification Returned: ❑Yes ZNo SAV:®Yes ❑No Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary impacts: ®Yes ENO Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use classification come from Mitigation Required(optional): county LUP:®Yes ❑No ❑Yes ZNo Moratorium Conditions: ❑Yes No Environmental Assessment Done: ❑NA ❑Yes ❑No®NA SECONDARY WATER CLASSIFICATION—OPTIONAL (choose MAX of 4) ❑ Future Water Supply(FWS) ❑ Nutrient Sensitive Waters(NSW) ❑ Swamp Waters(SW) ❑ High Quality Waters(HQW) ❑ Outstanding Resource Waters(ORW WETLANDS IMPACTED Z (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) Salt reed grass(Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass(Distichlis ❑ (SC) Bulirush or three square (Scirpus ® (TV)Cattail(Typha sp.) spicata) sp.) Z (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass(Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required-$0.00 ❑ 111(A) Private w/D&F up to 1 acre; ® ill(D)Priv.public or comm w/D&F to 1 3490 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 ❑ 111(B)Public or commercial w/D&F to 1 ❑ Express Permit-$2000 acre;3490 can be applied-$400 ❑ Major development extension request- ❑ 11. Public or commercial/no dredge $100 and/or fill-$400 ❑ 1. Private no dredge and/or fill-$250 ❑ 111(C)Priv.public or comm w/D&F to 1 acre;3490 can be applied;DCM needs DWQ agreement-$400 RECEIVED 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: Nov. 2012 OCT 2 1 lu& DCM-MHD CITY NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Thomas Newbem Date: 10/19/2022 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 ActivityName Number Choose Choose Dimensio Dimension 1 Dimension 2 Dimension 3 One One n 4 Boardwalk 1 New Work® Replace 83' 4' Maint❑ ®Y ID New Work® Replace 26 24' -3.5' Boat Basin 1 Maint❑ ®Y ❑ N 1 Boat Slips 1 New Work® Replace 2 Maint❑ ❑ Y ®N Boat House 1 New Work® Replace 28' 22' Maint❑ ❑ Y ®N Bulkhead 1 New Work N Replace 212' 1' 1' (Vinyl) Main!❑ ❑ Y ® N Fill Basin 1 New Work® Replace 43' 30' 4' Mainf❑ ❑ Y ®N High Ground 1 New Work® Replace 100' 120' Disturbance Maint❑ ElYE)N Pier 1 New Work® Replace 16' 3' Mainf❑ ❑ Y ❑ N Platform 1 New Work❑ Replace 20' 4' Mainf❑ ❑ Y ❑ N Platform 1 New Work® Replace 48' 4' Maint❑ ❑ YElN Res. Bldg 1 New Work El Replace 34' 52' (Single family) Maint❑ ❑ Y El N Spoil 1 New Work® Replace 90' 80' Mainf❑ ❑ Y ®N New Work❑ Replace Mainf❑ [' YEN New Work❑ Replace Maint❑ ❑ Y ❑ N New Work❑ Replace Mainf❑ ❑ Y ❑N New Work El Replace Mainf❑ ❑ Y ❑N New Work❑ Replace Mainf❑ ❑ Y ❑N New Work❑ Replace Mainf❑ ❑ Y ❑N New Work❑ Replace Maint❑ ❑ Y ❑N New Work❑ Replace Mainf❑ ❑ Y ❑N aitUEIVED New Work❑ Replace Mainf❑ ❑ Y ❑N 1 ?02? New Work Cl Replace Maint❑ EVEN LJ u - Y revised Nov.2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Thomas Newbem Date: 10/19/2022 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount) Shallow Bottom Dredge❑ Fill❑ Both El Other ® 2,030 2,030 Shoreline Dredge❑ Fill® Both ❑ Other ❑ 212 212 Open Water 866 866 Dredge❑ Fill❑ Both ❑ Other Non-Costal wetlands Dredge❑ Fill Z Both ❑ Other ❑ 6,098 6,098 Highground Dredge❑ Fill® Both ❑ Other ® 9,444 9,444 Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge 0 Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge❑ Fill❑ Both ❑ Other ❑ Dredge El Fill❑ Both ❑ Other ❑ RECEIVED OCT 2 1 2022 CCM_MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: Nov. 2012 a M,e14 i.,nr ROY COOPER Governor ' '~ ELIZABETH S.BISER '., .. Secretory 41 � BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality August 11, 2022 Kenneth Elliott Elliott Consulting 17 17 r'A r r%if 7.,7Lin POBox112 Aydlett,NC 27916 AUG 2 2 '/u22 Re:Thomas Newbem SR.CAMA Major Permit Application Dear Mr. Elliott: UI P SECTION T ' On July 12, 2019, the NC Division of Coastal Management acknowledged receipt of your preliminary application submitted for Thomas Newbem Sr. for a project located in Grandy, Currituck County. An initial screening of the submittal package was conducted, which revealed certain deficiencies that required your attention. The entire original application was returned to you,with an office copy retained for Robert Corbett to review. On April 11, 2022,our office received documents for your re-submittal of the application for Thomas Newbem Sr. Another screening of the submittal package was conducted, which revealed additional deficiencies that required your attention. On August 1,2022,and August 5,2022 our office received documents for your re-submittal of the application for Thomas Newbem Sr. My subsequent review has revealed that the application for Thomas Newbem is still incomplete. My office must receive the following data before the Major Permit Application can be accepted as complete: 1. Regarding the project narrative,the first paragraph in Phase 3 indicates that the 4'wide pier running parallel to the Stoeck property is 9 feet from the property line. DCM MP-4#7(a) indicates that it will be 5 feet from the property line and the submitted plans also indicate a 5' distance. Please confirm and correct. 2. While a scoping meeting for the project, in which representatives of the NCDWR were present satisfying new federal regulations adopted by the U.S. Environmental Protection Agency, occurred on September 16, 2019, there is still a requirement that that the following two statements must be included at the end of your CAMA project narrative: 1. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. 2. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. DENorth Carolina Department of Environmental Quality ; Dlvision.of Coastal Management ►�f/ Elizabeth City Office 14C1 South Gr#fih Street,Suite 300 I Elizabetkt City,North Carolina 27909 b. ro. er ,uaawa� /`�v 2522643901 Kenneth Elliott August 11,2022 Page 2 of 2 3. Regarding the proposed boat house, clarification is needed for the following: • Within Phase 4 of the narrative, it is stated that the"applicant desires to construct a 20-foot long by 24-foot wide shelter roof." It goes on to state "Roof overhang will not be over the walkway or western pier. Rainwater from the drip edge of the roofline will fall directly to the water below." • Within application form MP DCM-4 #'s 3(a) & 8(a) it is stated that the "Applicant wants to construct....a 28'wide by 22'long... Shelter roof will be 28'wide dripline to dripline,covering 26'wide boat basin with eaves extending 1'over land each side. Roof will be 22'long dripline to dripline, ... with eave extending 1'over land on north end." • On page 5 of 15 of the submitted site plans, the proposed boathouse is labeled "Shelter Roof 20' L x 24' W, 480 sf No Walkway Overhang" Please clarify these discrepancies and correct the appropriate form(s)so they are all the same. 4. The Adjacent Riparian Property Owner(ARPO) notification form submitted via email on August 5, 2022 for Cathy Stoeker has an issue.Within the waiver section she indicated with her signature that she both did wish to waive the 15'setback and initialed that she did not wish to waive the 15'setback. We will need a signed ARPO form indicating only one of the two choices. It is also noted that you provided CAMA General Permit notification forms, which do not indicate that the ARPO has 30 days to comment on CAMA Major Permit projects (general permits = 10 days to comment).These forms can be accepted since they are signed with no objection indicated,but future projects will require the appropriate CAMA Major Permit ARPO form. if you have any questions regarding this correspondence or the permit process, please don't hesitate to contact me. Sincere' Ron Renal District Manager Division of Coastal Management cc: Robert Corbett, Field Representative, DCM, Elizabeth City Gregg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Thomas Newbem Sr., Applicant RECEIVED I:,Ll r 2 2 2022 rAP SECTION 3m THOMAS NEWBERN PROJECT 172 DOWDY'S BAY ROAD, GRANDY, CURRITUCK COUNTY, NC 27939 POST-CONSTRUCTION VIEW (MINUS PIER SHELTER ROOF) oPP / dD P -, i• or N/F ♦% N/F ...."'..,' THOMAS E. • ANDREW JAMES LAMBERT NEWBERN, SR.♦♦ (DB 893,PG.417) (DB 340,PG.514) • • •-° / \ • / ♦ \ - \ • � NOTES ' ♦ / \ kt, 1 PARCEL SIZE=15.524 sq.ft. 2.75'AEC COVERAGE=7,575 sq.ft.(48 80%) N/F ♦♦ m 2.PROPOSED PARCEL IMPERVIOUS COVERAGE=2,792 sq ft.(1799%) ♦ 3 PROPOSED 75'AEC IMPERVIOUS COVERAGE=2.254 sq.ft(29 76%) CATHY A. ♦ .t \a STOECKER ♦�a ` N� S try * \ CI 'Pi I • • ♦ ♦ Ti. \ USACE DELINEATED ♦ WETLANDS L W ♦ A ♦ % PSG •........... \ •., ♦ 34'X 57 i STOECKER ♦ \ HOUSE \ RESIDENCE ♦ \ .... . \ 6'WIDE x 75'LONG II \ / ',♦ GRASS LINED---. . \ IMPERVIOUS i' ♦ SWALE ♦ \ CONCRETE / ♦♦ ♦ \ 024 si J ♦ ♦ '' • i\ '' : % UNDISTURBED ♦ / I '!' Ems- COASTAL ♦ \ / _ ......r / ♦ WETLANDS ♦ \ ♦ \ 6V UiSTURBED ♦ �/ 30 GPMP / / WETLANDS �4. v� %.•_..\ UAL' / l (1I4 • ♦♦ \\ ✓ ,� i// ,��� ♦ \ \ /j m� BREAK ♦ \ / ; WATER OUT RIPRAP BLDG ROCK BAFFLE ♦♦ i\\ // 1 (SEE DETAIL SHEET) ♦ s ` / 1 BREAKWATER I SWALE DISCHARGE VP (gy BARTLETT'S CREEK • . 10 0 DOCK FFR " %(';93 30 0 16 30 60 A NOTE:THIS MAP IS NOTA CERTIFIED 14� � �� � i i=# SURVEY AND HAS NOT BEEN REVIEWED (IN FEET) BYA LOCAL GOVERNMENT AGENCY FOR 11nch=30 ft cc COMPLIANCE WITH ANY APPLICABLE Z LAND DEVELOPMENT REGULATIONS. MAP BY ELLIOTT CONSULTING FEBRUARY 14,2023 PAGE 6 OF 15 THOMAS NEWBERN PROJECT GRANDY, CURRITUCK COUNTY, NORTH CAROUNA DETAIL SHEET 1 OF 7 TYPICAL BULKHEAD CONSTRUCTION, END VIEW Diagram E 22nsulting July 15iott,2022 Erosion Escarpment Waler Soldier Pile Sheathing Bolt ■ '� _�— Filter Cloth Tie-rod • ;k"' Normal High Water -------Y- --..Anchor Pile Normal Low Water .M, ridik PPM/ ,41 RECEIV ii FEB ° 0 MP SECT!OiN MHD NOTES: EL +2' © 2"X6" DECKING .60# S4S 2"X8" STRINGERS .60# D2E OO 2"X8" HEADERS .60# D2E NEW PILES 8"0 x16' 2.5#CCA 8' o.c. 4, 0 EL. +4.00 NTS p Nam, 3/4"0 THRU- BOLT (TYP) ASTM A-153 NWL DEPTH VARIES 3.0' -54.0' NEW PILES \� 6"0 X 16'L 2.5#CCA 10' O.C. ALL PILES HAVE A MINIMUM OF 50% PENETRATION (TYP) �* .. {y� SCALE: �' `"� g THOMAS NEWBERN PROJECT NTS GRANDY, CURRITUCK COUNTY, NORTH CAROLINA FEE DETAIL SHEET 2 OF 7 TYPICAL DOCK CONSTRUCTION, END VIEW • i S L.N.0 Diagram by Elliott Consulting July 15.2022 PAGE 8 OF 15 TO CENTER LINE CREEK A A 8.0(TYP.) -----÷A - EDGE OF DECK - EW PILES AT FRONT OF DOCK 8"Q x16' 2.5# CCA (TYP.) 2" x6" DECK .60# CCA 2" x 8" STRINGERS D2E (TYP.) S4S (TYP.) .60# CCA 2.0' MAX ON CENTER --------2" x 10" HEADERS D2E (TYP.) .60# CCA (BOLT TO PILES FRONT & REAR) NEW PILES AT REAR OF DOCK ( \\. /7 6"0x 16' 2.5# CCA (TYP.) -- — A La _c__ _ ....„.„ _.___________ __ , \ _ 10' (TYP.) FROM %- SCALE: pi, C EVE,,. TOP OF BANK TO NTS DECK EDGE THOMAS NEWBERN PROJECT FEB I -023 GRANDY, CURRITUCK COUNTY, NORTH CAROLINA DETAIL SHEET 3 OF 7 Diagram by Elliott Consulting LIP SECTION rilHD TYPICAL DOCK CONSTRUCTION, PLAN VIEW July 15,2022 PAGE 9 OF 15 +i 10 I l NW' 1 I AI t F E B 1 . `'<<23 .gP SECTION P,11110 THOMAS NEWBERN PROJECT GRANDY, CURRITUCK COUNTY, NORTH CAROLINA DETAIL SHEET 4 OF 7 TYPICAL SHELTER ROOF CONSTRUCTION Diagram by Elliott Consulting July 15, 2022 PAGE 10 OF 15 Sediment Fence (Silt Fence)Construction Details: Practice Standards and Specifications 6.62 Thomas Newbern Project—Detail Sheet 5 of 7 Grandy,NC Currituck County w�. t CfGT7'$eLteM1 V.ew ♦ fJra pas! fatx+c 8or4;1 a :,•••• Aht,,sd pvse anJ cv.p:.-� 4't'nd •4 cc.c va.d .!` 74" re +!yh_ fir._ 1 .• �` rse...sr r A temporary permeable barrier erected on small, disturbed areas to capture sediment from sheet flow. It is made of filter fabric buried at the bottom, stretched, and supported by steel posts. Planning:Silt fence will be installed along the Stoecker property line. Narrow width of fenced area will allow only shallow pools to form behind fence while promoting deposition of sediment and preventing sedimentation into adjacent wetlands. Ends of fence will be curled uphill in "J" pattern to prevent end flow. Stabilized outlets will be provided to protect the fence system and release storm flow that exceeds the design. Design considerations:Silt fence will be constructed of extra-strength synthetic filter fabric. Height of fence will not exceed 2 feet above natural ground level and will be constructed from a continuous roll to minimize joints. All joints will be fastened at a support post with 4 feet minimum of overlap. Extra-strength filter fabric will be fastened to road side of steel posts(installed 2 feet deep)every 6 feet(every 8 feet if using standard strength filter fabric with wire mesh backing) and fastened with wire ties. Trench will be excavated along inside of fence approximately 4 inches wide by 8 inches deep, into which 12 inches of fabric will be placed along the bottom and side of the trench. Trench will be backfilled and compacted. Maintenance: Inspect sediment fence every week and after each rainfall. Make any required repairs immediately. Replace any collapsed, damaged,or decomposed fence promptly. Remove all fencing materials and unstable sediment deposits and bring the area to grade and stabilize it after the contributing drainage area has been properly stabilized. R CE!If".. . 7 Ken Elliott, consulting r t U �P23 July15, 2022 F�=.s�� .SEtea:.CT ON MHD l Page 11 of 15 Dredging Detail Thomas Newbern Project—Detail Sheet 6 of 7 Z(z,,(z Grandy, Currituck County, NC �2 e7fj Once bulkhead construction is complete, the applicant plans to dredge the remaining.'--ft long by 26-ft wide boat basin down to a depth of 3.5 feet below normal water level,which is the existing connective depth of the boat basin to Bartlett's Creek. Currently the average depth of the basin remaining after bulkheading from normal water level to bottom muck is 2.85 feet. NWL ;`� I f -,tegaer RRENT BOTTOM DEPTH z8$.f_r fiEtAN NwL,— MAXIMUM DREDGING CONNECTIVE DEPTH-3.5 FT BELOW NWL g G I The applicant is proposing to dredge approximately 0.65 feet depth of muck from the bottom of the boat basin so that the average finished depth will be approximately 3.5 feet. With 1:1 sloping around the edges dredging will remove approximately 21 cubic yards of muck from the basin bottom. Equipment used for dredging will include an excavator or backhoe. Associated equipment will include a skid-steer loader or tractor for moving and spreading the spoil. The applicant is planning to use the spoil onsite for land enhancement behind the CAMA 30-ft buffer. Spoil fill will be retained by, and adjacent properties will be protected by, temporary silt fence established along the Stoecker property line, and by the new bulkhead construction along the Lambert property line. Once filling behind the bulkhead is complete,the applicant will grade and level the land and' plant groundcover. Applicant is also proposing construction of 22 ft length of corrugated vinyl breakwater along eastern side of boat basin to promote water flow into adjacent wetlands. Breakwater will have minimum 1- in wide by 18-in long slots cut into vinyl sheathing .WRUgA1Eo wAK .D--- every 18 inches. When installed, approximately nine 4. inches of the slot will be below NWL to allow water J yIl -- flow between basin and wetland area. [l I 1 Yw.trLwTeLaT it 50E YEW OEM C ORRuDATED NkTL BREAKWATER m�MAATrRrGcwsiaTs a r Ken Elliott,consulting 1KWI CL'T 61413 t Mew f�►i�- �-- �`^ February 23, 2023 INSTALLED WRM'5LF OF SLOT BELON MY F E B 2 .^ 2023 Page 12 of 15 MP SECTION MIID Grass-Lined Channel / Swale Practice Standards and Specifications 6.30—Grassed Swale Thomas Newbern Project—Detail Sheet 7 of 7 Dowdy's Bay Road, Grandy, NC Currituck County Filter Strip/ Natural Ground Filtration and Inflow I runoff Sedimentation --a. Shoo/o`er .: �r Myr 'f., Filtration 4 / Main channel S; / -� _Biological uptake Roadway I os/ by grass other impervious obos ••-• Water Quality Flow Depth surface Underlying Underlying soil Infiltration soli A grassed swale is a graded and engineered landscape feature appearing as a linear, shallow, open channel with trapezoidal or parabolic shape. The swale is vegetated with flood tolerant, erosion resistant plants. The design of grassed swales promotes the conveyance of storm water at a slower, controlled rate and acts as a filter medium removing pollutants and allowing stormwater infiltration. When properly designed to accommodate a predetermined storm event volume, a grassed swale results in a significant improvement over the traditional drainage ditch in both slowing and cleaning of water. In swales, stormwater is slowed by strategic placement of check-dams or riprap baffles that encourage ponding and these ponds in turn facilitates water quality improvements through infiltration, filtration and sedimentary deposition. Collected stormwater is expected to drain away through the soil within several hours or days. Riprap baffle will be located at southwest corner of Newbern property to facilitate stormwater drainage from property without loss of sedimentation from site. Baffle will abut new bulkhead adjacent to Stoecker property. RECEIVED FEB 1 7 2023 ®C1V EC Page 13 of 15 ...I... *I'1— c_ cF • 1. • CHECY.DAM j 1111 I. .• I I • I. I I • — 1 • • Wet Swales o Function as a linear wetland. ▪ Reduce peak flows and runoff velocity and promote infiltration. • Reduce erosion. o Are easy to design. Can be built in relatively impervious soils or in seasonally saturated soils or intersecting water table o Trap and remove sediments and other pollutants with increased efficiency and thus improve water quality. o Create visually appealing and beneficial habitat between uplands and surface waters o Are less expensive to build and maintain than a traditional curb and gutter system o Provide effective pretreatment of stormwater passing through for further processing by additional stormwater management practices. • Maintenance o Proper maintenance of grassed swales is essential. A maintenance contract with required maintenance steps delineated has been a successful approach. o A recommended program would involve the following: RECEIVED • Mowing of dried swales as required seasonally to maintain the desired height of vegetation at three to four inches. Mowing grass too short and FEB 1 7 2023 incorrectly applying lawn chemicals will jeopardize function. ■ At least once a year and more often if required: DCM-EC Page 14 of 15 • Inspection for erosion. Any obvious damage to grass or to the swales bottom soil bed should be repaired immediately. Seeded swales will require periodic re-seeding. Repairs need to conform to original swale design. • Remove trash and other debris from all parts of the swale. • If selected grass for swale is not performing, select and plant a new grass. • For wet swales replant with a revised selection of wetland plants if current plants are establishing slowly or failing. • On as needed basis: • Till soil at swales bottom if water does not drain out within 48 hours (swales should drain within 24 hours). • Remove sediment build up when the swales volume is reduced by 25 percent. • In colder climates after spring snow melt: • Any collected sand from winter time sanding must be removed. • Replacement of damaged vegetation should occur as soon as possible. • Additions of mulch (added organic matter) may be required if drainage to swale is from roadway or parking lot. Deicing salts can damage soil structure by reducing soils organic matter. o Maintenance responsibility is normally that of the owner. Ken Elliott, consulting July 15, 2022 7+ 7IVE FEF 7 3 r,'c,p SECTION MILID Page 15 of 15 THOMAS E. NEWBERN, JR. THOMAS NEWBERN PROJECT 172 DOWDY'S BAY ROAD, GRANDY, NC27939 172 DOWDY'S BAY ROAD, GRANDY, CURRITUCK COUNTY, NC 27939 PRE-CONSTRUCTION VIEW POST-CONSTRUCTION VIEW (MINUS PIER SHELTER ROOF) j �ov9 • / i �o ay O„044•c DY'S BAY ROAD , \Z / CP PSP� i ___._._._:...._._.____e____A:‘...„/V..._..---.-"'"'-....— RAN /45'RAN ASPHALT r1 ♦♦ :/ ♦♦ ♦♦ N/F N/F ♦♦ N/F N/F • ♦♦ ANDREW JAMES LAMBERT _,,.0' THOMAS E. ♦♦ ANDREW JAMES LAMBERT �r THOMAS E. ♦ (DB 893,PG.417) �.� NEWBERN, SR. ♦ (DB 893,PG.417) �' NEWBERN, •SR. ♦♦ f (DB 340,PG.614) ♦♦ �� (DB 340,PG.514) ♦♦ / \.-� ♦♦ ♦ / ♦ Proposed Septic Area .,- ♦ S��o ♦♦ !"�,i ♦ 15 4 Lines 50'�9'O.0 /.�"' ♦♦ NOTES ♦ OfGG��O ♦ SEPTIC EPTIC FIELD ♦♦� • / ♦♦♦ / \ �� PARCEL SIZE-15,524 sq.IL 2 75'AEC COVERAGE•7,573 sq R(48 80%) ♦ ♦ 0 2.PROPOSED PARCEL IMPERVIOUS COVERAGE=2.792 sq./t(17.99%) N/F ♦ 0`r N/F ♦ q \a ' 3 PROPOSED 75'AEC IMPERVIOUS COVERAGE=2254 sq.R(29.78%) CATHY A. ♦ $F CATHY A. ♦ ��� (� STOECKER ♦♦ STOECKER ♦q g� (DB 17,PG.EOM) ♦tea G414............ "♦♦♦ ( ) O� \ DB 17,PG.EOl1 ♦v� u+t0� ts ♦ Op ♦ ♦ .4 \ ,,.1 GRASS ♦ ♦ t Y ♦ I AWN ♦q ♦ y� \ USAGE DELINEATED V ♦ WETLANDS LINE ♦ ♦ a • ♦• ♦ % • \ ♦ ♦♦• POTENTIAL ♦ �C ~~ •,,♦ ♦ •♦ WETLANDS 34'X 52 STOECKER ♦ 404 ♦ \ HOUSE RESIDENCE {$• \N� ••..... STOECKER ♦ �Y(41.'' '// WErLANDs ♦♦ RESIDENCE ♦` �;. �' i ♦ 4? I " ' �♦ a WIDE X 7s Lonr♦� \ / \ ,♦ ♦ J?,�% ♦ GRASS-LINCD-rt!\\ IMPERVIOUS CONCRETE // ♦♦ ♦ GRASS ♦ CONCRETE ♦;•• LAWN ���O�i' ;�♦ SWALE •♦ \ 1024 sf / .- ...• • ♦ �i ( ♦ ♦ \ /. 4 / ♦ UNDISTURBED ♦ COASTAL ♦ OE�� I ♦♦ ♦♦ \\ ' / r� �%WETLANDS IS ♦ ♦ • ♦ JSPG��.� \ .o4 WETLANDS •j, Nw�...L %♦ \ /� 9uF7 1. UNDISTURBED♦ ���� 1 DERELICT 1 �\� ♦\- ;c � 1712 SF GRASS ♦ j -7 BULKHEAD \ { �,�( // LAWN ♦ 1 �% ♦ \\ /i ♦ \ a♦ji ♦ / D,4 BREAK ♦♦ \ �\ // iit IP BREAK OPEN \ %• b WATER •♦ \ 1 Pr 1 WATER OUT DERELICT,♦\ WATER ,c�� OUT RIPRAP \ / BLDG PIER ♦\ \ rt�'" ROCK BAFFLE— \ / 1 ♦ \ �' 1n BLDG (SEE DETAIL SHEET) • EXISTING BULKHEAD ��' s BREAKWATER I (STOECKER) —* DERELICT SWALE DISCHARGE BULKHEAD vo ‘314' erfBARTLETTS •CREEK Q`'�2%L BARTLETT'S CREEK 4.4 901 VON DOCK v DOCK FEj ! 202 30 0 15 30 60 30 0 16 30 60 A NOTE:THIS MAP IS NOT A CERTIFIED IMIETIIIMIIIINNE1111 NOTE:THIS MAP IS NOT A CERTIFIED �.,. SURVEY AND HAS NOT BEEN REVIEWED (IN FEET) SURVEY AND HAS NOT BEEN REVIEWED (IN FEET) BY A LOCAL GOVERNMENT AGENCY FOR linch=30 ft. Orp BY A LOCAL GOVERNMENT AGENCY FOR finch.30 ft. ft COMPLIANCE WITH ANY APPLICABLE 2 COMPLIANCE WITH ANY APPLICABLE Z LAND DEVELOPMENT REGULATIONS. MAP BY ELLIOTT CONSULTING LAND DEVELOPMENT REGULATIONS. MAP BY ELLIOTT CONSULTING JULY 15 2022 FEBRUARY 14,2023 PAGE 1 OF 15 THOMAS NEWBERN PROJECT 172 DOWDY'S BAY ROAD ) r GRANDY, NC 27939 STOEKER DREDGE SPOIL AREA 1 O�� CURRITUCK COUNTY RESIDENCE Vli N/F r �' THOMAS E. NEWBERN, SR., OWNER oI THOMAS E. NEWBERN, SR. iq N/F PO BOX 368, POWELLS POINT, NC 27966 a (DB 340,PG.514) N PHASE 1 -CONSTRUCT: ANDREW JAMES LAMBERT 161 LINEAR FEET BULKHEAD i..•.'•• L (DB 893,PG.417) 22 LINEAR FEET BREAKWATER N/F Z IS QEQ.., FI AGT��END OF KF NEW 1700 SF WETLANDS FILL BEHIND BULKHEAD 0—, 1291 SF WATER FILL BEHIND BULKHEAD CATHY A. STOECKER g� "'7 (DB 17,PG.E0/1) i ._•41 PHASE 2 -EXCAVATE On_ usacE ¢ WETLANDS DREDGE 33'x 26' BOAT BASINS DREDGE SPOILAREA(GRAY) DELINEATED —� IJ BEHIND CAMA 30 FT BUFFER WETLANDS UNE n TRANSFER SPOIL BEHIND s" lo CAMA 30-FT BUFFER lie 4� / I SCALE: 1 IN =20 FT t� F........"/ g BLDG � MAP BY ELLIOTT CONSULTING PL • FLAG FEBRUARY 14,2023 FLAG*,1`��'FAG UPLAND FLAG �—��I� _.___ ND 6 NOTE:THIS MAP IS NOT A CERTIFIED 4•••., •••• .................. SURVEY AND HAS NOT BEEN REVIEWED LAMA BCiF' I E R........................ BYALOCALGOVERNMENTAGENCYFOR !r 1 COMPLIANCE WITH ANY APPLICABLE •..,•WETLANDS AREA LAND DEVELOPMENT REGULATIONS. FENCE w I ..'W BE FILLED.••,..................... I WETLANDS / FORMER BOAT BASIN ) BEHIApg 1tNEAD UNDISTURBED WATER AREA TO BE FILLED 1(/ """ .••"••••1 1700 SF fl 1291 SF ;•-� 1 1 NEWBERN BULKHEAD R / JOINS ----s UNDISTURBED Qy STOECKER BULKHEAD NWL_-JLKH 0_40. WETLANDS �4 Q 1 2 SF UPLANDS 'I* I a. I / /ev 1 r= I ��O I DREDGE / '�'\1---f� 1 I AREA I �I1-� \ 1 S7• K 11- 1 4 33'x26' I \1 K I I 858 SF I j� STOECKER I I �. .....„. PLATFORM Z, 1 II f , N.1, WETLANDS I 1 , ( UNDISTURBED ' I I _* N.I �2V __2�1— _! e,I BARTLETT'S CREEK i FEB 7) 20 0 10 20 40 imilmm.... (IN FEET) 1 Inch=20 rt. PAGE 2 OF 15 N/F \ N/F 1n ' ANDREW THOMAS E. NEWBERN, SR. ' EURASIAN MILFOIL A O� \ JAMES LAMBERT SAV IN �- THIS AREA ONLY N/F rn UPLANDS �\�, • ' 31' x 26' THOMAS E. NEWBERN, SR./ li yIm �� Nam' •' o�D O N`� cn z y;Pc'�cas�ti Io • O \ 00, i • ' 1.5' DERELICT BULKHEAD • • ' O DERELICT PIER WETLANDS Ior, • • ! • 1.5' • \ / . . mg. • 1 . \ 1.25' •0 4 , AREA WILL BE •1 O 2' • BULKHEADED & FILLED • \\,---4. 2' 1' THOMAS NEWBERN PROJECT O ; / 172 DOWDY'S BAY ROAD O 2 SZ� GRANDY, NC 27939 •• ��� 0 0 % \��� CURRITUCK COUNTY • Co 26 2' -: THOMAS E. NEWBERN, SR., OWNER • � O -cc PO BOX 368, POWELLS POINT, NC 27966 / •• C��\02' 2.25 DERELICT MAP SHOWS WATER DEPTHS TO `` OBULKHEAD / SOFT SILT BOTTOM, IN FEET, • 2' ` •• ADJUSTED FOR HIGH WATER V. 1 MEASUREMENTS AND SAV 3 �? CONFIRMED BY CAMA SITE VISIT N/F 0 •1. • • / ON 08-08-2019 CATHY A 3 STOECKER 0 SCALE: 1 IN = 10 FT 3' MAP BY ELLIOTT CONSULTING DERELICT BARTLETT CREEK FEBRUARY 14,2023 O O THIS MAP IS NOTA CERTIFIED BULKHEAD 3 3' 'v SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS UPLANDS k,' -----------\ \3' O . ' RECE: ED 44 • ` PROPOSED <2? ` DREDGE AREA • 03.5' 33' x 26' ��c, FEE � ; ^< +`� • BARTLETT 858 SF c _ �, CREEK �r P SECTIO :� "LID oZ 10 0 5 10 20 M II � 1• (IN FEET) PAGE 3 OF 15 1 inch= 10 ft THOMAS NEWBERN PROJECT �, 172 DOWDY'S BAY ROAD i GRANDY, NC 27939 STOEKER RESIDENCE 1 1 O CURRITUCK COUNTY I N/F N/F = THOMAS E. NEWBERN, SR., OWNER s THOMAS E. NEWBERN, SR. ca ANDREW JAMES LAMBERT PO BOX 368, POWELLS POINT, NC 27966 1 (DB 340,PG.514) ° (DB 893,PG.417) 1 PHASE 3-CONSTRUCT: 1 "" 24' L x 4'W PIER, 8 PILES N/F ""............................. END OF NEW FI.AG T3ULKHEAD 38' L x 4'W PIER, 12 PILES a .ar�� ApG............................................... #5(PL 16' L x 3'W PIER, 6 PILES CATHY A. STOECKERcti (DB 17.PG.EO/1) a 1 SCALE: 1 IN = 20 FT 1 I USACE 1 DELINEATED----/ WETLANDS MAP BY ELLIOTT CONSULTING 1 WETLANDS LINE FEBRUARY 14,2023 / / 1 1 OUT- 1 '. NOTE:THIS MAP IS NOTA CERTIFIED BLDG 1 SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR PL 1 FLAG FLAG FLAG .�� k. COMPLIANCE WITH ANY APPLICABLE FLa`f— �= . Fo ��`�— UPLAND AN3--'�--' LAND DEVELOPMENT REGULATIONS. 1 ........... '° -- --- FILLED WETLANDS ti 1 F i I / / '.... .-•••' WETLANDS I / FORMER BOAT BASIN,FILLED . .... 17 1291 SF ,. >� 1 1 / NEWBERN BULKHEA❑ JOINS--" 4. UNDISTURBED WETLANDS O�ic, STOECKER BULKHEA' `4 -: 1712 SF 2 4 P�11.5. s•-4.. , cc UPLANDS n la775 „ / , op .•, .i R. P,fJ /� ` -1�u� 3 BOAT �' SLIP#1 BOAT X •� SLIP ft2 I --�� 8 R. �/ / STOEKER tAl , _ 16•x 3' BREAKWATER DOCO/ u PLATFORM , PIEOR 3 22'L v , x0 hi, ? 6'DIAM \ WETLANDS 0 PIER SUPPORT PILINGS / 1 8 FEET APART M i / L:, r l 8.7. / FEE _ : BARTLETT'S CREEK 4.9 rf i--.4 ill rg Li 20 0 10 20 40 (IN FEET) 1 inch=20 2 PAGE 4 OF 15 • THOMAS NEWBERN PROJECT 172 DOWDY'S BAY ROAD 1 i �'r GRANDY, NC 27939 RESIDENCRE ' Wi �0 CURRITUCK COUNTY I N/F N/F 461 THOMAS E. NEWBERN, SR., OWNER I THOMAS E. NEWBERN, SR. ANDREW JAMES LAMBERT PO BOX 368, POWELLS POINT, NC 27966 (DB 340,PG.514) a (DB 893,PG.417) PHASE 4-CONSTRUCT: 22'x 28' SHELTER ROOF N/F ..............."'•'••••••...........q.^. 'ND OF F NEW AD SCALE: 1 IN = 20 FT CATHY A. STOECKER O1 �A g••..•••.........................••••...• (DB 17,PG.EO/1) �' 1 /•-• MAP BY ELLIOTT CONSULTING 1 FEBRUARY 14,2023 1 USACE DELINEATED \'/ WETLANDS 1 WETLANDS LINE /1 NOTE:THIS MAP IS NOTA CERTIFIED BLDG I SURVEY AND HAS NOT BEEN REVIEWED I BY A LOCAL GOVERNMENT AGENCY FOR I / y COMPLIANCE WITH ANY APPLICABLE r- _/� LAND DEVELOPMENT REGULATIONS. I 7pgpt.....` ,, ti 1 ( .......... t ) -,... 1 WETLANDS ' • ifI .0 / UNDISTURBED WETLANDS O%c, _a 2/P UPLANDS n _�_; '/ a =�� r 80AT /���_ /00 SUPS' BOAr r1� —!'-----...., SUP n j TOOK - c LI // :le 1 STOECKER �� 4 DOCK! 2e'``_ i_ \ PLATFORM GM OPEN-AIR BOATHOUSE IOUSE SMELTER 2/p2 72'Lx28'W,818 SF /TO \ SYSTEM 1-FT PIER OVERHANG a-, WETLANDS 0 BARTLETT'S CREEK FEB " r 2193 s 8 ln:�..C,T E�n Nriwo 20 0 10 20 40 (IN FEET) 1 inch=20 ft. PAGE 5 OF 15