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HomeMy WebLinkAbout50-23 Peedin, Stacy Permit Class Permit Number NEW 50-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission crmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Stacy L. Peedin, 187 Tom Crocker Lane, Selma,NC 27576 Authorizing development in Carteret County at adj.to Pettiford Creek Bay, at 220 Dogwood Dr., in Swansboro , as requested in the permittee's application dated 2/20/23, including attached workplan drawings (5), Sheets 1-5 of 5 all dated 1/26/23. This permit, issued on May 10, 2023 , is subject to compliance with the application (where consistent with the permit),all applicable regulations, special conditions and notes set forth below.Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes the demolition of the existing docking facility and the construction of the docks,piers, boathouses, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure,whether floating or stationary, shall become a permanent part of this docking facility without permit modification.No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage,whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. }44 Any maintenance work or project modification not covered (for) Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. May 10, 2028 In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Stacy L. Peedin Permit No. 50-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard,through regulation or otherwise, on the authorized facilities. At minimum,permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of four(4) formalized boat slips. 6) The boathouses shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouses shall not exceed the dimensions on the authorized workplans. 7) The authorized boathouses shall be single story, and shall not be designed to allow for second story use. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 10) The authorized project is located within a primary nursery area(PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission,no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 11) In order to protect water quality,runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) Appropriate sedimentation and erosion control devices,measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands,watercourses or properties. USACE Conditions 13) In order to further protect the endangered West Indian Manatee, Trichechus manatus,the applicant must implement the U.S. Fish& Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. OOCOCCCCQGOC F6C p�G-0-0-0{-0-04-0p-Jfi-0C-0pg6p➢�GEG.G4C4 NCO Q-0C9-0 Fi95ti 8G6G-0C6C6 CP6PG-06EPC�}S-0BCC40000 POG QCCp00.OG.C�-0OOG 00 GCOGOGOFd 74L OOCG 609000C6:C94CCC 04EC 00-0000:CC 7CC 6CC:OG SC 0606CCPCCCOC Stacy L. Peedin Permit No. 50-23 Page 3 of 3 ADDITIONAL CONDITIONS General 14) This permit shall not be assigned,transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 15) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 16) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2023-00636). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 20230415. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(252) 515-5400 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of$250 was received by DCM for this project. >c>>ao->> >>>n>a>ooS GOOa>>>a>c>>>>>>>>>>c>>o>>>>>>>c>>aa>>aa>>>ao>aac>>>>>>e>o>>>>ncc>>>>>>>>>>>>>>>>e>>>>c>>c>>ao>>c>>>>>e>>>C>>0>>o>>Qo>aa>sae>>aanaoo>o¢aon> _�F DEPARTMENT OF THE ARMY tts ° jk WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON,NORTH CAROLINA 28403-1343 \' ,I_. ` May 5, 2023 Regulatory Division Action ID No. SAW-2023-00636 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City,North Carolina 28557-3421 jonathan.howell@ncdenr.gov Dear Mr. Howell: Reference the permit application request of Stacy Peedin to remove an existing docking facility and boathouse, construct a pier, platform, and three boathouses, for a total of 4 slips with boat lifts, in waters of Pettiford Bay, adjacent to 220 Dogwood Drive, in Swansboro, Carteret County, in North Carolina. Specifically,the applicant proposes to construct a 5' x 132'pier that would extend from the existing bulkhead over coastal wetlands and into Pettiford Creek Bay. The pier would intercept a 17' x 3 3' L-head platform that would have a 5'x 12' stepdown platform, (2) 14' x 28' boathouses, a 5' x 47' finger pier, and a 16' x 16'boathouse to house 2 jet ski lifts. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information,the permittee should contact the U.S. Coast Guard Marine Safety -2- Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)prior to implementation. 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit,no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Resources at(919) 733- 5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products,organic materials(including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include,but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of -3- 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee,upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division,telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished: USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Mr. Gregg Bodnar NCDEQ/DWR; Ms. Holley Snider/Mr. Michael Melinger USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood/Mr. Fritz Rohde Permit Class Permit Number NEW 50-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 1crmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Stacy L. Peedin, 187 Tom Crocker Lane, Selma,NC 27576 Authorizing development in Carteret County at adj. to Pettiford Creek Bay, at 220 Dogwood Dr., in Swansboro , as requested in the permittee's application dated 2/20/23, including attached workplan drawings (5), Sheets 1-5 of 5 all dated 1/26/23. This permit, issued on May 10, 2023 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes the demolition of the existing docking facility and the construction of the docks, piers, boathouses, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on-site to Department /.74 "Al personnel when the project is inspected for compliance. , 2" -'64' Any maintenance work or project modification not covered (for) Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. May 10, 2028 In issuing this permit,the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Stacy L. Peedin Permit No. 50-23 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of four(4) formalized boat slips. 6) The boathouses shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The footprint of the boathouses shall not exceed the dimensions on the authorized workplans. 7) The authorized boathouses shall be single story, and shall not be designed to allow for second story use. 8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 9) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 10) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. USACE Conditions 13) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish& Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. Stacy L.Peedin Permit No. 50-23 Page 3 of 3 ADDITIONAL CONDITIONS General 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 15) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 16) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2023-00636). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 20230415. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(252) 515-5400 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of$250 was received by DCM for this project. 4+w T oF'4,\ DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS aQ. /-" �' 69 DARLINGTON AVENUE ( ij WILMINGTON, NORTH CAROLINA 28403-1343 snrrs } May 13, 2023 Regulatory Division Action ID No. SAW-2023-00636 and State Permit No. 50-23 Ms. Stacy Peedin 187 Tom Crocker Lane Selma,North Carolina 27576 Speedin79@yahoo.com Dear Ms. Peedin: Reference your application to remove an existing docking facility and boathouse, construct a pier,platform, and three boathouses, for a total of 4 slips with boat lifts, in waters of Pettiford Bay, adjacent to 220 Dogwood Drive, in Swansboro, Carteret County, in North Carolina.,North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process(copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore,you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason,plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2026. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, email: sarah.e.hair@usace.army.mil. -2- Sincerely, ,Le-cy 77ai2. Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: RGP 291 conditions CAMA permit No. 50-23, dated 5/10/2023 Plans dated 1/26/2023 DWR approval letter dated 4/28/2023 Manatee Guidelines Electronic copies Furnished: Agent/Contractor; Steve Trowell-Coastal Environmental Solutions, LLC NOAA/NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood NCDEQ/DCM; Mr. Gregg Bodnar/Ms. Amanda Cannon NCDEQ/DWR; Ms. Holley Snider USFWS; Mr. Pete Benjamin/Mr. John Ellis USEPA; Mr. Todd Allen Bowers DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01,2022 Expiration Date: December 31,2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT(RGP) A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S.,upon recommendation of the Chief of Engineers,pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington,North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA)PERMIT,AND/OR A STATE DREDGE AND FILL PERMIT,AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP. Operating Procedures a. Applications for joint state and federal authorization under this programmatic RGP will be accepted through the North Carolina Division of Coastal Management(NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report, and its Bio-Report,to the appropriate Corps of Engineers field office,thereby initiating federal review of the project. The Corps,upon receipt of an application,will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the U.S., including wetlands,the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time,the Corps determines that a proposed activity is eligible for authorization under another regional RGP or a nationwide permit(NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws,regulation, and guidance. e. This RGP does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans,the NCDCM's Field Investigation Report, and the state Bio-Report,to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS)the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively,the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time,normally thirty (30) days,to provide the Corps with their comments and recommendations,including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision,the application may be removed from this RGP process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement,the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement(MOA's)between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten(10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above)will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency,the NCDCM permit will be issued and the authority of this RGP will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM,the NCDCM may proceed, independently,to conclude the state action without inclusion of the federal position. In such case,the applicant and the NCDCM will be notified immediately, in writing,that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required,to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM permit and, if required,the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied,the applicant will be informed that federal authorization is denied without prejudice. m.No work may proceed under this RGP until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the RGP have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position,both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This RGP will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this RGP or any Corps approved modification to this RGP, no excavation, fill or mechanized land-clearing activities shall take place, at any time in the construction or maintenance of this project,within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the North Carolina Division of Water Resources. e. The Permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). f. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation,or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the Permittee will be required,upon due notice from the Corps ,to remove,relocate, or alter the structural work or obstructions caused thereby,without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The Permittee, upon receipt of a notice of revocation of the permit for the verified individual activity,may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct,restore the affected water of the US to its former conditions. i. This RGP does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy,move, injure, or obstruct a federally constructed work or project, including,but not limited to, levees, dams, jetties, navigation channels,borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The Permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging, or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington,North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. k. The Permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This RGP does not grant any property rights or exclusive privileges. m. This RGP does not authorize any injury to the property or rights of others. n. This RGP does not authorize the interference with any existing or proposed federal project. o. In issuing this RGP,the Federal Government does not assume any liability for the following: (1)Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2)Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3)Damages to persons,property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this RGP. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this RGP. p. Authorization provided by this RGP may be modified,suspended, or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this RGP shall be five (5)years unless subject to modification, suspension, or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q.No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or"study river" (e.g.,National Park Service, U.S. Forest Service, etc.) r. This RGP does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection,Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992,the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by this RGP,you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal,tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. Endangered Species. (1)No activity is authorized under this RGP which is likely to jeopardize the continued existence of a threatened or endangered species directly or indirectly or a species proposed for such designation, as identified under the Federal Endangered Species Act(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under this RGP which"may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (2) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency)must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA consultation is necessary. (3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (USFWS) or NMFS,the District Engineer may add species-specific endangered species conditions to the RGP verification letter for a project. (4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g., an ESA Section 10 Permit, a Biological Opinion with"incidental take"provisions, etc.) from the USFWS or the NMFS,the ESA prohibits any person subject to the jurisdiction of the U.S. to take a listed species, where "take" means to harass,harm,pursue,hunt, shoot, wound,kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm"in the definition of"take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding,feeding, or sheltering. (5) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the USFWS in Raleigh,North Carolina at the address provided below, or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. The Raleigh USFWS Office covers all NC counties east of, and including, Richmond, Montgomery,Randolph, Guilford, and Rockingham Counties. US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh,NC 27636-3726 Telephone: (919) 856-4520 (6) The Wilmington District, USFWS,NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion(PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with"incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the Permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PBOs),which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO,where a take of the federally listed species occurs,would constitute an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO (or PBOs) apply to a project,the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. (7)Northern long-eared bat(NLEB) (Myotis septentrionalis). Standard Local Operating Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps and the U.S. Fish and Wildlife Service. See http://www.saw.usace.army.mil/Mission/Regulatory-Permit-Program/Agency- Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either federal or state funded)in the eastern 59 counties in North Carolina.Note that if another federal agency is the lead federal agency for a project in the western 41 counties,procedures for satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will not be applicable for consideration under the SLOPES; however, information that demonstrates the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2)/4(d) Rule for the NLEB, will be required in the PCN.Note that at the time of issuance of this RGP,the federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a result of litigation, the NLEB is federally listed as "Endangered",this general condition("s") will no longer be applicable because the 4(d)Rule, and this NLEB SLOPES, will no longer apply/be valid. (8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017 pdf (9) If the Permittee discovers or observes any live, damaged,injured, or dead individual of an endangered or threatened species during construction,the Permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the.U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. v. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. w. The Permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information,the Permittee should contact Coast Guard Sector North Carolina at(910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. x. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the Permittee. y. It is possible that an authorized structure may be damaged by wave wash from passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The Permittee will not hold the United States liable for any such damage. z. Structures and their attendant utilities, authorized by this RGP, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United States,the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. aa. The Permittee must maintain any structure or work authorized by this RGP in good condition and in conformance with the terms and conditions of this RGP. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this RGP will automatically transfer this RGP to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inform any subsequent owner of all activities undertaken under the authority of this RGP and provide the subsequent owner with a copy of the terms and conditions of this RGP. bb. At his/her sole discretion, any time during the processing cycle,the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case,the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. cc. Except as authorized by this RGP or any Corps approved modification to this RGP, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. dd Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ee. Activities which have commenced(i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ami A. Be ett Colonel,U.S. Army District Commander Existing Conditions Peed inn Pier and Boathouse Replacement 220 Dogwood Lane Carteret Count Swansboro NC Pettiford Creek Bay Existing 10 x 26' Platform To Be Removed - „-*- -,0,0"" .Alie It 'i. Existing 8' x 16' Boathouse - To Be Removed .4 . 1 0 I Existing 4' x 130' pier To Be Removed A 4 .., • * I N, I. 4' '4— • 4 - - Existing 25 x 25' Boathouse , Ai To Be Removed -....., 4, 4. !, ... .. . .. - . . ,.- .,. 4.-'''.t., ''t ' • =4.4 . , .,"s9"'"4... , -• ,-+ .itxv - er- • -. _ me r,--,- r, .-,',,--,,,,,,-, -' -,‘,.,-'; . ',....7% , ,.-- ... .„ ,... , . ,. ....- 'iti 0 510 20 30 FeetT,91, E3oar NC Center4or Existing Conditions :-..2PrPtNert) Peed in Pier and Boathouse Replacement Date: January 26, 2023 Drawn By Steve Trowell Sheet 1 of 5 k%11.1-41) ',;111S- Stacy Peedin Pier and Boathouse Replacement 220 Dogwood Drive Carteret Count Swansboro NC Petti ord Creek Bay \\. ,; 2.5' Water Depth Shown (-2.0') @NLW Taken Jan 20, 2023 at 1:30 pm (2 14'x 28' Boathouses -2.2' \ .T.t. ,,,, , S 111, -2.2' 9, 17' 33' Platform Exist Boat ouse to be remove' 5' x 12' - epdown for 16'x 16' Boat .use with ` 2.0 t 4 14' x 14'doubl- (2) Jet Ski Lift 5'x 47',Finger pier -2.0' t• t `` A* -1„5' 1 1.14 1.5' Exist Pier and platform014 5' 132' Pier to be remved 41$. 414,, ' ' 44* 11.1 i \ Exist Boathouse to - be removed Pee a. p.,ro $.A f . .' 0 510 20 30 Feet 911 Boa,ii N Ge 'ter for Geographic uGIA) N �.,or rTi'l�.,ovei Mlents US Plan View 14 -,:pp\rpr) Scale: 1" = 30' Date: January 26, 2023 ' 1, ,4 :' /- Drawn By Steve Trowell Sheet 2 of 5 ii(,;i ,..iviriu 4.;t- yI Peedin Pier and Boathouse Replacement Boathouse Cross Section Scale: NTS Dimensions Shown Date: January 26, 2023 Sheet 3 of 5 / 28' 14 6' 20' l Ti . ,4,0:, t it 1 ot,,,:ft:, 4,., 8' 5' x 30' Fin:er Pier 5' x 38' Fin:er Pier 4� r 3 NLW -2,2' -2.0' d y, i , 6. i .‘n' Creek Bottom Peedin Pier and Boathouse Replacement Jet Ski Boathouse Cross Section Scale : NTS Dimensions Shown Date: January 26, 2023 Sheet 4 of 5 (2) Jet Ski Cradles awanviro my:at,'"wr,,,,ma",omsr, AAMOVIS1 1 NLW 4' 2.0' Creek Bottom r4Frktf‘it=t) 1-r-fr "i- OChh-soi-11.) Peedin Pier and Boathouse Replacement Typical Pier Cross Section Scale: NTS Dimensions Shown Date: January 26, 2023 Sheet 5 of 5 Handrail ,,....,. 11..... t ., .74..A., ' Wide Maintained 5 ,.44 . Yard -,. Pier Decking ________— — _ _ , 0.. 1 r; _ / ti 6 1 ,' g 7) M i n 3 .„,.. ; ,. 1 ,,,..., v -.7., , c . -- , /7„ ,:',4. n p., ' r r A t,-*::' NWL Coastal Wetlands Marsh Existing Vinyl Bulkhead Approx 66 Linear Feet '„#f"r41, , 'in, ii:;,i ROY COOPER `- Governor ELIZABETH S.BISER Secretory *'0 . 0-3 RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality April 28, 2023 DWR#20230415 Carteret County Stacy Peedin 187 Tom Crocker Lane Selma, NC 27576 Sent via email to: speedin79Pyahoo.com Subject: No Written Approval 220 Dogwood Drive—Swansboro— Pettiford Creek Bay USACE Action ID SAW#2023-00628 Dear Mr. Peedin: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request received by this office on March 21, 2023, to create an upland basin with floating dock and boatlift to provide mooring for four (4) vessels. DWR issues approval in the form of a Water Quality Certification (WQC)in conjunction with the CAMA Major Permit and General Permit(s)198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. The waters of the Atlantic Intracoastal Waterway in this area are classified as SA;HQW by the Division of Water Resources (DWR) and has been determined to be Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as a Nursery Area and the DWR supports the concerns and recommendations regarding dredging within these designated areas that were submitted by the Division of Marine Fisheries and the Wildlife Resource Commission. Requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which require that Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish,and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In accordance with the attached General Certification #4501 (GC 4501, the impacts described in your application do not require written authorization to utilize GC 4501. However,you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including(but not limited to) erosion and sediment control regulations. DENorth Carolina Department of Environmental Quality Div Sion of Water Resources ��� 12'Cardinal Drive Ext. Wilmington,North Carolina 28405-5406 aeo + rirtJ:- _ c,a:� �I✓ 910.?96.'215 Peedin-220 Dogwood Drive DWR Project#20230415 Page 2 of 3 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919)431-3000 for information. Within sixty(60)calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five(5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact me at 910-796-7303 or hollev.snider@ncdenr.gov if you have any questions or concerns. Sincerely, tC ,Gey sk;der Holley Snider Environmental Specialist II 401 Buffer Permitting Branch Division of Water Resources Enclosures: GC 4501 DE�� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wimington,North Carolina 28405-5406 910.796.7215 Peedin-220 Dogwood Drive DWR Project#20230415 Page 3 of 3 cc: Steve Trowell, consultant, steveitrowell@gmail.com Gregg Bodnar&Cameron Luck, DCM Morehead City Office, EC DWR 401 & Buffer Permitting Branch file-LF WiRO -�� North Carolina Department of Environmental Quality I Division of Water Resources � 127 CardinJIM al Drive Ext. Wimington,North Carolina 28;05-5406 910.796.7215 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4501 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT) Water Quality General Certification Number 4501 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: January 3, 2022 Signed this day: October 28, 2021 By DocuSigned by: BFB198649DD2478 for S. Daniel Smith Director DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 GENERAL CERTIFICATION COVERAGE: Activities that are eligible for US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291 qualify for coverage under this General Certification unless they meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or circumstances listed below are not eligible for coverage under this General Certification and require an Individual 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this General Certification cannot be met; or b) Activities authorized by CAMA Major Development Permits, except: i. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; ii. Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie into existing bulkheads, land, or other shoreline protection measures or (2) do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iii. Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30 feet or five feet waterward of the existing wetlands whichever distance is greater, (2) the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative submits a copy of the written authorization for the General Permit to the Division upon issuance; or iv. Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B. 0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); v. Maintenance dredging of less than 0.5 acres of open water or non-vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi. Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item (iv) above; Page 2 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 vii. Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii. Upland development which involves no more than 1/10 of an acre of excavation or filling of non-coastal wetlands, with the exception that no more than 2,000 square feet of the non-coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and ix. Single family home construction that results in fill of wetlands; or c) Any stream relocation or stream restoration; or d) Any high-density project, as defined in 15A NCAC 02H .1003(3) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built-upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state-approved local government stormwater program2. Projects that have vested rights, exemptions, or other legacy rights or exemptions from state or locally-implemented stormwater programs and projects that satisfy state or locally-implemented stormwater programs through use of community in-lieu fee programs require an Individual 401 Certification; or e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or f) Any permanent impacts to Unique Wetlands (UWL) [15A NCAC 02B .0231]; or g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse,Tar-Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules in Chapter 26 of Title 15A in the North Carolina Administrative Code in effect at the time of application) unless: i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate, Certificate with Exception, or Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-214.23. 'e.g. Coastal Counties, HQW, ORW, or state-implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES,Water Supply Watershed, Nutrient-Sensitive Waters,or Universal Stormwater Management Program Page 3 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 In accordance with 15A NCAC 02H .0503(f), the Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or will degrade the waters so that existing uses of the waters or downstream waters are precluded. This General 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 General Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This General 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 General 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 General Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, DWR may inspect the property. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this General Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes the corresponding Nationwide Permit or when deemed appropriate by the Director of the Division of Water Resources. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. I. ACTIVITY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796- 7215) Regional Office, as applicable, are notified and provide approval prior to the release. Citation: 15A NCAC 028 .0221 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, primary contact recreation, Page 4 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 agriculture, and shellfishing for market purposes); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H.0506(b);15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), Non-Jurisdictional Wetland Rules (15A NCAC 02H .1400), and/or State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H.0502(a); 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections Page 5 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 is maintained. Overlapping sections shall not overlap more than 10 feet. Citation: 15A NCAC 02H.0506(b)(1) and(3); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses (including aquatic life propagation, survival, and maintenance of biological integrity)provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H.0506(b)(1) and(3); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses (including aquatic life propagation, survival, and maintenance of biological integrity)provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. II. GENERAL CONDITIONS: 1. The permittee shall report to the appropriate DWR 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. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts); or beyond the thresholds established for use of this General Certification and Programmatic General Permit. Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Page 6 of 15 DocuSign Envelope ID:7ABSF9AE-0944-472F-9939-465216A3F5A9 GC4501 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H.0506(b)(2); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not Page 7 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 028 .0200; 15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. Page 8 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 028 .0200; 15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028.0200 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these Page 9 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 levels due to natural background conditions, the existing turbidity level shall not be increased. 9. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 048 .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 10. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall Page 10 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,then culvert burial into the streambed is not required. For structures less than 72" in diameter/width and in area where topographic constraints dictate culvert slopes will be greater than 2.5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. Page 11 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means to the maximum extent practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028.0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Page 12 of 15 DocuSign Envelope ID:7ABBF9AE-0944-472F-9939-465216A3F5A9 GC4501 Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if Page 13 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard Areas) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H.0507(c); 15A NCAC 07H.1400 et seq. Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028 .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected;populations of wetland flora and fauna are maintained to protect biological integrity of the wetland;and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 22. In accordance with G.S 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b) Page 14 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 Justification: Person(s)owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this General Certification. A copy of this General Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality General Certification to minimize water quality impacts. History Note: Water Quality Certification (WQC) Number 4501 issued October 28, 2021 replaces WQC 4175 issued February 1, 2019; WQC 4175 issued December 14, 2018; WQC 4144 issued December 1, 2017; WQC 4097 issued March 6, 2017; WQC 3900 issued March 19, 2012; WQC 3641 and 3642 issued March 19, 2007; WQC 3371 and 3400 issued March 18, 2002; WQC 3274 issued June 1, 2000; WQC 3112 issued February 11, 1997; and WQC 3025 issued September 6, 1995. Page 15 of 15 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 ..4i4t .t Raleigh,North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at"no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. nr ` � '-••spy.+-' , ^)•• f t Orb Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. i t i — ROY COOPER r.:4„;0,1. ;:i Governor' ier , ELIZABETH S.BISER Secretory RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality April 28, 2023 DWR#20230415 Carteret County Stacy Peedin 187 Tom Crocker Lane Selma, NC 27576 Sent via email to: speedin79Pvahoo.com Subject: No Written Approval 220 Dogwood Drive—Swansboro—Pettiford Creek Bay USACE Action ID SAW#2023-00628 Dear Mr. Peedin: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request received by this office on March 21, 2023, to create an upland basin with floating dock and boatlift to provide mooring for four (4) vessels. DWR issues approval in the form of a Water Quality Certification (WQC)in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. The waters of the Atlantic Intracoastal Waterway in this area are classified as SA;HQW by the Division of Water Resources (DWR) and has been determined to be Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as a Nursery Area and the DWR supports the concerns and recommendations regarding dredging within these designated areas that were submitted by the Division of Marine Fisheries and the Wildlife Resource Commission. Requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which require that Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity,and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In accordance with the attached General Certification #4501 (GC 4501, the impacts described in your application do not require written authorization to utilize GC 4501. However,you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. DE � DepartmentNorth Carolina of Environmental Quality ( Division of Water Resources 127 Cardinal Drive Ext Wilmington,North Carolina 28405-5406 ue,s a eo::s�ar •ae,,,:� �/'� 910.796..215 Peedin-220 Dogwood Drive DWR Project#20230415 Page 2 of 3 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty(60)calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact me at 910-796-7303 or holley.snider@ncdenr.gov if you have any questions or concerns. Sincerely, t-to-Ctle-3 Steer Holley Snider Environmental Specialist II 401 Buffer Permitting Branch Division of Water Resources Enclosures: GC 4501 North Carolina Department of Environmental Quality I Division of Water Resources 12?Cardinal Drive Ext. Wt)fmington,North Cazolina 28i05-5406 f<u n c E two���.�u�.ozm:�n� f� 910.796 7215 Peedin-220 Dogwood Drive DWR Project#20230415 Page 3 of 3 cc: Steve Trowell, consultant, stevejtrowell@gmail.com Gregg Bodnar&Cameron Luck, DCM Morehead City Office, EC DWR 401 & Buffer Permitting Branch file-LF Wi RO North Carolina Department of Environmental Quality I Division of Water Resources DE ../0) 127 Cardinal Drive Ext. Wilmington,North Carolina 28405-5406 E n ife,t'nyn „Ws,O \ 910.796.7215 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4501 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT) Water Quality General Certification Number 4501 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in the US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291. The State of North Carolina certifies that the specified category of activity will comply with water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: January 3, 2022 Signed this day: October 28, 2021 By �D/o^ccuuSigned by: PaYttif —8F81986491302478.. for S. Daniel Smith Director DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 GENERAL CERTIFICATION COVERAGE: Activities that are eligible for US Army Corps of Engineers Wilmington District's Programmatic General Permit 198000291 qualify for coverage under this General Certification unless they meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or circumstances listed below are not eligible for coverage under this General Certification and require an Individual 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this General Certification cannot be met; or b) Activities authorized by CAMA Major Development Permits, except: i. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; ii. Shoreline protection measures (excluding living shorelines/marsh sills)that (1) tie into existing bulkheads, land, or other shoreline protection measures or (2) do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iii. Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30 feet or five feet waterward of the existing wetlands whichever distance is greater, (2) the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative submits a copy of the written authorization for the General Permit to the Division upon issuance; or iv. Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B. 0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); v. Maintenance dredging of less than 0.5 acres of open water or non-vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi. Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item (iv) above; Page 2 of 15 DocuSign Envelope ID:7ABBF9AE-0944-472F-9939-465216A3F5A9 GC4501 vii. Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii. Upland development which involves no more than 1/10 of an acre of excavation or filling of non-coastal wetlands, with the exception that no more than 2,000 square feet of the non-coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and ix. Single family home construction that results in fill of wetlands; or c) Any stream relocation or stream restoration; or d) Any high-density project, as defined in 15A NCAC 02H .1003(3) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built-upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state-approved local government stormwater program2. Projects that have vested rights, exemptions, or other legacy rights or exemptions from state or locally-implemented stormwater programs and projects that satisfy state or locally-implemented stormwater programs through use of community in-lieu fee programs require an Individual 401 Certification; or e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or f) Any permanent impacts to Unique Wetlands (UWL) [15A NCAC 02B .0231]; or g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman Lake,Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code in effect at the time of application) unless: i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these rules; or ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate, Certificate with Exception, or Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-214.23. 1 e.g.Coastal Counties, HOW,ORW, or state-implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient-Sensitive Waters,or Universal Stormwater Management Program Page 3 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 In accordance with 15A NCAC 02H .0503(f), the Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project if it is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or will degrade the waters so that existing uses of the waters or downstream waters are precluded. This General 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 General Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This General 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 General 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 General Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, DWR may inspect the property. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this General Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes the corresponding Nationwide Permit or when deemed appropriate by the Director of the Division of Water Resources. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. I. ACTIVITY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796- 7215) Regional Office, as applicable, are notified and provide approval prior to the release. Citation: 15A NCAC 02E1.0221 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, primary contact recreation, Page 4 of 15 DocuSign Envelope ID:7ABBF9AE-0944-472F-9939-465216A3F5A9 GC4501 agriculture, and shellfishing for market purposes); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H.0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), Non-Jurisdictional Wetland Rules (15A NCAC 02H .1400), and/or State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H.0502(a); 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections Page 5 of 15 DocuSign Envelope ID:7ABBF9AE-0944-472F-9939-465216A3F5A9 GC4501 is maintained. Overlapping sections shall not overlap more than 10 feet. Citation: 15A NCAC 02H.0506(b)(1) and(3); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses (including aquatic life propagation, survival, and maintenance of biological integrity)provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. Citation: 15A NCAC 02H.0506(b)(1) and(3); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses (including aquatic life propagation, survival, and maintenance of biological integrity)provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. II. GENERAL CONDITIONS: 1. The permittee shall report to the appropriate DWR 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. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts); or beyond the thresholds established for use of this General Certification and Programmatic General Permit. Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Page 6 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H.0506(b)(2); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200; 15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not Page 7 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200; 15A NCAC 028 .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. Page 8 of 15 Docusign Envelope ID:7AB8F9AE-D944-472F-9939-465216A3F5A9 GC4501 7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids,fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and(3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028.0200 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and(12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters;for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these Page 9 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 levels due to natural background conditions, the existing turbidity level shall not be increased. 9. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 048 .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 10. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall Page 10 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage,then culvert burial into the streambed is not required. For structures less than 72" in diameter/width and in area where topographic constraints dictate culvert slopes will be greater than 2.5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. Page 11 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means to the maximum extent practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 028 .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Page 12 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H.0507(c) Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201 Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if Page 13 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC45O1 the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard Areas) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H.0507(c); 15A NCAC 07H.1400 et seq. Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200 Justification:A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected;populations of wetland flora and fauna are maintained to protect biological integrity of the wetland;and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 22. In accordance with G.S 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b) Page 14 of 15 DocuSign Envelope ID:7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4501 Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife;secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c) Justification:Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this General Certification. A copy of this General Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality General Certification to minimize water quality impacts. History Note: Water Quality Certification (WQC) Number 4501 issued October 28, 2021 replaces WQC 4175 issued February 1, 2019; WQC 4175 issued December 14, 2018; WQC 4144 issued December 1, 2017; WQC 4097 issued March 6, 2017; WQC 3900 issued March 19, 2012; WQC 3641 and 3642 issued March 19, 2007; WQC 3371 and 3400 issued March 18, 2002; WQC 3274 issued June 1, 2000; WQC 3112 issued February 11, 1997; and WQC 3025 issued September 6, 1995. Page 15 of 15 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Stacy Peedin COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT:220 Dogwood Dr, Swansboro DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-23-23 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Guthrie DISTRICT OFFICE:MHC DISTRICT MANAGER REVIEW:Heather Styron B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 Click or tap here to enter text. APPLICATION ASSIGNED TO:Bodnar PUBLIC NOTICE REC'D:3-29-23 END OF NOTICE DATE:3-29-23 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 5-9-23 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE:3-21-23 STATE DUE DATE: Click or tap to enter a date. PERMIT-FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM-Field Rep 3/ DCM-LUP Consistency Determination y/ZN 1 23 Local Permit Officer L3(GLZ fz3 '. �„4.S Corps of Engineers-Regulatory Branch (71 J`1/� X 'lQ - P3(y p^�af eE DWR-401 Section S I/L '23 N /01S .PW (i(,'16ef 1 DWR-Public Water Supply ''IC(6 DEMLR-Stormwater 5/q/23 DEMLR-Sed and Erosion C)! Z3 �C DOA-State Property Office 111 l it Wildlife Resources Commission `tl(q�Z� Z'23 DMF-Shellfish Section 510 114 se DMF-Habitat&Enhancement l Z Zj x DNCR-Archives&History ((fig L- DNCR-Natural Heritage Program NCDOT NC Dept of Commerce S(LL 11,3 fC ,a SIAlp 4 ROY COOPER ., - .),,f'', ';' Governor r 1 - y ELIZABETH S.BISER r , t V'a4 n h� t Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM DATE: March 21, 2023 TO: Gregg Bodnar FROM: Kara Guthrie SUBJECT: Comments and Recommendations-CAMA Major Permit—Stacy Peedin, 220 Dogwood Drive, Swansboro, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: The applicant is proposing to remove the existing basin, boathouses& slips, docking facility&slips and construct pier, platform,three boathouses with a total of 4 slips with boatlifts.There would be a total of four slips along this parcel.All portions of the development would be landward of the channel area.The development conforms to the guidelines set forth under 15A NCAC 07H .0208.Assuming that state and federal agencies concur with the proposal,the district recommends the project be authorized as proposed, contingent upon the following conditions: • The total number of slips shall not exceed a maximum of 4. • The pier, boatlifts and platform shall be placed as shown on plats dated received 02/23/23. • All portions of the docking facility shall meet the minimum 15' riparian access line setback. • There shall be the removal of basin boathouse and slips. • D E j North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City,North Carolina 28557 O+•� /b' 252.515.5400 �Tyd..1,„ 4 r tl 7 \ ROYGovernCOOPER or f;„�; i�� ELIZABETH S.BISER ,*clown... Sec rear), _ BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21,2023 MEMORANDUM FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnarcd ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses,and 4 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greala Bodnar at the address above by April 21, 2023. If you have any questions regarding the proposed project. contact Kara Guthrie 252-515.5421. 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 Padrick AGENCY NC Commerce SIGNATURE SIGNATURE A e�a'rt.�(� DATE [MC EIVED MAR 2 ^ 2023 iv:i.9 at ...tee i i'w. 71'J . 7...D E Q North Carolina Department of Environmental Quality I Division of Coastal Management s� Morehead City Office I400 Commerce Avenue I Moorehead CAy.North Carolina 28557 � /`� 252.808.2808 j c STATE q '=�\ ROY COOPER ` �'y k Governor '`� �, � �'ELIZABETH S.BISER R an a- Secretary ''*-w ^�'�- BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar(a.ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. when appropriate, in-depth comments with supporting data is requested. REPLY: Afa 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. David M. Rief Additional Comments: This property is PRINT NAME located within the Town of Cedar Point Town of Cedar Point Extra-Territorial Jurisdiction and would AGENCY require a Town issued Zoning Permit prior 4' a to construction. Usage of the boat slips is SIGNATURE allowed as an accessory use to the 3/21/23 residential use but may not be used DATE commercially , .rh 7 Tr.in MAR 2 '023 rl:P SECTION MHO Q North CarolinaCitOfDefipartment1400 of Commerce EnvironmentalAvenue Quality Moorehead I Division City,of CoastalNorthCarolina Management NORTH CAROLINAD_E y ce Department al ErMmernentel O• • /� 252.808.2808 •r� a of 0au wot, ROY COOPER . I .. Governor , rs ik„ ELIZABETH S.BISER * '. Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar(a.ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. 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 Brittany DeArmitt AGENCY NCDMF-Shellfish Sanitation and Recreational Water Quality g SIGNATURE �� ��for Shannon Jenkins L .u.. 19 . DATE 3/24/2023 MAR 2 7 2023 T? SECTION IV1HD North CarolinCity Office -LI CAROLINA , Da.ronentaE,wr. m \ 252.808.2808 Bodnar, Gregg From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday,April 5, 2023 2:28 PM To: kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Horton, James Todd CIV USARMY CESAW (USA);Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan coble;fritz.rohde; matthew.k.creelman2@uscg.mil;Twyla Cheatwood; Ellis,John; Howell, Jonathan;Tranter, Kent W CIV USARMY CESAW (USA); Bertram, Paul J BOSN3; Bodnar, Gregg; Styron, Heather M.; Snider, Holley; Doody, Ryan P CIV USCG D5 (USA; Quinlan, Timothy CIV SAW; Meilinger, Michael J Cc: Charles, Thomas P CIV USARMY CESAW (USA) Subject: [External] CAMA MAJOR/GP 291-SAW-2023-00636/220 Dogwood Drive Peedin dock/Carteret Attachments: SAW-2023-00636 Peedin dock E-PN.pdf;App, Plans, Field report, etc.pdf; GoogleEarth_Placemark.kmz CAUTION: External email.Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to Report Spam. All: Pursuant to the CAMA-Corps Programmatic Permit process,the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit request for the subject project. The attached notice requests federal agency comments on this project by May 4, 2023. The applicant proposes to remove an existing basin boathouse, mooring facilities,dock and platform, and then construct a new pier, platform, boathouses(3), and 4 slips in Pettiford Creek Bay,adjacent to 220 Dogwood Road, in Swansboro, Carteret County, North Carolina. Specifically,the applicant proposes to construct a 5' x 132' pier that would extend from the existing bulkhead over coastal wetlands and into Pettiford Creek Bay.The pier would intercept a 17'x 3 3' L-head platform that would have a 5' x 12' stepdown platform, (2) 14' x 28' boathouses, a 5'x 47'finger pier, and a 16'x 16' boathouse to house 2 jet ski lifts. The most waterward portion of the proposed docking facility would not exceed a maximum of 170'from NHW, and 106' from the edge of coastal wetlands.There would be a total of four slips with boatlifts. Please see the attached request, plans, bio-report dated March 21, 2023, and location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat(EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act.The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The application identifies waters of Pettiford Creek Bay designated as SA-HQW by the Division of Water Resources. Waters within the project area ARE designated as PNA by the NC Division of Marine Fisheries, and are closed relative to the taking of shellfish.The biroreport states that SAVs are not present within the project area based on Google Earth SAV 2018 flyover data provided by NC DMF and a site visit on 3/15/2023. Water depths within the project area range from-1.5' to-2.5' nlw, depending on location. Bottom substrate is sand. i "cr, < .. ': � ' "^ )- ROY COOPERS -,r jr:, Governor ,, ELIZABETH S.BISER ` "'' a ` Secretarl• 777-.':BRAXTON DAVIS NORCANA Director Environmental Quality ('. 23.D3.2_(. DI March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar(a�ncdenr.clov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421, 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 anr' -1- I.Anr AGENCY `NI) RC_ 73 SIGNATURE - r, : g'I' i` '.L t-�lsa� ixr"u DATE 3-2Z• 2023 APR 1 12023 - Morehead North CarolinCity Office 1a Department400 at Commerce EnvironmentalAvenue Quality Moorehea{ DivisiondCi ofry,No CoastalrthCarolina 2 Management855 •/ 7 P.M, .4ten'°°"°""11,O� /'� 252.808.2808 «'�!+` \ ROY COOPER , _: Governor t' ELIZABETH S.BISER , Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar a ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. when appropriate, in-depth comments with supporting data is requested. REPLY: x 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 Mark Brown AGENCY Public Water Supply SIGNATURE etow,i, DATE 4/3/23 RECEIVED APR 1n2023 P O "T" i rHD DEQ North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City,North Carolina 28557 NORTH CAR OLJNA Department al Enviro taioiw� /`.° 252.808.2808 Received: 3/30/2023 Historic Preservation Office a�" �` ' Due:4/14/2023 �'j. ER 23-0816 ROY COOPER . -k-'. Governor * w. ELIZABETH S.BISER Secretary *d1'�"'""0•• BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnarCc ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. 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 Renee Gledhill-Earley AGENCY State Historic Preservation Office , ED 1. W SIGNATURE per•-- dia- taad DATE April 12, 2023 APR "j %. 2023 T'I N MED �D E Q North Morehead Carolina ODepartmentffice1400 ofCommerce EnvironmentalAvenue Quail Mooreheadity I Division Ci of,CoNorth astalCarolina Management City ty 28557 rnr+uwr ..�wro. \ e"" 252.808.2808 ,;:*SUE. ROY COOPER `, +f- ` r i:; Governor l o ELIZABETH S.BISER � '^'' , Secretary • guru ; BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21,2023 ,,.7..., Ta V'i" i°t ,t. 74.0 i�..'11 Wii ii...1.0 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ- Division of Coastal Management P SECTION D 400 Commerce Avenue, Morehead City, NC 28557 �' � Office:252-515-5416 (Courier 11-12-09) gregg.bodnar@ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses,and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. 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** YC This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. t i',, PRINT NAME sx/4. k 't1`"` G • AGENCY aret.Vs p1.A UtottM a -J SIGNATURE WQr,i.O.e DATE 4 .lgra 3 Q North CarolinaCi Department400 oCommercef EnvironmentalAvenue QualityMoorehead I Division otfCity.Coastal Management ty Office 1 North Carolina 28557 NC FIN CAROL AA om.nnnne Emn..ee.w e;;� Jr"' 252.808.2808 • i s, ROY COOPER n` Governor * l �"d ELIZABETH S.BISER *� „ Secretary �"" BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnarancdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. when appropriate, in-depth comments with supporting data is requested. REPLY: X 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 Rachel Love-Adrick AGENCY DCCM �) SIGNATURE �i y� �l��b�` RECEIVED DATE 4/24/2023 APR 24 2023 DCN.Ait CITY DE Q®®® NorthMore CarolinaheadCity DepartmentOffice1400 ofCommerce EnvironmentalAvenue Quality Moorehead I Division City of,CoNorth astalCarolina Management 28557 ^M=,...mw awft, 252.808.2808 ',Mc SATE o, ROY COOPER 11 ap. Governor %w ,5',. ELIZABETH S.BISER '.s. -. ,A/- *47 = SecretaryBRAXTON DAVIS NORTH CAROLINA Director Environmental Quality MEMORANDUM TO: Gregg Bodnar,Assistant Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District PlannefL Division of Coastal Management SUBJECT: Major Permit request by Stacy Peedin DATE: April 24, 2023 Consistency Determination:The request is consistent with/not in conflict with the 2012 Town of Cedar Point Land Use Plan certified by the CRC on February 7, 2013. Overview: The applicant is proposing to remove the existing basin boathouses&slips, docking facility& slips and construct pier, platform,three boathouses with a total of 4 slips which boat lifts. The project is located at 220 Dogwood Drive,Swansboro, Carteret County.The residential property is .47 acres(20,473 sf) in its entirety and an average of 5' above nhw. Pettiford Creek Bay runs along the north side of the property. The property is cleared with a house, maintained lawn grass, existing bulkhead basin/docking facility that runs along the shoreline.There is a 55'x 115'section of coastal wetlands,which consists mostly of Spartina alterniflora and Juncus roemerianus along the 303' of shoreline on Pettiford Creek Bay.The waters of Pettiford Creek Bay have approximately-1.5'to 2.5' lunar tidal amplitude. AECs onsite include CW, PTA & EW. The project location is in Pettiford Creek Bay, this waterbody is designated as a PNA, is closed to shellfish harvest, and is classified as SA; HQW. There are no shellfish resources within the project area. The bottom substrate is sand and no SAV were observed within the proposed platform, boathouse, and slip areas. Anticipated impacts: The proposed docking facility would shade/incorporate 320 ft2 of coastal wetlands shade and incorporate 2206 ft2 of open water habitat(no SAV).The increase in suspended sediment and turbidity levels from the piling placement would be temporary, occur while the piling placement is taking place and should be minimal given the bottom composition.The proposed docking facility should not be a hindrance to navigation due to the fact all portions would be located landward of the channel area.The proposed docking facility would also meet the minimum 15'setback from the riparian access lines and not exceed a maximum distance of 108'waterward of the edge of marsh or 165'from NHW. RECEIVED Basis for Determination: APR 2 4 2023 DCM-MFIti CITY Q NorthM CarolinaoreheadCity Department400 of EnvironmentalAvenue Quality I Morehead DivisionCity.ofNorth CoastalCaro Management ���/// Office Commerce na ..0R7}y CAROMD E vvvvvv aoa"a + \ r 252.515.5400 I The project site is in the Town of Cedar Point and is subject to the town's 2012 Land Use Plan.The Future Land Use Map (FLUM) designates the site as "Existing Growth Areas" with subject AECs defined as "Conservation and Open Space". Community Growth Areas: Areas designated for the community's most intensive future development. These areas include residences- both single-family and attached structures-businesses and offices, and other employment centers.These areas are located in areas having higher land suitability and where basic community facilities are either present or planned. Residential densities in these areas will be in the moderate range. Examples of community growth areas are very low intensity, residential uses that could be redeveloped into moderate density and agricultural land currently served by county infrastructure. Development densities would be similar to that of the existing core areas so as to promote consistency with the current community character. Prohibited uses include industrial and high density residential (above 8 units per acre). Land Use Policies:The LUP does not contain any policies applicable to this request. RECEIVED APR 24 2023 DCtUM-MHD crry D E Q?), North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 commerce Avenue I Morehead city,North Carolina 28557 n«w nn.M l Envimmentel a+nr� 252.515.5400 o���� � DEPARTMENT OF THE ARMY / , Jry\ WILMINGTON DISTRICT,CORPS OF ENGINEERS �/\ / 2 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 ,.... �p`P May 5. 2023 Regulatory Division Action ID No. SAW-2023-00636 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City,North Carolina 28557-3421 ionathan.howell@ncdenr.gov Dear Mr. Howell: Reference the permit application request of Stacy Peedin to remove an existing docking facility and boathouse, construct a pier, platform, and three boathouses, for a total of 4 slips with boat lifts, in waters of Pettiford Bay, adjacent to 220 Dogwood Drive, in Swansboro, Carteret County, in North Carolina. Specifically,the applicant proposes to construct a 5'x 132' pier that would extend from the existing bulkhead over coastal wetlands and into Pettiford Creek Bay. The pier would intercept a 17'x 3 3' L-head platform that would have a 5'x 12' stepdown platform, (2) 14' x 28' boathouses, a 5'x 47' finger pier, and a 16' x 16' boathouse to house 2 jet ski lifts. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S.Coast Guard Marine Safety RECEIVED MAY 0 5 2023 DCM-MHD CITY 1 -2- Office at(910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans,which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the permittee shall immediately report it to the N.C. Division of Water Resources at(919) 733- 5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to,the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of RECEIVED MAY 05 2023 DCM-MHD CITY -3- 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management(NCDEM),25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will,without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division,telephone(910)251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, ya Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished: USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Mr. Gregg Bodnar NCDEQ/DWR; Ms. Holley Snider/Mr. Michael Melinger USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood/Mr. Fritz Rohde (RECEIVED MAY 0 5 2023 DCIVI--MHL ATV 1 �7yc 4 ROY COOPER ,4 : -'�,� Governor �r-0 ELIZABETH S.BISER Secretary *tea""'�} RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality April 28, 2023 DWR#20230415 Carteret County Stacy Peedin 187 Tom Crocker Lane Selma, NC 27576 Sent via email to:speedin79@yahoo.com Subject: No Written Approval 220 Dogwood Drive—Swansboro—Pettiford Creek Bay USACE Action ID SAW#2023-00628 Dear Mr. Peedin: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request received by this office on March 21, 2023, to create an upland basin with floating dock and boatlift to provide mooring for four (4) vessels. DWR issues approval in the form of a Water Quality Certification (WQC)in conjunction with the CAMA Major Permit and General Permit(s)198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. The waters of the Atlantic Intracoastal Waterway in this area are classified as SA;HQW by the Division of Water Resources (DWR) and has been determined to be Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as a Nursery Area and the DWR supports the concerns and recommendations regarding dredging within these designated areas that were submitted by the Division of Marine Fisheries and the Wildlife Resource Commission. Requests to dredge within these areas must be consistent with 15A NCAC 02B.0220; 15A NCAC 02B .0222 which require that Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule(including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing,fish, and Primary Nursery Area(PNAs) wildlife;secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In accordance with the attached General Certification #4501 (GC 4501, the impacts described in your application do not require written authorization to utilize GC 4501. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal,state and local requirements before you go ahead with your project including(but not limited to) erosion and sediment control regulations. RECEIVED D_E Q North Carolina Department of Environmental Quality I Division of Water Resources MAY 10 2023 �" I27 Cardinal Drive Ext. Warrington,North Carolina 28�05-5406 o I.ca+ourA 910.796.7215 owrem a �' DCM—MHL CITY J Peedin-220 Dogwood Drive DWR Project#20230415 Page 2 of 3 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty(60)calendar days of receipt of this notice,a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at(919)431-3100,provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service(UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact me at 910-796-7303 or holley.snider@ncdenr.gov if you have any questions or concerns. Sincerely, fio� Snide- Holley Snider Environmental Specialist II 401 Buffer Permitting Branch Division of Water Resources Enclosures: GC 4501 REcFeyED MAY 10 2023 D EQNORTHCAROLINA v North Carolina Department of Environmental Quality I Division of Water Resources D ft4YI HC CITY 127 Cardinal Drive Ext. Wlmington,North Carolina 28I05-5406 .I 910.796.7215 1 Peedin-220 Dogwood Drive DWR Project#20230415 Page 3 of 3 cc: Steve Trowell, consultant,steveltrowell@gmail.com Gregg Bodnar& Cameron Luck, DCM Morehead City Office, EC DWR 401 & Buffer Permitting Branch file-LF WiRO MAY 10 2023 , ,,,,,,--- bE 1 North Carolina D.epartmnent of Environmental Quality i Division of Water Resources pcm44 L1 Iry C Q }1 127 Cardinal Drive Ext. W�mington,North Carolina 28{OS-5406 7 11J V rry NORTH CAROLINA �/ 910.796.7215 Npartn ed d fmkannwnW Or� n.,a 00, ROY COOPER �...7- J Governor � o ; ELIZABETH S.BISER 447., ,, Secretory �a' " BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar@ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. 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** XThis 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 "/ ' DATE 9 May 2023 MAY 1)9 2023 DCM-NING CITY 1NorthMorehead CarolinaCiODepartffiment400 ofCommerce EnvironmentalAvenue Quality Moorehead I Division ofCity,CoastalNorthCaro Management tty ce Ina 28557 NORTH D °qi°'"'°'elrinianotlai � /.1" 252.808.2808 !• ROY COOPER `j - Governor % It ELIZABETH S.BISERt* . Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) grembodnaff@ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. 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 Dan Sams AGENCY DEMLR SIGNATURE Pe 'e1- May 9,2023 RECEIVED DATE MAY -0 9 2023 DCM-MHD CITY D - - North Carolina Department of Environmental Quality I Division of Coastal Management [[�� /p Morehead Citty Office 1400 Commerce Avenue I Moorehead City,North Carolina 28557 o.wrrM Effloireormobi /mob° 252.808.2808 Weychert, Curtis R From: Weychert, Curtis R Sent: Tuesday, May 9, 2023 10:25 AM To: Steve Trowell; Peedin, Stacy; Stacy Peedin Subject: Major Permit Application 220 Dogwood Dr., Swansboro Steve and Mr. Peedin, Please accept this email as a notification of an extension of an additional 75 days (if needed) for further review of your project. I have received all comments at this point from the review agencies except for DMF and DWR. I have spoken with the DMF review staff and they have no significant concerns, so I am just awaiting final comments. I have reached out to DWR to se if there are any further questions they may have but I am still awaiting a response. DWR has been short staffed and has a large workload of projects at the moment, so this delay isn't unusual for a project such as yours. So far there have not been any negative comments or significant concerns regarding your proposed development and I will keep you updated on any progress with your proposed development activities. Regards, Curt Weychert Curtis Weychert DCM Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-515-5413 Curt.Wevchert(c�ncdenr.gov Find a Field Rep (arcgis.com) o , El CI .erL41; D_EQD 400 Commerce Avenue Morehead City, NC 28557 httb://portal.ncdenr.org/web/cm/dcm-home E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. i Stacy Peedin Pier and Boathouse Replacement 220 Dogwood Drive Carteret Count Swansboro NC N \ Petti ord Creek Bay \� ' e 2.5' s Water Depth Shown (-2 0') @NLW Taken Jan 20, 2023 at 1:30 pm (2) 14' x 28' Boathouses -2.2' \ -. yIr -2 2' of 17' 33' Platform Exist Boat ouse to be remove ill 5' x 12' -tepdown 4" A \ 2.0' • 16' x 16' Boat •use with ;*1‘ 4 14' x 14' doubl- (2) Jet Ski Lift 5' x 47' Finger pier -2.0' R. \ \` -1 5' 1.5 �� Exist Pier and platform : 5' 132' Pier .: o be removed 1 \\ ✓ ' 0, ardner Prop ,/� Exist Boathouse to be removed ,_ _ ' • Pee. ' 'rop Mabry 0 510 20 30 Feet tll BOl,RO: :1:1141.ar Geographic "h. �GV,1 M' _41 s 'CY91,T4ft ents, US „mil Plan View PFC,FmaD Scale: 1" = 30' Date: January 26, 2023 ( E `), 3 ,":/' Drawn By Steve Trowell Sheet 2 of 5 OCIMaMir1u ' I Peedin Pier and Boathouse Replacement Boathouse Cross Section Scale: NTS Dimensions Shown Date: January 26, 2023 Sheet 3 of 5 • ?R' ► 2 20' c c ll 8' 5' x 30' Fin:er Pier 5' x 38' Fin:er Pier NLW -2.2' -2.0' Creek Bottom Peedin Pier and Boathouse Replacement Jet Ski Boathouse Cross Section Scale: NTS Dimensions Shown Date: January 26, 2023 Sheet 4 of 5 16' (2) Jet Ski Cradles NLW 14 1 2.0' Creek Bottom l RF('FnfgO r.EB 2 :3 ;'<<i. OCIiM-N1HU ,A-v Peedin Pier and Boathouse Replacement Typical Pier Cross Section Scale: NTS Dimensions Shown Date: January 26, 2023 Sheet 5 of 5 Handrail i 5' Wide L Maintained Pier Decking _.. Yard o ii Min3' 6 i 4: - '- il \ V --*; 0 1 i'ZI NWL Coastal Wetlands Marsh Existing Vinyl Bulkhead Approx 66 Linear Feet ► Existing Conditions Peedinn Pier and Boathouse Replacement 220 Dogwood Lane Carteret Count Swansboro, NC Pettiford Creek Bay Existing 10'x 26' Platform To Be Removed N s Existing 8' x 16' Boathouse To Be Removed or Existing 4' x 130' pier To Be Removed '- w . .-„.,,,..i.Notwitii w �^ Al 4 4 a 10 Existing 25'x 25'Boathouse , To Be Removed I` ii w... Gardner Prop ;' ,�'...... :. _., 1 ..t , t :- 4", ! 0 510 20 30 Feef911 Boa d;GO ialysis(N r—1")o o t Existing Conditions PFC,PN/FD Peedin Pier and Boathouse Replacement Date: January 26, 2023 i=EP 2 3 ?O1 Drawn By Steve Trowel) Sheet 1 of 5 Oehonivitiii CITY DIVISION OF COASTAL MANAGEM ENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Stacy Peedin 2. LOCATION OF PROJECT SITE: 220 Dogwood Dr, in Swansboro, Carteret County. Longitude: 77°04'40 Latitude: 34°42'21 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE:Dates of Site Visit—03/15/23 Was Applicant Present—No Photos Taken—No 5. PROCESSING PROCEDURE: Application Received: Officially Submitted: 02/23/23 Complete—02/23/23 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan—Cedar Point 2/16/13 Land Classification from LUP—Residential/Conservation (B) AEC(s) Involved: CW, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing—Onsite Septic System Planned-None (F) Type of Structures: Existing—House with bulkhead,pier,platform, 1 boathouse with 3 slips, 4th covered slip Planned- Pier,platform, 1 slip boathouse, 1 slip boathouse, 2 slip jet ski boathouse(4 slips total) (G) Estimated Annual Rate of Erosion:N/A Source—N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Coastal Wetlands above NHW N/A N/A 320 ft2 Inc./Shaded (B) Open Water N/A N/A 2,206 ft2 Shaded/Inc. (D) Total Area Disturbed 2,526 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA/HQW Open: No Field Investigation Report Stacy Peedin 220 Dogwood Drive Page 2 of 3 8. Project Summary: The proposed project is for the removal of an existing basin boathouse, mooring facilities, dock and platform and the construction of a new pier,platform,boathouses, and 4 slips in Pettiford Creek Bay. 9. Narrative Description: The Stacy Peedin project is located at 220 Dogwood Drive, Swansboro, Carteret County. The residential property is .47 acres (20,473 sf) in its entirety and an average of 5' above nhw. Pettiford Creek Bay runs along the north side of the property. The property is cleared with a house,maintained lawn grass,existing bulkhead basin/docking facility that runs along the shoreline. There is a 55' x 115' section of coastal wetlands, which consists mostly of Spartina alterniflora and Juncus roemerianus along the 303' of shoreline on Pettiford Creek Bay. The waters of Pettiford Creek Bay have approximately -1.5'to 2.5' lunar tidal amplitude. The Division of Water Resources classifies this area as SA/HQW Waters. This area of Pettiford Creek Bay is designated as a Primary Nursery Area and is closed to the taking of shellfish. Water depths within this project location are -1.5'nlw/mlw to -2.5' nlw/mlw depending on location. The bottom substrate is sand and no SAV were observed within the proposed platform, boathouse, and slip areas. Pettiford Creek Bay is approximately 1700 feet wide at this location. According to the Google Earth SAV 2018 flyover data provided by DMF,there are no SAV within this location.No SAV were observed during the site visit. 10) Proposed Development: The applicant is proposing to remove the existing basin boathouses& slips, docking facility& slips and construct pier, platform,three boathouses with a total of 4 slips which boatlifts. The applicant is proposing to build a 5' x 132' pier that would extend from the existing bulkhead over coastal wetlands and into Pettiford Creek Bay. The pier would intercept a 17' x 33' L-head platform that would have a 5' x 12' stepdown platform, (2) 14' x 28' boathouses, a 5' x 47' finger pier, and a 16' x 16' boathouse to house 2 jet ski lifts. The most waterward portion of the proposed docking facility would not exceed a maximum of 170' from NHW, and 106' from the edge of coastal wetlands A minimum of 28' from Ganchor and 36' from Mabry riparian corridors. There would be a total of four slips with boatlifts. The boat size would be limited to a maximum of 24' and of open runabout design. The water depths within the slip areas are -2' nlw to-2.2' nlw/mlw depending on location,with connecting water depths of-2.5' plus nlw/mlw. Field Investigation Report Stacy Peedin 220 Dogwood Drive Page 3 of 3 11. Anticipated Impacts: The proposed docking facility would shade/incorporate 320 ft2 of coastal wetlands shade and incorporate 2206 ft2 of open water habitat(no SAV). The increase in suspended sediment and turbidity levels from the piling placement would be temporary, occur while the piling placement is taking place and should be minimal given the bottom composition. The proposed docking facility should not be a hindrance to navigation due to the fact all portions would be located landward of the channel area. The proposed docking facility would also meet the minimum 15' setback from the riparian access lines and not exceed a maximum distance of 108' waterward of the edge of marsh or 165' from NHW. Name: Kara Guthrie Date: 03/21/23 Office: Morehead February 20, 2023 Ms. Heather Styron,District Manager NC Division of Coastal Management 400 Commerce Avenue Morehead City,North Carolina 28557 Dear Ms. Styron: Enclosed is a Major CAMA permit application submitted on behalf of Mr. Stacy Peedin for replacement of an existing pier,platform and boathouses (2) onsite Mr. Peedin's property located off SR 1429 at 220 Dogwood Drive adjacent Pettiford Creek off the White Oak River near the Town of Swansboro in Carteret County,North Carolina. The existing pier,platform and mooring facilities(2- boathouses)for a total of 4 slips are succumbing to the elements and the basin containing the 25' x 25' existing,three slip, non-conforming boathouse has shoaled to the point that access is limited to times around high tide.Therefore,Mr.Peedin is proposing to tear down and completely remove the existing pier,platform and boathouses. He proposes to build a 5' x 132'pier with a 17'x 33' L-Head platform, (2) 14' x 28' boathouses a 5' x 47' finger pier to access vessels in the boathouses. Also,another 16' x 16' boathouse is proposed to house a double (2)jet ski lift for a project total of 4-slips. A 5' x 12' stepdown platform is proposed on the landward side of the L-head platform to be used by older family members while entering or exiting a boat laying side to the platform. A pre-filing meeting request was sent by email on January 24, 2023 to satisfy the 401 Certification requirement, although a General Certification 4501 exist for the project impacts without having to obtain an Individual 401 Certification which trips the pre-filing meeting requirement. Included in the application package is an automatic email reply to the prefiling meeting request along with the email requesting the meeting required under 40 CFR Part 121 for 401 Certifications in accordance with the Federal Clean Water Act. 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 act on this CWA 401 certification request within the applicable reasonable time period. Since�,� Steve Trowe Enclosures REC:FIVED FEB 2 3 2023 DCM-MHD CITY KM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name(if applicable) N/A Peedin Pier and Boathouse Replacement Applicant 1: First Name MI Last Name Stacy L. Peedin Applicant 2: First Name MI Last Name If additional applicants,please attach an additional page(s)with names listed. Mailing Address PO Box City State 187 Tom Crocker Lane N/A Selma North Carolina ZIP Country Phone No. FAX No. 27576 US (919) 291-2678 ext. Street Address(if different from above) City State ZIP Email speedin79@yahoo.com 2. Agent/Contractor Information Business Name Coastal Environmental Solutions LLC Agent/Contractor 1: First Name MI Last Name Steve J. Trowel! Agent/Contractor 2: First Name MI Last Name Mailing Address PO Box City State 102 East Watson Street Windsor VC ZIP Phone No. 1 Phone No. 2 27983 (252)402-4015 ext. - - ext. FAX No. Contractor# Street Address(if different from above) City State ZIP Email RFCEPFD stevejtrowell@gmail.com PEB 2 3 2023 <Form continues on back> DCM-MHD CITY 252-808-2808 .. 1-888-4RCOAST www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Carteret 220 Dogwood Drive SR 1429 Subdivision Name City State Zip White Oak Swansboro NC - 28584 Phone No. Lot No.(s) (if many,attach additional page with list) ext. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Pettiford Creek Bay c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ['Manmade DUnknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed DYes No work falls within. 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 303 feet 0.47 acres, 20,473 ft2 c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or n/a NWL(normal water level) (If many lot sizes,please attach additional page with a list) 5' ®NHW or❑NWL e. Vegetation on tract High marsh vegetated with black needle rush. Uplands vegetated with maintained lawn grasses and various hardwood trees. f. Man-made features and uses now on tract Existing residence, existing bulkhead, 3 slip- 25' x 25' enclosed boathouse, pier and platform and smaller boathouse adjacent platform. g. Identify and describe the existing land uses adjacent to the proposed project site. Project site is in a residential subdivision. Most lots are developed with a residence and pier, some with boatlifts and or boathouses. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate,if applicable) N/A Dyes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Dyes No DNA If yes,by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Dyes No DNA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes [No (ii)Are there coastal wetlands on the site? ®Yes ❑No (iii)If yes to either(I)or(ii)above,has a delineation been conducted? ®Yes ❑No (Attach documentation,if available) n. Describe existing wastewater treatment facilities. Existing septic system o. Describe existing drinking water supply source. Carteret County p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose,use,and daily operations of the project when complete. Purpose of project is to replace existing aging pier and boathouse structures to provide for continued water access for small open runabout recreational vessels and jet skis. Two 14'x 28' boat houses and a 16' x 16' boathouse over a proposed double(2)jet ski lift used to moor vessels owned by the applicant. c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type of equipment and where it is to be stored. Standard marine construction equipment including an excavator on an equipment barge, power hand tools. d. List all development activities you propose. Propose to replace existing pier and boathouses. A 5' x 132' pier to a 17' x 33' L-head platform with a 5' x 12' stepdown, a 5' x 47' finger pier accessing the (2) 14' x 28' boathouses and a 16' x 16' boathouse. e. Are the proposed activities maintenance of an existing project,new work,or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or['Acres 2,063 ft2 g. Will the proposed project encroach on any public easement,public accessway or other area DYes ❑No ®NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff. i. Will wastewater or stormwater be discharged into a wetland? DYes No DNA If yes,will this discharged water be of the same salinity as the receiving water? DYes ❑No DNA j. Is there any mitigation proposed? DYes No DNA If yes,attach a mitigation proposal. PFOPNIF-0 <Form continues on back> FEB 2 3 2023 OGi -iv U CITY 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net • Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form,(MP-1)the following items below,if applicable,must be submitted in order for the application package to be complete. Items(a)—(f)are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps,plats,drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. $250 f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name James Mabry Phone No.(336) 710-1915 Address 200 Dogwood Drive, Swansboro, North Carolina 28584 Name Barbara L. Gardner Phone No.(919) 738-9315 Address 1820 NC HWY 111 North, Goldsboro 27530 8183 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates. CAMA/Dredge and Fill GP 79534-C for bulkhead, pier and boathouse replacement issued Aprill, 2021. CAMA/Dredge and Fill GP 88739-C for bulkhead replacement issued November 4, 2022. h. Signed consultant or agent authorization form,if applicable. i. Wetland delineation,if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S. 113A 1-10),if necessary. If the project involves expenditure of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the be f my knowledge. Date February 20, 2023 Print Name Stev T el Signature Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development DCM MP-4 Structures Information Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i)Will the facility be open to the general public? DCommercial [Public/Government ®Private/Community ['Yes No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ®Yes ❑No (ii)Number 1 If yes: (iii)Length 132' (ii)Number 2 (iv)Width 5' (iii)Length 12',47' (v)Floating ❑Yes No (iv)Width 5', 5' (v)Floating ❑Yes No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii)Number 1 (ii)Number 3 (iii)Length 33' (iii)Length (2) 13', 14' (iv)Width 17' (iv)Width (2) 13', 14' (v)Floating ❑Yes No Note: Roofed areas are calculated from dripline dimensions. g. (i)Number of slips proposed h. Check all the types of services to be provided. 4 ❑Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service 4 ❑Dockage,fuel,and marine supplies ®Dockage("wet slips")only,number of slips: 4 ❑Dry storage;number of boats: ❑Boat ramp(s);number of boat ramps: ❑Other,please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served(e.g.,open runabout, ❑Land cut and access channel charter boats,sail boats,mixed types). ❑Open water;dredging for basin and/or channel 16'to 24'open runabout ®Open water;no dredging required ['Other;please describe: k. Typical boat length: 20' I. (i)Will the facility be open to the general public? ❑Yes No RFCFI\OFD m. (i)Will the facility have tie pilings? ❑Yes No (ii)If yes number of tie pilings? FEB 2 3 2Q/ DCM-MHLi Ore revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑Toilets for patrons;Number: ; Location: ❑Showers ❑Boatholding tank pumpout;Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste,fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i)Give the location and number of"No Sewage Discharge"signs proposed. (ii)Give the location and number of"Pumpout Available"signs proposed. f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and"No Wake"signs proposed. i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina,what types of services are currently provided? 252.808-2808:: 1-888-4RCOAST::www.nccoastalmanagement.net revised: 12/27/06 • Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ®Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shell bottom (SB),or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. 3. BOATHOUSE(including covered lifts) ❑This section not applicable a. (i) Is the boathouse structure(s): ['Commercial ['Public/Government ®Private/Community (ii)Number 3 (iii)Length (2)28',16' (iv)Width (2)14',16' Note: Roofed areas are calculated from dripline dimensions. 4. GROIN(e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii)Length (iii)Width 5. BREAKWATER(e.g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW,NWL,or wetlands c. Maximum distance beyond NHW,NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Govemment ['Private/Community c. Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,etc.) Note: This should be measured from marsh edge,if present. RECFI\'ED e. Arc of the swing FEB 2 3 2023 OCIV1-M tiO CITY 252-808-2808:: 1-888-4RCOAST::www.nccoastalmanagement.net revised: 12/27/06 4 • Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities. 28' (Gardner), 36' (Mabry) 167' to the West and 50' to the East Note: 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 1,700' 2.2'@NLW e. (i) Will navigational aids be required as a result of the project? DYes No DNA (ii)If yes,explain what type and how they will be implemented. 8. OTHER ®This section not applicable a. Give complete description: February 20, 2023 Date Peedin Pier and Boathouse Replacement Project Name Stacy L. "ee•' /. sle-C /'(dC(2G//4-c,--7 Applicant N. I i _ / Applicant Signature 252-808-2808:: 1-888-4RCOAST::www.nccoastalmanagement.net revised: 12/27/06 Stacy Peedin Site Location Map 220 Dogwood Drive (j � ���C/arte_Carteret Count _ Swansboro, NC ��� A `�N / dif}�y ,ems . \ :� r r3, {t�� ,i 1 �'7 i i•• fir ::arry 3I .t fr'• �' f f • -,\ , i '%.4—`" ,, 'I" i ' f i I ill . i 'N•-•7 \s'16.---...":' <,,.: 1 1.,!' , .f *jw } lr :ram 1 A 4- if \ Ait ill!A Petttford reek c� .. #: — ,�# "�`,..�-�,_.�, , �....- � � .. f/'J Project Site - r °; 34.706322° • tr \ . '. • . ,. F�+ 2,� e.. } `1, , , • 77.078184° , 'lit - — '^ 79./ (. �O .t T • j f y J c. f far. �aa . 6 .447....., aa:ga - :I . .4 ,+ 35 , a s ,p dux1 z . SIICA Ci 441..,14_, = -a s / G �0 4,. ., rji r A DEtNVo MA' 3: 1 •, e DE--, ./ , * " 11 1{` 'a4 ��p' / j o f Q t. 11 )�gf y- 1 1.— t• "ice \.: c x�T f�� et� a '' - 1 O il ,,i (----."---- ----`1 ‘ -1-25),,,:lj..., /'. ..*: .,' ' , ',.' '. ' ^ . "ter"1' 0 r 2 • a. g 1.7 Miles;iety 0 0.425 0.85 . v in-I I i Rtr, ', D Date: January 26, 2023 Drawn By Steve Trowell FEB 2 ?°23 Version 1 CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Stacy Peedin Mailing Address: 187 Tom Crocker Lane, Selma, North Carolina 27576 Phone Number: (919) 291-2678 Email Address: speedin79@yahoo.com I certify that I have authorized Steve Trowell Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: pier, platorm and boathouse construction at my property located at 220 Dogwood Lane near Swansboro in_ Carteret County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property )wner Informatio . ;ow: Signature j/i Print or Type Name Title I I Date This certification is valid through I I_ R1=CEIVF.D FEB 2 3 2023 Oeto-MMLi CITY ," mac - . 4%, ROY COOPER „� 2�+, 1%'a '� Governor N�11` �'-p';Y ELIZABETH S.BISER .,4 n 07. Secretary `4` .40.=" BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21,2023 Stacy Peedin C/o Steve Trowell 102 East Watson St Windsor,NC,27983 Dear Mr. Peedin: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project at 220 Dogwood Drive, Swansboro, Carteret County. The application was received as complete on 02/23/2023 and appears to be adequate for processing at this time. The projected deadline for making a decision is 05/09/2023.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 02/23/2023,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner,developer,and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, i6iyairegida Kara Guthrie Field Representive,Division of Coastal Management D --", ), North Carolina Department of Environmental Quality I Division of Coastal Management , ..,,--- Morehead City Office 400 Commerce Avenue Morehead City,North Carolina 28557 NORTH CAROL.NA Dew..mol EnnronmerNIa,,\ /`� 252.515.5400 N() T1 CAMA PERMIT APPLIED FOR . . • � J PLO ECT: � � r ' .! A . ,. 41 A ili6 Al A . . I tY'r.. ..77V7A11.KWill A Irtirlh .8 -,41 A I ,�[r • d r ►lr • jo COMMENTS ACCEPTED THROUGH 4.111cii APPLICANT: FOR MORE DETAILS CONTACT THE LOC ' L P MIT OFFICER BELOW: hp. - �� 0 '' ' r1C con 3 ' K. KailltygdPigi;t 1" _ � -' § AZT' 1 ' M.11) t FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC August 17,2018 11:09:59 AM DEED # Pages:3 Fee:$26.00 NC Revenue Stamp:$340.00 FILE# 1617122 1"crei. This instrument should be mailed to: Grantee Prepared by: Kenneth R Jones PA Brief Index Description Tract White Oak Tnniiship Parcel Identifier Number:537504734572000 Excise Tax:$340.00 This conveyance is insured by a policy of title insurance issued by Fidelity Insurance Co.. NORTH CAROLINA GENERAL WARRANTY DEED THIS WARRANTY DEED is made August 17,2018 by and between: John W Waters 1513 West New Hope Road Goldsboro,NC 27534 (hereinafter referred to in the neuter singular as "the Grantor")and Stacy Lee Peedin single 408 South Peedin Ave Selma,NC 27576 (hereinafter referred to in the neuter singular as "the Grantee") : WITNESSETH,that the Grantor,for a valuable consideration paid by the Grantee,the receipt of which is hereby acknowledged,has and by these presents does hereby give,grant,bargain,sell and convey unto the Grantee,its heirs,successors,administrators and assigns,all of that certain piece,parcel or tract of land situated. in White Oak township of said Carteret County,North Carolina,and more particularly described as follows: See Attached Exhibit A The property herein described was acquired by the Grantor by deed recorded in Book 402, Page 265. The property described above was not the primary residence of the Grantor. REC.I\/FD submitted electronically by "Law office of Kenneth R Jones PA" FEB 2 3 20?3 in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret County Register of Deeds. DCNh-MIMU CITY 1617122 , TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple,has the right to convey the same in fee simple,that title is marketable and free and clear of all encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the following exceptions: 1. Public Utility Easements for Local Service. 2. Restrictive covenants of record 3. 2018 ad valorem taxes and all future years. IN WITNESS WHEREOF,the Grantor has set its hand and seal and does adopt the printed word "SEAL"as its lawful seal. .z.-� .Gj. f''' (Seal) (Seal) Jokti W Waters North Carolina,Caretert County I,a Notary Public of Harnett County and State aforesaid,certify that John W Waters, Grantors,personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal,this the /-I day of 20 ' ' Notary public { My commission expires: r--Cv`/' ;z. 'S1 1617122 Exhibit A Legal Description for Stacy Lee Peedin Property Address is 220 Dogwood Drive, Swansboro, NC 28584 PAR#: 537504734572000 Beginning at a stake on the Northern right of way of Dogwood Drive, said stake being the most Southwestern corner of Lot #1 Bay View Park; thence from the beginning with Northern right of way of Dogwood Drive, North 74 deg 00 min East 80.00 feet to a stake; thence leaving the Northern right of way of Dogwood Drive,North 16 deg 00 min West 140.44 feet to a stake at the high water mark of Pettiford Bay; thence with the high water mark of Pettiford Bay, South 86 deg 51 min West 20.52 feet to a stake;thence continuing with the high water mark of Pettiford Bay, North 79 deg 44 min West 66.90 feet to a stake, the most Northeastern corner of Lot #10;thence leaving the high water mark of Pettiford Bay with and beyond the line of Lot#10 and to and with the line of Lot#1, South 16 deg 00 min East 174.60 feet to a stake on the Northern right of way of Dogwood Drive, the most Southeastern corner of Lot #1, the point of Beginning. RFCFPVPD p'+�FEB 2 3 ;'0/` N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONiWAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Stacy Peedin Address of Property: 220 Dogwood Drive, Swansboro, NC 28584 Mailing Address of Owner: 187 Tom Crocker Lane, Selma, North Carolina 27576 Owner's email: speedin79@yahoo.com Owner's Phone#: (919) 291-2678 Agent's Name: Steve Trowel) Agent Phone#:(252)402-4015 Agent's Email: stevejtrowell@gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property.The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. 17- I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave.,Morehead City,NC 28557.DCM representatives can also be contacted at(252)808-2808. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier,dock, mooring pilings, boat raip, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15'from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wistliko waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15'setback r . w/ C'7Q Signet 'e of Adjacent Riparian Property Owner -OR- ! do not wish to waive the 15'setback requirement(initial the blank) Signature of Adjacent Riparian Property Owner: t,,r�_�/?-72e V Typed/Printed name of ARPO: James Mab Mailing Address of ARPO: 200 Dogwood Drive, Swansboro, North Carolina 28584 ARPO's email:JCPu(f..T/Cy,s`3ey 7L..CD4 pO's Phone#: 33(• ?t'O /`?/,r— Date: c2. — /- o2-3 *waiver is valid for up to one year from ARPO's Signature* Revised July 2021 RECiEn/PD FEB 2 3 2DT DCM-M1-it) + iTV N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Stacy Peedin Address of Property: 220 Dogwood Drive, Swansboro, NC 28584 Mailing Address of Owner: 187 Tom Crocker Lane, Selma, North Carolina 27576 Owner's email: speedin79@yahoo.com Owner's Phone#: (919) 291-2678 Agent's Name: Steve Trowel) Agent Phone#: (252) 402-4015 Agent's Email: stevejtrowell@gmail.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property.The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing,with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management(DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave.,Morehead City,NC 28557.DCM representatives can also be contacted at(252)808-2808. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed 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 (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15'setback Signature of Adjacent Riparian Property Owner -OR- I do not wish to waive the 15'setback requirement(initial the blank) f,1-, Signature of Adjacent Riparian Property Owner: , 01z-s'��uL Typed/Printed name of ARPO: Barbara L. Gardner Mailing Address of A/R/PO: 1820 W f NC HY 111 North, Goldsboro 27530 8183 ARPO's email: 46Dd?AI/216i//ve.CoHi ARPO's Phone#: 9/9-�f Date: ,2"1/023 `) *waiver is valid for up to one year from ARPO's Signature* FPFC,F'VP LI Revised July 2021 FEB 2320/ ROY COOPER Governor - `\11, ELIZABETH S.BISER '` ', Secretary / 44 QuAm" BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality Carteret News Times March 21, 2023 PO Box 1679 Morehead City, NC 28557 Re: Public Notice - Stacy Peedin, 220 Dogwood Drive Dear Sir: Please publish the attached Notice in the 03/29/2023 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit,an original copy of the published notice,and an original invoice to Amanda Cannon, NC Division of Coastal Management,400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 515-5400. Thank you for your assistance in this matter. If you should have any questions,please contact me at our Morehead City office. Sincerely, /tar-a Otk.ti Kara Guthrie Coastal Management Representative . -?3,D North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City.North Carolina 28557 NORTH CAROUNA wp.m.aarn.im..+,iMalty 252.515.5400 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 02/23/2023.According to said application, Mr. Stacy Peedin proposes to remove existing basin, boathouse, mooring facilities, dock and platform and the configuration of a new pier, platform,boathouses, and 4 slips at 220 Dogwood Drive in Swansboro, NC. A copy of the entire application may be examined or copied at the office of Kara Guthrie, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 515-5400 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 4/30/2023, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: 3/29/2023 J/ North Carolina ODepartmentffi1 ofCommerce Environmental Quality I DivisionCity of Coastal Management Morehead City ce 400 Morehead ,North Carolina 28557 NORTH OAROUNA Nporbrt w BwIronnontal +� /64° 252515.5400 ROY COOPER ', :' Governor ELIZABETH S.BISER Secretary BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality March 21, 2023 MEMORANDUM: FROM: Gregg Bodnar, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar ncdenr.gov SUBJECT: CAMA Application Review Applicant: Stacy Peedin Project Location: 220 Dogwood Dr Swansboro, Carteret County Proposed Project: Construct new pier, platform, boathouses, and 4 slips 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 April 21, 2023. If you have any questions regarding the proposed project, contact Kara Guthrie 252.515.5421. 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 _E North Morehead CarolinaCityO Departmentffice1400 ofCommerce EnvironmentalAvenue Quality Moorehead I Division Ci ofty,CoastalNorthCaro Management na 28557 � D reral :Lny� /`' 252.808.2808 1""iN„ TICAMA n DREDGE & FILL N9 88739 A B CD GENERAL PERMIT Previous permit Date previous permit issued ❑New Modification n Complete Reissue ❑Partial Reissue As authorized by the State of North Carolina,Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: 15A NCAC ❑Rules attached. ❑ General Permit Rules available at the following link:www.deq.nc.gov/CAMArules Applicant Name Authorized Agent Address Project Location(County): City State ZIP Street Address/State Road/Lot#(s) Phone#(—_) Email Subdivision City ZIP Affected ❑CW n EW ❑PTA n ES Li PTs Adj.Wtr.Body (nat/man/unk) AEC(s): ❑OEA n IHA ❑UW n SPIMA ❑PWS Closest Maj.Wtr.Body ORW:yes/no PNA:yes/no Type of Project/Activity (Scale: Shoreline Length Access Length Pier(dock)length Fixed Platform(s) • Floating Platform(s) Finger pier(s) • Total Platform area • Groin length/# Bulkhead/Riprap length Avg distance offshore Breakwater/Sill :.:. _. . Max distance/length Basin,channel ' Cubic yards Boat ramp Boathouse/Boatlift • Beach Bulldozing • Other SAV observed: yes no Moratorium: n/a yes no Site Photos: yes no Riparian Waiver Attached: yes no A building permit/zoning permit may be required by: Permit Conditions I I TAR/PAM/NEUSE/BUFFER(circle one) ❑ See note on back regarding River Basin rules riSee additional notes/conditions on back I AM AWARE OF STATUTES,CRC RULES AND CONDITIONS THAT APPLY TO THIS PROJECT AND REVIEWED COMPLIANCE STATEMENT. (Please Initial) RECEIVED Agent or Applicant PRINTED Name Permit Officer's PRINTED Name FEB 2 3 2023 Signature**Please read compliance statement on back of permit** Signature pp���y,1 DGM—MHU ii' ! T Application Fee(s) Check#/Money Order Issuing Date Expiration Date WCAMA / - DREDGE & FILL N 79534 A B C D (9.1NERAL ?PERMIT Previous permit# �`= ew Modification Complete Reissue Partial Reissue Date previous permit issued As aorized by the State of North Carolina,Department of Environmental Quality '////o 0 /7 and the Coastal Resources Commission in a ea of environmental concern pursuant to 15A NCAC 6 ❑ es attached Applicant Name J TGCc- to i./1 Project Location: County Ryl✓irk Address 0 i' Sb 441 f t' • 71-c-...-e Street Address/State Road Lot#(s) a City l' M State A ZIP I-7��v _ 1 0 O c^' G- c., !�` j S Phone#( 9 / I U'17'. Mail / l SubdivisionA i j - - - Authorized Agent R t V ' P ►J 4- c— Lict-1 City I `e l6/,^c ZIP_ rpgif pl.PTA pig ❑PTS Phone# ( ) _ River Bin t Ag-- Affected ❑OEA ❑HHF ❑IH ❑UBA ❑WA AEC(s): Adj.Wtr. Body __ / man unkn ❑PWS: ORW: yes / no PNA�`/ no j Closest Maj.Wtr.Body_-- pActivity 'r3 Ie cf , l i/,v d 6 ii K/3,P,/;' Type of Project/ � G c UG 4- x 13 Lood , << q/y2 ( .1J 1.1/c/) 1,',R_ (Scale: / 72T Pier(dock)length //, f:J ___. v Fixed Platforms __ ,li fler3 '410 1( P,.. ii,,,,/ i ,A , ._ Floating Platform(s) � it I3Ch(': i ! Cy- . _! V ' Finger pier(s) {— ) ti L Groin length �� ( . I I nv� r • iI �. 1 B<ulkhe_ad iprap length —� , , �bvg distance offshore_( 1.2 j . , . . . max distance offshore (/ -- \ Basin,channel— J :72 . ; ": ' cubic yards . i - N. i /_,/// i Boat rampq' �' — ' . : I r, 1 ,_ 1 - oathou tl' ✓l Beach Bulldozing Other Shoreline Length— 3")— ' ' •__�-- ___. -._SAV: not sure yes Moratorium: n/a yes 6, ' nn ! I Photos: yes dio L1 r/ j" s'ci✓f Waiver Attached: yes /nq A building permit may be required by: C r✓4M JJ See note on back regarding River Basin rules. (Note Local Planning Jurisdictio )- J I •.e 1 Noc/Special conditions 0 "� �f Z� // t V ' l( Yi / .KP/ '}',`'Fb 1 ( ti ( c S:4/c ��� C��u,^y l?°��r/ �S ` r`"�,� �SIt �� r�.. ? 1 (78I3 John Gud s — g �'''/�� `�'r- Agent or A • ant P ted Name Permit Off rioted NamflemAvn-n P� rry Sign/ "�* lease read compliance statement on back of rmit**- Signat re (/ .`� lO ( 1, t / . Date P A ti ee(s) Check# Issuing Da e irati Gmail Steve Trowell<stevejtrowell@gmail.com> Automatic reply: [External] Pre-filing Meeting Request for Peedin 220 Dogwood Land Swansboro 1 message 401 PreFile<401 PreFile@ncdenr.gov> Tue, Jan 24, 2023 at 1:54 PM To: Steve Trowell<stevejtrowell@gmail.com> This email confirms receipt of your pre-filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre-filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non-Transportation Central Staff: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- permitting/401-buffer-permitting-contacts For Non-Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx? dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deq.nc.gov/about/divisions/water-resou rces/water-resources-permits/transportation- permitting/staff-contacts R,Fr,FVPD FEB 2 OCM-MAD CITY https://mail.google.com/mail/u/0/?ik=b180975279&view=pt&search=all&permthid=thread-f%3A1755931182094660852&simpl=msg-f%3A17559311820... 1/1 MAJOR PERMIT FEE MATRIX -4 VO oa- a5© — Applicant: �-e..0,A%n Selection Development Type Fee DCM % DWQ% (14300 1601 4351000931625 6253) (24300 1602 435100095 2341) 4\3_ 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: 1 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: i 0 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: I 1 II1(A). Private, non- 0 . commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 4097 (See attached) can be applied: , III(B). Public or commercial 0 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 0 Quality Certification No. $400 60% ($240) 40%($160) 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: NC Division of Coastal Management Major Permit Application Computer Sheet (11/01/2012) Applicant:Stacy Peedin Date:03/21/2023 Project Site County Carteret Staff: KG District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Peedin Date of initial application submittal(EX: 1/8/2007): 02/23/2023 Date application`received as complete"in the Field office;02/23/2023 Permit Authorization:®CAMA ❑Dredge&Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ®Yes ❑No Photos Taken: Yes 0 No® Setback Required(riparian): ®Yes ❑No Critical Habitat: Oyes No ❑Not Sure 15 foot waiver obtained: Oyes ®No Hazard Notification Returned: Oyes ZNo SAV:ales No ❑Not Sure Shell Bottom: Oyes ❑No ❑Not Sure Temporary Impacts: ®Yes ❑No Sandbags: Dyes ❑No ❑ Not Sure Did the land use classification come from Mitigation Required(optional): county LUP: Oyes ZNo Oyes ®No Moratorium Conditions: Oyes .❑No Environmental Assessment Done: DNA Oyes No DNA 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 ❑(404)Corp.of Engineers(Jurisdictional ❑ (LS)Sea lavender(Limonium sp.) ❑ (SS)Glasswort(Salicornia sp.) wetlands) ❑(CJ)Saw grass(Cladium jamaicense) ® (SA)Salt marsh cordgrass(Spartina 0 (SY)Salt reed grass(Spartina alterniflora) cynosuroides) ❑(DS)Salt or spike grass(Distichlis spicata) ❑ (SC)Bullrush or three square(Scirpus sp.) ®(TY)Cattail(Typha sp.) (JR)Black needlerush (Juncus ❑ (SP)Salt/meadow grass(Spartina patens) roemerianus) APPLICATION FEE O No fee required-$0.00 ❑ III(A)Private w/D&F up to 1 acre;3490 can ❑ III(D)Priv.public or comm w/D&F to 1 acre; be applied-$250 3490 can't be applied-$400 ❑ Minor Modification to a CAMA Major permit- ❑Major Modification to a CAMA Major permit ❑ IV Any development involving D&F of more $100 -$250 than 1 acre-$475 ❑ Permit Transfer-$100 ❑ III(B)Public or commercial w/D&F to 1 ❑Express Permit-$2000 acre;3490 can be applied-$400 ❑Major development extension request- 0 II.Public or commercial/no dredge and/or fill $100 -$400 ® I.Private no dredge and/or fill-$250 ❑ lll(C)Priv.public or comm w/D&F to 1 acre; 3490 can be applied;DCM needs DWQ agreement-$400 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant Stacy Peedin Date: 03/21/2023 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Boatlift 2 New Work El Replace 13' 14' Maint❑ ❑Y ® N 1 New Work® Replace Pier Maint❑ ❑Y ® 5' 132' N Platform 1 New Work El Replace 17' 33' Maint❑ ❑Y ❑ N Boathouse 2 New Work® Replace 14' 28' Maint❑ ❑Y ® N Boathouse 1 New Work El Replace 16' 16' Maint❑ ❑Y ® N 1 New Work® Replace Finger Pier Maint❑ ❑Y ® N 5' 12' Finger Pier 1 New Work® Replace 5' 47' Maint❑ ❑Y ® N Jetski Boatlift 2 New Work[El Replace 8' 10' Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N New Work 0 Replace Maint❑ ❑Y ❑ N Applicant Stacy Peedin Date: 03/21/2023 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) Open Waters Dredge 0 Fill 0 Both 0 Other El2206sf 2206sf Coastal wetlands Dredge 0 Fill 0 Both 0 Other ® 320sf 320sf Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both ❑ Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other 0 AGENCY' REVIEW DISTRIBUTION SHEET FOR PROJECT COMMENTS DCM Coordinatrt Weychcpt, �� Distributed Yes® No ❑ Applicant: �� {� Distribution Date: o�n 1 05 AGENCY WIRO WARO LPO t!C.\\9� r�X.S Rachel Lo Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Tancred Miller Eliz City US COE: Liz Hair Raleigh Bland (Beaufort, Camden, Chowan, (Carteret, Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Greg Curry(TDB) Josh Peletier(Bertie, Currituck, Dare, Gates, (Brunswick, New Hanover) Pamlico, Pasquotank, Washington) US COE (NC DOT) Brad Shaver Tom Steffans (NCDOT) (NCDOT, Brunswick, New Hanover, Bill Biddlecome (NCDOT) Onslow, Pender) Mark Zeigler(Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret, Craven, Eliz Lee Padrick (Beaufort, Carteret, Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill-Earley Renee Gledhill-Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding Jimmy Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins &Andy Haines Shannon Jenkins&Andy Haines Tim Walton & Mike Moser&Wanda State Property Hillard Tim Walton & Mike Moser&Wanda Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment& Erosion Holley Snider(Carteret, New Hanover Roger Thorpe Storm water Onslow, Pender) � � Robert Tankard DWR 401 John Perry C (�� Glenn Stewart Christine Hall � /-{�� Joanne Steenhuis (NCDOT, Brunswick, (NC DOT) New Hanover, Onslow, Pender) Garcy Ward (NCDOT) hGsiV WRC Maria Dunn (WARO) Maria Dunn (WARO) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter C:\Users\mjkeefe\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\3XZEL3EY\Comment Sheet-sending for comments.docx Revised:1/12/2023