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HomeMy WebLinkAbout100-23 Mod Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, September 27, 2023 1:04 PM To: Raleigh Bland (Raleigh.W.Bland@Usace.army.mil); DCR - Environmental_Review; Whitfield, Clif; Harrison,James A; Harris, David B;Jenkins, Shannon; Haines, Andrew; Walton,Tim; Moser, Mike; Montalvo, Sheri A;Tankard, Robert; Stewart, Glenn A; Nyarko, Paul; Dunn, Maria T.; Buchanan, Misty Subject: Beacon St. 100-21 Major Mod Attachments: 101-21MM Beacon Street Belhaven LLC.pdf Attached is New Major Mod for 100-21for the above subject project.The original has been sent to the permittee via LISPS. Best, Gregg Bodnar(he/him/his) Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 Please note my new email address (gregg.bodnar@deq.nc.gov). 1. Find a Field Rep (arcgis.com) 0 • ' ° il'IDIE Q ,) NORTH CAROLINA Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Permit Class Permit Number MODIFICATION/MAJOR 100-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission I crmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Beacon Street Belhaven LLC., PO Box 6474,Raleigh,NC 27628 Authorizing development in Beaufort County adj to Pantego Creek,at 166 East Water Street, in Belhaven ,as requested in the permittee's application dated 6/5/23, including attached workplan drawings(4), Sheets 1.1,2.1 and 6.1 all dated 6/2/23 and Sheet C4.01 dated 5/ /2023. This permit, issued on September 27,2023 ,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 civil or criminal penalties;or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the docks,piers,and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application.No other structure, whether floating or stationary, shall become a permanent part of this marina 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 marina. Any sewage discharged at the marina shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (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. —� Any maintenance work or project modification not covered hereunder requires further Division approval. Braxton C. Davis,Director Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. September 27,2028 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 Beacon Street Belhaven LLC. Permit No. 100-21 Page 2 of 4 ADDITIONAL CONDITIONS 3) 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. 4) In accordance with commitments made by the permitte the access pier shall not exceed six feet in width and shall be elevated a minimum of three feet above the any wetland substrate as measured from the bottom of the decking. 5) 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. 6) This permit authorizes a maximum of six(6) formalized boat slips. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 8) The authorized covered platform shall not be enclosed.Any material used on the sides shall not obstruct view and shall be permeable to air and water. 9) The roof of the covered platform shall not be designed for second story use. 10) 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. 11) 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. Shoreline Stabilization - Bulkhead 12) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 13) No vegetated wetlands or open water shall be excavated or filled, even temporarily,outside of the approved bulkhead alignment. 14) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days,or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. Beacon Street Belhaven LLC. Permit No. 100-21 Page 3 of 4 ADDITIONAL CONDITIONS 15) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 16) The bulkhead shall be constructed prior to any backfilling activities. 17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 18) This permit does not authorize any excavation waterward of the approved alignment. � a 19) The fill material shall be clean and free of any pollutants except in trace quantities. 20) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 21) No backfill material is to be placed within 30 feet of the normal water level, except that which will be used to backfill the area behind the permitted bulkhead. 22) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Upland Development 23) Unless specifically altered herein,this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the six homesites, driveways and parking pads, stormwater improvements and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Stormwater Management NOTE: A Stormwater Management Plan may be required for this project. If required, authorization must be obtained prior to the beginning of any land disturbing activity. Contact the Division of Energy,Mineral and Land Resources,Land Quality Section,943 Washington Square Mall, Washington,NC 27889 for this determination. Sedimentation and Erosion Control 24) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 25) 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. 26) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum,a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Beacon Street Belhaven LLC. Permit No. 100-21 Page 4 of 4 ADDITIONAL CONDITIONS General 27) 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. I 28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 29) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 30) This Major Modification shall be attached to Permit No. 100-21,which was issued to the permittee on 8/10/21, as well as all subsequent modifications,refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 31) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at(252) 946-6481 prior to the commencement of any such activity for this determination.The permittee is further advised that many land disturbing activities are not authorized within 50 feet of the normal water level unless specifically exempted by Environmental Management Commission's(EMC)Tar Pamlico River buffer regulations in place at the time of such development. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id.No. SAW- 2019-00371. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2023-105 I by way of Individual Water Quality Certification No. 006280. NOTE: An application processing fee of$400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. 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) Beacon Street Development Co., Inc Or Assigns Belhaven Water Street(formerly Cooper Property) Applicant 1: First Name MI Last Name James K Wiley Applicant 2: First Name MI Last Name na If additional applicants,please attach an additional page(s)with names listed. Mailing Address 'PO Box City State 6474 Raleigh NC ZIP Country Phone No. FAX No. 27628 usa 919-795-3380 ext. _ Street Address(if different from above) City State ZIP see above Email jwiley@beacon-street.com 2. Agent/Contractor Information Business Name Lassiter Consulting, LLC,Scott Murray Land Planning Agent/Contractor 1: First Name MI Last Name Joe Lassiter Agent/Contractor 2: First Name MI Last Name Scott Murray Mailing Address PO Box City State 139 S. Dogwood Trail Southern Shores NC ZIP Phone No.1 Phone No. 2 27949 252-202-3800 ext. 252-213-9501 ext. FAX No. Contractor# Scott Murray Land Planning Street Address(if different from above) City State ZIP 274 Botecourt Ct. Boydton VA 23917 Email josephslassiter@gmail.com and smurray@stmllandplan.com <Form continues on back> 252-008.2808 :: 1-008-4t4GOA:;T www.ncconstalmanagornrnnt.no; Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County(can be multiple) Street Address State Rd.# Beaufort 166 E.Water St. na Subdivision Name City State Zip na Belhaven NC 27810- Phone No. Lot No.(s) (if many,attach additional page with list) na- ext. 1, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Tar-Pamlico Pantego Creek c. Is the water body identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Pamlico River e. Is proposed work within city limits or planning jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed ®Yes ONo work falls within. Belhaven,NC 4. Site Description a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.) 93.1 If 26,502.29 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or 0.61 ac(26,502.29 sf), NWL(normal water level) (If many lot sizes,please attach additional page with a list) 2'-3' ❑NHW or®NWL e. Vegetation on tract warm season turf grass +a single pine tree USACOE wetland species f. Man-made features and uses now on tract Asphalt parking areas,concrete building slab rip-rap/rubble shoreline stabilization g. Identify and describe the existing land uses adjacent to the proposed project site. Southeast of site:A proposed residential subdivision(former hospital property)zoned General Business, Northwest of site: a residential use zoned General Business and Northeast of site:commerical uses(hardware store and office building zoned Marine Business h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? .Marine Business (Attach zoning compliance certificate,if applicable) ®Yes ONo DNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes ONo k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. Oyes 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> 252.808-2808 .. 1-888.4RCOAST www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii)Are there coastal wetlands on the site? Oyes ®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, Central sewer provided by Town of Belhaven o. Describe existing drinking water supply source. Town of Belhaven public water system p. Describe existing storm water management or treatment systems. Gravity sheet flow from existing impervious routed through vegetated buffer to Pantego Creek 5. Activities and Impacts a. Will the project be for commercial,public,or private use? ❑Commercial ❑Public/Government ®PrivatelCommunity b. Give a brief description of purpose,use,and daily operations of the project when complete. Site will operate as a single-family residential community with an associated 6 slip open water marina.Access to building lots will be provided via Water St.and future street extensions from adjacent proposed community. 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. Construction of the dwelling units, bulkhead,shoreline walkway,retaining wall and slips will require dump trucks,excavators, front end loaders,concrete trucks,small barge and boats for slip construction d. List all development activities you propose. Construction of 6+/-residential units and drives/parking areas witth 6 associated slips, access walkway and piers,and vinyl bulkheading to connect/extend adjacent site bulkheading. Pier walkway length is 229 If(max.)to the first slip.Other site development includes the filling of the property to raise the building lots at or near the flood elevation. Landward site development includes the extension of two short streets(16'x 75 If each). Relocaiton of an existing deteriorated stormdrain pipe is required. Filling of USACOE wetlands. e. Are the proposed activities maintenance of an existing project,new work,or both? Both-work will be combined with that on adjacent site-and extend bulkhead f. What is the approximate total disturbed land area resulting from the proposed project? 0.61 ❑Sq.Ft or®Acres g. Will the proposed project encroach on any public easement,public accessway or other area Oyes ®No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. There will be some minor storm water flow from one offsite pipe and inlet which currently connects through to a drain inlet on the northwestern most corner of the site. (See Sheet C4.01 Grading, Drainage&Wetlands-Rivers and Associates, Inc.)It subsequently transcects the property through a pipe which is proposed to be rerouted.lThe proposed rerouting of the pipe will terminate at the proposed bulkhead via an opentop drain inlet serving as a discharge and dissipator.At this point stormwater will discharge across vegetated turf areas,stabilized with warm season turf grass,before entering the surface waters Pursuant to the attached plan by Rivers and Associates, Inc.the exisitng small isolated wetland(503.43 sf)is quired to be filled to allow for proper backfilling of the proposed bulkhead and related tie-backs and deadmen in order to provide adequate structural integrity.The finished grades resulting form backfilling will blend with the stormwater pipe and dissipator relocation allowing for the construction of the pier accessway. i. Will wastewater or stormwater be discharged into a wetland? Oyes No DNA If yes,will this discharged water be of the same salinity as the receiving water? Dyes ❑No ®NA 252-808.2808 .. 1-888-4RCOAST www.nccoastalmanagement.not Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit J. Is there any mitigation proposed? DYes ®No DNA If yes,attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form,(MP-1)the following items below,if applicable,must be submitted in order for the application package to be complete. Items(a)—(t)are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work,clearly Indicate on maps,plats,drawings to distinguish between 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 applcation only)or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Town of Belhaven Phone No.(252)943-3055 Address P.O.Box 220 Belhaven,NC 27810 Name Thronton,James F and Olive Phone No.(919)498.3658 Address 152 E.Water St.(mailing address:217 Britton Loop Camern,NC 28236) Name Beacon St.Belhaven,LLC Phone No.(919)7953380 Address 202 E.Water SI.(mailing address.PO.Box 6474 Raleigh NC,27628) g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers,pernittee,and issuing dales. 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 l 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. 1 further certify that the information provided in this application is truthful to the best of my knowledge. Date June 5,2023 Print Name D.Scott Dixon,Vice President Beacon Street Development Co., Inc. Signature 9Peatgy. Please indicate application attachments pertaining to your proposed project ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts :o -308-2E08 sr 1-E www.nccoastaimanagornent.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. • Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization) Length no dredging Width no dredging Avg. Existing 4'to 5'+ Depth NA NA Final Project 4 to 5+ Depth NA NA 9. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards. (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 (ii)Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No DNA Oyes ❑No DNA (ii)If no,attach a letter granting permission from the owner. (ii)If yes,where? e. (i)Does the disposal area include any coastal wellands/marsh f. (i)Does the disposal include any area in the water? (CW),submerged aquatic vegetation(SAV),shell bottom(SB), ❑Yes ❑No DNA or other wetlands(WL)? If any boxes are checked,provide the number of square feet affected. (ii)If yes,how much water area is affected? ❑CW ❑SAV ❑SB ❑WL ❑None (ii)Describe the purpose of disposal in these areas: 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanapement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4—Structures) a. Type of shoreline stabilization: b. Length: 97 If as measured at 2'offset from existing shoreline ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 2' c. Average distance waterward of NHW or NWL: 2'waterward of d. Maximum distance waterward of NHW or NWL: 2' NWL e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Vertical wall vinyl sheet pile bulkhead months? ®Yos ❑No DNA (ii)If yes,state amount of erosion and source of erosion amount information. As a result of work undertaken by previous owner(incomplete) severe disturbance of small man-made(503 sf)wetland area is evident.Deteriorated silt fence had been installed but has been damaged and compromised.Erosion of the exisitng shoreline coupled with the adjacent elevations(2'+/-above NWL) combine to provide inadequate protection of the site.This condition warrants repair including connecting the proposed bulkhead to the bulkhead on the adjoining property.Backfilling of the proposed bulkhead to accommodate the deadmen tie backs needed for adequate structural integrity,will require filling of this area.Final grades will provide permenant landside stabilization with slopes designed to allow for proper maintenance of turf areas. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill 19Q sf Riprap A clean earthen fill Breakwater/Sill Other i. Source of fill material. From an approved uplands source. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? ®Yes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW), If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or other wetlands(WL)? If any boxes are checked,provide the (II)Amount of material to be placed in the water Q number of square feet affected. (iii)Dimensions of fill area 75'x 360' ❑CW ❑SAV ❑SB (iv)Purpose of fill WL 503.44 :None Raise building sites to or near flood elevation based on (ii)Describe the purpose of the fill in these areas: approved grading plan design All wetlands fill will be associated with shoreline stabilization and final lot grading in continuation of grading plan. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline, controlled? backhoe,or hydraulic dredge)? A Sedimentaton and Erosion Control plan will be prepared and dump trucks,grader,front end loader. approved. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes No DNA site? Oyes ONo DNA (ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize environmental impacts. 252-808-2808::1-888-4RCOAST::www.nccoastaimanagement.not revised:12/26/06 Form DCM MP-2(ka:C:avz-Itii i aim.: t Itl, +I�e Z} June 5,2023 Date Belhaven Water Street Project Name Beacon Street Development Co.,Inc. Applicant Name D.Scott Dixon,Vice President Applicant Signature ©ce 2.a24100-?$013 u 1-8t;II-41;::'0 1:i u tr...nc s talntana:;: nsnt.n,t rovisad: '_3 G Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings,facilities,units or structures b. Number of lots or parcels. proposed. 6 lots Six rPsidentiat tots-are proprivd frr the site Access is to by provided via the extension of two short streets(16'x 75'+/- in length each).Driveways, parking pads,walkways and pier accessway is also proposed.Site will be filled to bring lots up to or near flood elevation. c. Density(give the number of residential units and the units per d. Size of area to be graded,filled,or disturbed including roads, acre). ditches,etc. 6 units @ 0.61 acres equals 10.17 units/acres 0.61 acres e. If the proposed project will disturb more than one acre of land,the f. List the materials(such as marl,paver stone,asphalt,or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land-disturbing asphalt,concrete,marl and aggregate base course(ABC), activity begins. pavers and rooftops (i) If applicable,has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Elves No DNA (ii)If yes,fist the date submitted: being prepared g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built-upon surfaces,such as require a Stormwater Certification. pavement,building,rooftops,or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? 0%) ❑Yes No DNA i. Give the percentage of the entire tract to be covered by impervious (ii)If yes,list the date submitted: and/or built-upon surfaces,such as pavement,buitding,rooftops, or to be used for vehicular driveways or parking. 14,968.27 sf-56.48%(equal to or less than the existing ISA) j. Describe proposed method of sewage disposal. k. Have the facilities described In Item(I)received state or local Central sewer from Town of Belhaven approval? DYes No DNA If yes,attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state(e.g.,surface runoff,sanitary wastewater,industrial/ design? commercial effluent,"wash down"and residential discharges). Oyes No DNA Runoff of rainwater from impervious surfaces including If yes,attach appropriate documentation. roads, parking and rooftops.Stormwater design is proposed to include an open top drain inlet to serve as 252.808-28082::1-888-4RCOAST::www,nccoastalmenagement.net revised:12/26/06 Form DCM MP-3 (Upland Development, Page 2 of 2) a discharge and energy dissipator into a grassed turf area which will be stabilized with warm season turf grasses. m. Describe proposed drinking water supply source(e.g.,well, n. (i) Will water be impounded? Dyes No DNA community,public system,etc.) (ii)If yes,how many acres? Town of Belhaven public water supply o. When was the lot(s)platted and recorded? p. If proposed development is a subdivision,will additional utilities be purchased by current owner and deed recorded August 12, installed for this upland development? 2022-see attached deed. ®Yes ONo DNA June 5,2023 Date Belhaven Water Street Project Name Beacon Street Development Co., Inc. Applicant Name James K.Wiley, President Applicant Signature n i 252-808.2808 ::1-888-4RCOAST::www.nccoastatmananement.net revised:12/26/06 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? OCommercial ❑Public/Govemment ®Private/Community ❑Yes No c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? ®Yes ❑No (ii)Number 1 boat dock(6 slips) If yes: (iii)Length boat pier is 288' (ii)Number j4)3'x 24' 1 (1)6'x 60'end tee (iv)Width 8'3"walkway-see plan for overall (iii)Length 2 4' dimensions (iv)Width 3'and 6'(end tees only) (v)Floating Oyes No (v)Floating Oyes No e. (i) Are Platforms included? NYes ❑No f. (i) Are Boatlifls included? ®Yes ❑No If yes: If yes: (ii)Number 1 (ii)Number 6(optional a owners discretion) (iii)Length (1)at end of pier 10' (iii)Length 12'-14'max. (iv)Width 12' (iv)Width 12 (v)Floating Dyes 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. 6 ❑Full service,including travel lift and/or rail,repair or (ii)Number of slips existing maintenance service ❑Dockage,fuel,and marine supplies ®Dockage('`vet slips')only,number of slips: 6 wetslips with boat lift options ❑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 Open power boats approx. 16 to 26' ®Open water;no dredging required DOther;please describe: k. Typical boat length: 2Z 252-808-2808::1-888-4RCOAST:t www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) m. (i)Will the facility have tie pilings? (i)Will the facility be open to the general public? ®Yes ❑No Oyes No (iI)If yes number of tie pilings? 24 max if all slips have lifts(4 regd. per lift This does not incude the piling required for walkway.or platform 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 0 Boatholding tank pumpout;Give type and location: Boats not equiped with holding tanks will utilize cassette heads.All boats will be allowed use of the pump-out facilities on the adjacent development site within Wynn's Gut. b. Describe treatment type and disposal location for all sanitary wastewater. Pump to Town of Belhaven central sewer system c. Describe the disposal of solid waste,fish offal and trash. No fish offal. Trask collected by Town of Belhaven d. How will overboard discharge of sewage from boats be controlled? Boats will be too small for live aboard. No ovemight stays allowed. e. (i)Give the location and number of'No Sewage Discharge"signs proposed. one posted centrally at marina boardwalk (ii)Give the location and number of"Pumpout Available"signs proposed, One at within Wynn's Gut f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products. na g. Where will residue from vessel maintenance be disposed of? na h. Give the number of channel markers and"No Wake"signs proposed. 3 i. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality. One notice will be placed at the end of the dock j. What will be the marina policy on overnight and live-aboard dockage? not allowed 252-808-2808 ::1-888-4RCOAST::www.nccoastaimanegement.00t revised:12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) k. Describe design measures that promote boat basin flushing? The marina is proposed in open water will no dredging or man-made restriction to natural water flow. 1. If this project is an expansion of an existing marina,what types of services are currently provided? na 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 ❑WL ®None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? Oyes No If yes,give the name and address of the leaseholder(s),and give the proximity to the lease. na 3. BOATHOUSE(including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Governmenl OPrivate/Community (ii)Number (iii)Length (iv)Wdth 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.) O This section not applicable] a. (i) Number 11111 (ii)Length (iii)Width 5. BREAKWATER(e.g., wood, sheetpile,etc.) ®This section not applicable) W a. Length b. Average distance from NHW,NL,or wetlands 111111 c. Maximum distance beyond NHW,NWL or wetlands 8. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial OPublic/Govemment ❑PrivatelCommunity 252-808-2808::1-888-4RCOAST::www.nccoastalmanagement.net revised:12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) G. 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. e. Arc of the swing 7. GENERAL a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities, 15'+ 50' 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 2.000'Panteao Creek 4.0'-5.0' 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. no excavation or marina channel proposed 8. OTHER ®This section not applicable a. Give complete description: June 5,2023 Date Beacon Street Development Co., Inc. Project Name Belhaven Water Street Applicant Name James K.Wiley, President Applicant Signature K , / 252-808-2808 ::1-888-4RCOAST::wwat.nccoastalmanagement.net revised: 12/27/06 Site Area Summary Cooper 6.7 lots Area (sf) Area(ac) ISA% Total Site Area by Survey 26,502.3 0.61 ISA Existing (Built-Upon Area) 14,968.3 0.34 56.5% Area Within CAMA 30' Buffer 2,774.0 0.06 Area Within 50' Tar-Pam Buffer 4,608.0 0.11 Existing ISA Within 50' Tar-Pam Buffer 0.0 0.00 Proposed ISA Within 50' Tar-Pam Buffer 0.0 0.00 Note: 30' CAMA and 50' Tar-Pam Buffer Areas Calculated As Noted on Sheet 2.1. �_ Waft' I r u •at may, a••••• Mw.w.erwr�.n X:'>__w.. ;t - C war—..+mrv.+m ..•r. ------- -------- --- — Belhaven !:.. :� Special Nos Water Street sNe ::z tie AmooKilmo. tat•tom. ''_IN CI •TfOr MO. G ' v..r M. • v. Tod Tie AuM. c„ vz e. nv.. .... Existing OL• i �._ ___ Conditions Survey . ." mime's, mv,gr Ii \---..,....''. .. 1 .awn. • �f lo q,1/4\„?„.....p.. I �o a0=1`s..aet �w..t uc • iTr I .10111014•21 So.',PO to nov mono. " : ''';''+‘ ill 1-1-.....) 11 Pantego Creek * \\ .. �""'°"`"tl1u"aP""S°"' �•. Beacon Street �„. w _Y Belhaven,LLC. _ Tam en* ItonPoleopep nt . �....�re+....� •l�.E.,,�: ...w�..M. Sorrell Land Su veying,Inc. moo am.Pot we mem onto mow oe too ,. n"+ir'ir•+.o�iir.. . wry.. .::err r•. .}.}....o,.sr�....'r":c ..... .....r....w.}.. Em•1111 SC017 MURRAY E6110 N ANNING.IN; LEGEND(Existing) .6...6, a '—' Belhaven Hospital WATER STREET • ^'� —. —. Water Street pri: 111 camk=NT + • — ^,, BEACON STREET Bexron Shen DwebaneM Cs..Int0—.-----1 S�t Area$Ummary ..1 ppppr w w"e.. .. u..ny Lr�.. NOD3D 0.n MI _ ...""..v..vnan SOSA PPAPPE tlir PPP.. V%t5 ¢Y Y.S.,,,,, Q. Site&Shoreline 6i"" 4 0te 011 Development L.... oil__• W ... .,N.O.rP. w.- .. , A...u.. D W Do O•.*lA ..•SI,. .. , a 0PP Plan ,ouM..MW,..-...,14..A_. .....ac...•,~... Cooper Parcel li . TAPI PAPA W'SUPPER TM-PAM 30 BUFFER/CAMP 30'AK7,--4170 92./.1+NEw 6UUDI VA.60005WD NOV IIAMNAI.TONE WC t50STMM IRADNADMEAN MGM WAttt AWTG1 T MOP WETLAND IMPACT PROPOSED.503.66 56 • ♦+ mo Ey. w. J 16)25'0 5U05 5R000560 N SEF 90 ET 60 MAAINE WI MPS PUMPS 0 I f 15'MIN.OFFSET FROM PROJECTED 7507(7TV ENE ! F...RN.I.T al Pr .4 11..4•+.6 bPw.r MI sv w.W �SNwIW 9NOPflttT WErwArnaJ x®I D ii5e35 D :as PT C����i • .'..rO`OM P=E( e i •7 4 WI.00N1I Ib.PNPrq 6 PANTEGO CREEP R.▪.� ' m.62.23 2.1 6w i LP..,Y d Gww.iAlSrweft..r•WbwY.a Y.hpw DMa.PWt.Canon.. �." O( r..ww MP.UM NNMa,We,*4..0*u..r PPS*twwt ;311 =00 rill mI • 1y I.I I I.! , I! I.! ' : 1 i 1' I ! I ' it 15i1 , T I !• 1 ' in I its 111, S., ,1 .i " ; i • I c� 111��.�•!,•I{{{{ • it 1L�yli 1 —,;%;,' , 'Wk.. k-- -1..._. ,.._ , 'II, 111, 1 CO.T 11,1. Rlfes. L'1,1 ' ' �i ill, i�—, " + 11 : I , �.. � a '.wry I 1 I t 1i1r- — • Iiit I A ! n c a f v m • 2 c q 1 I I • TJ - 11 ii C Y l i i ? BEACON STREET DEVELOPMENT COMPANY. INC. f 1 ` },•_ .e WATER STREET SUBDIVISION I Ir I'rCIll]to {' • =R■iverB a _£.� 1 row..or•e.«.•I« .r.u.on.oou«.. «on.n o,no.In,. 9 I DO NI F:f I F3 4 .. `Sorot.I.. •. loVoloro wu'nr GRADING&DRAINAGE PLAN t. M„„t;•,• M•:� 4iCPSflI&I lklrf ¢r !MI.•I••.II IUM.••N•ro•b 1O .... aonRuz,pay, WO*9 hirrb .01.sn re IEWW �. ...,..... �- m. ....,.n # )mI � '. 1 _ ....raw .r.....�.� ...n k C._. `11—L i_-� .��.......I �.....r. >..v..n ualwl3..w.0 5a9 45 O �•�-r ���. .ar..a.a • p.Nfiyyr•10.niir . y1 L 1 ' p �•••�•�i• ..os..�m.,/...•.•,0...O a.r...0 t.•T I '..M...4 r...�..aa1PS .....O...”.sat.i'.....S�M.4MSP..r. 'il �� , ��111. ....d..a•••.aM.0 W....w...a.6a.........1.l.Spallrt 102(41..S'rt'..4.. _ ...a..s w...q.+ . .8w...ft wrnA.*w w. I �..�I.\\ a......WM•w...•a.r.w....w.N..a...w...up w'. ( 1 \ rwn4s..•...+n+...s.i.c�.v ..w..w.w 1 .Wy_ I WIVA..04....w«.W...a.4 y9..a.m....4wn ar't •.......,.. 4 uwmwa.r.�.wwrM.....a6+4 P.Ournt..i ._.......-....-J ...Iof e...+i..... ..K Y......a l.lr+S . rr.tr.rwas art .1441.4.0 40.5 I.aaal O IL it MI= ...art x a.M vrp-.+r.tiw 6.ays .>1Z"O g 9 y � Maa>.n... t'a.O a: laillik aAaMrYw.... FM.liM1iN ■IN 1 SI ..-., lot,.__ 7Alia°11111 .....4. P ten,.. _I , • awaeW sl1ela0 A� � IL s 2=���MMt _ 18 ' - - . ins M..•..PSM a. ..I-.2 lu.waolau0.au wx.. am 1 i i a l S •.,pw....pm quay'..a.paNNyl u...5 O NO7V3H .-.aw........ Iiii II! ! _ _I I ielidsol-i uanegia9 )NI•JNINN•i id OW' AV 8'1 HODS .... 1 Bodnar, Gregg From: Joseph Lassiter <josephslassiter@gmail.com> Sent: Monday, September 25, 2023 10:25 AM To: Spivey, Kelly; Bodnar, Gregg;Jim Wiley; Scott Murray Subject: [External] Major Modification CAMA Permit#100-21 - Access pier width on Cooper Tract CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Kelly, This email is in response to our recent telephone conversation in which you raised the issue of the proposed 8' 3" width of the access pier for the 6 proposed boat slips on the Cooper tract associated with the Major Modification of CAMA Major Development Permit it 100-21 that is currently under regulatory agency review. You indicated that the NC Division of Coastal Management(DCM)either needed a justification from the applicant and owner, Beacon Street Development Company, Inc. (Beacon Street)for the proposed width,or a reduction of the pier width to 6'to meet current DCM guidelines. Following our call, I talked with Jim Wiley, President of Beacon Street and Scott Murray and the consensus was that a 6' wide access pier on the Cooper tract would be adequate. I was asked by Jim to advise DCM that Beacon Street is agreeable to amending the application to reflect the 6' access pier width. The length of the pier and the configuration of the 6 slips would remain the same. Thank you for your attention to this information. We request that DCM advise if this email is adequate to your purposes,or if you want us to provide an amendment to MP-4, 1.c. (iv) and the associated site plan for the Cooper tract and submit to your attention. If you have questions or comments please let us know. Best regards, Joe Joseph S. Lassiter Lassiter Environmental Consulting, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 252.202.3800 1 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Beacon Street Development Company,Inc Major Mod# 1-21 COUNTY:Beaufort PROJECT NAME: Belhaven Water Street LOCATION OF PROJECT: 166 E Water Street Belhaven NC 27810 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-18-23 FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes FIELD REPRESENTATIVE:Spivey/Tho s DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: Date B) DATE RECEIVED BY MAJOR PERMI UNIT: FEE REC'D: $400(60/40)#893 APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 7-26-23 END OF NOTICE DATE: 8-15-23 ADJ. R1P. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 10-1-23 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 7-21-23 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 '434lZ3 [e.30/1 57L41--1 yr/44;fiol5 DCM-LUP Consistency Determination 76(1,3 d v4It (- Local Permit Officer (16(45 Corps of Engineers-Regulatory Branch M/3 20/7-G73/ DWR-401 Section 14403 ZoL3 •(QS"( 0062- o DWR-Public Water Supply (0Wir3 tc DEMLR-Stormwater DEMLR-Sed and Erosion (3v/- DOA-State Property Office Wildlife Resources Commission 31(11, 2I(c -"(30 44)„c-10./'o,,` DMF-Shellfish Section 6(0,3 x - DMF-Habitat&Enhancement 3fi1( )4. DNCR-Archives&History 430(rS ` DNCR-Natural Heritage Program NCDOT NC Dept of Commerce 1(7,L{k5 MEMORANDUM TO: Gregg Bodnar via Kelly Spivey FROM: Jessica Thomas DATE: August 31, 2023 SUBJECT: Modification for CAMA Major Permit No. 100-21 Belhaven Water Street(Beacon Street East) 166 East Front Street, Belhaven,Beaufort County Lassiter Consulting,LLC, and Scott Murray Land Planning on behalf of Beacon Street Development Company,Inc.has submitted a Major Modification to CAMA Major Permit No. 100-21 for construction of 6 additional single-family residential units with an associated 6 slip open water docking facility and bulkhead. The project site is located at 166 East Front Street in the Town of Belhaven on Pantego Creek in North Carolina. Staff has reviewed the proposed project with regard to the rules found in subchapter 7H concerning development in Public Trust Water and Public Trust Area. It is staff's recommendation that the proposed project appears consistent with 15ANCAC 07H.0208 as described below. Upland Development/6 Lot Residential Subdivision The proposed upland development is located within the 50'Tar-Pamlico Riparian Basin Buffer Zone enforced by the N.C. Division of Water Resources. The project as proposed is also located within the 30'Public Trust Area AEC. Therefore,the Division of Coastal Management will refer all upland development to the N.C. Division of Water Resources as defined in 15A NCAC 07H.0209(e). Bulkhead and Backfill The proposed bulkhead will replace the existing shoreline stabilization feature, which consists of riprap, and will connect to the bulkhead on the adjoining property under this permit. The bulkhead is consistent with 15ANCAC 07H.0208(b)(7), 07H.0208(b)(11), and 07H.1105. However,the bulkhead must be staked by a representative of the N.C. Division of Coastal Management prior to construction to ensure compliance with the standards. The N.C. Division of Coastal Management has no objections to the proposed fill placed in the 404-wetlands provided that all activities meet the regulatory standards and recommendations of the U.S.Army Corps of Engineers and the N.C. Division of Water Resources. 6-Slip Open Water Docking Facility The piers establishing 6 slips located in the Public Trust AEC is consistent with 15A NCAC 07H.0208(b)(6)(B)which states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier and uncovered open water slips)allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square fee f� ;� this tract measures at approximately 93.1 feet. The calculated shaded impac�• "whic• is AUG 3 1 ?O2 , if" vii:.CTION 1 aD MEMORANDUM below the maximum allowable amount of 744 ft^2. The slips and boatlifts are proposed in water depths of 4.5'to 5''below normal water level. Staff recommend the following conditions be included in addition to the standards permit conditions if the project is permitted. 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. Piers and docking facilities shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. This permit authorizes only the structures and uses located in or over the water that are expressly and specifically set forth in the permit application.No other structure,whether floating or stationary,may become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. The alignment of the authorized bulkhead shall be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-staked by DCM within a maximum of 30 days prior to the new expected start of construction. The authorized covered platform shall be single story and shall not be designed to allow for second story use. The authorized covered platform/gazebo shall not be enclosed.Any material used on the sides shall not obstruct view and must be permeable to air and water. RECEIVED A U G 3 1 2025 MP SECTION MHD a ROY COOPER i¢ — - . Governor \IK''11. ELIZABETH S.BISER 47-1 Secretory �9 X gy BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality A97.2921 A -11-23 MEMORANDUM C 2-3 0 i . 11.o'2.— FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curtis.weychert(A_deq.nc.gov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Development Co., Inc Project Location: 166 East Water Street Belhaven NC 27810 Proposed Project: Propose to redevelop property into a residential site with 6 residential dwellings, pier with 6 associated boat slips, 971inear feet of bulkhead, and ±27,000 sf of upland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by August 11, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252)948-3851 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 attaeed. ba L tJ This agency objects to the project for reasons described in the attached comments PRINT NAME A(LrlC t .l,u:\r\, AGENCY C Z.L SIGNATURE ‘.,y DATE a"3ti-- c.7i1/4P'' )i-r-ia_1 C. -2.1 t:r-c.tt -S X ut5 - 4 r )1 " tt,r,sYc aLv'k --h, ?;arCt c_s cckrorx.51ls SRec-laS N Dam Quality I vis of Coastal Management_E WashingtonorthCarolina Officeep 1943rtment WashingtonofEnviron Square ental Mall I WasDihing ionton,North Carolina 27889 C.:X4tlrnwp�rNA o ' r 252.946.6481 WyYtai�n49� HMmFnlsl �/ y V�Y fo,nt `i, ROY COOPER i Governor ELIZABETH S.BISER �p� Secretary au` Qi„,„„,'• BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality April 29, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330(Courier D4-16-33) curtis.weychert@deq.nc.gov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Development Co., Inc Project Location: 166 East Water Street Belhaven NC 27810 Proposed Project: Propose to redevelop property into a residential site with 6 residential dwellings, pier with 6 associated boat slips, 97linear feet of bulkhead, and ±27,000 sf of upland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by August 11, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252)948-3851 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 Ann Daisey AGENCY NCDMF-ShellfisshSanitation and Rec Water Quality 717 SIGNATURE Ate- Z7Q ifor Shannon Jenkins DATE 08/02/2023 (1ST E Q) Na Quaty f aal Maem Washington orthCarolina OffDepice 1943rtment Washingtonof SEnvironmentalquare Mallli I WashingtonDivisiono,NorthCost Carolina nag 27889ent NORTH CAROUNA o.r..e.+ar ...nra.en� /i' 252.946.6481 ROY COOPF y 'g f ELIZABETH S.BI.SFR k; ' BRAXTON DAVIS 'nr^rnr'? r+t,'tJ,tcs April 29,2021 MEMORANDUM: FROM: Curt Weychert,Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Ave.. Morehead City,NC 28557 Fax:252-247-3330(Courier 04-16-33) curt is.weychertedeq.nc-gov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Development Co.,Inc Project Location: 166 East Water Street Belhaven NC 27810 Proposed Project: Propose to redevelop property into a residential site with 6 residential dwellings,pier with 6 associated boat slips, 971inear feet of bulkhead,and ±27,000 sf of upland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by August 11, 2023. If you have any questions regarding the proposed project,contact Kelly Spivey (252)948-3851 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 Lq f 4 A DATE 7-24-23 Received: 7/24/2023 _---_ a°,,, Due: 8/8/2023 Historic Preservation Office ;' ,.m, ;.,- Ali _ ROY COOPER i 0. i; Governor g ER 21-1158 ELIZABETH S.BISER `% 4,: x xn Secretary f4E ^`._- BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality April 29, 2021 MEMORANDUM. FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curtis.weychert(a�deq.nc.gov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Development Co., Inc Project Location: 166 East Water Street Belhaven NC 27810 Proposed Project: Propose to redevelop property into a residential site with 6 residential dwellings, pier with 6 associated boat slips, 97linear feet of bulkhead, and ±27,000 sf of upland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by August 11, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252)948-3851 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 Renee Gledhill-Earley AGENCY State Historic Preservation Office SIGNATURE _ ;,_.—W.OLD7t1 DATE August 30. 2023 D E Q� North Carolina Department of Environmental Quality I Division of Coastal Management v Washington Office 1943 Washington Square Mall I Washington,North Carolina 27889 NORM :+ntalEn NPdc,.won..nwary� O.' 252.946.6481 3 ROY COOPER — ) Governorcil ELIZABETH S.BISER t:-- 0'.Secretory BRAXTON DAVIS NORTH CAROLINA Dire(for Environmental Quality April 29, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curtis.weychert(c�deq.nc.gov SUBJECT: CAMA Major Permit Application Review Applicant: Beacon Street Development Co., Inc Project Location: 166 East Water Street Belhaven NC 27810 Proposed Project: Propose to redevelop property into a residential site with 6 residential dwellings, pier with 6 associated boat slips, 97linear feet of bulkhead, and ±27,000 sf of upland fill. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by August 11, 2023. If you have any questions regarding the proposed project, contact Kelly Spivey (252)948-3851 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 James Harrison AGENCY NCDMF SIGNATURE DATE 31 August 2023 RECEIVED AUG 3 1 ?023 . MP SECTION MHD D_E Q North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington.North Carolina 27889 252.946.6481 September 1, 2023 Regulatory Division ORM ID No. SAW 2019-00371 Mr. Gregg Bodnar Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City,North Carolina 28557-3421 Dear Mr. Bodnar: Reference the application of Beacon Street Development Company for a Department of the Army permit authorization to redevelop an existing project site with 6 residential dwellings, a 6 slip pier and dock,and a vinyl bulkhead, on property located at 166 East Water Street, adjacent to Pantego Creek, in the Town of Belhaven, Beaufort County,North Carolina. 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. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers(USACE)prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized,or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required,upon due notice from the U.S. Army Corps of Engineers,to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation,or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. 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. 4. 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. 5. 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. 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 Quality at(919) 733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 8. 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 Office at(910) 772-2191. 9. 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. 10. 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. 11. 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). 12. 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. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, Regulatory Division,telephone(910)251-4564. Sincerely, Raleigh W. Bland, SPWS Regulatory Project Manager Copies Furnished: Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh,North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort,North Carolina 28516 Mr. Todd Bowers Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Kelly Spivey, District Manager Washington Regional Office Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 Ms. Stephanie Goss N.C. Division of Water Resources, 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh,North Carolina 27699-1617 41i _ ROY COOPER �4 - D' Governor 1 C ELIZABETH S. BISER . Secretary ,� R, BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality June 28, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curt.weychert(c�deq.nc.gov SUBJECT: CAMA Major Permit Application Review Applicant: R.E. Investment Inc. Bryan Josemans Project Location: 1 Shipwreck Drive Belhaven NC 27810 Proposed Project: Proposes to install 6'x120' pier, 16'x16' L-Head platform, 12'x16' stepdown, 5'x54' finger pier, 16'x32' boathouse. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by July 19, 2023. If you have any questions regarding the proposed project, contact Ashley Grandy (252) 948-3854 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 DCM SIGNATURE u22 � DATE 07/07/2023 Consistency Determination: The request is consistent with/not in conflict the Beaufort County Joint Land Use Plan 2006 Update certified by the CRC on January 13, 2010. D E Q North Carolina Department of Environmental Quality I Division of coastal Management Washington Office 1943 Washington Square Mall I washington,North Carolina 27889 u=.,G,r„i-oi e���;�meUi oamr 252.946.6481 - „:STA7£:;,,, w,r % I { ij �• ROY COOPER ' it , '' Governor 's') f✓" , i" ELIZABETH S.BISER \��._ 4/ Secretary "u a..a 1.a'^ BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality June 28, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) cu rt.wevchert(c�deq.nc.gov SUBJECT: CAMA Major Permit Application Review Applicant: R.E. Investment Inc. Bryan Josemans Project Location: 1 Shipwreck Drive Belhaven NC 27810 Proposed Project: Proposes to install 6'x120' pier, 16'x16' L-Head platform, 12'x16' stepdown, 5'x54' finger pier, 16'x32' boathouse. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by July 19, 2023. If you have any questions regarding the proposed project, contact Ashley Grandy (252) 948-3854 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 M I P. 'D umpd 2 AGENCY ] t 1£. a.& L- SIGNATURE-- �--)'--- DATE C!'_d/ 2 North Carolina Department of Environmental Quality Division of Coastal Management Washington Office 1943 Washington Square Mall Washington.North Carolina 27889 o4.-ri larr,�.�,��.„l,ia... /404 252.946.b481 a .sTA , ' T `3', ROY COOPER V ky`a Governor ( ;;,41 �Q ELIZABETH S.BISER .11 ♦ ^Aui t M Secretary "'`� +,,,,t0' BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality June 28, 2023 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) curt.wevchert deq.nc.gov SUBJECT: CAMA Major Permit Application Review Applicant: R.E. Investment Inc. Bryan Josemans Project Location: 1 Shipwreck Drive Belhaven NC 27810 Proposed Project: Proposes to install 6'x120' pier, 16'x16' L-Head platform, 12'x16' stepdown, 5'x54' finger pier, 16'x32' boathouse. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by July 19, 2023. If you have any questions regarding the proposed project, contact Ashley Grandy (252) 948-3854 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Clif Whitfield AGENCY Public Water Supply Section SIGNATURE C 1Y' DATE 6-28-2023 D - North Carolina Department of Environmental Quality Division of Coastal Management /n Washington Office 1943 Washington Square Mall ; Washington,North Carolina 27889 no4rn cAsOuN'n Deoartnwaa�+.....wur\ /".d 252.946.6481 %E STATE' _.,0 °-4 ROY COOPER , Governor ELIZABETH S.BISER .0,6 a?' Secretary *Ikkoomoo RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality September 18, 2023 DWR#20231051 Beaufort County Beacon Street Development Co., Inc. Attn:James Wiley PO Box 6474 Raleigh, North Carolina 27628 REICEIVED Delivered via email to: jwiley@beacon-street.com S E P 1 P 2(123 Subject: Approval of Individual 401 Water Quality Certification �,,� 9 Beacon Street Development gP .SECTION o Dear Mr.Wiley: Attached hereto is a copy of Certification No. WQC006280 issued to James Wiley and Beacon Street Development Co., Inc., dated September 18,2023. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal,State, or Local approvals before proceeding with the project, including those required by, but not limited to,Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license,or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights,or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials,the Division may inspect the property. North Carolina Department of Environmental Quality I Division of Water Resources D_E Q�� 512 North Salisbury Street 11611 Mail Service Center I Raleigh North Carolina 27699-1611 NORTH cnna iHn 919.707.9000 Warmnem of Environmental aunt Beacon Street Development DWR#20231051 Individual Certification#WQC006280 Page 2 of 13 This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Washington Regional Office within 24 hours(or the next business day if a weekend or holiday)from the time the permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional Office any noncompliance with,and/or any violation of,stream or wetland standards[15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours(or the next business day if a weekend or holiday)from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code (NCAC)2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations(CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings(OAH)within sixty(60)calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919)431-3000.r. r. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel SEP 1 P 2023 Department of Environmental Quality 1601 Mail Service Center MP SECTION MHO Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). D North Carolina Department of Environental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mailm Service Center I Raleigh.North Carolina 27699-1611 nno n n i cnaourrn�.�.�i w.i� 919.707.9000 omr or rmi Beacon Street Development DWR#20231051 Individual Certification#WQC006280 Page 3 of 13 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Robert Tankard at 252-948-3921 or robert.tankard@deq.nc.gov if you have any questions or concerns. Sincerely, Rix Te.4.444.1 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operation Section Division of Water Resources, NCDEQ Washington Regional Office Electronic cc: Lassiter Consulting, LLC,Joe Lassiter, josephslassiter@gmail.com Scott Murray Land Planning,Scott Murray, smurray@atmllandplan.com Raleigh Bland, USACE Washington Regulatory Field Office Todd Bowers, EPA Laserfiche ECE V D SEP 1 P 9n23 4r) SECTION rlf�„ D NorthCarolina Departm of Environmental Quality I Div of Water es D_E Q�� 512 NorthCaroli Salisbury Streetent 1161 I Mail Service Center I Raleighision,North Caro Resources 27699- VOHtH CAROL NA 919.707.9000 161 I Oeperbnmit a<Environmental Cleanly . „4 .. Thwn of f Belhaven "Birth Place of the Intracoastal Waterway" June 26,2023 Scott Murray, RLA, LEED-AP Scott Murray Land Planning, Inc. 274 Botetourt Ct. Boydton,VA 23917 Dear Scott: The Town recently adopted a new zoning map for Belhaven. This new zoning map maintained the Marine Business zoning district for the properties owned by Beacon Street on Water Street. A special use of Planned Unit Development was approved by the Board of Adjustment for these properties. This did not change with adoption of the new zoning ordinance or map. We,at the Town,are excited about the proposed development for REID 48188 and 28948. Please advise when and how we can be of assistance to move this project along. Regards, Lynn Davis,CZO,CFM Town Manager IdavisPtownofbelhaven.com 252-943-3055 315 E. Main Street■ Post Office Box 220■ Belhaven,NC 27810■ (252)943-3055 ■ Fax(252)943-2357 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANTS NAME: Beacon Street Development Company, Inc. 2. LOCATION OF PROJECT SITE: 166 East Water Street, Belhaven, Beaufort County, North Carolina Location-35°32' 17.27"N 76°37' 26.40" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—22 June 2023 Was Applicant Present—No 5. PROCESSING PROCEDURE: Application Received— 18 July 2023 Office—Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan—Beaufort County Land Classification—Town/Community Center Water Classification- Conservation (B) AEC(s) Involved: PTA,CS (C) Water Dependent: YES (D) Intended Use: Residential (E) Wastewater Treatment: Existing—Belhaven Sewer Planned—Belhaven Sewer (F) Type of Structures: Existing—Asphalt Parking, Concrete Building Slab, and a Riprap Shoreline. Planned—6 dwelling unit with parking areas, access roads,an open water docking facility with 6 slips,and a bulkhead. (G) Estimated Annual Rate of Erosion: See application,MP-2 3(f)(ii) 7. HABITAT DESCRIPTION: [AREA] EXCAVATED FILLED OTHER _ N/A N/A 4020 ft2 (A) Open Water (B)Creek Bottom N/A 190 ft2 N/A (C) Other 503.43 ft2 25, 998.86 ft2 High ground/Wetlands N/A (404 - USACOE (High ground) Wetlands (D) Total Area Disturbed: ±0.71 acres(±30,712.29 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SC,NSW Open: no 8. PROJECT SUMMARY: The applicant proposes to redevelop property into a residential site with 6 residential dwellings, a pier with 6 associated boat slips, 97 linear feet of bulkhead, and ±27,000 sf of upland fill. Beacon Street Development Company Co., LLC. Belhaven Water Street Residential Redevelopment Beaufort County Major Modification CAMA Major Permit #100-21 Project setting Beacon Street Development Co., Inc., has submitted the attached application for the addition and redevelopment of an adjacent property into a residential site as a Major Modification of CAMA Major Permit No. #100-21, previously issued on 10 August 2021 to Beacon Street Development Company Co., Inc. CAMA Major Permit No. 100-21 authorized the construction of a 40-unit single-family residential community with an associated 40 slip open water docking facility. The Major modification request was received on 18 July 2023 for the construction of 6 additional single-family residential units with an associated 6 slip open water docking facility and bulkhead. The parcel is located at 166 East Water Street, adjacent to Pantego Creek in the Town of Belhaven, Beaufort County. The project site is a ±0.61-acre tract owned by Beacon Street Development Company Co., Inc. This parcel was the former location for the Chamber of Commerce building, which was previously torn down. The remaining impervious surface area (ISA) includes an asphalt parking lot and a concrete building slab. The property has ±93.1' of shoreline adjacent to Pantego Creek with the southern portion stabilized by±70' of existing riprap. Water depths along the site range from 2 to 3 feet but are consistently 4 to 5 feet in the areas of proposed boat slips. The property has a vegetated, maintained lawn with a single pine tree and a small, isolated 404-wetland in the southwest corner,which is±503.43 sf in size. No submerged aquatic vegetation or shellfish resources are located in the project location. The northwestern (upstream) end of the property on Pantego Creek abuts a single- family residence with an above ground pool, zoned as General Business. Northeast of the site has a hardware store and an office building zoned as Marine Business. The southeastern (upstream) end of the property abuts the permitted residential subdivision (former hospital property) zoned as General Business. Pantego Creek is an inland water body, as designated by the Division of Marine Fisheries and the Wildlife Resource Commission, and is classified as SC, NSW by the Environmental Resource Commission. The property is subject to the Tar-Pamlico Riparian Buffer rules administered by the N.C. Division of Water Resources. Project description The applicant is proposing to redevelop this property into a residential site with 6 residential dwellings, a pier with 6 associated boat slips, 93.1 linear feet of vinyl bulkhead, and ±27,000 sf of upland fill. Upland development will include 6 residential lots with driveways and parking pads, covering 0.61 acres. Placement of±26,502.29 sf of fill to this area is proposed to bring the potential lot above base flood elevation of 5.0' above normal water level, matching the proposed elevation to the adjacent property under this permit. The depth of this fill will range from 1.5' to 4' in depth, crowning in the center of the parcel at +5' above NWL and tapering to ±2' along the perimeter of the parcel. Project site will have some minor stormwater improvements, which involve the rerouting of an existing pipe that transects the property. Three roads will service the residential development, with road A providing access from East Water Street in the northeast corner. Road A will intersect with short extensions of roads B and C, providing access to the residential units. Roads B and C will accommodate two-way traffic and are proposed to be 16' x 75' in length each. A new vinyl bulkhead 97' in length would be constructed along Pantego Creek, with a maximum distance of 2' waterward of the existing shoreline stabilized by riprap. The proposed bulkhead will connect to the bulkhead on the adjoining property under this permit. Backfilling of the bulkhead to accommodate the deadmen tiebacks will necessitate the filling of a small ±503.43 sf area of 404-wetlands, which is required for structural integrity. The backfill will be a clean earthen fill from an approved upland source, with 190 sf placed below water level. An 8.25' x 288' pier walkway will be constructed from the waterward side of the bulkhead, perpendicular to the shoreline, and will terminate at a 10' x 12' covered T- head platform. Pier will also have 4-3' x 24' finger piers and 1- 6' x 60' end Tee located landward of the covered platform at the terminal end of the pier walkway. Pier walkway length, from the edge of the proposed vinyl bulkhead to the first boat slip, will have a maximum length of 229'. Each boat slip will include mooring pilings that will each accommodate an optional 12' x 14' boatlift. Anticipated impacts The project as proposed will result in filling an area of uplands measuring 75' x 360' with clean earthen fill, which will include the filling ±503.43 sf of 404-wetlands.An additional 190 sf of backfill will be placed below water level for the construction and stabilization of the proposed vinyl bulkhead. Project will impact both the 50' Tar-Pamlico and the 30' CAMA Buffers. Total impervious surface area for the site is proposed to be equal to or less then the existing ISA, which currently resides at 56.48%. The plan is to create "equal"or"better" conditions for the site through improved stormwater flow and the potential inclusion of pervious walkways, parking, roadways, and limitation of other ISAs such as rooftops. There are no ISA's proposed in the Tar-Pamlico or CAMA Buffers. The proposed pier walkway, finger piers, and platforms will shade ± 4020 ft2 of the Creek bottom. Total area disturbance totals are projected for ±0.71 acres at ±30,712.29 sf. The project will result in localized short-term turbidity from the construction of the pier walkway and associated structures. Jessica Thomas 18 July 2023 Belhaven Water Street Cooper Property Stormwater Management Narrative June 5,2023 History:The Cooper Property is being added to the proposed development to the west of the Pungo Hospital site and consists of 26,502.29 sf(0.61 ac). It has an existing building and parking lot totaling 14,968.27 sf.This equates to an ISA of 56.48%.This will accommodate approximately 6 additional lots.This ISA currently exists and was confirmed by the June 2, 2023 survey by Hugh Sorrell (See Sheet 1.1). Current Permit:There is not a current permit associated with this project. Redevelopment Strategy:This redevelopment plan is designed to manage the developed ISA to equal to or less than the existing ISA, including all homes and related drives and walks, which will create an 'equal' or'better' condition. This strategy will be achieved by the use of warm season turf infiltration areas, and may include pervious walkways, parking or roadways and/or the limitation of other ISA's (rooftops,etc.). Any additional efforts which may be taken to (a)fill the site to provide improved soil depths, and (b) elimination of curb&gutter in favor of grassed swales,etc. will then result in a 'better' condition. While efforts will be strongly considered these additional steps are optional at the developer's discretion. Proposed development includes the construction of 6 residential units vinyl bulkheading replacement of existing shoreline bulkhead and the possible construction of an 8' 3"wide access walkway(95 linear feet where located landward along Pantego) of the proposed replacement bulkhead. There will be some minor storm water flow from one offsite pipe and inlet connecting through to a drain inlet on the northwestern nmost corner of the site and subsequently transcecting the property through a pipe which is proposed to be rerouted.The proposed rerouting of the pipe will terminate at the proposed bulkhead via an opentop drain inlet serving as a discharge and dissipator.At this point stormwater will discharge across vegetated turf areas stabilized with warm season turf grass before entering the surface waters. Pursuant to the attached Grading and Drainage Plan by Rivers and Associates, Inc.,the exisitng small isolated wetland (503 sf) is required to be filled to allow for proper backfilling of the proposed bulkhead and related tie- backs and deadmen to achieve adequate structural integrity.The finished grades resulting form backfilling will blend with the stormwater piper and dissipator relocation and allow for the construction of the pier accessway. Reference Pan Sheet C4.01 for detailed Grading and Stormwater Plan, FOR REGISTRATION REGISTER OF DEEDS Jennifer Lott Whltehurst 111 [ HRH' :11 Beaufort County NC 8K21I IU 0V pBokust2142Page2802022 814 AM FEE: S26.00 MI MI # L W 1136 f iINSTRUMENTs#20220047364 BEAUFORT COUNTY LAND RECORDS Beaufort County Tax Collectors ROUTING FORM 56 2 2 3 Tox Cer ' is flan `s OfficialDid* Land Records Official Date STATE OF NORTH CAROLINA DEED COUNTY OF BEAUFORT a This Deed, made the 12 day of August,2022, by and between Durward Lance oN Cooper,Jr. (unmarried)of 1063 14th Place,Suite B,Des Moines,IA 50314, Grantor,and Beacon Street Belhaven,LLC of 2302 Beechridge Road,Raleigh,NC 27608, Grantee: a • 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 bargain,grant,sell and convey unto ti the Grantee in fee simple,all Grantor's interest in that certain tract or parcel of land lying and being in Town of Belhaven, Beaufort County, North Carolina and more particularly described as follows: = Beginning at a point in the northern high water mark of Pantego Creek at the westernmost corner of the lot owned by Pungo District Hospital as the same is shown on a map of survey entitled"Property of n Gregory L. Jones and Rebecca Jones" dated December 11, 1989 and revised June 3, 1991 by Hood Richardson,R.L.S.and recorded in Plat Cabinet E,Slide 55-3;running thence with Pungo District HospitaI's western boundary North 50 degrees 30 minutes 00 seconds East 347.77 feet to an iron pipe located in the southwestern right of way of Water or Front Street;thence with the said right of way of North 39 degrees 30 minutes 00 seconds West 75 feet to an iron pipe;thence South 50 degrees 30 minutes 00 seconds West 317.50 feet to a point in the northern high water mark of Pantego Creek;thence in a southerly direction with the high water mark of Pantego Creek to the point of beginning, containing 0.56 acres, more or less. Reference is made to a Deed to Dr. J.T.Wright dated June 26, I953 and recorded in Book 430,Page 380, Beaufort County Registry.Being the same as shown on a survey by Hood L.Richardson,P.A.,dated July 26,2004,a copy of which is recorded in Plat Cabinet G,Slide 39-6,Beaufort County Registry.This being the same as was conveyed to Belhaven Community Chamber of Commerce, Inc., A North Carolina Corporation by deed dated December 9,2015 of record in Book 1888,Page 790,Beaufort County Registry to which map and deed reference are herein made and incorporated for a more complete and accurate description.Further reference is made to Deed Book 1981,Page 523,Beaufort County Registry. This property IS NOT the primary residence of the Grantors. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and PK21 I4PG281; appurtenances thereto belonging to the Grantee in fee simple, subject, however to the ollowing: . 1. 2022 Beaufort County Ad Valorem taxes,prorated at closing. 2, Such easements, rights-of-way and restrictions of record in the Beaufort County Registry. 3. Non-compliance with any local, county, state or federal governmental laws, ordinances or regulations relative to zoning, subdivision, occupancy, use, construction or the development of the subject property. 4. Information for preparation of this Deed was furnished by Grantor. Attorney makes no representations or warranties as to the status of this title or whether the land is encumbered by taxes,mortgages or other liens. No title search was requested and none was provided. And the Grantor covenants with the Grantees,that Grantor is seized of the premises n fee simple,has the right to convey the same in fee simple,that title is marketable and free nd clear of encumbrances,except the aforesaid,and that Grantor will warrant and defend e title against the lawful claims of all persons whomsoever. The designation Grantor'and Grantee as used herein shall include said parties, their eirs, successors, and assigns, and shall include singular, plural, masculine, feminine or cuter as required by context. IN WITNESS WHEREOF,the Grantor has hereunto set his hand,the day and year I rst above written. (.\) kriu)%0 Durward Lance Cooper,Jr. .TATE OF :��-- OUNTY OF I, G^ �7oYV,Q..T� , a Notary Public of the County and State aforesaid, do • ereby certify that Durward Lance Cooper,Jr.(unmarried)personally appeared before me this • •ay and acknowledged the due execution of this instrument. Witness my hand and official stamp •r seal,this .o day of August,2022. rr1 w 1 RYAN BOMER Notary Public COMMISSION NO.7 13 310 My Commission Expires: to4-9/Z' _ MY CO I BARES i.6412 - \L‘,\ Mai ,11 CAMA Major Development Permit Application Checklist This checklist is provided solely as an informational resource to assists in the preparation of the permit application. Although this checklist is not required to be filled out as part of the permitting process, nor is it required that this checklist be provided to the Division of Coastal Management (DCM), the items included within the checklist are required to complete the permit application. During the pre-application or application submittal meeting, a DCM representative will sit down with you and review the application package for completeness. Me Division representative will refer to this checklist to determine whether or not an application is deemed to be complete or insufficient. If an application package is deemed incomplete, the specific deficiencies will be noted on the application checklist. A copy of the checklist will be provided to the applicant, or applicant's agent, at the end of the meeting. Once the items have been addressed, the applicant or agent should contact the local field representative to reschedule a final meeting. PERMIT APPLICATION FORMS All applicants must completely fill out all three pages of the DCM MP-I form. Depending on the scope of the proposed development,you will also need to fill out some or all of the additional form(s) listed below. A checkmark beside the applicable form(s) indicates that the forms are required for the proposed development. ✓ MP-2 Excavation and Fill Information / MP-3 Upland Development / MP-4 Structures Information MP-5 Bridges and Culverts MP-6 Marina Development * All questions on the application form(s) must be complete, or the letter"N/A" must be placed in each item that does not apply to your proposed project. * All of the information provided in these forms must accurately correspond with the submitted workplan drawings. WORKPLAN DRAWINGS All drawings must be neat, clear, and of standard size to permit photographic reproduction. If blue prints or sheets larger than 11" x 17" are used, 27 copies must be submitted (it is advisable to request that a Division representative inspect a final copy of the workplan drawing(s)prior to making the required 27 copies). Drawings larger than 11" x 17" should be folded to legal size or smaller. The workplan drawings must be accurately drawn to an engineers scale(1"-200' or less) (example 1"=30'), 1"=50', 1"=60', 1"=100', etc.). The scale must be indicated on the drawings. The following list of items must be indicated on the workplan drawings. No application or workplan drawings will be accepted as complete until all of the applicable items on the checklist have been approved by the DCM. CHECKLIST Cont. A DCM representative will review the permit application and workplan drawing(s)and mark off each item(s) listed on the checklist that is deemed to be complete. An item that has not been "checked off"indicates that additional information is needed in order to accept the application as complete, or that the item is "Not Applicable"to the proposed project. A copy of the checklist will be provided to you at the end of the pre-application meeting, or submission meeting, once the entire permit application package has been reviewed. Workplan Drawings ✓ Simple Title Block (indicating name of applicant) thr. Drawing Number(s)—(example: drawing/page/sheet 1 of 4) Date workplan was prepared ___/ru? ✓ Standard North arrow ✓ Legend Dunes (primary and frontal dunes if applicable for development within the Ocean Hazard Area of Environmental Concern) ,/ Shoreline Waterbodies(indicate name of water body) Width of adjacent water body Marsh Lands (federal wetlands) Coastal Wetlands(indicate both upper and lower limits) "404" Type Wetlands ✓ Existing and proposed man-made structures Exact areas and dimensions of proposed excavation(for both high ground and in water excavation) Exact areas and dimensions for fill and-or spoil disposal (for both high ground and in water fill) ✓ Existing water depths relative to Mean Low Water(indicate datum used to determine depths and whether or not soundings were collected based on elevation or vegetation; also indicate proposed water depths for dredging projects) Approximate Normal High Water(NHW)/Normal Water Level , , 1)1111)J Approximate Normal Low Water(NLW) Property boundaries Riparian Corridors(for structures located over public trust waters) ✓ Distance of proposed structures to the federally maintained channel(s) ✓ Names of adjacent property owners V Area of Environmental Concern (AEC)boundary(example: 75-foot Estuarine Shoreline AEC, 575-foot Estuarine Shoreline ORW Shoreline AEC, Ocean Hazard AEC, Inlet Hazard AEC, etc.) ,/ 30-foot Coastal Shoreline Buffer First Line of Natural Stable Vegetation *-4 Small and Large Structure setbacks Depth and elevation of existing structures Proposed work relative to the existing ground level 0 Elevation of existing dunes (applicable to Ocean Hazard projects) AGENT AUTHORIZATION FOR CAMA and ASSOCIATED PERMIT APPLICATIONS AND APPROVALS Name of Property Owner Requesting Permit: Beacon Street 441NWINgi, LLC PO Box 6474 'I hau�j Raleigh, NC 27628 Phone Number: 919.795.3380 Email Address:jwiley@beacon-street.com I certify that I have authorized: Joe Lassiter, Lassiter Environmental Consulting, LLC and Scott Murray, Scott Murray Land Planning,LLC ,Agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all permits and other associated approvals for the following proposed development at the location of the Cooper Tract and Pungo Regional Hospital site on Water Street in Belhaven, Beaufort County, NC 27810. 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. Date: I a 5 O Signed by: Jim Wiley, Pr si ent Beaco Street evelopment Company, Inc 1 illut1C,✓ IeaGovi Srvevi- ilauet4 Lt.C_, d�a$fA1j4 i� y,wY Yl r. ROY COOPER ` Governor +� s. ELIZABETH S.BISER ,4) ., +M,,,,,, Secretary aw. BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality July 2l,2023 Washington Daily News P.O Box Washington NC 27889 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 26 July 2023 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice,please call me as soon as possible at 948-3820. 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: Thank you. Sincerely, Tabitha Fulford, Administrative Assistant II Division of Environmental Quality Division of Coastal Management ATTACHMENT Cc: File ... - North Carolina Department of Environmental Quality Division of Coastal Management `®7J/g Washington Office 1943 Washington Square Mall Washington,North Carolina 27889 + . • `riv /d 252.946.6481 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by N.C.G.S. 113A-119(b)that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act(CAMA)was received on 18 July 2023. According to the said application submitted by Beacon Street Development Co., Inc. proposes Major Modification to permit#100-21 to redevelop property into a residential site with 6 residential dwellings,a pier with 6 associated boat slips,97 linear feet of bulkhead,and f 27,000 sf of upland fill. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 15 August 2023 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments.Notice of the permit decision in this matter will be provided upon written request. Kelly Spivey Washington District Manager NC Division of Coastal Management 943 Washington Square Mall Washington,North Carolina 27889 (252)948-3851 Please publish on: 26 July 2023 e srarF ROY COOPER ,' , Governor _ ELIZABETH S.BISER \; �,�,,,;' Secretary ``v w,r." , 1 BRAXTON DAVIS NORTH CAROLINA Director Environmental Quality Beacon Street Development Co., Inc. James Wiley P.O. Box 6474 Raleigh NC 27628 Dear Mr.Wiley The NC Division of Coastal Management hereby acknowledges receipt of your Major Modification #100-21 application for State approval for development of your property located 166 E Water St. Beaufort County Belhaven North Carolina and appears to be adequate for processing at this time. The projected deadline for making a decision is 01 October 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. Kelly Spivey, District Manager for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3851 or via email at kelly.spivey(adeq.nc.gov if you have any questions. If this agency does not render a permit decision within 70 days from 18 July 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. DE .4� North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington,North Carolina 27889 ' `.r..�+ �.. .m.w. /', 252.946.6481 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. Sinc ely, Kelly pive: District Manager Division of Coastal Management Washington Regional Office Enclosure Cc: Curtis Weychert-Assistant Major Permit Coordinator WARO Lassiter Consulting LLC CAMA PERMIT APPLIED FOR 761/9:44: 1 *Ntil'HA411 wto 'boas-4-S : COMMENTS ACCEPTED THROUGH APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Biome) k . 'a1 c;•911 , NC.. V)lp .`_11111 - .`- (V c) 1 a 5 - 33 } o Z.S"2 - 9`#r- 3rri LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 Email:josephslassiter@gmail.com—Phone: 252.202.3800 mobile/text CERTIFIED MAIL—RETURN RECEIPT REQUESTED June 28, 2023 Mr.James F. and Olivia 0.Thornton 217 Britton Loop Cameron, NC 28326 Re: Major Modification of CAMA Permit#100-21 Mr.and Ms. Thornton: Beacon Street Development Company Inc. (Beacon Street) is applying for a major modification of Major CAMA Permit#100-21. The new development proposed is on an adjoining .61-acre parcel located at 166 E.Water Street in Belhaven, Beaufort County, NC. The specific proposed work, including 6 residential units,6 boat slips and 93.1 linear feet of new bulkhead,is indicated in the attached site plan and CAMA application. As the adjacent riparian property owners to the project, Beacon Street is required to notify you of the development in order to give you an opportunity to comment on the project. Should you have any objection to the proposal please send your written comments to Mr. Kelly Spivey, NC Division of Coastal Management, 943 Washington Square Mall,Washington, NC 27889 within 30 days of receipt of this information. No comment within 30 days will be considered as No Objection. If you have questions about this project,you can contact me at the address,email or phone number above. Thank you for your attention to this information. Sincerely, Joseph S. Lassiter Lassiter Environmental Consulting, LLC- Authorized Agent for Beacon Street LASSITER ENVIRONMENTAL CONSULTING, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 Email:josephslassiter@gmail.com—Phone: 252.202.3800 mobile/text CERTIFIED MAIL—RETURN RECEIPT REQUESTED June 28,2023 Town of Belhaven 315 E. Main Street Belhaven, NC 27810 Re: Major Modification of CAMA Permit#100-21 Dear Sir or Madam: Beacon Street Development Company Inc. (Beacon Street)is applying for a major modification of Major CAMA Permit#100-21. The new development proposed is on an adjoining .61-acre parcel located at 166 E. Water Street in Belhaven, Beaufort County, NC. The specific proposed work, including 6 residential units,6 boat slips and 93.1 linear feet of new bulkhead,is indicated in the attached site plan and CAMA application. As the adjacent riparian property owners to the project, Beacon Street is required to notify you of the development in order to give you an opportunity to comment on the project. Should you have any objection to the proposal please send your written comments to Mr. Kelly Spivey, NC Division of Coastal Management,943 Washington Square Mall,Washington, NC 27889 within 30 days of receipt of this information. No comment within 30 days will be considered as No Objection. If you have questions about this project you can contact me at the address,email or phone number above. Thank you for your attention to this information. Sincerely, Joseph S. Lassiter Lassiter Environmental Consulting, LLC- Authorized Agent for Beacon Street SENDER:COMPLETE THIS SECTION COMPLETE THIS SEC VON ONDELIVERY • Complete Items 1,2,and 3. A.Sign/aura • Print your name and address on the reverse X +)t Q QL '.1�w4 A , 10 Aunt so that wo can return the card to you. rearm '■ Attach this card to the back of the maltplece, 9, Received :very by(Pent ame) C.Date of Doery or on the front if apace permits. i < G1 II 1. wide Addressed to: Moroni 1m 1 J,2?► D. Is dehvory rid. :sa d Roont from hem 17 Yes II YES,enter de:ivory address below: ❑No -36 L. Yra t ,Sfi $e1 .oh, St- 3. Sorvice Typo D IMdry Mall ExpressIIIIIIIIIIII IIII I II IIIII111lIIIIIIII III ° e �al RK�tcd Doiery D stored gestic-led D o D 9590 9402 6345 0298 2494 80 0 Ceara]NagRostrctodDolirmy 11 Bh„1Mao Confirmation'' D Cakcl os Delhay t l S9rtaturo Conil mallos 2. Artrcie Number Tikanai.r i..,«._,_,. .. n Calttct of Dei.ary Rost4Iclyd Drdivcy RMlrictcd Drnivory ?022 2994 ;;Insurea► Raalrkt04l7divMy Mall .._ __ ._.._ 3370 0001 7644 _. 1 tomr3 PS Form 3811,July2020 PSN 7630-02-000.9053 Dontoste Return Receipt ; '•r SENNGIt:COMPLETE THIS SECTION cUMPt h 1L rinS SEC I,ONON DEt_IYEAY • Complete Items 1,2,and 3. • • .i0nature • Print your name and address on the reverse �� �, e-i''nt so that wo can rotum the card to you. X [i ,�1�W It`{` O Addressee • Attach this card to the back of the maltplece, B. Ivod by(PrintedNemo) C.Date of D..!..y or on the front If space permits. 11'�tr'ipr'N (r 3v�1.� 1. Att clo Addressed to: D.Is delivery address different from Iteln 1? DYes y�,,'— ramtr ?T1i OY h ! If YES,enter delivery address lroluw; Q NO I/t y y hA '211 Y'1t 1)6G12 CG m<tr (1Y\, A---I(_ " ?)2.t' 3. Service Typo El Priority Mail r-..prrva IIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'III oCorbriMat.m ;;�Roslrlc•ed "`" I rwlR.yr�ted 9590 9402 6345 0296 2494 73 dna n todDeliey �ur �fM lles''o io L8a iori 2. Attalla Nrunha./h.mt,..%......._J r ^'/lied on Delivery Ras'Adcd Dc+irtiry flrsl.ctW Do',.ary 7022 3330 0001 7b44 298? „wills i „will Mail rtoslr,ct d Dnlhmy F'S Form 3811,July 2020 PSN 7530-02-00041053 Dornestlo Return Receipt "*This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: bracon 'areet bevetQ It C.o. f `nt_. Date:,/ I Z_ Project Site County 'Z, --JI-.�Qrt Staff: � District: ❑Elizabeth City (2lashington des ciestea Trornas ❑Morehead City ❑Wilmington Project Name: 1 em-v5ven Water Street Rover File: Date application"received as complete'in the Field office(EX: 1/8/2007): Permit Authorization: R AMA ❑Dredge&Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION • PNA: ❑Yes 2<o Photos Taken: Yes❑ No❑v" Setback Required(riparian): ❑Yes 114 o Critical Habitat: Dyes [ lo ❑Not Sure 15 foot waiver obtained:❑Yes RIO Hazard Notification Returned: Dyes ❑No 14/A SAV: Dyes [J to ❑Not Sure Shell Bottom: Dyes ( lo ❑ Not Sure Temporary Impacts: ❑Yes N14 Sandbags: Dyes Et<o ❑ Not Sure Did the land use lassification come from Mitigation Required(optional): county LUP: ( ?es ❑No Dyes ruin() Moratorium Conditions: ❑Yes Nt<o Environmental�A��Ssessment Done: ❑NA ❑Yes ❑No IjaNA SECONDARY WATER CLASSIFICATION—OPTIONAL(choose MAX of 4) ❑ Future Water Supply(FWS) E <utrient Sensitive Waters(NSW) ❑Swamp Waters(SW) ❑ High Quality Waters(HQW) ❑ Outstanding Resource Waters(ORW) WETLANDS/ IMPACTED E (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 ❑(SY)Salt reed grass(Spartina alterniflora) cynosuroides) ❑ (DS)Salt or spike grass(Distichlis ❑ (SC) Bullrush or three square(Scirpus ❑(TY)Cattail(Typha sp.) spicata) sp.) ❑ (JR)Black needlerush (Juncus ❑ (SP)Salt/meadow grass(Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required-$0.00 ❑ III(A) Private w/D&F up to 1 acre;3490 III(D) Priv.public or comm w/D&F to 1 can be applied-$250 acre;3490 can't be applied-$400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major 0 IV Any development involving D&F of permit-$100 permit -$250 more 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- ❑ II. Public or commercial/no dredge $100 and/or fill-$400 ❑ I. Private no dredge and/or fill-$250 ❑ III(C)Priv. public or comm w/D&F to 1 acre;3490 can be applied; DCM needs DWQ agreement-$400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanqgement.net revised:02:15(10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Date: 3/17/2022 Describe below the HABITAT disturbances for the application. All values should match the name,and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount) Me Dredge El Fill Loth 0 Other 0 505.1-I z 5b3.43 H Dredge 0 Fill 0 Both ❑ Other Dr- 1' L rcxx'dzs9A8.Be�tr tS,ggB.8lof� Shallow �� �mcirn Dredge❑ Fill�y" Both 0 Other 0 IgOftt. 1g0ft:'' Open -fiver Dredge❑ Fill 0 Both ❑ Other 1-kOZD ct Lit DLO RZ Dredge 0 Fill❑ Both 0 Other 0 Dredge 0 Fill❑ Both 0 Other ❑ Dredge 0 Fill❑ Both 0 Other ❑ Dredge 0 Fill❑ Both 0 Other 0 Dredge❑ Fill 0 Both 0 Other 0 Dredge❑ Fill❑ Both 0 Other ❑ Dredge 0 Fill 0 Both ❑ Other 0 Dredge❑ Fill 0 Both 0 Other 0 Dredge 0 Fill 0 Both 0 Other ❑ Dredge 0 Fill 0 Both ❑ Other 0 Dredge❑ Fill 0 Both 0 Other 0 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised:02i15i10 MAJOR PERMIT FEE MATRIX Applicant: Baton Skreet-- 4,e,1c`Qrc\ortk Co. Selection Development Type Fee DCM% DWQ (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100%($250) 0%($0) involve the filling or excavation of any wetlands or open water areas: 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: Major Mod cation to a $250 100% ($250) 0%($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100%($250) 0%($0) General Water Quality Certification No. 3490(See attached)can be applied: III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 3490(See attached) can be applied: III(C). If General Water Quality Certification No. $400 60%($240) 40%($160) 3490(see attached)could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60%($240) 40%($160) .24'. 3490(see attached)cannot be applied: IV. For development that involves the filling and/or $475 60%($285) 40%($190) excavation of more than one ar:re of wetlands and/or open water areas: CHECKLIST Cont. / Cross-Sectional (side-view) Drawing(s) ✓ Normal High Water(NHW) tU 1/ Normal Low Water(NLW) i►`� First floor and building height elevations relative to Mean Sea Level (MSL) for any proposed buildings t' 11 Roadway cross-section(including right of way limits) * If you are planning to submit color drawings with the application package, uniquely color-code and label the natural features as indicated below: Estuarine Shoreline AEC ✓Normal High Water—(in Blue ink) --.__.__-.__-.......M „a N1 Normal Low Water—(in Black ink) MLW Nif\Coastal Wetlands—(in Green ink) /Federal "404"type Wetlands—(in Magenta ink) ------ 4.w,. wetlands Property Boundaries ----Property boundary/line N( "r15-foot Estuarine Shoreline AEC 75' Estuarine Shoreline AEC Ni1/575-foot ORW Shoreline 575' ORW Shoreline V30-foot Coastal Shoreline Buffer 30' Coastal Shorline Buffer Ocean Hazard AEC c'AOcean Hazard AEC Ocean Hazard AEC Small Structure Setback ????' Small Structure Setback Large Structure Setback ????' Large Structure Setback First Line of Natural Stable Vegetation First Line of Vegetation OTHER REQUIRED INFORMATION (checkmark indicates that information is complete) i/ Project Narrative Application Fee Signed Certified Mail receipts from adjacent riparian property owners Deed (or other legal instrument under which the applicant claims the right to develop the property in question) Consultant/Agent Authorization agreement form Wetlands Delineation Approval (from the U.S. Army Corp of Engineers) 411 Stormwater Management Certificate I, Ocean and Inlet Hazard Notices ,i Other Information (any supplemental information that the Division of Coastal Management requests for processing) `7 2 Applicant/Agent signature DC epresentative ate Thomas, Jessica L From: Spivey, Kelly Sent: Friday,June 23, 2023 1:24 PM To: Joseph Lassiter Cc: Vaughan, Kent D;Thomas,Jessica L Subject: RE: [External] Fwd: CAMA signatures Joe, Thank you for the opportunity to review the draft major modification application. MP1 3a.Add Tar-Pamlico 4e. Add USACOE wetland species. 4f. Rip rap shoreline stabilization. 4i. Please provide documentation that project is consistent with applicable zoning. 5d.please add filling of USACOE wetlands. 5h.lf there is an existing pipe please indicate so. The Deed will have to be provided along with the notifications to the adjacent riparian owners. MP2 4b(i). Please indicate total square footage of wetland fill. Also, a DWR pre-file will be required for the Major modification. Please don't hesitate to contact me if you have any questions. Best Regards Kelly Spivey DCM,Washington (252) 948-3851 From:Joseph Lassiter<josephslassiter@gmail.com> Sent:Wednesday,June 21, 2023 8:28 AM To:Spivey, Kelly<kelly.spivey@deq.nc.gov> Subject: [External] Fwd: CAMA signatures CAUTION:External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Kelly, Please confirm receipt. Scott and I are available as necessary to discuss this proposed modification with you. Thanks, Joseph S. Lassiter Lassiter Environmental Consulting, LLC 1 139 S. Dogwood Trail Southern Shores, NC 27949 252.202.3800 Forwarded message From:Joseph Lassiter<josephslassiter@gmail.com> Date:Tue,Jun 6, 2023 at 8:43 AM Subject: Re: CAMA signatures To: Spivey, Kelly<kelly.spivey@ncdenr.gov>,Scott Murray<smurray@stmlandplan.com> Kelly, As a continuation of our March 31 and April 3 emails,the purpose of this correspondence is to provide the NC Division of Coastal Management(DCM)with a major modification permit application for Major CAMA Permit#100-21. The permit was issued to Beacon Street Belhaven, LLC(Beacon Street)on August 10, 2021 with an expiration date of December 31, 2024.The proposed modification is for development of an adjoining 0.61 acre parcel of land (Cooper Tract) located at 166 E. Water Street in Belhaven, Beaufort County, NC that has been purchased by Beacon Street. Attached to this email is the major modification application that was prepared by Scott Murray Land Planning, Inc(SMLP)with input from Lassiter Consulting, LLC and Rivers and Associates. The exhibits provided include: 1. Executed authorized agent letter for SMLP and Lassiter Consulting. 2. Beacon Street Stormwater Narrative by Rivers Engineering. 3. Four site plan/details sheets of the existing conditions and proposed development on the Cooper Tract. 4. DCM Forms MP 1,2,3,and 4.. Proposed new development on the Cooper Tract includes: 1. Six housing units with associated roads, infrastructure and stormwater management as required. 2. 97 linear feet of bulkhead with associated backfill and grading. Will tie into the permitted bulkhead authorized in 110-21. 3. A 190'long x 6' wide pier with six 10' wide x 24' long boat slips 4. The filling of 503.43 of jurisdictional Section 404 wetlands associated with backfill and grading of the area adjacent to the proposed bulkhead. Note: No change in the development permitted by 110-21 on the Hospital Site other than connection of roads, utilities and required site fill and grading is proposed. I request on behalf of Beacon Street that you review the attached major modification application on behalf of DCM and advise if it is satisfactory for circulation to the regulatory review agencies from DCM's perspective. If so,we will notify adjacent riparian property owners and forward that information to you along with the permit application fee. If you have questions, suggested additions, corrections,or deletions please advise and we will amend the application as required.. We also discussed a scoping meeting with key regulatory agencies prior to full circulation. We would appreciate your thoughts on who we include and when we accomplish that. Thank you for your attention to this information. We look forward to working with you to move the application review to a successful conclusion. Best regards, Joe 2 Joseph S. Lassiter Lassiter Environmental Consulting, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 252.202.3800 On Mon, Jun 5,2023 at 2:51 PM Scott Murray<smurray@stmlandplan.com>wrote: Please fire when ready Joe.Thank you Scott Sent from my Verizon,Samsung Galaxy smartphone Get Outlook for Android From:Jim Wiley<jwiley@beacon-street.com> Sent: Monday,June 5,2023 1:55:31 PM To:Scott Murray<smurray@stmlandplan.com> Subject:CAMA signatures Let me know if you need anything else BEACON STREET 0. 919.785.1445 1 I M WI LEY I M. 919.785.1446 President I jwiley@beacon-street.com Beacon-Street.com Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 3 Spivey, Kelly From: Joseph Lassiter <josephslassiter@gmail.com> Sent: Monday,June 26, 2023 4:53 PM To: Spivey, Kelly Subject: Fwd:Automatic reply: [External]401/Buffer Pre-filing Meeting Request - Major Modification of Major CAMA Permit#100-21 CAUTION:External email.Do not click links or open attachments unless verified.Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. fyi Joseph S. Lassiter Lassiter Environmental Consulting, LLC 139 S. Dogwood Trail Southern Shores, NC 27949 252.202.3800 Forwarded message From:401PreFile<401PreFile@deci.nc.gov> Date: Mon,Jun 26, 2023 at 4:39 PM Subject:Automatic reply: [External]401/Buffer Pre-filing Meeting Request-Major Modification of Major CAMA Permit #100-21 To:Joseph Lassiter<josephslassiter@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: 1 https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitting/staff-contacts Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 2