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HomeMy WebLinkAbout20131126 Ver 1_CAMA Application_201310182 p A 1 3 RUDDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director October 16, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Karen Higgins Division of Water Resources Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William Jake Taylor 1 2 6 John E. Skvarla, III Secretary Carteret County, at 213 Smith Street, in the Town of Atlantic Beach. Proposed Project: Proposes the dismantling and relocation and rebuilding of a pier, platform, finger pier, boatliift and the addition of a second slip area with boatlift. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 5, 2013. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808 -2808. Ext. 216 / When appropriate, in -depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Ave., Morehead City, NC 28557 Phone: 252 -808 -2808 l FAX: 252 - 2473330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirrnahve Acton Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: William Jake Taylor 2. LOCATION OF PROJECT SITE: 213 Smith Street, Atlantic Beach, Carteret County Photo Index - 2000: grid 40 -511 C (8) 2006: grids 40 -8086 D (8) State Plane Coordinates - X: 2679411.6 Y: 357226.9 Longitude: 76 °44'20.75 Latitude: 34 °42'36.99 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates'of Site Visit — Several site visits in the past, 10/3/13 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application received in DCM office and accepted as complete - 10/2/13 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Atlantic Beach dated 7/24/2008 Land Classification from LUP — Single Family Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private /Community (E) Wastewater Treatment: Existing — septic system Planned — None (F) Type of Structures: Existing — dock, bulkhead, riprap, house and driveway. Planned — relocate and rebuild pier, platform, finger pier, boatlift and add new slip area with boadift. (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water N/A N/A 485 ft2 Shaded 810 ft2 Inc. (D) Total Area Disturbed: 810 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA, HQW 8. PROJECT SUMMARY: Open: (No) (Moonlight Bay area) connecting to Bogue Sound The project proposed is for the dismantling and relocation and rebuilding of a pier, Field Investigation Report: William Jake Taylor 213 Smith St Page 02 platform, finger, boatlift and the addition of a second slip area with boatlift. There is currently a 1 slip dock facility along this property. The existing dock is located partially on 213 Smith St and 215 Smith St (Marshburn), due to a recent property division and sale of the old 211 Smith Street property. 9. Narrative Description The Smith Street project is located on the east side of an entrance channel from Bogue Sound that connects to the Moonlight Bay area. The property is located at 213 Smith St, Atlantic Beach, Carteret County. The project area is found by turning off of Highway 70 East in Morehead City (Arendell Street) onto the on -ramp for Atlantic Beach. Continue over the Atlantic Beach Bridge until you reach the Atlantic Beach Causeway and continue for approximately 1000'. Turn Right onto Moonlight Drive and another right onto Smith Street. Follow Smith Street for 435' and turn left onto the common drive for 209, 213 and 215 Smith Street. The high ground property for 213 Smith Street consists of a single family residence, driveway, bulkhead, riprap, existing pier, platform and one boatlift. The parcel consists of typical grasses and shrubbery and does not have coastal wetlands along its shoreline. The substrate within this area is silty sediment (mud fluff). The total shoreline for the property is 31.7' and has an average elevation of 4' above NHW. The proposed development is a private /community project. There are single family residences to the east and west of the project area. The Town of Atlantic Beach's Land Use Plan classifies this project area as single family residential with all parts of the AEC classified conservation. Moonlight Bay is not designated as Primary Nursery Area, is closed to the taking of shellfish and carries a water classification of SA/HQW. The width of Moonlight Bay per the applicant is approximately 206' within the project area and has been field verified. Water depths are an average of -7' within the existing slip area. As per the applicant, the boats which would use this area, would be a maximum of 24' in length and open center console runabout design and would be used for exclusively for 213 Smith Street only. There is no high ground development proposed at this time. Riparian corridors have been drawn 90° from the channel edge within this area and can be referenced by the riparian survey drawn by Mr. James I. Phillips on 6/12/13. 10. Project Description: The current proposal is for the dismantling of the existing pier and then relocate and rebuild a proposed pier, platform and boatlift as well as the addition of a new slip area with boatlift. Once the project is completed a total of two slips would exist (one existing and one new). The existing pier for this property is currently located on 213 Smith St and 215 Field Investigation Report: William Jake Taylor 213 Smith Street Page 03 Smith St. This is due to the recent sale and division of 211 Smith Street. The new lot lines for 213 and 215 Smith Street split the existing pier. Per the applicant a condition of the contract for the sale of the lot was the removal of the existing pier outside of Mr. Marshburn's riparian area and within Mr. Taylor's riparian area. The applicant has obtained a waiver from Mr. Marshburn (northern adjacent property) to encroach within the 15' riparian corridor setback, however cannot obtain a waiver from the other adjacent neighbor (Coley). The applicant is proposing to center the pier on the lot. They are proposing a 6' x 50' pier, a 1' x 10' finger pier, an irregular shaped platform which would result in three sections as follows; platform B- 9' x 14.5' (95.25sf per applicant), platform C- 7' x 6' (42sf per applicant) and platform D- 7' x 5.4' (37.8sf per applicant) and two boatlifts (one four pole 13' x 13' boatlift and one two pole 8' x 6' boatlift). This configuration would result in an encroachment within both riparian corridor setbacks. The proposal would result in the platform and boatlift to the southwest encroaching within the Coley/Taylor riparian corridor without a waiver. The development would be a distance of 5' from Coley's riparian corridor instead of the required minimum 15'. The total length from the existing bulkhead would not exceed a maximum distance of 50' within a 206' wide water body. All parts of the docking facility would not exceed the surrounding pier lengths and would be approximately 3' to 4' from the edge of channel. The water depths within the slips locations are approximately - 7'nlw. 11. Anticipated Impacts: The docking facility would shade 485ft2 of open water while incorporating 810 ft2 of Public Trust Area. The increases in suspended sediment and turbidity levels from the pier placement would be temporary. Due to the deeper water depths ( -7' nlw) there should not be a potential to cause the substrate to become dislodged due to prop wash kicking. There should not be a hindrance to navigation due to being 3' to 4' landward of the existing channel and not exceeding the historic pier length within this area. The development as proposed would encroach within both riparian setbacks; however, only a waiver from Mr. Marshburn (northern adjacent neighbor) has been obtained while Mr. and Mrs. Coley (southern adjacent neighbor) have not waived the 15' riparian setback. The encroachment within the Coley (southern adjacent neighbor) riparian setback would not meet 15A NCAC 7H.0208 (b) (6) (I) and would result in the proposal being inconsistent with this requirement. Name: Heather Styron Date: 10/15/13 Morehead City 213 Smith Street Pier Subject: Application for Residential Pier for William Jake Taylor MEME-D Prepared by: OCT 0 2 2013 William Jake Taylor 2801 Sandia Drive Raleigh NC 27607 phone: (919) 606 -2677 DCM. MAD MY Date: July 22, 2013 Page 1 of A 7 July 22, 2013 2801 Sandia Drive Raleigh NC 27607 Heather Styron NC Division of Coastal Management Morehead City Regional Office 400 Commerce Ave. Morehead City, NC 28557 Subject: residential pier construction 213 Smith Street, Atlantic Beach NC Bogue Sound Dear Ms. Styron, I am writing to discuss a permit application for a proposed pier to be located on the sound side of Atlantic Beach at 213 Smith Street. This proposal involves the moving of an existing pier that was located on an old lot recorded in the 1970's as part of Beach Mobile Home Court. The old lot that the pier was located on was 211 Smith Street. Part of this lot was combined with 213 Smith Street and part with 215 Smith Street. This recombination made 2 larger lots out of 3 lots with the old mobile home and septic tank removed from the old lot at 211 Smith Street. The water frontage was divided between 213 Smith Street and 215 Smith Street lots. The new lot line dividing the 2 new lots split the existing pier that was on the 211 Smith Street lot. The issue at hand is requesting a permit for a pier for the new 213 Smith Street lot which now has 31.7 feet of water frontage. There is an old pier on the 211 Smith Street lot that now is split by the new riparian line between 215 and 213 Smith Street lots. A condition of the contract was that all parts of the pier encroaching on the riparian water frontage of the Kirby Marshburn tract at 215 Smith Street would have to be removed within 12 months of the deed transfer. All the existing deck and part of the main pier extending into the water would have to be removed. To have the least impact on both of the two adjacent property owner's use of their riparian areas, the pier and associated boat lift new location would have to be moved to the south approximately centering the lot at 213 Smith Street. The new water frontage of 213 Smith Street is now 31.7 feet. The proposed pier was discussed with CAMA staff at the Morehead City office and it was explained that there is a riparian line extending perpendicular from the channel to each of the property lines of the adjacent lots. A survey was performed by James I. Phillips III, PLS who is a registered surveyor from Morehead City and familiar with the CAMA riparian line procedures. The riparian line between 213 Smith Street and 209 Smith Street is 28 feet from the pier to the south owned by Mr. William Coley. The existing boat lift of the old pier at 213 Smith Street is now 41.5 feet from Mr. Colley's pier. The property to the north at 215 Smith Street is owned by Mr. Kirby Marshburn. The existing pier is approximately 13 feet from the pier owned by Mr. Marshburn. The existing pier encroaches over that riparian line approximately 9.5 feet and all encroachments of that structure have to be removed before June of 2014. The existing pier needs be totally removed as the bolts holding the joist to the decking are rusted badly with several completely broken off and the pilings are deteriorating and not structurally sound. The property owner to the north ( Marshburn) is planning to move his boat lift to the opposite side of his pier as the existing one encroaches on,the neighbor to the north (217 Smith Street) owned by Hilda Creech. This relocated boat lift will almost touch the existing pier at 213 Smith Street and make the area very congested. To have a usable pier with boat lifts and relieve congestion the pier location at 213 Smith Street would have to be moved to the south. Page 2 op :;" Plans are to move the pier with boat lift to the center of the lot 31.7' water frontage. This would place the boat lift of the proposed pier 33 feet from the existing pier owned by William Coley at 209 Smith Street (existing pier to the north) and would be approximately 5 feet from the riparian line. The new proposed pier would be 22 feet from the pier to the north owned by Mr. Kirby Marshbum at 215 Smith Street and approximately 3.5 feet from the riparian line. This pier would be 50 feet long and 6 feet wide with a 4 pole boat lift (13'x13') located on the north side and a 2 pole skiff lift (8'x 6') planned to be connected on the north side of the pier. A platform (deck) is proposed in front of the 4 post boat lift with a narrow finger pier extending partially around the north side of the 4 pole lift for boat maintenance. The combined square footage of the proposed platform and finger pier would be 185 square feet. The plans for the new pier would place the beams of the two pole boat lift of the new pier 21 feet from the existing pier to the north (8 feet from the planned relocated boat lift Mr. Marshburn would like to apply for) and one foot off the riparian line of 215 Smith Street. On the opposite side (south side) of the proposed pier, the distance would be 33 feet from the existing pier at 209 Smith Street owned by Mr. William C. Coley and 5 feet off that riparian line. Issues: (1) CAMA requires a waiver signed by the adjacent property owner on any construction within 15 feet of the riparian line between properties on new construction. Since the water property frontage on 213 Smith Street is only 31.7 feet it would be impossible to build any pier on this lot without these waivers signed from both adjacent property owners. The adjacent property owner to the south (209 Smith Street) is reluctant to sign any waiver for any construction within the 15 foot setback. To compound the problem the riparian line between 213 Smith Street and 209 Smith Street lot #angles to the north (toward lot 213) making the usable area from the southern line for 213 Smith Street smaller because of the location of the existing pier located on that adjacent lot to the north. The piers on either side of this property are built perpendicular to the shore line and it is beneficial to all parties to have the same alignment. The 10,000 boat lift has a distance of 13 feet from outside of piling to outside of piling. Any new configuration of a new pier and boat lift outside that 15 foot setback from the pier to the south would leave only about a one foot wide pier without encroaching on the riparian line to the north. Conclusions: The new lot at 213 Smith Street now has 31.7 feet of water frontage on Bouge Sound and the owner of that lot would like to have use of a pier and boat lift within that riparian frontage. The existing pier has to have all encroachment over the riparian area from 215 Smith Street removed in 12 months as a condition of the purchase contract. The existing pier and boat lift are structurally unsound and needs to be replaced or rebuilt. The boat lift beams are badly rusted and the pilings supporting the exiting lift have deteriorated and are in need of replacing. The proposed pier at 213 Smith Street would be 33 feet from the pier to the south and 5 feet from the riparian line for that property. The proposed pier would be 21 feet from the pier boat lift to the north at 215 Smith Street (8 feet from the planned relocation) and one foot from the riparian line for that property. This would give all affected property owners ample use of the riparian area and associated piers fronting their properties. Both adjacent property owners have been sent copies of the proposed pier via return receipt certified mail and asked to sign waivers from the 15 foot setback from the riparian lines. Kirby Marshburn, the property owner to the north at 215 Smith Street has approved the proposal and signed the waiver. William C. Coley, the property owner at 209 Smith Street has been reluctant to sign any waivers and has sent a letter opposing the pier and any development adjacent to his lot. While it would be po §sible to rebuild part of the existing pier in its existing location under the maintenance provision of the CAMA rules all Page 3 6r 27 encroachments of that pier over the riparian line must be removed. Also only 50% of the pier can be replaced every 12 months so it could take up to 2 years to rebuild the pier and lift under that provision. Also by only rebuilding the part of the pier not encroaching over the riparian line the pier would be right on the riparian line to the north owned by Mr. Kirby Marshburn. Mr. Marshburn's pier now encroaches over the riparian line of the property to the north side of his property (217 Smith Street) so he is planning to apply to move his boat lift to relieve congestion on that side. This would make the area very congested between 213 Smith Street and 215 Smith Street on the north side of the pier thus making it difficult to use the riparian area by either lot owner. Without waiving the 15 foot setback requirement construction of a usable new pier fronting at 213 Smith Street would not be possible. I understand the plans will have to be denied without the waiver of the 15 foot setback from the riparian line signed by the property owner to the south. While the intent of that requirement is good in that it keeps adjacent property owners from building too close to a property line and impacting the use of their riparian area, allowances should be made if the use of the riparian area of the adjacent lot is not impacted and there are constrains caused by lot size and associated water frontage of the subject lot. Please consider waiving that requirement to facilitate relieving congestion of the use of the riparian areas between lots 213, 215 and 217 Smith Street. Please review and advise of procedure for a variance from that section of the ordinance if this section of the ordinance cannot be waived. Photos and plans for the proposed pier at 213 Smith Street are attached. Sincerely, William Jake Taylor cc: Kirby Marshburn (215 Smith Street) William C. Coley (209 Smith Street) Page 4 of A? Attachment I Ariel photos showing new lot lines, existing and proposed pier with riparian lines overlaid (Supporting photos of the site) View of 213 Smith Street lot showing pier location and property lines (fence). This photo shows the distance between the 209 Smith street pier and the existing boat lift at 213 Smith Street which is 41 feet. The proposed pier and boat lift will be moved over approximately 6 feet to the south ( left) leaving a distance of 35' to the adjacent existing pier (left) located at 209 Smith Street. This would maximize the use of the riparian areas on both sides of the pier. This location would not adversely impact the use of either of the adjacent property owner's use of their riparian areas. Page 5 of z/ View of existing pier location showing 213 Smith Street lot (center) showing the encroachment of the existing pier onto 215 Smith Street lot. All encroachments over the new riparian line between 213 Smith Street and 215 Smith street are required to be removed as part of the purchase contract by June of 2014. The small green shed is on that adjacent lot (on left). The space to right is the proposed location of the new pier. View of existing pier from the line dividing the 213 and 215 properties. This shows the encroachment of the existing pier over the riparian line of the property to the north owned by Kirby Marshburn. All part of the pier that encroaches will have to be removed by June of 2014 as part of the purchase contract. Mr. Marshburn plans to place a 4 pole lift from his pier on the right which would touch the existing deck of the pier on 213 Smith Street. This photo also shows how close the pier to the north is and the potential congestion once Mr. Marshburn starts his planned boat lift permit application to move his boat lift to the south side of his pier to relieve congestion between 215 and 217 Smith Street piers. View of existing pier and encroachment over the riparian line viewed from the property to the north owned by Kirby Marshburn. The existing pier extends well into the frontage of that lot. The proposed pier being moved over to the center of the 213 Smith Street lot would also give Mr. Marshburn (215 Smith Street) better use of his riparian area while not affecting the use of the riparian area in front of 209 Smith Street. Page 6 o i- a 7 ,�iCAmrror Maier Development Forinit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. PrimaryApplicant /Landownerimonnadon Business Name Project Name (if applicable) Agent/ Contractor 1: First Name JakeTaylor Residential Pier at 213 Smith Street Atlantic Agent/ Contractor 2: First Name Beach Last Name Applicant 1: First Name MI Last Name City William Jake Taylor Phone No. 1 - Applicant 2: First Name MI Last Name Contractor # If additional applicants, please attach an additional pages) with names listed. Street Address (if different firm above) Mailing Address PO Box City ZIP State 2801 Sandia Drive Raleigh NC ZIP Country Phone No. FAX No. 27607 USA 919 - 606 - 2677 ext. 919 - 510- 0532 Street Address (if different from above) City State ZIP Email jakev4t @bellsouth.net 2. AgwWConiractorintotmaftn Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different firm above) City State ZIP Email <Form continues on back> pi's 7 oic a ;7 252- 808 -2808 :: 1- 888- 4RCOAST :: wwrw.nccoastaimanagernent.net Form DCM MP -1 (Page 3 of 6) APPLICATION for Major Development Permit I PmJ=ecf Locsf%On County (can be multiple) Street Address State Rd. # Carteret 213 Smith Street d. Approximate elevation of tract above NHW (normal high water) or Subdivision Name City State Zip Beach Mobile Home Court Atlantic Beach NC 28512- Phone No. Lot No. (a) (if many, attach additional page with list) 919 -606 - 2677 ext. h. How does local government zone the tract? a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Moonlight Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Bouge Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Atlantic Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 31.T 7214.49 sq ft c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or .165 acres, o I NWL (normal water leveo (If many lot sizes, please attach additional page with a list) ❑NHW or ❑NWL e. Vegetation on tract turf grass (St Augustine) f. Man -made features and uses now on tract Residential dwelling ,Vinyl bulkhead with rip rap support installed in front of that bulkhead, Private Pier with a boat lift g. Identify and describe the existing land uses adiacent to the proposed project site. Residential dwelling ,Vinyl bulkhead, Rip rap bulkhead, Private Pier with a boat lift south side Residential dwelling ,Vinyl bulkhead , Private Pier with a boat lift north side h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R -1 M (The R -1 M residential district established as a (Attach zoning compliance certificate, if applicable) district in which the only land use is for single ®Yes ❑No ❑NA familydwellings and manufactored homes) j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> Do." 101pa 252 - 808 -2808 :: 1- 888- 41RCOAST :: www.necoastalmanagement.net Form DCM MP -1 (Page 4 of 6) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. Town of Atlantic Beach approved septic tank and drain field o. Describe existing drinking water supply source. Townof Atlantic Beach municipal water p. Describe existing storm water management or treatment systems. existing sheet flow 5. Acliv/tfes and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovemment ®Private /Community b. Give a brief description of purpose, use, and daily operations of the project when complete. private residential pier and boat lift for recreational use by owners of the lot 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. Wooden treated pilings with treated wooden structual members and decking. Galvanized bolts and stainless steel decking screws. One 10,000 four post boat lift and one 3000 lb two pole boat lift. Treated wood structual members (aproximately five 12 foot 2x8s , two 14 foot 2x8s,eleven 16 foot 2x8s, six 14 foot 2x8s, four 10 foot 2x8s, four 8 foot 2x8s and 485 sq ft of 2x6 decking) to be stored temporarily on the lots grassed yard during construction process. Treated pilings (approximately eight ten inch diameter 30 foot, and seven eight inch diameter 20 foot, and five ten inch diamter 16 foot) to be hauled in by contractor on barge,stored on the barge and installed (driven into substrate) by that contractor. Boat lift will be hauled in on barge and installed by contractor. Old pier and boat lift to be demolished and hauled to approved land field. Usable part of the old boat lift will be salvaged and sold for reuse or scrap metal d. List all development activities you propose. Pier with railings, seating bench and boat lift for recreational use of lot owner e. Are the proposed activities maintenance of an existing project, new work, or both? New. Over 50 % of the existing pier /deck encroaches on the riparian area of the property to the north and has to be removed by June of 2014 as part of the purchase contract. The balance of the stuctural part of the pier and pilings are deteriorating and in need of removal. Bolts are rusted with several broken causing structual sagging of pier deck, pilings rotten or worm eaten and decking nails rusted to point not holding deck in place. The old pier will be completely removed and the new pier and boat lift to be centered on the property frontage. f. What is the approximate total disturbed land area resulting from the proposed project? none ❑Sq.Ft or ❑Acres 252- 808 -2808 :: 1- 888.4RCOAST :: www.necoastaimanagement.net 9 �7 . Form DCM MP -1 (Page 5 of 6) APPLICATION for Major Development Permit g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. h. Describe location and type of existing and proposed discharges to waters of the state. e. The appropriate application fee. Check or money order made payable to DENR. none I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Folm continues on back> 6. AddWonallntonnadon In ad0brr to this completed application form, (MP-1) the following hams below, if applicable, must be submitted in ondwfor the applkadon package to be coaV*ia. items (a) — M are always applkable to any major deveMp rent appUcatfon. Please consult the ap#kadon insbtolon +booklet on how to properly prepare the mquired 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, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Kirby Marshbum Phone No. 919-422-7587 Address 6901 Lake Myra Road, Wendell INC 27591 Name William C. Coley Phone No. 252 - 527 -1605 Address 572 Lakeland Drive, Kinston NC 28504 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates. Permit 62709 issued 6/28/2013 for rip rep bulkhead to William Jake Taylor 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 Ad (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. Cer0cation and Penmiss /on to Engler on Land I understand that any permit issued in response to this application will allow only the development described in the The project will be subject to the conditions and restrictions contained in the permit. 252- 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastalmanagement.net Form DCM MP -1 (Page 6 of 6) APPLICATION for Major Development Permit I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow -up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date q / ,L/2013 Print Nam Willi ake Ta or Signature Please indicate application attachments pertaining to your propo d project. ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -5 Bridges and Culverts ❑DCM MP -3 Upland Development MDCM MP-4 Structures Information 252. 808 -2808 :: 1- 888- 4RCOAST :: www.nccoastalmanagement.net pp pofa7 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. DOCNNi FAC1LiTYAU NA CHARACTEMSTICS 0This sedon not `applicable a. (i) Is the docking facility /marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublictGovemment ®Private/Community []Yes ®No c. (i) Dock(s) and/or piers) (ii) Number 1 (iii) Length 50' (iv) Width 6' (v) Floating ❑Yes ®No e. (1) Are Platforms included? ❑Yes ❑No If yes: (ii) Number #B #C #D (iii) Length 9 T T (iv) Width 14.5' 6' 5.4' All three platforms are connected as one platform but listed separately because of the irregular shape area of platform #B is 95.25 sgft as it is not a rectangle area of platform# C is 42 sci ft as it is a tranale area of platform #D is 37.8 scLft as it is a triangle (v) Floating []Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed one (slip B is a 2 pole 3.000 lb boat lift which is to be installed on two of the pilings of the proposed pier) (ii) Number of slips existing one (old 4 piling boat lift has deteriorated andnot structually sound is to be demolished and slip A which is a 4 Dole 10.000 lb boat lift to be constructed six feet to the south from the existing old lift location) I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water, no dredging required ❑Other, please describe: k. Typical boat length: 16' to 24' d. (1) Are Finger Piers Included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 10' (iv) Width 1' (v) Floating ❑Yes ®No f. (i) Are Boatift included? ®Yes ❑No If yes: (ii) Number two (one 4 piling lift and one two Dole lift) (iii) Length 13'(#l) and 8'(#2) (iv) Width 137#1) and 6'(#2) h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (*wet slipsl only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open center console runabout I. V) Will the facility be open to the general public? ntr it .# 07 252. 808.2808 ::1.888.4RCOAST :: www.necoastaimananement.net revised: 12127/06 Form DCM MPA (Structures, Page 2 of 4) • m. (i) Will the facility have tie pilings? []Yes ®No ®Yes ❑No (ii) If yes number of be pilings? 4 2. DOCK/NG FACIUMMAR/NA OPERATIONS ®This section notappttcable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of 'No Sewage Discharge' signs proposed. (ii) Give the location and number of • Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h• Give the number of channel markers and 'No Wake' signs proposed. 1. Give the location of fuel- handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live- aboard dockage? k. Describe design measures that promote boat basin flushing? 252 -808 -2808 :: 1- 888- 1RCOAST :: www.necoastairnananoment.net revised: 12127106 form DCM MP -4 (structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? 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 madna/doc king facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (Including covered lids) ®This section not applicable I a. (i) Is the boathouse structure(s): ❑ Commercal ❑Public/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 14, GROIN (e.g., Wood, sheetpile, etc. lfa rock groin, use MP -2, Excavation and Fill.) 0This section not applicable a• (1) Number (ii) Length (Iii) Width 5. BREAKWATER (e.g., Wood, sheetpile, etc) ®This section not applicable a. Length c Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. is me structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present b• Number d. Description of buoy (color, inscription, size, anchor, etc.) m' NWT 7 252 -808 -2808 :: 1.888.4RCOAST :: www.nccoastalmanaeement net revised: 12127/06 • Form DCM MP -4 (Structures, Page 4 of 4) e. Arc of the swing 17. taENEERAL a. Proximity of structure(s) to adjacent riparian property lines 5'from riaprian line to the south and 1' from the riparian line to the north Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 206' e. (i) Will navigational aids be required as a result of the project? OYes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 33' from pier on the south side 23' from pier to the north side d. Water depth at waterward end of structure at NLW or NWL 7 foot at NLW I& OTHER 13TNs section nai appkabb a. Give complete description: A water front lot was purchased with an existing pier splitting the new lot line between lots. A condition of the purchase contract was to remove all encroachments over the new riparian line formed by the new lot line within 12 months of the dosing date of June of 2013. The new lot has a 31.7 foot frontage on the water. This application is to rebuild the approximate pier and associated boat lift in the center of that water frontage. The pier will be 50 ft long and 6 feet wide with a platform on the southside (3 irregular shapes connected) in front of the 10,000 boat lift curving around the front of the boat lift connected to a narrow finger pier for boat maintenace. A small 3,000 lb 2 pole boat lift is proposed to be installed on the opposite side of the pier (north side) connected to structual pilings of the pier. See attached plans with narrative and photos. 71/ Mr, `50f s 1 252 - 808 -2808 :: 1.888-4RCOAST :: www.nccoastatmanagement.net revised: 12127106 Name of Project: Jake Taylor Residential Pier at 213 Smith Street, Atlantic Beach Applicant: William Jake Taylor Location of Proposed Pier Proposed Pier William Coley (lot #33) 209 Smith Street Riparian lines Width of water body / 206' I r Slip A / (4 pole lift) r Slip B / (2 pole liii 1 � Finger pier 1 / NLW flatfotta i Main Pier r • ' William Jake Taylor (lot # 35) Kirby Marshburn 213 Smith Street (lot #36) :. 215 Smith Street NLW line taken from measurements averaged 5 days in early June Height of the top of the deck for proposed pier will be 661;'above NLW Scale: P= 20' Bouge Sound ZZ:ZZ—_ Hilda Creech (lot #37) 217 Smith Street Vicinity map N —� Depth of water below NLW 7th piling (end of pier): 83" 6th piling (from end of pier): 60" 5th piling (from end of pier): 36" 4rd piling (from end of pier): 18' 3rd piling (from end of pier): 6" Date: July 22th, 2013 Page /Lof .7 't Name of Project: Jake Taylor Residential Pier at 213 Smith Street, Atlantic Beach Applicant: William Jake Taylor Scale: F'= 6' Proposed Pier Plan Drawing (square footage of each section shown) Vicinity map Platform #1 (B) :9'x7.5' and 9'x7' divided roe g" � „ �(n^ by 2 =total of 95.25 sq ft r a .G '_ «c= Finger Pier (E) :10'x 1'= 10 sq ft Zh+_ $ Platform #2 (D) :7'x 5.4'= 37.8 sq ft _(1L Platform #2 (C) :7'x 6'= 42 sq +it °+1l ;' R� =+►� Total platform and finger pier square footage: 185 sq ft _9' CC- ft tt�r I t = tl1 riL CA ) Main Pier: (A) 50' x 6'= 288 square feet —tn= 5, III - .M 1 -li%Z 01 ,+o NLT (Normal Low Tide) line taken from measurements taken averaged from 5 days in early June Date: July 22th, 2013 Page/ 7of J 7 Name of Project: Jake Taylor Residential Pier at 213 Smith Street, Atlantic Beach Applicant: William Jake Taylor Scale: 1" = 6' Location of Proposed Pier (Profile Drawing) Vicinity map J3° Vr� lil }}�'qq,. rZ•, d I I (It At 8f'�' lox 2 a fit � Tr WI ur�lu't Iw= M j"IQ�p! <7t� 1rt NLW /Sflr n l k{-: h. _ III ° utY n l i►I �Nt Diu - ir(,->?- ri 0 �i�p/- _ /!f ^ill-lr l I�t� l�(IIo� It�I�N r r- 11a�1 °-pl it �'�(�GNI _ it �l( I? fh r'jl� bJ���! n) = 1�l Iil` l l► - Y 111 +1�t., I —vl Ir(ali� 1 �%I =nT,:lu B. I =r al�r`�c Existing vin bulkhead fit ^r/ Il/ �NI ills 1 1 _ ►I� Depths taken from soundings NLT (Normal Low Tide) line taken from measurements taken averaged from 5 days in early June Date: July 22th, 2013 Page if of,7 7 I e Name of Project: Jake Taylor Residential Pier at 213 Smith Street, Atlantic Beach Applicant: William Jake Taylor Scale: P = 6 Location of Proposed Four Pole Lift (Profile Drawing) Proposed 4 pole 10,000 lb boat lift for boats 20 to 26 foot long. Pilings will Vicinity map be 10" minimum diameter and driven into substrate a minimum of 8 feet I '� I1 'I _ J I d ►� � � � 1 1 I I � (% 1��- ,r, 'dTtj t t=�f RIM - ig%1(� MM-17 clr �L� :1(= T(�ill7, IY fitraarT��JBw tAhirr r, ,eM1i -ii /,� Depths taken from soundings NLW (Normal Low Water) line taken from measurements taken averaged from 5 days in early June at low tide Date: July 22th, 2013 Page/ 9of.7 j Name of Project: Jake Taylor Residential Pier at 213 Smith Street, Atlantic Beach Applicant: William Jake Taylor I Location of Proposed Two Pole Lift (Profile Drawing) Proposed 2 pole 3,000 lb boat lift for boats 14 to 18 foot long. Pilings will be attached to main pier and will be 10" minimum diameter driven into substrate a minimum of 8 feet Scale: P= 61 i� I II Ti I►(�i114 111. �I I t 1 I ..AI 1 ►a��1 if _ HI 1 ! �T— = I: OX.LII 1 rr111L� 'llt�t1j lr�lrTGl(�gr� i��l� t j ` � ~� �L+r!� l r��cwtsl_jl asl�f I _ � —V. tU�-l� t �1�1� ilt t �,�;r..:l� ' ��" �1,� ►�I�b.t? .� m�g� =LII - '1�i1�L_Sl�l�t�' t1�_ - .�ti"�ri- 111;I -u�itl��►� r �� ra U Ll 1 ,! 111 171 ilr =-lrl t_ J[` 11� 11 uI,Il UlP► �.nr Ali' u�= ►i►_ r �- -u� ui= y►r_1`t► ul /_1ir_ul —,rr i►,��� f= Aj'= �L1fi=►�►= ,I� Existing vinyl bulkhead .0 1111 11 U —I ll(lll►l U11 iA �� rTr i Depths taken from soundings Vicinity map +-r II II �I r i NLW '1 r T�t r t ;i! � 1171 t�h g UL= r( I�u /lr ILr I(t lu'rtf �Ir Ir �I li nl a T _ apt xlll�l�l rlljrl frl '1! g =lir Tu I rt 11C!ll rrl�rrr =rl1��17� 111 _lll= n' NLW (Normal Low Water) line taken from measurements taken averaged from 5 days in early June, at low tide Date: July 22th, 2013 Page Oof 0 % Name of Project: Jake Taylor Residential Pier at 213 Smith Street, Atlantic Beach Applicant: William Jake Taylor Scale: I"= 20' Location of Proposed Pier Existing Pier Bouge Sound Riparian lines 3 Width of water body : 206' .1 i '1 1 1 v i �j William Coley (lot #33) 209 Smith Street 1 1 1 / William Jake Taylor (lot # 35) Kirby Marshburn 213 Smith Street (lot #36) 215 Smith Street I 1 r� 1� Hilda Creru„ (lot #37) 217 Smith Street Date: July 22th, 2013 N ----> Page Wof 0 ? Name of Project: Jake Taylor Residential Pier' at 213'Smith Street, Atlantic Beach'' Applicant: William Jake Taylor Scale: F'= 6' Location of Existing Pier with Boat lift (Profile Drawing) Existing boat lift pilings (deteriorated and need replacing) I�► .III ��I �' r � ��,, _.. � ' . �.r•� t '3'1,+ --pl =rf1 .- r n1= Til'= IN V 111 i e5 lf l; r lr! 111111 nr:= ,-ul -II/ FIJI ITr /lr = 111 �l,,�In, Sri/ /fir , !1/ =llr- 1/r m� r1 Existing vinyl bulkhead Depths taken from soundings NLW (Normal Low Water) line taken from measurements at low tide averaged from 5 days in early June Vicinity Map :I p 1 97 r' NLW _ IT(' -7- 1 ,-%rl J u 's(/( „r 16 ISS 3 r! inc r. `7i - Date: July, 22th, 2013% , Page 2 of ? 9 Name of Project: Jake Taylor Residential Pier at 213 Smith Street, Atlantic Beach Applicant: William Jake Taylor Scale: P= 6' Plan Drawing of Existing Pier Calculations: Pier: 216.58 Sq ft Finger Pier (deck): 203.01 sq ft Total: 419.59 sq feet Vicinity Map U 0 {+L n( 0 ;l At a Nl Nc c el 4' 37S-' 11� �t1 ni t1 { 1x ^_ ,J$ Date: July 22th, 2013 Pago$ of,;q I 4a . .j NORTH CAROLINA, CARTERET COUNTY Ttlb Ingnanerq and Mb aeraate are duly at an ttn Mt pope he I Book and Pape 1 IN I 14 �eN xE161SIRR110N REGISTER % ULLM Carl.rrat Lawrence " Jule 06, 2013 12.2:51 NC BWC DEED 2 P ►EE sm oG WC REVENUE STIR 50 00 FILE 1144921 Excise Tax * 4 S01 cr1 Recording Time. Book and Page Tax Lot No. 637512973143000 (split out) Parcel Identifier No. Verifiedby ................................. ............................... County on the . ... ........ dayof......... .... by ...................... ............................... ....................................................... ............................... Mau after reeordhrg to George N. Hamrick, 7048 Knightdale Blvd., Ste. 200 Knightdale, NC 27545 V This h&wument was prepared by George N. Hamrick Brief doscrodon for the Index .....................20 .. ... NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 4th day of June, 2013, by and between GRANTOR Kirby L. Marshburn, Trustee of the Kirby L. Marshburn Revocable Trust u/a December 15, 2009 and Teresa P. Marshburn, Trustee of the Teresa P. Marshburn Revocable Trust u/a December 15, 2009 GRANTEE William Jake Taylor, Jr. and wife, Lisa P. Taylor 2801 Sandia Drive Raleigh, NC 27607 • Enter in appropriate block for each party: name, address, end, if appropriate, character of entity, e.g. corporation or partnership. e' The designations Grantor and Grantee as used herein shall include said parties, their helm, successors, and assigns, and shall include singular, plural, maswline, femmine, or neuter as required by context. WI MES4ETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acimowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee, in fee simple, all that certain lot or parcel of land situated in the City of Township, Carteret County, North Carolina, and mom particularly described as follows: BEING all of that part of Lot 34 as is combined with Lot 35 on map recorded in Map Book 32, Page 355, Carteret County Registry. All or a portion of the property herein conveyed does not include the primary residence of a Grantor. 600K -1— PAGE -2a D rf noto I I The property herainabove described was acquired by Grantor by instruments recorded in Book 1337, Page 19, Carteret County Registry. A map showing the above-described property is recorded in Map Book 32, Page 355, Carteret County Registry. See also map recorded in Map Book 7, Pegs 43, Carteret County Registry. TO HAVEAND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto, belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: (1) Easements and other matters as may be shown on recorded maps. (2) Restrictive covenants recorded in Book 303, Page 286, Carteret County Registry. (3) 2013 property taxes (not yet due and payable). IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (SEAL) L. Marshburn, Trustee of the by L. Marshburn Revocable Trust u/a December 15, 2009 / I (SEAL) Teresa P. Marshburn, Trustee of the Teresa P. Marshburn Revocable Trust u/a December 15, 2009 SEAL.STAW State of North Carolina, County of MeLAfRp''�., �; "' "• '•, 1, a Notary Public of the County and State aforesaid, certify that Kirby L. ' •�� : % Marshburn, Trustee of the Kirby L. Marshburn Revocable Trust r✓a December ,`P,AY v 15,1009 and Teresa A Marshburn, Trustee of the Teresa P. Marshburn 2 Q t Z = o. 2 Revocable Trust u/a December IS, 1009, Grantor, personally appeared before me 01 v�U� this day and acknowledged the execution of the foregoing instrument. % �., PO � ,.OJ,�: ...... • '� G MMES4 my hand and official stamp or seal this day of June, 2013. O .• '/NSTON %% My Commission Expires: 4ftbi. otary BOOK 12 q PAGE,aa x 0 z tfDa.P �O 0 J� V 0 0 , 009" i 4 Q V m 31 36 d713 OOSF t OISACi I \711i.49SF t onacr L NOTES, �-34 NOTE I -LOT 34 TO BE RECOMBINED WITH 'aq, SEE NOTE 1 LOT 35 AND 36 33 tt P1111roeCINTRUPO1 fX/SII ACCZfRgy 4.W6t ftwlam IMr fmpu, a0ontmhKml Lt1mum"weR ma flow SYMSA*710' ACr11LL fPKtIMtE a/M!f lLl Ilrll�rMCIP16itIP IMr Mlmwalmmmo LAwa At LP�IwaKPme Ntal�. IlPr PB NrteIIBJI[aNiflmYLF r•ItGi ArdlwM M .PmMPitl. artNt. 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MW Or Ar1ARrIC SEAM. AWWA 7Pe HIP CA TUR Cacm. P.C. X" 1' -20' IQ 40 W l r- cb Is. r- rb v v