20191237 Ver 1_DCM Correspondence_20200824

Strickland, Bev
From: Mairs, Robb L
Sent: Monday, August 24, 2020 1:38 PM
To: Snider, Holley
Subject: FW: Batts Properties, Inc. C/o Stephen Batts - CAMA Major 90-19
Attachments: 20200811_134744jpg; 20200811_134750jpg; 2019-1237_batts properties_pender co.
nov. 2019.docx.pdf
Fyi. We issued this under the attached PDF.
From: Dail, Jason
Sent: Monday, August 24, 2020 1:07 PM
To: Weychert, Curtis R <[e-mail]>
Cc: Sarah. [e-mail]; Dunn, Maria T. <[e-mail]>; Deaton, Anne
<[e-mail]>; Snider, Holley <[e-mail]>; Humphrey, Jeremy
<[e-mail]>; MacPherson, Tara <[e-mail]>; Mairs, Robb L
<[e-mail]>
Subject: Batts Properties, Inc. C/o Stephen Batts - CAMA Major 90-19
Good afternoon ladies and gentlemen.
As you may be aware, on November 18, 2019, CAMA Major Permit 90-19 was issued to Batts Properties, Inc. for
construction of a commercial docking facility at 602 Roland Avenue, in Surf City, NC. According to the CAMA major
permit application and site plan drawings, a 4' x 188' shore parallel elevated fixed walkway was authorized as well as the
construction of six, 3' x 7' finger piers, resulting in the creation of a six (6) slip docking facility. This facility was to be used
for transient dockage associated with "The Bistro" in Surf City.
While performing routine site visits on August 11, 2020, 1 discovered the permittee, his agent and/or contractor, had
installed an approximate 4' x 180' section of floating dock in the general footprint where the fixed walkway was
approved (see attached photos from my 8/11/20 site visit). To my knowledge, at no time has DCM been contacted
concerning a permit modification request and refinement to the permit to allow for the conversion of a fixed walkway to
a floating dock. During the on -site visit on August 11, 2020, 1 met with the property owners agent (JM Moseley) and was
told they thought the floating dock was approved. I suggested at that time, they stop work and let me confer with the
other resource agencies to see whether or not restoration would be required before I responded.
Based on the drawings that were approved with the application package, it appears there is approximately 3.2'- 4.9' of
water (at low tide) along the run of the floating dock; however, I have not validated these depths in the field. My
question to you is... based on the revision to the construction plans, would your agency have opposition to conversion of
the authorized docking facility from a fixed structure to a floating structure? Your comments/response will determined
how we proceed with any potential restoration and/or enforcement action.
Please review this information and reply at your earliest convenience so we can determine the best way to move
forward.
If you have any questions or need any other information related to this project, please feel free to call or email.
Thank you,
Jason

Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone], Fax: [phone]
Jason. [e-mail]
-'I
*E-mail correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.

DocuSign Envelope ID: 5C4F63DC 45FB-4E40 9F5C D98AE71DDOD
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Batts Properties, Inc.
Attn.: Stephen Batts
110 W. Lake Ridge Road
Raeford, NC 28376
NORTH CAROLINA
Environmental Quality
November 7, 2019
DWR # 2019-1237
Pender County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
JM's on the Water (602 Roland Ave., Surf City)
Dear Mr. Batts:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application
request dated received by this office on September 16, 2019. DWR issues approval in the
form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and
General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal
Management issues it.
In accordance with the attached General Certification #4175 (GC 4175), the impacts
described in your application do not require written authorization to utilize GC 4175.
However, you are required to follow the conditions listed in the attached certification. You
should get or otherwise comply with any other federal, state and local requirements before
you go ahead with your project including (but not limited to) erosion and sediment control
regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B
by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.comor by calling the OAH Clerk's Office at [phone] for
information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
D E Qo-
A Nth Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
910.796.7215

DocuSign Envelope ID: 5C4FB3DC-45FB-4E40-9F5C-D98AE71DDOD2
The petition may be faxed to the OAH at [phone], provided the original and one copy
of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please
contact Robb Mairs at 910-796-7215 or [e-mail] if you have any questions
or concerns.
Sincerely,
DocuSigned by:
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E3ABA14AC7DC434...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office, EC
Liz Hair, USACE Wilmington Regulatory Field Office, EC
DWR 401 & Buffer Permitting Branch file-LF

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