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HomeMy WebLinkAbout20201358 Ver 1_CAMA Application_20210202DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Bayshore Nine, LLC c/o Coastal Planning Services, INC. 2. LOCATION OF PROJECT SITE: 304 Bayshore Drive, Carteret County. Longitude: 34°43'21 Latitude: 76°45'23 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—12/22/2020 Was Applicant Present — No Photos Taken — no 5. PROCESSING PROCEDURE: Application Received: Officially Submitted: 12/9/2020 Complete—12/9/2020 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Cape Carteret- Certified 2007 Land Classification from LUP — Residential/Conservation (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private, non-commercial (E) Wastewater Treatment: Existing — none Planned - None (F) Type of Structures: Existing -- boat ramp with pier, bulkhead, existing wood dock and concrete pier Planned -five slip docking facility with five boatlifts (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow bottom N/A NIA 1,695shaded, 3690 Inc. (D) Total Area Disturbed 1695 ft2 (E) Primary Nursery Area: No (F) Water Classification: ORW/SA Open: No 8. Project Summary: The proposed project is for the construction of a five slip private docking facility within an existing basin. 9. Narrative Descri lion: The Bayshore Nine, LLC project is located at 308 Bayshore Drive within Cape Carteret, Carteret County. The site is found by following Highway 24 (WB Mclean Drive) from the 4 way EI/Hwy58/RWY 24/Cedar Point intersection towards Cape Carteret, Carteret County. Turn right onto Bayshore Drive and follow to the end. The property is located on the right. Field Investigation Report Bayshore Nine, LLC 308 Bayshore Drive Page 2 of 3 The Bayshore Nine, LLC properly is .99 acres (43,163sf) in its entirety and 2' above nhw and has an existing excavated high ground basin that connects to Bogue Sound. The upland vegetation mainly consists of lawn grasses. There are tidal and transitional wetlands along the west side and south side of the property and consist of Spartina alterniflora, Spartina patens and non -coastal wetlands. The Division of Water Resources classifies this area as ORW/SA Waters. This area of Bogue Sound is not designated as a Primary Nursery Area and is closed to the taking of shellfish. The Cape Carteret Land Use Plan classifies this area as Residential with Conservation within the AECs. Water depths within this project location are -3 feet nlw/mlw to -6' nlw/mlw (field verified), depending on location. The bottom substrate is sand and there are 2 SAV beds (verified by Southern Environmental Group) located along the east side of the proposed docking facility. The width of the waterbody within this location is approximately 770 feet. 10) Proposed Development. The applicants are proposing the construction of a five slip docking facility with finger piers, boatlifts within the proposed slips and a platform to serve runabout sized boats. The applicant is proposing to construct a five -slip docking facility. It would be located approximately 75' to the west of the eastern riparian access line and not extend south more than 190' into Bogue Sound from normal high water. The width of the pier would be 6' wide and would extend from the existing basin south for 175'. It would intersect a 15' x 20' L-head platform. There would be five slips with 13' x 13' boatlifts as well as three 4.6' x 25' finger piers. The slips with boatlifts and finger piers would be located along the south west side of the proposed pier and L-head platform. The finger piers would be located along the north side of slip 1, in between slips 2 and 3 as well as between slips 4 and 5. Water depths along the slip areas range from -3' nlw to -6' nlw depending on location. 11. Anticipated Im acts: The proposed development would shade and incorporate 3,100 ftz of open water. Because all proposed development is located within the existing pier head lengths as well as landward approximately 30' of the existing channel, there would be no navigation obstruction_ Maintenance excavation would be needed periodically to maintain water depths. There would be no impacts to adjacent SAVs. Name: Heather M. Styron Date: 1/28/2021 Office: Morehead City MAJOR PERMIT FEE MATRIX Applicant: l 44wr4 jilt LL C_ Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (243001602 435100095 2341) I. Private, non-commerc4 development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: 11. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major oermit Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, 8, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied: III(8). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a vatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($2E) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: Kathy Vinson From: laserfiche@ncdenr.gov Sent: Sunday, November 01, 2020 1.2:01 AM To: kbvinson@ec.rr.com Cc: holley.snider@ncdenr.gov Subject: Pre -Filing Meeting is not needed for Bayshore Nine Dock with Boat Slips - 20201358 Ver 1 The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Bayshore Nine Dock with Boat Slips that you submitted on 10/112020 1:58 PM. The ID number for that project is 20201358, Version 1. It has been decided that no meeting is needed for this project. Project file link: lit tps://edocs.dey.nc.asp�`?dbid=0&startid=131 �_'76 When you submit your application please upload a copy of the attached document in this email. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored. AVG. This email has been checked for viruses by AVG antivirus software. www.av .corm I COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City, NC 28557 December 9, 2020 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application Bayshore Nine, LLC 304 Bayshore Drive Cape Carteret, North Carolina Dear Heather: Office 252.354.491.E Fax 252.247.5875 Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of Bayshore Nine, LLC for improvements to their property located at 304 Bayshore Drive in Cape Carteret. The applicants propose to construct a new dock containing five boat slips with lifts, finger piers, and a new platform. Coastal Planning Services, Inc. check #1318 in the amount of $250.00 for the permit application fee is also enclosed. The adjacent riparian neighbors have been notified of the project plans by certified mail. Green card return receipts will be submitted to you as soon as they are returned by the Post Office. I will provide the additional required large -format copies once your review is complete. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. I look forward to working with you on this project. Sincerely, h U Kathy B. Vinson, A1CP Enclosures Ck4-l3,S RECEIVED DEC 4 9 2020 DCM-MMD CITY Major CAMA Permit Application Bayshore Nine, LLC 304 Bayshore Drive Cape Carteret, North Carolina December 2020 Kathy B. Vinson, AICP Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 Telephone 252-240-9297 kbvinson ec.rr.com coastalplanningservices@gmail.com Table of Contents Bayshore Nine, LLC Major CAMA Permit Application December 2020 Contents Application Documents DCM MP —1 Application DCM MP — 4 Structures Project Narrative Introduction Site Description Project Description Project Plans Sheet 1 of 1 Authorized Agent Letter Property Deed Clean Water Act Section 410 Certification Rule Pre -Filing Meeting Request Notices to Adjacent Riparian Property Owners Town of Cape Carteret South by West, LLC OON MP i APPLICATION for Major Development Permit (last revised 12127t06) North Carolina DIVISION OF COASTAL MANAGEMENT ?. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Bayshore Nine, Lic Bayshore Nine Dock with Boatslips Applicant 1: First Name MI Last Name Charles A Umstead Applicant 2: First Name MI Last Name n/a n/a n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 104 Poplar Ridge Drive n/a Goldsboro NC ZIP Country Phone No. FAX No. 27534 USA 919 - 739 - 4455 ext. n/a n/a - - Street Address (if different from above) City State ZIP n/a N/A n/a nla- Email Chuck@premiercarpets.com 2. Agent/Contractor Information Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B Vinson Agent/ Contractor 2: First Name MI Last Name n/a nla nla Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No, 1 Phone No. 2 28557 252 - 240 - 9297 ext. n/a 252 - 354 - 4916 ext. nla FAX No. Contractor # 252 247 5875 n/a Street Address (if different from above) City State ZIP nla NIA n/a n/a - Email kbvinson@ec.rr.com <Form continues on back> 252-4308-2808 , 1-8i38-4RCOAST ,. www.nccoastaiiiiattagQmet-tt.,I �'t Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 304 Bayshore Drive nla Subdivision Name City State Zip n/a Cape Carteret NC 28584 - Phone No. Lot No-(s) (if many, attach additional page with list) nla - - ext. nla nfa, , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound 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 Bogue 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. Town of Cape Carteret 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq,ft.) 382.45 43,163 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or nla I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) +2' ®NHW or ❑NWL e. Vegetation on tract Lawn grass and wetland vegetation f. Man-made features and uses now on tract Concrete boat ramp, asphalt driveway, bulkhead, one concrete pier, two wooden docks- one with gangway and floater. g. Identify and describe the existing land uses ad_ lacent to the proposed project site. Municipal street and wooden dock to the east, residential to the west h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-10 Single Family Residential {Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. 1s the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? nla 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 pages 252-SD8-284$ 1.888-4RCt?AST ., www.ttccoastatm i3<4leme>>t.a;e: Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? [-]Yes ®No (Attach documentation, ff available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment ®PrivateiCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Docking facility will provide water/boating access for owners and guests. 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. One barge with pile -driving equipment stored in deep water will be used for construction of the dock. All construction activities will occur during periods of water depths sufficient to avoid barge from resting on or disturbing bottom. d. List all development activities you propose. Construction of one pier with five boatslips with lifts, finger piers, and platform e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? none ❑sq.Ft or ❑Acres 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? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow runoff to Bogue Sound L 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. <Forrn continues on back> 252-808-2808 1-888-4t2CQAST WWIN.liccoastaimatiagemeijt.0et Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed_ c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 Cape Carteret Phone No. 252-393-8483 Address 102 Dolphin Street, Cape Carteret, NC 28584 Name South by West, LLC Phone No. 252-393-6732 Address 409 Anita Forte Drive, Cape Carteret, NC 28584 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA GP 56812, John McLean, 9/13/2010 CAMA GP 63374, McLean Holding, LLC, 3/13/2014 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _12/8/2020 Print Name ,Kathy B.Vins%on, agent Signature �.JJ Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 52-808-2SiT8 1-888-4RCOAST < wwtar.nrcoastalmanagernent.net 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 a. (i) Is the docking facilitylmarina: ❑Commercial ❑Public/Government NPrivatelCommunity ❑ This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes: (ii) Length 175' (ii) Number 3 (iv) Width 6' (iii) Length 25' (v) Floating ❑Yes ®No (iv) Width 4=6' (v) Floating []Yes ®No e. (i) Are Platforms included? ®Yes ❑No f. W Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number 1_proposed, 3 existing (see proiect plans and (ii) Number 5 narrative for existing dimensions & square footage) (iii) Length 12.5' (ii) Length 15' (iv) Width 12.5' (lv) Width 20' (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. 5 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 5 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: one existing ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel [Dopen water; no dredging required []Other; please describe: k. Typical boat length: 25' or less i. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout I. (i) Will the facility be open to the general public? 2352-808-2808 --: 1-388-4RCOAST :: war►rw.ncconstaIm n@gerl ent.net revised; 12127/06 cte�= �q..a : 2. m- (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of fie pilings? nla ❑Yes ®No 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 Ayoilets for patrons; Number ; Location.- 6V P,S1 �p Showers P❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater, none c. Describe the disposal of solid waste, fish offai and trash. trash receptacles located on highground d. How will overboard discharge of sewage from boats be controlled? none allowed e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. one on dock (ii) Give the location and number of "Pumpout Available" signs proposed. n/a f_ Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? n/a h• Give the number of channel markers and "No Wake" signs proposed. none i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Not allowed k. Describe design measures that promote boat basin flushing? n/a F;D, i7l, B I M f f- r: LM,CiIIre S, -na9e 3 biz 4 I. If this project is an expansion of an existing marina, what types of services are currently provided? not an existing marina m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ®Yes []No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. NCW 72 sf shaded ®SAV none er SEGi SAV survey ®SB ApproximateApproximateN 120 sf of intermittent and scattered oysters shaded by proposed dock near shore - OWL nla ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. nla 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a- Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PubliGGovemment ❑PrivatelCommunity G. Distance to be placed beyond shoreline Note_ This should he measured from marsh edge, if present. ®This section not applicable b- Number d. Description of buoy (color, inscription, size, anchor, etc.) ` e. Arc of the swing 7. GENERAL a. Proximity of structures) to adjacent riparian property lines 78' to the east, 105' to the west Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 770' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. nia b. Proximity of structure(s) to adjacent docking facilities. 365' to the east, 310' to the west d. Water depth at waterward end of structure at NLW or NWL -T to -6' NLW B. OTHER ®This section not applicable a. Give complete description: 12/8/2020 Date Bayshore Nine mock with Boatslips Project Name Bayshore Nine, LLC Applicant Name App cant Sig tune Bayshore Nine, LLC Dock with Boat Slips Project Narrative Introduction Bayshore Nine, LLC is the owner of property located adjacent Bogue Sound at 304 Bayshore Drive in Cape Carteret. The riparian corridor of the property includes a portion of a highground basin and contains an existing concrete boat ramp, bulkhead, concrete pier, and two wooden piers. An asphalt driveway on the applicant's property connects the boat ramp to Bayshore Drive. The owners desire to build a new dock extending into Bogue Sound with boat slips and lifts, finger piers, and a platform. The proposed dock will connect to the existing concrete Pier located south of the existing boat ramp. Site Description The project site consists of 43,163 square feet (0.991 acres). The existing highground basin is shared by the adjacent riparian property to the west, owned by South by West, LLC. The adjacent property owner to the east is the Town of Cape Carteret (Bayshore Drive). The municipal street- end contains a wooden pedestrian pier extending into Bogue Sound. The shoreline of the property measures 382 linear feet. Bogue Sound is 770 feet wide at the narrowest point adjacent the project site. The Town of Cape Carteret zones the project site as R-10 Single -Family Residential. Surrounding areas, including parcels immediately to the north of the site, contain single-family residences. Residences in the project area are served by individual septic systems, with drinking water provided by West Carteret Water Corporation. The highground portion of the parcel is vegetated with lawn grass. Coastal wetlands border sections of the highground basin. Submerged aquatic vegetation (SAV) is frequently found in this area of western Bogue Sound as shown on historical SAV mapping maintained by the NC Division of Marine Fisheries. In addition to onsite inspection of the project area and riparian corridor by project engineers, an SAV survey and evaluation was obtained from Dana Lutheran of Southern Environmental Group, Inc. (SEGi) to assist in locating the proposed pier to avoid or minimize impacts to SAVs. Ms. Lutheran's SAV survey was performed on September 15, 2020. She identified two small SAV outcrops within the evaluation area as shown on project plans. However, neither of these outcrops is Bayshore Nine, LLC Major CAMA Permit Application December 8, 2020 Page 1 located within the footprint of the proposed docking facility. SAV Area #1 has sparse coverage, while SAV Area #2 is denser. Coordinates of the SAV outcrop locations have been imported into the topographic survey (from Lanier Surveying Company) and project plans. As shown on the plans, low water depths at the locations of the SAV outcrops range from slightly less than -2 feet normal low water (NLW) to no more than -3 feet NLW. SEGi found no SAV within the footprint of the proposed docking facility or outside the areas shown on project plans. The SEGi evaluation also identified oysters near shore and marsh areas. The oysters were found to be intermittent and scattered and became more so when proceeding to deeper water. Project Description The proposed pier will incorporate five formalized boat slips with lifts, three finger piers, and a platform as shown on project plans. Electric and water connections to service the lifts and boat slips are also proposed. The docking facility will be for the use of the owners and their guests. No highground work or disturbance is proposed as part of the project. Dredging is not required as water depths at the proposed boat slip locations measure -3' NLW or deeper. The riparian corridor for the project site was determined through consultation with staff of the Division of Coastal Management who provided a riparian line allocation on January 14, 2020. The project planner worked with staff of the Division of Coastal Management, Division of Marine Fisheries (including the Shellfish Sanitation and Recreational Water Quality Section and the Habitat and Enhancement Section), and the Division of Water Resources, as well as the Town of Cape Carteret to design the project in compliance with applicable rules of these agencies. Final project plans incorporate measures to avoid or minimize impacts to resources including submerged aquatic vegetation (SAV), shellfish and shellfish harvesting waters, as well as meet CAMA and Town requirements for docking facilities. The proposed docking facility with boat slips has been located as far west as possible to avoid or minimize impacts to submerged aquatic vegetation (SAV) based on the SAV survey conducted by Southern Environmental Group, Inc. on September 15, 2020 and remain within the one -quarter water body distance as required by LAMA. In order to avoid an additional closure of shellfishing waters the proposed boat slips have been located a minimum of 100' from existing boat slips in the basin and located along an existing bulkhead within the basin (as determined by the Shellfish Sanitation & Recreational Water Quality 5ection). Impacts to coastal wetlands and shellfish have also been limited by the project design. The project engineer has calculated that approximately 72 square feet of coastal wetlands located adjacent the existing concrete pier will be shaded by the proposed docking facility. The engineer also calculated that Bayshore Nine, LLC Major CAMA Permit Application December 8, 2020 Page 2 approximately 120 square feet of shallow water containing scattered oysters will be shaded by the proposed dock. Concerns regarding prop scarring associated with the boat slips should be alleviated due to low water depths being deeper than -2' NLW (ranging from -3' to -6' NLW) under the slips. The owners propose implementing Best Management Practices (BMPs) to further reduce the potential for shading or other impacts on any SAVs from the docking facility. The BMPs include the following measures: • Installing pilings by driving (not jetting) • Spacing pier pilings a minimum of 10' on -center (other than finger piers and terminal instances with dimensions <10') + Conducting all construction activities during periods of water depths sufficient to avoid barge or other workboat from resting on or disturbing the bottom • Installing railings on proposed pier to prohibit boat docking in other than designated slip locations • Using slotted precast concrete pier panel decking (hog slat) • Elevating the pier a minimum of 5' above Normal High Water (NHW) and stepping down finger piers no lower than +2.5' above NHW The proposed pier will measure 175' in length and 6'in width. The 6' width is necessary to safely load and unload passengers, fishing gear, coolers and other equipment used in boating and fishing activities. The length of the proposed pier (175') is less than one-fourth the 770' waterbody width of Bogue Sound at the project site (770 _ 4 = 192.5). Three finger piers measuring 25' in length by 4.6' in width are also proposed. Five boatlifts measuring 12.5' x 12.5' for installation in each of the boat slips to be located alongside the finger piers are also proposed. One new platform is proposed for the waterward end of the dock, measuring 15' x 20'. The pier, finger piers, and platform will be constructed of slotted precast concrete decking. LAMA minimum use standards allow up to 8 square feet of shaded impact or platform area for docking facilities per linear foot of shoreline with a maximum of 2,000 square feet of platform allowed. The calculation of shaded area excludes the pier and uncovered open water slips. The shoreline of the Bayshore Nine, LLC property measures 382.45 linear feet. This shoreline length allows up to 2,000 square feet of platform_ Bayshore Nine, LLC Major CAMA Permit Application December 8, 2020 Page 3 Existing platform area for this project is calculated to be 673 square feet. It is based on the square footage of the existing piers in the applicant's riparian corridor as shown below: Existing Platform Area Northernmost wooden dock =257 sf Wooden dock with floater = 215 sf (dock section connected to land =107 sf, gangway=18 sf, floater=90sf) Concrete pier = 201sf Total existing platform area = 673 sf New platform area for the docking facility is calculated to be 637.5 square feet as shown below: New Platform Area 3 finger piers (4.5'x25'x3) = 337.5 sf Platform 15'x 20'= 300 sf Total new platform area = 637.5 sf Total proposed platform area for this project measures 1310.5 square feet, which is within the allowable platform area of 2,000 square feet for the project site: Total Platform Area Existing Platform Area = 673 sf New Platform Area = 637.5 sf Total proposed platform area = 1,310.5 sf The proposed docking facility will be located 78' from the adjacent riparian property to the east and 105' from the adjacent riparian property to the west. It will be located 365' from the adjacent docking facility to the east and 310' from the adjacent docking facility to the west. The Town of Cape Carteret will require compliance with the Waterways Ordinance for construction of the docking facility. The Town implements the requirements through the local zoning permit application process. The zoning permit can be submitted and processed once a CAMA permit for the project has been issued. In compliance with the Clean Water Act Section 401 Certification Rule, a Pre -Fling Meeting Request for this project was submitted to the NC Division of Water Resources (DWR) on October 1, 2020.On November 1, 2020 DWR responded that no meeting was required for this project (ID number 20201358, Version 1). Copies of the DWR Pre -Filing Meeting Request Form and notification are included with this application package. Bayshore Nine, LLC Major CAMA Permit Application December 8, 2020 Page 4 NORTH CAROLINA Environmental Qualth February 2, 2021 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregq.bodnar(a_NCDENR.gov SUBJECT: CAMA / Dredge and Fill Application Review Applicant: Bayshore Nine, LLC Project Location: Cape Carteret, Carteret County Proposed Project: Five slip private docking facility ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre_qq Bodnar at the address above by February 23, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. 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. PRINT NAME AGENCY SIGNATURE DATE 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC August 24, 2017 1:00.20 PM DEED # Pages: 3 Fee:S26.00 NC Revenue Stamp:$$640.00 FILE # 1585208 1 "/ 4, /� NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $640.00 Parcel Identifier No. 53 84.11.66.27.5 1000 Verified by County on the day of , 20 By: Mail/Box to: John E Tantum PA 604-C Cedar Point Blvd Cedar Point NC 28584 This instrument was prepared by: John L T n t A 6 4-C Cedar Point Bfvd Cedar Paint. NC 28584 Brief description for the Index: LOT TRACT 3 OLD FERRY LANDING THIS DEED made this 24th day of Au ust , 2017 , by and between Lit{A1NTOK JOHN P. MCLEAN and wife CAROL K. MCLEAN 403 SOUNDVIEW COURT CAPE CARTERET, NC 28584 GRANTEE BAYSHORE NINE, LLC 104 POPLAR RIDGE DRIVE GOLDSBORO, NC 27534 Enter inappropriate block for each Grantor and Grantee: name, mailing address, and, i€appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include sin gular, Plural, masculine, feminine or neuter as required by context. 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 grant, bargain, sell and convey unto the Grantee in fee simple„ all that certain lot, parcel of land or condominium unit situated in the City of CAPE CARTERET )MTE OAK Township, CARTERET Coun North Carolina and more particularly described as follows: ty' SEE EXHIBIT "A" ATTACHED Submitted electronically by "John E. Tantum, pA" in rth andcthe7iance terms ofttheosubmitterina agreementEwithvtheiCarteretdCountyble nRegister of Deeds. The property hereinabove described was acquired by Grantor by instni meat recorded in Book 1083 page 3 All or a portion of the property herein conveyed _ includes or 7{ does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 5 page 65 Page 1 of 2 A'C Bar Association Form No. 3 01976. Revised C 1977. 2002, 2013 Printed by Agreemem with the NC Bar Association -1981 This standard form has been approved by. North Carolina liar Association -NC Bar Form No. 3 E UQUAWO TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor Shrill Warrant and defend the title against the lawful claims of all persons WhonnSoever, other than the following exceptions: Restrictive covenants recorded in Book 178, Page 42, and Book 179, Page 184, CARTERET County Registry. Easements and Restrictions of record. IN WITNESS WHEREOF, the Grantor Im duly executed the foregoing as cif the day and year frst above written. By: {Entity Name} PrinVrype Name & Title: By: PrinVFype Name & Title: (SEAL) Print/Type Name: By: Print/Type Name & Title: Print/Type Name: State of North Carolina - County or City of CARTERET I, tine undersigned Notary Public of the County or City of and State aforesaid, certify that JOHN P. MCL.EAN and CAROL K. MCLEAN personally appeared before me this day and acknowledged thedue, execution of the foregoing instrument for the purposes therein expressed. witness my hand and Notarial stamp or seal this 24t11 day o f August 20 17 ,,�til ►�erffir AZ01, i tExp %January 19, 2418 I LIZM. EAGtiN([�fj'�.. tary Public _ Notary's Printed or Typed Name bF— - county or City of `O Notary Public of the County or City of and State aforesaid, certify that �`--- ersonall p Y a Ppeared before me this day and acknowledged the due ng instrument for the proposes therein expressed. Witness my hand and Notarial stamp or seal this day of —, 20 My Commission Expires: (Affix Seat) Notary's Printed or Typed Name Notary Public State of - County or City of 1, the undersigned Notary Public of the County or City of _ and State aforesaid, certify that Personally came before me this clay and acknowledged that _he is the of . a Arorth Carolina or corporatioa/iin-tited liability company/general partnersfdp/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of My Commission Expires: (Affix Seal) NC Bar Association Form No. 3 (D 076, Revised io 1977, 2002. 2013 Page 2 of 2 Printed by Agreement "Ath the AC Bar Association — 1921 Notary's Printed or Typed Name Notary Public This slandard form has been approved by; 1Yonh Carolina Bar Association — 114C Bar pOTM NO.3 f VOvz-vo EXHIBIT A Beginning at apo;nt In the west right•of-vray lino of Bayshore Driye, the southeast comer of Lot 6, BLOCK L, MAP S1fMMO SECTION NO.1, BAYSHORE PARK, of record in Map Book 5, page 65, Carteret County Registry, and runoiog theaee from said point of beginning S. 16-16- 00 W. 327.05 feet to a point iu the highwater mark of Bague Sound; running thence: along said highwatermukN.71-41-39W.70.66feet; S.71-34-21 W.49.26feet; If. 19-41-19W.IM4 feet; N. t I.09.18 E, 35.83 fact; N. N-38-55 1V. 7.86 f:ct; N. 11-34-05 B. 48,19 feat; N. 17-32- 36 E. 33,01 foot, N. 12-25-45 E: 18.32 feet; N. 01-18.30 E. 15,47 feet; sN. 04-2548 E. 15.02 feet; N. 21-50-31 E. 22.38 feel; N. 04.02-17 C, 86,15 fact; running thenca along the highwater marl[, a generally southwesterly course to a point Formed by a southwardly exleaslon of the cast he of Lot 3,11LOCK L, to the highwater mark of Bogue Sound; runrting thence N. 16.16.00 E. 61.55 feet and run ing theocc �. 73.4400 E. 150.00 feet to the point of begiruvng, all as shoym on that survey entitled "Sketch of the W.B. McLean Estate Property at Old Ferry Landing, Cape Cartsrei", bearing date May i3, 1988, updatod March 10,1989, updated January 22,1990. There is also conyeyed A bottom land from an extension of the westmosi property line (highwater mark) in a weslwardly direction to the ecntedlas of (he carnal. Grantors reserve for themselves, their heirs and assigns a perpetual easement for ingress, regress and off site nitrification field described as follows: Beginning at a point in the West 1i/W of Bayshore [)rive, Said beginning point is an iron pipe located S 16 16 W, 10.0 feet from the SE corner of Lot 6, Block L, Section 1 of Bayshore Park Subdivision, as shown on Map Book 5, Page 65, Carteret County Registry. Proceeding thence from said beginning point, N 73-44 W, 65.0 feet to a point thence S 16 -16 W, 32.0 feet to a point, thence S 73 -44 E, 65.0 feet to the West R/LV of Bayshore Drive, thence along the West R/W of Bayshore Orive, N 16 - 16 E to a concrete monument, 10.0 feet, thence continuing along the West R/W of Bayshore Drive, N 16. 16 IF to another concrete monument, 12.0 feet, thence continuing along the west R/W, N-16-16 E to the Iron pipe which marks the point of beginning, 10.0 feet. This description is provtded for a 12 foot by 55 foot nitrification field plus a tell foot area around said field for Ingress, egress and regress to provide for maintenance of the field mentioned above.