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HomeMy WebLinkAbout20210567 Ver 1_CAMA Application_20210311LMG LAND MANAGEMENT GROUP a DAVIEVI company Brad Connell Division of Coastal Management 400 Commerce Avenue Morehead City, N.C. 28557 Re: CAMA major permit application, proposed Jones family pier, 152 Shellbank Road, Newport, N.C. Dear Brad, On behalf of Wiley Jones, I am submitting a CAMA permit application for the construction of a private residential pier, platform and boatlift to be located at 152 Shell Bank Road within the Hardesty Farms subdivision on the Newport River. There is currently a single-family residence on the property. No upland development or new impervious surfaces are proposed. The proposed pier will extend 164' waterward from the outer edge of the existing coastal wetland fringe. The established pier length for this shoreline is 164'. A 13'x17' fixed platform will extend east from the end of the pier. Two 12'x12' sling type boatlifts will be placed along the western and eastern ends of the pier. One 8' x 20' floating dock is proposed on the northern portion of the platform with a 3' x 12' access ramp. The fixed pier will be constructed a minimum of 36" above the coastal wetland substrate as measured from the bottom of the decking as required. Our application materials reflect the water depths you had noted on site during our meeting on 7/14/20. We have also used the riparian corridor lines you have provided. As we have discussed previously, there is no deeper boat channel near the proposed pier. Water depths are consistently shallow hundreds of feet from shore. The waterbody width of the Newport River here is approximately 6,715'. No submerged aquatic vegetation (SAV) or oyster beds have been noted in the project area. The applicant proposes to use a sling type boatlift that does not feature a cradle that could impact the bottom. The flat lift straps fit snugly against the hull of a boat without protruding deeper into the water. This will allow for the applicant to launch and retrieve his boat for a longer portion of the tide cycle without impacting the bottom. In order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer corners of the structure. The adjacent riparian landowners have been notified and have indicated their non -objection to the project and waiver of the 15' riparian setbacks. Please contact me with any questions that you may have regarding this project. Thank you for your assistance. 1 www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Sincerely, Steve Morrison Environmental Consultant Encl: Application forms, drawings, deed copy, riparian notification forms, $250 application fee check to NCDEQ Cc: Wiley Jones www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Application for CAMA Major Development Permit For: Jones Family Pier Newport, Carteret County, North Carolina Prepared By: Land Management Group 3805 Wrightsville Avenue Wilmington, North Carolina February 2021 Contents 1. Form DCM-MP-1............................................................................. 2. Form DCM MP-4............................................................................. 3. DCM MP-1 Section 6.0 Additional Information .............................. 3.1 Section 6. a. Project Narrative ................................................ 3.1.1 Project Location and Existing Conditions ........................ 3.1.2 Proposed Action.............................................................. .................................................... 1 .................................................... 5 .................................................... 9 .................................................... 9 .................................................... 9 .................................................... 9 Appendices Appendix A — Site Location Map and Work Plats Appendix B — Agent Authorization, Deed, Previous Permits, and Adjacent Riparian Waivers Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 1. Form DCM-M P-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A Jones Family Pier Applicant 1: First Name MI Last Name Wiley n/a Jones Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 6619 Wheeler Drive Charlotte NC ZIP Country Phone No. FAX No. 28211 USA 704-336-8891 n/a Street Address (if different from above) City State ZIP 152 Shell Bank Road, Hardesty Farms Section 1 — Lot 17 Newport NC 28570 Email land. man(a)luno.com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Steve n/a Morrison Agent/ Contractor 2: First Name MI Last Name Greg n/a Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. n/a n/a ext. n/a FAX No. Contractor # 910-452-0060 n/a Street Address (if different from above) City State ZIP NA Email smorrison(a),Imgroup.net, gfinch(a),Imgroup.net Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 152 Shell Bank Road n/a Subdivision Name City State Zip Hardesty Farms Newport NC 28570 Phone No. Lot No.(s) (if many, attach additional page with list) n/a Lot 17 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Newport River 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 Newport River 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. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 78' @ NHW 0.42 +/- acres,—18,295 sf c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a NWL (normal water level) (if many lot sizes, please attach additional page with a list) 0-8' ®NHW or ❑NWL e. Vegetation on tract Lawn grasses, live oak, coastal wetland species. f. Man-made features and uses now on tract Single family residence. g. Identify and describe the existing land uses adiacent to the proposed project site. Single family residence and coastal marsh. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-15 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) Coastal Wetland and outer edge of marsh lines were determined by Land Management Group through site investigation and aerial photography. See Appendix A for details n. Describe existing wastewater treatment facilities. Onsite waste treatment o. Describe existing drinking water supply source. County water system p. Describe existing storm water management or treatment systems. Low density swales 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private pier, platform, and boat lift to allow water access to the Newport River. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Standard marine construction methods. Piling rig. No storage. d. List all development activities you propose. The applicant proposes installation of a fixed pier, platform, floating dock and two sling style boat lifts. The proposed pier will extend 164' waterward from the outer edge of the existing coastal wetland fringe. The established pier length for this shoreline is 164'. A 13'x17' fixed platform will extend east from the end of the pier. Two 12'x12' sling type boatlifts will be placed along the western and eastern ends of the pier. Due to water depths surrounding the proposed platform, the applicant proposes to use sling style boatlifts that do not feature a cradle that could impact the bottom. The flat lift straps fit snugly against the hull of a boat without protruding deeper into the water. This will allow for the applicant to launch and retrieve his boat for a longer portion of the tide cycle without impacting the bottom. One 8'x20' floating dock is proposed on the northern portion of the platform with a 3'x12' access ramp. The fixed pier will be constructed a minimum of 36" above the coastal wetland substrate as measured from the bottom of the decking as required. In order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer corners of the structure. There is no additional upland work proposed on the property. See Appendix A for details. 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? 0 ®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. 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 Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 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 Wiley and Olivia Jones Phone No. NA Address 6619 Wheeler Drive, Charlotte NC 28211 Name Shellbank, Inc. c/o Wiley Jones Phone No. NA Address 6619 Wheeler Drive, Charlotte NC 28211 Name Phone No. NA Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Stormwater permit SW8 880210, issued 3/11/88, John Carson 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: February 2021 Print Name: Steve Morrison, Agent, Land Management Group Signature Sieve F1*w404. 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 Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 4 2. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Comm unity c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 164' (iv) Width 5' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 2 (iii) Length 13'; 20 (iv) Width 17' ; 8 (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 0 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: 21' m. (i) Will the facility have tie pilings? ❑Yes ®No (ii) If yes number of tie pilings? Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina El This section not applicable b. (i) Will the facility be open to the general public? [-]Yes ®No d. (i) Are Finger Piers included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: Sling Style (ii) Number 2 (iii) Length 12' (iv) Width 12' 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 E Dockage ("wet slips") only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: E Other, please describe: no services, private pier only with 2 sling style boat lifts j. 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? ❑Yes ®No 5 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina X 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑ Private/Comm unity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community c• Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 7' to western riparian line, 4' to eastern riparian line Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body -6,715 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. Navigation aids will not be required, but in order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer corners of the structure. b. Proximity of structure(s) to adjacent docking facilities. n/a d. Water depth at waterward end of structure at NLW or NWL 17" 8. OTHER ❑This section not applicable a. Give complete description: February 2021 Date Jones Family Pier Project Name Wiley Jones Applicant Name 5.UV4e M�vvl: Agent, Land Management Group Applicant Signature Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 8 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is adjacent to the Newport River within the Hardesty Farms Subdivision (Lot 17) in Newport, Carteret County. There is a single-family residence currently located on the property. A Stormwater Permit #880210 was issued for Hardesty Farms in 1988. There are no other known permits associated with the property. There are no other piers or docking facilities currently located on the property. Normal High Water, Coastal Wetland, and outer edge of marsh lines were determined by Land Management Group through site investigation and aerial photography. See Appendix A for details. Waters in the project area are classified as SA HQW and are open to shellfishing. The area is not a primary nursery area. 3.1.2 Proposed Action The applicant proposes installation of a fixed pier, platform, floating dock and two sling style boat lifts. The proposed pier will extend 164' waterward from the outer edge of the existing coastal wetland fringe. The established pier length for this shoreline is 164'. A 13' x 17' fixed platform will extend east from the end of the pier. Two 12' x 12' sling type boatlifts will be placed along the western and eastern ends of the pier. Due to water depths surrounding the proposed platform, the applicant proposes to use sling style boatlifts that do not feature a cradle that could impact the bottom. The flat lift straps fit snugly against the hull of a boat without protruding deeper into the water. This will allow for the applicant to launch and retrieve his boat for a longer portion of the tide cycle without impacting the bottom. One 8' x 20' floating dock is proposed on the northern portion of the platform with a 3' x 12' access ramp. The fixed pier will be constructed a minimum of 36" above the coastal wetland substrate as measured from the bottom of the decking as required. In order to enhance pier visibility for passing boats, the applicant proposes the placement of reflectors on the outer corners of the structure. There is no additional upland work proposed on the property. See Appendix A for details. A scoping meeting was held at which Ms. Holly Snider of DWR was present. The date of the scoping meeting was December 11, 2020 and this project was discussed. This meeting met the requirements for requesting a pre -filing meeting under 40 CFR Part 121 for 401 Certifications in accordance with the Federal Clean Water Act. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Application for Major Development Permit — February 2021 Jones Family Pier Newport, Carteret County, North Carolina 9 Appendix A — Site Location Map and Work Plats 75' AEC Line Alici J. Casey etal Jon s Trust Wiley W. Jones Jr. etal Jon s Trust Mario A. To , etux Yvonne M.\Torres 13' x 17' Platform 711 , o" 8" jr� n 2�1rr %1" o`2 m�4rr 13" 17" 0)3 m� 53 � n r 2m Zm m Newport River Legend Riparian Corridor — — — — — — — — — — — NOTES: Tax Parcel Boundary �� �� �� �� 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. rY 2. THE ESTABLISHED PIER LENGTH IS 164' FOR THIS SHORELINE. 3. WATER DEPTHS COLLECTED BY CLIENT ON JUNE 5, 2020 AND ARE RELATIVE TO NWL NAVD88. 30' Buffer Shellbank Inc. Up it of Coastal Wetland Normal High er Line By Vegetation Outer Edge of Marsh 5' x 222' Fixed Pier 8' x 20' Floating Dock with access ramp (2) 12' x 12' Sling Style Boatlifts Project: T M G Jones Family _L Pier LAND MANAGEMENT GROUP Ave a uavecompany 3805 Wrightsville Ave, Suite 15 Title: Pier and Dock Vilmington, North Carolina 28402 Detail Telephone:910-452-0001 Date: Revision Date: 1 /28/2021 NA Scale: Job Number: 1 "=50' LMG20.195 Drawn By: Sheet Number: WAD 2 of 4 5' x 222' Fixed Pier 10 17J A IZ Z \\\ N ml 11 \`, n 11 53 � m 1 8' x 20' Floating Dock 1 '1 with access ramp m , \ 0 2m 1 g1 \ 8 1 Newport River \\\ �- 13' x 17' P\l\atform \ 'r— 4.1' \\ 1 \ 1 \ 1 \ 1 \ 1 \ 1 \ 1 \ 1 7.3' ' 1 1 \ 1 \ 1 (2) 12' x 12' Sling Style Boatlifts \ 1 \ \\ 1 Legend Riparian Corridor — — — — — — — — — — — NOTES: 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Project: Date: Revision Date: 2. THE ESTABLISHED PIER LENGTH IS 164' FOR THIS SHORELINE. 4701M G Jones Family 1/28/2021 NA Pier Scale: Job Number: LAND MANAGEMENT GROUP 1 "=10' LMG20.195 a DAVcompany Title: 3805 Wrightsvillee Ave,AveSuite 15 Pier and Dock Drawn By: Sheet Number: 01 10 20 Wilmington, North Carolina 28402 Detail (2) WAD 3 of 4 Telephone:910-452-0001 L:\CAMA\2020 CAMA FILES\LMG20.195 --- 152 Shell Bank, Wilev Jones\152 Shellbank.dwp 75' AEC --- 30' Buffer Costal Wetland Lin Normal High Water Outer Edge of Mars Proposed 222' long x S wide fixed pier A -10� �C J Z 0 1 19 94 Horizontal and Vertical 1 "= 12' Outer Edge of Marsh C Co CO CO Riparian Corridor -------------- and 15' Setback CO CO V-.. Ot-CO ------ V�------ Coastal Wetland Line Normal High Water 0+80 0+90 1+ 0 1+10 1+ 0 1+130 1+40 1+ 0 1+60 1+ 0 1+ 0 1+ 0 Legend NOTES: 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. _---------_ Riparian Corridor 2. THE ESTABLISHED PIER LENGTH IS 164' FOR THIS SHORELINE. Tax Parcel Boundary =W1MW1MM1W W1= 3. WATER DEPTHS COLLECTED BY CLIENT ON JUNE 5, 2020 AND ARE RELATIVE TO NWL NAVD88. 0 0 --- 152 Shell Bank, Wiley Jones\152 Shellbank.dwq Proposed fixed pier, ' platform, floating dock, and sling style boat lifts 0 0 Horizontal 1 "= 30' Outer Edge of Marsh 1 0 ra Project: LM G Jones Family Pier LAND MANAGEMENT GROUP I WrightDAMsville ve CO1pmy Suite 15 3805 Wrightsville Ave, Suite Title: Pier and Dock Vilmington, North Carolina 28402 Profile View Telephone: 910-4 52-00 01 1 1 06 19 i-m4 Horizontal and Vertical 1"= 12' Date: 1 /28/2020 Scale: 1 "=50' Drawn By: WAD NA LMG20.195 Sheet Number: 4 of 4 Appendix B —Agent Authorization, Deed, Previous Permits, and Adjacent Riparian Waivers AgENT &ZHOUMLQL{ ?Ll of Ampm" Owner Begot" FttiTFdt WaAM e*a 651V YlhecW rfro Gxwuft, kr., =11 zMMI loll A6kvP: vw* 7he1 1 ft a MAMFEtwd ApbuoOUWK*r Lff act on -r y kbF the tme a+b M opp)*Q iar an rrc�se.er�' dor ere fvlbrk� �+1v4K�8±� dd•+�7pRw�9• @I my pwoodsay k4stodat 171 car" Comm d AdVX a curW Hmt J aM s,�.,.,.-3d xr Cpfw . &.tiWI or Gobi ?a) &rS.A W-3f NAP 2-iG&W peeopi app6cam. rrnilrrr[l law+ III[nrr=3L": NORTH CAROLNA CARTERET COUNTY II I III I I I This instrument and th carfificate are duly filed at the daa and Ume a in a Boo nd Page shown FILE # 1411208 on the first page he Ister of Deeds I V14 RLGl51 'Ty REGl51LR Vh ULLDU By JVy La-- e ed Aa.L DWAI. Re91BW d De. Car leret County MG February 05, 2014 03:29,25 PM LDL DEED 2 P FEL $26.DU WARRANTY DEED NC REVENUE STAMP: $160 00 FILE # 1471208 PREPARED BY: BESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 f RETURN TO: BESWICK & GOINES, PLLC, 911 ARENDELL STREET, MOREHEAD CITY, NC 28557 STATE OF NORTH CAROLINA COUNTY OF CARTERET Excise Tax:$ 140, O0 Parcel# 6388.04.71.3503.000 THIS WARRANTY DEED made and entered into this 23rd day of January, 2014, by and between: Shellbank, Inc. 6619 Wheeler Drive Charlotte, NC 28211 (GRANTOR) and Alicia Jones Casey and Wiley W. Jones, III, Co -Trustees for the Jones Family Irrevocable Trust, Dated February 25, 1999 6619 Wheeler Drive Charlotte, NC 28211 (GRANTEE) The designation GRANTOR and GRANTEE as used herein shall include said parties, their heirs, successors and assigns and shall include singular, 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, tract or parcel of land situated in MOREHEAD TOWNSHIP, CARTERET COUNTY, North Carolina and more particularly described as follows: Being all of Lot Seventeen (17), Hardesty Farms, Section I, as shown on a map recorded in Map Book 26, Page 9, Carteret County Registry, and as amended in Map Book 26, Page 76, Carteret County Registry. BOOK PAGE a,V? This property is NOT the primary residence of Grantor. BEING the same property conveyed to Grantors as recorded in Book 1362, at Page 326 of the Carteret County Registry. The above -described property is conveyed and accepted subject to such easements, restrictions and rights of way as appear of record in the Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract 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, 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 excluding the exceptions stated herein and designated on the map referred to above. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. BY: (SEAL) Wiley Jones President: She lbaA Ina STATE OF NORTH CAROLINA COUNTY OF MFCKLENBURG I I, a Notary Public of the above county and state, do hereby certify that Wiley Jones, President of Shellbank, Inc., A North Carolina Corporation, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of said corporation. Witness my hand and official seal this the 23'd day January, 2014. ••�pnau� i _1.00 fN • Notary Signature My Commission Expires: 07-26-2017 -M. • (�� RG C� E00C,PACE227_ LMG LAND NTANAGE'ML•NT' ( ROUP a DAMIP oorrkpwy 11/18/20 Cameron Weaver NCDEQ 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: Scoping meeting request, Jones Family Pier, 152 Shellbank Road, Newport, N.C. 28570 Dear Cameron, On behalf of Wiley Jones III, I would like to request a scoping meeting to discuss their proposed pier on the Newport River. The project site address is 152 Shellbank Road. The .42- acre lot has a single family residence. The Newport River here has a surface water classification of SA; HQW. The proposed 6'-wide pier will extend 164' from the outer edge of the coastal wetlands on the site (established pier length for shoreline) and feature a 13'x17' platform area and a 12'x12' boatlift. The platform will extend beyond the 15' riparian setback to the east. We have enclosed the Scoping Meeting Request Form, drawings depicting the proposed pier, signed Adjacent Riparian Property Owner Statements with both indicating non -objection to the proposed pier and waiving their 15' riparian setbacks. Please let me know when a scoping meeting can be scheduled. Thank you for your assistance. Sincerely, Steve Morrison Environmental Consultant Cc: Wiley Jones III www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 SIGN UP SHEET SCOPING MEETING Jones Family Pier Carteret County December 11, 2020 Name Agency Phone Email Cameron Weaver NCDEQ-DEACS 910-796-7265 Cameron.Weaver&ncdenr.gov X Maria Dunn NCWRC 252-948-3916 Maria.Dunn(a,ncwildlife.org Kim Harding DMF 252-264-3901 Kimberlee.Harding(a ncdenr.gov X Twyla Cheatwood NMFS 252-728-8758 Twyla.Cheatwood(&,noaa.gov Holley Snider DWR-401 910-796-7304 Holley. Snider(&ncdenr.gov Steve Morrison LMG 910-452-0001 SMorrisonglmgroup.net Wiley Jones Sr./Jr. Owners Land.mangjuno.com Kelly Johnson DEMLR-SW 910-796-7336 Kelly.P.Johnsongncdenr.gov X Kathy Matthews USFWS 919-856-4520 Kathryn Matthews(d),fws.gov Jonathan Howell DCM 252-808-2808 Jonathan.Howellgncdenr.gov Gregg Bodnar DCM 252-808-2808 Gregg.Bodnar c&ncdenr.gov Brad Connell DCM 252-808-2808 Brad. Connellkncdenr.gov X Unavailable NCDEQ WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 910-796-7215, FAX 910-350-2004 - LMG LAND MANAGEMENT GROUP a DAVEY, company February 9, 2021 SHELLBANK INC. 6619 WHEELER DRIVE CHARLOTTE, NC 28211 To Whom It May Concern: Jones Family Irrevocable Trust is applying for a CAMA Major Permit on their property located at 152 Shell Bank Road, Carteret County, North Carolina. The specifics of the proposed work involve the construction of a fixed pier and platform with 2 sling style lifts and a floating platform as depicted in Appendix A. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Brad Connell North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 We have received your signed riparian waiver stating no objection to the proposed project. However, DCM requires notification via certified mail and requests the green delivery confirmation card to begin processing any CAMA Major application. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at smorrison@lmgroup.net Sincerely, SXeUe Movwtny. Steve Morrison, Agent Land Management Group Enclosures www.imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 - LMG LAND MANAGEMENT GROUP a DAVEY, company February 9, 2021 WILEY JONES / OLIVIA JONES 6619 WHEELER DRIVE CHARLOTTE, NC 28211 To Whom It May Concern: Jones Family Irrevocable Trust is applying for a CAMA Major Permit on their property located at 152 Shell Bank Road, Carteret County, North Carolina. The specifics of the proposed work involve the construction of a fixed pier and platform with 2 sling style lifts and a floating platform as depicted in Appendix A. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Brad Connell North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 We have received your signed riparian waiver stating no objection to the proposed project. However, DCM requires notification via certified mail and requests the green delivery confirmation card to begin processing any CAMA Major application. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at smorrison@lmgroup.net Sincerely, SXeUe Movwtny. Steve Morrison, Agent Land Management Group Enclosures www.imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 f-/ff Y" ell 3 / ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to of Property ,s property located at (Address, Lot Blo k, Roa , tc.)_ on /�PG✓Doki i`1lty , in 8v Irk N.C. (Waterbody) (City/Town and/or C unty) The applicant has described to me, as shown below, the development proposed at the above location. X_ I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED, DEVELOPMENT (Individual proposing development must fill in description. below or attach a site drawing) ,L 444 5 e 6YTO '-k d1-21V;11PPS- WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my_ area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) q* i do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement_ (Pro ert ty Owner I rr atlon) (Adjacent Property Owner Information) Signature Signature Print or Type Name Print or Ty pe -Ta l�t� _ �ry�1 al!?ley"w e Mailing Address �N='fle City tateMp City/StatelZip �o �f- 30 •?� 3 7 v it -3G�' • oo".*P 9/ Telephone plumber Telephone Number Date Date (Revised 611812012) ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to .IYyevu t?" property located at 11 (Name of roperty Owner) ` (Address, Lot, lock, Ro d, etc.) on ea r Y,E:Y , in _<dry V�k , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. _ I have no objection to this proposal. I have objections to this proposal, DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a -minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner formation) Signature Print or Type Name Mallfrig Address City/ ate ip S -I01- 7 2 Telephone Number 3-1 ? - —7 a Date (Adjar-ent Proper j%w 41-14 v Signature f f Print or Mailing Address - d- Oe 1V4, 29211 at , ateiLi -`a V--8'S�l Telephone Number 3 -2-7 za X 0 Date 0 (Revised 611812012) NORTH CAROLINA Environmental Qualitn March 11, 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: Carteret County Project Location: 152 Shell Bank Rd, Newport Proposed Project: 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 April 8, 2021. If you have any questions regarding the proposed project, contact Brad Connell 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Wiley Jones LOCATION OF PROJECT SITE: The project is located adjacent to the Newport River at 152 Shell Bank Road near Newport, Carteret County. Latitude:34°46'34.99"N Longitude: 76°42'37.98"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 7/14/20 Was Applicant or Agent Present —Yes Photos Taken — Yes PROCESSING PROCEDURE: Application Received — cc: 2/22/21 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP —Rural with Services (B) AEC(s) Involved: PTA, EW, CW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — septic Planned - none (F) Type of Development: Existing — residential dwelling Planned - docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Coastal Wetlands IF 250 ft2 shaded (B) Open Water L 1,513 ft2 incorp (E) Total Area Disturbed: 1,763 ft2 (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: None Proiect Summary: The applicant wishes to construct a docking facility within the Newport River for private use near Mill Creek. Field Investigation Report: Jones Page 2 Narrative Description: The property is located adjacent to the Newport River at 152 Shell Bank Road near Newport, Carteret County. This lot is currently developed with a residential dwelling. This property is located within the Hardesty Farms subdivision. The adjacent riparian properties are undeveloped. The elevation of the adjacent high ground of the parcel is approximately 8' above the normal high water level (NHL). Vegetation on the parcel mainly consists of lawn grasses and woody shrubs. There are Coastal Wetlands within the project area mainly consisting of Spartina alterniflora. The parcel has 84' of continuous shoreline along the Newport River. Immediate offshore water depths adjacent to the parcel range from —0.5' to —1.6' normal low water. The subaqueous substrate is soft with shell. This proposal is not located near a Federal Channel. There is not a cultural resource in the project area. This waterbody is approximately 6,765' across at this location. These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation was not observed at this location. This area is open to shellfish harvest and is classified as SA; High Quality Waters. This parcel is within the White Oak River basin. Proposed Development: The applicant is proposing to construct a private docking facility within the Newport River, near Newport. The proposed development would take place adjacent to 152 Shell Bank Road, Carteret County. This proposal is for private use in a residential neighborhood. The applicant is proposing to construct a 2-slip docking facility. The proposed pier access would be 5' by 209' while traversing approximately 50' of Coastal Wetlands, before extending out into the Newport River 164' (as measured from the shoreline). The proposed pier would connect to a 13' by 22' fixed `L' platform. There would be two sling style boat lifts, 12' by 12' each, that would be on either side of the fixed platform. There would be an aluminum gangway leaving from the landward, or north, side of the `L' platform that would connect to an 8' by 20' floating platform. Anticipated Impacts: There is not a Federal Channel in the nearby vicinity of this proposed docking facility. However, the location of the proposed docking facility appears to encroach into a traditional commercial fishing vessel navigation route, adjacent to the upper most area that is open to shrimp trawling. Thusly, posing a hazard to that traditional navigation turn around route for these vessels. The proposed docking facility would usurp 1,763 square feet of Public Trust Area. Traditional marine construction methodology would be utilized during the construction of this project. Turbidity impacts are not anticipated during the construction activities in the Newport River. Brad Connell March 11, 2021 Morehead City