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HomeMy WebLinkAbout20221313 Ver 1_CAMA Application_20220912ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 12, 2022 MEMORANDUM: FROM: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CA MA Review Applicant: Gregory Shaw Project Location: 142 Mallard Court, Duck, in Dare County Proposed Project: Construct a docking facility, complete with a pier, boatlift, L-shape finger pier and a platform, that will extend 145' waterward of the established pier line Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by October 3, 2022. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE x This agency has no objection to the project as proposed. **Additional comments may be attached** See additional comments below This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Sandy Cross, Senior Planner, CAMA LPO Town of Duck 9/13/2022 This pier is much longer than the community pier which will make navigation by kayakers and SUP users more difficult traveling north and south as they will have to round this pier. dYl2c, DE NORTH CAROLINA rypa,Sme101 Em,ImnmeW 01011; North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.2643901 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Gregory Shaw 2. LOCATION OF PROJECT SITE: 142 Mallard Court, Duck, Dare County, adjacent the Currituck Sound. Latitude: 36° 9'12.62"N Longitude:-75°44'58.88"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/11/21 & 6/23/22 Was Applicant Present — No & No 5. PROCESSING PROCEDURE: Application Received Complete — 9/6/2022 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification from LUP - Residential (B) AEC(s) Involved: Estuarine Waters (EW), Public Trust Area (PTA), & Estuarine Shoreline (ES). (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Community Central Wastewater Planned — None (F) Type of Structures: Existing — Single Family Dwelling, Pool, Deck, Driveway, Retaining Wall & a HOA Community Use Docking Facility. Planned - Docking Facility (Pier, Platform, Finger Pier and a Boatlift) (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: (Area ft2) (A) Shallow Bottom EW and PTA AEC (B) High Ground Area within the ES AEC (C) Total Area Disturbed: 2,507ft2 (D) Primary Nursery Area: No (E) Water Classification: SC Shaded 2202 ft2 305 ft2 Open to Shellfishing: No 8. PROJECT SUMMARY: The applicant proposes to construct a docking facility; complete with a pier, boatlift, "L" shape finger pier and a platform, that will extend 145' waterward of the established pier line. Gregory Shaw Field Investigation Report Page 2 Project Setting The property is located at 142 Mallard Court, Duck, Dare County, and is ± 13,500 ft2 (0.31 acres) in size and has an unhardened sandy, beach like shoreline. Man made structures on the property consist of a single-family dwelling, a pool surrounded by a deck, a retaining wall, a driveway, and a HOA community use docking facility. The docking facility is located on the southern side of the property and straddles, and in areas crosses, the property line / easement. Please note: currently the location of the HOA community docking facility is being contested as it correlates to the to the property line and or easement. Areal imagery concludes this (and or a similar) docking facility was constructed in this location prior to 1989. Based on available information, no archaeological sites are on or near this property. Vegetation includes yard grasses, and trees. The adjacent riparian property to the north contains a single family dwelling and has a natural unhardened shoreline. The adjacent riparian property to the south is an undeveloped lot and also has a natural unhardened shoreline. The location of the proposed work is within the Currituck Sound which is classified as coastal waters by agreement with the Marine Fisheries Commission and Wildlife Resources Commission, The Division of Environmental Management's water quality classification for this area is SC and it is closed to shellfish taking. Water depths within the project site range from -0.5' to -3 and average -2.5'. Submerged aquatic vegetation, as per DMF's definition, was observed within the proposed development area (SAV survey attached). Development Proposal The applicant proposes to construct a 413' x 5' pier located 352' over water and 61' over high ground. The height of the pier will be 3' above NWL. The pier will begin at the existing retaining wall and extend to the west, at a slight northern angle, 61' until it crossed NWL. At this point the pier will be located 23' from the property line to the north. The pier will continue in a straight alignment over the water for 195' before angling true west to remain outside the 15' riparian corridor. The pier will continue in this alignment for the remaining 157'. The proposed alignment of the pier will remain 19.2' north of the HOA community docking facility and will extend 145' east of the established pier length. At the western end of the pier, on the southern side, the applicant proposes to install a 34' x 12' boatlift surrounded by a 50' x 5' "L" shaped finger pier. The water depth in this area is -3'. Lastly the applicant proposes to construct a 12' x 16' platform immediately adjacent on to the finger pier, on the east side, south of the pier. Anticipated Impacts • Combined, the piers and platforms will result in 2,202 ft2 of shading within the EW and PTA AEC and will shade 305 ft2 of a high ground area located within the ES AEC. Submitted by: Robert Corbett Date: 9/9/2022 r - 04, I:LAY E.: . SEP 0 6 2022 Project Narrative 142 Mallard Court Tuckahoes — Phase II (Revised August 25, 2022) The applicant owns a single-family residence which was constructed in 1987. A public access pier was constructed on the 8-foot access easement for Bias Shores' residents and extends into the water and the riparian corridor of the applicant. In 2021, a swimming pool and wading pool were constructed as permitted by CAMA Minor Development Permit 40-2020-441. The applicant proposes to construct a 5-foot-wide pier of which 352 feet will be over the water and 61 feet over the land. Also proposed is a 12 x 16 tee head and a 12 x 34 boat lift with a 5-foot-wide x 50-foot-long finger pier (L shaped). The extension of the pier is beyond the pier head alignment for two reasons: 1. A SAV study revealed a diminishment in SAVs at the proposed boat lift; and 2. A shoal extends towards the property requiring the pier length to extend into the water further than adjacent properties to access water which is -3.0 feet NWL. • The project 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. DOM MF1 APIIJCATION for Malor Dovelopment Ponnit (last revised 12/27/06) 1. Primary Applicant/ Landowner Information Business Name N/A Applicant 1: First Name Gregory Applicant 2: First Name 1 NIA S E P 0 6 2022 DC M- EC North Carolina DIVISION OF COASTAL MANAGEMENT MI L. MI N/A Project Name (if applicable) N/A Last Name Shaw Last Name N/A If additional applicants, please attach an additional page(s) with names listed. Mailing Address 113 Greene Drive ZIP 23692 Country USA Street Address (if different from above) N/A Email gregs@scc-va.com 2. Agent/Contractor information Business Name Environmental Professionals, Inc. Agent/ Contractor 1: First Name George Agent/ Contractor 2: First Name N/A Mailing Address 224 Colington Ridge ZIP 27848 FAX No. NIA Street Address (if different from above) N/A Email N/A PO Box N/A City Yorktown Phone No. 757 - 345 - 3138 ext. MI H. MI NIA City NIA State VA FAX No. 757 - 345 - 0352 State N/A ZIP N/A - Last Name Wood Last Name NIA PO Box 3368 1 Phone No. 1 252 - 423 - 1234 ext. Contractor # City Kill Devil Hills City NIA <Form continues on back> State NC Phone No. 2 252 - 441 - 0239 ext. State ZIP N/A I NIA - 252-808.2808 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) b APPLICATION for Major Development Permit 0 6 2022 3. Project Location County (can be multiple) Dare Street Address+ F e 142 Mallard Court State Rd. # NIA Subdivision Name Tuckahoe - Phase II City Duck State NC Zip 27949 - Phone No. NIA - - ext. Lot No.(s) (if many, attach additional page with list) 64, , a. In which NC river basin is the project located? Pasquotank b. Name of body of water nearest to proposed project Currituck 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. Currituck Sound ►�<Natural ■Manmade ■Unknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Duck ►;.� Yes ❑No 4. Site Description a. Total length of shoreline on the tract (ft.) 75 b. Size of entire tract (sq.ft.) 13,500 c. Size of individual lot(s) N/A, (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 21' ID NHW or ®NWL e. Vegetation on tract f. Man-made features and uses now on tract Single-family Residence, driveway, pool g. Identify and describe the existing land uses adjacent to the proposed project site. public access - residential h. How does local government zone the tract? RS-1 i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ®Yes ❑No DNA j. is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. DYes 0 No ■ NA I. Is the proposed project located in a National Registered Historic District or does it involve a Yes NNo DNA National Register listed or eligible property? Form continues on next page> 252-808-2808 1-888-4RCOAST www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) SEP 0 6 2022 L.. APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ❑Yes No ,.. � W fix,. EN (ii) Are there coastal wetlands on the site? `� s m ❑Yes No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? DYes • No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Community Central Wastewater o. Describe existing drinking water supply source. Municipal 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 ■Public/Government 0 Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Construction of a pier 352 ft x 5' wide over water and 61 ft x 5' wide over the land, boat lift 12 x 34 which is accessed by a 50-foot long x 5-foot-wide finger pier (L-shaped), and 16 x12 tee head. The intended use is to access the boat lift to secure the boat when stored there. The pier location is on a shoal which requires the pier to extend further into the sound. 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. The pilings will be installed by water jet, hammers and saws to construct deck and boat lift d. List all development activities you propose. 413 x 5 foot pier, 16 x 12 tee head, 12 x 34 boat lift, and a 50-foot long x 5-foot wide finger pier The length of the pier over water will be 352 feet and 61 feet over land. The portion of the pier over the land will be elevated 3 feet above the substrate. The boat lift will have a 5-foot-wide x 50-foot-long L shaped finger pier. 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 C4 Sq.Ft or ■Acres g. Will the proposed project encroach on any public easement, public accessway or other area ►:I Yes ■ No MINA 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 ►Zi 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. <Form continues on back> 252.808-2808 .. 1-888-4RCOAST .. www.rtccoastalmanagement,net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information in addition to this completed application fomr, (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. I 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 1 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. Narne Daniel Gajar Phone No. Address 1611 Scio Ridge Road, Ann Arbor, MI 48103 Name Timothy McKeithan Phone No. Address 140 Mallard Court, Kitty Hawk, NC 27949 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. I CAMA Minor Permit #0-2020-441 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. lithe 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 1 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 Revised August 25, 2022 Print Name George H. Wood, CEP, PWS Signature airrd Please indicate application attachments pertaining to your proposed project. SEP 0 6 2022 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DDCM MP-3 Upland Development ®DCM MP-4 Structures Information 252-808-2808 :: t-888-4RCOAST :; www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) SEP 0 6 2022 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: ['Commercial ❑PubliclGovernment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 352' over water - 61' over land (iv) Width 5 (v) Floating ['Yes No e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 16 (iv) Width 12 (v) Floating ['Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 1 (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 ZOpen water; no dredging required ['Other; please describe: k. Typical boat length: 25-30 m. (i) Will the facility have tie pilings? ['Yes No (ii) if yes number of tie pilings? N/A 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 1 (iii) Length 50' L Shaped (iv) Width 5 (v) Floating ❑Yes No f. (I) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 1 (iii) Length 34 (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 ❑ Dockage ('wet slips") only, number of slips: ® Dry storage; number of boats: 1 ❑ Boat ramp(s); number of boat ramps: ['Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout I. (i) Will the facility be open to the general public? ['Yes No 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagerent,net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 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. El Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (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? P(1b?2 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking 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 (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marinaldocking 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. 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliciGovernment ['Private/Community (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 c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s); ❑Commercial ❑PubliclGovernment ❑PrivatelCommunity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Number d. Description of buoy (color, inscription, size, anchor, etc.) e. Arc of the swing 7. GENERAL S E P 0 6 2022 252-E308-2808 :: 1-888-412COAST :: www.nccoastalnianagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15' from north - 25' to south 19.2' to the south - 165' to the north Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 3.92 miles e. (i) Will navigational aids be required as a result of the project? ❑Yes No DNA (ii) If yes, explain what type and how they will be implemented. N/A d. Water depth at waterward end of structure at NLW or NWL -3 NWL 8. OTHER ❑ This section not applicable a. Give complete description: Revised August 25, 2022 Date Gregory Shaw Project Name George H. Wood, CEP, PWS, Agent Applicant Name Applicaignaiure S E P 0 fi 2022 ."� 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagernent.net revised: 12/27/06 AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Landowner of record authorizes Environmental Professionals, Inc. to: l . enter the property to gather environmental and she information, including delineation of environmental regulatory jurisdictions; 2. enter the site with the regulatory agencies (i.e. U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.) as needed to review regulatory alignment(s) and/or to identify additional regulatory jurisdictions; 3. submit plats and other information to acquire regulatory agency confirmations, approvals, and/or determinations (U.S. Army Corps of Engineers, North Carolina Division of Coastal Management, North Carolina Division of Water Quality, etc.); and 4. act as agent for the purposes of obtaining environmental permits, authorizations, and/or determinations. ZO z/ Date Date SEP 0 6 2022 L0-1-41 ' i ' From: George Wood obxwood@yahoo.com Subject: Shaw pier Date: May 4, 2022 at 12:03 PM To: Robert C Pullinger chris.pullinger@ncdenr.gov Cc: George Wood obxwood@yahoo.com, Robert W. Corbett Robert.Corbett@ncdenr.gov, Gregory Shaw GregS@scc-va.com Mr. Shaw proposes to construct a pier at his home at 142 Mallard Court , Duck, NC. This pier will require a CAMA Major because it extends beyond the pier head line in order to reach deep water. I hope this satisfies the advances notification of intent to apply. Sincerely, George H Wood >.L4- ;:e SEP 0 6 2022 DC MA:r Cheryl L. House Register of Deeds, Dare, NC 6/14/22, 9:42 AM Cheryl L. House Book Type Deed Book 2751 Register of Deeds Dare, NC Date: 07/30/2018 15:45:00 DocNo: 700055057 Kind: DEED Book: 2251 Page: 435 Page 435 Description TUCKAHOE PHASE II Document References Tax: 1420.00 Grantors: DARE REAL ESTATE COUNTY "' TRANSFER TAX View Images -I Grantees: Download Irnage Qpen Image In flew Window BOOK 2251 PAGE 435 (3) 700055057 I nE Space Above This Line For Recording Data �Y DEED This instruma prepared by Robert B. Hobbs, Jr., a licensed North Carolina Attorney Delinquent tax& if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds No title examination requested of or performed by the preparer of this Deed D3527-1 Return to Crouse Gr64. Gray & Lloyd, LLP, 3120 N. Croatan Hwy., Ste 101, Kill Devil Hills, NC 27948 0 Excise Tax: $1,40\00 Tax Parcel: 029473000 Transfer Tax: $7,1000 LT Number 2622-18 North Carolina, Dare County �+ THIS GENERAL WARRiTY DEED made this 30 day of July , 2018 , band between GRANTOR 0 JUDITH L. WESSEL and husband, DAVID K. WESSEL GRANTEE GREGORY L. SHAW AND VICKY A. SHAW, TRUSTEES OF THE GREGORY httpJ/72.15.246.185JdarencnwJapplicatian.asp?cmd=image_link&imag...ok=2251&image_link_page=435&image_link_booktype7Deed&tif2pdt=true Page 1 of 2 MAJOR PERMIT FEE MATRIX Applicant: Gregory Shaw Selection 111 111 Development Type I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: Major Modification to a CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: 1 III(A). Private, non- commercial development, if General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General Water Quality Certification No. 4097 (See attached) can be applied: II{(C). If General Water Quality Certification No. 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 aquatic life: III(D). If General Water Quality Certification No. 4097 (see attached) cannot be applied: IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: Fee $250 $400 $250 $250 $400 $400 $400 $475 DCM % (14300 1601 435100093 1625 6253) 100% ($250) 100% ($400) 100% ($250) 100% ($250) 100% ($400) 60% ($240) 60% ($240) 60% ($285) DWQ (24300 1602 435100095 2341) 0% ($0) 0% ($0) 0% ($0) 0% ($0) 0% ($0) 40% ($160) 40% ($160) 40% ($190) NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 09/06/22. Mr. Gregory Shaw proposes to construct a docking facility, complete with a pier, boatlift, L-shape finger pier and a platform, that will extend 145' waterward of the established pier line, located at 142 Mallard Court, in the Town of Duck in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 10/04/22, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, September 14, 2022 „C1=1D_E dyYlrnai d Emboli/nerds' OwN North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 ENVIRONMENTAL PROFESSIONALS INf PLANNING FOR A BETTER ENVIRONMENT S E P 0 6 2022 July 23, 2021 North Carolina Division of Coastal Management Attn: Mr. Robert Corbett 401 S. Griffin Street — Suite 300 Elizabeth City, NC 27909 Dear Mr. Corbett, Environmental Professionals, Inc. (EPI) has been engaged by Mr. Gregory Shaw owner of property at 142 Mallard Court, Duck, North Carolina to request authorization for construction of a pier, boat house, and covered deck. This property is somewhat unique in that the association pier may encroach on Mr. Corbett's riparian corridor. The first action EPI undertook was to perform a SAV Survey at the site. Please find attached the summary of that effort. The next step in the design process is to confirm the riparian corridor. This letter is to request your assistance in defining the riparian corridor so that we may proceed with design. I remain available to meet with you if that would be helpful. Sincerely, Enviral Professionals, Inc. Geofge H. Wood, CEP, PWS Attachment: a/s cc: Mr. Gregory Shaw P.O. BOX 3368 • KILL DEVIL IHLLS, NORTH CAROLINA 27948 MOBILE: 252-423-1234 • OFFICE: 252-441-0239 EMAIL: obxwood@yahoo.com Distance from NWL 0 23' GREG SHAW — SAV STUDY 142 MALLARD COURT DUCK, NORTH CAROLINA JULY 7, 2021 EPI NO. 019-027 Water Depth SAV Composition 0 0°/a S E P 0 6 2022 1.0' 100% Myriophyllum spicatum & Ruppia maritima 50' 1.75' 100% Myriophyllum spicatum & Ruppia maritima 82' 2.0' 95% Myriophyllum spicatum & Ruppia maritima (more Ruppia maritima than Myriophyllum spicatum) 122' I54' 208' 246' 296' 348' 385' 444' 463' 2.0' 95% Myriophyllum spicatum & Ruppia maritima (more Ruppia maritima than Myriophyllum spicatum) 2.5' 80% Myriophyllum spicatum & Ruppia maritima (more Ruppia maritima than Myriophyllum spicatum) 2.0' 50% Myriophyllum spicatum & Ruppia maritima (more Ruppia maritima than Myriophyllum spicatum) 2.0' 50% Myriophyllum spicatum & Ruppia maritima (more Ruppia maritima than Myriophyllum spicatum) 2.5' 40% Ruppia maritima 3.0' 30% Ruppia maritima 3.25' 25% Ruppia maritima 3.75' 0% 4.0' 0 % MEMO To: North Carolina Division of Coastal Management/Attn: Mr. Robert Corbett CC: North Carolina Division of Coastal Management/Attn: Mr. Ron Renaldi Mr. Gregory Shaw From: George H. Wood, CEP, PWS Date: August 19, 2021 Re: Water Depths at 142 Mallard Cove At your requeste1 revisited the site to obtain water depths further to the south. Also requested was to identify the -3 foot contour. The attached maps show the findings. Because of the unusual alignment just waterward of the community pier, 1 obtained some additional water depths. My findings revealed that a shoal runs waterward of the community pier. In addition, you will note that no -5 foot contour was located at the southern -most pier. After reaching -4.5 feet, the depth shallowed to -3 feet. It is my opinion that the consistent alignment of water depths along this portion of the shoreline which could constitute a "channel" would be a nearly straight line along the -4 foot contour shown as bold blue and labeled channel on the drawing. Attachments: a's Environmental Professionals, Inc. P.O. Box 3368 Kill Dcvil Ilills, NC 27948 Home Office: 252-441-0239 *** Mobile: 252-423-1234 Email: obxwood@yahoo.com L) Dare County Parcel Data MEMO To: North Carolina Division of Coastal Management/Attn: Mr. Robert Corbett cc: North Carolina Division of Coastal Management/Attn: Mr. Ron Renaldi Mr. Gregory Shaw From: George H. Wood, CEP, PWS Date: August 13, 2021 Re: 142 Mallard Court — Duck, North Carolina Please find attached the requested information regarding the -4 foot and -5 foot contour at 142 Mallard Court. This information is provided so that the North Carolina Division of Coastal Management can provide guidance regarding the riparian corridor for planning purposes. The raw data is as follows: North Pier (Two North of the Community Pier) Attachment: als -4 foot contour is +/- 256 feet from NWL -5 foot contour is +/- 280 feet from NWL Community Pier -4 foot contour is +/- 463 feet from NWL -5 foot contour is +/- 555 feet from NWL South Pier (Pier Adjacent to Community Pier) -4 foot contour is +/- 346 feet from NWL -5-foot contour is +/- 549 feet from NWL Environmental Professionals, Inc. P.O. Box 3368 Kill Devil Hills, NC 27948 Home Office: 252-441-0239 *** Mobile: 252-423-1234 Email: obxwood@yahoo.com SEP 0 G 2022 iriMMTERIVIMir�F4F' S E P 0 6 2022 ttps:J/maps.darecountync.gov #.rintTa. rA •eilupo# no•-u itmooeieesdew :sdn. r ; . 1 0 poJed ;uno wed ZERIMEREFIR ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 12, 2022 MEMORANDUM: FROM: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA Review Applicant: Gregory Shaw Project Location: 142 Mallard Court, Duck, in Dare County Proposed Project: Construct a docking facility, complete with a pier, boatlift, L-shape finger pier and a platform, that will extend 145' waterward of the established pier line Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by October 3, 2022. If you have any questions regarding the proposed project, contact Robert Corbett (252-264-3901, ext. 233) when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. £ D_E NORTH CAROLINA Department of Environmental ouafi� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 846LS ON 'STAR 1U130 TIDi - 89££ X08 '0'd Ual ("Da o!164A 'S 404L I.U9LUUOJ!AU3 )91498 O J0j. 6utuuDld V767VOISSadOkki %VIAla 3 G '0 1 LZ0-6L ON 103'06d ro'N 14699 I tz-ZL-0L 3LVG 71V05 YNI102JV3 HleION 'AINl0O 32PVa `'dSMU OLLNV11V II 3SVHd `30HVN0f11 `I9 101 6i76LZ 'O'N 'NNOfla '12il0O L MVHS '1 A10032:10 ZZ-t£-s ZZ-LL-S ZZ-£Z-L ZZ-ot-S ZZ-S-ti Zz-9z-£ a3SIA321 ,S L IZ X w w 213121 ,S 03S0d0ad ,ZL 361 IOd NOIIVO13ddV shot bb' fit e� �I OIL x IoLVM H31d 000 ONLLSIX3 -w 52I av3 I331 ,9L X,ZL 03S0d0ad 213Id ,S 03SOd0ad ldn 1Vo8 03SOd021d GNIlOS }I3f1Jd I2III0 10 a8IVTIVAI OYL NVHLUD l'3 N6108 iP AHLOWIL 969 'Od '9911 'Era ma Is QNIlOS 3I0flJJ?I2II1I 0 9S9 "0d 96i as �E9) • • • • • sl'N NOu03S a3Id N3000M a31YA313 )11VM 000M ONOSDG SONllld NO ONM3M0 ONILSIX3 lMN --- S86'30'38"W O siN OY3H 331 N3000M OL661. 30 'M31ANV300 '39V ONV1000N ri MVO V 3INVHd31S 101 1NVOVA a69 "16 '3— 3'd 6 HOLL'186 '0LL 8SVlHd '5a30135 we .S'£ A9 vd 213A0 Sd3LS gee '0d ronz -a-a 62) �("Rf -woo Aq P"'"'°1`cl • 0 • 0 ZZ-OZ-L NO l d'3 A8 03HS118V1S3 SV Lad 000M 'X3 dVV )iINIOA