HomeMy WebLinkAbout20170294 Ver 2_CAMA Application_20221101ICE NM
APPLICATION for
Malor Development Pornilt
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
N/A
Kevin and Kim Avolis Residence and Pier
Applicant 1: First Name
MI
Last Name
John
K
Avolis
Applicant 2: First Name
MI
Last Name
Kim
M
Avolis
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
102 Creekview Road
15564
New Bern
NC
ZIP
Country
Phone No.
FAX No.
28562
Craven
252 - 671 - 9333 ext.
- -
Street Address (if different from above)
City
State
ZIP
Email
kevin@avoliseng.com
2. Agent/Contractor Information
Business Name
N/A
Agent/ Contractor 1: First Name
MI
Last Name
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
ZIP
Phone No. 1
-
- ext.
Phone No. 2
- - ext.
FAX No.
Contractor #
Street Address (If different from above)
City
State
ZIP
Email
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
I Project Location
County (can be multiple)
Street Address
State Rd. #
Craven
412 Madam Moores Lane
SR1004
Subdivision Name
City
State
Zip
N/A
New Bern
NC
28562 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
252 - 671 - 9333 ext.
7-004-011, , 1 ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse River
Trent 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
Trent 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.
N/A
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
201.6
86,249 SF, 1.98 AC
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)
15' ❑NHW or ®NWL
e. Vegetation on tract
Grass Vegetation and Ornamental Trees/Shrubs
f. Man-made features and uses now on tract
-Block Boat House -Two-Story Residence
-Storm Destroyed Pier Piles -Storage Shed (2)
-Concrete Boat Ramp -Existing Use - Single -Family Residential
-Wood Retaining Wall
g. Identify and describe the existing land uses adjacent to the proposed project site.
Single-family residential dwellings exist on each side of property. Each property is used for residential purposes.
h. How does local government zone the tract?
L Is the proposed project consistent with the applicable zoning?
NO Zoning - N/A
(Attach zoning compliance certificate, if applicable)
[]Yes ❑No ®NA
j. Is 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?
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?
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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, if available)
n. Describe existing wastewater treatment facilities.
On -Site Septic System
o. Describe existing drinking water supply source.
On -site drinking water well, public water available but not utilized.
p. Describe existing storm water management or treatment systems.
All stormwater runoff occurs to vegetated areas of the site.
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.
The pier, boat lifts, slips, and dock shelter will be used associated with the single-family use of the property.
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.
Proposed construction will occur primarily from barge mounted equipment. Excavators, pile drivers, barge, and normal hand
tools will be utilized.
d. List all development activities you propose.
-Pier (Walkway, Platform, Covered Shelter) -Demolish Existing Block Boat House
-Two Boat Slips with Boat Lifts -Remove Existing Concrete Boat Ramp
-One Wet Boat Slip with No Boat Lift -Close in Gap in Bulkhead Boat Ramp
-One Land Based Dock House (New)
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? .60 ❑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.
The only discharge that will occur to waters of the State will be stormwater runoff that falls on decking or the covered shelter
on the dock platform.
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j. Is there any mitigation proposed? []Yes ®No ❑NA
If yes, attach a mitigation proposal.
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. AdditionalInformation
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) — M 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 Michael D Hawkins Phone No.
Address 410 Madam Moores Lane, New Bern, NC 28562
Name Janet Block Daniels Phone No.
Address 414 Madam Moores Lane, New Bern, NC 28562
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.
There has not been any development in the recent past (last
10-15 years). I have no knowledge of past permits issued to
previous owners.
h. Signed consultant or agent authorization form, if applicable.
i. Wetiand 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.
1 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%plication is truthful to the best of my knowledge.
Date r/ n + 2 ��� Print John Kevin Qvolis
Please indicate application attachments pertaining t your
®DCM MP-2 Excavation and Fill Information
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information
sed project.
❑DCM MP-5 Bridges and Culverts
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Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
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.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
NWL)
stabilization
Length
Width
Avg. Existing
Depth
NA
NA
Final Project
Depth
N A
NA
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards.
(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
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any 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.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of disposal in these areas:
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
(i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
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Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization:
®Bulkhead ❑Riprap ❑ Brea kwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL: 0 Feet
e. Type of stabilization material:
Wood
g. Number of square feet of fill to be placed below water level
Bulkhead backfill 0 Riprap _
Breakwater/Sill - Other -
i. Source of fill material.
Permitted Borrow Pit
b. Length: 11
Width: 1
d. Maximum distance waterward of NHW or NWL: 1 Foot - to align
with existing bulkhead
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
Sand
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. (1) Will fill material be alaced in coastal wetlands/marsh (CW).
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
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
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
All backfill areas will be sodded immediately after installation. Backhoe, Hand Tools
C. (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.
N/A
Date
412 Madam Moores Lane
Project Name
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No DNA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
N/A
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Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 1
One Wood Framed Boathouse, single- family residence,
detached garage, on -site septic system, driveway and
sidewalks
c. Density (give the number of residential units and the units per
acre).
1 residentail dwelling on 1.98 acres
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(1) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ❑No UNA
(ii) If yes, list the date submitted: N/A
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
Existing 386 SF/6,048 = 6.4% Proposed 0%
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
10%
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
0.6 acres
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Concrete for paved surfaces, shingle roof for residential
structures
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ❑No UNA
(ii) If yes, list the date submitted: N/A
j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local
Sewage disposed from residential dwelling on site will be approval?
disposed of with on -site septic system. []Yes ❑No UNA
Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrial/
commercial effluent, "wash down" and residential discharges).
Surface runoff Only from pier area.
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes [:]No UNA
If yes, attach appropriate documentation.
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revised: 12/26/06
Form DGM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Well and Community Water
o. When was the lot(s) platted and recorded?
September 1945 (Ref MB1 Pg 118)
1U-jam'ZO
Date
412 madam Moores Lane
Project Name
John Kevin Avolis
n. (i) Will water be impounded? []Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ❑No ®NA
252-808-2808 :: 1-888-4RCOAST :: www.necoastaimana-ement.net revised: 12/26/06
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 facility/marina:
❑Commercial ❑Public/Government ®Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number 1
(ill) Length 136'
(iv) Width 5.33 FT
(v) Floating ❑Yes ®No
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number 1
(ill) Length 21'-4"
(iv) Width 23'-2"
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
3
(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: 25
m. (i) Will the facility have tie pilings?
®Yes []No
(ii) If yes number of tie pilings?
8
[I This section not applicable
b. (1) Will the facility be open to the general public?
❑Yes ®No
d. (i) Are Finger Piers included? ®Yes ❑No
If yes:
(ii) Number 3
(ill) Length 67.33'(25', 25'. 17.331
(iv) Width 3=4"
(v) Floating ❑Yes ®No
f. (i) Are Boatlifts included? ®Yes ❑No
If yes:
(ii) Number 2
(ill) Length 25'. 25'
(iv) Width 15'. 16'
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: 1
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
® Other, please describe:
Boat Lift (2)
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
30 Foot Runabout
22 Foot Runabout
43 Foot Sportfish
KayaksMind Surfer
I. (i) Will the facility be open to the general public?
❑Yes ®No
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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.
❑ 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?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []No
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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 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.
13. BOATHOUSE (including covered lifts) ❑This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ®Private/Community
(H) Number 1
(iii) Length 20'
(iv) Width 16'-8"
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
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I
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 ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b• Number
d. Description of buoy (color, inscription, size, anchor, etc.)
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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.
37.81' (Min) Greater than 100 feet.
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
1,240 Feet
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.
N/A
d. Water depth at waterward end of structure at NLW or NWL
6
18. OTHER ❑ This section not applicable
a. Give complete description:
A single family residence, detached garage, concrete driveway, concrete sidewalks, on -site septic system, and public water
service will also be constructed on the property. All of this construction is represented on the overall site plan included with
this application. All of this work will occur upland of the CAMA AEC limit and upland of the Neuse Riparian Buffer limits.
All stormwater runoff from these new features will occur through sheet flow action to the surrounding vegetated areas.
Date
412 Madam Moores Lane
Project Name
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Kevin Avolis
LOCATION OF PROJECT SITE: The project is located within the Trent River
adjacent to 412 Madam Moores Lane near New Bern, Craven County.
Latitude: 351 5'13.09"N Longitude: 7712'55.63"W
INVESTIGATION TYPE: CAMA/D&F
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 10/11/22
Was Applicant or Agent Present —No
Photos Taken — No
PROCESSING PROCEDURE: Application Received — cc: 10/11/22
Office — MHC
SITE DESCRIPTION:
(A)
Local Land Use Plan —
Craven County
Land Classification from LUP —Rural w/services
(B)
AEC(s) Involved: PTA,
EW, CS
(C)
Water Dependent: Yes
(D)
Intended Use: Private
(E)
Wastewater Treatment:
Existing — septic
Planned -none
(F)
Type of Development:
Existing — residence, shoreline stabilization, and docking
facility, shed, boat ramp
Planned - docking facility, residence, shed (replacement),
bulkhead
(G)
Estimated Annual Rate
of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED
(A) Open Water 11 ft, 1,784 ft' shaded
9,600 W incorp
IF (B) High Ground 26,642 W
--- =1
(E) Total Area Disturbed: 36,253 ft2
(F) Primary Nursery Area: No
(G) Water Classification: SB; Sw, NSW Open: No
(H) Cultural Resources: None
Proiect Summary: The applicant wishes to replace an existing shed, construct a
residence, a 3-slip docking facility, and cap off an existing ramp with bulkhead
adjacent to the Trent River for private use at 412 Madam Moores Lane near New
Bern, Craven County.
Field Investigation Report:
Avolis
Page 2
Narrative Description:
The proposal is within the Trent River adjacent to 412 Madam Moores Lane in New Bern, Craven
County. This property is currently developed with a residence, shed, shoreline stabilization, boat
ramp, and a dilapidated pier. This proposal is for private residential use. The adjacent properties are
similarly developed. The nearest adjacent docking facility is approximately 200' to the southwest.
The elevation of the high ground on the property is approximately 15' above the normal water level.
Vegetation on the property mainly consists of lawn grasses and ornamental shrubs. There is
approximately 202' of shoreline on this 1.98-acre tract. The existing 271 square foot shed was built
in 1955 approximately 15' landward of the bulkhead.
Water depths in the project area range from —1.5' to —6.5' nwl. The subaqueous substrate is firm
without shell. There is not a Federal Channel in the nearby vicinity of the project area. There is not a
cultural resource in the project area. This waterbody is approximately 1,240' across at this location.
These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation
(SAV) was not observed, however historical data indicates the potential for this critical habitat. This
waterbody is closed to shellfish harvest and is classified as SB; Sw, NSW. This proposal is located
within the Neuse River basin.
Proposed Development:
The applicant is proposing to relocate/replace an existing shed, construct a 3-slip docking facility,
remove and cap an existing boat ramp by connecting and backfilling with bulkhead, and construct a
private residence adjacent to the Trent River. This proposal is located at 412 Madam Moores Lane
near New Bern, Craven County. This proposal would be for private residential use.
The applicant is proposing to demolish the existing dwelling, shed, pier, and boat ramp. The
applicant is proposing to construct a section of bulkhead and backfill where the boat ramp approach is
now. The proposed wooden bulkhead would be I F long and would tie into the existing bulkhead on
either side of the existing ramp. The proposed shed would be 252 square feet and sited approximately
30' landward of the existing bulkhead. The proposed residential dwelling would be located
approximately 130' landward of the existing bulkhead.
The applicant is proposing to construct a 3-slip docking facility. The proposed pier would be 5' by
128'. It would provide access to a proposed wet slip on its north side that would be 60' by 24',
supported by eight tie pilings. On the nearshore south side of the proposed pier, the applicant is
proposing a 4' by 17' step down kayak launch.
On the south side of the proposed pier nearing its waterward terminus, the applicant is proposing a
covered platform and finger piers to support two boat lifts. The proposed covered platform would be
22' by 23'. A proposed finger pier would be 3' by 25' accessing a 12' by 14' boatlift. The other
proposed finger pier would be 5' by 65' and would wrap around a 13' by 13' boatlift. Water depths
within the areas of the 3 proposed slips range from -4.75' to -6. F nwl.
Brad Connell November 1, 2022 Morehead City
Field Investigation Report:
Avolis
Page 3
Anticipated Impacts:
This proposed 3-slip docking facility would be for private residential use. This docking facility
extends approximately 136' waterward. It would not extend beyond the established pier length along
this shoreline, as the longest residential dock 0.2 miles to the north is approximately 177' waterward
of the shoreline. The Trent River is approximately 1,240' across at this location.
The proposed docking facility would usurp 9,600 square feet of Public Trust waters. The proposed
bulkhead would fill 11 square feet of Public Trust waters and would fill 120 square feet of high
ground. The proposed shed relocation (from Zone 1) and replacement would impact 252 square feet
of Zone 2 of the Neuse River basin riparian buffer. The proposed high ground disturbance would be
approximately 0.6 acres.
Traditional construction methodology would be utilized during the construction of this project.
Turbidity impacts are not anticipated during the construction activities within the Trent River. This
waterbody is not classified as a Primary Nursery Area. Historical data indicates that there may be
SAV present within the project area. This waterbody is closed to shellfish harvest. There is not a
Federal Channel in the nearby vicinity of the project area.
Brad Connell November 1, 2022 Morehead City
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 1, 2022
MEMORANDUM
�nEQ
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg.bodnara_NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Kevin Avolis
Project Location: 412 Madam Moores Ln, Craven County
Proposed Project: 3 slip docking facility
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 November 22, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
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**
PRINT NAME
AGENCY
SIGNATURE
DATE
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 Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
NORTH CAROUNA -
Oepadment01EnWronmenmlQuality /� 252.808.2808
BK 3738 PG 1166 - 1169 (4)
This Document eRecorded:
Fee: $26.00 DocType: DEED
Craven County, North Carolina
Sherri B. Richard, Register of Deeds
Prepared by:
Return to
Property was Grantors primary residence
DOC# 10102069
08/22/2022 03.42.22 PM
Tax: $2,200.00
WARRANTY DEED
Patrick D. Holmes
WHITE & ALLEN, P.A.
Without Title Exam
Steven K. Bell
NORTH CAROLINA
Tax Stamps: $ 2Z
CRAVEN COUNTY Parcel No.: 7-004-011
r
THIS DEED, made this iZV day of _ , 2022, by PATRICK
E. DOHERTY, unmarried widower, whose address is 1210 Chatham Road,
Waynesboro, VA 22980, Grantor; to JOHN KELVIN AVOLIS and spouse, KIM
MARIE AVOLIS, whose address is�-
;) 3 51-.a
, Grantee;
WITNESSETH:
That Grantor, for a valuable consideration paid by Grantee, the receipt
of which is hereby acknowledged, has sold, and by these presents, does grant, bargain,
sell and convey unto Grantee, their heirs and assigns, in fee simple, that parcel of
land lying and being in Number Seven (7) Township, Craven County, North Carolina,
and more particularly described on Exhibit A attached hereto and incorporated
herein by reference.
Submitted electronically by "Steven K. Bell, Attorney at Law, PC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Craven County Register of Deeds.
BK 3738 PG 1167 DOC# 10102069
This property was conveyed to Grantor by Deed recorded in the above
named County Registry in Book 1757, Page 628.
TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges
and appurtenances thereto belonging to the Grantee in fee simple.
And Grantor 'covenants with Grantee that Grantor is seized of said
premises in fee, has the right to convey the same in fee simple, that title is marketable
and free and clear of all liens, encumbrances or defects, including those which would
be revealed by a current and accurate survey of the Property, and Grantor will
warrant and defend the title against the claims of all persons whomsoever, subject to
ad valorem taxes for the current year (prorated through the date of settlement);
utility easements and unviolated covenants, conditions or restrictions that do not
materially affect the value of the Property; and such other liens, encumbrances or
defects as may be assumed or specifically approved by Grantee in writing.
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.
IN WITNESS WHEREOF, the Grantor has hereunto set their hand and
seal, the day and year first above written.
r
{SAL)
PATRICK E. DOHERTY
[132254-00001/3080494/11 2
BK 3738 PG 1168 DOC# 10102069
STATE OF NORTH CAROLINA
CRAVEN COUNTY
Personally appeared before me this day PATRICK E. DOHERTY being
personally known to me or identified by satisfactory evidence and acknowledged to
me his due voluntary execution of the foregoing instrument for the terms and
purposes therein set forth.
Witness my hand and notarial seal, this day of ,
2022.
R
Notary Public
My commission expires: _` Q o��
Notary seal or stamp must appear within this box.
[132254-00001/3080494/1] 3
BK 3738 PG 1169 DOC# 10102069
EXHIBIT A
Legal Description
All those certain lots or parcels of land lying and being situate in Number Seven (7)
Township, Craven County, North Carolina, and being more particularly described as
follows:
Being all of Lot Nos. Sixteen (16) and Seventeen (17) as same are shown and delineated on
that certain map entitled "Map of Sub -Division of COL. CHAS. S. BRYAN'S TRENT, RIVER
FARM" prepared by B. M. Potter, C.E., dated September, 1945 and recorded in Map Book 2,
at Page 118, of the Craven County Registry.
Being the same property conveyed to Grantor by deed recorded in Book 1757, Page 628,
Craven County Registry.
[132254-00001/3080489/11
I Kevin Avolis
From: J. Kevin Avolis
Sent: Friday, August 26, 2022 11:09 AM
To: 401 prefile@ncdenr.gov
Cc: kevinavolis@yahoo.com; Brad Connell
Subject: Pre -Filing Notification - 412 Madam Moore Lane, New Bern, Craven County
Sir/ Madam,
This email is to serve as 30 day pre -filling notification for a CAMA Major Permit submission to be made to the Division of
Coastal Management (Morehead City Office) for John Kevin & Kim Avolis Residence — Pier Construction.
Property Address: 412 Madam Moore Lane
New Bern, Craven County, North Carolina 28562
Contact Information: Kevin Avolis
102 Creekview Road
New Bern, Craven County, North Carolina 28562
252.671.9333 Cell
252.633.0068 Office
Sincerely,
J. Kevin Avolis, PE
Avolis Engineering, PA - Vice President
252.633.0068
5405 Morton Road, New Bern, NC 28562
J. Kevin Avolis
From: 401 PreFile <401 PreFile@ncdenr.gov>
Sent: Friday, August 26, 2022 11:09 AM
To: J. Kevin Avolis
Subject: Automatic reply: [External] Pre -Filing Notification - 412 Madam Moore Lane, New Bern,
Craven County
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be
returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the
Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of
the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401
Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must
request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R.
§121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting
request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing
meeting request documentation does not constitute a "certification request." As a result of the reinstatement
of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have
documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401
Certification application will be returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).
For Non -Transportation Central Staff:
https:Hdeg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401-
buffer-permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https:Hdeg.nc.gov/about/d ivisions/water-resources/water-resources-permits/transportation-
perm itti ng/staff-contacts
PROJECT NARRATIVE
Residential Pier and Dock House
John Kevin And Kim Maria Avolis
412 Madam Moores Lane
New Bern, North Carolina
BACKGROUND:
Kevin and Kim Avolis are the owners of the property located at 412 Madam Moores Lane in New Bern,
Craven County, North Carolina. The property covers a total area of 86,249 SF, 1.98 acres and is located
on the Trent River. The Trent River at this location has a surface water classification of SB, Sw, NSW and
a Stream Index of 27-101-(039). The property exists at an average elevation of approximately 15' above
normal water level. Neuse Riparian Buffer areas and CAMA Areas of Environmental Concern (AEC) exist
on the property as delineated on the site plan.
The property has been developed for single-family residential use since the 1950's. A two-story
residence is located on the site, is in poor condition, and is slated for demolition in the near future. A
new single-family residence will be built on the site at some point in the future.
There have been multiple piers constructed on the property over the years. Remnants of the last pier,
damaged by past storm events, is present on the stie. These remnants include piles, stringers, etc. and
are proposed to be removed during new pier construction.
A deteriorated concrete boat ramp is present on the property. It is proposed that the boat ramp be
removed. Only the concrete mass will be removed. No other bottom or ground disturbance will occur.
There is a wooden bulkhead present across the entire waterfront area of the property with the
exception of the gap present at the boat ramp. Upon boat ramp demolition, it is proposed that the
bulkhead gap be closed with a new wooden bulkhead to match the existing.
A 271 square foot (drip line) concrete block boathouse exists adjacent to the waterfront area. The
existing structure is located entirely within the 50 foot Neuse Riparian Buffer area and partially within
the 30 foot CAMA AEC area. The boathouse is in poor condition and is proposed to be replaced. It is
proposed that a 252 square foot (drip line) dock house be constructed as shown on the site plans. The
new dock house is positioned to be landward of the 30 foot CAMA AEC limit and 30 foot Zone 1, Neuse
Riparian Buffer easement.
The existing boathouse structure is a non -conforming structure pursuant to the current Rules.
Replacement of the structure is allowable if the following criteria are met.
1. Structure was built prior to the effective date of the Rules.
The existing structure was constructed prior to 1977. The structure is visible at the head of the
pier on the attached 1974 aerial photograph. The Craven County tax records indicate the
structure was built in 1955. The effective date of Rule 15A NCAC 07J .0211 is listed as 1977.
This criteria is satisfied.
2. The structure shall not be enlarged beyond its original dimensions.
The new structure is proposed to be built slightly smaller than the existing structure. The
proposed square footage of the structure (drip line) does not exceed the existing structure (drip
line).
This criteria is satisfied.
3. The structure will serve the same or similar use.
The proposed structure will be used for the same purposes as the existing structure and is
consistent with the current and former use of the existing structure.
This criteria is satisfied.
4. There are no practical alternatives for replacing the structure to provide the same or similar
benefits in compliance with the current Rules.
The current Rules will not allow the construction of a new structure adjacent to the water where
none presently exists. It is not possible to capture the aesthetic or useful features of the
structure constructed landward of the CAMA AEC or Neuse Riparian Buffer area.
The proposed structure has been shifted slightly to a more environmentally friendly position it
landward of the 30 CAMA AEC and 30 foot Zone 1, Neuse Riparian Buffer.
This criteria is satisfied.
5. The structure will be rebuilt to comply with the current Rules to the maximum extent
possible.
The new structure will be constructed to comply with the current Rules to the extent possible
and to fully comply with Building Code Requirements.
This criteria is satisfied.
PROJECT SUMMARY:
The proposed demolition activities are proposed:
Removal of remnant existing pier structure.
Removal of concrete boat ramp.
Removal of existing boathouse.
The proposed new construction includes the following:
1. Construction of new pier, including walkway, platform, finger pier, (1) wet slip, (2) boat lifts,
dock shelter.
Construction of new dock house on adjacent shoreline.
Installation of wood bulkhead to close gap created by boat ramp demolition.
CONSTRUCTION METHODS:
Construction will occur utilizing traditional construction methods. Pier construction will occur utilizing
primarily barge -mounted equipment such as excavators, pile drivers, and hand tools. Boat ramp and
dock house demolition will occur through land based equipment. Excavators and dump trucks will be
utilized to complete this demolition. The new dock house will be constructed utilizing conventional
hand tools.
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.
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