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HomeMy WebLinkAbout20220855 Ver 2_CAMA Application_20230424DIVISION OF COASTAL MANAGEMENT Fnviranmenra! FIELD INVESTIGATION REPORT QG<)Ilty 1. APPLICANT'S NAME: South State Development, LLC 2. LOCATION OF PROJECT SITE: 215 Pearson Cir Newport, NC 28570 Longitude:-76.94482 Latitude: 34.71953 3. INVESTIGATION TYPE: 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 4/19/2023 Site Visit No 5. PROCESSING PROCEDURE - Application Received Application Complete I Regional Office 4/6/2023 4/17/2023 1 DCM - Morehead City Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: Carteret County Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Estuarine and Ocean System, Coastal Shoreline, Estuarine Shoreline, Public Trust Shoreline, Coastal Wetlands, Public Trust Areas, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing: N/A Planned: N/A (F) Type of Structures: Existing: Boat Ramp, Boat ramp, Bulkhead(wood) Planned: Excavation(dredge), Boat basin(slip), Boat lift, Boat slips, Finger pier, Gazebo, Platform, Bulkhead(vinyl), Boardwalk, Misc. building, Elevated accessway(marsh) (G) Estimated Annual Rate of Erosion: Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED ft2 FILLED (ft) OTHER (ft) A Open Water CW's above NHW C CW's below NHW Shallow Bottom 7200 High Ground Non -Coastal WL (E) Total Area Disturbed: 17500 W (F) Primary Nursery Area: No (G) Water Classification: HQW: High Quality Waters; SA: Market Shellfishing, Tidal Field Investigation Report: South State Development, LLC DCM Major Permit Page I Salt Water Open to Shellfishing: No Field Investigation Report: South State Development, LLC DCM Major Permit Page 12 8. PROJECT SUMMARY: The applicant is proposing to construct a 24-slip private/community docking facility with a structural pedestrian water access, upland gazebo, bulkhead replacement, dredging for the proposed slips as well as an individual residential pier with one boat slip to serve the single- family residence which would not be associated with the BOBC HOA dock. There is a single- family residence with a pier on the east side of the tract. The community docking facility would serve as an amenity for the Bluffs on Broad Creek (BOBC) Subdivision. The total number of slips for the community docking facility and the single-family individual docking facility would not exceed 25. 9. NARRATIVE DESCRIPTION: The South State Development, LLC proposal for the Bluffs on Broad Creek is located at 215 Pearson Circle, Newport, Carteret County. The existing 0.65-acre tract is located off Highway 24, turning south onto Pearson Circle entrance. Broad Creek runs along the east side of the property. The property has approximately 655 linear feet of shoreline along Broad Creek. On the south side of the property, most upland vegetation consists of shrubs and lawn grasses. There is a 0.7-acre (I 172sgft) elevated hummock in the northern portion of the tract contains transitional upland vegetation such as sea oxeye, pines, junipers, wax myrtle, and yaupon. Coastal wetlands contain primarily Spartina alterniflora and Juncus romerianus with sparse presence of Spartina patens and Salicornia virginica. There are no submerged aquatic vegetation present in the area and minimum oyster population present. The project area is not designated as a Primary Nursery Area (PNA), but PNA is present approximately a 1/4 mile north of the project area in Broad Creek. The waters of Broad Creek are classified as SA, HQW. Broad Creek is permanently closed to the harvest of shellfish. The marked channel of Broad Creek has a depth of -4 feet NLW. The water body is approximately 864' feet wide at the project site. Water depths around the proposed boat slips range from -1.1 feet normal low water (NLW) nearshore and descends to -2.9 feet NLW at the proposed dock's offshore terminus. The bottom substrate is soft unconsolidated sediment. The tract has a old concrete boat ramp, an existing 212' wooden bulkhead, and a permitted single-family residence on the southern end of the tract. 10. PROJECT DESCRIPTION: The current proposal is for the development of a residential community docking facility as an amenity to The Bluffs on Broad Creek (BOBC) Subdivision. A riparian easement was deeded to the BOBC HOA. An approximately 130'x6' wide slatted structural accessway elevated 36" above marsh substrate would connect the BOBC community in the deeded easement. The accessway would start by road rights -of -way and proceed east across the marsh approximately 35' in length. The access would connect onto a 10' x 12' deck platform on the upland area located outside of the CAMA 30' buffer. The dock access would resume waterward bearing southeast approximately 95' to the dock. The proposed dock contains 24, 14'x26' slips with 12'xI2' lifts. Each pair of slips would share a 4'x26' finger pier for a total of 14 finger piers. The entire length of the dock will extend 216' from the waterward edge of coastal wetlands. The proposal would incorporate 10,296sgft. The docking facility would not incorporate marina services except for the appropriate electrical Field Investigation Report: South State Development, LLC DCM Major Permit Page 13 power required for lighting and boatlifts and a water supply line. A proposed 70'x80' parking area for the docking facility will be located outside the CAMA Area of Environmental Concern. The proposed dock parking area would be in the Bluffs on Broad Creek (BOBC) on BOBC subdivision common area between Lots 29 and 20. The parking area would be located outside of any CAMA Area of Environmental Concern and stormwater buffer area. The water access and dock would be exclusively for the BOBC property owners. The designated parking would meet Carteret County's minimum parking spaces requirement, or 11 spaces in this case. The driveway to the parking area would be 24' wide. The 70' x 80' parking area and the access to the parking would be constructed with 4" inches of 957 stone placed over filter fabric. The access road and parking area would be located outside the 50' stormwater vegetated setback. A 6' wide x 340' long elevated and slatted structural accessway would provide pedestrian access to the docking facility. Dock construction would be by work barge and mechanized equipment utilizing a vibralory head attachment for the pile embedment. The existing 212' wooden bulkhead will be refaced with vinyl and have an upland area of disturbance limited to 25' from the bulkhead. Backfill would be from an upland source. The development will also have bottom excavation of approximately 7200 square feet within the western portion of the proposed docking facility. The near -shore water depths at the proposed dock location are -1.1 to -1.7 feet NL.W. An average of 2 feet of substrate bottom would be excavated to achieve adequate water depth of -3 NLW, for a total of 533 cubic yards of excavated material. The connecting water depth of Broad Creek is 4° NLW at the marked channel. The bottom excavation would be done by clam -shell bucket to barge and offloaded at the existing ramp area. Sedimentation control measures would be in place to prevent sediment spillage from entering adjacent wetlands and waterbody. Excavation would a minimum of 10' feet from the edge of any coastal wetlands. Spoil material would be stored offsite on upland property owned by the applicant. The applicants are also proposing an individual residential pier with one boat slip which would not be associated with the BOBC HOA dock and would serve only the single-family residence. The 6' wide dock would extend waterward 72' from the bulkhead to the waterward end of the dock platform. The platform would be a flag -shaped 12' x 12' (144sf) platform extending to the north at the terminus of the dock. The boat slip would be a 13' x 13' boat lift on the north side of the platform. The water depth at the area of the proposed single-family dock platform and boat lift is approximately -2' NLW. The dock would be a minimum of 16' or greater from the south riparian access line shared with the Smith's. 11. ANTICIPATED IMPACTS: The proposed docks, platforms, boatlifts and finger piers would shade and incorporate 11,832sgft of estuarine bottom and Public Trust open water. The pier would shade and incorporate 225sgft over coastal wetlands. The gazebo located on the elevated hummock will be 264sgft with a 1' overhang in the CAMA AEC. There will be 7200sgft of shallow bottom dredging under the proposed docking facility for a total of approximately 533 cubic yards of removed material. The dock would be within the pier -head alignment which was established by the Division of Coastal Field Investigation Report: South State Development, LLC DCM Major Permit Page 14 Management. The proposed docking facility would also meet the minimum 15' setback from the riparian access lines. The increase in suspended sediment and turbidity levels from the piling placement would be temporary, occur while the piling placement and dredging is taking place. Name: Wayne Hall Date: 04-24-2023 Office: DCM - Morehead City Regional Office Field Investigation Report: South State Development, LLC DCM Major Permit Page 15 Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1044 DCM Major Permit 04-06-2023 04-17-2023 07-08-2023 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Business/Company South State Development, LLC South State Development, LLC elijahm@mortontrucking.com 9105487575 Physical Address Mailing Address Street 1 1 City State Zip Street 1 City State I Zip 121 Garnet Lane I Jacksonville NC 28546 121 Garnet Lane Jacksonville NC 1 28546 Registered Agent Information Agent Type Title Business Name Email Business Phone Mobile Phone Name Business/Company Tidewater Tidewater rbrownlow@tidewaterenc.com 252.393.6101 2525039796 Associates, Inc. Associates, Inc. Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 604 E Cedar Point Cedar North 28584 604 E Cedar Point Blvd Cedar Point North 28584 Blvd Point Carolina Carolina Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) The Bluffs on Broad Creek Amenity Site & Community Dock Private/Community 17500 Sq. Ft. / 0.4 Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: Specifically for this tract: CAMA Minor Development Permit No.CA22-0109 (issued by the Carteret Co. LPO) For the subdivision development: USACE SAW: SAW-2022-02251; NCDEMLR SED & EC: C.O.C.: NCC222239; STORMWATER: SWA 000151 Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 215 Pearson Cir Newport, NC 28570 Carteret White Oak The Bluffs on Broad Creek 631502794239000 34.71953 -76.94482 Project Discharges to State Waters Discharge Type Surface Runoff Sanitary Wastewater Industry/Commercial Effluent Vessel I Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed False False False Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: Existing wooden bulkhead; existing dilapidated boat ramp; New single-family residence currently under construction by owner Existing Land Uses: Residential Existing Wastewater Treatment/Disposal: Located within the Bluffs on Broad Creek subdivision Solid Waste/Fish Offal/Trash Disposal: None to be provided onsite. Carteret County provides waste disposal for unincorporated areas such as this. Use and Daily Operations of the Project When Complete Proposed Development Purpose: Proposed private 24-slip, private, non -transient, residential community dock; structural pedestrian water access; bulkhead refacing; bottom excavation; and a 11-space designated parking area (outside of CAMA AEC) within the Bluffs on Broad Creek subdivision with a walkway to the water access, as an amenity to the Bluffs on Broad Creek subdivision. There is also a proposed single-family residential dock with a boatlift proposed to serve a single-family residence that is currently under construction. No marina services provided (i.e, fuel, washdown) Buildings/Facilities/Units/Structures: A private 24-slip, private, non -transient, residential community dock; elevated structural pedestrian water access; refacing existing wooden bulkhead with vinyl sheeting; bottom excavation; and a 11-space designated parking area (outside of CAMA AEC) within the Bluffs on Broad Creek subdivision with a walkway to the water access, as an amenity to the Bluffs on Broad Creek subdivision. There is also a proposed single-family residential dock with a boatlift proposed to serve a previously permitted single-family residence that is currently under construction (permits for the residence were obtained by the Horizons East, LLC). An elevated structural accessway would provide access to the dock. A 10' x 12' unenclosed, covered gazebo would be constructed outside the CAMA 30' buffer on the upland hummock along the water access to the dock. Use & Daily Operations: Private, community / residential use for water access and water -dependent activities and boat mooring; and the single boat -slip pier would serve the single-family residence only. Construction Methodology & Equipment: Dock construction would be by work barge and mechanized equipment with vibratory head pile driving attachment; bottom excavation would be "bucket to barge" method with offloading occurring at the existing boat ramp onto dump trucks. Spoils would be placed offsite on an upland location on property owned by South State Development. Appropriate containment methods such as sediment fencing would be installed prior to offloading spoils to prevent spillage from going back into the waterbody or runoff into adjacent wetlands. Excavation would be a minimum of 10' or greater from any wetlands or existing structures. All structural water accessways would be elevated a minimum of 36" inches above the marsh substrate to the bottom of the decking. The proposed viny sheeting for the bulkhead refacing would be done by mechanized equipment with vibratory pile driving head attachments. Development Activities Narrative Specifics: Please see the attached Project Site Description and Project Narrative for complete details. Application Narrative: South State Development, LLC is proposing a private residential community docking facility to serve as an amenity to the Bluffs on Broad Creek (BOBC) Subdivision. The property is located off Hwy 24, turning south onto the Pearson Circle entrance adjacent to Broad Creek, and is located about a quarter mile on the left (east) at 215 Pearson Circle, Newport, in Carteret County. The owner of the .65-acre tract, Horizons East, LLC, has provided a deeded easement for the Bluffs on Broad Creek (BOBC) property owners to access the water and docking facilities. The easement is on the north end of 215 Pearson Circle. The water dependent amenities would include a structural water access, a gazebo with deck on the water access, and a private 24-slip, non -transient, the Bluffs on Broad Creek residential community docking facility. Off -site parking would be provided within the Bluffs on Broad Creek subdivision with a structural pedestrian accessway from the parking area to the dock. The property has 655 linear feet of shoreline frontage along Broad Creek. Broad Creek is contiguous to Bogue Sound to the south. It is bordered to the north by the Miller's residential property, to the east by Broad Creek, to the south by the Smith's residential property, and to the west by Pearson Circle and the recently developed Bluffs on Broad Creek subdivision on the west side of Pearson Circle. The water body is approximately 864' feet wide at the project site. Water depths around the proposed boat slips range from -1.1 feet normal low water (NLW) nearshore and descends to -2.9 feet NLW at the proposed dock's offshore terminus. The bottom substrate is soft unconsolidated sediment. There are coastal wetlands on the property primarily populated by Spartina alterniflora and Juncus romerianus. There is an upland vegetation transitional zone along the perimeter of the elevated hummock in the northern half of the property. There are no Submerged Aquatic Vegetation (SAV) present in the project area as per the initial SAV assessment and a sparce oyster population along the edge of the marsh shoreline. This is not a Primary Nursery Area (PNA) although there is a PNA located .23 mile to the north of Broad Creek Bridge. The waters of Broad Creek are classified as SA, HQW. Broad Creek is permanently closed to the harvest of shellfish. The marked channel of Broad Creek has a depth of -4 feet NLW. At the time of this narrative, except for an existing concrete boat ramp and existing wooden bulkhead, the property is vacant and undeveloped, however, there is a permitted single-family residence under construction on the southern end of the tract. The northern portion of the property consists mainly of coastal wetlands and woody transitional shrub wetland vegetation. There is a 1,172 square feet area (.07 acre) upland hummock. The hummock consists of pines, junipers, wax myrtle, and yaupon. Smooth Cordgrass and Black Needlerush wetland species surround the perimeter. The vacant upland area on the south of the tract has an approximate elevation of 4' NHW and is vegetated with yard grass. There is an existing dilapidated concrete boat ramp on this section and an existing wooden bulkhead that is nearing the end of its useful life. South State Development, LLC is proposing to construct a residential community docking facility as an amenity to The Bluffs on Broad Creek (BOBC) subdivision. The docking facility would be accessed through a riparian easement deeded to the BOBC homeowners' association (DB 1784, P. 270). The proposed structural water-accessway would be 6' in width, slatted deck construction, and elevated a minimum of 3' above the marsh substrate to the bottom of the access decking. The access would start at or near the road rights -of -way and proceed east across the marsh approximately 35' in length. The access would connect onto a 10' x 12' deck platform on the upland area located outside of the CAMA 30' buffer. The dock access would resume waterward bearing southeast approximately 95' to the dock. This location was chosen to provide ample open space between neighboring docks and to minimize excavation due to a sediment shoal along the north end of the riparian access area. The 6' wide dock would extend 216' from the waterward edge of the marsh which would comply with the "%width rule" at the project's location. The dock would consist of 24 boat slips to accommodate Class 1-, or 16' to 24'-foot center console type boats. Each slip would be 14' x 26' and would have a 12' x 12' boatlift. Each pair of slips would share a common 4' x 26' finger pier, 14 in total, for access to each boat slip. The dock proposal complies with the 27sf rule [NCAC 7H .0208 for residential development by using 10,296 square feet [(198 x 26)*2] of the allowable 17,685 square feet (655 If of shoreline x 27). The docking facility would not provide marina services (i.e., fuel) but would provide electrical power for lighting and boatlifts and a water supply line. The dock would be within the pier -head alignment which was established by the Division of Coastal Management. The docking facility would be maintained by the BOBC HOA once the HOA assumes ownership. The proposed dock parking area would be in the Bluffs on Broad Creek (BOBC) on BOBC subdivision common area between Lots 29 and 20. The parking area would be located outside of any CAMA Area of Environmental Concern and stormwater buffer area. The water access and dock would be exclusively for the BOBC property owners. The designated parking would meet Carteret County's minimum parking spaces requirement, or 11 spaces in this case. The driveway to the parking area would be 24' wide. The 70' x 80' parking area and the access to the parking would be constructed with 4" inches of #57 stone placed over filter fabric. The access road and parking area would be located outside the 50' stormwater vegetated setback. A 6' wide x 340' long elevated and slatted structural accessway would provide pedestrian access to the docking facility. Dock construction would be by work barge and mechanized equipment utilizing a vibratory head attachment for the pile embedment. There are no re -development plans for the existing dilapidated concrete boat ramp. The existing 212 linear foot wooden bulkhead would remain in place and would be refaced with vinyl sheeting immediately adjacent to the existing wall. There would be a 25' tie -back corridor landward of the proposed vinyl refacing. Backfill, if needed, would be from an upland source. Mechanized equipment with a vibratory head attachment would be used to drive the vinyl sheeting. Bottom excavation would be anticipated in a 7,200 square feet rectangular -shaped area within the dock and boat slip area. The near -shore water depths at the proposed dock location are -1.1 to -1.7 feet NLW. An average of 2 feet of substrate bottom would be excavated to achieve adequate water depth of -3 NLW, for a total of 533 cubic yards of excavated material. The connecting water depth of Broad Creek is -4' NLW at the marked channel. The bottom excavation would be done by clam -shell bucket to barge and off loaded at the existing ramp area. Sedimentation control measures would be in place to prevent sediment spillage from entering adjacent wetlands and waterbody. Excavation would a minimum of 10' feet from the edge of any coastal wetlands. Spoil material would be stored offsite on upland property owned by the applicant. The applicants are also proposing an individual residential pier with one boat slip which would not be associated with the BOBC HOA dock and would serve only the single-family residence. The 6' wide dock would extend waterward 72' from the bulkhead to the waterward end of the dock platform. The platform would be a flag -shaped 12' x 12' (144sf) platform extending to the north at the terminus of the dock. The boat slip would be a 13' x 13' boat lift on the north side of the platform. The water depth at the area of the proposed single-family dock platform and boat lift is approximately -2' NLW. The dock would be a minimum of 16' or greater from the south riparian access line shared with the Smith's. There would be 25 total cumulative number of slips between the community dock and single-family dock. The applicants may be considering a dock in the future, adjacent to and south of the proposed community dock, that would provide 18 to 20 additional slips exclusively to the residents along Pearson Circle pending Carteret County approval and interest from the property owners. These slips would be for sale exclusively to property owners within the original platted subdivisions along Pearson Circle. The plan for this second dock, while presented at the interagency scoping meeting, is only tentative at this time. If this plan moves forward, it would be a separate CAMA permit request, or permit modification, at a future date. 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. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: True Has There Been Erosion in the Preceding 12 Months Amount of Erosion (Feet Within the Past 12 Months) True 1 1 Source of Erosion Amount Information Wind generated wave action, tide cycles, boat wake, marsh substrate dynamics Shoreline Stabilization Type of Stabilization Describe "Other" Stabilization Bulkhead Type of Stabilization Material Describe "Other" Stabilization Material Vinyl Length Width Avg Distance Waterward of NWH/NWL Max Distance Waterward of NHW/NWL 212 1 1 1 Sq Ft of Fill to be Placed Below Water Level Type of Fill Material Source of Fill Material 0 Earth Applicant's upland property How Will Fill Material be Kept on Site and Erosion Controlled Back fill is not anticipated with bulkhead "refacing," however if needed, it would be between walls Will Wetlands be Crossed in Transporting Equipment to Project Site Explain Steps Taken to Avoid/Minimize Environmental Impact True Materials would be either hand carried due to close proximity, equipment would have wide tires and/or logging mats/metal tracks would be used, most work would occur from the work barge or upland area, any ruts in substrate would be restored to pre -development grade, contour, and elevation. All lumber waste would be removed from site upon completion of work, Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: True Docking Facilities Details Facility Use # of Tie Pilings Existing Slips New Slips Private/Community 0 0 25 Piers & Docking Facility Structures Structure Type Length Width Quantity Fixed Piers 198 6.0 1 Fixed Piers 72 6.0 1 Fixed Finger Piers 26 4.0 14 Fixed Platforms 12 12.0 1 Boatlift 13 13.0 25 Freestanding Moorings & Buoys Associated With This Docking Facility Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips False Buoy Details: Moorings & Buoys Details Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth Excavation Development Activity Included: True Excavation Details Amount & Type of Material to be Excavated From Below NHW or NWL Volume (Cu Yds) Area (Scl Ft) Type of Material "Other" Material Description 533 7,200.00 Mud/Fines Will Material Be Excavated From Any Of The Following Areas Area Sq. Ft. Affected Purpose of Fill in This Area Coastal Wetland/Marsh (CW) Submerged Aquatic Vegetation (SAV) Shell Bottom (SB) Other Non -Coastal Wetlands (WL) Wetlands Crossed Transporting Equipment to Site Steps Taken to Avoid/Minimize Environmental Impact False Excavation Purposes Purpose Length Width I Avg Existing Depth Final Project Depth Excavation Disposal Area Details Disposal Area Name Available for Maintenance Location of Disposal Area Do You Claim Title Frazier Pit I Yes Fraziers Pit; 34.727076,-77.198284 Yes Is Disposal Area Within Area of Environmental Concern Disposal Area Length Disposal Area Width No 710.00 590.00 Does Disposal Area Include Any Of The Following Areas Area Sq. Ft. Affected Purpose of Fill in This Area Coastal Wetland/Marsh (CW) Submerged Aquatic Vegetation (SAV) Shell Bottom (SB) Other Non -Coastal Wetlands (WL) Open Water (OW) How Will Excavated or Fill Material at the Disposal Area be Kept on Site and Erosion Controlled Active mining site owned by the applicant with established sedimentation and erosion control features and BMPs put into practice. Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: False "Upland Development" Development Activity Included: True Upland Development Details # of Lots/Parcels Created Lots Platted & Recorded Date #Residential Units Units per Acre Area Size to be Disturbed (sq ft) Tract Has State or Local Approval 1 6/6/2022 1 1 17500 True Date Site Development Plan Submitted Date Sedimentation & Erosion Control Plan Submitted Impervious Coverage (% Within AEC) Impervious Coverage (% of Entire Tract) Project Includes Innovative Stormwate Design 0.02 0.00 False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) Typical Boat Length Other Boat Type (Describe) Open runabout 21 1 Class 1 Type, 16-24' in length, mostly center console Adj Riparian Property Line #1 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #2 (Proximity of Structure Nearest to Property Line) Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) 150 16 Width of Water Body Water Depth @ Waterward End of Structure (NLW or NWL) Water Depth @ Most Landward Boat Slip (NLW or NWL) Water Depth @ Most Waterward Boat Slip (NLW or NWL) 864 -3 1 -1 -3 Navigational Aids Required Number of Buoys Number of Day Markers Min Distance of Each Aid Placed Beyond Shoreline Max Distance of Each Aid Placed Beyond Shoreline False Marina Development Activity Details Required Marina Details These questions are applicable if there are a combined number of slips of 10 or more across all development activities Repair or Maintenance Services Travel Lift and/or Rail Fuel & Marine Supplies Dry Storage (# of Boats) Lease of Slips Other Services False False False False False Detailed Plan - Location of Repair/Maintenance Services & Efforts to Contain Debris/Runoff From Entering Adjacent Wetlands/Water Bodies Provide a Detailed Plan of the Location of Fuel Handling Facilities & Describe Safety Measures Planned to Protect Water Quality Other Services (Detailed Description) Industrial Pollutants Being Used (Paint, Sandblasting Waste, Petroleum Products, Vessel Maintenance Operations) Industrial Pollutants Management Plan False # of Toilets # of Showers Location of Toilets Boat Holding Tank Pumpouts Existing Pumpouts Proposed Pumpouts Pumpouts— Location of Each Pumpouts—Type of Each False How Will Overboard Discharge of Sewage From Boats be Controlled Number of Channel Marker or No Wake Signs Proposed Provide Details to the Type of Signage and Location of the Signs Signs 0 Sign would be posted at most waterward end of dock pilings and sign would be posted at landward dock access Marina Safety Policy on Overnight & Live Aboard Storage Marina Located Within or Close Proximity to Shellfish Lease Shellfish Lease Proximity to Marina Shellfish Leasholder(s) Name & Address No overnight or live aboard False O ti J 'a m O Ir *+ Q w N t� c�0 LL o d �+ O H �_ r � 2(3 .0O O oa E R N � O LLJ cru =LL m v d T 1 � 3 > A: _ * _ o-T (3 :D Im FL D CL__ O CC bib *1 .9 0 _ Im O v yc Lu C) = d Aft ai �± C y co vw IROOMP W H ,_ U3 > a =� � o � ea ? I— d O E L J OC O LCl. 13 z y R o Qs._� H 0 J O N R Q FOR REGISTRATION REGISTER OF DEEDS Karen S, Hardesty Carteret County, NC June 16, 2022 11:25:41 AM DEED # Pages: 2 Fee:$26,00 NC Revenue Stamp:$1,800,OC FILE # 1770468 e-7 4, gjt,$ NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1800 Parcel Identifier No. 631502794239000 Property address: 215 Pearson Circle Newport, NC 28570 Return to; Starling Law Firm, PLLC. Prepared By, Starling Law Firm, PLLC. 112 Old Bridge St. 112 Old Bridge St. racksonville, NC 28540 )2ek8nnv11le, NC 2SS40 Brief Description for the Index: 0.6 +/- Acres, Pearson Circle Tract THIS DEED made this _u day of Wy\L 2022, by and between GRANTOR NORRINE H. GRAY (A/K/A NORRINE ELIZABETH HUMPHREY GRAD and Husband, CALVIN GRAY Mailing Address: 9590 Pinecone Drive Cantonment, FL 32533 GRANTEE HORIZONS EAST, LLC A North Carolina Limited Liability Company Mailing Address: 104 Garnet Ln Jacksonville, NC 28540 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 or parcel of land situated in Carteret County, North Carolina and more particularly described as follows: BEING ALL OF THE 0,6 +/- Acre Tract depicted on the Boundary Survey entitled, "Tract on North Side of Pearson Circle" for Horizons East Building Co., LLC, surveyed by Tidewater Associates, Inc, and recorded in the plat shown in Map Book 34, Page 446, Carteret County Registry, reference to which is hereby made for a more particular description. SUBJECT to the Restrictive Covenants of record, if any, Carteret County Registry. A map showing the above -described property is recorded in Map Book 34, Page 446, Carteret County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. submitted electronically by "starling Law Firm, PLLC` in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret county Register of Deeds. STATE OF NORTH CAROLINA COUNTY OF CARTERET PREPARED BY: Starling Law Firm, PLLC. DEED OF EASEMENT THIS DEED OF EASEMENT, executed this _ day of , 2023, by and between HORIZONS EAST, LLC, A North Carolina Limited Liability Company, ITS SUCCESSORS AND ASSIGNS (hereinafter referred to as "Grantor") and SOUTH STATE DEVELOPMENT, LLC, A North Carolina Limited Liability Company, ITS SUCCESSORS AND ASSIGNS (hereinafter referred to as "Grantee"): WITNESSETH: THAT, WHEREAS, said Grantor is the owner, in fee simple, of a certain parcel of land commonly known as "215 Pearson Circle, Newport NC 28570", as further described in General Warranty Deed as recorded in Carteret County Registry, Instrument.#1770469, reference wo which is hereby made for a more particular description (hereinafter `.'Grantoi-.Property"); and WHEREAS, said Grantee is owner, hi. fee simple, of a certain parcel of land commonly known as "610 Pearson Circle, Newport, NC 28570"; as further. described in General Warranty Deed as recorded in Carteret County Registry, Instrument # 1770468, reference to which is hereby made for a more particular description (hereinafter "Grantee Property"), which is located across Pearson Circle from the Property; and WHEREAS, said Grantee intends to develop its parcel of land for the use and enjoyment of the Bluffs on Broad Creek Community Homeowner's Association (hereinafter "Association"), to include current and future:lot owners along with tenants of lots which have active membership to the homeowner's association. WHEREAS, Grantee intends to construct the following on Grantor's Properly, which is located on the body of water commonly. known as `Broad Creek": two community boat docks with a total of forty-four boat slips with a boat ramp and launch pier between the community docks; an individual dock, platform, and boatlift; a gazebo, deck area, and landscaped natural area. All of which would require access to Grantor's Properly. See attached "Exhibit A" for a more particular description of the location of the proposed amenities; and WHEREAS, said Grantee has requested, and said Grantor has agreed to provide to Grantee, as well as the Association and its current and future lot owners and tenants, a perpetual easement for ingress, egress and regress and use purposes, as described below, to Grantor's Property; NOW, THEREFORE, said Grantor, for and in consideration of the sure of One Dollar ($1.00), to there in hand paid, does hereby give, grant, and convey unto the Grantee, its successors and assigns as well as the Association and its current and fixture lot owners and tenants, its successors and/or assigns, a perpetual right and easement for ingress, egress, and regress purposes to Grantor's Property and to the water, for access and use as described below: Recreational use of aforementioned amenities to include but not limited to sunbathing, swimming, kayaking, paddleboarding, canoeing, fishing, boating, and use of personal watercrafts. Access shall also include but not be limited to construction, repair, and maintenance of water and dock access and gazebo. Construction, repair and maintenance of community docking facilities with mooring devices such as but not limited to boatlifts, kayak launches, and boat ramp with accessory structures such as but not limited to a launch pier, preparation area for ramp launching and retrieving, dropping off and picking up of passengers, guests, and boating supplies to include but not limited to coolers, fishing, skiing, and other recreational equipment. Access to and into the water/waterway commonly known as Broad Creek. Excluded from this Easement, is the existing concrete boat ramp, as more clearly depicted in "Exhibit B", attached hereto. This easement sball be perpetual in length and time unless publicly terminated by a recorded document in Carteret County Register of Deeds; and shall apply to any and all future recreational water access, activities, and/or amenities constructed or located upon the Property.. This easement shall be for perpetual egress, ingress and regress purposes. To have and to hold said right and easement to the Grantee and their successors in title; it. being agreed that the right and casement hereby granted is appurtenant to and runs with the land now owned by the Grantee hereinabove referred to. IN TESTIMONY WHEREOF, said Grantors have hereunto set their hands and seal the day and year first above written. (SEAL.) JENNIFER MORTON, MANAGER (SEAL) ELIJAH MORTON, MANAGER SEAL -STAMP State of County I, a Notary Public of the County and State aforesaid, certify that JENNIFER MORTON AND ELIJAH MORTON personally came before me this day and acknowledged that they are MANAGERS of HORIZONS EAST, LLC a North Carolina Limited liability Company that they as MANAGERS, being authorized to do so, executed the foregoing on behalf of the Limited Liability Company. Notary Public TIDEWATER ASSOCIATES, INC. ENGINEERS • SURVEYORS • PLANNERS CEDARa w EST. 1961 LETTER OF TRANSMITTAL TO: NC Division of Coastal Management DATE: April 06, 2023 400 Commerce Ave REF: The Bluffs on Broad Creek Morehead City, NC 28557 ATTN: Wayne Hall Community Dock & Amenity Site CAMA Major Permit Application WE ARE PROVIDINGISENDING YOU: The CAMA Permit Application forms submitted through online Portal. The following documents are uploaded in the Portal Agent Authorization; Project Narrative; Pre -file documentation; Site Workplan Drawing, Dock Cross Section, and Water Depth Profiles, Deed & Easement draft; USFWS Determination & Dkeys; ARPO Notifications; and SAV assessment 17AIhjA11VATjl:1 ❑ Regular Marl ❑ Hand ❑ UPS Overnight ❑ UPS Ground THESE ARE TRANSMITTED AS CHECKED BELOW: X For Approval ❑ As Requested ❑ For Your Use ❑ For Bids Due X Other. CAMA MAJOR PERMIT APLI CATION COMMENTS: Please review for completeness of application. Please notify me immediately if additional information or documents are needed. Thankst ❑ Federal Express X Other DCM PORTAL X For Review and Comment earl ' jr W xlaw Roy Brownlow Environmental Specialist Email Copies To: Jennifer Ward, South State Development Tidewater Associates, Inc. Elijah Morton, South State Development RBrownlow@TidewaterENC.com Jonathan McDaniel, P.E., Tidewater Associates (if enclosures are not as noted, kindly notify us at once) 604E Cedar Point Blvd. I Cedar Point, NC 28584 j (252) 393 - 6101 Firm License Number F - 0108 1 www.tidewaterenc.com ENGINEERS • SURVEYORS • PLANNERS Major CAMA Development Permit Application South State Development, LLC The Bluffs on Broad Creek Community Dock, Water Access, Amenity Site 215 Pearson Circle Newport, Carteret County, North Carolina Proposed by: South State Development, LLC c/o Jennifer Ward, Managing Member 121 Garnet Stree Jacksonville, North Carolina 28546 April 6, 2023 Prepared by: Tidewater Associates, Inc. c/o Roy Brownlow, Environmental Specialist 604-E Cedar Point Boulevard Cedar Point, North Carolina 28584 Telephone: 252.393.6101 Firm license Number: F0108 AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: South State Development, L.LC; c/o Jennifer Ward, Managing Member Mailing Address: 121 Garnet Lane Jacksonville, NC 28546 Phone Number: (910) 548-7575 Email Address: 'ennifer southstatedevelo ment.com I certify that I have authorized, Roy Brownlow of Tidewater Associates, Inc. 604 E Cedar Point Blvd Cedar Point, NC 28584 (252) 393-6104 to act as the Authorized Agent on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: The Bluffs on Broad Creek Water Subdivision Water Access, Docking Facility and Amenity site. at my property located at Pearson Circle, Newport, in Carteret County; outparcel adjacent and north of 215 Pearson Circle. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer, and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property9.wpeT Information: Signature nnifer Ward t or Type Name Managing Member Title Date This certification is valid for one year for this project. TIDEWATER. ENGINEERS SURVEYORS PLANNERS POINTIMPRTH• EST. t461 Project Narrative The Bluffs on Broad Creek Community Water Access & Dock Amenity and Single -Family Residence Dock 215 Pearson Circle, Newport, Carteret County South State Development, LLC South State Development, LLC is proposing a private residential community docking facility to serve as an amenity to the Bluffs on Broad Creek (BOBC) Subdivision. The property is located off Hwy 24, turning south onto the Pearson Circle entrance adjacent to Broad Creek, and is located about a quarter mile on the left (east) at 215 Pearson Circle, Newport, in Carteret County. The owner of the .65-acre tract, Horizons East, LLC, has provided a deeded easement for the Bluffs on Broad Creek (BOBC) property owners to access the water and docking facilities. The easement is on the north end of 215 Pearson Circle. The water dependent amenities would include a structural water access, a gazebo with deck on the water access, and a private 24-slip, non -transient, the Bluffs on Broad Creek residential community docking facility. Off -site parking would be provided within the Bluffs on Broad Creek subdivision with a structural pedestrian accessway from the parking area to the dock. The property has 655 linear feet of shoreline frontage along Broad Creek. Broad Creek is contiguous to Bogue Sound to the south. It is bordered to the north by the Miller's residential property, to the east by Broad Creek, to the south by the Smith's residential property, and to;the west by Pearson Circle and the recently developed Bluffs on Broad Creek subdivision on the west side of Pearson Circle. The water body is approximately 864' feet wide at the project site. Water depths around the proposed boat slips range from -1.1 feet normal low water (NLW) nearshore and descends to -2.9 feet NLW at the proposed dock's offshore terminus. The bottom substrate is soft unconsolidated sediment. There are coastal wetlands on the property primarily populated by Spartina alterniflora and Juncus romerianus. There is an upland vegetation transitional zone along the perimeter of the elevated hummock in the northern half of the property. There are no Submerged Aquatic Vegetation (SAV) present in the project area as per the initial SAV assessment and a sparce oyster population along the edge of the marsh shoreline. This is not a Primary Nursery Area (PNA) although there is a PNA located .23 mile to the north of Broad Creek Bridge, The waters of Broad Creek are classified as SA, HQW. Broad Creek is permanently closed to the harvest of shellfish. The marked channel of Broad Creek has a depth of -4 feet NLW. At the time of this narrative, except for an existing concrete boat ramp and existing wooden bulkhead, the property is vacant and undeveloped, however, there is a permitted single-family residence under construction on the southern end of the tract. The northern portion of the property consists mainly of coastal wetlands and woody transitional shrub wetland vegetation. There is a 1,172 square feet area (.07 acre) upland hummock. The hummock consists of pines, junipers, wax myrtle, and yaupon. Smooth Cordgrass and Black Needlerush wetland species surround the perimeter. The vacant upland area on the south of the tract has an approximate elevation of 4' NHW and is vegetated with yard grass. There is an existing dilapidated concrete boat ramp on this section and an existing wooden bulkhead that is nearing the end of its useful life. South State Development, LLC is proposing to construct a residential community docking facility as an amenity to The Bluffs on Broad Creek (BOBC) subdivision. The docking facility would be accessed through a riparian easement deeded to the BOBC homeowners' association (DB 1784, P. 270). The proposed structural water- accessway would be 6' in width, slatted deck construction, and elevated a minimum of 3' above the marsh 604E Cedar Paint Blvd. I Cedar Point, NC 28584 1 (252) 393-6101 Firm License Number F-0108 Iwww.tidewaterene.com substrate to the bottom of the access decking. The access would start at or near the road rights -of -way and proceed east across the marsh approximately 35' in length. The access would connect onto a 10' x 12' deck platform on the upland area located outside of the CAMA 30' buffer. The dock access would resume waterward bearing southeast approximately 95' to the dock, This location was chosen to provide ample open space between neighboring docks and to minimize excavation due to a sediment shoal along the north end of the riparian access area, The 6' wide dock would extend 216' from the waterward edge of the marsh which would comply with the "'/ width rule" at the project's location. The dock would consist of 24 boat slips to accommodate Class 1-, or 16' to 24'-foot center console type boats. Each slip would be 14' x 26' and would have a 12' x 12' boatlift, Each pair of slips would share a common 4' x 26' finger pier, 14 in total, for access to each boat slip. The dock proposal complies with the 27sf rule [NCAC 7H .0208 for residential development by using 10,296 square feet [(198 x 26)*2] of the allowable 17,685 square feet (655 If of shoreline x 27). The docking facility would not provide marina services (i.e., fuel) but would provide electrical power for lighting and boatlifts and a water supply line. The dock would be within the pier -head alignment which was established by the Division of Coastal Management. The docking facility would be maintained by the BOBC HOA once the HOA assumes ownership. The proposed dock parking area would be in the Bluffs on Broad Creels (BOBC) on BOBC subdivision common area between Lots 29 and 20, The parking area would be located outside of any CAMA Area of Environmental Concern and stormwater buffer area. The water access and dock would be exclusively for the BOBC property owners. The designated parking would meet Carteret County's minimum parking spaces requirement, or 11 spaces in this case. The driveway to the parking area would be 24' wide. The 70' x 80' parking area and the access to the parking would be constructed with 4" inches of #57 stone placed over filter fabric. The access road and parking area would be located outside the 50' stormwater vegetated setback. A 6' wide x 340' long elevated and slatted structural accessway would provide pedestrian access to the docking facility. Dock construction would be by work barge and mechanized equipment utilizing a vibratory head attachment for the pile embedment. There are no re -development plans for the existing dilapidated concrete boat ramp. The existing 212 linear foot wooden bulkhead would remain in place and would be refaced with vinyl sheeting immediately adjacent to the existing wall. There would be a 25' tie -back corridor landward of the proposed vinyl refacing. Backfill, if needed, would be from an upland source. Mechanized equipment with a vibratory head attachment would be used to drive the vinyl sheeting. Bottom excavation would be anticipated in a 7,200 square feet rectangular -shaped area within the dock and boat slip area. The near -shore water depths at the proposed dock location are -1.1 to -1,7 feet NLW. An average of 2 feet of substrate bottom would be excavated to achieve adequate water depth of -3 NLW, for a total of 533 cubic yards of excavated material, The connecting water depth of Broad Creek is 4 NLW at the marked channel. The bottom excavation would be done by clam -shell bucket to barge and off loaded at the existing ramp area. Sedimentation control measures would be in place to prevent sediment spillage from entering adjacent wetlands and waterbody. Excavation would a minimum of 10' feet from the edge of any coastal wetlands, Spoil material would be stored offsite on upland property owned by the applicant. The applicants are also proposing an individual residential pier with one boat slip which would not be associated with the BOBC HOA dock and would serve only the single-family residence. The 6' wide dock would extend waterward 72' from the bulkhead to the waterward end of the dock platform. The platform would be a flag - shaped 12' x 12' (144sf) platform extending to the north at the terminus of the dock. The boat slip would be a 13' x 13' boat lift on the north side of the platform. The water depth at the area of the proposed single-family dock platform and boat lift is approximately -2' NLW. The dock would be a minimum of 16' or greater from the Page 2 of 4, Bluffs on Broad Creek Community Docking Amenity Proposal south riparian access line shared with the Smith's. There would be 25 total cumulative number of slips between the community dock and single-family dock. The applicants may be considering a dock in the future, adjacent to and south of the proposed community dock, that would provide 18 to 20 additional slips exclusively to the residents along Pearson Circle pending Carteret County approval and interest from the property owners. These slips would be for sale exclusively to property owners within the original platted subdivisions along Pearson Circle. The plan for this second dock, while presented at the interagency scoping meeting, is only tentative at this time. If this plan moves forward, it would be a separate CAMA permit request, or permit modification, at a future date. 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. 20.1 '�� March 30, 2023 Roy Brownlow of Tidewater Associates, Inc. Date Authorized Agent for South State Development, LLC Page 3 of 4, Bluffs on Broad Creek Community Docking Amenity Proposal THE BLUFFS ON BROAD CREEK COMMUNITY DOCK & AMENITY SITE PROPOSAL SITE INFORMATION March 30, 2023 APPLICANT'S NAME: South State Development, LLC AUTHORIZED AGENT'S NAME: Roy Brownlow, Tidewater Associates, Inc. LOCATION OF PROJECT SITE: Adjacent to 215 Pearson Circle, Newport, Carteret County Latitude: 34.719684 Longitude:-76.944785 PROJECT SUMMARY: Proposed private 24-slip non -transient residential community dock, structural pedestrian water access, bulkhead refacing; bottom excavation, and a 11-space designated parking area (outside of CAMA AEC) with walkway to the water access, as an amenity to the Bluffs on Broad Creek Subdivision. There is also a proposed single- family residential dock with a boatlift proposed to serve a single-family residence that is currently under construction. PERMIT(s) APPLYING FOR: CAMA Major Development 1 Dredge and Fill SITE OBSERVATION PROCEDURES: Date(s) of Site Visit: 04/01/2022 Non -Coastal Wetland Delineation: 05/10/2022 Depth Soundings Survey: 02/14/2023 SAV Assessment: 02/13/2023 PROCESSING PROCEDURE: • Preliminary/ Jurisdiction Determination (PJD) by USAGE: 05/10/2022 (regarding the upland subdivision development) • NCDWR 401 Certification Pre -file date: 01/20/2023 Interagency Scoping Meeting • CAMA Major Permit/State Dredge and Fill Application, Morehead City DCM District Office PREVIOUS PERMITS / AUTHORIZATIONS: USACE SAW: SAW-2022-02251 NCDEMLR SED & EC: C.O.C.: NCC222239 STORMWATER: SWA 000151 CAMA Minor Development Permit No.CA22-0109 (Carteret Co. LPO) SITE DESCRIPTION A. CAMA AEC(s) Involved: Coastal/Estuarine Shoreline, Coastal Wetlands, Estuarine Waters, Public Trust Area B. Proposed Project Use: Private Residential 1 Community Docking Facility (non -transient) C. Intended Land Use: Private Residential Water Access Area D. Wastewater Treatment: Community (for the Single -Family Residence) E. Type of Development: Existing: 24 Lot subdivision; dilapidated concrete boat ramp, wooden bulkhead, permitted single-family residence (under construction) Planned: Amenities to subdivision: water access, dock bulkhead refacing, excavation for access to dock slips F. Average Annual Rate of Erosion: NIA G. Total Area Disturbed: 17,500sf (.40 acre) upland parking area, water access, & gazebo H. Primary Nursery Area: No I. Water Classification: SA I HQW J. Open to Shellfish Harvesting: No K. River Basin: White Oak L. Cultural Resources None known or expected to be on or near the project area. HABITAT DESCRIPTION: Soft Shallow Bottom DREDGED or FILLED: Dredged: 7,200 sf SHADED: 11,832 total EWIPTA; 225 total over CW OTHER: 264sf gazebo roof w l' overhang Page 4 of 4, Bluffs on Broad Creels Community Docking Amenity Proposal North Carolina Department of Environmental Quality SCOPING MEETING REQUEST Please complete all the information below. Call and email the appropriate coordinator with the completed form. • Asheville Region - Alison Davidson 828-2964698; alison.davidsonfincdenr.gov • Fayetteville Region -- Johnathan Watts 910-433-3353; johnathan.watfs(cbncdenr.gov • Mooresville and Winston-Salem Regions -- Paul Williams 336-776-9631; paul.e.williams a(1.ncdenr.gov • Raleigh Region - David Lee 919-791-4204; dav1d.leena.ncdenr.gov • Washington Region - Lyn Hardison 252-948-3842; 1yn.hardison0,ncdenr.pov • Wilmington Region - Cameron Weaver 910-796-7265; cameron.weaver(q}ncdenr._gov Project Name: The Bluffs on Broad Creek Community Docking Facilities County: Carteret Applicant: Jennifer Ward, Manager Company: South State Development, LLC Address: 121 Garnet Street City: Jacksonville State: NC Zip: 28546 Phone: 910-5484575 Fax: Email: ienniferftsouthstatedevelopment.com Physical Location of Project: 215 Pearson Circle, Newport Engineer/Consultant: Jonathan McDaniel, PE & Roy Brownlow, Environmental Specialist Company: Tidewater Associates. Inc. Address: 604-E Cedar Point Blvd. City: Cedar Point Phone:252-393-6101 Fax: State: NC Zip: 28584 Email' Rbrownlow TidewaterENC.com Please provide a DETAILED project narrative, pdf site plan and a vicinity map with road names along with this Request form. The project narrative should include the following when available: Existing.Conditions- List of existing permits, previous project name(s) or owner name(s), existing compliance or pollution incidents, current conditions or development on site, size of tract, streams or wetlands on site, stream name and classification, historical significance of property, seasonal high water table elevation, riparian buffers, areas of environmental concern, setbacks Proposed- Full scope of project with development phase plan, acreage to be disturbed, wetlands to be disturbed, waste treatment & water supply proposed, soils report availability, % impervious surface, stormwater treatment and number of burps, public or private funding. *Relative To Wetlands — Federal and coastal wetlands must be delineated by a US Army Corps Regulatory Official, Coastal Management Field Rep or a qualified environmental consultant prior to undertaking work such as filling, excavating or land clearing. The delineations must be approved by the US Army Corps of Engineers (USACE) and/or the Division of Coastal Management. Wetland delineations are valid for a period not to exceed five years from date of USA CE approval, Please provide estimated investment & expected employment numbers: Jobs For the scoping meeting, it is best to provide a list of questions and topics of concern. It is helpful to know what you hope to gain from the meeting. Please have thoughts and presentations organized as much as possible to make the best use of time. Agencies Involved: Check all agencies that may be involved with project: ® Marine Fisheries ® National Marine Fisheries ® U.S. Fish & Wildlife ® NC Wildlife Resources ® Coastal Management ® Land Resources (® Stormwater ❑Erosion Control) ® U.S. Army Corps of Engineers ® Shellfish Sanitation ®Water Resources: (❑ 4011buffer ❑ NPDES ❑ Non -discharge ❑ Public Water Supply) ❑ Air Quality ❑ Solid Waste ❑ UST ❑ Hazardous Waste ❑ Other ❑ Other ❑ Other ❑ Other ❑ Other �� 2 NCDEQ scoping Meeting September 2022 rbrownlow@tidewaterenc.com Subject: Scoping Meeting -The Bluffs on Broad Creek Community Rocking Facilities -Newport - Carteret County Location: Jacksonville Tidewater Office Start: Fri 1 /20/2023 10:30 AM End: Fri 1/20/2023 12:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: Watts, Johnathan C Good morning and Happy New Year! This meeting has been arranged to discuss which permits and requirements may be needed relating to a proposed residential community docking facility, located adjacent to 215 Pearson Circle, Newport, Carteret County. The project in reference consists of two phases and will serve as an amenity to the Bluffs on Broad Creek Subdivision and to the property owners within Pearson Circle. During the meeting you will have an opportunity to learn more about the proposal and provide feedback on the plan. If you or your staff have more in-depth questions or need more information about the project prior to the meeting please contact Jennifer Ward, South State Development, i-I-C Jennifer@southstatedevelopment.com (910) 548-7575 or Roy Brownlow, Environmental Specialist, Tidewater Associates, Inc. RBrownlow@tidewaterenc.co_m_ Office: (252) 393-6101 or Jonathan McDaniel, P.E., Vice President, Tidewater Associates, Inc. JMcdaniel@tidewaterenc.com Office: (252) 393-61.01. Also if I made a mistake or you know of others that should attend please let me know. The following conditions have been identified: 1 vp(�r& � Of 2, Dock Concrete Slatted Decking d ,at Support Framing tural Piling rsh Substrate rmal High Water Normal Low Water Bottom Substrate name: The Bluffs on Broad Creek Community Dock Drawing: 230313 Project: 22429 brawn: RDB Tidewater Associates, Inc, 604E Cedar Point Blvd r—t Cedar Point, NC 28584 (252) 343.6101 Cal: Dock Cross Section Scale: Gate: Rev: Not to Scale 03/13/2023 A W011k PM'V �4 k MAP P. � � Ne,'J a G X 0, POSS ':;&7CTIOW ,P• 2- 3 = al A O r V W I 6 Z � > N United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0063644 Project Name: The Bluffs on Broad Creek Community Dock & Water Access April 03, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 04/03/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 04/03/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Marine Mammals 04/03/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 04/03/2023 PROJECT SUMMARY Project Code: 2023-0063644 Project Name: The Bluffs on Broad Creek Community Dock & Water Access Project Type: Boatlift/Boathouse/Dock/Pier/Piles - New Construction Project Description: Proposed private 24-slip non -transient residential community dock, structural pedestrian water access, bulkhead refacing; bottom excavation, and a 11-space designated parking area (outside of CAMAAEC) with walkway to the water access, as an amenity to the Bluffs on Broad Creek Subdivision. There is also a proposed single-family residential dock with a boatlift proposed to serve a single-family residence that is currently under construction. G. Total Area Disturbed: 17,500sf (.40 acre) upland parking area, water access, & gazebo H. Primary Nursery Area: No I. Water Classification: SA / HQW J. Open to Shellfish Harvesting: No K. River Basin: White Oak L. Cultural Resources: None known or expected to be on or near the project area. HABITAT DESCRIPTION: Soft Shallow Bottom DREDGED or FILLED: Dredged: 7,200 sf SHADED: 11,832 total EW/PTA; 225 total over CW Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/Q34.71963515,-76.94410477707518,14z Counties: Carteret County, North Carolina 04/03/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 15 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Aci, and may have additional consultation requirements. Species profile: https:Hecos.fws.gov/ecp/species/4469 STATUS Threatened Proposed Endangered Threatened 04/03/2023 4 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 04/03/2023 5 FLOWERING PLANTS NAME STATUS Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8549 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/03/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Black Scoter Melanitta nigra Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Brown Pelican Pelecanus occidentalis Breeds Jan 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Sep 30 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. 04/03/2023 NAME BREEDING SEASON Common Loon gavia immer Breeds Apr 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Oct 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/446 Razorbill Alca torda This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Red -breasted Merganser Mergus serrator This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Red -throated Loon Gavia stellata This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Ring -billed Gull Larus delawarensis This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Breeds Jun 15 to Sep 10 Breeds elsewhere Breeds elsewhere Breeds elsewhere Royal Tern Thalasseus maximus Breeds Apr 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Surf Scoter Melanitta perspicillata This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. White -winged Scoter Melanitta fusca This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. PROBABILITY OF PRESENCE SUMMARY Breeds elsewhere Breeds elsewhere The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( 1) 04/03/2023 3 Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 04/03/2023 4 Black Sco Non BCCter AA ++I+ INO +0++ ++++ ++++ ++++ ++++ ++++ +++„1„ ,++, Vulnerable Brown Pelican Non -BCC 1111111111111111Jill Jill Mill Jill 11111111Jill Jill Vulnerable Common Non BCCLnnn 1+12 +11+ 11+11110 ++0+ +0+0 ���� ���� ++++ ++++ Vulnerable — — — — — — — Razorbill Non -BCC + 1 1 1 1 1 1 1- 0+++ ++++ +++4 1 1 1 f 14 1 1 I 1 11 1 1 11-++++ 1 1 1 1 I' l l Vulnerable Red -breasted AU +1„ 1111 +,++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ 1+,1 Merganser Non -BCC Vulnerable Red -throated Loon Non -BCC 11+1111+ Jill 010+ ++++ ++++ ++++ ++++ ++++ ++++ +++I III+ Vulnerable Ring -billed Gull Non -BCC �1111111111111111111 mill mill 111111111111Jill 1111 Vulnerable Royal Tern Non -BCC +1++ ++++ 0+11 Jill Jill Jill pill Jill Jill Jill Jill 11+1 Vulnerable Surf Non -BCC Scoter ++++ +++++++ ++++ ++++ ++++ ++++ ++++ ++++ +++, ++++ ++++ Vulnerable White -winged ++++ ++++ ++++ $+++ ++++ ++++ ++++ ++++ ++++ ++++ +,++ ++,+ Scoter Non -BCC Vulnerable Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidins7-and-minimizins7-incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very 04/03/2023 5 helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL)Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? 04/03/2023 6 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of 04/03/2023 certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 04/03/2023 MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act! and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. NAME West Indian Manatee Trichechus manatus Species profile: https:Hecos.fws.gov/ecp/species/4469 04/03/2023 IPAC USER CONTACT INFORMATION Agency: Tidewater Associates Name: Roy Brownlow Address: 604 E Cedar Point Blvd City: Cedar Point State: NC Zip: 28584 Email rrownlow@tidewaterenc.com Phone: 2523936101 rbrownlow@tidewaterenc.com From: Christine Voss <christinemvoss@gmail.com> Sent: Monday, February 13, 2023 2:17 PM To: james.harrison@ncdenr.gov Cc: Roy Brownlow Subject: Initial assessment on SAV presence for major permit at Bluffs on Broad Creek Attachments: BOBC.amenity site.1.13.23.pdf; Broad Creek SAV Map Image jpg 1:11111111w, spoke with you just over a week ago to better understand potential DMF concerns for SAV presence associated with a proposed marina at The Bluff at Broad Creek (BOBC) subdivision in Newport, Carteret Co. The surveying, engineering, and site design work is being conducted by Tidewater Associates, the group submitting the major permit with DCM for a 24-slip marina, as part of the overall development. Copied on this email is Roy Brownlow, the Tidewater Associates representative who can answer questions and provide any additional details needed for this project. I've attached two images for your reference: (1) the overall BOBC site plan, showing proposed marina location; and (2) a screenshot of DMF SAV mapping of this region. My relationship to this project is as a consultant with expertise on coastal habitats, as I've recently retired from UNC-IMS as a research professor who examined coastal ecosystems (with focus on marsh, seagrass, and oyster habitat) and their function for over 20 yrs. I've also conducted full SAV assessments for NC DCM major permits in the past. Twice, I've visited this site on the western side of Broad Creek in the past few weeks to better understand its characteristics. The Bluffs on Broad Creek subdivision is being planned for an undeveloped track in the wooded center of Pearson Circle, east of Rt. 24, immediately south of Broad Creek; the planned building lots are incised into the upland areas (with buffers) around a feeder creek that flows north to Broad Creek. The proposed marina would be approximately 320 ft east of where the feeder creek enters Broad Creek and approximately 150 ft east of an existing small boat ramp (34.719454,-76.944642). 1 was able to view this —375 ft of shoreline from the boat ramp, marsh, and existing bulkheaded lot during sunny, calm winter days while the water lacked turbidity. While the water is sufficiently shallow (to support SAV) for a 5-6-m band along the shoreline, the bathymetry quickly becomes deep (>2 m) just beyond this shallow margin. The bottom appears to be soft and muddy with sparse oyster shell present and much of this shell has algal growth. Although turbidity was low, water clarity was generally poor due to the presence of tannins and some silt that likely comes from the feeder creek, as well as from the upper reaches of Broad Creek. The deeper waters of this site were definitely murky such that I could not see the bottom. NC DMF SAV mapping shows SAV present in the sandy shallows of the western shores of Bogue Sound, approximately 0.6 Km east of the proposed marina and along the north shore of Broad Creek, about 0.7 Km away to the northeast, closer to the creek mouth on apparent sand shoals. In my professional opinion, there is a low probability that this site could support SAV. If DMF and/or DCM would like a full SAV assessment, I would recommend that rake sampling be conducted along transects (perpendicular to shore) during the warm season, when SAV would be most likely detected. However, to be clear, the nearshore shallows currently do not appear to have SAV and the waters beyond —6m from shore appear to be too deep to support SAV; also, it appears that water clarity of this region of Broad Creek is insufficient to allow SAV growth. 1 hope that this preliminary assessment of the proposed BOBC marina site is helpful to both DMF and Tidewater Associates. I would be happy to answer any questions or to conduct any needed assessments as you all see fit. Thank you. Sincerely, Chris Christine Voss, PhD Coastal Habitat and Ecosystem Ecologist UNC Institute of Marine Sciences, retired christinemvoss@gmail.com 252.717.3890 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: South State Development, LLC; c/o Jennifer Ward, Managing Member Mailing Address: 121 Garnet Lane Jacksonville, NC 28546 Phone Number: (910) 548-7575 Email Address: JenniferCa�-southstatedevelopment.com I certify that I have authorized, Roy Brownlow of Tidewater Associates, Inc. 604 E Cedar Point Blvd Cedar Point, NC 28584 (252) 393-6104 to act as the Authorized Agent on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: The Bluffs on Broad Creek Water Subdivision Water Access, Docking Facility and Amenity site. at my property located at Pearson Circle, Newport, in Carteret County; outparcel adjacent and north of 215 Pearson Circle. I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer, and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property _Qv rre� Information: Signature ifer Ward or Type Name Managing Member Title a p3 Date This certification is valid for one year for this project. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Carteret News Times Re: Public Notice Dear Sir: NORTH CAROLINA Environmental Quality 4/24/2023 Please publish the attached Notice in the May 3, 2023 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Amanda Cannon, NC Division of Coastal Management, amanda.cannon@ncder.gov. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Amanda Cannon Coastal Management Representative Enclosure cc: Heather Styron, District Manager Gregg Bodnar, Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management EQ NOHrH rn�ouNa Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 ne"ro"noorEemmen, Wa'euly 252,515,5400 NOTICE OF FILING OF APPLICATION FOR CAMA The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received complete on 4/17/2023. According to the application submitted by South State Development LLC proposes to construct a docking facility at 215 Pearson Circle, Newport. A copy of the entire application may be examined or copied at the office of Wayne Hall, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252)515-5400 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 6/3/23 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 5/3/2023 North Carolina Department of Environmental Quality I Division of Coastal Management EQ NOHrH rn�ouNa Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 ne"ro"noorEemmen, Wa'euly 252,515,5400 ■ �I gR :J O± § ru r (o _ . Q z co_ ru / � ru q .E o / o(k .B M� d _ u/ 7 ®j0 4 0 Ul m �@ \ cs .�(d C 3 E g_ m ,0000nop W;g A E m .. - is;� � G(K}�/aki°�Ga � � IrI■a / �Q .$ / 7 ® 3 .2 20 000 .0 gn ° `om m f� \0Q $®� ( # ;= a// ��{ T,IDEWA'TER ASSO"CIATESC,, CEDAR. POINT NORTH% CAROLl" Certified Mail — Return Receipt Requested March 23, 2023 Dr. Tom Miller 4001 Brothwell Court Raleigh, NC 27606 Re: CAMA Riparian Property Owner Notification -- The Bluffs on Broad Creek Amenity Site Dear Dr. Miller: We previously sent you a site plan and concept image for a proposed project at 215 Pearson Circle, Since that time, the proposed project has been modified. All aspects of the project remain proposed as previously submitted for your review except for the following revisions: ® The existing boat ramp would not be replaced as originally proposed. ® There would be an individual pier proposed for the single-family residence under construction at 215 Pearson Circle. It would be 6' wide x 72' offshore from the bulkhead with a 12 'x12' platform extending to the north. The pier would be located a minimum of 16' from the south riparian access line. 6 The dredging footprint is reduced to 7,200 square feet. As the adjacent riparian property owner to the project property located at 215 Pearson Circle, South State Development is required to notify you of the proposed development to give you the opportunity to comment on the project. Please review the attached concept site plan which includes the recent project modifications. Our Client, South State Development, LLC, c/o Jennifer Ward, Managing Member is applying for a CAMA Major permit to construct a private 24-slip community dock as an amenity for the Bluffs on Broad Creek Subdivision, located at 215 Pearson Circle, Newport, Carteret County, North Carolina, adjacent in Broad Creek. Boat lifts are proposed within the dock slips. There would also be a water access and upland gazebo, refacing the existing bulkhead, and excavation dredging of approximately 7,200 square feet of area within the vicinity of the boat ramp and dock slips that would be closer to the shore. There would be parking spaces provided across the street within the new subdivision to comply with Carteret County zoning provisions. A one -slip dock is also proposed for a single-family residence to be constructed at 215 Pearson Circle, This 6' wide dock would be 72' feet long to the waterward end of the 12' x12' platform that would extend to the north. The proposed dock would include a 13' x 13' boatlift on the north side, The single-family residence dock would setback a minimum of 16' from the south riparian access line. 604E Cedar Point Blvd. J Cedar 'Point, NC 28584 I (252) 393-6101 Firm License Number F-0108 I www.tidewaterenc.com Dr. Tom Miller March 23, 2023 Page 2 of 2 If you have any questions on this project, please call me at (252) 393-6101, or e-mail me at RBrownlow@TidewaterENC.com. Should you have any objections to this proposal, please send your written comments to Heather Styron, District Manager, 400 Commerce Ave, Morehead City, NC 28557, within 30 days of your receipt of this notice. Your comments will be considered by the Department of Environmental Quality 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. Sincerely, Roy Brownlow, Environmental Specialist Tidewater Associates, Inc. 604-E Cedar Point, NC 28594 Enclosures; Conceptual GIS Image of Proposed Development CAMA Adjacent Riparian Property Owner Form The Bluffs on Broad Creek Community ©ocking Facility and Amenities Concept Image (Revised 03/15/2023) South State Development, LLC South State Development, LLC, is applying for a CAMA Major permit to construct a private 24-slip community dock as an amenity for the Bluffs on Broad Creek Subdivision, located at 215 Pearson Circle, Newport, Carteret County, North Carolina, adjacent to in Broad Creek. Boat lifts are proposed within the dock slips. Additional activities include a water access and upland gazebo, and excavation of approximately 7,200 square feet of area within the vicinity of the dock slips near shore. There is planned parking spaces across the street within the new subdivision. A one -slip 72' long dock with a 12' x12' platform & boatlift is also proposed to serve the single- family residence only. The dock would setback a minimum of 15' from the riparian access line (red line). Site: bwg: Jab No.: Prepared Note: Tidewater Associates, Inc. 215 Pearson Circle, Newport, Carteret 7965 By: Site plan overlay taken 604-E Cedar Point Blvd County, NC - South State Development 2 RDB from LOT SURVEY by Cedar Paint, NC 28594 LLC Tidewater Associates, Inc. Concept image created by (252) 393-6101 Title: Scale: Date: Rev: The Bluffs on Broad Creek Community Not to 03/22/2023 03/15/23 Google Earth Pro 615. Dock & Amenities Concept Image Scale N,C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER (ARPO) NOTIFICATIONIWAIVER FORM SENT CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Jennifer Ward, Registered Agent Address of Property: 215 Pearson Circle, Newport, Carteret County NC 28570 Mailing Address of Owner: 121 Garnet Lane, Jacksonville NC 28546 Owner's email: Jennifer@southstatedevelopment.com Owner's Phone#: 910.548.7575 Agent's Name: Roy Brownlow, Tidewater Associates Agent Phone#: 252.393.6101 Agent's Email: RBrownlow@TidewaterENC.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing,with dimensions must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have comments or objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to NCDCM, 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 515.5400. No response within 30 days is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15` setback Signature of Adjacent Riparian Property Owner MR I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed/Printed name of ARPO: Dr. Thomas Miller Mailing Address of ARPO: 4001 Brothwell Court, Raleigh, NC 27606 ARPO's email: ARPO's Phone#: Date: *waiver is valid for up to one year from ARPO's Signature* TINS FOR ADJACENT RIPARIAN OWNER NOTIFICATION & WAIVER FORMS CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners (I 5A NCAC 7J.0204(b)(5)). Proof of actual notice (a sign -off by the owner on this form) or certified mail return receipts (showing delivery of notice) are needed. The purpose of this notice is to make adjacent riparian property owners aware of the proposed development so that they have an opportunity to provide comments (or potentially object to) the proposed development, and to give DCM an opportunity to consider these comments/objections before a permit decision is made. "Permission" of adjacent property.owners is not necessaril re uired for DCM to issue a permit; however, permission must be obtained for certain types of proposed developments if they fall within a f 5' setback area along the riparian access area of the adjacent property, as determined solely by DCM. It is in the applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections can be resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the permit decision, insufficient notice could be a basis for granting such an appeal. Who is an Adjacent Riparian Property Owner? What is Adjacent? (Note: DCM reads this broadly to ensure comment by potentially impacted neighbors) • A property that shares a boundary line with the site of proposed development; AND • A property that fronts a natural or manmade waterbody that is connected to coastal waters and can support some form of navigation, even a kayak or canoe, including a common canal system or a manmade basin. • Easement holders? Yes, if the easement could be impacted by the proposed development, • Streets/Roads? Only if the street/road could be impacted by the proposed development. This might include street -ends which might be used for parking and beach access. • Holders of recognized submerged lands claimslshel[fish franchises, What is Riparian? Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a question about whether an adjacent property is considered "riparian," please reach out to DCM Staff - especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water. Who/What is a Property Owner? For private individuals (or families), send notice to the address listed on the tax card. if the property is owned by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of State's Corporations took Up site: https:llwww.sosnc.gov/search/index/corp. For Condominiums or neighborhoods with an owners' association (HOAIPOA), send notice to the association (which is usually a corporation, for which you send notice to its registered agent). What is Notice, and how do I ensure it is received? • You can meet with your adjacent property owner, provide a description or drawing of the proposed development, and ask them to sign this form and return it to DCM; OR • You can hand -deliver this form and a description or drawing, and ask your neighbor to return it to DCM (consider providing them with a stamped envelope); OR • You can mail this form by LISPS Certified Mail, return receipt requested (the Green Card). If you choose this option, you must provide either the signed & returned green card OR track the certified mail package number on USPS.GOV's online tracking system, and provide the tracking print-out as proof of delivery to DCM If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and we will work to answer your questions. 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Signature 0 Agent w Print your name and address on the reverse X © Addressee " so that we can return the card to you. g, Received by {Printed Name} C. Date of Delivery 0 Attach this card to the back of the mallpiece, or on the front if space permits. D. Is delivery address different from Item i 7 0 Yes 1. Article Addressed to: if YES, enter delivery address below: hI No -r4-f- Z t ��425oN CtI[�V 570 3. Service Type El Adult Signature ❑ Priority Mall Express® ❑ Registered jl IE Ii Itll ❑ Adutt Signature Restricted Delivery MallTR p peegvg�ed Mail Restricted. ii 11 1 t 9590 9402 74B8 2055 0143 09 ❑ Certified Math ❑ Certified Mall Restricted De4tvery [1Colleot on Delivery II ❑ Signature Confirmatlon'M ❑Signaiure Confirmation r...... oen,r a re n , rallect on Delivery Restricted Delivery sured Mai! Restricted Delivery 7021 2 7 2 0 0002 0879 81389 ,ssured Mall Restricted Dettvery 1. r S500i cove PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt ri USPS Tracking' FAQs > Tracking Number: jr A,)( (kl Remove X 70212720000208798689 Copy Schedule a Redelivery(https://tools.usps.com/redelivery.htm) Latest Update Your item arrived at the NEWPORT, NC 28570 post office at 10:33 am on April 1, 2023 and is ready for pickup. Get More Out of USPS Tracking: USPS Tracking Plus® Available for Pickup Available for Pickup NEWPORT, NC 28570 April 1, 2023, 10:33 am ® Reminder to Schedule Redelivery of your item before April 10, 2023 I April 1, 2023 Available for Pickup NEWPORT, NC 28570 March 27, 2023, 3:07 pm In Transit to Next Facility March 26, 2023 Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX March 25, 2023, 9:19 pm Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX TlDEWA7ER'ASSO,CIAT C9DAR T0INt NO RXH CAR01IN'A Certified Mail — Return Receipt Requested March 23, 2023 Mr. Thomas Smith 219 Pearson Circle Newport, NC 28570 Re: CAMA Riparian Property Owner Notification -- The Bluffs on Broad Creek Amenity Site Dear Mr, Smith: We previously sent you a site plan and concept image for a proposed project at 215 Pearson Circle, Since that time, the proposed project has been modified. All aspects of the project remain proposed as previously submitted for your review except for the following revisions: • The existing boat ramp would not be replaced as originally proposed. • There would be an individual pier proposed for the single-family residence under construction at 215 Pearson Circle. It would be 6' wide x 72' offshore from the bulkhead with a 12 'x12' platform extending to the north. The pier would be located a minimum of 16' from the south riparian access line. • The dredging footprint is reduced to 7,200 square feet. As the adjacent riparian property owner to the project property located at 215 Pearson Circle, South State Development is required to notify you of the proposed development to give you the opportunity to comment on the project. Please review the attached concept site plan which includes the recent project modifications for the single-family dwelling dock. Our Client, South State Development, LLC, c/o Jennifer Ward, Managing Member is applying for a CAMA Major permit to construct a private 24-slip community dock as an amenity for the Bluffs on Broad Creek Subdivision, located at 215 Pearson Circle, Newport, Carteret County, North Carolina, adjacent in Broad Creek. Boat lifts are proposed within the dock slips, There would also be a water access and upland gazebo, refacing the existing bulkhead, and excavation dredging of approximately 7,200 square feet of area within the vicinity of the boat ramp and dock slips that would be closer to the shore. There would be parking spaces provided across the street within the now subdivision to comply with Carteret County zoning provisions. A one -slip dock is also proposed for a single-family residence to be constructed at 215 Pearson Circle, This 6' wide dock would be 72' feet long to the waterward end of the 12' x12' platform that would extend to the north. The proposed dock would include a 13' x 13' boatlift on the north side. The single-family residence dock would setback a minimum of 16' from the south riparian access line, 644E Cedar Point Blvd. I Cedar Point, NC 2 584 1 (252) 393-6101 Firm License Number F-0108 I www.tidewaterenc.com Mr. Thomas Smith March 23, 2023 Page 2 of 2 If you have any questions on this project, please call me at (252) 393-6101, or e-mail me at RBrownlow@TidewaterENC.com. Should you have any objections to this proposal, please send your written comments to Heather Styron, District Manager, 400 Commerce Ave, Morehead City, NC 28557, within 30 days of your receipt of this notice. Your comments will be considered by the Department of Environmental Quality 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. Sincerely, Val ZAA�� Roy Brownlow, Environmental Specialist Tidewater Associates, Inc. 604-E Cedar Point, NC 28594 Enclosures: Conceptual GIS Image of Proposed Development CAMA Adjacent Riparian Property Owner Form The Bluffs on Broad Creek Community Docking Facility and Amenities Concept Image (Revised 03/15/2023) South State Development, LLC South State Development, LLC, is applying for a CAMA Major permit to construct a private 24-slip community dock as an amenity for the Bluffs on Broad Creek Subdivision, located at 215 Pearson Circle, Newport, Carteret County, North Carolina, adjacent to in Broad Creek. Boat lifts are proposed within the dock slips. Additional activities include a water access and upland gazebo, and excavation of approximately 7,200 square feet of area within the vicinity of the dock slips near shore. There is planned parking spaces across the street within the new subdivision. A one -slip 72' long dock with a 12' x12' platform & boatlift is also proposed to serve the single- family residence only. The dock would setback a minimum of 15' from the riparian access line (red line). Site: bwg: Job No.: Prepared Note: Tidewater Associates, Inc. 215 Pearson Circle, Newport, Carteret 7965 By: Site plan overlay taken 604-E Cedar Point Blvd County, NC - South State Development 2 RDB from LOT SURVEY by Cedar Point, NC 28594 LLC Tidewater Associates, Inc. Concept image created by (252) 393-6101 Title; Scale: Date: Rev: The Bluffs on Broad Creek Community back 4 Amenities Concept Image Not to Scale 03/22/2023 03/15/23 Google Earth Pro GIS. N.C. DIVISION OF COASTAL. MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER (ARPO) NOTIFICATIONIWAIVER FORM SENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Jennifer Ward, Registered Agent Address of Property: 215 Pearson Circle, Newport, Carteret County NC 28570 Mailing Address of Owner: 121 Garnet Lane, Jacksonville NC 28546 Owner's email: Jennifer@southstatedevelopment.com Owner's Phone#: 910.548.7575 Agent's Name: Roy Brownlow, Tidewater Associates Agent's Email: RBrown[ow@TidewaterENC.com Agent Phone#: 252.393.6101 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have comments or objections to what is being proposed, you must notify the N.C..Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to NCDCM, 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 515.5400. No response within 30 days is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback Signature of Adjacent Riparian Property Owner I I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: Typed]Printed name of ARPO,- Mailing Address of ARPO: ARPO's email: Thomas Smith 219 Pearson Circle, Newport, NC 28570 ARPO's Phone#: Date: *waiver is valid for up to one year from ARPO's Signature* TIPS FOR ADJACENT RIPARIAN OWNER NOTIFICATION & WAIVER FORMS CAMA Regulations require notice of proposed development to the Adjacent Riparian Property Owners (15A NCAC 7J.0204(b)(5)). Proof of actual notice (a sign -off by the owner on this form) or certified mail return receipts (showing delivery of notice) are needed. The purpose of this notice is to make adjacent riparian property owners aware of the proposed development so that they have an opportunity to provide comments (or potentially object to) the proposed development, and to give DCM an opportunity to consider these comments/objections before a permit decision is made. "Permission" of adjacent property owners is not necessarily rewired for DCM to issue a permit; however, permission must be obtained for certain types of proposed developments if they fail within a 15' setback area along the riparian access area of the adjacent property, as determined solely by DCM. It is in the applicant's best interest to provide comprehensive and accurate notice so that any concerns or objections can be resolved early in the permit review process. In addition, if the adjacent riparian property owner appeals the permit decision, insufficient notice could be a basis for granting such an appeal. Who is an Adjacent Riparian Property Owner? What is Adjacent? (Note: DCM reads this broad[ to ensure comment by potentiallyimpacted neighbor • A property that shares a boundary line with the site of proposed development; AND • A property that fronts a natural or manmade waterbody that is connected to coastal waters and can support some form of navigation, even a kayak or canoe, including a common canal system or a manmade basin. • Easement holders? Yes, if the easement could be impacted by the proposed development. • Streets/Roads? Only if the street/road could be impacted by the proposed development. This might include street -ends which might be used for parking and beach access. • Holders of recognized submerged lands claims/shellfish franchises. What is Riparian? Do the boundaries of the adjacent property legally intersect with the water at mean high tide? If there is a question about whether an adjacent property is considered "riparian," please reach out to DCM Staff - especially on the oceanfront beach where there may be undeveloped parcels on the beach or in the water. Who[What is a Property Owner? For private individuals (or families), send notice to the address listed on the tax card. If the property is owned by an Inc. or LLC, please send notice to the person listed as the registered agent on the NC Secretary of State's Corporations Look Up site: https://www.sosnc.gov/search/index/corp. For Condominiums or neighborhoods with an owners' association (HOAIPOA), send notice to the association (which is usually a corporation, for which you send notice to its registered agent). What is Notice, and how do I ensure it is received? • You can meet with your adjacent property owner, provide a description or drawing of the proposed development, and ask them to sign this form and return it to DCM; OR • You can hand -deliver this form and a description or drawing, and ask your neighbor to return it to DCM (consider providing them with a stamped envelope); OR • You can mail this form by USPS Certified Mail, return receipt requested (the Green Card). If you choose this option, you must provide either the signed & returned green card OR track the certified mail package number on USPS.GOV's online tracking system, and provide the tracking print-out as proof of delivery to DCM If you have any questions about this process, please reach out to DCM Staff and DCM Legal Counsel and we will work to answer your questions. Ao x wl nil � � � 4f�A ® .. � V IN as at 2� 11 r2 F JEP 'i O W 9 r ® 3