120-21 Hervey, Benjamin

Permit Class
NEW
Permit Number
120-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
RECEI\/ED
SE? 2 0
DCM-MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Benjamin Hervey, 103 Tropez Lane, Cary, NC 27511
Authorizing development in Carteret County at adi. to Harlowe Creek. at 3114 Mill Creek
Rd., near Newport , as requested in the permittee's application dated 4/9/21,
including attached workplan drawing (1), Sheets 1 of 1 dated "Revised 3/15/21".
This permit, issued on September 7, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Dockine Facility Expansion
1) This permit authorizes only the pier extension, platform and lift, and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility expansion without
permit modification. No non -water dependent uses of structures shall be conducted on, in or over
Public Trust waters without permit modification.
2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
of Perm ittee

Benjamin Hervey
ADDITIONAL CONDITIONS
3) This permit authorizes a maximum of one (1) formalized boat slip.
Permit No. 120-21
Page 2 of 3
4) No attempt shall be made by the permittee to prevent the full. and free use by the public of all navigable
waters at or adjacent to the authorized work.
5) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including"kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
Sedimentation and Erosion Control
7) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
USACE Conditions
9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.sov/raleigh/ndfs/ManateeGuidelines20l7.pdf.
General
10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
11) All debris associated with the removal or construction of the permitted docking facility shall be
contained within the authorized project area and removed to an appropriate upland location.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2021-01616).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
,Quality Certification 4175 and'assigned the project DWR Project No. 2021-1164.

DCM Coordinator:al'�j_A-tQ Permit #:
Agents:
DCM Field Offices
Elizabeth City
Morehead Cij?rj3A
US ACOE Offices:
Washington:
MAILING DISTRIBUTION SHEET
Washington
Wilmington
(with revised work plan drawings)
(OBJECTIONS )
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
Jimmy Harrison
Washington: Chris Pullinger-401
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider —401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

IN MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant(Landowner Information
Business Name
Project Name (if applicable)
N/A
Hervey Dock Extension
Last Name
Applicant 1: First Name
MI
Benjamin
H.
Hervey
Applicant 2: First Name
MI
Last Name
Tanya
D.
Hervey
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
city
state
103 Tropez Lane
n/a
Cary
NC
ZIP
Country
Phone No.
FAX No.
27511
USA
919 - 815 - 7904 ext.
n/a -
Street Address (A different from above)
City
State
ZIP
n/a
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Coastal Planning Services, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Kathy
B.
Vinson
Agent/ Contractor 2: First Name
MI
Last Name
n/a
Mailing Address
PO Box
City
State
827
Morehead City
NC
ZIP
Phone No. 1
Phone No. 2
28557
252 — 240 -
9297 ext n/a
252 — 354 - 491 B ext. n/a
FAX No.
Contractor #
252 247 5875
n/a
Street Address (d ddlerent from above)
City
State
ZIP
n/a
Email
[e-mail]
<Form continues on back>
%cvr=rvcu
APR 12 2021
252-808.2808 :: 1-888.4RCOAST :: www.nccoastaimanageme nt.net

.Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Carteret
3114 Mill Creek Road
n/a
Subdivision Name
city
State
Zip
n/a
Newport
NC
28570 -
Phone No.
Lot No, (a) (if many, attach addi#one/ page with list)
We - - ext.
n/a, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Hadowe Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade ❑Unknown
Newport River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
ri
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
168
71,373
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
n/a, I I
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
+4' ®NHW or ❑NWL
e.
Vegetation on tract
Lawn grass and wetland vegetation
f.
Man-made features and uses now on tract
Single-family residence, driveway, pier
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Single-family residential
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
n/a
(Attach zoning compliance certificate, if applicable)
❑Yes ❑No ®NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No []NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
APR 12 2021
252-808-2808 :: 1-888-4RCOAST :: .1 ,4.;:ccoastalmanagerrQGWMHD CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ONO
(ii) Are there coastal wetlands on the site? ®Yes ONO
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, i/ available)
n. Describe existing wastewater treatment facilities.
individual septic system
o. Describe existing drinking water supply source.
private well
p. Describe existing storm water management or treatment systems.
none
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑PublictGovernment
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Project will provide for water/boating access for owners.
C.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
One barge with pile -driving equipment stored in deep water will be used for construction of the dock extension. All
construction activities will occur during periods of water depths sufficient to avoid barge from resting on or disturbing bottom.
d.
List all development activities you propose.
Extension of an existing pier with an additional platform and one boatlift
e.
Are the proposed activities maintenance of an existing project, new work, or both?
new work
f.
What is the approximate total disturbed land area resulting from the proposed project?
none ❑Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
®Yes ❑No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
Sheet flow runoff into Hariowe Creek.
I.
Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ONO ®NA
j.
Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back> APR 1$ 2021
nrsa MHD PITY
252.808-2808 .. 1-u8kS-4H[;OAST .. www.nccoastaimanagement.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (Q are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Betty G. Culpepper Phone No.
Address 116 Preston Lane, Newport, NC 28570
Name James L. Chadwick Phone No.
Address 1467 Old Winberry Road, Newport, NC 28570
Name Ora G. Ostling Phone No.
Address 135 Preston Lane, Newport, NC 28570
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permimee, and issuing dates.
CAMA GP .1200 # 44285 issued to Benjamin Hervey on
2/10/2006
h. Signed consultant or agent authorization forth, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date T�q�.�11a? / Print Name _Kathy B. Vinson, agent
%
Signature '
Please indicate application attachments pertaining to your proposed project. RECEIVED
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information APR 12 2021
DCM-MHD CITY
252.808-2808 .- 1-888-4RCOAST .- www. nccoasta lmanagement. net

fY7Ti�Z9ui�'ifa!
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina.
❑Commercial ❑PubliclGovemment ®Private/Community,
❑This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes ®No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? []Yes ®No
(ii) Number 1
If yes:
(iii) Length 270' existing. 465' proposed
(ii) Number
(iv) Width 4'
(iii) Length
(v) Floating []Yes ®No
(iv) Width
(v) Floating ❑Yes ❑No
e. (i) Are Platforms included? ®Yes ❑No
f. (i) Are Boatli@s included? ®Yes ❑No
If yes:
If yes:
(n) Number 2 0 existing plus 1 additional proposed)
(ii) Number 1 proposed
(iii) Length 10' (existing). 15' (proposed)
(iii) Length 12.5'
(iv) Width 15.4 (existing). 15' (proposed)
(iv) Width 12.5'
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from dripfine dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
1
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
0
❑ Dockage, fuel, and marine supplies
® Dockage ("wet slips') only, number of slips: 1
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types).
[]open water; dredging for basin and/or channel open runabout
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 26' I. (1) Will the facility be open to the general public? RECEIVED
❑Yes ®No
m. (i) Will the facility have tie pilings?
❑Yes ®No APR 12 2021
(ii) If yes number of tie pilings?
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable
a, Check each of the following sanitary facilities that will be included in the proposed project.
V,•fK-J! afice Toilets
i"
.n4( ❑Toilets for patrons; Number: ;Location:
a r'. ❑ Showers
❑ Boatholding tank pumpouk Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
None
c. Describe the disposal of solid waste, fish offal and trash.
Trash receptacles located on highground
d. How will overboard discharge of sewage from boats be controlled?
None
e. (i) Give the location and number of *No Sewage Discharge' signs proposed.
None
(ii) Give the location and number of'Pumpout Available' signs proposed.
None
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
N/A
g. Where will residue from vessel maintenance be disposed of?
N/A
h. Give the number of channel markers and "No Wake' signs proposed. None
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
N/A
j. What will be the marina policy on overnight and live -aboard dockage?
None
k. Describe design measures that promote boat basin flushing?
N/A
I. If this project is an expansion of an existing marina, what types of services are currently provided?
Not a marina
m. Is the marina/docking facility proposed within a primary or secondary nursery area? APR 12 2021
SYes ❑No
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: wwvirmccoastalmanagement.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
®Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
®CW 920 at shaded (by existing dock) ❑SAV OSB 20 of of intermittent/ scattered oysters shaded (by existing dock)
❑WL ❑None
p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ®No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse strocture(s):
❑Commercial ❑PubliclGovemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Rooted areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NFIW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the strudure(s):
❑Commercial ❑Public/Government ❑Private/Community
Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
(RECEIVED
APR 12 2021
DCM-MHD CITY
252-808-2808 :: 5 -Sod-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
43' to the north, 82' to the south
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
1137'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
1345' to the north, 1675' to the south
d. Water depth at waterward end of structure at NLW or NWL
-4' NLW
& OTHER 0This section not applicable
a. Give complete description:
Date
Hervey Dock Extension
Project Name
Benjamin Hervey
Applicant Name
Applicant Signat
RECEIVED
APR 12 2021
DCM-MHD CITY
252-808-2808 :: 1.888.4RCOAST :: www.nccoastal_management.net revised: 12/27I06

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Hervey, Benjamin COUNTY: Carteret
PROJECT NAME:
LOCATION OF PROJECT: adjacent to Harlowe Creek at 3114 Mill Creek Road near Newport, Carteret County.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-11-21
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes
FIELD REPRESENTATIVE: Connell DISTRICT OFFICE: MHC
DISTRICT MANAGER REVIEW: Roy Browniow
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 Click or tap here to enter text.
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 4-25-21 END OF NOTICE DATE: 5-15-21
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 6-26-21 150 DAY DEADLINE:
HOLDS:
EMAIL OUT DATE: 7-26-21 STATE DUE DATE: Click or tap to enter a date.
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
OBJECTIONS:
COMMENTS
I
YES NO
RETURNED
DCM-Field Rep 7T(/ L CGl.ai 'w
DCM — LUP Consistency Determination 7�i8�N
Local Permit Officer
— Regulatory Branch
DWR-401 Section
DWR— PublicWaterSupply r(lu(L ><
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
—b
Wildlife Resources Commission
L
Y
DMF — Shellfish Section
5�,A L
y
DW — Habitat & Enhancement
&A -L
�
DNCR — Archives & History
DNCR—Natural Heritage Program
NCDOT
NC Dept of Commerce

Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
DATE:
July 26, 2021
TO:
Gregg Bodnar
THRU:
Roy Brownlow
FROM:
Brad Connell
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secrelarp
BRAXTON C. DAVIS
))IMCI"r
SUBJECT: Comments and Recommendations - CAMA Major Permit —Benjamin Hervey, Carteret County
The following is my assessment and consequent recommendations of the above referenced proposal: This proposal
incorporates 1,174 square feet of Public Trust Area. The proposal is not adjacent to a Federal Channel. These waters of
Hadowe Creek are open to shellfish harvest. This waterbody is a Primary Nursery Area.
This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I
recommend the project be authorized as proposed, contingent upon the following conditions:
1. The permittee must install and maintain at his expense permanent reflectors attached to the outermost pilings of the
structure in order to make it more visible during hours of darkness or inclement weather.
2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work.
3. The authorized structure and associated activity must not cause an unacceptable interference with navigation.
4. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions
of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it
transferred to a third party.
5. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are
expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may
become a permanent part of this marina/docking facility without permit modification. No non -water dependent uses
of structures may be conducted on, in or over public trust waters without permit modification.
Nothing Compares
State of North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2908 T

Hervey
4/15/2021
Page 2 of 2
6. The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the
structure and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel
to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where
the upland property line meets the water's edge.
7. The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208
of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted.
Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied
and enforced throughout the entire existence of the permitted structure.
CC: Roy Brownlow, DCM
400 Commerce Ave., Morehead City, INC 28557
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Acfion Employer

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 26, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg. bod n a r(d) N C D E N R.g ov
SUBJECT: CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 16, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Rachel Love-Adrick q
AGENCY, Divi on of CM . tala l e ent REC' E E C9 E D
SIGNATURE
JUL 2 8 2021
DATE 712912021
jg-D:_�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City. North Carolina 28557
257808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH. CAROLINA
fnvironmentatQuafity
TO: Gregg Bodnar, Asst. Major Permits Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Plann JUL 2 8 2021
Division of Coastal Management ((//
SUBJECT: Major Permit Application by Benjamin Hervey NIP SECTION AIND
Date: July 29, 2021
Consistency Determination: The request is consistent with/not in conflict with Carteret County Land Use
Plan certified by the CRC on December 20, 2010.
Overview: The property is located at 3114 Mill Creek Road near Newport, Carteret County; adjacent to
Harlowe Creek. This lot is currently developed with a residential dwelling and dock. The existing pier is 4'
by 270' and the existing platform is 10' by 15'. The adjacent riparian property to the north is undeveloped
and the adjacent riparian property to the south is developed with a residential dwelling.
AECs onsite include Estuarine Waters and Public Trust Areas. Harlowe Creek surface water classifications
are SA (Market Shellfishing, Salt Water) and HQW (High Quality Water). The site is designated as a Primary
Nursery Area and is open to shellfish harvest. SAV was not observed at this location. There are no
historic/cultural resources.
The elevation of the adjacent high ground of the parcel is approximately 4' above the normal high water
level (NHL). Vegetation on the parcel mainly consists of lawn grasses, pine trees, and Coastal Wetlands
mainly consisting of Spartina alterniflora and Juncus roemerianus. The parcel has 168' of continuous
shoreline along Harlowe Creek, a tributary of the Newport River. Immediate offshore water depths
adjacent to the parcel range from -0.5' to -6' normal low water. The subaqueous substrate is soft with
shell.
The applicant is proposing to extend a private docking facility by constructing a 1-slip docking facility by
extending the current dock. The proposed pier extension would be 4' by 195' and the proposed T"
platform would be 15' x 15' with a 13' x 13' boat lift on the south side of the proposed platform. This
proposed expansion would take the docking facility approximately 460' waterward of the normal high
water mark in order to access the 4 nlw depth contour.
1D07QNorth Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
�\ /41 252808.2808

Anticipated impacts
The proposed docking facility would usurp 1,174 square feet of Public Trust Area. Traditional marine
construction methodology would be utilized during the construction of this project. Turbidity impacts are
not anticipated during the construction activities in the Harlowe Creek.
There is not a Federal Channel in the nearby vicinity of this proposed docking' facility. This proposal should
not pose a hazard to traditional navigation as it is immediately adjacent to a natural shoreline peninsula
and does not appear to encroach into the traditional navigation route of Harlowe Creek.
Basis for Determination:
The project site is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map
(FLUM) designates the site as Rural with Services (land) and Conservation (Areas of Environmental
Concern). Uses allowed in Areas of Environmental Concern are those consistent with the State's minimum
use standards and state and federal regulations.
The following LUP policies may be applicable to this request:
Policy 2.1
Carteret County's policies for development in coastal and non -coastal ("404," "401," or jurisdictional)
wetlands are as follow:
1. Carteret County will allow only land uses in coastal wetlands that require water access, cannot
function elsewhere, and are consistent with state and federal regulations. Examples of acceptable
uses are utility easements, piers, and docks.
Policy 2.4
Carteret County's policies for development in estuarine and public trust waters are as follow:
1. Carteret County will only allow development activities in estuarine and public trust waters that
are associated with water -dependent uses, consistent with state and federal standards, and meet
all local policies contained in this plan.
DEQ�
V
EECEIVED
J U L 2 8 2021
P SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City North Carolina 28557
251808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 26, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregQ.bodnar()NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 16, 2021: If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
X "Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINVNAME Shannon Myers
AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality
SIGNATURE w for Shannon Jenkins
DATE 7/29/2021
AUG 2 2021
MP SECTION UND
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
wymwamx,wa®amrb�
252.808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 26, 2021
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Greaa. bodnar(cDNCDENR.aov
SUBJECT: CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August'16, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY, Public Water Supply RECEPWIFED
SIGNATURE fi�"A 6tOi"''
DATE 7-27-21 JUL 2 6 2021
p Q�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead Coy Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

ROY COOPER
uavemor
ELIZABETH S. BISER
sacerary
BRAXTON DAVIS
Director
July 26, 2021
MEMORANDUM.
NORTH CAROLINA
Envlranntenral Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
g regg. bo d n a r(a N C DE N R.g ov
SUBJECT: CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County_
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 16, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2BOB ext 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments_
PRINT NAME Lee Padrick
AGENCY NC Commerce
SIGNATURE �X RECEIVED
DATE 7-26-21 JUL 2 6 2021
vanx'�rl:rrrlP
umrmvanoiam� f�
VIP SEECTOON TAMD
North Carolina DeiItarctnent of Environmental Quality t Division orCoasial Management
Morehead City Orlice 1400 Commerce Avenue I Moorehead City. NarlhCarolina 28557
252.808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 26, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnar )NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 16, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME James Harrison
AGENCY /N�CDMF RELCOIio:� tt9 E®
SIGNATURE �.-{ltNt.¢2 lla,4 e, u e I�: ttf
DATE 11 August 2021 AUG 1 1 2021
PAP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead Oty Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.608.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
July 26, 2021
MEMORANDUM.
w STATE y
�r a
awr
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg. bodnarCr>1NCDEN R.gov
SUBJECT: CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return Mist form to Grego Bodnar at the address above by August 16, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"'
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Wi i W-A
q
AGENCY 5'�-0.1G t P oo SIGNATURE � l�0,AL0 CL. Ri_o
i -a.trAOL-' t� EC E I Q ` E D
DATE 20 Z t
AUG 1 1 2021
P SECTION PAHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Off Ice 1 400 COmmerCe Avenue 1 Moorehead City, North Carolina 28557
252.808.2808

Bodnar, Gre
From:
Hair, Sarah E CIV (USA) <Sarah.E.Hai [e-mail]>
Sent:
Wednesday, August 11, 2021 3:04 PM
To:
[e-mail]; [e-mail], [e-mail],,
[e-mail], Horton, James Todd CIV USARMY CESAW (USA); Arnette,
Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan
Coble; fritz.rohde; [e-mail]; Twyla Cheatwood; Ellis, John; Howell,
Jonathan; Wojoski, Paul A; Snider, Holley; Tranter, Kent W CIV USARMY CESAW (USA);
Bertram, Paul J BOSN3; Posey, Ward B CIV; Bodnar, Gregg; Connell, Brad
Cc:
Charles, Thomas P CIV USARMY CESAW (USA)
Subject:
[External] [WARNING: UNSCANNABLE EXTRACTION FAILED](WARNING: UNSCANNABLE
EXTRACTION FAILED]CAMA MAJOR/GP 291/SAW-2021-01616 Hervey docWHarlowe
Creek/Carteret
Attachments:
app, narrative, field report, DWR - Hervey.pdf; Plans - Hervey.pdf,
GoogleEarth_Placemark.kmz; SAW-2021-01616 Hervey dock ePN.pdf
...........
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
All,
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report/ Bio-Report for
the subject project. The attached notice requests federal agency comments on this project by September 10, 2021.
The site is located within waters of/adjacent to Harlowe Creek, located at 3114 Mill Creek Road, in Newport, Carteret
County, North Carolina. Approximate Coordinates in Decimal Degrees are 34.785023 N,-76.724517 W.
The applicant proposes to expand an existing docking facility in order to reach sufficient water depths. The existing
facility is 4'X 270', with a 10'X15' platform. Specifically, the expansion involves extending the existing pier 195' for a total
length of 465' feet. The proposed pier extension would be 4' by 195', and a proposed ' L" platform would be 15' by 15',
with an -13' by 13' boat lift on the south side of the proposed platform. This proposed expansion would take the
docking facility approximately 460' waterward of the normal high water mark in order to access the -3' Normal Low
Water (NLW) depth contour.
The structure is not located near a federal channel.
Please see the attached field investigation report, application, kmz file, and plans for detailed information concerning
the proposed project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not
likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service. The waters within the project area ARE designated as PNA by the NC
Division of Marine Fisheries, are classified as SA; High Quality Waters by the NC Division of Water Resources, and are
Open to harvesting shell fish. Average water depths within the project area range from -0.5' to -6' at Normal Low Water
(NLW). Substrate is soft with shell. According to the BioReport and the applicant's narrative, SAV is not present at this
location.

Bodnar, Gregg
From: Hair, Sarah E CIV (USA) <[e-mail]>
Sent: Wednesday, August 11, 2021 12:46 PM
To: Bodnar, Gregg; Snider, Holley; Dunn, Maria T.; Harding, Kimberlee k
Subject: [External] RE: Benjamin Hervey
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hey -due to the length of the dock I have to coordinate this via 291 process... if I get the notice out today, my 30-day
comment period would end September 10. I'll forward any comments as they come in.
Liz
From: Bodnar, Gregg <[e-mail]>
Sent: Wednesday, August 11, 2021 10:47 AM
To: Hair, Sarah E CIV (USA) <[e-mail]>; Snider, Holley <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Harding, Kimberlee k <[e-mail]>
Subject: [Non-DoD Source] Benjamin Hervey
Hey all,
I don't want to use up any credit I might have with you all, but this one is unfortunately yet another that was circulated
very late in our timeclock. I know you've only had it a short while but I wanted to let you all know my 150 is 9/9/21
because of our error. If anyone sees any issues as you review please let me know in case they elevate to a hold.
Thanks as always for your help and I fell the pain as well!
Gregg
D_EQ
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 (CKfke)
Greee.B9dnar@n0" .gov_
Email correspondence to and from this address is subject to the
North Carolina Public Records Low and may be disclosed to third parties.

ROY COOPER
Governor
ELIZABETH S. BISER
Se emry
BRAXTON DAVIS
Direaor
July26, 2021
MEMORANDUM:
NORTH CAROLINA
Environmenra (Quality
6ks.1,01. q•ol
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
areae bodnar5.NCDENR gov
SUBJECT. CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 MITI Creek Rd. near Newport, Carteret County
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greco Bodnar at the address above by August 16, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
This agency has no objection to the project as proposed.
"Additional comments may be attached -
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME kk nA-
AGENCY ((AIJ jZC
SIGNATURE --
DATE 03(r
R CEIVED
AUG 1 2 2021
MP SECTION MPAD
North Carolina Dcpartmcnt of Environmental Quality I Divlston of Coastal Mam9ement
Morehead Cly Dffice 1400 Corraneree Avenue I Moorehead City, North Carullna 285S7
252.8082808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
DATE: August 13, 2021
NORTH CAROLINA
Environmental Quality
FROM: Holley5nider Its
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20211164
No Written Approval Required
PROJECT LOCATION: 3411 Mill Creek Road, Newport, Carteret County
Hervey property
E CEIV E+�
AUG 1 r,
h,p wL'„s Lt"'twr f t4.o- iA�Y9� '^w
PROPOSED PROJECT: Expansion of an existing pier to provide dockage for one (1) vessel
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated received by this office on June 16, 2021.
Harlowe Creek is classified as SA:HQW by the Division of Water Resources (DWR) and has been
determined to be a Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please
understand that the waters around your project area have been identified as a PNA and should requests
for dredging within the proposed project area arise in the future, they will be denied. Please be aware
that new dredging within a PNA is not permitted under 15A NCAC 02B .0220. This activity results in
degradation of water quality standards and is therefore considered a water quality violation. Any
turbidity standard violations of waters going into these creeks are also considered Water Quality
Violations. Citation: 15A NCAC 02B .0220
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your
application do not require written authorization to utilize GC 4175. However, you are required to
follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(butnot limited to erosion and sedimentation control regulations and state stormwater requirements
before you proceed with your project). Also, the approval to proceed with your proposed impacts to
waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known
as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information.
_E Q� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405
a �i�
�i1tl^�'v 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
July 26, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:[phone] (Courier11-12-09)
gregq.bodnar a()NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project:. The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 16, 2021 If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
X "Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Myers
AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality
SIGNATURE ,, for Shannon Jenkins
DATE 7/29/2021 RECEIVED
AUG 2 3 2021
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252808.2808

Received: 8/18/2021
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BPAXTON DAVIS
Director
July26, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
ER 21-1981
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnar(g)NCDENR.gov
SUBJECT: CAMA Application Review
Due: 8/26/2021
08/23/2021 NC -SBA
Applicant: Hervey, Benjamin
Project Location: adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project: The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 16, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"*
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
SIGNATURE a"""��" RECEIVED
DATE 08/26/2021
AUG 2 6 2021
PAP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 3, 2021
Regulatory Division
Action ID No. SAW-2021-01616
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Mr. Benjamin Hervey to expand an existing docking facility
in waters of/adjacent to Harlowe Creek, at 3114 Mill Creek Road, in Newport, Carteret County,
North Carolina.
Specifically, the expansion involves extending the existing pier 195' for a total length of
465' feet. The proposed pier extension would be 4' by 195', and a proposed "L" platform would
be 15' by IT, with an —13' by 13' boat lift on the south side of the proposed platform. This
proposed expansion would take the docking facility approximately 460' waterward of the normal
high water mark in order to access the -3' Normal Low Water (NLW) depth contour.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
2. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety
Office at [phone].
3. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.

-2-
4. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
6. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
8. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
9.The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
10. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter I I3A Article 4).
11. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by

-3-
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
12. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre -project condition.
13. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic Copy Furnished:
USEPA; Mr. Todd Allen Bowers
NCDEQ/DCM; Mr. Gregg Bodnar
NCDEQ/DWR; Ms. Holley Snider
USFWS; Mr. Pete Benjamin/Mr. John Ellis
NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Benjamin Hervey
LOCATION OF PROJECT SITE: The project is located adjacent to Harlowe Creek at
3114 Mill Creek Road near Newport, Carteret County.
Latitude:34°47'6.36"N Longitude: 76°43'29.91"W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 3/24/21
Was Applicant or Agent Present No
Photos Taken —No
PROCESSING PROCEDURE: Application Received — cc: 4/12/21
Office — MHC
SITE DESCRIPTION:
(A) Local Land Use Plan — Carteret County
Land Classification from LUP —Rural with Services
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — septic
Planned -none
(F) Type of Development: Existing— residential dwelling & dock
Planned -dock expansion
(G) Estimated Annual Rate of Erosion: N/A
Source —N/A
HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED
(A) Open Water 1,174 fie incorp/
1,005 ftz shaded
(E) Total Area Disturbed: 1,174 ft`
(F) Primary Nursery Area: Yes
(G) Water Classification: SA; HQW Open: Yes
(H) Cultural Resources: None
Project Summary: The applicant wishes to expand a docking facility within Harlowe
Creek for private use in Mill Creek, Carteret County.

Field Investigation Report:
Hervey
Paee 2
Narrative Description:
The property is located adjacent to Harlowe Creek at 3114 Mill Creek Road near Newport, Carteret
County. This lot is currently developed with a residential dwelling and dock. The existing pier is 4' by
270' and the existing platform is 10' by 15'. The adjacent riparian property to the north is
undeveloped and the adjacent riparian property to the south is developed with a residential dwelling.
The elevation of the adjacent high ground of the parcel is approximately 4' above the normal high
water level (NHL). Vegetation on the parcel mainly consists of lawn grasses, pine trees, and Coastal
Wetlands mainly consisting of Spartina alterniora and Juncus roemerianus. The parcel has 168' of
continuous shoreline along Harlowe Creek, a tributary of the Newport River. Immediate offshore
water depths adjacent to the parcel range from —0.5' to —6' normal low water. The subaqueous
substrate is soft with shell.
This proposal is not located near a Federal Channel.
area. This waterbody is approximately 1,137' acros
classified as a Primary Nursery Area. Submerged
location. This area is open to shellfish harvest and is
parcel is within the White Oak River basin.
Proposed Development:
There is not a cultural resource in the project
s at this location. These estuarine waters are
aquatic vegetation was not observed at this
classified as SA; High Quality Waters. This
The applicant is proposing to extend a private docking facility within Harlowe Creek, near Newport.
The proposed development would take place adjacent to 3114 Mill Creek Road, Carteret County.
This proposal is for private use in a rural residential setting.
The applicant is proposing to construct a 1-slip docking facility by extending the current dock to
sufficient water depths. The proposed pier extension would be 4' by 195' and the proposed "L"
platform would be 15' by 15' with a 13' by 13' boat lift on the south side of the proposed platform.
This proposed expansion would take the docking facility approximately 460' waterward of the
normal high water mark in order to access the -3' nlw depth contour.
Anticipated Impacts:
There is not a Federal Channel in the nearby vicinity of this proposed docking facility. This
proposal should not pose a hazard to traditional navigation as it is immediately adjacent to a
natural shoreline peninsula and does not appear to encroach into the traditional navigation route
of Harlowe Creek. The proposed docking facility would usurp 1,174 square feet of Public Trust
Area. Traditional marine construction methodology would be utilized during the construction of
this project. Turbidity impacts are not anticipated during the construction activities in the
Harlowe Creek.
Brad Connell July 26, 2021 Morehead City

Benjamin and Tanya Hervey
Hervey Dock Extension
Project Narrative
Introduction
Benjamin and Tanya Hervey are the owners of residential property located adjacent Harlowe Creek at
3114 Mill Creek Road in Newport in Carteret County. The property contains an existing residence,
driveway, and pier. The owners propose to extend the existing pier an additional 195' to reach deep
water. The pier extension will include a new platform and installation of one boat lift. No highground
development is proposed as part of this project.
Site Description
The project site measures 71,373 square feet (1.64 acres). A single-family residence, driveway, and pier
are located on the property. Vegetation at the site consists of lawn grass and wetland vegetation. The
approximate elevation of the site above Normal High Water (NHW) is +4'.
The existing pier measures 270' by 4' with a 10' by 15.4' platform at the waterward end for a total
existing structure length of 280'. The pier extends 55' into Harlowe Creek, measured from the
waterward edge of wetlands.
The total length of the shoreline measured along NHW is 168 linear feet. Coastal wetlands border the
shoreline, extending waterward for about 200'. An irregularly shaped peninsula of wetlands continues
for an additional 240' along the southern end of the shoreline.
An oyster rock is located at the waterward end or point of the wetlands as shown on project plans.
Shellfish are scattered predominantly 4' to 5' waterward of the outer marsh edges along the remaining
shoreline of the property. No submerged aquatic vegetation was observed during a survey completed in
January 2021.
Harlowe Creek is a Primary Nursery Area (PNA), as designated by the NC Division of Marine Fisheries.
Waters at the project site are classified as "Conditionally Approved Closed", meaning they are typically
closed to shellfish harvest, but can be temporarily opened when conditions warrant.
The project area is not zoned by Carteret County. Adjacent land uses to the project site are single-family
residential. The existing Hervey residence is served by an individual septic system, with drinking water
provided by a private well.
Benjamin and Tanya Hervey
Major CAMA Permit Application RECEIVED
April 9, 2021 Page 1
APR 12 2021
DCM-MHD CITY

Project Description
The owners propose to extend the existing pier an additional 195' to reach deep water. An additional
platform measuring 15' x 15' is proposed for location at the waterward end for a total finished length of
490' for the docking facility. A boatlift measuring 12.5' x 12.5' is proposed for installation adjacent the
southern side of the new platform.
The proposed dock extension and boat lift location limit additional impacts to coastal wetlands and
shellfish. Water depths at the location of the proposed boat lift measure -3' to -4' NLW. The project
engineer has calculated that 920 square feet of coastal wetlands are currently shaded and 20 square
feet of scattered and intermittent oysters are similarly impacted by the existing pier. No additional
shading of wetlands or shellfish is anticipated by the proposed new work.
The proposed docking facility will be located 43' from the adjacent riparian property to the north and
82' from the adjacent riparian property to the south. It will be located 1345' from the adjacent docking
facility to the north and 1675' from the adjacent docking facility to the south.
Harlowe Creek is 1137' wide at the narrowest point adjacent the project site. The proposed pier
extension will measure 265' from the waterward edge of coastal wetlands, and as such will not exceed
the one -quarter water body width of 284' for Harlowe Creek at the project site.
Construction Methods
Dock construction will employ conventional marine construction techniques. One barge with
pile -driving equipment stored in deep water will be used for construction of the dock extension.
All construction activities will occur during periods of water depths sufficient to avoid barge
from resting on or disturbing bottom.
Pre -Filing Meeting Request
In compliance with the Clean Water Act Section 401 Certification Rule, a Pre -Filing Meeting Request for
this project was submitted to the NC Division of Water Resources (DWR) on March 8, 2021. On April 8,
2021 DWR responded that the request had reached the 30 calendar days requirement and that the
permit application could be accepted. The ID number assigned to this project is 20210533, Version 1.
Included in this application is a copy of the DWR Pre -Filing Meeting Request Form that was submitted to
DWR and the email confirming that the pre -filing time clock was reached.
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 the CWA
401 certification request within the applicable reasonable period of time.
Benjamin and Tanya Hervey
Major CAMA Permit Application RECEIVED
April 9, 2021 Page 2
APR 12 2021
DCM-MHD CITY

Survey for Riparian Corridor to Extend Existing Pier
3114 Mill Creek Road, Newport, NC, PIN 63880324551E
Property of
Benjamin H. Hervey and wife Tanya D. Hervey
Project Period
December 2020— February 2021
Prepared by:
Brent A. Lanier PLS, GISP
Lanier Surveying Company PLLC
624-4 W. Corbett Avenue
Swansboro, N.C. 28584
[e-mail]
Submitted to
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, NC 28557
[e-mail]
coastalolannineservicesgDema il.com
SEAL
L-3611
-06,v i- A ��� ���•
2-lS-Zo2

Abstract:
A boundary retracement of the O.B. Culpepper property (Lot 9 in Map Book 4, page 4 of the Carteret
County Registry) and channel location or depth of the adjacent waters of Harlow Creek was required to
establish the riparian corridor for the extension of an existing pier. Aerial photography, tax mapping, an
original 1957 subdivision map, and a deed description from a survey from 2005 were consulted. No title
search was done by the surveyor or supplied. A title search is suggested. Further investigation of the
ownership of submerged land waterward of this property needs to be completed. The property is
developed with a house and other typical improvements. For this scope of work improvements were not
surveyed. Boundaries that were surveyed along the water included wetlands, mean high water and
coastal marsh. Wetland demarcations were established by elevation and the species composition and
distribution of coastal and wetland vegetation. The wetland and coastal marsh lines were delineated by
a cursory approach by showing more, as landward. Three original iron pipe corners were found. The
southwest corner was located near a ditch and had been replaced with an 18" rebar. The iron pipe
corners on the water were clearly visible and the southwest corner was covered with soil. There were no
significant changes in the boundary as to the original 1957 survey.
Survey Method Condensed:
The research was conducted in December, the maps and deeds were obtained by going online and
retrieving the documents off the Carteret County website. The deeds and map were entered into the
computer and checked for closure errors using Cad and Carlson Software.
The water portion of the survey was done on December 9, 2020. A flat bottom boat was used as the
platform. The water survey points were collected along 12, 25 minimum foot transect gridlinesat three
second intervals which resulted in a sounding every 5 feet. The survey method used was using a Trimble
R12i GNSS receiver linked to the North Carolina Real Time Network by cellular hotspot (Pivers Island,
Beaufort, NC base station) and was able to obtain centimeter level elevation at the base of the GPS/
GNSS receiver. A Sea Floor Sonarmite was used to collect the soundings and Bluetooth to a ruggedized
Trimble computer using Windows 10 operating system that applied the depths to the corrected GNSS
position. A total of 10.5 acres were surveyed where the depth was greater than 15 inches resulting in
2700 data points.
The land survey was done on January 24, 2021. A computer work sketch was generated from the deeds
and was used as a guide for preliminary measurements and a Subsurface Instruments magnetometer
was used to locate the buried iron stake corner. A Trimble GNSS receiver was used to take precise
measurements of the existing corners. Rotation and translation calculation was performed to compute
the deed corners to NC state plane coordinates. The coastal vegetation and freshwater wetlands were
mapped. A topographic survey was completed along a 25' transect from the upland through the marsh
below the high water mark.
The post Held office work began by downloading the data into the computer, plotting, editing points and
inspecting the data. NOAA VDATUM program was used to compute the mean high water elevation, and
mean low water at the Harlow Creek site. The Beaufort Tidal Gauge was used as a quality control check.

Carlson software was used to map the high water elevation. A 3D contour model was generated for the
water portion. The expected accuracy is 0.1' - 0.2' of the water portion with a 95 percent confidence
level and centimeter level for the land work.
Equipment:
2020 Trimble R12i GNSS receiver
2020 Sea Floor Sonarmite
2020 Trimble TSC7 Windows 10 field computer
Carlson Survey 2020 office software
Subsurface Instruments magnetometer
2015 Brunswick Marine Bayrider with 150 Yamaha, USCG safety equipment and commercial insurance

Kathy Vinson
From: [e-mail]
Sent: Thursday, April 08, 202112:02 AM
To: [e-mail]
Cc: [e-mail]
Subject: Pre -Filing Time Clock has been reached for Hervey Dock Extension - 20210533 Ver 1
Attachments: DWR Pre -Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Hervey Dock
Extension that you submitted on 3/8/2021. The ID number for that project is 20210533, Version 1.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be
accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
Intemal Use only: Non Transportation
Wo Virus -free. www.avq.com
RECEIVED
APR 12 2021
DCM-MHD CITY

ID#* 20210533 - Version* 1
Regional Office * Wilmington Regional Office - [phone]
Reviewer List * Holley Snider
Pre -Filing Meeting Request submitted 3/8/2021
Contact Name * Kathy Vinson
Contact Email Address*
Project Name *
Project Owner*
Project County*
Owner Address:
[e-mail]
Hervey Dock Extension
Benjamin and Tanya Hervey
Carteret
Street Address
103 Tropez Lane
Address Line 2
city
Cary
Postal I Zp Code
27511
Is this a transportation project?* r Yes r No
State / Fhrvirce / Fbgion
NC
Country
USA
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification- r 401 Water Quality Certification -
Regular Express
r Individual Permit r Modification
r Shoreline Stabilization
Does this project have an existing project ID#?
r' Yes r• No
Do you know the name of the staff member you would like to request a meeting with?
Holley Snider
Please give a brief project description below and include location information.
RECEIVED
APR 12 2021
DCM-MHD CITY

Benjamin and Tanya Hervey are the owners of residential property
located adjacent Harlowe Creek at 3114 Mill Creek Road in Newport.
An existing pier extends 55' into Harlowe Creek, measured from the
waterward edge of coastal wetlands that border the shoreline.
Harlowe Creek is classified as a Primary Nursery Area by the NC
Division of Marine Fisheries.
The owners propose to extend the existing pier an additional 195',
construct a new platform measuring 15' x 15' at the end of the
extension, and install one boat lift as shown on the attached plan.
Normal low water depths at the location of the proposed boat lift
measure -2.5' to -3.0'.
Scattered oysters are observed along the shoreline of the property
extending waterward of coastal wetlands for a distance of 4' to 5'. An
oyster rock is located at the waterward end or "point" of coastal
wetlands located south of the proposed pier extension. No
submerged aquatic vegetation was observed during a recent survey
completed in January 2021.
No highground development is proposed as part of this project.
Please give a couple of dates you are available for a meeting.
311512021
3/17/2021
3/19/2021
Please attach the documentation you would like to have the meeting about.
Hervey —Mill Creek Road 03082021.pdf 361.92KB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
o yffV*1A,tr
Submiftal Date 3/8/2021
RECEIVED
APR 12 2021
DCM-MHD CITY

ROY COOPER
oonerm,.
DIONNE DELLI-GATTI
Secretary
BRAXTON C. DAVIS
Director
Coastal Management
ENVIRONMENTAL OUALITY
April 15, 2021
The Carteret News Times
Legal Advertisement Section
5039 Executive Drive, Ste 300
Morehead City, NC 28557
Re: Public Notice —Benjamin Hervey
Dear Sir or Madam:
Please publish the attached Notice in the April 25, 2021 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 Jessica Gibson, NC Division of Coastal Management, 400 Commerce
Avenue, Morehead City, North Carolina 28557, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
Sincerely,
Brad Connell
Coastal Management Representative
Enclosure
cc: Gregg Bodnar
Roy Brownlow
Nothing Compares
State of North Carolina I Environmental Quality I Coastal Managenuunt
400 Commerce Ave I Morehead City, NC 28557
252 808 2809 T

NOTICE OF FILING OF
APPLICATION FOR LAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as
designated under the LAMA was received on April 12, 2021. According to said application, Mr. Benjamin
Hervey proposes to expand a docking facility within Harlowe Creek, adjacent to 3114 Mill Creek Road near
Newport, Carteret County. A copy of the entire application may be examined or copied at the office of
Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC,
[phone] 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 May 15, 2021, 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: April 25, 2021
�Nothtng Compares�.�
State of North Carolina I Environmental Quality I Coastal Management
400 Commeme Ave I Morehead City, NC 28557
252 808 2808 T

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRAXTON DAVIS
Director
April 15, 2021
Mr. Benjamin Hervey
103 Tropez Lane
Cary, NC 27511
Dear Mr. Hervey:
NORTH CAROLINA
Enr/ronmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located adjacent to Harlowe Creek at 3114
Mill Creek Road near Newport, Carteret County. It was received on April 12, 2021, and
appears to be adequate for processing at this time. The projected deadline for making a
decision is June 26, 2021. An additional 75-day review period is provided by law when such
time is necessary to complete the review. If you have not been notified of a final action by
the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However,
an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from April 12, 2021, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which
must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along your property where it can be observed from a public
road. Some examples would be: Nailing the notice card to a telephone pole or tree along
the road right-of-way fronting your property, or at a point along the road right-of-way
where a private road would lead one into your property. Failure to post this notice could
result in an incomplete application.
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.808.2808
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 1252264.3901

An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
add d9AMMAM
Brad Connell
Coastal Management Representative
BC
Enclosure
CC: Roy Brownlow, District Manager
Gregg Bodnar, Asst. Major Permits Coordinator
Kathy Vinson, Coastal Planning Services, Inc.
_y.
North Carolina Department of Environmental Quality I Division of Coastal Management
DEQ7
Washington Office 1943Washington Square Mail IWashmgtanNorthCarolina278891252.946.6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carohna284051 910.796.7215
o,,..�.„...,
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252,8082808
Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Eltzabeth City, North Carolina 27909 1252264,3901

NOT 1 (010$ 1 ?gA
CAMA PERMIT
APPLIED FOR
PROJECT: Extension of an existing dockin
facility adjacent to 3114 Mill Creek Road within
Harlowe Creek.
COMMENTS ACCEPTED THROUGH May 15, 2021
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Mr. Benjamin Hervey --� Brad Connell - DCM
103 Tropez Lane 400 Commerce Avenue
Cary, NC 27511 Morehead City, NC 28557
[phone] ext. 214

Benjamin H. Hervey
103 Tropez Lane
Cary, North Carolina 27511
919-815-7904
ben@.herveyandhervgy.com
July 8, 2020
To Whom It May Concern:
I authorize Kathy Vinson, AICP to represent me and apply for CAMA permits associated
with my property located at 3114 Mill Creek Road, Newport, North Carolina. This
authorization extends to all permits and authorizations required by local, state, and
federal agencies that may be required as part of the permitting process.
I also authorize release of information related to the project site to Ms. Vinson, including
boundary surveys, topographic maps, and results of wetland delineation and soil
permeability tests.
If you have questions or need additional information, please contact me at the address or
phone number shown above.
Sincerely,
Benjamin H. Hervey
RECEIVED
APR 12 2021
DCM-MHD CITY

m
-a
e .
=
-0
Newaortt NC 28570
r-
r-
certmea rs o Fae
$3.60
�
$
Fxhe Services&Fees (cn«xow, eeeM )
❑IiaWm HxaPt (neiemPn S
p
p
❑RNum HFWt(Neclmnk) d l�ffr,M1�
p
COASTAL PLAl\TNIl� p
°m-�RN �°" E
❑Wean sg-W-n.ture aeguxee a 0
❑Adun aknewre PeaMctee Ueueery E
�
Kathy B. Vine o
Postage
$2.20
Total Postage and Fees
s $8.65
Comprehensive Lard Use Plannin; Er
Sen(To
P.O. Box 827 N
Morehead City, NC 28557
crc s7eare;z/f0..-
A o,.lvr.t 11A
April9,2021
Ms. Betty Culpepper
116 Preston Lane
Newport, NC 28570
Re: Major CAMA Permit Application
Benjamin and Tanya Hervey
Dear Ms. Culpepper.
0557
06
Postmark
Here
04/09/2021
Coastal Planning Services, Inc. is providing CAMA permitting assistance to Benjamin and Tanya Hervey for
improvements to an existing dock at their property located at 3114 Mill Creek Road, Newport, North Carolina. The
project includes extension of the existing dock, construction of a new platform, and installation of a boat lift.
A Major CAMA (Coastal Area Management Act) permit will be required to build the project. CAMA requires that
adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be
provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are
notifying you of the proposed plans.
Enclosed with this letter are copies of the permit application and plats.
may reach DCM at the following address and phone number.
Mr- Brad Connell
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Telephone: [phone]
No action on your part is required if you have no comments or objections. No response is considered the same as no
objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information
regarding the project. You may also reach me at kbvinsonnec.rr.com
Sincerely,
Kathy B. Vinson, A1CP
RECEIVED
Enclosures APR 12 2021
DCM-MHD CITY

In
r Neljp�4fki, ate"
/ N eerfifiedMall Fes fJ.6U
ri $
Exta rvcesx aes l�lwcYbac.aayw )
O ❑aelurn flecNpt (IUNcop� S
O ❑se mHecelPl Msommb) Ste_
p ❑Cemtlba Wllne.msi. DWN y $ $0.08—
COASTAL PLANNING � o �"=
O Pos age
Kathy B. Vinson, : o Total Postage an FeN 20 \
Comprehensive Land Use Planning and i n s $8.65
Sent To
s eeie G r.a74 P.O. Box 827
0557
06
Postmark
Here
04/09/2021
Morehead City,NC 28557 - - ---- ------ 7'4
April 9, 2021
Mr. James L. Chadwick
1467 Old Winbeny Road
Newport, NC 28570
Re: Major CAMA Permit Appflcation
Benjamin and Tanya Hervey
Dear Mr. Chadwick:
Coastal Planning Services, Inc. is providing CAMA permitting assistance to Benjamin and Tanya Hervey for
improvements to an existing dock at their property located at 3114 Mill Creek Road, Newport, North Carolina. The
project includes extension of the existing dock, construction of a new platform, and installation of a boat lift.
A Major CAMA (Coastal Area Management Act) permit will be required to build the project. CAMA requires that
adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be
provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are
notifying you of the proposed plans.
Enclosed with this letter are copies of the permit application and plats.
this notice. You may reach DCM at the following address and phone
Mr. Brad Connell
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Telephone: [phone]
No action on your part is required if you have no comments or objections. No response is considered the same as no
objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information
regarding the project. You may also reach me at kbvinson,a ec.mcom
Sincerely,
Kathy B. Vinson, AICP
Enclosures
RECEIVED
APR 18 2021
DCM-MHD CITY

Domestic
L n
co
tiNe
Mail Fee f3 60
(1557
M1CeNfietl
'�
aan oc
06
Fxtre $ervicesa gas (wewmc aeeme )
C3
C3
❑Realm Re-"qad-nth a
❑saaaeR la(ele '-) s $0_00
Postmark
COASTAL PLANNING
O
❑Mat slgWure Fiequ i
o '"�: � s$
Hare
Kathy B. Vinson,,
o
04/04/2021
Postage
Ee2�
Total w
a $8.65
Comprehensive Land Use Planning and,
P.O. Box 827
Er
ry
Sent To
SS{-� - �5?�11�k ----------------
SiieetXa, orf4Y ...."_ .
Morehead City, NC 28557
l 9 C----------.-.
tiit-siere, z�a+r'.'� - _ � ,� ��, � o ten, /I
April 9, 2021
Ms. Ora G. Ostling
135 Preston Lane
Newport, NC 28570
Re: Major CAMA Permit Application
Benjamin and Tanya Hervey
Dear Ms. Ostling:
Coastal Planning Services, Inc. is providing CAMA permitting assistance to 'Benjamin and Tanya Hervey for
improvements to an existing dock at their property located at 3114 Mill Creek Road, Newport, North Carolina. The
project includes extension of the existing dock, construction of a new platform, and installation of a boat lift.
A Major CAMA (Coastal Area Management Act) permit will be required to build the project. CAMA requires that
adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be
provided to the neighbors to comment or object to the proposal. We are notifying you of the proposed plans because
the Carteret County website online mapping portal indicates that you are an adjacent riparian property owner.
Enclosed with this letter are copies of the permit application and plats. If You have objections or comments
regarding the proposal, please write or call the Division of Coastal Management (DCM) within 30 days of receipt of
this notice. You may reach DCM at the following address and phone number.
Mr. Brad Connell
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Telephone: [phone]
No action on your part is required if you have no comments or objections. No response is considered the same as no
objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information
regarding the project. You may also reach me at kbvinsonri�ec.rr.com
Sincerely,
cil' 3. ZJ4M .brLJ
Kathy B. Vinson, AICP
Enclosures
RECEIVED
APR 12 2021
DCM-MHD CITY

COASTAL PLANNING SERVICES, INC.
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827
Morehead City, NC 28557
April 29, 2021
Mr. Brad Connell
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit Application
Benjamin and Tanya Hervey
Dear Brad:
Office 252.354.4916
Fax [phone]
Enclosed are the green card receipts for the certified mail notices of the Hervey major permit application.
Receipts from deliveries to Ora Ostling, James Chadwick, and Betty Culpepper are included.
Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or
need additional information.
Sincerely, y,
U.fii�
KathyB. son, AICP
Enclosures
RECEIVED
APR 3 0 2021
DCM-MHD CITY

� #i«v#mm/� )yam � ,G� ;

■ Complete items 1, 2, and 3. "'a""""
■ Print your name and address on the reverse �Z
so that we can return the card t- you.
■ Attach this card to the back of the mailpiece, B. Recely y
or on the front if space permits. /%l/�' Ai
i. Article Addressed to: D. Is ery adoeff M
If S, enter delivery ar
Osf/ins/
�S /�res7/dn Lean'L M
wJOd rTt� AJG a 8570 v
`.o
3 ServiCe n..
IIIIIIIIIIIIIIIIIIIIIIIIIIII III INIIII INIII ❑0 Sins
Adult Signatu
liedmalle
9590 9402 3799 8032 5912 33 ❑ Carlined Mail Restricted Dsllw
:. Date of Delivery
y up-ZOLI
1? ❑ Yes
❑ No
n
f
ority, Mail Express®
gistered Mallr-
geftW Mall Restricted
2....... .... _ .,, a �, m � .,z, ,_.. Ul'm-rvualwatt. emeg,a„e,.
7 019 01611 0 0 0 0 1777 8549 estri ed Delivery Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000.11M Domestic Return Receipt
■ Complete items 1, 2, and 3. A. Sig re
■ Print your name and address on the reverse X / ❑ Ad
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, B R Ived by (Printed Name) C. to of
or on the front if space permits. ,
1. Article Addressed to: D. Is dillivery address different from Rem 12f ❑ YIK
If YES, enter delivery address below: ❑ No
y I / RECEIVE,-.'
//6 Presa'el-7 Z t .7L
/Ik w p or tj /t/G q7 8S-70 11 APR 3 0 2021
(IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIII3.
dDeHD C❑g
M�Pail ResM®cletl
oAdurvsgnaf�CMt Re
t
9590 9402 3799 8032 5912 19
milled Mail® D
❑ Distilled Mail Restricted Delivery ❑ Return Recelpt for
❑ collect on Delivery Merchandise
^ n.mu.. aG....r.e. bin^erer ,aervige Uhwll
❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation•°
7 019 016 0 0 0 0 0 17 7 7
8 5 6 3 all Restricted Delivery ❑ Signature COM enatlon
Restricted Delivery
11
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt ;
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
IVr, .J4mes ('hA f//GIG
/'V 6 7 O/C-/ 4J/n
HIIIIIII IIII IIIIII II IIIIIII III IIIIIIIIIIII III
9590 9402 3799 8032 5912 26
C.
Is deliveryeddress different from Item 1? m Yes
It YES, enter delivery address below: ❑ No
RECEIVED
APR 3 0 2021
a. Service rvpeDCM-M M U pdf Mail Express®
❑Ad°ult Signature Registered Mail"-
0
ult Signature Restricted Delivery ❑ Registered Mail Restricted
Certifed Mail® Delivery
M rmralM Mau Raatdnle l Dslivery ❑ Return Recelot for
❑ Collect on Delivery memmagmse
❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation—
p, �+r.ue ra,••^nv Tmn.Mar Irom service lebep ,,-„ ❑ Signature Confirmation
7019 0160 0000 1777 8556 sstricted Delivery Restricted Delivery
P3 Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt

CARTERET COUNTY
27363 04ie5i2ees
gi $220.00
rt�,dt`�A
� Real Estate
Excise Tax
hlelanie Arthur ?P
rARTF.RF f CQUI.I f '
BWC Date 04i05/P 06 Time 'l'r`ti f.r00
GR 116533S Pafle t of i
NORTH CAROLINA, CARTEFET COUNTY
This instrument and this certificate are duly filed at
the date and time end in tee Ba+k oral Page shown
on the first page hereof.
Me nie Anhuf, Re s r of Deeds
By � , a,,, arcel # 6388,03.24.5516
Excise Tax $220.00
File No. 10147/HBRVEY-B.X
NORTH CAROLINA GENERAL WARRANTY DEED
This DEED made this the 30th day of March, 2006, by and between DENVER G. LAMB AND
WIFE, DORA C. LAMB, hereinafter "Grantor" and BENJAMM H. HERVEY AND WIFE, TANYA D.
HERVEY, 701 E. Chatham St, Ste 205, Cary, NC 27511, hereinafter "Grantee". The designation Grantor
and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in Harlowe Township, Carteret County, North Carolina
and more particularly described as follows:
BEGINNING at a iron stake south of Dowry Road, which point is the southwest corner of the
Culpepper property (Lot 8) as described in Deed Book 178 at page 30, thence N 01-30-00 E,
209.45' to an iron stake, which is the point and place of beginning; thence from the point and
place of beginning so located N 01-30-00 E, 215.00' to a new iron stake in the south line of
Catherine's Place; thence with the south right of way S 77-00-00 E, 436.54' to a new iron stake
in the high-water mark of Harlowe Creek; thence with the high-water mark of Harlowe Creek the
following:
S 50-23-49 W, 30.91' to a point, thence S 21-40-50 W, 51.36' to a point; thence S 38-47-48 W,
25.58' to a point thence S 22-34-00 E, 57.68, to a new iron stake;
thence leaving the high-water mark and running N 86-31-52 W, 395.02' to the point and place of (�
beginning. This being all of that property as shown on that survey entitled, "Survey for Denver \\
Lamb and Dora Jean Lamb", dated November 8, 2005, prepared by Arthur R. Denning and
incorporated herein for a more accurate description. The above property is all of Lot "9" as
shown on that plat recorded in Map Book 4, page 4, Carteret County Registry and is the same
property conveyed to Grantor by deed recorded in Book 748 at page 471, Carteret County
Registry.
SIN r
RECEIVED
APR 12 2021
DCM-MHD CITY

Also conveyed are all right of ingress and egress from the above described property across
Dowty Road, identified as "road" on the above plat and also all right of ingress and egress over
that that unmanned street to the State Road as shown on the above referenced plat, which road is
know as Catherine's Place and located north of the property line.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons
whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove is subject to the following exceptions:
Restrictive Covenants of record.
2. Public utility easements of record.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first
above written.
Za,�M�� nvrJC) (SEAL)
DENVER G. LAMBS JJ
�I 04 C C laN (SEAL)
DORA C. LAMB
STATE OF North Carolina
COUNTY OF Carteret
1, Denise Lewis , a Notary Public of the aforesaid County and State, do hereby
certify that DENVER G. LAMB AND WIFE, DORA C. LAMB personally came before me this day and
acknowledged the due execution of the foregoing instrument.
wurvra>
DENISE LEWIS
NOTARY PUBLIC
CARTERET COUNTY, N. C.
My
nd official stamp O seal, this the30th day of March, 2006.
IJ C% tiL�
NOTARY PUBLIC
ktober 30, 2010
F:\MSOflice\documents\DEEDS\hervey deed from lamb.DOC 3s!�-
(1L� L
RECEIVED
APR 12 2021
DCM-MHD CITY

RECEIVED
APR 12 2021
DCM-MHD CITY

COASTAL PLANNING SERVICES, INC.
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Fax [phone]
April 9, 2021
Mr. Brad Connell
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit Application
Benjamin and Tanya Hervey
Dear Brad:
Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of
Benjamin and Tanya Hervey for improvements to their property located at 3114 Mill Creek Road
adjacent Harlowe Creek in Newport. Mr. and Mrs. Hervey propose to extend an existing dock and add a
platform and one boat lift to the docking facility.
Coastal Planning Services, Inc. check #1336 in the amount of $250.00 for the permit application fee is
also enclosed. The adjacent riparian property owners have been notified of the project plans by certified
mail. Green card return receipts will be submitted to you as soon as they are returned by the Post Office. I
will provide the additional required large -format copies once your review is complete.
Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or
need additional information. I look forward to continuing to work with you on this project.
Sincerely,
�. v
Kathy B. mson, AICP
Enclosures
RECEIVED
APR 12 2021
')CM-MHD CITY

MAJOR PERMIT FEE MATRIX
Applicant; Hervey
Selection
Development Type
:
Fee
DCM %
DWQ %
1
(14300 160143510009316256253)
(24300 1602 435100095 2341)
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
H. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
111. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied:
III(B). Public or commercial
❑
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) cannot
be a lied;
IV. For development that
involves the filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

—This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/1/2012)
Applicant: Benjamin Hervey
Date: 4115/21
Project Site County: Carteret
Staff: Brad Connell
District: Elizabeth City []Washington
®Morehead City ❑Wilmington
Project Name: Hervey dock expansion
Date of initial application submittal (EX: 1/8/2007): 4/12/21
Date application "received as complete" in the Field office (EX: 1/8/2007): 4112121
Permit Authorization: OCAMA Elbredge & Fill Both
SITE DESCRIPTIONIPERMIT INFORMATION
PNA: SYes No
Photos Taken: Yes ❑ No®
Setback Required (riparian): ®Yes []No
Critical Habitat: OYes []No ®Not Sure
15 foot waiver obtained: ❑Yes ®No
Hazard Notification Returned:
[]Yes ®No
SAV: Yes UNo ❑Not Sure
Shell Bottom: ZYes EJNo Not Sure
Temporary Impacts: [-]Yes ®No
Sandbags: ❑Yes ®No Not Sure
Did the land use classification come from
county LUP: ®Yes ❑No
Mitigation Required (optional):
❑Yes []No
Moratorium Conditions: ❑Yes ®No
[]NA
Environmental Assessment Done:
[]Yes []No ® NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
I LJ Swamp Waters (SW)
® High Quality Waters (HOW)
❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemifiora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
0 (SP) Salt/meadow, grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
0 Major Modification to a CAMA Major
El IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
Ll Major development extension request -
II. Public or commercial/no dredge
$100
and/or fill - $400
® I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252-800-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 02/15/10

INC Division of Coastal Mgt. Application Computer Sheet, Page 2 of s}
Applicant: Hervey
Date: 7/26/21
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension
Dimension 4
One
One
3
Pier
1
New work
Replace
4'
195,
Maint ❑
❑ Y ON
Platform
l
New Work
Replace
] 5'
15'
(fixed)
Maint ❑
❑ Y ON
Boat Lifts
1
New work ®
Replace
13'
13'
Maint ❑
❑ Y ON
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
revised 02/15/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Hervey
Date: 7/26121
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Open Water
Dredge ❑ Fill ❑ Both ❑ Other ®
1,174 ft'
1,174 ft'
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1-888.4RCOAST :: w .nccoastalmanaaement.net revised: 02/15/10

Major CAMA Permit Application
Benjamin & Tanya Hervey
3114 Mill Creek Road
Newport, North Carolina
April 2021
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, North Carolina 28557
Telephone [phone]
[e-mail]
[e-mail]
RECEIVED
APR 12 2021
DCM-MHD CITY

Table of Contents
Benjamin & Tanya Hervey
Major CAMA Permit Application
April 2020
Contents
Application Documents
DCM MP — 1 Application
DCM MP — 4 Structures
Project Narrative
Introduction
Site Description
Project Description
Construction Methods
Pre -Filing Meeting Request
Project Plans
Sheet 1 of 1
Authorized Agent Letter
Property Deed
Notices to Adjacent Riparian Property Owners
Betty G. Culpepper
James L. Chadwick
Ora G. Ostling
RECEIVED
APR 12 2021
DCM-MHD CITY

DCM Coordinator: Greea Bodnar Distributed Yes® No ❑
Applicant: Hervey Distribution Date:7/26/21
AGENCY
WIRO
WARO
LPO
Rachel Love Adrick MHC
Rachel Love Adrick Washingon
DCM Planner
Mike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
Liz Hair
Raleigh Bland (Beaufort Camden, Chowan,
(Carteret, Onslow, Pender)
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Jordan Jessup (TBD)
Josh Peletier— (Bertie, Currituck, Dare, Gates,
Greg Curry (TDB)
Pamlico, Pasquotonk, Washington)
USCOE (NC DOT)
(Brunswick, New Hanover)
DOT - TomSteffans— (Beaufort, Carteret,
DOT Brad Shaver
Craven, Pamlico
(Brunswick, New Hanover, Onslow,
Pender)
Mark Zeigler (Onslow, Pender, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort Carteret Craven, Eliz
Lee Padrick (Beaufort Carteret Craven
City, Pamlico, Washington)
Eliz City, Pamlico, Washington
Cultural Resources
Renee Gledhill -Earley
Renee Gledhill -Earley
Div. of Water
Infrastructure
Heidi Cox
Clif Whitfield
Marine Fisheries
Kimberlee Harding
Jimmy Harrison
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon Gupton
Shannon Jenkins & Sharon Gupton
State Property
Tim Walton & Mike Moser & Wanda
Tim Walton & Mike Moser & Wanda Hillard
Hillard
DEMLR/DWR:
Sheri A. Montalvo/Shelton Sullivan
Sheri A. Montalvo/ Shelton Sullivan
(NC DOT)
Kristy Lynn Carpenter
Kristy Lynn Carpenter
DEMLR
Sediment & Erosion
Dan Sams
Sami Dumpor
Storm water
Christine Hall
Roger Thorpe
DWR401 #AV
Robb Mah (Carteret New Hanover
Anthony Scarbraugh
Onslow, Pender,)
Chad Coburn (Brunswick)
(NC DOT)
Joanne Steenhuis Brunswick, New
Garcy Ward
Hanover, Onslow, Pender
WRC
Maria Dunn (WARD)
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program
Rodney Butter
Rodney Bulter
T:\Admin Files\Maddy\2021 Admin forms\Distribution our office\Comment Sheet - sending for comments.docx
Revised : 5/7/2019

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 26, 2021
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregq.bodnar(a)NCDENR.gov
SUBJECT: CAMA Application Review
Applicant:
Hervey, Benjamin
Project Location:
adjacent to Harlowe Creek at 3114 Mill Creek Rd. near Newport, Carteret County.
Proposed Project:
The applicant wishes to expand a docking facility within Harlowe Creek for
private use in Mill Creek, Carteret County.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg
Bodnar at the address above by August 16, 2021. If you have any
questions regarding the
proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
"*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE
DATE
D Q�,�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

NC Division of Coastal Management
Cashier's Official Receipt
Received From: otS J JG 04) 1416 serui c <,
Permit No.: A 1iO r
Applicant's Name: , l Q-C 'e u
Project Address:
1 u ;) �ri� Yk Rol ,
14394 A BQD
Date: 20a
S OZ 510
Check No.: 13 3l2
County: CGC:(&*k
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:"
Date:
Date: cam' ,

CARTERET COUNTY
27363 04ie5i2e06
$220.00
STM FF " Real Estate
f!•"A � Excise Tax
=F&
Melanie Arthur PP
CARTERET COUNTY
BWC Date 04/05/P006 Ti.eie 13c ,6r00
GR 1165335 Pane i of 2
NORTH CAROLINA, CARTERET COUNTY
This Instrument and this certificate are duty filed at
the date and time and in the Balk and Page shMM
on the first page hereof.
Me ie Anhur. A pler of Oseds
By PAgWWaDam, arcel # 6388.03.24.5516
Excise Tax $220.00
File No. 10147/HERVEY-B.X
Prena d by' The Harris low tYr PLLC
NORTH CAROLINA GENERAL WARRANTY DEED
This DEED made this the 30th day of March, 2006, by and between DENVER G. LAMB AND
WIFE, DORA C. LAMB, hereinafter "Grantor" and BENJAMIN H. HERVEY AND WIFE, TANYA D.
HERVEY, 701 E. Chatham St, Ste 205, Cary, NC 27511, hereinafter "Grantee". The designation Grantor
and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH;
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in Harlowe Township, Carteret County, North Carolina
and more particularly described as follows:
BEGINNING at a iron stake south of Dowty Road, which point is the southwest comer of the
Culpepper property (Lot 8) as described in Deed Book 178 at page 30, thence N 01-30-00 E,
209.45' to an iron stake, which is the point and place of beginning; thence from the point and
place of beginning so located N 01-30-00 E, 215.00' to a new iron stake in the south line of
Catherine's Place; thence with the south right of way S 77-00-00 E, 436.54' to a new iron stake
in the high-water mark of Harlowe Creek; thence with the high-water mark of Harlowe Creek the
following:
S 50-23-49 W, 30.91' to a point, thence S 2140-50 W, 51.36' to a point; thence S 38-4748 W,
25.58' to a point thence S 22-34-00 E, 57.68' to a new iron stake;
thence leaving the high-water mark and running N 86-31-52 W, 395.02' to the point and place of�
beginning. This being all of that property as shown on that survey entitled, "Survey for Denver
Lamb and Dora Jean Lamb", dated November 8, 2005, prepared by Arthur R. Denning and
incorporated herein for a more accurate description. The above property is all of Lot "9" as
shown on that plat recorded in Map Book 4, page 4, Carteret County Registry and is the same
properly conveyed to Grantor by deed recorded in Book 748 at page 471, Carteret County
Registry.
BQQ�--f�
RECEIVED
APR 12 2021
DCM-MHD CITY

Also conveyed are all right of ingress and egress from the above described property across
Dowry Road, identified as "road" on the above plat and also all right of ingress and egress over
that that unmanned street to the State Road as shown on the above referenced plat, which road is
know as Catherine's Place and located north of the property line.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons
whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove is subject to the following exceptions:
Restrictive Covenants of record.
2. Public utility easements of record.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first
above written.
�_DnytGt JJ D�.nX� (SEAL)
DENVER G. LAMB �1
0t4� C iw.X/` (SEAL)
DORA C. LAMB
STATE OF North Carolina
COUNTY OF Carteret
),_ Denise Gems a Notary Public of the aforesaid County and State, do hereby
certify that DENVER G. LAMB AND WIFE, DORA C. LAMB personally came before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official stamp olr seal, this the30th day of March, 2006.
DENISI- L11
EWIS III
NOTARY PUBLIC
CAMERET COUNTY. N. G NOTAR PUBLIC
My Commission Expires: October 30, 2010
F:\MSOMce\documentslDEEDSWervey deed from lamb.DOC
RECEIVED
APR 12 2021
DCM-MHD CITY

RECEIVED
APR 12 2021
DCM-MHD CITY