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HomeMy WebLinkAbout107-21 Scouts LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for 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 Scouts LLC., PO Box 1555, Goldsboro, NC 27533 Permit Number 107-21 Authorizing development in Carteret County at ado. to Bogue Sound and the AIW W, at 2911 Evans St., in Morehead City as requested in the permittee's application dated 4/26/21, including attached workplan drawings (2), Sheets 1-2 of 2 both dated 12/11/20. This permit, issued on August 19, 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. Docking Facility Expansion 1) This permit authorizes only the boat 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 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 area of riparian access. 3) This permit authorizes one (1) additional formalized boat slip for a maximum of three (3) formalized boat slips at this docking facility. (See attached sheet 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 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. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Scouts LLC. Permit No. 107-21 Page 2 of 2 ADDITIONAL CONDITIONS 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) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. USACE Conditions 7) 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.eov/raleigh/pdfs/ManatceGuidelines20l7.pdf. General 8) 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, including but not limited to any authorizations from the Town of Morehead City. 9) 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. 10) 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 Regional General Permit 197800056 (Action ID SAW-2021-01456). 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. 2021-1094. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Ms. Alice Glennon PO Box 30803 Greenville, NC 27833 aglennon@embarqmail.com Dear Ms. Glennon, NORTH CAROLINA Envlronmenta/Quality September 14, 2021 ��l F This letter is intended to notify you of the issuance of a CAMA Major Permit No. 107-21 for proposed development by Scouts LLC., at 2911 Evans St., in Morehead City, Carteret County. The proposed project consisted of a third slip consisting of a boatlift. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for reference. I would like to bring your attention to Condition No. 2 that limits the proposed development to outside the riparian buffer. If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: Heather Styron Roy Brownlow Sincerely, Gregg Bodnar Assistant Major Permits Coordinator 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 tea) Q-Z--� cxrfw� Cam- . RECEIVED �' C Pew 30�0 3 JUN o 7 2021 DCM-MHD CITY Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, September 14, 2021 2:42 PM To: aglennon@embanclmail.com' Cc: Styron, Heather M.; Brownlow, Roy D; Howell, Jonathan Subject: CAMA permit issuance for Scouts LLC. Attachments: 107-21 Scouts LLC.pdf; Glennon (Scouts LLC).pdf Afternoon Ms. Glennon, Please see above for a copy of the issued permit and a letter detailing the issuance and your rights. Per our discussion 1 detailed your concerns you have about the boat lift alignment below. Heather and Roy, Ms. Glennon believes that the boat lift is located within the riparian setback. Ms. Glennon did not waive the setback and therefore the permit was conditioned for the lift to be outside the setback. She would like a permit compliance visit to occur to determine the location of the lift in relation to the setback. Regards, D E Q'I- NDelCfa4Yc![s;ai das'.y� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 SW 28N ext 21S (Office) Greim.Bodnar6bftodAqriL ov Email correspondence to and from this address is subject to the North Carolina Public Records law and may be disdosed to third parties. Bodnar, Gregg From: Styron, Heather M. Sent: Friday, September 10, 2021 10:43 AM To: Bodnar, Gregg Cc: Keefe, Madeline 1; Cannon, Amanda J Subject: FW: [External] Object to Major Permit for Scouts LLC, Seegars. Have we addressed Mrs. Glennon's objections for this one? It is the Scouts LLC major permit. -----Original Message ----- From: Brownlow, Roy D Sent: Thursday, June 3, 2021 3:37 PM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: FW: [External] Object to Major Permit for Scouts LLC, Seegars. Have we received this one yet? -----Original Message ----- From: Alice Glennon <aglennon@embarqmail.com> Sent: Wednesday, June 2, 20214:15 PM To: Brownlow, Roy D <roy.brownlow@ncdenr.gov> Cc: heather.m.styron@ncden Subject: [External] Object to Major Permit for Scouts LLC, Seegars. CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> I am writing to object to the Major Permit for Scouts LLC, Neal W. Seegars, 2811 Evans St., Morehead City, NC. Mr. Seegars lives to the left of me. He already has two boat lifts and one is on my side of his pier which blocks my view and when he puts his boat on it, the boat comes several feet out from the lift which is already longer than it should be. He has another lift on his side of the pier and lots of space where he could add another lift without blocking me. I do not think it is fair to allow a third lift to be permitted in the spot Mr. Seegars wants to build it. On May 22,2021 at 2:00pm, I was handed papers by Derek Smith's secretary, Kim, regarding this planned permit. I have a large investment in my property and purchased it for its water views which are now being blocked. Thank you for any consideration you can give me to block this third lift permit. Sincerely, Alice Glennon PO Box 30803,Greenville, NC 27833 phone 2527140721 Sent from my iPhone Bodnar, Gregg From: Styron, Heather M. Sent: Friday, September 10, 2021 9:33 AM To: Bodnar, Gregg Cc: Cannon, Amanda J Subject: FW: [External] Objection to Scouts LLC, Neal Seegars, 2911 Evans St. Orehead City FYI Objections to this major permit. -----Original Message ----- From: Alice Glennon[mailto:aglennon@embargmail.com] Sent: Friday, September 10, 2021 7:52 AM To: Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: Re: [External] Objection to Scouts LLC, Neal Seegars, 2911 Evans St. Orehead City CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spa m.<mailto:report.spam@nc.gov> Ms. Styron, I wanted to make sure that my letter objecting to a third lift for Scout LLC(Seegars on Evans St., Morehead City) is still on file. If I need to send a new one will you please let me know? The lift the Seegars put in a few years ago blocks my view a lot because it is on my side of their pier which is already to far over my way. Another lift on my side would harm the value of my property. Thank you. Will you please let me know what is going on with Seegars request. They could easily put a lift on there property side and not destroy my view. It really is not fair or right for them to hurt me as a property owner. Thanks again for letting me know what is happening. Alice Glennon Sent from my iPhone > On Jun 7, 2021, at 5:30 PM, Alice Glennon <aglennon@embarqmail.com> wrote: > Thank you. > Sent from my iPhone >> On Jun 7, 2021, at 2:26 PM, Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote: >> As long as you sent all of your objections and concerns this should be fine. Unfortunately I can't give guidance on how to object etc. >> -----Original Message ----- >> From: Alice Glennon[mailto:aglennon@embargmail.com) >> Sent: Monday, June 7, 2021 1:11 PM >> To: Styron, Heather M. <heather.m.styron@ncdenr.gov> >> Subject: Re: [External] Objection to Scouts LLC, Neal Seegars, 2911 Evans St. Orehead City >> CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> >> Thank you so much for letting me know that you received my letter of objection.Is there anything else that I can do to clarify or make my objection stronger? Thank you for any information that you can provide. Sincerely, Alice Glennon >> Sent from my iPhone »» On Jun 7, 2021, at 11:24 AM, Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote: >>> We did an I will make sure the major permit section receives it. >>> -----Original Message ----- >>> From: Alice Glennon [mailto:aglennon@embargmail.com] >>> Sent: Friday, June 4, 20211:01 PM >>> To: Styron, Heather M. <heather.m.styron@ncdenr.gov> >>> Subject: [External] Objection to Scouts LLC, Neal Seegars, 2911 Evans St. Orehead City >>> CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spa m.<mai Ito: repo rt.spam @ nc.gov> >>> Ms. Styron will you please let me know that you received the letter of objection for a permit for the third lift? Thank you so much. Alice Glennon >>> Sent from my iPhone Bodnar, Gregg From: Bodnar, Gregg Sent: Wednesday, September 15, 2021 8:46 AM To: Alice Glennon Cc: Styron, Heather M.; Brownlow, Roy D; Howell, Jonathan; Willis, Angela Subject: RE: [External] Re: CAMA permit issuance for Scouts LLC. Attachments: thirdparty.doc Morning Ms. Glennon, I have attached above the documentation for your appeal and have provided a link below to the web page that has additional information that you should review under the appeal section. The information provided on the web page describes the appeal steps and process. In addition, within your appeal documentation you should discuss your concerns with the timing of your notification. The POC to send the appeal form when completed is cc'd above and is Angela Willis. Finally, our District Manager Roy Brownlow will be reviewing the compliance issue and will be in contact with you when he has additional information to provide. https://de4 nC goy/about/divisions/coastal-management/coastal-management-permits/variances-appeals Regards, D,EQ 7,-'A Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 008 28M ext 21S (Office) Great.Bodnar&ncdenrgov Email correspondence to and from this address is subject to the North Carolina Public Records tow and may be disdosed to third parries. From: Alice Glennon <aglennon@embargmail.com> Sent: Tuesday, September 14, 20214:31 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Styron, Heather M. <heather.m.styron@ncdenr.gov>; Brownlow, Roy D <roy.brownlow@ncdenr.gov>; Howell, Jonathan <jonathan.howell@ncdenr.gov> Subject: [External] Re: CAMA permit issuance for Scouts LLC. CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Will you please send copies of the appropriate appeals forms and the name of the person to whom I should send them when completed. Also can you make mention in a note that I was not notified of this permit being issued and totally unaware of it until work was completed on the third lift. Thank you. Alice Glennon Sent from my iPhone On Sep 14, 2021, at 2:42 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Ms. Glennon, Please see above for a copy of the issued permit and a letter detailing the issuance and your rights. Per our discussion I detailed your concerns you have about the boat lift alignment below. Heather and Roy, Ms. Glennon believes that the boat lift is located within the riparian setback. Ms. Glennon did not waive the setback and therefore the permit was conditioned for the lift to be outside the setback. She would like a permit compliance visit to occur to determine the location of the lift in relation to the setback. Regards, <image002.png> <107-21 Scouts LLC.pdf> <Glennon (Scouts LLC).pdf> Bodnar, Gregg From: Brownlow, Roy D Sent: Thursday, September 16, 2021 9:27 PM To: Alice Glennon Cc: Davis, Braxton C; Goebel, Christine A; Styron, Heather M., Bodnar, Gregg; Howell, Jonathan Subject: Response to CAMA Major Permit Issuance Importance: High Ms. Glennon: Hope this finds you safe and well. Please allow me to explain the Division's handling of your permit application objection. The Division received your emails and hard copy letter objecting to Scout, LLC (the Seegars') CAMA Major Permit application in a timely manner, before the Division received the Seegar's application. During the time between receiving your written objections and receiving the Seegar's permit application, DCM staff initially misplaced and failed to add your objections to the permit file when it was created. Please know that the Division's regulatory staff are experiencing unprecedented levels of permit applications, phone calls, emails, enforcement cases, site consultations, and complaint investigations among other daily duties. While this is not an acceptable excuse for why your letter and emails were not placed into Scout, LLC 's Major Permit application file during the review, I wanted to explain what I feel was the underlying reason for this processing error. I have reviewed what happened to your emails and letters and am confident that the error in handling the paperwork was not intentional. I can also assure you that we are taking this matter seriously and will continue to look into this to make the necessary changes to prevent such incidents from happening in the future. After discussion with the Major Permit and District Office Staff, and a review of your stated concerns and objections pertaining to the Seegars' proposal for a third boat slip in the form of a boatlift, the outcome would not have changed and the permit still would have been issued. The project met the specific and general conditions of the NC Coastal Resources Commission's rules and the Coastal Area Management Act. However, if your written objections were in the file as they should have been, upon issuance of the permit, you should have been notified of the permit issuance and about your appeal rights through the Third -Party Hearing Request process. If you wish to appeal DCM's permit issuance to the Scout, LLC { Seegars), you will need to provide arguments about how you satisfy the three statutory factors in this process. Since you will be filing after the 20-day deadline from the permit date, you will also need to explain why the Chair of the Coastal Resources Commission should consider your arguments (by explaining about when you received notice of the permit issuance and that you should have received notice because of your written objections). If you file your Third Party Hearing Request within 20 days of receipt of this letter, DCM Staff will make a recommendation to the Chair that your filing be considered timely. Information about the Third Party Hearing Request process can be found on DCM's website here: https://deq.nc.gov/about/d ivisions/coastal-management/coastal-management-Dermits/variances- appeals � -W- '6 I will be out of the office until September 27'h but upon my return, I will personally follow up on the placement of the permitted boatlift for compliance with the rules and permit conditions. If there is any encroachment over the 15-foot setback from the shared riparian access line of your property, the Division will take enforcement action. Therefore, you would not need to appeal that matter as it can be remedied through enforcement if necessary. Please be advised that your concern about encroachment into your riparian setback was addressed in the conditions placed on the CAMA Major Permit issued to Scouts, LLC, which prohibit any encroachment closer than 15 feet from the shared riparian access line. If you desire further information about the Third Party Appeal process (but not legal advice), you or your legal counsel may contact the Division's legal counsel, Christine Goebel by email at Christine.Goebelancdenr.gov. I know that DCM Assistant Major Permit Coordinator, Gregg Bodnar, sent you the forms to file your third party appeal, and those forms have the information about where to send your Hearing Request Petition. I will keep you informed of my findings regarding the placement of the permitted boatlift after the inspection is performed. I apologize for the way your emails and letter were handled and I hope this information is helpful. Kindest regards, Roy Brownlow District Manager and Compliance Coordinator, Division of Coastal Management North Carolina Department of Environmental Quality 252.725.2683 (mobile) 252.808.2808 ext 217 (Office) Roy. Brown low(ancdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 DOE MP-1 APPLICATION for Major Development Permit (last revised 12I27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name 1 L SL C Project Name (It applicable) CoL, , T 5 Applicant 1: First Name Wei MI W Last Name Se—e U r S Applicant 2: First Name MI Lest Name NJ If additional applicants, please attach an additional page(s) w#h names listed. Mailing Address PO Box City State 1555 Govklaora N C ZIP a1s 33 Country U ,cR Phone No. 334-L41-a00ezt FAX No. - Street Address(if dilferent from above) city State ZIP cp9h EVanS s+ Email it,. kr,61 @rSee,Ar-SPen Ce. Corv. 2. AgenHContractorinfonnation Bushiness Name & pp `, +, `6ow-AS Rarirw. Q S+kG4�orn Agent/ Contracts 1: First Name here MI g Last Name � Srr+.; `14-\ Agentl Contractor 2: First Name 46 L-,r ( y MI L" Last Name 0 Mailing Address `, I", Tt�.rme rS OAr r 7 o , ^A• PO ox city ,� _ - p ,1 (�O rt6aAc 1.r State l 1VC ZIP a $ 55 Phone No. 1 —Dort, Phone No. 2 i H q Disa- 735- o ss sid ,151-7OS -31a1 ea - FAX No. .,DSa-ay-7-yy'a� Contractor # Street Address id different from above) Cily State ZIP tc% �- 4.3 0.61Via— Email y {_ vh C. Or�IOTr�a r I 1 CoM <Form continues on back> RECEIVED APR 2 6 2021 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanage flL;lPiI10D CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) �-���-� Street Address a "A1i1i Cvar,S S+r�+ State Rd. # Subdivision Name City State Zip Phone No. �1 3 36- � �q-ac is C.)ext. Lot No.(s) (if many, attach additional page with list) a. In which NC river pasln is the project located? I,J kr +-e— ' b. Name of body of water nearest to proposed project c. V, 60 ci Iti e- S o L n c) G. Is the water body identified in (b) above, natural or manmade? Natural d. Name the closest major water body to the proposed project site. ❑Manmade ❑Unknown (30 1 in e- Soffit noR e. Isspfproposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed LyYes ❑No work falls within. ala .j 1')or2-�G CI L 4- Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) �0, as r 13600 -'�y,. ct c. Size of individual lot(s) /,^ {-} d. Approximate elevation of tract above NHW (normal high water) or (If many lot sizes, please attach additional page with a list) NWL (normal water level) ' / / r ❑NHW or dNWL f 7 • b e. Vegetation on tract o e t'1r\0 k i eGC !I OyCtt S S 0 f. Man-made features and uses now on tract Pr i V A �-e rgI �M � .pr t v 0'_4 / g. Identify and describe the extsfing land uses adiacent to the proposed project site. �r . VcL42.. ( e S / GC-e-v c- e. 5 h. How does localgovemment zone the tract? i. Is the proposed project consistent with the applicable zoning? Pf I V � r ro p (Attach zoning compl, ce certificate, if applicable) ❑Yes ❑No ; j. Is the proposed activity part of an urban waterfront redevelopment proposel? ❑Yes eNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No NA National Register listed or eligible property? <Form continues on next page> RECEIVED APR 26 2021 252.808.2808 :: d-888-4RCOAST :: www.nccoastalmanagennPOWMHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (1) Are there wotiende on the site? 19 ea ❑No (il) Are there coastal wetlands on the site? LOYes []NO (III) If yes to either (I) or (ti) above, has a delineation been conducted? Dyes RNo (Attach documentation, ifavailable) n. Describe existing was/stewater treatment facilities. Pri ✓g_f %%o W C�i�WA�Ter �Se aei Sy] tvr o. Describe existing drinking water supply source. P. Describe existing storm water.nanagemenit qr treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment - [�Private/Community b. Give a brief description of purpose, use, and daily (operations of the project when complete. V� r-SonaA `} re-C-d_--a� t or J L,�b 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. // ff b A hater Peck v A-f- oar. ie X C �Va.40r- o, 0-V I rO kaff-r&e-r w;11 �e +ra'sr o r+U vja- pSl. 60a4- w'� l) lo,.e L-&LA �-o :s+C'II/ �. L-0 ne�_. Pr �; ..�, c,. cl r-c-( -� �� eYi Sir Pilrr� OL-61+0 ire S' C,Utat u i ron e-t 1. 3r 13r �f� by L41;4 �Sierrk o d. List all development activities you propose. Tn146-It a-4-:b n rs ort i-O a n exi-54; docKl.�� S�rkc+n.re_, Also e✓ P 1i �L 4 re_ 1OCAAe �+ o h t-,e-w %�o LA- 1; P- -' e. Are the proposed activities maintenance of an existing project, new work, or both? b f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes MNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NIp� I. Will wastewater or stonnwater be discharged into a wetland? Oyes tNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes MNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 01 APR 2 6 2021 CITY 252.808-2808 :: 1-888.4RCOAST :: www. necoastalma nag ement.ne pcm-wio Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, mustbe submitted in orderforthe application package to be complete.. items (a) — (0 are always applicable to any major development application. Please consult the application instruction booldet on how to propedir 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 wodc, dearly 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 mall. 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 `(No Mfrs f�Y-pnk-Vt r-1 j Phone No. Address 29oel El1art, S� m ov'e-kko•d( (,f.-t,i.i W o231515 -7 Name fl Vi c'e C`c . A Phone No. Address aq ) S gyae-S OYS-S -% Name Phone No. Address g. A list of previous state or federal permits Issued forwork on the project tract Include permit numbers, permiaee, and Issuing dates. h. Signed consultant or agent authorization forth, If applicable, 1. Welland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owned 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. 17. Certification and Permission to -Enter on Land' , '—] i unaersrano mat any permit issues in response to this application win 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 fad 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 projed. I further certi that the information provided In this applicatio truth I to the best owledge. Date - — Print NameF� 4 Signature f , , Please indicate application attachments pertaining to your pr6posed project. ODCM MP-2 Excavation and Fill Information ODCM MPS Bridges apd Culverts ❑DCM MP-3 Upland Development ; J U L 2 0 2021 iIDCM MP-4 Structures Information 252-808-2808 :: i-888-4RCOAST :: www.necoastatmanallement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. 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. () Is the docking facility/marina: ❑Commercial ❑Public/Govemment [[private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes B o c. (i) Dock(s) and/or r(s) d. (i) Are Finger Piers included? ❑Yes E rNo (ri Number ( If yes: (iii) Length 90 �)C i 57 tiq d (h) Number I �X SPA (iv) Width (III) Length)Yes (v) Floating []Yes (iv) Width (v) Floating o e. (i) Are Platforkincluded?i3N f. (i) Are Boat ifts included? [3Fes ❑No If yes: (it) Number If yes: (ii) Number a QXr Sf1(iii) Length x' S '�i.�(iii) Length(iv) Width (iv) Width(v) Floating NN�ttto���te: Roofed areas are calculated from dripline dimensions. g. limber of slips proposed N/A h. Check all the types of services to be provided. p/a ❑ Full service, including travel IiR and/or rail, repair or (il)er of slips existing maintenance service ❑ Dockage, fuel, and marine supplies CrOodkage ('Wet slips' only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel [Qopen water, no dredging required []Other; please describe: k. Typical boat length: J 1 m. (i) Will the facility have tie pilings? []YesgNo Ill) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). c a-2n rL-,abDtht I. () Will the facility be open to the general public? oyes uKo RECEIVE? APR 2 6 NC 1 DCM-MHO (`A s'Y_; Form D i's"s MP-4 (Structures, Page 2 of 2. DOCKING FACILIT)MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project- 0 Office Toilets ❑ Toilets for patrons; Number. J Location: ❑ Showers ❑ aoatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. , Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge° signs proposed. (ii) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed or? h Give the number of channel markers and "No Wake signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and five -aboard dockage? k. Describe design measures that promote boat basin flushing? L If this project is an expansion of an existing marina, what types of services are currently provided? E EIVED m. Is the marinaldocking facility proposed within a primary or secondary nursery area? Oyes ❑No APR 26 2021 ?G2-86.t8-?_4r2£.' :e 33r-4 CrS45Y :; vm-w..naco_asssrirrar.�ceneenR.net rev'=ed; 12/27/06 n. Is the madnaldooking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the marinaidocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW _ OSAV OSB _ OWL _ ❑None P. Is the proposed marinaidocking 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 flits) 12This section not applicable a. () Is the boathouse structure(s): OCommercial OPubliclGovemment ❑Private/Communky () Number _ (in Length _ (iv) Width _ Note. Roofed areas are calculated from dr ipline dimensions. 4. GROIN (e.g., wood, sheetpfle, etc. !f a rock groin, use MP-$ Excavation and Fill.) ® This section not applicable a- (1) Number (ii) Length _ (iii) Width 5. BREAKWATER (e.g., wood sheelpile, etc.) ®This section not applicable a- Length _ C. Maximum distance beyond NHW, NWL orwetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This saWon not applicable ❑Commercial ❑Public/Govemment ❑Private/Community c Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, ifprasent e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED APR 2 6 2021 DCM-MHD CITY ', i-E?33•1.Fvn^.S?:�L',^!';,:::.^,"^eZc'2'v;F o?_a _ ' am') 0'50M MF ti• c. *S C! a. Proximity of structure(s) to adjacent riparian property lines b. Proxunjty of struntumr )/tondiacent docking facilities. !Mote: For buoy or mooring piling, use am of swing including length of vessel. - c. Width of water bod d. W depth at Ovate rd end of structure at NLW or NWL -21VQP& v e. (I) Will navlgatiqdal aids be required as a result of the project? []Yes o []NA (u If yes, explain what type and how they will be Implemented. 8. OTHER []This section not applicable a rives rmnnlpiw Anecrinnnn- Date Project Name k%h�LCYR(�tt,{ r,( ►.(co-t gacyvs , Scow(sr LLC r Applies i Name Appri 'Signature I RECEIVED JUL 2 0 2021 6` 1 P SECTION MHD ^urstl:E-�gi3iei ;: ��E�5;�3-IFS eDN,w'e' :1 w��nx..,Sac=e�as_�5n,e+a=F±,ni�mr:ets.arei WevistW...'12.12:iiQ6 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Scouts, LLC COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT: 2911 Evans St, Morehead City, Carteret County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-10-21 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Styron DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-11-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 7-24-21 EMAIL OUT DATE: 7-7-21 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: Yes DISTRICT OFFICE: MHC FEE REC'D: $250 Click or tap here to enter text. END OF NOTICE DATE: 7-31-21 DEED REC'D: Yes / rr 150 DAY DEADLINE: STATE DUI; DATE: Click or tap to enter a date. AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM—Field Rep 710 L1 DCM—LUP Consistency Determination Local Permit Officer 7 t (i1CLf � 4� Corps of Engineers — Regulatory Branch DWR-401 Section S [b/Ll DWR—Public Water Supply DEMLR — Stornwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission /$�2 ( X DMF — Shellfish Section DMF — Habitat & Enhancement DNCR— Archives & History DNCR—Natural Heritage Program NCDOT NC Dept of Commerce Z(7 (L t DCM Coordinator: (pQill ( Permit MAILING DISTRIBUTION SHEET DCM Field Offices a� nlG Zi733 Elizabeth City Washington (with revised work plan drawings) Morehead City ,y�� il Wilmington (OBJECTIONS ) US ACOE Offices: Washington: 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 (Carte Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov �e Public Water Supply: Heidi Cox (WIRO)-1 Clif Whitfield (WARO) Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: 1117 M I P RJ 1]A, Washington: Jimmy Harrison G David Harris Shannon Jenkins / Sharon Gupta Tim Walton / Mike Moser -' Sheri Montalvo / Shelton Sullivan 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 (6art eret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) I Natural Heritage Program Rodney Butler LPO: �/rd(q --- (NCDOT) Travis Wilson Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, August 19, 2021 9:34 AM To: bobby@seegarsfence.com Cc: Derek smith; Styron, Heather M.; SVC_DCM.MHC.Admins Subject: Scouts LLC CAMA Permit Attachments: 107-21 Scouts LLC.pdf Morning Mr. Seegars, Please see above for a copy of the permit. The original will be in the mail shortly. I tried to contact you and your agent to notify you of a specific condition on the permit, but was not able to reach anyone. So through this email I would like to bring your attention to condition no. 2 of the permit. The proposal indicated that the proposed slip (slip #3) was within the riparian neighbor's area of riparian access. A waiver was not obtained from the riparian neighbor to allow the boat lift to be placed within the area of riparian access. Therefore condition no. 2 states the boat lift must be located outside this area of riparian access. Please contact your field rep before construction to review the conditions of the permit to familiarize yourself with the specifics of the permit. Regards, Gregg V Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (office) Greggzeodnar ncdenr aov Email correspandenoe to and from this address is subject to the North Caro&o Public Records taw and may be dhdased to third parties, Bodnar Gregg From: postmaster@outlook.com To: Derek smith Sent: Thursday, August 19, 2021 9:34 AM Subject: Delivered: Scouts LLC CAMA Permit Your message has been delivered to the following recipients: Derek smith (bbmc71(ftotmall.comJ Subject: Scouts LLC CAMA Permit ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director DATE: July 6, 2021 TO: Gregg Bodnar THRU: Roy Brownlow FROM: Heather M. Styron NORTH CAROLINA Environmental Quality SUBJECT: Comments and Recommendations - CAMA Major Permit -Scouts, LLC, Morehead City, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the addition of a third slip with boatlift to an existing 2-slip docking facility within Bogue Sound in Morehead City, Carteret County. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of the Bogue Sound area are open to shellfish harvest and is not designated as a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: • All development shall be constructed as shown on plats accepted as complete by DCM on 4/26/2021 with the exception of the 14.63' setback distance from the riparian line. Because a waiver was not obtained from the western neighbor (2915 Evans St) the proposed boatlift must meet a minimum of 15' from the riparian access line. • No more than a total of 3 slips shall be authorized. • All work shall remain within the existing docking facility footprint and outside of the SAV area landward of the existing platform. • No high ground development is authorized. oao.um�mrmeoe.iwumu� 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 ROY COOPER Governar DIONNE DELLI-GATTI sc Ivry BRAXTON DAVIS Director July 7, 2021 011 NORTH CAROLINA EndronmentudQuuHry FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier 11-12-09) oreoo.bodnarONCDEN R.Dov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift 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 July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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 _ p4u., , DATE 7-7-21 RCCEIVED JUL 7 2021 P �ECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management D E MorchcadCity Offite 1 400CommenteAwmic I Morchcad City, No"In Carolina 26557 257.e0az608 ROY COOPER Governor DIONNE DELL]-GATTI Secretary BRAXTON DAVIS Director July 7, 2021 NORTH CAROLINA Environmental Quality ('91.o9.o0.N FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnarCd)NCDENR.gov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / "Additional comments may be attached" This agency has no comment on the proposed project. 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 V�—nZ i•__L)%An AGENCY 1� GtJ RC SIGNATURE DATE q B 202 R, E � E � V E D JUL 7 2021 0 SECTION MILO North Carolina Department of Environmental Quality I Division of Coastal Management D_E 25280&2808 Morehead City Office 1400 Commerce Avenue I Morehead City. North Carolina 28557 ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director July 7, 2021 MEMORANDUM. NORTH CAROLINA Enviranmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(y)NCDENR.gov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. 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 cha e are incorporated. See attached. �CEIVD This agency objects to the project for reasons described in the attached comments. PRINT NAME-J('C2n,,7: d )' C.� JUL 1 3 2021 AGENCY SIGNATURE �� ! tc. Ff"n � . IVIP SECTION MHD / f DATE t;Gi�. C-.mil'-'•C�' t;Gf� 1�it'JYI•G.G �y7c_e.!' ./�' 1Z•,!�.G.t_Kr �!� -. X.[ ��i.?. ��. i- ��:'l'^%l'. .C1.i; tC.iaC=f 1`•�-''t`. 'Jlf :s c1% (s..l�, .LevvvL.�:�+ <In•AJ ��'�'c.�l"r37tv:� —A- e,t�r,2ir�r+xir.� _;pSn> North Carolina Department ofEnvironmemal Quality I Division of Coastal Management _ Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 25ZB08.2808 ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director July 7, 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: 252-247-3330 (Courier 11-12-09) gregg.bodnaKaDNCDENR.gov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift 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 July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. 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 Rachel Love-Adrick AGENCY Division of Coastal Management SIGNATURE WOUP DATE 7/20/2021 EECE ED JUL 2 0 2021 North Carolina Department of Environmental Quality I Division of Coastal Management �DWQ�Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 �,\ �� 252.8082808 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management 1 SUBJECT: Major Permit Request by Scouts, LLC DATE: July 20, 2021 RECEPW ED JUL 2 0 2021 F sP SECTION MHD Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead City Land Use Plan certified by the CRC on September 28, 2007. Overview: The project is located at 2911 Evans St, adjacent to Bogue Sound in Morehead City, Carteret County. The applicant is proposing to ass a third boat slip with boatlift to the existing 2-slip docking facility. There is currently a single family residence with driveway, bulkhead, fence and existing two slip docking facility. The property shoreline is partially stabilized with a bulkhead, has an elevation is 4.6' above NHW. The property has 80.25' of shoreline along Bogue Sound. AECs onsite include: Public Trust Area (PTA). The waters of Bogue Sound adjacent to the project areas are classified as "SA, HOW" by the Division of Water Resources, are not classified as a primary Nursery Area and according to the maps provided by the Shellfish Sanitation Section of the NC Division of Marine Fisheries, the waters of Bogue Sound are predominately open to shellfish harvesting adjacent to the proposed project. Pere the NCDMF data via google earth there are SAV to a distance of 155' waterward of NHW, however no SAV were observed within the proposed third slip area. The SAV are approximately 15' landward of the existing platform. There are no coastal wetlands or known historic or archaeological areas of value known within the project sites. Anticipated impacts The development would incorporate 169 sf of shallow bottom habitat. The proposed docking facilities would not interfere with navigation and would remain within the existing docking facility footprint. The proposed slip with boatlift would be located a distance of 15' waterward of the SAV. There should be no impacts to wetlands, shellfish or SAV resources. Basis for Determination: The project site is in the Town of Morehead City and is subject to the 2007 Town of Morehead City Core Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 211557 252808.2808 "High Density Residential" and "Conservation/Open Space" (due to the sites location in Public Trust Area AECs). The following LUP policies may be applicable to this request: 4.2.6 Areas of Environmental Concern Policy 1, pg. 94: The Town of Morehead City supports state and federal law regarding land use and development in AECs. Policy 5, pg. 94: Morehead City supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207. LGEI ED J U L 2 0 2021 ? EECT&ON IIHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 2528082808 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director July 7, 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: 252-247-3330 (Courier 11-12-09) areao.bodnar(a)NCDENR.aov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July. 28,_2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. 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. L wo Grci si i,�aJ, esn< ip Nd PoSad - 3 -tO44L beak- SL'' PRINT NAME tI•a n : - i AGENPYj, SIGNATURE PATE ao al EU V JUL 2 0 2021 MP SECTION MFID -ya North Carolina Department of Environmental Quality I Division of Coastal Management D_E Morehead CltyOlnce 1 400 Commerce Avenue I Morehead City. North Carolina 28557 " � ..a.e,� P 25z808.2808 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director July 7, 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: 252-247-3330 (Courier 11-12-09) areas. bod nar(a)NCDENR.gov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift 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 July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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 Shannon Myers AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE S%new for Shannon Jenkins DATE 7/27/2021 PRECEIVE® JUL 2 8 2021 Y°VeP SECTION ARM North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 D /�� 252808.2808 ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS D6ector July 7, 2021 NORTH CAROLINA EnWronmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Qregq. bod narCcil NCDEN R.gov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift 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 July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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 NCDMF SIGNATURE DATE 7 July 2021 J U L 2 8 2021 MP SECTION WD North Carolina Department of Environmental Quality I Division of Coastal Management D_E Morehead Oty Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 Wiaw.mvn� /`� 252.808.2808 Received: 7/28/2021 Historic Preservation Office ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality ER 21-1790 NC - SBA 8/4/2021 July 7, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal, Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Q regg. bodnar(d) NCDEN R.gov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift Due: 8/5/2021 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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 �^"t DATE 8/11/2021 D Q�� ECEWED AUG 1 1 2021 PAS' SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 Bodnar, Gregq From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.miI> Sent: Monday, August 16, 2021 2:58 PM To: Bodnar, Gregg Subject: [External] RE: Projects Attachments: RE: CAMA Major Application: John Thomas Newton CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Ok. Providing an update below: The following projects are GP 56s and am waiting on the CAMA permit issuance prior to our letter (we attach it w/ our letter along w/our permit; usually attach the Manatee Guidelines -since Christy is gone now, I'm not sure how many of these will have letters written for them): Ogan: SAW-2021-01234 Drenning-Maniquez: SAW-2021-01183 Scouts: SAW-2021-01456 Newton: SAW-2021-01086. Attached is a recent email on that one. Barrow: SAW-2021-01267, is a 291 w/PN close date of August 25. Nav/EPA/USCG all had no comment/no concerns. I don't anticipate much comment from the other agencies. Working on the Port request coordination. Hope that helps. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, August 16, 2021 12:41 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source) RE: Projects Can you add the State Ports on that too? Gregg From: Bodnar, Gregg Sent: Monday, August 16, 202112:37 PM To: Hair, Sarah E CIV (USA) <Sarah.E.HairPusace.armv.mil > Subject: Projects Hey Liz, Wanted to keep a few on the radar.... Dean Ogan Scouts LLC Bodnar Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Monday, August 16, 2021 3:24 PM To: Bodnar, Gregg Subject: RE: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Yes -I'm good w/ that. I don't know when we will be able to get our letters done for these -we don't have enough admin staff right now to handle everything, so I may end up having to do the letter prep myself and send them out, not sure how long that would take me. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, August 16, 20213:18 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Projects Hey Liz, On the Newton one, are you good with us moving on before you finalize the GP56? I have not seen the authorization yet and I don't want to move without it being official. Thanks, Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair usace.army.mil> Sent: Monday, August 16, 2021 2:58 PM To: Bodnar, Gregg <ereee.bodnar6Wncdenr.¢ov> Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Ok. Providing an update below: The following projects are GP 56s and am waiting on the CAMA permit issuance prior to our letter (we attach it w/ our letter along w/our permit; usually attach the Manatee Guidelines -since Christy is gone now, I'm not sure how many of these will have letters written for them): Ogan: SAW-2021-01234 Drenning-Maniquez: SAW-2021-01183 Scouts: SAW-2021-01456 Newton: SAW-2021-01086. Attached is a recent email on that one. Barrow: SAW-2021-01267, is a 291 w/PN close date of August 25. Nav/EPA/USCG all had no comment/no concerns. I don't anticipate much comment from the other agencies. ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality DATE: August 13, 2021 t FROM: Holley Snider tfU NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20211094 No Written Approval Required AUG 1 6 2021 IMP SECTION MHD PROJECT LOCATION: 2911 Evans Street, Morehead City, Carteret County Scouts, LLC property PROPOSED PROJECT: Expansion of an existing docking facility to provide dockage for three (3) vessels The Division of Water Resources (DWR) has received a copy of yourCAMA Major permit application request dated received by this office on June 16, 2021. The proposed project is located within the waters of Bogue Sound which are class SA;HQW waters by DWR. 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 (but not 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 150E 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 htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. DE QJ North Carolina Department of Environmental Quality I Division of Water Resources _ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 2W5 •�•�r•••v� 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Scouts, LLC c/o Bogue Banks marine Construction 2. LOCATION OF PROJECT SITE: 2911 Evans Street, Morehead City, Carteret County State Plane Coordinates - Longitude:-76.744 Latitude: 34.722 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/11/2021 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete—5/10/2021 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP — Single Family Residential (B) AEC(s) Involved: PTA (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — MHC Sewer System Planned - none (F) Type of Structures: Existing — bulkhead, pier, fence, driveway and house Planned — third slip with boatlift HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow bottom n/a n/a 169sf Inc (D) Total Area Disturbed: 169 square feet (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Open to shellfish harvesting along Bogue Sound 8. PROJECT SUMMARY: The applicant is proposing to add a third boat slip with boatlift to the existing 2-slip docking facility. There is currently a single family residence with driveway, bulkhead, fence and existing two slip docking facility. No written concurrence and no fee split for DWR GC 4175 was required. 9. Project Description The existing .31-acre (13,600sf) tract is located at 2911 Evans Street, Morehead City, Carteret County. The project area is found by turning off Highway 70 East in Morehead City (Arendell Street) right onto south 30w Street and follow to the stop sign. Turn left onto Evans Street and the property will be located immediately to the right along Bogue Sound. Field Investigation Report: Scouts, LLC c/o Bogue Banks Marine Construction Page 02 --------------------------- The property shoreline is partially stabilized with a bulkhead, has an elevation is 4.6' above NHW with no wetlands on the property. The property has 80.25' of shoreline along Bogue Sound. The waters of Bogue Sound adjacent to the project areas are classified as "SA, HQW" by the Division of Water Resources, are not classified as a primary Nursery Area and according to the maps provided by the Shellfish Sanitation Section of the NC Division of Marine Fisheries, the waters of Bogue Sound are predominately open to shellfish harvesting adjacent to the proposed project. Pere the NCDMF data via google earth there are SAV to a distance of 155' waterward of NHW, however no SAV were observed within the proposed third slip area. The SAV are approximately 15' landward of the existing platform. There are no known historic or archaeological areas of value known within the project sites. 10. Proposed Project The applicant is proposing the addition of a third slip with a 13' x 13' boatlift. The third slip would be located along the back side (north) of the existing finger pier which is located along the west side of the existing platform. The applicant is proposing the boatlift a distance of 14.63 from the western riparian line however a waiver was not obtained. Recommendations from NCDCM have been made to limit a minimum distance of 15' from this riparian access line. All proposed development would be located within the existing docking facility footprint and outside of the SAV areas. 11. Anticipated Impacts: The development would incorporate 169 sf of shallow bottom habitat. The proposed docking facilities would not interfere with navigation and would remain within the existing docking facility footprint. The proposed slip with boatlift would be located a distance of 15' water -ward of the SAV. There should be no impacts to wetlands, shellfish or SAV resources. Submitted by: Heather Styron Date: 7/6/2021 Morehead City District Office BRINE CONSTRUCTION BOAT LAFM • ROMMTS 111 D Turner's Dairy Rd Morehead City, NC 28557 Office: 252-2474428 March 3, 2021 RE: Major Permit Application for Neal Seegars c/o Bobby Batchelor Boat lift project AGENT: Bogue Banks Marine Construction We, Bogue Banks Marine Construction, are requesting a CAMA Major Permit to install a third 13' x 13' boat lift within the existing docking area located at 2911 Evans St, Morehead City NC 28557. We intend to relocate one existing piling and install two new pilings to support the additional boat lift. The addition of this boat lift will in no way infringe upon the adjacent riparian corridors. The property has 80 LF of frontage and the installation of a new lift will not change the overall outer footprint of the existing docking structure. Our customer is making this request so that his children and their families can have access to and use of their personal boats while visiting their father. Thank you for your consideration, b &1 n, a,) htly'l-lara The project proponent hereby certifies that all information contained herein is true, accurate and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CW4:gCEIVF "' certification request within the applicable reasonable period of time. APR 26 2" 1 DCM-MHO+ #;dTY ID#* 20210495 Version" 1 Regional Office * Wilmington Regional Office - (910) 796-7215 Reviewer List* Holley Snider Pre -Filing Meeting Request submitted 3/3/2021 Contact Name * Kimberly OHara Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Is this a transportation project?* bbmc71@hotmail.com Boat lift Neal Seegers c/o Bobby Batchelor Carteret Street Address 2911 Evans St. Add'em Lee 2 city Morehead City Fbslal / Zip mde 28557 r Yes a No Type(s) of approval sought from the DWR: r 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 State / Koonce / Fbgbn NC Gtntry United States Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below and include location information. * I represent Bogue Banks Marine Construction. Our Customer (s) Neal Seegars and Bobby Batchelor are requesting approval for a third lift at their property. This requires a CAMA Major permit. This meeting is a new requirement in order to receive a Major permit. Please give a couple of dates you are available for a meeting. RECEIVED APR 2 6 ZGZI DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: SCOUTS, LLC Mailing Address: PO Box 1555 Phone Number: Email Address: Goldsboro, NC 27533 336-669-2670 bobby@seegarsfence.com I certify that I have authorized Derek Smith / Bogue Banks Marine Construction Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Boat Lift at my property located at 2911 Evans Street Morehead City, NC 28557 in Carteret County. I furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Neal Weston Seegars Print or TVDe Name Manager Title 9 / 28 / 2020 Date RECEIVED This certification is valid through 9 1 28 / 2021 APR 26 2,F) DCM-MHD CITY ru1-i U14L1 LlUU1 Lled4 3250 UNITED ST/JTES J POSTAL SERVICE. MOREHEAD CITY 3500 BRIDGES ST MOREHEAD CITY, NC 28557-3095 B00>275-8777 03/05/2021 ;12.44 - Product Oty Unit -PM Price -----Price - ------ First -Class Mail@ 1 $1.40 Large Envelope Morehead City, NC 28557 Weight: 0 lb 3.00 oz Estimated Delivery Date Mon 03/08/2021 Certified Mail@ $3.60 Tracking #: 70190140000102293250 Return Receipt $2.85 Tracking N: 9590 9402 5357 9189 7559 21 Total $7.85 First -Class Mail@ 1 $1.40 Large Envelope Morehead City, NC 28557 Weight: 0 lb 3.00 oz Estimated Delivery Date Mon 03/08/2021 Certified Mail@ $3.60 Tracking N: 70190140000102293267 Return Receipt $2.85 Tracking N: 9590 9402 5357 9189 7558 77 Total $7.85 ------------------------ ------------------- Grand Total: $15.70 n X- Cash $$4,30 M Change x M 0 Cft xxxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx () o M LISPS is experiencing unprecedented volume 1 �; mu 6H �OO��❑ � 1 ^ 9 4 4 a ga d" E S 9 ffi W Y q S CO f• iN� QiMtlN tl� Z. i A i w � C (Acn (A }A w C.E M c-� o-. 7019 0140 0001 0229 3267 =.....- one 3mfn 0 a a z v _ 0 TINT o' _n v °Otn a) — c F�(D 4 ` N O D ci N O m = 0 m_ N , R O m N � O ■ 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 soace DennRs. IIDma-S FVan�--/f A Z90 �f EV4/ls �'• L,L,uf II�IIIIII I'll Illllllllll IIIIIIi IIII IIIIIIII III 9590 9402 5357 9189 7558 77 7019 0140 0001 0229 3267 A. B.- ReceiVed by (Printed Name) C. Date of Delivr D. Is delivery address different from: Item 17 ❑ Yes If YES, enter delivery address below. 0 No Service Type ❑ Priority Mail Express® Adult signature ❑ Registered Mal"' Adult Signatuns Restrlcted Delivery ❑ Reeggistered Mel: Restricted Certified Maile Del Certified Mal Restricted DelNery ❑ Return Recelpt for Collect on Delivery Merchandise Collect on Delivery Restricted Delivery 0 Signature Confirmation^" I--^ Mal ❑ Signature Confinnefion flail Restricted Deily" 1. Restricted Delivery PS Form July 2015 PSN 7530-02-000.9053 Domestic Return Receipt I ■ 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: AItc-e- C 6lenn61\ ���if Et/ans S� A. Signature X .1 LA" B. Received by Date of Deliv -22 -.Z) D. Is delivery address different from Item 17 U Yal If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® II I IIIIII IIII III I IIIIII IIIIII III IIII I I I I I III DD Adult Si nature Restricted Delivery ❑ R�Vsaryred Mail Restricted 9590 9402 5357 9189 7559 21 ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery D Signature ConfinoationTM 2. Article Number (fien5/e! /rpm seN(Ce label) r. '__.— Mal ❑ Signature Confirmation 7 019 0140 0001 0229 3250 Malil Restricted Delivery Restricted Delivery DO PS Form July 2015 PSN 7530-02-0013-9053 Domestic Return Receipt d Joy Lawrence 8P CARTERET COUNTY JL Date 05/08/2009 Time 12:04:11 GR 1307242 Page 1 of 8 NORTH CAROLINA, CARTERET COUNTY This instrument 4adthts certificate are duly filed at the date and tim an In rmk and Page showr on the first page t ",alerof Deeds By. Asimm w.aa .oee% NORTH CAROLINA DEED OF TRUST AND SECURITY AGREEMENT (Collateral Includes Fixtures) SATISFACTION: The debt secured by this Deed of Trust, as evidenced by the now or other document secured thereby, has ban satisfied in full. This the day of Signed: JMail after recording to: Baddour. Parker y Nine This instrument was prepared by: Mortgage broker/individual who acted as a mortgage broker (if applicable): of THIS DEED OF TRUST AND SECURITY AGREEMENT (including any exhibits and/or riders attached hereto, and any modifications and amendments hereof, the "Deed ofTrust") is made es of this Sth day of May, 2009 , by and among: TRUSTEE GRANTOR (Include Address) BBa.T Collateral Service Corporation 207 EASH ST SCOUTS LLC and MARGARET SEEGARS, WIDOW 401 Patetown Rd GOLDSBORO, NC 2753a3730 BENEFICIARY BRANCH BANKING AND TRUST COMPANY,a North Carolina banking corporation Goldsboro, NC 27530-8133 ear E ASH sT OOLDSBORO, NC 2/5R43730 IF BOX CHECKED, THIS DEED OF TRUST SECURES AN OBLIGATION INCURRED FOR THE CONSTRUCTION OF AN IMPROVEMENT ON LAND THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST: advances, secured by this Deed of 2. The Debt, on the data haw( is evidenced by a Note or other Document described by name, pardes, dollar amount and dole as follows: (i) Nat Promissory Note dared May 08 2009 intheamountofS 750,000.00 executed by NEAL WESTON SUGARS , (the "Borrower" if not the Grantor) and may be evidenced by and shall be at all times deemed to include any other Note or other Document now or hereafter evidencing any debt whatsoever incurred by Gnamr and/or Borrower and payable to Beneficiary, the terms of which are incorporated herein by reference; and (ii) all indebtedness and obligations of the Grantor or Borrower to Beneficiary (or an affiliate of Beneficiary) under any interest one swap interactions, interest rare cap and/or floor transactions, interest rare collar transactions, swap agreements (m defined in I l U.S.C. 4 101) or other similar transactions or agreements, including without limitation any ISDA Master Agreement executed by the Grantor of Burrower and a[I Schedules and Confirmations entered into in connection therewith, hereinafter collectively referred to as a "Hedge Agivemed", the terms�C ENF: of which are incorporated herein by afereoce. 1764NC (M121 Page 1 of 8 APR 2 6 Buo 30� ''r PACE 2�t--- DCM-MHi) 3. Potassium the provisions of Sections 45-67 at seq., of the North Carolina Genend Statutes, this Deed of Trust secures the payment of the Debt, including present and futureadvances. 4. The current principal amount of the Debt advanced on the date hereof (including any outstanding amounts advanced previously) by Beneficiary is S None (if none, so state). 5. No emotion of a written instrument or notation shall be necessary to evidence or secure any fume advances made hereunder. The period within which future advarm s, are to be made shall be the fifteen year period beginning on the date of this Deed ofTmst ct of this Deed of Trust is located in or near the City of� in the Townhio of in the County of t ... thtore„ Noth ram ma and the lead dascstoth, and the chant of In the Town of Morehead City and being the westernmost 40 feet of Lot 539 and the easternmost 40 feet of Lot 540 as shown and designated on that certain map or plat of "Sunset Shores" and of record in Map Book 1, Page 23, Carteret County Registry, together with all littoral and riparian rights incident and appurtenant thereto. This property shown in a survey for Meal Seegars dated December 17, 1987, prepared by James L. Powell, Registered Land Surveyor. Being the identical property described in a document recorded in Book 1012, Page 441 of the Carteret County Register of Deeds. Notwithstanding anything to the contrary contained herein, this deed of trust secures a not dated May 8, 2009, given by Scouts, LLC to Branch Banking G Trust Co. NOW, THEREFORE, for the purposes and under the conditions described in this Deed of Trust and in consideration of the Debt and the mutual promises of Grantor and Beneficiary, Orantor hereby conveys to Trustee, in trust, with power of sale, the red property described in this Deed of Trust, together with an improvements, equipment and fixtures existingm hereafter vl�ced on or attached to this real property, ell proceeds them and all other appurtenant rights and privileges. The tens "the Property" shall include this real property, any such improvements, fixtures, and also all appurtenant rights and privileges. TO HAVE AND TO HOLD the Property, to Trustee, its successors and assigns, but upon the trust, and under the terms and condition of this Deed of Trust and of any Rider attached hereto and incorporated herein, to which Gramm, Trustee and Beneficiary hereby agree: 1. PERFORMANCE BY GRANTOR. Grantor shall fulfill all of Grantor's obligations set forth in this Deed of Trust and the Note or other Document. 2. TAXES, DEEDS OF TRUST, OTHER ENCUMBRANCES. Grantor shall make timely Payment of all ad valorem taxes assessments or other charges or encumbrances which may mnsdtum a lien upon the Properly. Gramm shall timely Fey an perform any obliggation, covenant or warranty contained many other deed of trust or writing (hereto Other Ihed of Trust) which gwas rise to any or which may constitute a lien upon an of the Property. Grantor shall upon request of Beneficiary promptly famish satisfactorryy evidence of such payment or Jag room shall not enter into, terminate, cancel or emend any lease affxting me Pm many part thereof without the prior written consent of Beneficiary. Grantor sM1eti timely pay and perform all mans of y humor sublease of the Property or any part thereof. 3. INSURANCE. Granter shall continuously maintain insurance on all improvements which are now existing and which might hereafter become part of the Proparty against loss by fire, flood and other hazards, casualties "rid contingencies in such amounts and for such periods n may ba required from time to time Beneficiary, and shill pay promptly, when due, any premiums on the insurance. If it is determined at any time that any oft e Property is located in a flood hazard area as defined m the Flood Disaster Protection Act of 1973, Granter shall obtain and maintain flood insurance on Property in Grsnmfs expense for as long as this Deed of Trust is in effect Flood insurance coverage shall be in an amount equal to the lower of (i) the maximum amount secured as set forth herein or (it) the maximum limit of coverage made available for the particular type of property under the law. If Grantor shall fail to procure or maintain hared or flood insurance coverage in the specified amount for the Property within a reasonable time of receiving notice from Beneficiary of either the requirement or of the lapse of an existing policy, Beneficiary may, but is not obligated to, expend for the account of Grantor any sums which may be necessary to purchase the required hazard or flood insurance, which shall be fully secured by this Dead of Trust and which shall accrue interest from the time expencu ded until paid at the miss set forth in the Note or other Doment. All insurance shall be carried with companies approved by Beneficiary and shall contain a lose payable clause (New York long form) in fivor of and in a form acceptable to Beneficiary. Granter shall cause all policies and renewals thereof to be delivered to Beneficiary. In the event of loss, Grantor shall give immediate written notice to Beneficiary, and Beneficiary may make proof of loss if such is not made promptly by Grantor. Each insurer is hereby expressly authorized and directed by Grantor to make payment for the loss directly and solely to Beneficiary. Beneficiary may apply the inumnes promeds, or any part thereof, in its sole discretion and at its option, either to the reduction of Debt or to the restoration in repair of any Forums of the Pmpedy damaged, but Beneficiary shall not be obligated to see in the proper application of any amount paid ovcr to Grantor. RECEIVE) 17MNC term Page 2 of S APR 2 6 2 1 order 0 5. PRESERVATION AND MAINTENANCE OF TfM PROPERTY. Gtanbr shall keep the Property in es gcad order and repair as it now u (reuonable wear and tear excepted) and shall neither commit nor permit my waste or my over or use which might impair the value of the Property. Grantor shall not initiate or acquiesce in a change in the coning alassification of a Property or make or permit my structural alteration thereof without Beneficiary's prior written consent. 6. COMPLIANCE WfIN LAWS. Grabber shall rreeggularly and p nmydy comply with my applicablelegal requirements of the United Shies the State of North Carolina or other governments) entity, agency or instrumentality relating to the use or condition of& Property. 7. CONDEMNATION AWARD. Any award for the hkin of, or damages to, all or my Pan of the Property or my interest therein upon the lawful mercies of the power of eminent domain shall be payable solely to Beneficiary, which may apply the sums so received b payment of the Debt. 8. PAYMENTS BY BENEFICIARY. If Grientor or Borrower shall be in default in the timely payment or aImce of any of Grumes or Borrowers obligations, the Note or other Document, under this Deed of Trust or Other Deed of Twd, Beneficiary may, but it is not obligated to, expend for the account of Grantor my sums, expenses and fees which Beneficiary believes appropriate for the protechon of the Property and the maintenance and execution of this trust. Any amounts so expended shall be deemed principal advances fully secured bbyy Thu Deed of Tms1, shall bear interest from the time expended until paid at the rate of interest awming on the Note or other lyocument, and shad be due and payable on demand. 9. RENTS AND PROFITS. Grantor hereby assigns in Benefici all future rents and pmfiu from the Property as additional murity for the payment of the Debt and for the performance of I obligations secured by this Deed of Taut Grantor hereby m n ee nefiri— ac ravines w.rrunv.ia.fact in collect my rents and comfits. with or without suit, and to apply the same, Is my 11. GRANTOR'S CONTINUING OBLIGATION. This Deed of Trust shall remain as security,for full payment of the Debt r other Document; (e) Uidforbearmco or extension of time for payment of be Debt or nor ons under this Deed of Trust, the Note or other Document, whether granted to Grantor or b a party; or fd) the release of my party who has ssaumed payment of the Debtor who assumed any Deed of Trust, the Note or other Document. None of the foregoing shall, in my way, affect he but of this Deed of Trust or impair Beneficiary's right in deficiency judgment in he event of or my parr who had assumed payment of the Debt or who assumed my other obligations the 12. SUBSTITUTION OF TRUSTEE. Beneficiary shall have the unqualified right to remove the individual designated w Trustee on the first page of this Deed of Trust, and to appoint one or mme substitute or successor Trustees by instruments filed for registration in the County Registry where this Deed of Trust is recorded. Any such removal or appointment may be made at my time and from time to time without notice, without specifying my reason therefor and without an wort %pmval. Any such aepppointee shall became fully vested with tlt< b the Property and with all rh¢�U. power and dudes coma man upon the uhdividual ongmallydesignated w Tmste in the same mama and b the same effect u though that party were caned harem u the original Incrust. 13. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event that Beneficiary or Trustee voluntaril or otherwise shall become parties b my suit or legal pmcaeding involving the Property, they shall be saved harmless and shell be reimbursed by Grantor for my amounts ppaid, including all cash cIt and Tomey's fees incurred in my such suit or proceeding, and the snore shall be secured by this Deed ofTmsu mr(pay%I upon demmd. 14. INSPECTION. Beneficiary may at my reasonable time and from time to time make or cause to be made reasonable entries upon, investiaetlons, and inspections of the Property, including without limitation any inspection or investigations such as sampling andYttealing which may be necessary or desirable to renew compliance with Environments] Laws, 15. WARRANTIES. Greater constants with Trustee and Beneficiary that Grainer is seized of the Property in fee simple, has the rie)rt toconvey the same in fee simple, that tide to the Property a marketable and free and clear of all encumbrances, and that nor will warrant and defend the title against the lawful claims of all person whomsoever, sub�'ect only to my declaration, easements, restriction or encumbrances listed in the title opinion or title insurance policy which Beneficiary obtained in the transaction in which Beneficiary obtained this Deed of Tr ur. 16. ATTORNEYS' FEES. In the event that Grantor or Borrower shall default in its obligations under this Deed of Trust' the Note or other Document, and Beneficiary eraptoys an atomry b assist in the collection of the Debt or m enforce camyyl*me I Grenbr with any of the provision of this Deed of Tmaf, the Note or other Dowments or in the evert Benefic'hmy or Trnta shall became patio b my suit or legal proceeding (ipcluding my proceeding conducted before my United Shtea Bankmpky Court)) wnceminngg the Property, wncemmg the hen of this Deed of Trull, wncermag collection of the Debt or wncemmg complimce by Grmbr with my of the provision of this toed of Tenet, the Note or other Document, Graeber shell pay Beneficiary's reasonable atomrys' fees and all of the rxssu than may be imcurted, and such fas and coati shall be severed by this Dad of Trust and its payment enforced as if it were a pert of the Debt. Oranbr shell be liable for such etmmrys' fees and wets whether or no[ my suit or proceeding is commenced. 17601C Iwm Page 3 of8 {DECEIVED APR 2 6 202-1 -- DCM-MHD 07' 17. ANTI -MARSHALLING PROVISIONS. Trustee and Beneficiary may grant releases at any time and from time to time of all or any portion of the Property (whether or not such releases are required by agreement among the parties) agreeable m Trustee and Beneficiary without noting to or the consent, approval or agreement of other parties and interests, including junior lienors and purchasers subject m the lien of this Deed doll Tmaf. and such rcle.es shall not impnr N any mercer the validity of or priority of thins Dced of Treat on that ppoortion of the Property remainingg subject m this Deed of Trost, nor release Grantor from personal liabty for the Debt Notwithstanding the existence of any other security interests in the Property held by Beneficiary or by an other party Beneficiary shell have the right m determine the order in which any or all of the Property shall be subjated m the remediu available to Beneficiary, and Beneficiary shell further have the right to determine the order m which any or ell portions of the Debt are satisfied 5om the pnxeeda realized upon the exercise o any comedy it has. Granmr, ar any party who consorts m this, or any party who has actual or wnstrucringe notice hereof. hereby waives any and afi rights m require the marshalling of.. in coanection with the exercise of fray of the remedies pr mined by applicable law or provided herein. IS. ENVIRONMENTAL WARRANTIES, INDEMNITIES AND AGREEMENTS. Grmmr for itself, as successors and assigns represents, warrants and agrees that (a) neither Grantor nor any orb" person has generated, manufactured, stored. treated, pmc.sed, released, discharged or disposed of any Hamrdous Maurids on the Pmperty or received say ratite from any Governmental Authority (heroinatter defined) or other person with regard to a release of Hazardous Materials on, from or otherwise affecting the Property; (b) neither Grantor or any other person has violated any applicable Envimomrntel Laws may terms and provisions of the Environmental notice in the event that Grantor receive any release or storage of Hazardous Materials on, sampling, and testing, and all remedial, recto, Materiels on, from or affecting the Property indemnify BeneSciery and hold Beneficiar (includingg,, without limitation, reasonable ai suffered by, or asserted against Beneficiary fi at not be need in g shall at all times c p the Property fie id will at all times v necessery to con m or affecting the Property and and other motor neceuery or I ccordance with all applicable I unless from and against any eys' fees) and claims of any nth respect to, a as a direct or or the escape, spillage, emission or release on or ones use s-ropcny or any r mused by or within the control of Grantor, (it) the violation of anyy Eaves relating to or affecting the Property, whether or not caused by or within the comply fully with the terms and provisions of this pemgmyh, or (iv) any we paragraph being false or untrue in any material respect. The obligations and survive the f rredoame of the Deed of Trust, the delivery of a deed in lieu c otherwise expressly permitted in writing by the Bank, the sale or alienation of i In the event that any of the Grantors representations or warranties shall prow my Environmental Requirement, Beneficiary, in its sole discretion, may (m) r directives and the Grantor aa��eeee.es to reimburse Beneficiary for all costs, ex whether in-house or indeprndmt), fines, penalties,'udgmmts, mils, or liabilh or (ii) seek all legal and equitable remedies evailab�e to it including, but not 1 comply with all Environments] Requirements relating m the Property. Benefi, rising manned order the Note or other Document and or ments by Groom ueatened, any action, suit, investigation m rig to the Property) seeking to enforce any ce with Environmental Laws, the Property in, transport, treat, store, handle, dispose, rame compliance by all other parties with liens imposed pursuant to any applicable n and/or maintain all licenser, permits and mental Laws; Grantor is in full complimce red) and will continue to comply with the ditaely give Beneficiary oral and written try or any other party with regard to any 11 conduct and complete all investigations, hied to clean up and remove all Haardo. vnmemal Laws. Grantor hereby alimes.m I all losses, liabilities, damagea, mlunes every kind whatsoever paid, incurred or rest result of (i) the pnature on, or under, oar Material regardless of whether or not cal Laws or Environmental Requirements of Gordon, (iii) the failure by Grantor to or recresenmtion made by Grantor in this iabilifies of Grafton under this pamgmph thus foreclosure, tire ca e ncellation of the Note; or iy part of the Property. to be materially false or Granor fails to sods oose to assume compliance with govenuem anses (including all reasonable stromeys' to a whatsoever associated with such complimr obligations and liabilities thereunder. In the event Beneficiary undertakes compliance with EnvironmenW mrements wmm� Grantor failed m perform or which Beneficiary determines u neossery m sell all or an pen of the Property, mr authorizes Beneficiary andor Beneficiary's agents m preppaarerc and execum on Granmra benalty, my manifest or other documentation relating m the removal and/or disposal of my hazardous Materiels, from, at or on the Property. Gremor ecknowledgg. than Beneficiary does not own, or have a security mraercet in, any Hazardous Maerials which exist on, ong��ate from or allect the Property. All smouma expended by the Beneficiary in connecmon with the exercise of its righb hereunder Cinduding reasonable attorneys' fens and the fe. of any eevironmenml conanitanns) shell become pert of the indebtedness secured by Nis Deed of Tat For purposes of this Dad of Trust "Environmental Laws" means the Comprehensive Environment al Response, Compensation and Liability Act, the Hazardous, Materials Transportation Act, the Resource Conservation and Recovery Act, and my "Super Fond" or Super Lien" law, or my other federal, state or local law, regulation or decree regulating, relating to or imposing liability or standards of conduct arranging my Hazardous Materials. `Environmental Requirement' means my administrative orders, directives, judgments, consent orders, Mini, lions.or , authorizations, consts, settlements, agreements or other formal or informal directions or guidance issued Mini, entered into with any Governmental Authority or private perry, including the provisions of any Environmental Law, which obligate or commit Grantor ininvestigate, remediste, deaf, nwmimr, dispose or remove Hazardous Materiels. "Governmental Authority" means my federal, state or local agency, department, coon or other administrative, legislative or regulamry federal, state or local governmental body, or my private individual or entity acting in plea of such counter. "Haardo. Materials" means and includes peWIs= products, my flammable explosives, radioactive materials, asbestos or my material containing asbestos, and/or my hazardous, toxic or dangerous waste, subsrance or material defined as such in the Environmental Laws. 17MC M,r, RECOVED Page 4 of 8 BOOK F751,3,9 DCM.MHD CIiY APR 26 2021 19. EVENTS OF DEFAULT. Grantor shall be in default under this Deed of Trust upon the occurrence of my of the following (a) Default in the payment or performance of my of the Debt, or of my covenant or wananty in this Deed of Trust, in the Note or other Document, or in my other note of Gramm or Borrower W Beneficiary or my contract between Grantor and Beneficiary; or in my contract between my third party and Beneficiary made for the benefit ofGrmtor, or (b)Any warranty, representation or statement made or furnished m Beneficiary by or on behalf of Granter or Borrower in connection with this transaction pmving to have been false in my material respect when made or famished; or (c) Loss, theft, substantial damage, decWtetion to or ofthe property, or the assertion or making of my levy, seizure, mechanic's or materialman's lien or attachment thereof or thereon; or (d)Death, dissolution, termination of existence, insolvency, business failure, appointment of a Receiver for my pan of the property of, assignment for the benefit of creditors by, or the inability m pay debts in the ordinary source of business of the Grantor or Borrower or my co -maker, endorser, guarantor or surety therefor; or (a) Failure of a corporate Gramm. Borrower or co -maker, endorser, guarantor or surety for Grantor to maintain its corporate existence in good standing; or (f) Upon the entry of my monetary judgment or the assessment of filing of my tax Jim against Grantor or Borrower; or upon the issuance of my writ of garnishment or attachment against my pmperty of debts due or rights of Grantor or Borrower, or (g) The sale (including sale by land contract upon delivery of possession), transfer or cnmmbmnm of all or my pent of We property or my barman: therein, or any change in the ownership or control of any corporate or partnership Grantor or Borrower, without Beneficiary's prior written consent; or (h) If Beneficiary should otherwise dean itself, its security interwrs, the property or the Debt unsafe or insecure; or should Beneficiary otherwise believe that We prospect of payment or other performance is impaired. 21. RELEASE AND CANCELLATION. Upon fulfillment of all of obligaxons, the performance of which is secured by this Deed of Trust, and upon pa mt of the Debt, this Deed off" and the Note or other Document shall be marked "Satisfied" and returned to Grmmr and this conveyance shall be null and void and may be cancelled of record at the request and mat of Grantor, and tide to the Froperty shall revers at provided by law. 1y cpr,r) Pagesofs RECEIVED _ APR 2 6 2021 DCM-MHD CITY IN TESTIMONY WHEREOF, each individual Grantor has hereunto set his hand and adopted as his seal the word "SEAL" appearing beside or near his signature, this sealed instrument being executed and delivered on the data first above written. comic , CtA-gAAe r>l/AILl7.O 1_�/ (SBAL) -grgaret Riamars Grmmr. ISEAL) GhataE (SEAL) onsmr: (SEAL) IN TESTIMONY WHEREOF, the above corporate Grantor has caused this instrument to be executed under seal in its corporate time by its duly authorized with this sealed instrument being delivered on the date first above written. NAME OF CORPORATION By: IN TESTIMONY WHEREOF, the above partnership Grantor, Limited Liability Company, Limited Liability Partnership or Limited Liability Limited Partnership has caused this instrument to be executed in the appropriate company or partnership name by its duly authorimd general perum(s), manager(s) or managing member(s), and has adopted as its sad the word "SEAL" appearing beside its name, this sealed instrument being =muted and delivered on the dare first above written. SCOUTSLLC NAMF P TNERSHIP, LLC, LLP, OR LLLP By NET, w.s osS Tire MunM1vk Hamner By, SEAL) Title: By: (am) Tllb: RECEIVED ITa/NC m+a Page 6 of 8 tgu�r— epG APR 2 6 ZOZI DCM-MHD CITY For Individual: STATE OF NORTH CAROLINA, COUNTY OF Wgypa Barbara W. Huff a Notary Public, do hereby certify that Margaret Seegarc . an individual, Grantor, personally appeared before me this day and acknowledged that (s)he voluntarily signed this Deed of Trust for the purposes stated therein. Witness my hand and official stamp or notarial seal, this 7th day of May , 20 U9, Ism] 'bp" NOTARY 'g 'F,F eanaas P' 4' �NF COUHf(? For Individual: STATE OF NORTH CAROLINA, COUNTY OF t (SEAL) Notary Public Vu My Commission Expires: April 2012 1, a Notary Public, do hereby certify that - , an individual, Grantor, personally appeared before me this day and acknowledged that (s)he voluntarily signed this Deed of (rust for the purposes stated therein. Whom my hard and official stamp or notarial seal, this [SEAL] For a Corporation: STATE OF NORTH CAROLINA, COUNTY OF (SEAL) Notary Public My Commission Expire: a Notary Public, do hereby certify that personally came before me this day and acknowledged that (s)he is the of a corgrcation, Grantor, and that (s)1w in such representative capacity voluntarily Trust signed this Deed of Tmst for the purposes slated therein. Wimess my hand and official stamp or notarial seal this _ day of 20_ (SEAL) [SEAL) Notary Public My Commission Expires: RECEIVr-�' 17MC prtn Page 7 of 8 APR 2 6 DCiM-MHD 6 � ` For a Panrwrdtip/LLM.LP: STATE OF NORTH CAROLWA, COUNTY OF Way na 1. Leigh L. Stroud a Notary Public, do hereby certify that Neal Weston Seegars , pessomlly came before me this day and acknowledged that X*e is the manaoi ng member (indiwe whether general partner, manager or managing member) of Srnutt .a 1 imited Liability Comnanv Grantor, and the Purposes s wed set that (phe in such representative ospaity voluntarily signed this Deed oCTrust for the punpoan stated Herein. Witness my hand ornotarial seal this 7thdayof MOY .2(1Q. GNLgL�GO .� �ffltkhR f ` � TitQYI a/L61 (SEAL) ®awe . ..;� NotaryP c . P U B L 1 G_ My Commission Expires: May 30 a 2010 Tha ?ongoing or annexed certificate(s) of Notary(ies) Public, has(have) been verified to have the signature, commission expiration den, and official seal, if required. This inswmeot and this certificate see duly registered at the date and time and in the Book and Page shown on the first page hereof. OF DEEDS By: Deputy/Assismnt- Regismr of Dads. RECEIVED 17WC(m12) Page 8 of € QUsc jt — � AGE �Ek APR 2 6 2021 DCM—MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 6, 2021 Scouts, LLC C/o Bogue Banks Marine Construction I I I-D Turners Dairy Road Morehead City, NC 28557 Dear Sirs: NORTH CAROLINA Ehvironmentat Qualtty The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project of 2911. Evans St. in Morehead City, Carteret County. The application was received as complete on 5/10/2021, and appears to be adequate for processing at this time. The projected deadline for making a decision is 7/24/2021. 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 5/10/2021, 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. 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. Sin ely, `i H a her M. Styron Coastal Management Representative omuxm�mu..m,.,wamM1� 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 oi- ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality July 6, 2021 Re: Public Notice -Scouts, LLC, 2911 Evans St., Morehead City, Carteret County Dear Sir: Please publish the attached Notice in the 7/11/2021 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 (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, HEATHER 1ASTYR0I1K Heather M. Styron Coastal Management Representative OWu�6iw�1 W Fm`tlmvmnW pwOt/� 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 NOTICE OF FILING OF APPLICATION FOR CAMA 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 CAMA was submitted and accepted as complete on 5/10/2021. According to said application, Scouts, LLC is proposing to add a third slip with boatlift to an existing 2-slip docking facility within Rogue Sound in Morehead City, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to7/31/2021, 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. PUBLISH ON: 7/11/2021 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 r✓m�, r-,ammn oww�xau.omnnmowcn 252.808.2808 - NC Division of Coastal Management Cashier's Official Receipt No 30 �-+ Received From: Ran k6 /yIAnne Permit No.:04a�l 0 i L Applicant's Name: S41% L Project Address: ;)q 1 I L LA ► s -3:: 1'VI N l 13987 A s®D Date: 20 $ e,4 — Check No.: ;XiNo County: Carfare Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Date: qq,,��,//.���� Signature of Field Representative: Date: 1dAC1�(,/ MAJOR PERMIT FEE MATRIX Applicant: 5CO V-4-s LLC Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625T6253)001602 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: II. 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 III. For development that involves the filling and/or excavation of up to 1 acre I of wetlands and/or open water areas, determine if A, B, C, or D below a lies III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) rEl 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 applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: NC Division of Coastal Management Major Permit Application Computer Sheet (11/0111012) Applicant: Scouts, LLC Date: 7/6/2021 Project Site County Carteret Staff: HMS District: [_-]Elizabeth City []Washington ®Morehead City ❑Wilmington Project Name: Scouts LLC Date of initial': application submittal (EX 1/&2007) 4/262021 Date application "received as,complete" in the Field office; 5/10/2021 Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both SITE DESCRIPTIONIPERMIT INFORMATION PNA: ❑Yes ®No Photos Taken: Yes ❑ No® Setback Required (riparian): ®Yes ❑No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained: ❑Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ®Yes ❑No ❑Not Sure Shell Bottom: ❑Yes ❑No ® 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) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus sp.) ❑ (TY) Cattail (Typha sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Saltlmeadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 can ❑ III(D) Priv. public or comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - ❑ Major Modification to a CAMA Major permit ❑ IV Any development involving D&F of more $100 - $250 than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to i ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge and/or fill $100 -$400 ® I. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs D WQ agreement - $400 Applicant Scouts, LLC Date: 7/6/2021 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 3 Dimension 4 One One boatlfit 1 New Work ❑ Replace 13' 13' Maint ❑ ElY ® N New Work ® Replace Maint ❑ ❑ Y ® N - New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ® ❑ Y ® N New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N - New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Applicant Scouts, LLC Date: 7/6/2021 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 tem im acts 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 Shallow Bottom Dredge ❑ Fill ❑ Both ❑ Other ® 169sf 169sf Dredge ❑ Fill ❑ Both ❑ Other Dredge ® Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Davao, July 7, 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: 252-247-3330 (Courier 11-12-09) gregg. bodnar(a)NCDENR.gov SUBJECT: CAMA Application Review Applicant: Scouts, LLC Project Location: 2911 Evans Street, Morehead City, Carteret County Proposed Project: Addition of third boat slip and boatlift Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by July 28, 2021. If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *"Additional comments may be attached" This agency has no comment on the proposed project. 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 �yp North Carolina Department of Environmental Quality I Division of Coastal Management D_E P Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 ew++. °+...�doY.rti� 252.808.2808 DCM Coordinator: Gregg Bodnar Distributed Yes® No ❑ Applicant: Scouts, LLC Distribution Date: 7/7/2021 AGENCY WIRO WARD LPO Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner MikeChristenbury 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, Pasquotank, 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 1(a((ty itvbbNFairr{Carteret New Hanover Anthony Scarbraugh 11 Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuts 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 Bulter Rodney Butter T:\Admin Files\Maddy\2021 Admin forms\Distribution our office\Comment Sheet - sending for comments.docx Revised: 5/7/2019