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HomeMy WebLinkAbout29-19 Lane, JoshPermit Class NEW Permit Number 29-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Josh A. Lane,10590 NC HWY 55 West, Dover, NC 28526 Authorizing development in Carteret County at adj. to Brooks Creek- at 115 Maxwell Dr., Harkers Island as requested in the permittee's application dated 9/5/18 (MP-1) and 4/3/19 (MP-2), including attached workplan drawings (2), Sheets 2 and 3 of 3 dated 9/5/18. This permit, issued on May 6, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation u tnese terms may be subject to tines, unpnsomnent or civil action; or may cause me permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the NC Division of Marine Fisheries and National Marine Fisheries Service. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. + All work must cease when the permit expires on December 31, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxtc(n C. Davis, Director �ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Josh A Lane Permit No. 29-19 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. 6) This permit was issued based upon at determination that while the area to be excavated is immediately adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of proposed excavation would not directly impact actively growing SAV beds. During all authorized excavation events, the permittee shall implement all available precautions to ensure that damage to SAV beds does not occur. Spoil Disposal 7) No spoil material shall be placed within 30 feet of the normal high water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site if overland transport is required, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. 10) In order to protect waters adjacent to the designated dredge spoil disposal site, the permittee shall provide the Division of Marine Fisheries — Shellfish Sanitation Section the dredge plan and the location of the spoil disposal site prior to any dredging activity, so a swimming advisory or shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Josh A Lane Permit No. 29-19 Page 3 of 3 ADDITIONAL CONDITIONS USACE ,Condition 12) 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 httu://www.fws.eov/nc-es/inainmal/manatee euidelines pdf. General 13) 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. 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00118/115) issued 5/1/19. 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. 2019-0169. 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 $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: 76s� Lane Type: (Check ail that apply) New ' Major Mod Permit Coordinator: Field Representative: Permit# Minor Mod Renewal Date/TimeL ',"AOA-tal ok 40 NMI AAi'414 rt�ur't Transfer (Message w46' %4O' o cq"C'c s a� M1G4 eJ '(ttv' U00kQ 1i1� �vlLt q � ea�T j q.,cutrS 3�ib(t 4?4CAA t%�Wi 10 owl: � b 31yv114 Su,k iCsWJ- io 4f,'� -6 s1St N11ai19 �j(n+� C1k+. VIA-Ci� cvww, —tVAn0c vtP —2. 6'4. 7 fcks�'oMs bog_ '1,131Ls -�te 3(1 (,;1K �u1a�Fy kW6 4156415/1 ,,; . , i i Coastal Management ENVIRONMENTAL QUALITY Josh A. Lane 10590 NC Hwy 55 West Dover, NC 28526 Dear Mr. Lane: May 6, 2019 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dlrector 9 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure �ncerely, v //,- Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead a ty. NC 28557 252 808 2808 DCM Coordinator: �o�+�l A-e Permit #: MAILING DISTRIBUTION SHEET DCM Field Offices Elizabeth City Morehead City_:/ Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: ,(JL 1'' C>0 62 D Imo_- if. rmrf (with revised work plan drawings) IZpM D44x(. wr - Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Tyler Crumbley (Brunswick, New Hanover) OP Hair (Carteret, Onslow, Pender) N Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov' Heidi Cox (WIRO) Shane Staples David Hams Shannon Jenkins / Sharon Lupton Tim Walton / Mike Moser Sheri Montalvo Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, PendgW Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwatetr Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program Maria Dunn (WWO) r Rodney Butler LPO: Fax Distribution: Permittee #: Agent# (NCDOT) Travis Wilson ol DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Josh Lane PROJECT NAME: Josh Lane COUNTY: Carteret LOCATION OF PROJECT:115 Maxwell Drive. Harkers Island NC DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-25-19 FIELD RECOMMENDATION: Attached: -Fermi A6 To Be Forwarded: Choose an item. FIELD REPRESENTATIVE: Davenport DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 2/7/19 APPLICATION ASSIGNED TO: Bodnar 2/e/M% PUBLIC NOTICE REC'D: 2-2-19 ADJ. RIP. PROP NOTICES REC'D: Yes C) 75 DAY DEADLINE: 4-10-19 HOLDS: MAIL OUT DATE: 2-8-19 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: MOREHEAD CITY FEE REC'D: $400 (60140) # 7761 END OF NOTICE DATE: 3-2-19 DEED REC'D: Yes 150 DAY DEADLINE: to m/ STATE DUE DATE: Click or tap to enter a date. AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM — Field Rep Local Permit Officer 92M' DCM — LUP Consistency Determination Rural Development Division DEMLR — Stormwater & Sed/Erosion DWR-401 DOA — State Property Office DMF — Shellfish Section Z�tS h Noll r f 1t4i1o� �II 11 �r d NCDOT DMF — Habitat & Enhancement / 3lo/( ( —SID + DWR— PublicWaterSupply 2/ltl�9 X USACE — Regulatory �J ZoIQ — DNCR— Archives&History 2 (q I1 X DNCR—Natural Heritage Program N vtG (44 (I 1 'c I Apr-_ 30 al tts ROY COOPER Governor MICHAEL,S. BEGAN secremry BRAXTONC. DAVIS Director February 8, 2019 MEMORANDUM: NORTH CAROUNA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits'' Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City NC 28557 Fax: 252-24;7-3330 (Courier 11.12-09) oreoo bodnar(rDncdenr dov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Josh Lane Project Location: 115 Maxwell Drive, Harkersr Island NC Proposed Project: To excavate around their existing dock and create a channel to connect to the existing channel leading into the'Harkers Island Harborof'Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1. 2019 at the address above'. If you have any questions regarding•the proposed project, please contact Gregg Bodnar at (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 attached** I!ihis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes. .This incorporated. See -attached. This agency objects to the project for reasons described in the attached comments. PRINT NAMt Lee, tea AGENCY 66- e$1 rvt r r .c SIGNATURE �� WO - 9-/ % FEB 8 2019 VIP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management 'Morehead City Office 1 400 Commerce Avenue I Morehead City, North Camlina,28557 252808.2808 ROY COOPER Governor MICHAELS..REGAN Secretary BRAXTON C. DAVIS Dlrecmr February 11, 2019 MEMORANDUM: NORTH CAROLINA Emlronmenra/QuaUty � �EQ V C FEB 1 1 2019 MP SECTION 1WH® FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregn. bod nar(a)ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Josh Lane Project Location: 115 Maxwell Drive, Harkens Island NC Proposed Project: To excavate around their existing dock and create a channel to connect to the existing channel leading into the Harkens Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1. 2019 at the address above. If you have any questions regarding the proposed project, please contact Gregg Bodnar at (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. PRINTtNAM! (�IaJK 6i01, 6 Ef�GY D4 Q A6116 Wyk' Suan(y �NAD�4 ORA _/nok A"— �_il�l q mew FQ North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2868 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director February 13, 2019 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnarna ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Josh Lane Project Location: 115 Maxwell Drive, Harkers Island NC Proposed Project: To excavate around their existing dock and create a channel to connect to the existing channel leading into the Harkers Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1. 2019 at the address above. If you have any questions regarding the proposed project, please contact Gregg Bodnar at (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. PRINTjNAME_Rodney A Butler AGENCY _NC Natural Heritage program _ RECEIVED SIGNATURE DATE 0211 OIEnW � ��Y FEB 1 2 2019 MP SECTION MH® 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 rKIIIIIIIIl• Roy Cooper, Governor 1sHNrw NC DEPARTMENT OF nommu NATURAL AND CULTURAL RESOURCES Susi Hamilton, Secretary 912MEN Walter Clark, Director, Land and Water Stewardship NCNHDE-8231 February 13, 2019 Susan Day NC Coastal Mgmnt 400 Commerce Avenue Morehead City, NC 28557 RE: CAMA: 115 Maxwell Drive, Harkers Island NC Dear Susan Day: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httos•//ww fws aov/offices/Directory/ tOffi fm?sta od = 7. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney b i I raa ncdcr.aov or 919-707-8603. RECEIVED Sincerely, NC Natural Heritage Program FEB 1 2 2019 SIP SECTION MHD DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q9 121 W. JONES STREET, RALEIGH, NC 27603 • IGSI MAIL SERVICE CENTER. RALEIGH. NC 27699 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area CAMA: 115 Maxwell Drive, Harkers Island NC February 13, 2019 NCNHDE-8231 ement Occurrences Documented Within a One -mile Radius of the Project Area •agonfly or 32036 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? 1 Low_ _ 'Rare •agonfly or 33787 Triacanthagyna trificia Phantom Darner 2004-Pre H? 5-Very --- Significantly G5 Si? 3mselfly Low Rare eshwater Fish32417 Acipenser pxyri'hchus Atlantic Sturgeon _- 2012_-04..._-04— ,E _ 44._-Low_____ _ Endangered Endangered. G3T3 —SZ 4 _5-Very ammal 9806 Trichechus manatus West Indian Manatee 2008-06 13 E Threatened Threatened G2 S1N Low 3scular Plant .4321.` Eleocharis rostellata Beaked Spikerush'. 1977-09-11 H 3-Medium 3scular Plant 19425 Polygonum glaucum Seabeach Knotweed 1942-05-10 H _ 4-Low Natural Areas are Documented Within a One -mile Radius of the Project Area Areas Documented Within a One -mile Radius of the lrteret County Open Space _ Jdubon Environmental Land Trust Preserve Area Trust Private Rare Other --- Endangered G3 51 finitions and an explanation of status designations and codes can be found at https,//ncnhde.natureserve.oro/content/help. Data query generated on February 13, 2019; source: NCNHP, Q1 Jan 2019. !ase resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. FEB 1 2 2019 YT,P SECTION MHD Page 2 of 3 J) NCNHDE-8231: CAMA: 115 Maxwell Drive, Harkers Island NC February 13, 2019 ❑ Project Boundary ❑ Buffered Project Boundary EI Natural Heritage Element Occurrence (NHEO) E3 Managed Area (MAREA) FEB 1 2 2019 Page 3 of 3 1:20,760 0 0.175 0.35 0.71ni 0 0.275 0.55 1.1 kin Spurtes E n, HERE. Gwm. Mte.p, i--nt P Cm . GeB , USGS, FAO, NPS, NRC .GmUa ,IGN,I lost NL, ONnanm Su ey FSVJpaM1 MEN, Ev Ghm (Ro q "), ass . 0 OpenShe lap mnVSulp�s, ettl as cls uae. Ge�M 0. ARP SECTION MHD ROY COOPER: -caveman. . MICHAEL S: REGAN. Sedermy - - IBRAXTON C. DAVIS ' Olri!cror- ' _February 11, 2019 :MEMORANDUM: Receiv:ed': '02141/2019 • State-Historic,PresbNbition Qffice. 'ER' 19'-0790 Due::- 2/26/19 FROM: Gregg;Bo driar,'AssistantMajorPermits.Coordinator NCDEQ-- Divisiomof,CoastaLManagement 400'Commerce Ave.;. Morehead City NG, sA557 Fax:.252=247r3330, (C,ouder.11 12-0g) nregg:bodnara)ncdenr.goy SUBJECT; CAMA/Dredge:& FilhApplication Review Applicant: Josh Lane Project Location: .115 Ma)Ewell,Drive,.Harkersdaland NC• Proposed. Project: To excavate around their existing•dock.and create'a channel'to.connect:to the ex. sting,channel1dading,into the!Hwkers.Isla6d'Hwbor of Refuge. Please indicate below your,agency's position or viewpoint on proposed,project and return: ibis formbu March>1, Mg.attne co vet ovet If you have any questions'regarding the proposed protect, plddsd contiief Gregg,Bodnar at (252)'808.2808; When appropnate,.in-depth comnmerits with supporting dataiis'regpestgd. REPLY:. This agency has no objection to the projecbas proposed. °Additional coiments may be attached" This agency has no.comment.on the,proposed project. This agency,approves,of the projecConlyif•the recommended`changes' are incorporated: See attached. This agency_ objects -to the project for reasons described ln1he attached comments. PRINTNAME,-enee.Qjedhi11=Ea1e1ey RECEIVED AGENCY Is FEB 2 5 2019 DATE D E Q 2� NIP SECTION MHD 'North Carolina Depattmentof rnvlydnmentatquAty `I.Dlvfsinn of Couw[ Management Morchead Clty Offke 14 0Commerce Avime,l'Morehcad CRY. North Carolina 28557 M8082808 `FEB j -2 2019 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director February 11, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead ',City NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areac.bodnar()ncdenr.00v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Josh Lane Project Location: 115 Maxwell Drive, Harkens Island NC Proposed Project: To excavate around their existing dock and create a channel to connect to the existing channel leading into the Harkens Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1. 2019 at the address above. If you have any questions regarding the proposed project, please contact Gregg Bodnar at (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 Shannon Myers for Shannon Jenkins AGENCY DMF- Shellfish SIGNATURE �Sanitation GATE 2/15/19 D Q� RECEIVED FEB 1B2019 MP 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 25Z808.2808 February 15, 2019 MEMORANDUM TO: From: Through: SUBJECT: Applicant: Project Location: ROY COOPER Goverm>r MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management Shannon Myers, Environmental Specialist Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality CAMA Permit Application Review Josh Lane 115 Maxwell Drive, Harkers Island NC Proposed Project: To excavate around their existing dock and create a channel to connect to the existing channel leading into the Harkers Island Harbor of Refuge. The planned spoil disposal site for this project is not specified within the application. Because the dredge material is being removed from an area that is closed to shellfishing, discharges from the dewatering of the spoils into swimming waters between the months of April and October will cause a swimming advisory to be posted. Additionally, any discharge from the dredge spoils at any time into approved shellfishing waters will cause a shellfish closure. It is requested that our section be notified of the dredging plan and spoil disposal location prior to any dredging activity, so that we can determine at that time if a swimming advisory or shellfish closure is needed. RECEIVED F E B 1 8 2019 LIP SECTION MMD State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 r+ ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dim mr February 25, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City NC 28557 Fax: 252-247-3330 (Courier 11-12-09) oreoo. bodnarCG2ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Josh Lane Project Location: 115 Maxwell Drive, Harkers Island NC Proposed Project: To excavate around their existing dock and create a channel to connect to the existing channel leading into the Harkers Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 1, 2019 at the address above. If you have any questions regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGENCY D'v sin of Coas6l Wria6em" SIGNATURE DATE 21 2�"1 20 RECEIVLED FEB 2 7 2019 MP SECTION MHD North Carolina Department of Environmental Quality I Divlslon of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolna 28557 252.808.2808 ROY COOPER Governor' MICHAEL S. REGAN Secretm'y BRAXTON C. DAVIS Direrzor MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner\/Yal Division of Coastal Management ��-Q�/ � RECEIVED FEB 2 7 2019 MP SECTION MHD SUBJECT: Major Permit Application for Josh Lane —115 Maxwell Dr., Harkers Island Date: February 25, 2019 Consistency Determination: The request is consistent with/not in conflict with Carteret County Land Use Plan certified by the CRC on December 20, 2010. Overview: The applicant is proposing to excavate a new navigation channel and basin surrounding an existing dock, to provide ingress and egress to the boating facility. The proposed channel would extend off the existing harbor of refuge channel. It would be 125' long and 25' wide with a final depth of -5' at NIL W. The basin surrounding the dock would be 60'X50' and be excavated to a final depth of-5' at NLW. There is a basin to the west of this project area that the applicant has chosen not to connect to due to connecting water depths. A total of 680 cubic yards of material would be excavated during this project. Spoils would be trucked offsite to an approved location to be determined. Excavation would occur outside the lateral bounds of applicant's riparian access area. The project site is located at 115 Maxwell Dr, Harkers Island; adjacent to Brooks Creek in Carteret County, North Carolina. Brooks Creek connects to Back Sound and has an existing federal channel connecting to Harker' s Island Harbor of Refuge. Existing on site development includes a single-family home and a two slip docking facility. AECs onsite include EW and PTA. Brooks Creek and Core Sound are classified as SA (Market Shellfishing, Salt Water); HQW (High Quality Water). The site is not a Primary Nursery Area, and is closed to the harvest of shellfish. A 50' fringe of high and low marsh exists along the shoreline. There are oysters in the intertidal zone along the shoreline. The bottom of Brooks Creek in this area is mostly sand and silt with patches of SAV near shore. Anticipated impacts The proposed project impacts will include the following: A disturbance of 6,121 sq ft. of shallow bottom habitat that has not been previously excavated. Turbidity impacts can be expected during the removal of DEQ North Carolina Department of Environmental Quality 1 Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8081808 the 680 cubicyards of material. Final bottom soundings will be-5' NLW connecting to-6' NLW and greater. There are patches of SAV existing along the shoreline.but none were noted in the excavation area at the time of site visit. Excavation would occur 35raway from nearest Coastal Wetlands. Basis for Determination: The project site is subject to the 2005 Carteret County Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as Limited Transitions (land) and Conservation (Areas of Environmental Concern & non -coastal wetlands). Uses allowed in Areas of Environmental Concern are those consistent With the State's'r in mum use standards and state and federal regulations. The following LUP policies may be applicable to this request: Policy 2.1 Carteret County% policies for development in coastal and non -coastal ("404," "401," or jurisdictional) wetlands are as follow: 1. Carteret County will allow only land uses in coastal wetlands that require water access, cannot function elsewhere, and are consistent with state and federal regulations. Examples of acceptable uses are utility easements, piers, and docks. Policy 2.4 Carteret County's policies for development in estuarine and public trust waters are as follow: '1. Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consistent with state and federal standards, and meet all local policies contained in this plan. I`aECEICI E® FEB272019 LIP SECTION MHD AMR mmmwtaE wawoy�.. North Carolina Department of Environmental Quality ['Division of Coastal Management .Morehead City office 1400 commerce. Avenue I Morehead City, North Carolina 28557 252.808.2808 e Bodnar, Gregg From: Staples, Shane Sent: Wednesday, March 13, 2019 4:12 PM To: Bodnar, Gregg Subject: Josh Lane Gregg, after conducting a site visit to Mr. Lane's property on 3/12/19 to assess the area for fisheries resources that may be impacted by the proposed project I do have some questions I would like clarified by the applicant. What is the purpose of going to -5' @ NLW? The bay rider skiff observed on the lift at the property has a draft nearly capable of operation at nearly any water level without dredging. Building on that questions, why not connect into the neighboring footprint to reduce overall bottom impacts? 'This would be a preferred alternative by DMF unless some purpose and need if shown for the deeper access channel. As a result of the site visit the only SAV beds found were landward on the existing boat lifts and proposed dredge footprint so impacts to that resource will likely be minimal. My conservation recommendations there would be to have a 10' buffers from the SAv beds for any dredge footprint. I would likely have resource concerns if the dredge footprint were proposed to extend up the jet ski lift. The remainder of the bottom in the proposed work area was soft fine sediment with a good deal of shell hash some showing signs of oyster spat settlement. Thanks, Shane Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Shane.staples@ncdenr.eov 943 Washington Square Mall Washington, NC 27817 Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, March 14, 2019 8:34 AM To: dbrooks62@ec.rr.com; Josh Lane - EAE, Inc. Cc: Davenport, Ryan Subject: FW: Josh Lane Morning Mr. Lane and Mr. Brooks, Mr. Lane, when I spoke to your father after he called to get an update on the status of the project I mentioned that DMF was interested in checking the site for SAV concerns within the dredge footprint. They conducted that survey on 3/13 and DMF provided some additional questions below. No SAV was found in the dredge footprint but there was oyster resource. I spoke with DWR 401 this morning as well and they are interested in the same questions as well. Please take a look at the email below and provide me with a response to their questions and proposal I will pass it along. If you have any questions or want to discuss please give me a call. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of coastal Management D E Department of Environmental quality 252 809 2808 ext 215 (office) G reee.B odna r@ncde nneov Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. From: Staples, Shane Sent: Wednesday, March 13, 2019 4:12 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Josh Lane Gregg, after conducting a site visit to Mr. Lane's property on 3/12/19 to assess the area for fisheries resources that may be impacted by the proposed project I do have some questions I would like clarified by the applicant. What is the purpose of going to -5' @ NLW? The bay rider skiff observed on the lift at the property has a draft nearly capable of operation at nearly any water level without dredging. Building on that questions, why not connect into the neighboring footprint to reduce overall bottom impacts? This would be a preferred alternative by DMF unless some purpose and need if shown for the deeper access channel. As a result of the site visit the only SAV beds found were landward on the existing boat lifts and proposed dredge footprint so impacts to that resource will likely be minimal. My conservation recommendations there would be to have a 10' buffers from the SAv beds for any dredge footprint. I would likely have resource concerns if the dredge footprint were proposed to extend up the jet ski lift. The remainder of the bottom in the proposed work area was soft fine sediment with a good deal of shell hash some showing signs of oyster spat settlement. Thanks, Shane Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Shane.staples@ncdenr.eov 943 Washington Square Mall Washington, NC 27817 Bodnar, Gregg From: Mairs, Robb L Sent: Thursday, March 14, 2019 8:32 AM To: Bodnar, Gregg Subject: FW: Josh Lane CAMA application Fyi. Our office supports Shane's request for justification Thanks, From: Staples, Shane Sent: Wednesday, March 13, 2019 4:17 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: Josh Lane CAMA application Robb, I went out to the property yesterday. All the SAV was landward of the proposed dredge footprint. The green that shows up on the Google Earth imagery is macroalgae. I am not going to have objections to the project but I am going through Gregg to get a few answers. I was looking for some justification for the depth of the footprint based on the flatbottom skiff being on the lifts at the property and some justification for not tying into the neighboring access channel. If I get that answered or if he connects to the neighbors I will just submit my request for moratorium on dredging due to SAV close and be done with it. Shane Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Shane.staples(@ncdenr.gov 943 Washington Square Mall Washington, NC 27817 From: Mairs, Robb L Sent: Friday, March 8, 2019 3:34 PM To: Staples, Shane <shane.staolesPncdenr.gov> Subject: RE: Josh Lane CAMA application Hey Shane, have you been out there to determine if this proposal would incorporate SAV? Thanks, Robb Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairs(oncdenr.aov https•//deg nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wilminaton. NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Staples, Shane Sent: Monday, February 18, 2019 11:15 AM To: Mairs, Robb L <robb.mairs@ncdenr.aov> Subject: Josh Lane CAMA application Just an FYI I am trying to find time to get out and make a site visit to this one on Harkers Island. Google Earth looks like SAV in the footprint and I want to confirm. I can only look for signs of it at this time of year but I may end up with a fairly long extension on this one if the conditions look like SAV may be present. Also looking into if the guy will connect to the adjacent channels to reduce overall impacts. Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Shane.staples@ncdenr.gov 943 Washington Square Mall Washington, NC 27817 Bodnar, Gregg From: Mairs, Robb L Sent: Tuesday, March 26, 2019 11:40 AM To: Bodnar, Gregg Subject: RE: Josh Lane Gregg, I have issued this today (DWR#20190169) through our GC 4175. I'll copy you through LF. Thanks, From: Bodnar, Gregg Sent: Monday, March 25, 2019 11:05 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Josh Lane Hey Robb, Shane provided comments. Just want to make sure you have them, etc. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 008 2808 ext 215 (Office) G r eg g.Bodnar@ncdenr.eov Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. Bodnar, Gregg From: Davenport, Ryan Sent: Monday, March 25, 2019 3:09 PM To: Bodnar, Gregg Cc: Brownlow, Roy Subject: RE: Josh Lane I recommend the permit be issued with standard conditions along with any special resource agency conditions. Ryan Davenport From: Bodnar, Gregg Sent: Monday, March 25, 2019 11:04 AM To: Davenport, Ryan <ryan.davenport@ncdenr.gov> Subject: Josh Lane Comments? Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2908 ext 215 (Office) Greee.Bodnar@ncdenaFoy Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER cbvarnor MICHAELS.REGAN secretary BRAXTON C. DAMS Director February 8, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ; Division of Coastal Management 400 Comment Ave., Morehead City NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg bodnar(driodenrgov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Josh Lane Project Location: 115 Maxwell Drive, Harkers Island NC FEB 0 8 2019 Proposed Project: To excavate around their existing dock and create a channel to connect to the existing channel leading into the Harkers Island Harbor of Refuge. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March f 2019 at the address above. If you have any questions regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as "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. acx G A�F y Y . RECOVED MAR 2 1 2019 MP SECTION MHD North Carolina Department Of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead CiM North Carolina 2a557 252.8082808 ROY COOPER Governor MICHAEL S. REGAN Seae(my STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DMF Fisheries Resource Specialist SUBJECT: Josh Lane DATE: 3/20/18 The CAMA application has been reviewed by a fisheries resources specialist for the NCDMF for impacts that may affect fisheries resources of the state. The applicant proposes to new excavation around an existing dock with boat lifts and an access channel that will connect to the existing channel leading to the Harker's Island Harbor of Refuge. The open water basin around the dock and access channel will service a private residence with an outboard skiff and a 30' catamaran. The area around the dock and boat lifts measures 60' x 50' and the access channel measures 125' in length by 25' wide; both are proposed to be dredged to a final depth of -5' C@ NWL. A site visit was conducted by this office on 3/12/19 to check for the presence or signs of SAV within the dredge footprint or in the project area. On that visit SAV and rhizomes were only found in area landward of the boat lift and many oyster bars were observed with the shallows along the creek Much of the sediment with the proposed dredge footprint was soft substrate with shell has which was not indicative of an area where SAV would likely be found. The NCDMF does not object to the project as proposed but does offer the conservation recommendation of a moratorium on dredging from April 1 to September 30 to protect fisheries resources in the area including SAV, Oysters, and juvenile fisheries that uses these habitats for feeding and refuge. If there are further questions or comments about these fisheries resources comments, please contact Shane Staples at 252-948-3950. RECEIVED MAR 2 1 2019 IV,P SECTION MHD State of North Carolina I Division of Marine Fslreries 3441 Arendell Street I P.O. Box 769 ; Morehead City. North Caz dria 28557 252-726-7021 ROY COOPER Governor MICHAEL S: REGAN Secretary BRAXTON C. DAVIS Dfmctor February 8, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality C.15• D1.1�• �( FROM: Gregg Bodnar, Assistant Major Pennits Coordinator NCDEO - Divi§ion of, Coastal Management 46o Commerce Ave., Morehead -City NC28557 Fax: 252-247-*() (Courier 11-12-09) areoa.bodnanli Dncdenr.gov SUBJECT: CAMA / Dredc e & Fill Application Review Applicant: Josh Lane Project Location: 115 Maxwell Drive, Harkers Island NC Proposed Project: To excavate, the existing i Please indicate below, your agency' return this form by March 1. 2019 at proposed project, please contact Grec comments with supporting data is regi PRINT NAME AGENCY SIGNATURE DATE This agency Additional This agency This agency This agency comments. their existing dock: and create a channel to connect to leading into the Harkers Island Harbor of Refuge. )osition or viewpoint on the proposed project and Ie address above. If you have any questions regarding the Bodnar at (252) 808-2808. When appropriate, in-depth no onjection,to tree projecras proposed. nerits may be attached" no comment on the proposed project. ;s of the project only if the recommended changes eetteehea. n1 I �epi, z�� DMF r­ej4•Ttrd)wrz rh+ to the project for reasons described in the attached RECEIVED E® APR 2 2019 MAP SECTf®N M HD North Carolina Deparn'PPent of Environmental Quality (Divi@ton of Coastal Management Morehead CityorFlc II400Commcrce Avenue I Morehead City, North Carollna46557 2528082808 Bodnar, Gregg From: Pace Wilber - NOAA Federal <pace.wilber@noaa.gov> Sent: Thursday, April 25, 2019 2:32 PM To: Hair, Sarah E CIV CESAW CESAD (US) Cc: Fritz Rohde - NOAA Federal; Twyla Cheatwood - NOAA Federal Subject: [Non-DoD Source] Josh Lane SAW-2019-00118 Hi Liz. Sorry this slipped a bit. My fault NOAA's National Marine Fisheries Service (NMFS) reviewed the proposal by Mr. Lane to dredge a short channel from his existing dock in Brooks Creek to deeper waters. Based on the information in the public notice and supplementing material, the proposed dredging would occur within essential fish habitat (EFH) designated by the South Atlantic Fishery Management Council, Mid -Atlantic Fishery Management Council, or the NMFS. The NMFS anticipates any adverse effects occurring from the dredging at this location to NOAA trust resources would be minimal provided the dredging does not occur between April 1 and June 30. Consequently, the NMFS offers no EFH conservation recommendations pursuant to the Magnuson -Stevens Fishery Conservation and Management Act and no recommendations under the Fish and Wildlife Coordination Act. Thank you for the opportunity to provide these comments. Please contact Twyla Cheatwood (252-728-8758 or TwVla.Cheatwood@noaa.aov) if additional discussion of this project is needed. Pace Pace Wilber, Ph.D. HCD Atlantic Branch Supervisor NOAA Fisheries Service 219 Ft Johnson Road Charleston, SC 29412 843-460-9926 <---- Office Number 843-568-4184 <---- Office Cell Number Pace. W ilber@noaa.zov DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 1, 2019 Regulatory Division Action ID No. SAW-2019-00118/115 Maxwell Drive/Josh Lane dredge Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: DECEIVED MAY 3 2019 MP SECTION MILD Reference the application of Mr. Josh Lane, to conduct dredging within waters of Brooks Creek, adjacent to Back Sound and the Harkers Island Harbor of Refuge, at 115 Maxwell Drive, in Harkers Island, Carteret County, North Carolina. Specifically, the project consists of excavation around the existing docking facility and connect to the Harbor of Refuge by creating a new navigation channel. The proposed channel would extend off the existing harbor of refuge channel, and would be 125' long and 25' wide with a final depth of -5' at NLW. The basin surrounding the dock would be 60'X50' and be excavated to a final depth of -5' at NLW. A total of 680 cubic yards of material would be excavated via bucket to barge method. Spoils would be trucked offsite to an approved location to be determined. Offloading of barges would occur in Brooks Basin. The proposed excavation would result in the disturbance of 6,121sq ft of shallow bottom habitat. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to protect anadromous fish, no excavation or filling activities will be permitted between the dates of April 1 and June 30 of any year without the prior approval of 'r RECEIVED MAY 3 2019 z MP SECTION MHD the Corps. 2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hfD://www.fws.aov/nc-es/mammal/manatee auidelines.Ddf. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be dean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 9. If the permittee discovers any previously unknown historic or archeological remains -3- while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 12. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 13. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 14. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. z MAY 3 2019 0 Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Mr. Gregg Bodnar North Carolina Department of Environmental Quality- Division of Coastal Management Ms. Karen Higgins/Mr. Robb Mairs North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division MAY 3 2019 MP SECTION MHD -s- a�: MAY 3 2019 MP SECTION ill:® DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 May 20, 2019 Regulatory Division Action ID No. SAW-2019-00118 and State Permit No. 29-19 Mr. Josh A. Lane 10590 NC HWY 55 West Dover, North Carolina 28526 Dear Mr. Lane: Reference your application for a Department of the Army permit to perform dredging in waters adjacent to AIW W, adjacent to Brooks Creek, at 115 Maxwell Drive in Harkers Island, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for constnuction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, Liz Hair Regulatory Project Manager -2- Enclosures: Plans CAMA permit GP 291 permit Manatee Guidelines Electronic Copies Furnished (without enclosures): Mr. Fritz Rohde; NMFS-HCD Dr. Pace Wilbur; NMFS-HCD Ms. Twyla Cheatwood; NMFS-HCD Mr. Doug Huggett; NCDEQ-DCM Ms. Karen Higgins; NCDEQ-DWR Mr. Pete Benjamin; USFWS Mr. John Ellis; USFWS Mr. Todd Allen Bowers; USEPA BOSN4 Ryan Taylor; USCG Mr. Robb Mairs; NCDEQ-DWR Mr. Ryan Davenport; NCDEQ-DCM Mr. Gregg Bodnar; NCDEQ-DCM SPECIAL CONDITIONS Action ID No. SAW-2019-00118 and State Permit No. 29-19 1. In order to protect anadromous fish, no excavation or filling activities will be permitted between the dates of April 1 and June 30 of any year without the prior approval of the Corps. 2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf 0 0.0 QFF OF e 514 A LF1iY2 1`4'61 e e '✓r. e, 2 o� DIP e, i 4'- S--✓& 'So pRµWjWge, 8 8 ffela-�- -645iw )Le/Yg Hl /,¢vY5 f/I c�--, eA*wll,?e - 0 J6.sil A%AWv- V40-) ee, ' 747Z-- : C�-s-r9 Se �¢. lit, jo r Pamozmja Ry Zfcdf4eVF=z#h OEP r Geary!, a�C'�ta�sxel�\ - /4 �7�/ /7 r : ferry / _y Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 29-19 Issued to Josh A. Lane,10590 NC HWY 55 West, Dover, NC 28526 Authorizing development in Carteret County at adj. to Brooks Creek. at 115 Maxwell Dr., Harkers Island , as requested in the permittee's application dated 9/5/18 (MP-1) and 4/3/19 (MP-2), including attached workplan drawings (2), Sheets 2 and 3 of 3 dated 9/5/18. This permit, issued on May 6, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation ti inese terms may oe subject to lines, impnsonment or civu acuon; or may cause me permit to oe nun ana vora. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the NC Division of Marine Fisheries and National Marine Fisheries Service, 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxtdn C. Davis, Director ision 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 Josh A Lane Permit No. 29-19 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. 6) This permit was issued based upon at determination that while the area to be excavated is immediately adjacent to areas containing actively growing submerged aquatic vegetation (SAV) beds, the area of proposed excavation would not directly impact actively growing SAV beds. During all authorized excavation events, the permittee shall implement all available precautions to ensure that damage to SAV beds does not occur. Spoil Disposal 7) No spoil material shall be placed within 30 feet of the normal high water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site if overland transport is required, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. 10) In order to protect waters adjacent to the designated dredge spoil disposal site, the permittee shall provide the Division of Marine Fisheries — Shellfish Sanitation Section the dredge plan and the location of the spoil disposal site prior to any dredging activity, so a swimming advisory or shellfish closure determination can be made, and documentation of this coordination provided to the Division of Coastal Management. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Josh A Lane ADDITIONAL CONDITIONS USACE Condition Permit No. 29-19 Page 3 of 3 12) 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 httu://www.fw-.aov/nc-es/manunallmanatee euidelines.pdf. General 13) 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. 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-201.9-00118/115) issued 5/1/19. 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. 2019-0169. 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 permittec 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 $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.amiv.miL Missions/ReeulatorvPermitProararn.aspx General Permit No. 198000291 Name of Pennittee: General Public Effective Date: January 01, 2017 Expiration Date: December 31, 2021 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (LAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Ooeratin2 Procedures a. Applications for joint state and federal authorization under this programmatic general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. in. No work may proceed under this general permit until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all pennitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This general permit will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at httn://www.saw.usace.arTny.mil/Missions/Navigation/Setbacks.as-ox. This general permit does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this general permit or any Corps approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place, at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Resources. e. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). f. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by M the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The permittee understands and agrees that, if future operations by the United States require the removal; relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the United States to its former conditions. i. This General Permit does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAW Web-NAVgilsace.armv.mil. k. The permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This general permit does not grant any property rights or exclusive privileges. in. This general permit does not authorize any injury to the property or rights of others. n. This general permit does not authorize the interference with any existing or proposed federal project. o. In issuing this general permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit. (4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this general permit. p. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The tern of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This general permit does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. 13 Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this general permit, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. No activity is authorized trader this general permit which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. Information on threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices, the USFWS field offices or at the following web addresses: litt%://ww w.Avs.aov/ or htta:/hvww.fws.gov/ipac! or htto://wWw.noaa.goy/fisheries.html . Permittees may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. v. If the permittee discovers or observes any live, damaged, injured or dead individual of an endangered or threatened species during construction, the permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. w. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. x. The permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways&scg.mil. y. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. z. It is possible that an authorized structure may be damaged by wavewash from passing vessels. The issuance of this general permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. aa. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIW W), will be removed at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. bb. The permittee must maintain any structure or work authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this general permit will automatically transfer this general permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this general permit and provide the subsequent owner with a copy of the terms and conditions of this general permit. cc. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. dd. Except as authorized by this general permit or any Corps approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. ee. Except as authorized by this general permit or any Corps approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. ff. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit that were in effect at the time the activity was completed continue to be authorized by the general permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: FOR THE COMMANDER: Scott McLendon Chief, Regulatory Division Wilmington District ` oem Mr-1 SEP f) 5 2018 Major Development Permit _ �, CITY (last revised 12/27106) - North Carolina DIVISION OF COASTAL MANAGEMENT 1.PrimaryApplicantl Landowner Information Business Name - - Project Name (if applicable) Applicant 1: First Name - j'o5 H MI ^ /� Last Name LA+fN .E - Applicant 2:, First Name MI Last Name it additional applicants, please attach an additional page(s) with names listed. Mailing Address /0390 ive Hwy SS wE5'c PO Box - City DovER . State Mc ZIP o? Country - U 5 H Phone No. .1st •5`Go -3315 FAX Na: asz -5a7 3oSS Street Address (if different /rom above) _ City State ZIP . Email - - 2.. AgentNContractorinfarmation Business Name,- 'z Rot) Agent/ Contractor 1: First Name, MI' Last Name Agent/ Contractor 2: First Name MI Last Name . Mailing Address.: PO Box Gty K �5' Slate S07 ZIP No. -1 S2 7z5-4Sr4ext.axt. Phone No. 2 7D4� 4Phone Q FAX No. _ - tractor # Street Address (If diRerenhirom above) .. city _ Stale ZIP - A Email - �.. ee, ®19 ir ecm <Form continues on back> JAN 2 4 2019 IjCM-MHD CI' FJgn DCM MP-1 (Page 2 of 4) APPLICATION for RECEiyE�,ajor Development Permit 3. Project Location. 01$ County teen be multiple) CRRTEAFT Street Address ft `MHD Cr,IT //5 (rlifXwEA-L DRIVE fate Rd. # Subdivision Name HARKEKS QoiNT City - state. Nc Zip a833 j Phone No. Lot No.(s) lif many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project w+IIT� ORtIC 09ooKS c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural oManmade []Unknown 6b0 14D e. Is proposed work within city limits or planning jurisdiction? I. If applicable list the planning jurisdiction or city limit the proposed []Yes®No work falls within. enRTE,R�T- edaNTy. 4. Site Description a. Total length of shoreline on the tract .) b. Size of entire tract ((ss'gt. c. Size of individual lots) d. Approximate.elevaton of tract above NHW (normal high wale r) or NWL normalwalerlevel) ONWL (if many lot sizes, please altach_addido al page with: a list) MHW or e. Vegetation on tract ` gaass ,cnNosc�r� r/E9> jgriaN L Man-made features and uses now on tract 605/F FAMiL.y 9"ivENek- g. Identify and.describe the existing land uses adIiecent to the proposed project site. SiN jz�= FA mI10 KESIvF_Nc1:5 WITH VOC_k H" �ocAT� o o),I E11TH£9 51M.df Q96-'Ee.T .51'TF- h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? --� - (Attach zoning compliance certificate. If applicable) V i1) Z / y E- D - QYes (]No J414A J. Is the proposed activity part of an urban waterfront redevelopment proposal? OYes JANo - 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 Distdct or does it Involve a []Yes ' nNo [INA National Register listed or eligible property? <Form continues on next page> RECEIVED JAN 2 4 2019 DCM-MHD CITY Forin DCM MP.1 (Page 3 of 4) RECEIVED APPLICATION for Major Development Permit SEP 05 2018 m. (I) Are them wetlands on the site? DCM-MHD CITY ®Yes ONO - (it) Are there coastal wetlands on the site? ®Yes ❑No OR) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes ONo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. ' OfF-SItE�G'o/"i�uNlTy SEPTIC SySTEf,^ o. Describe existing drinking water supply source. �� H� K KE Rs T3LAJ�0 wpl-F-A -miu l- 44y vi ST'R f <T iT6 t// DES VfJ hA'tN 9 p. Describe existing storm water management or treatment systems. STaiKmWAT9A SflEf-T— f-4ow //4To 1990C<S CIREEK . 5. Activities and Impacts a.Will the project be for commercial, public, or private use? ❑Commercial ❑PublicfGovemmenl . ;IPdvate/Community b. Give a brief description of purpose, use, and daily operations -of the project when complete. .c. Describe the proposed construction methodology, types of constriction equipment to be used during construction, the number of each type +. of equipment and where it is to be stored. 'j%y,.'�R f� 4kn bz /r�cckat /bnR3e ifw �t'�araf2s o� i�uo �JgA,�3sS u-'// be 461 4- S&ew IN �Rc�ffs t"12at�':A1 M� d. List allrl development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? I. What Is the approximate total disturbed land area resulting from the proposed project? - q.Ft or ❑Acres g. Will the proposed project engroech on any public easement, public accessway tir other area ❑Yes Mo ❑NA that the public has established use on h. Describe location and. type of existing and proposed discharges to waters of the state.' S7mRr•�waTEe SHEET—�e.� >rrra g,Rooks C'Kcct� I. Wil(wastewater or stormwater be discharged Into a wetland? ❑Yes ONo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes. ❑No ®NA _ j. Is there any mitigation proposed? - []Yes ❑No ®NA If yes, attach a mitigadon proposal. <Fonn continues on back> RECEIVED JAN 2 4 2019 DCM-MHD CITY EcrFm DCM MP-1 (Page 4 of 4) HECE1VED APPLICATION for 0 SEP 05 2018 Major Development Permit 6. Additional information TY In addition to this completed application form, (MP-t) the following items below, N applicable, must be submitted In order for the application package to be complete. Items (a) - (f) are always applicable to any ma/or development application. Please consult the application Instruction brooklet on Crow to properly prepare the required Iterits 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 prevlouslyauthorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. - c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. 'A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. a., The appropriate application fee. Check or money order made payable to DENR. I. A Its of the names and complete addresses of the adjacent waterfront (dpadan) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name .4,4L 4 Xehe-//e, 1/54erq., Phone No. Address 37rF 7% e51' 0#& PA, C-L/#Yrh' If • 2 i519 Name -Jh.iyy f- 1�,,,, Phone No. Address . p0, 13o r 6-43 AAMlfL eRS IS4401 /irf—+ :M S f Name - Phone No. Address 'g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates. h. Signed consultantor agent authorization form, if applicable. - I. Wetland delineation, if necessary. signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signedby property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit Issued in response to this application wen auuw uniy uro uovo,vpu,c, i• •,_oulo.,ow •• •••� �.r••- ••-• •• The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the afgrementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Dale —�J%/� Print Name BE.AEy BknoKS Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-5 Bridges and Culverts ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures information RECEIVED JAN 2 4 2.W9 >M-MHD CITY RECEIVED Forma DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) SEP 0 5 2018 DCM-MHD CITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental Information. Describe below the purpose of proposed excavation and/or FlII activities. All values should be given In feet. Channel Other (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL Breakwater shoreline stabilization Length U0AW Width (!1 r Avg. Existing Depth — Z {�f �. 2 NA NA Final Project_ Depth — 5 �t — S t, NA NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or cubic yards. 4Sd ed kgs (i) Does the area to be excavated include coastal wetlandslmarsh (CW); submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑S V ❑SS ❑WL None (ii) Describe the purpose of the excavation in these areas: b. Type of material to be excavated. d. High -ground excavation In cubic yards. VA 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable Locauon or arsposai area. - (�iWI t. (1) Do you dal ills to disposal area? ❑Yes ( No ❑NA (11) If no, attach a letter granting permission from the owner e. (1) Does the disposal area Include any coastal wellandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. CICWoWL = ❑Bone ❑SB (11) Describe the purpose of disposal in these areas: Dimensions of disposal area. d. (1) Will a dispel area be available for future maintenance? []Yes (gNo ❑NA (Ica If yes, where? ' (I) Does the _d_is96sal Include any area in the water? [] Yes VNo ❑NA (11) If yes, how much water area is affected? RECEIVED JAN 2 4 2019 DCM-MHD CITY For'an DCM MP-2 (Exoavation and Fill, Page 2 of 2) RECEIVED 3. SHORELINE STABILIZATION his KcporonSt ie lcable (If development is a wood grofrr, use MP-4—Structures) a... Type of shoreline stabilization: b. Length: _ M-MHD CITV L aulkhead tJRlprap LJBreaKWateNSlll Liumec _ c. Average distance waterward of NHW or NWU a. Type of stabilization material: g. , Number of square fes4 Bulkhead backfill _ Breakwater/Sill _ 1. Source of fill material. fill be aced below water level. Other Width: _ d. Maximum distance waterward of.NHW or NWU• I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes []No - ❑NA (II) If yes, stale amount of erosion and source of erosion amount information. In. Type of fill material. 4. OTHER FILL ACTIVITIES (>liis section not applicable (Excfuding Shoreline Stabilization) a. (i) Will rill material be brought to the site? ❑Yes [:]No ❑NA b. (1) Will rill material be placed In coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands.(WL)? If any boxes are checked, provide the (it) Amount of material to be placed In the water _ number of square feet affected'. (Iii) Dimensions of fill area ❑CW ❑SAV ❑SB _ IN) Purpose ofriill���� ❑WL []None (ii) Describe the purpose of the fill in these areas: 5. GENERAL or controlled? site and erosion b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? c. (1) Will navi ational aids be required as a result of the project? ❑Yes DNA (II) If yes, explain what type a d h the NIII be Implemented. #- 3- IT Date Project Name d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes []No. ❑NA (It) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Appll tNa RECEIVED BE Applicant re JAN 2 4 2019 DCM—MHD CITY ti- All Rln7 n ' 1 d 4 Symgha)�/R-a ?- SQJMObd AO/ ;, / VWIDS t atLvdl �-a. comrJ, a.4tly y U59,C ,vis,vLry ,-1.#og j o -*01� ��s ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAELS.REGAN /� Secretary "Zilit BRAXTON C. DAVIS Director April 10, 2019 Brooks Dredging and Marine Construction Charles B. Brooks 507 Bay View Dr. Harkers Island, NC 28531 Dear Mr. Brooks, This letter is in reference to the application submitted for Mr. Josh A. Lane, for a Coastal Area Management Act Major Permit to undertake development activities to dredge an access channel at 115 Maxwell Dr., Harkers Island, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make June 24, 2019 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM Morehead City North Carolina Department of Environments] Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Day, Susan Sent: Wednesday, February 27, 2019 8:55 AM To: Bodnar, Gregg Subject: FW: Josh Lane Map Redistribution Attachments: Josh Lane Map.pdf Sorry, forgot to cc you. Please see below. Thanks Saba S. DaV Office Manager Division of Coastal Management Department of Environmental Quality 400 Commerce Ave Morehead City, NC 28557 252 808 2808 Ext. 206 office Susan. Dav(Qncdenr.gov Z.- -5/'Nothing Compares... % N Email correspondence to and from this address is subject to the North CarolinaPublic Records Law and may be disclosed to third parties. From: Day, Susan Sent: Monday, February 25, 2019 1:38 PM To: J.D. O'Neal<jdoneal@carteretcou'ntync.gov>; Lave-Adrick, Rachel A<rachel.love-adrick@ncdenr.gov>; Liz Hair (sarah.e.hair@usace.army.mil) <sarah.e.hair@usace.army.mil>; Padrick, Lee <Ipadrick@nccommerce.com>; NC DCR <Environmental.review@ncdcr.gov>; Southerly, Chris <chris.southerly@ncdcr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Staples, Shane <shane.stapies @ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Mike Moser <mike.moser@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov> Subject: Josh Lane Map Redistribution Hello All, It was brought to my attention that the map that was attached to the "Josh Lane CAMA Application" did not scan properly. I apologize for the inconvenience, please find attached the corrected map. Thanks and have a great day. Swsauc S. Datq Office Manager Division of Coastal Management Department of Environmental Quality i 400 Commerce Ave Morehead City, NC 28557 252 808 2808 Ext. 206 office Susan. Dav(a-,)ncdenr. aov Nothing Compares �.. . Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Josh Lane - EAE, Inc. <josh@eae-inc.com> Sent: Friday, March 15, 2019 3:30 PM To: Bodnar, Gregg; dbrooks62@ec.rr.com Cc: Davenport, Ryan Subject: [External] RE: FW: Josh Lane Hey Gregg, Thanks for the email. First to answer your question about the boat. A 30' catamaran boat is what sits on the left side lift. Its been out since the hurricane. We would prefer to not add to the existing footprint. There has been sometime since that has been cleaned out and I do not want to rely on them to clean out the entire channel to provide me access. It is also quite awkward trying to dock from that direction in a strong southerly wind which is present for most of the summer. There is no proposal on going forward of the boat lifts. The Jetski lift area is adequate for its purpose. if going 4' deep vs 5' makes a difference then we could live with that as well. Thanks, Josh Lane Vice President Enviro Assessments East, Inc. Josh@eae-inc.com (c) 252-560-3315 (o)252-527-3052 (f) 252-527-3055 -------- Original Message --------- Subject: FW: Josh Lane From: "Bodnar, Gregg" <gregg.bodnar@ncdenr.gov> Date: 3/14/19 8:33 am To: "dbrooks62@ec.rr.com" <dbrooks62@ec.rr.com>, "Josh Lane - EAE, Inc." <josh@eae-inc.com> Cc: "Davenport, Ryan" <ryan.davenport@ncdenr.gov> Morning Mr. Lane and Mr. Brooks, Mr. Lane, when I spoke to your father after he called to get an update on the status of the project I mentioned that DMF was interested in checking the site for SAV concerns within the dredge footprint. They conducted that survey on 3/13 and DMF provided some additional questions below. No SAV was found in the dredge footprint but there was oyster resource. I spoke with DWR 401 this morning as well and they are interested in the same questions as well. Please take a look at the email below and provide me with a response to their questions and proposal I will pass it along. If you have any questions or want to discuss please give me a call. Thanks, Gregg -1,"DK Q � Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental quality 252 808 2808 ext 225 (Office) G ree e.Bodna r0ncdem. gov Email correspondence to and from this address is subject to the North Carolina public Records Low and m ay be disclosed to third parties. From: Staples, Shane Sent: Wednesday, March 13, 2019 4:12 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Josh Lane Gregg, after conducting a site visit to Mr. Lane's property on 3/12/19 to assess the area for fisheries resources that may be impacted by the proposed project I do have some questions I would like clarified by the applicant. What is the purpose of going to -5' @ NLW? The bay,rider skiff observed on the lift at the property has a draft nearly capable of operation at nearly any water level without dredging. Building on that questions, why not connect into the neighboring footprint to reduce overall bottom impacts? This would be a preferred alternative by DMF unless some purpose and need if shown for the deeper access channel. 14 As a result of the site visit the only SAV beds found were landward on the existing boat lifts and proposed dredge footprint so impacts to that resource will likely be minimal. My conservation recommendations there would be to have a 10' buffers from the SAv beds for any dredge footprint. I would likely have resource concerns if the dredge footprint were proposed to extend up the jet ski lift. The remainder of the bottom in the proposed work area was soft fine sediment with a good deal of shell hash some showing signs of oyster spat settlement. Thanks, Shane Shane Staples Fisheries Resource Specialist Division of Marine Fisheries North Carolina Division of Environmental Quality 252-948-3950 office Sha ne.staules@ncdenr.gov 943 Washington Square Mall Washington, NC 27817 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Josh Lane 2. LOCATION OF PROJECT SITE: 115 Maxwell Dr., Harkers Island Latitude:34°42'41.49"N Longitude:76°34'58.24"W INVESTIGATION TYPE: CAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/28/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—10/5/18 Application Complete- 1/24/19 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County Land Classification from LUP — Limited Transition (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Private (E) Wastewater Treatment: Existing — Community Planned — NA (F) Type of Structures: Existing — Residents, Dock Planned — New Excavation (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A)Open Water 6,125ft2 N/A N/A (D) Total Area Disturbed: 6,125ftz (E) Primary Nursery Area: No (F) Water Classification: SA (G) Shellfish Classification: closed PROJECT SUMMARY: The applicant is proposing to excavate around their existing dock and create a channel to connect to the existing channel leading into the Harker's Island Harbor of Refuge. Field Investigation Report: + -Jd;& Lane Page 02 9. NARRATIVE DESCRIPTION: The Josh Lane project is located at 115 Maxwell Dr. on Harkers Island adjacent Brooks Creek. Brooks Creek connects to Back Sound and has an existing federal channel connecting to Harker's Island Harbor of Refuge. This property is .4 ac in its entirety and has an existing single family home. Extending off of high ground is a two slip docking facility. A 50' fringe of high and low marsh exists along the shoreline. There are oysters in the intertidal zone along the shoreline. The bottom of Brooks Creek in this area is mostly sand and silt with patches of SAV near shore. The channel leading into the Harkers Island Harbor of Refuge is approx. 120' offshore of the existing dock. A new channel West of this project was excavated and authorized under CAMA Major Permit #35-07. Water depths around the existing dock are -1' to -2' at NLW. Water depths in the harbor of reguge channel are -4' to -6'. The Division of Water Resources classifies this area of Core Sound as SA waters. This is not a Primary Nursery Area. This portion of Brooks Creek is closed to harvesting shellfish. The parcel is classified in the Carteret Co. LUP as Limited Transition. 10. PROJECT DESCRIPTION: Josh Lane is proposing to excavate a new navigation channel and basin surrounding an existing dock. The proposed channel would extend off the existing harbor of refuge channel. It would be 125' long and 25' wide with a final depth of -5' at NLW. The basin surrounding the dock would be 60'X50' and be excavated to a final depth of-5' at NLW. A total of 680 cubic yards of material would be excavated during this project. Spoils would be trucked offsite to an approved location to be determined. Offloading of barges would occur in Brooks Basin. No additional slips would result from the project. There are patches of SAV existing along the shoreline but none were noted in the excavation area at the time of site visit. Excavation would occur 35' away from nearest Coastal Wetlands. Applicant has chosen not to connect to basin to the West because of connecting water depths. Excavation would occur outside the lateral bounds of applicant's riparian access area. 11. ANTICIPATED IMPACTS: Excavation will result in the disturbance of 6,121 sq ft of shallow bottom habitat that has not been previously excavated. Turbidity impacts can be expected during the removal of the 680 cubic yards of material. Final bottom soundings will be -5' NLW connecting to -6' NLW and greater. Intended use of this project is for boating ingress and egress to an existing two slip docking facility. Name: Ryan Davenport Date: 1/29/19 Morehead City Bentley Brooks, (honer --A - 1 507 Bavview Drive (252)728-6886 d �marine Harkcrs lslawt NC 28531 NARRATIVE 9-5-2018 This proposed project will consist of dredging the areas around the existing pier and boat lift. The basin area will be approximately 60 feet long by 50 feet wide and will be dredged to a depth of 5 feet deep at main low water. The proposed channel is approximately 117 feet long by 25 feet wide and will be dredged to a depth of minus 5 feet at main low water. The equipment used to execute this project will be a long reach excavator on a spud barge and two hopper barges used for transporting dredged material to offloading site. Once the material has reached the offloading site, it will be removed from the hopper barges via long reach excavator into dump trucks and then transported to fmal Cama-approved disposal area. RECEIVED JAN 2 4 Z019 DCM-MHD CITY 10/30/2017 ConnectGlS Feature Report ."vi�o Printed ctober 30, See B DIsd. Address Points • Parcels - Updated 10-18-2017 E) Centerlines C Railroad Right of Way 13 �County Boundary f 4.J Other County <all othervalues> Cart ILA, PIN Acreage Parcel Dimensions Lot Number rS 1 :44 Feet he,'nformation displayed by this website is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and ublic records and data. Users of this Information are hereby notified that the aforementioned public primary information sources should be consuked for on of the information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does noee that the data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services anethods at will. RECEIVED 2018 Gry JAN 2 4 2019 https://carteret.conneotgis.rum/DownloadFile.ashx?i=_ags_map3541113116a8448b846aa3467iell24ex.htm&t=print DCM-MHD CITY 1/1 10/30/2017 ConnectGIS Feature Report ('� , I/'''�' TZ' Carteret2 CON I V ! GI S Printed October 30, 2017 WEB HOSTING See Below for Disclaimer err Parcels - Updated 10-18-2017 t1 10 C3 2414 Centerlines n 5348 �: 6347 . �+i ii ci i der, P4 I� ra �; ! ii 7346 �S45 0„ qa F NC Railroad Right of Way hI' RKERS a I II County Boundary p REC � 3.38A r""1 i275 � `�� f �e..M) wnNreP;i +nrlu� Mt r 1�.7 Other County SEP <all othervalues> t, a `< Cart ®CAA-M aeae PIN a� ' A", 'rr i. WA `a < n r � Acreage Parcel Dimensions Lot Number S' 11:1766 e information displayed by this website is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and 'her public records and data. Users of this information are hereby notified that the aforementioned public primary information sources should. be consulted for edification of the information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does no luarantee that the data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services an 2o,8 CITY RECEIVED JAN 2 4 2019 https://carteret.00nnectgis.com/DownloadFile.ashx?i=_ags_map8df5e7gfefS4428a9c354igfdlc6db5bx.htm&t=print DCM-MHD CITY 1/1 10/30/2017 Property Data �.,. Carteret County Property Data Parcel Number:. 732507683963000 Inquiry Date: 10/30/2017 DISCLAIMER: For confirmation of the number of buildings on each parcel, please contact the Carteret CouRP-eFD Owner/Property Info Parcel Number: 732507683963000 Owner: LANE,JOSH ALLEN ETUX KRISTEN D Physical Address 0000115 MAXWELL DR HARKERS ISLAND NC Mailing Address: 10590 HIGHWAY 55 WEST DOVER NC 28526 Legal Description: L22 HARKERS POINT Deed Book: 1551 Deed Page: 121 Plat Book: 0 Plat Page: 0 Sale Date: 20160817 Sale Price: 410000 Acreage: 0.40E Land Value: $279,892.00 Building Value: $173,406.00 Extra feature Value: $53,434.00 Parcel Value: $So6,734.00 Sketches Photos Building Info Baths: 2.5 Bedrooms: 3 Condition: N/A Exterior Walls 1: RES WOOD Exterior Walls 2: . Floor Finish 1: CARPET Floor Finish 2: HARDWOOD Foundation 1: POST Foundation 2: POST Heat: HEATPUMP Roof Cover 1: COMP SHNGL Roof Cover 2: COMP SHNGL Roof Structure: GABLE Square Footage: 2040 Year Built: 1998 Click Here for Advanced Cards SEP 052'`8 DCM-MHO CITE RECEIVED DCM-MHD CITY http://Web3.mobile3l l.com/CarteretCard/default.aspx7PIN=732507683963000 1/1 10/30/2017 ConnectGIS Feature Report 121 FIRE DISTRICT HARKERS ISLAND FIRE MOTHER 0 OWNER LANE,JOSH ALLEN ETUX KRISTEN D CURRENT DEED DATE 20160817 STRUCTURE VALUE 173408 MAILING ADDRESS HOUSE NUMBER 10590 MAILING ADDRESS CITY MAILING ADDRESS STATE DOVER NC MAILING ADDRESS PO BOX CITY LIMIT RESCUE DISTRICT LEGAL DESCRIPTION L22 HARKERS POINT YEAR BUILT TOTAL SQUARE FEET 1998 2040 BATHROOMS BEDROOMS 2.5 3 STREET NAME STREET TYPE MAXWELL DR PDOT RECE, 3963 PRID SEP p 5 DEED BOOK 1551 SALE PRICE 410000 OTHER VALUE 53434 MAILING ADDRESS DIRECTION MAILING ADDRESS STREET HIGHWAY 55 WEST MAILING ADDRESS ZIP 28526 NEIGHBORHOOD CODE 80011 TOTAL ACRES 0.408 ROLL TYPE R HOUSE NUMBER (7 Diaits) 0000115 APT # CITY TOTAL VALUE PLAT BOOK HARKERS ISLAND 506734 0 PLAT PAGE District aicuz 0 8 http://tax.carteretcountygov,org/acuiz .asp? pid=732507683963000&risk1=&nois el= RISK LEVEL NOISE LEVEL OBJECTID 1 33472 The information displayed by this website is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, an, other public records and data. Users of this information are hereby notified that the aforementioned public primary information sources should be consulted fit verification of the information contained on this site, Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does nc uarantee that the data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services an RECEIVED JAN 2 4 2019 DCM-MHD CITY https:llcarteret.connectgis.com/DownloadFile.ashx?i=_ags_mapb9l8c63cd83a4304bbea35el445246cdx,htm&t=printid 2/2 9/5/2018 data=Al BYz_XOgRotp836ZEzbl NIEgWKD9i5OJJOhXfA9gO4rTNXrAsRVWKsgKFz-yGeEct7ubYZgyrJnXya7vrgJkKc95w3yvq84uOTSD2... ached Carson Estuarine Reserve Dedicated... vieill45 mar , IG 4LI GItJ / Mechanical Harvesting of Oysters... Mechanical 1337 Harvesting of Oysters... Back Sound Outstanding Resource Water DECEIVED SEP 0 5 2016 ®CM,MHD Clry Map data CO18 Google RECEIVED JAN 2 4 2019 DCM-MHD CITY Job% At a ec 09 3 Asfe : 9-s18 No Ste€ e- Aanwi B hftps:/Avww.google.conVmaps/vttdata=Al BYz_XOgRotp836ZEzb1 NIEgW KD9i5OJJOhXfA9gO4rTNXrAsRV W KsgKFz-yGeEct7ubYZgyrJnXya7vrgJkKc... 1/1 wiwfA ),-eY,97 44 ay ell*wl&l- J6shAAAmrs- PlQo�eaf' Pae3 o-F'3 Se¢A.e /'= /of PmiofKSS vy He.004ev Receive p C iry I-e*,544 �/�////l/mil/�E/^�� / w NORTH CAROLINA, CARTBRET COUNTY This Insunment and Ihla OR lifcate ate duly Died at the date and time and In the Book and Page shorn on the tset page hereof. b a st s ✓,y.M G';AesL FU 151111 ,OR neats;anrTIM R1PXMil oeem aa.rat cantr "all 10,101,15 0Im 2 P40:58 PM FEE: s26.e6 K EM5FILE M155112OR 00 RECEIVED SEP 0 5 P018 DCM44HD C1Ty NORTH CAROLINA GENERAL WARRANTY DEED Excise Tar. $820.00 Parcel IdentifierNc>V32507683963Vedfied by Carteret Counpilthe_ day of ,20_ Mad/Box to:Whe" Wlically, Weeks. Lupton & Maaeie. PA. P O But, 360. Beaufort, NC 28516 This imnumentwas prepared by: C. R. WheatjyyIII _ Brief description for the Index: 115 Muwell Drive THIS DEED made this -LL] — day of August, 2016,try and between GRANTOR GRANTER t 'e .1 Nancy Baker and husband, George Reid Fuller x�< 931 Hzd= Island Road Beaufort, NC 28516 �s e Josh Allen Lane and waifs, Kristen Dmese Lam 10590 HWY 55 War Dover, NC 28526 Enter in appropriate block for each Granter and Gtwlec pans mp]iag s ldras, and, if appropriate, dwra <i of entity, eg. comotatlon or Dartnenshio. The deigastion Grantor and Grantee as need herein shall include said parties, their heirs, maessms, and assigns, and shall include pogular, pkual, masculine, feminine or neuter OR required by mateK. WITNFSSETH, that the Grantor, for a valuable consideration paid by the Gmtee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and cotwey unto the Cranes in fee simple, all that certain lot or parcel of land situated in the Harken Island Township, Carteret County, North Carolina and more particularly desmbed as follows Being all of Lot Twenty Two (22) Harken Point Subdivision, as the same appears on that plat of record in Map Book 29, Page 24, Carteret County Registry, reference to said map being made for greater certainty of description. NCBv mi..FwN.01916. ais1/1010 ,teedbyAg.tMftNCflopOOK 1 PAGE I a RECEIVED JAN 2 4 2019 DCM-MHD CITY )�cie/ v�eY All or a portion of the property herein conveyed does include the primary residence of a Grantor. SFp O C The property hereinabove described was acquired by Grantor by instrumentJ recorded in Book 997, Page 164. p� 2018 A map showing the above described property is molded in Plat Book 29, Page 24, Carteret County Registry. b'✓I 7 e r-ML,^ TO HAVEAND TO HOLD the aforesaid lot or patul of land m and all privileges and apputtences thereto belonging to the r4J C/7 y Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee ample, has the right to convey, the same fee ample, that title is metkemble and free and clear of all encumbrances, and that Gmntorwill warrant and defend the title against the lawful deima of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year fimt above written. State of NORTH CAROL.INA County of CARTERET I, the undersigned Notuy Publi personally appeared before me this day therein expressed. Witness my hand am My Commission Expires: (Affm Se4 qq and State aforesaid, cettify that t.1NAMB to ed G ra tl•idd F Ito N � the due of the foregoing instrument for the purposes 'al stamp orIry this yofey ns42016. NO'CPR;G OZ Pub& NC Bu Arewhtioa Fann No. J 019]6, Rs,[ W ®111d010 Rated by Aatemmt w A. NC B. bpciataa S0 ®yy1(—Q PAG , RECEIVED JAN 2 4 2019 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT -APPLICATION Name of Property Owner Requesting Permit: _ J D,5" i 4 kgffe— Mailing Address: o'64!= 2.5'532 C7 Phone Number: _ 2 �2— 6-6a— 33 ISM Email Address: I certify that I have authorized Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: C/Re11 atmy property located at _ //u�/f9.�Xl�1E�f! ;Z�?IVe AAq&, ,I Z�j4hd r, in Ak,7'- 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. Title r�l Ila Date This certification is valid througii&J I ( 1 CQ 20 RECEIVE® MAR 4 2019 MP SECTION MH® us quaw"VIL i�iii IIIII 9590 9402 3883 8060 7748 04 United States Postal S@NICe o _ v z � Chi m o = First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4� in this box' �roolcs �r�dg', rtig w Akl `'oKs�. 5ol Bov�itw -1)r, arc. 40'/r �c s J01", &)c a8531 Complete items 1, 2; aihd 11 IrBi Print your name and address on the reverseso that we can return the card to you.■ Attach this card to the back of the mailpiece,or on the front if space permits. LL.�. O Agent C. Date of Delivery 1 _1 1. Article Addressed to: D. Is delMery address different from Rem 1? ❑ Yes m S , �ane1 RYES, enter delivery address below: ❑ DEC 3 102018 I I'IIIII IIII 111l�llll'lll'�I'IIIIIIIII III III ❑ Ad Signature Signature ❑ 0' —U-Oetl ❑Pno FaPnns® ❑ Registered Mail*° Restricted 9402 3883 8060 Il Signature Restricted Delivery Mal® enecl ❑ Ru�yea@�vistared Mai 9590 7748 04 ❑ Ce tified Mail Restricted Delivery f9?ietum Reeelpt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation'r 9. Alticl0 Number (TW fel from smvioe /abet) 7015 3430 0000 1211 ❑ Inured Mail 8310 ail Restricted Delivery ❑ Signature Confirmation Restricted Delivery PS Form 3811, July 2010 FEN 7530-02-000-9M Domestic Return Receipt U$# II First -Class Mail I IIIMall 11111 Pe mst No. G-10 9590 9402 3883 8060 7747 98 United States Postal Service 0 � zID n _ m o v Sender: Please print your name, address, and ZIP+q® in this be Brooks DJ - .-+�(V`aw,k ('�mns�• ��'ie.rs .�lonnci., NL aas3� ql,tlt.lrhl�m�"�IlmPhhll�Ihtthtt^Pllttttllth�'•!! ■ 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 mailpieoe, or on the front if space permits. 1. Article Addressed to: F+ALy -+ m,o6elIc tkSVm , 3hy Tolres% C)AIAs U Ay -6 n f NG X15 a7 II II I IIII'I IIII I'I I II I II' I II � III�III IIII III II III 9590 9402 3883 8060 7747 98 Number (6ansfer from service label) 7015 3430 0000 1211 Delivery D. Is delivery address different from itom 17 U Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered MalF. ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted EY6rtified Mail® Delivery ❑ Certified Mail Restricted Delivery [YKeturn Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmationm n u,.,w Mail ❑ Signature Confirmation 8327 ul Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt . . A USPS Tracking® FAQs >(https✓/www.usps.com/fags/uspstracking-fags.htm) Track Another Package + Tracking Number: 70153430000012118327 Remove X Your item was delivered to an individual at the address at 11:06 am on December 1, 2018 in CLAYTON, NC 27527. G Delivered December 1, 2018 at 11:06 am Delivered, Left with Individual CLAYTON, NC 27527 Tracking History Product Information See Less ^ Tracking Number: 70062760000096762099 Status Not Available v u Remove X The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. Tracking Number: 70062760000096762082 Status Not Available Remove X The tracking number may be incorrect or the status update is not yet available. Please verify your tracking number and try again later. Tracking Number: 70153430000012118310 m m m n Remove >U Your item was delivered at 11:55 am on December 31, 2018 in RICHMOND HILL, GA 31324. G Delivered December 31, 2018 at 11:66 am Delivered RICHMOND HILL, GA 31324 See More \/ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/faqs/uspstracking-faqs.htm) Coastal Management ENVIRONMENTAL QUALITY Josh Lane c/o Bently Brooks 507 Bayview Dr. Harkers Island, NC 28531 Dear Mr. Brooks: ROY COOPER Govemor MICHAEL S. REGAN Secmtary BRAXTON DAVIS Dimclar 2/7/19 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at 115 Maxwell Dr. The complete package was received on 1/24/19. The projected deadline for making a decision is 4/9/19.-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 1/24/19, 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. S' c J. y Davenport oastal Management Representative Enclosure cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator State ofNodh Carolina I Environment4Qlahty I CoasW Mmgement 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 AM LVI IAA = 1 m" � AlTJnjN1=J0=.=.I aI- Coastal Management ENVIRONMENTAL QUALITY Carteret News Times Re: Public Notice — Carteret Co. Dear Sir: Please publish the attached Notice in the 2/10/19 issue of the Carteret News Times. ROY COOPER Gavema. MICHAEL S. REGAN Secretary BRAXTON DAVIS !)irecmr The State Office of Budget and Management require 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, J yan Davenport astal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator State of North Carolina I Environmental Quality I Coaxal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 1/24/19. According to the application, Josh Lane applied to excavate a 6,125ft2 basin at 115 Maxwell Dr. in Harkers Island. A copy of the entire application may be examined or copied at the office of Ryan Davenport, 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 to 3/2/19, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 2/10/19 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 M D m z n � m v ^ m n o v NC Division of Coastal Management Received From: Permit No.: Applicant's Name: Project Address: _. Cashier's Official Receipt 7870 A Brc D Date: �"' 20 1 /� ! $ I—( li + V Check No.: County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date: Date: I ! MAJOR PERMIT FEE MATRIX Applicant: 7104) ( rkn'p- Selection Development Type Fee DCM % DWQ % I (14300 1601 4351000931625 6253) (243001602 435100095 2341) i 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: 11. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit 111. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be applied: III(B). Public or commercial ❑ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) III 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) cann be a lied: IV. For development that ❑ involves the filling and/or $4 55 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: 'This is a word processing form to be completed in Microsoft Word"` A � MC Division of Coastal Management Malor Permit Application Computer Sheet Applicant Josh Lane 1 33 Project Site County. Carteret Staff. JRD District: LJEI#zabeth City U Washington ®Morehead City []Wilmington Project Name: Josh Lane Rover File: N/A Date of initial application submittal (EX 1/8r2007): 9/5118 Date application `received as complete"in the Field office (EX: 1/8/2007): 125r19 Permit Authorization: 9 CAMA ZDnidge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: OYes ONo Photos Taken: Yes 0 NoO Setback Required (riparian): ❑Yes El No Critical Habitat: LJYes NNo LJNot Sure 15 foot waiver obtained: Yes NNo Hazard Notification Returned: ❑Yes ®No SAV: Yes ®No ONotSure Shell Bottom: LJYes DgNo Not Temporary Impacts: ®Yes ONo Sure Sandbags: Yes No ONotSure Did the land use classification come from Mitigation Required (optional): countyLUP: ®Yes ❑No ❑Yes ®No Moratorium Conditions OYes ONo Environmental Assessment Done: ®NA ❑Yes ®No ®NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQM I LJ Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomis sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt read gress (Spathns altemi8ora) cynosuroides) El (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) Ll (JR) Black needlemsh (Juncus Ll (SP) SaWneadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 111(A) Private w/D&F up to 1 acre; III(D) Priv. public or comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 can? be applied - $400 Minor Modification to a CAMA Major El Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanauement.net revised: 02/15110 NC Division of Coastal Mgt. Application Computer Sheet. Paae 2 of 41 ----- - - - -- ❑� rmitZ Fans/er- $100 ❑ III(B) Public or commercial w/D&F to 1 acre; 3490 can be applied - $400 ❑ Express Permit - $2000 ❑ Major development extension request - ❑ A Public or commercial/no dredge $100 and/or fill - $400 ❑ L Private no dredge and/or fill - $250 ❑ lll(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 revised 02115110 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) App nt Jr. hLane Date: 217119 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. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Access Channel 1 N 125 25 Basin 1 N 60 50 New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Ej Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N revised 02115MO NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applitant. JoshLane Date: 217119 Describe below the HABITAT disturbances forthe 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. FL (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration andror temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount Open Water Usurped 6125iF 6125ft' 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 ❑ FiN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-0RCOAST :: www.nccoastaimanagement.net revised: 02/15110 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Josh Lane Distribution Date: 2/8/2019 AGENCY WIRO WARO LPO TS.DC Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, (Carteret Onslow, Pender) Chowan, Craven, Hertford, Hyde, Tyler Crumbley (Temporarily away Perquimans, Tyrrell) everything goes to Liz) Josh Peletier — (Bertie, Currituck, Dare, US COE (NC DOT) (Brunswick, New Hanover) Gates, Pamlico, Pasquotank, Washington) DOT Brad Shaver DOT - Tom Steffan — (Beaufort, Carteret, (Brunswick, New Hanover, Onslow, Craven, Pamlico Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) -- -- Lee Padrick (Beaufort Carteret Craven, Lee Padrick (Beaufort, Carteret, Eliz City, Pamlico, Washington) Craven Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Underwater Archaeology Chris Southerly or Nathan Henry Chris Southerly or Nathan Henry Div. of Water Infrastructure Heidi Cox Clif Whitfield Curt Weychert WIRO Marine Fisheries Shane Staples MHC Shane Staples WAROJECRO NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Shannon Jenkins & Sharon Gupton Gupton State Property Tim Walton & Mike Moser Tim Walton & Mike Moser DEMLR/DWR: Sheri A. Montalvo Sheri A. Montalvo (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR401 Robb Mairs (Carteret New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARO) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Butter Rodney Bulter H:\Major Permit\Templates\Maj Comment Distribution Sheet.docx Revised :6/29/2018 IN gem MP-1 RFr•er„r-_ APPLICATION for SfP 05 2018 Major Development Permit OCM-MHD C17 (last revised 12/27106) r North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name - Project Name (if applicable) Applicant 1: First Name U-05 H MI A Last Name LAN E Applicant 2:. First Name _ MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address /0590 Nc Hu'Y 5.5- W rEsT PO Box - City Dov6R State G /`i ZIP a?BS�t'o•56o.33.iS Country Phone No. wd. FAX No. aS� 3a7 3oSS Street Address (if different from above) City State ZIP . Email 2.- AgenttContractorinformation Business Name- IBA0 Q IIY `i� �,! / C L Agent/ Contractor 1: First Name MI' Last Name _ $R60 s �s AgenV Contractor 2: First Name MI _ Last Name Mailing Address , PO Box City Stale ZIP Phone No. 1 V4 e R Phone 2 .10Q� 2S'l-- - ext. FAX No. Contractor # Street Address (if different {rom above) City _ State ZIP a Email dgkoakcn <Form continues on back> Fdrm DCM MP-1 (Page 2 of 4) APPLICATION for RECEiVE&ajor Development Permit .# n 3. Project Location 018 County (can be multiple) Street Address "MHD Cj its DMAIE tate Rd. # Cf9RrERET irlgxwj=A_.L Subdivision Name HRRKERS 96INT City FFARIKERS Xa*91T State NC Zip a�S31 Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. I I, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 1390011<5 CREEK 10141TE Oft)< c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNaturel ❑Manmade ❑Unknown 3E41--K SovN D e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes . IBNo work falls within. 0ARTERF_-r eo�NTy 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) _ c. Size ofindividual Jot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water.level) (if many lot sizes, please attach additional page with: a list) ❑NHW or ❑NWL e. Vegetation on tract S R4155 .4- to N DSCA pE VE9FTAT/6:N I. Man-made features and uses now on tract 61W)4E- FAMILY/ 9"IDENCE- g. Identify and.describe the existing land uses da iscent to the proposed project site. SiN,3kF-- FArnI'-Y KE51vENcF_S w1Ttt 'Dock ARE ,CocATf 0 dN EITFIfQ SIVF; of Qgo`Sfe.T 517k h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) U N Z&2-P E• D ❑Yes []No jaNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes RNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ,gNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does It involve a ❑Yes KNo ❑NA National Register listed or eligible property? <Form continues on next page> Form DCM MP-1 (Page 3 of 4) RECEIVED APPLICATION for Major Development Permit 4 SEP 05 2018 m. (1) Are there wetlands on the site? DCM-M H D CITY ®Yes ONO - (it) Are there coastal wetlands on the site? JOYes ONO 09) If yes to either (i) or (ii) above, has a delineation been conducted? - ❑Yes (NNo (Attach documentation, If available) n. Describe existing wastewater treatment facilitles. - eFF-SjTE�G'e/'�rouAtfZy SEPTIC Sy.37Err+ o. Describe existing drinking water supply source. ) N G.1 AlTf' X H,46KEf?s TsGnr/p c✓RiEK _MjutT,o4y Uf5 ttcr tT601DE5 V 9 p. Describe existing storm water management or treatment systems. ,:!rJ2s Am A-)ATAf SHEET— Raw /NTo 69424K5 CQiEEIG . 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑commercial ❑PublidGovemment PQPdvatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. PRo�ec-ru�/ SpJute ,Q srn��e-,girtdy R�ci/a,v�e .Ccc<y/orr�►�Sit .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. ckn# be kbackaf t balfgv- , 14e �rtarat2s o,✓ 7ru� {J/tRg�S r, Foloob eg-wt Ai- on d. List all development activities you propose. R e. Are the proposed activities maintenance of an existing project, new work, or both? NEV✓ I. What is the approximate total disturbed land arearesulting from the proposed project? q.Pt or ❑Acres g. Will the proposed project engroach on any public easement,. public accessway or other area ❑Yes Mo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. S7oRr>7wpTEe sHfrET—+F�� /'ri'r6 $Rr9oK5 C'KEE1� I. Will.wastewater or stormwater be discharged Into a wetland? ❑Yes ONO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA _ j. Is there any mitigation proposed? ❑Yes ONO JENA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED .:Form OCM MP-1 (Page 4 of 4) APPLICATION for SEP 0 5 2018 Major Development Permit It 6. Additional lnfon nationCITY in addition to this completed application form, (MP-1) the following hems below, if applicable, must be submitted in Order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. Aproject narrative. b. An accurate, dated work plat (inGuding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If prouslyauthorized work, clearly indicate on maps, plats, drawings to distinguish evi 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 tide to the affected properties. a., The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 41;1-, 4 24cli ✓L/le- Vsolejq Phone No. Address 37y- Fot'e.St- 04ks Ayer CP_Z*Y oN 1AWO• 275'21 Name - fn-NLf- 15ay IQ Phone No. Address RO. t3oY _ (,33 f/r el%R6 TSLoml ACer 2g3'S/ Name Phone No. Address 'g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, perrnillee, and issuing dales. h. Signed consultant or agent authorization form, if applicable. 1. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-to), 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name - t:50> Ey Fieooks Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) SEP 0 5 2018 DCM-MHD CITY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet, Access Channel Other (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL) Breakwater shoreline Length ; AIYA stabilization Width _ 0Rr . Avg. Existing Depth Z Pz NA NA Final Project_ Depth — j� _ s t NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL In cubic yards. C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW = ❑S{cV ❑SB OWL one (ii) Describe the purpose of the excavation in these areas: - /Ileea (QQ 4IIJ4 2. DISPOSAL OFEXCAVATED MA ❑This section not applicable Type of material to be excavated. e� d. High -ground excavation in cubic yards. a. Location of disposal area. - b (W,A P!?n r o AVIOlr c. (I) Do you clai ide to disposal areal ❑Yes No ❑NA (it) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area Include any coastal wetlands/marsh (CW), submergedaquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑CW — ❑❑SB S _ OWL one (11) Describe the purpose of disposal in these areas: ❑This section not applicable disposal area. d. (I) Will a disp�[ area be available for future maintenance? ❑Yes [HNNo ❑NA (it) If yes, where? ' (1) Does the dis sal include any area in the water? ❑Yes I❑NA (II) If yes, how much water area is affected? Fcfzn TSCM MP-2 (Excavation and Fill, Page 2 of 2) RECEIVED 3. SHORELINE STABILIZATION his c((orljnSt18)cabre (If development is a wood groin, Use MP4, ;;Structures) a. Type of shoreline stabilization: b. Length: - M-MHD MTV ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of.NHW or NWL: e. Type of stabilization material: g. Number of square fesll4 Bulkhead backfill Breakwater/Sill _ I. Source of fill material. fill o be aced below water level. ftl P — Other f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (II) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. 4. OTHER FILL ACTIVITIES iKis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, . (it) Amount of material to be placed in the water _ (Ili) Dimensions of fill area (Iv) Purpose of fill i / T-A nuumeiyeu aqueoc voye,auuu tonvh a n,w,, v other wetlands.(WL)? If any boxes are checked, provide the number of square feet affected-. ❑CW ❑SAV CIS _ OWL []None (0) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? c. (1) Will navigational aids be required as a result of the project? ❑Yes [JNo ❑NA (II) If yes, explain what type a d h the MII be Implemented. Date Project Name d. (1) Will wetlands be crossed in transporting equipment to project site? []Yes []No ❑NA (il) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Applicant Name Applicant Signature VU n:ecn ---1::)eE0 NORTH CAROLINA, CARTERBT COUNTY Thy Metmfnenl and this re, as are duly filed at the data and June and In the Bock and Page shown 0o the just page harsyrol. r ry, a al s oait, R' of GaOa FU # 1021 FM REGISTRATION REGISTER OF MM i T. flRItas 4c tYat 16 CGun Y PAi9li�Nll i �i P4 :56 PM FEE: S25.00 KRMM FILE �515511219-M RECEIVED SEP 0 5 2018 DCM_MND CIry NORTH CAROLINA GENERAL WARRANTY DEED Excise Ten UM.00 Parcel Identifier No,F32507693963Verified by Catheter Countgft,the _ day of . 20_ rMaiVBox to: Wheatl_G. Wheasly. Weeks. Lypmn & M& sfe. 9iPA. P O Box 360. Beauio= NC 28516 This instrument was prepared by: C. R. Wheat. III _ Brief description for the Index: 115 Maxwell Drive I' TfUS DEED made this-La—rn day of August.2016,*and between GRANTOR GRANTEE I 'e Y Nancy Bakes and husband, George Reid Fuller 931 Harkers Island Road Beaufort, NC 28516 Josh All= Late and wife, Kristen Dmese Lane 10590 HWY 55 West Dover, NC 28526 Enter in appropriate block for each Grantor and Grier: name, mailing address, and, if approprjate, chancier of Entity, e.g. comwnticn or tarmershiu. The designation Grmmr and Grantee as used herein shell include said parties, their heirs, successors, and assigns, and shall include Singular, plursl, masculine, feminine or n=ar es required by contest WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey mm the Greatest in fee simple, all thatcert in lot or parcel of land situated in the Harkers Island Township, Carteret Comty, North Carolina and more particularly deambed sa E011ows Being all of LmTwentyTwo (22) Harken Point Subdivision, u the same appears on that platofmord in Map Book 29, Page 24, Castanet County Registry, reference to said map being made for greater certainty of description. P-td by Agme,nen with the NC Bar Alsai�ri 1 OOK 5'i PAGE 1 a\ Nt�CEIVED All or a portion of the property herein conveyed does include the primary, residence of a Grantor. 5 EP O The property heteinabove described was acquired by Grantor by iaetmment recorded in Book 997, Page 164. D 5 2018 A map showing the above described property is recorded in Plat Book 29, Page 21, Carof lttet County Registry. �M—MN TO HAVE AND TO HOLD the aforesaid lot or parcel oaud and all privileges and apputteoancea thereto belonging to the D C/Ty Grantee in fee simple. . And the Grantor covenants with the Grantee, that Grantor as seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and cleat of all mcumbnaces, and that Grantor will warrant and defmd the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duty executed the foregoing as of the day and year first above written leer (SEAL) Geor Reid Fuller State of NORTH CAROLINA County of CARTERET I, the undersigned Notary Public of thye��b�yjllW and personally appeared before me this day cP'u^s'l4 therein expresw& Witness my hand anal stamp of 8 Nolo My CoP'3� G mmixion E>p � 1 � �.1e (Aff¢Said) cgR RET- to aforesaid, certify that Nancy Baker and Gmtm Reid Puller due on of the forego ing u ng instnnent for the purposes this dayo 42016. LU_ otiuyPublic NC By Mwostion Pona No. ) ® 1976, Revved ® IMaO10 Priori by A®eemmt wish aw NC Bar Associnlicn RS0 0 p,P P[ G \ J 10/3012017 ConnectGIS Feature Report CONNECTGIS I \ Printed ctober 30, WEB HOSTING Fl, !•j See Be iV " Address Points • ice Parcels - Updated 10-18-2017 Centerlines NNCC Railroad Right of Way County Boundary 2988 Other County call othervalues> T .: Cart PIN Acreage s r F Parcel Dimensions Lot Number 4 �h WI&I AY 4 u momm $ 1 :: 44�--t information displayed by this website is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, r public records and data. Users of this information are hereby notified that the aforementioned public primary information sources should be consulted ication of the information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does antes that the data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services ss methods at will. 2018 CITY https://carteret.connectgis.com/DownloadF!le.ashx?i=_ags_map354l ll3ll6a8448b846aa3467lell24ex.htm&t=print 1/1 10/3012017 ConnectGIS Feature Report Y https://carteret.ronnectgis.com/Down load File.ashx?i=_ags_map8df5e79fef54428a9c354f9fd1 c8db5bx.htm&t=print 1/1 10/30/2017 Property Data I Carteret County Property Data Parcel Number: 732507683963000 Inquiry Date: 10/30/2017 DISCLAIMER: For confirmation of the number of buildings on each parcel, please contact the Carteret Coun m» CD Owner/Property Info Building Info SEP 0 5 21 Baths: Parcel Number: 732507683963000 2.5 Owner: LANE,JOSH ALLEN ETUX KRISTEN D Bedrooms: 3 CM-MH Physical Address 0000115 MAXWELL DR Condition: N/A D C�TV 1 r HARKERS ISLAND NC Exterior Walls 1: RES WOOD Mailing Address: 10590 HIGHWAY 55 WEST Exterior Walls 2: . DOVER NC 28526 Floor Finish 1: CARPET Legal Description: L22 HARKERS POINT Floor Finish 2: HARDWOOD Deed Book: 1551 Foundation 1: POST Deed Page: 121 Foundation 2: POST Plat Book: 0 Plat Page: 0 Sale Date: 20160817 Heat: HEATPUMP Sale Price: 410000 Roof Cover 1: COMP SHNGL Acreage: 0.408 Roof Cover 2: COMP SHNGL Land Value: $279,892.DD Roof Structure: GABLE Building Value: $173,408.D0 Square Footage: 2040 Extra Feature Value: $53,434.00 Year Built: 1998 Parcel Value: $506,734.00 Click Here for Advanced Cards Sketches Photos http://web3.mobile3l l.com/CarteretCard/defauft.aspx?PIN=732507683963000 r / I 10/30/2017 ConnectGIS Feature Report TOWNSHIP FIRE DISTRICT PDOT RECEIVE 8 HARKERS ISLAND FIRE 3963 CONDO NUMBER MOTHER PRID 0 SEP 0 5 , IPI7732I507683963000 DEED BOOK DCM_MHD LOANnE,,JEOSH ALLEN ETUX KRISTEN D CI' DEED PAGE CURRENT DEED DATE SALE PRICE 121 20160817 410000 LAND VALUE STRUCTURE VALUE OTHER VALUE 279892 173408 53434 YEAR CONDO BUILT MAILING ADDRESS HOUSE MAILING ADDRESS DIRECTION 0 NUMBER 10590 MAILING ADDRESS STREET HIGHWAY 55 WEST MAILING ADDRESS CITY MAILING ADDRESS STATE MAILING ADDRESS ZIP DOVER NC 28526 MAILING ADDRESS PO BOX CITY LIMIT NEIGHBORHOOD CODE 80011 RESCUE DISTRICT LEGAL DESCRIPTION TOTAL ACRES L22 HARKERS POINT 0,408 YEAR BUILT TOTAL SQUARE FEET ROLL TYPE 1998 2040 R BATHROOMS BEDROOMS HOUSE NUMBER (7 Digits) 2.5 3 0000115 STREET NAME STREET TYPE APT # MAXWELL DR CITY TOTAL VALUE PLAT BOOK HARKERS ISLAND 506734 0 PLAT PAGE District aicuz 0 8 http://tax.carteretcountygov.org/acuiz .asp? pid=732507683963000&riskl =&nois el= RISK LEVEL NOISE LEVEL OBJECTID 1 33472 e information displayed by this website is prepared for the inventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and other public records and data. Users of this information are hereby notified that the aforementioned public primary information sources should be consulted fo verification of the information contained on this site. Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does no guarantee that the data and map services will be available to users without interruption or error. Furthermore, Carteret County may modify or remove map services an __.. _._.r...w.......:n https://carteret.connectgis.com/DownloadF!le.ashx?i=_ags_mapb9l8c63ed83a4304bt>ea35el445246cdx.htm&t=printid 212 9/5/2018 data=Al BYz_X0gRotp836ZEzbl NIEgWKD9i50JJOhXfA9gO4rTNXrAsRVWKsgKFz-yGeEct7ubYZgyrJnXya7vrgJkKc95w3yvq84uOTSD2. ache/ Carson Estuarine Reserve Dedicated... Back Mechancal s3 Harvesting of Oysters.. Back Sound Outstanding Resource Water AIL VI UJ Mechanical Harvesting of Oysters... RECEIVED SEP 0 5 2018 DCM_AyHD C17.y Map data 02018 Google Jo6A 44 a qn ec PA e_ / o-P 3 POe : 9- s 18 No S�aLe pa;rw; B https:/Avww.google.00m/maps/vt/data=Al BYz_X09Rotp836ZEzbl NI EgWKD9i5OJJOhXfA9gG4rTNXrAsRV WKsgKFz-yGeEct7ubYZgyrJnXya7vrgJkKc... 1/1 I HALL TRACT \v/ �a LANCASTER TRACT M,q,� < David H, & (60 t9 Shelia McKAY TRACT Cp �STgf 20 lAcAellz M r aL cF NORRS/y aq (ACT /iS�f�R J�Sff I� LAN\ M � q f H/pN 21 � TRACT Wq rER • 22 .L MARSH TENT —0.3: TNe.t ,80.yek +=0.6 —0.3aGt` .0 A —0.2 ////% // a r _ .. -0.4 / �Xl,�ifNJ,/' 2 Bcn1.Cr. //o l —0.1 / + 2. �oa�ldSas��✓pRygf 0.0 +-2.2 A b�U•`iQ't� V / —0.30 Rpoks c / +-2.2 -c RF // —2. 1 DEPTHS INDICATED +-0.2 —4.6 / +-6,4 o 0.0 1) r14 /3 L.AiY- ncc}acT •rp e� 2 CW J s /S O- RECEIVED 0 - 1 .8 zo - 6.1 SEP 05 2018 ..�' DCM-MHO CITY HALL TRACT �s LANCASTER TRACT Mq,� �0 David H, & /V I F 'g Shelia McKAY TRACT i po �ST�4 20 4AL 4 AcAette- ' M�Rsy ACT �s�rR �St�f t4 .NOR a���� y/py \j 21 TRACT • W,q reR �YL . . • O .L MARSH TENT : ' � TNtt' • -0.3. + 0.6 -0,3A� r A we —0.4 j/ �xFS�rN�2. 8ca g. .•�Ok}�' �asrrv,' +; 2. 8.�irN R�q� 0.0 +-2.2a �,�t,4 27 —2.0 (p� p ' '+ - 2.0 ��• / hrr�r�� �TF C k s % +-2.2 p S C/�� 'C, ;/ -2.1 DEPTHS INDICATED +-2.6 -4.6 +-6.4 0 0.0 F n z Jo�f-� t� Laly¢ c eeT _ PAAWINgs 8 B m v R 0- m n � v zo RECEIVED-6.1 SEP052018 OCM-MHp CITY RECEIVED JAN 2 4 2019 DCM-MHD CITY