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HomeMy WebLinkAbout50-18 Lowery, JefferyPermit Class NEW Permit Number 50-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Jeffery Lowery, PO Box 302, Kenansville, NC 28349 Authorizing development in Onlsow County at Hobart Justice Canal, at 124 Bell Pointe Road, Sneads Ferry as requested in the permittee's application dated 7/17/17(MP-1) and 1/14/18 (MP-4), including attached workplan drawings (2), both dated 11/13/17. This permit, issued on May 21, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) " This permit authorizes only the boat house construction over two existing slips, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this modified docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure. in order to make it more visible during hours of darkness or inclement weather. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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, 2021 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Dan Kugler Permit No. 50-18 Page 2 of 2 ADDITIONAL CONDITIONS 3) This permit does not authorize any new formalized boat slips. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. 6) The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 7) Should the adjacent property to the east be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15-foot riparian corridor. E 9) 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. General 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. 10) 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. 11) 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 has assigned the proposed project Action ID SAW-2018- 00410. NOTE: The N.C. Division of Water Resources assigned the project DWR Project No. 2018-0280. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. Coastal Management ENVIRONMENTAL QUALITY May 24, 2018 Jeffery Lowery PO Box 302 Kenansville, NC 28349 Dear Mr. Lowery: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director S 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 150B 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 f� I - - /,' / 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 1400 Commerce Avenue I Morehead aty. NC 28557 2528082808 Coastal Management ENVIRONMENTAL QUALITY April 25, 2018 Mr. Jeffery Lowery PO Box 302 Kenansville, NC 28349 Dear Mr. Lowery: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter is with reference to your application for a Coastal Area Management Act Major Development permit to undertake development activities at property adjacent to Stump Sound, at 124 Bell Point Road, in Sneads Ferry, Onslow County. 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 July 12, 2018, 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, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, Heather Coats Assistant Major Permits Coordinator cc: Wilmington Files MHC Files State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2a405 9107%7215 RECEIVED MAY 012018 DCM-MHD CITY MN� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 26403-1343 November 27, 2018 Regulatory Division Action ID No. SAW-2018-00410 and State Permit No. 50-18 Mr. Jeffery Lowery Post Office Box 302 Kernersville, North Carolina 28349 Dear Mr. Lowery: Reference your application for a Department of the Army permit to construct a boathouse over an existing docking facility in waters adjacent to Hobart Justice Canal, at 124 Bell Pointe Lane in Snead's Ferry, Onslow 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 construction 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 RECEIVED DEC 0 4 2018 RECEIVED NOV 2 7 2018 DCM-MHD CITY DCM WILMINGTON, NC -2- Enclosures: Plans . CAMA permit GP 291 permit Manatee Guidelines Electronic Copies Furnished (with enclosures): Mr. Jerry Ennett; Ennett Marine Construction Electronic Copies Furnished (without enclosures): Mr. Fritz Rohde; NMFS-HCD Mr. 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. Gregg Bodnar; NCDEQ-DCM 0- NCO EPA APPLICATION for Major Development Permit (last nwhbod 1121271011) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (d appkaue) =VEL Applicant 1: First NaW er MI ,✓oNe Last Name L Wfe D 2018 Applicant 2. First Name MI Last Name AvItID C/7- I d Uadlionat applicants, please attach an additional page(s) wifh names listed. Mailing Address Sa1C PO Bar I go coy Ale,"Asr.,Mt all" Alit, ZIP q9 cgnYy 1 46 Phone No. as,- 4AV- 6776 WIL FAX No. - - Sbed Address (d different from above) !'�' !s4 Bcll �/- Gly Stall �hea� � ZIP anyBum I Arn tractor 1 anon Business tM• M00 1hJ2 C v-,aA kJ-fc%i Agenll Contractor 1: Fast Name .� MI ig Last Name C 1 4 hhYv -lA- Agent/ Contractor 2: First Name MI Lad Name Mailing Address 2 S1 End Lan PO Box City 5".eads rxr State jv C ZIP 0 2W I Plane No. 1 - - ex< Phone No. 2 ex. FAX No. Contractor ft Strad Mdress (d different 6om above) I City Sale 2P q*otm condnum on bao1D RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net FEB 0 2 2018 Fonn DCM MP-1 (Page 2 of 4) APPLICATION for 6`�✓ Major Development Permit 3. Project Location Canty (rat be rrslfple) Street Address State Rd. # C*%51vu., t5AA1 Pf �"i Pk CRY ,ems (: vA ".e. � a P4 6 0 Phone No. Lot No.(s) (if many, attach additional page with list) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project r(<w vjex- c. Is the water body identified in (b) above, natural or manmade? [INatural warmade ❑Unknown d. No to dossat nhajortt Meo body to the proposed te d project a. TGW JU 34 C e CSi�'j Nlaoe e. Is proposed work within city limits or planning jurisdiction? L If eppitahb, fat ire plalsirg junsoliction or city f * ire proposed )�fl'es []No 1l� work Gfs elfin. ICI S r U L,) 60U,4 4. Site Descripdon a. Total length of shoreline on the tract (t.) f /35 b. Size of entire trad (sq.ft.) f/- (3, oLJO C. Sae of kh6vidual lot(s) cZ p /IC to a { ' d. Approximate elevation of tract above NHW (normal high water) or (Nntaty lot please attach additional page wilt a list) NWL (normal water level) .-+�,! ❑[�ONHW or WL 1,0 - e. Vegetation on had P/Gra ss., FEB 2 ] 2018 DCM_ Win r� f. Man-made features and uses now on bad I4&,&Se , s t t-a ) cmccl 3oc�k 6 as � vi g. Identify and describe the existing land uses adiacent to the site. r as / •nos yr r� s, ks,dM94C?/ ind.'t�d h. How does local gwermterd zonetract? i. Is the proposed project consistent with the applicable zoning? .7 rl (� (A�ma/ch zoning compliance certificate, it applicable) ❑NA LyYes ❑No j. Is the proposed so" pan of an urban waterfront redevelopment proposal? Dyes k. Has a professional archaeological assessment been done for the tractli t yes, attadn a copy. ❑yes ❑No i`0 - r If yes, by wham? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑yes Rk DNA National Register listed or eligible properly! <Form continues on next page> RECEIVED DCM WILMIINGTON, NC 252-808-2808 :: 1-888.4RCOAST :: v. nccoa sta lman agement. net FEB 022018 Form DCM MP-1 (Page 3 of 4) APPLICATION for \3/ Major Development Permit in. (I) Are there wetlands on the site? ❑Yes [ (No (ii) Are there coastal wetlands on the site? ❑Yes �fNo //❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes (Attach documentation,'if/avat n. Describe extsfiN wastewater llab�el[e))tfacilities. / ���iLO f i`I'r.. � ✓t ! �f�/ RECEI �E® FEb 21 o. Describe existing drinking water supply source. D CM` M s OU'l k /-, p. Describe existing storm water or treatm�e,(n.t_itsysts". 'yc"�7� „j On 5. Activities and Impacts a. Will the project be for I, pudic, o ate use? ❑Commercial ❑Prbir/Govetnment can b. Give a brief description of purpose, use, and daily operations of the project when complete. AU-4-5S Q&4!)u4-S ) prAexA- Qoa4-5 . 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. t7h^S I 1 8►'�y� , s krd (oo�eler or,.� (�'-.etr.�,e.i etas ��-i rot -Yoo1 5 d. List all development activities you propose. FTRo(,-p ov-elr a bOOf' GJ(iS e. Are the proposed activities maintenance of an existing project new work or both? f. What is the approximate total disturbed land area resulting from the proposed project? 729 19tq.Ft or ❑Acres g. Will the proposed project encroach on any pudic easement, public accessway or other area ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes DNA 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 MC DNA O yes, attach a mitigation proposal. <Form continues on bacb RECEIVED DCM WILMINGTON, NC 252-808.2808 RCOAST :, www.nccoastatmanagement.net FEB 02 2018 Form DCM MP-1 (Page 4 of 4) APPLICATION for vfv Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package fo be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booldet on how to property prepare the required items below. a. A project narrative, b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawniskfo "ish between wok completed and c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. 21 2 d. A copy tithe deed (with state application only) or other instrument under which the applicant claims properties. e. The appropriate application fee. Check or money order made payable to DENR. 0 f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed realm receipts as proof that 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 G vi' % -it P e , � �G2G.l Phone No. 910 ?9a a.?ll Address is g 16 Name Phone No. Address Name Phone No. g. A rest of previous state or federal permit bared for work on the project tract- Include permit numbers, pemti0ee, and issuing dates. Str�,Ay 0eh2? l I°e fir), h. Signed eonsWtant or agent aWnortredon form, if applicable. N i. Wetland delineation, if necessary. N19 — j. A signed AEC hazard notice fo' projects in oceanfront and WM areas. (Must be signed byproperly owner) N k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if rxxossary. B the project involves expenditure n of public ce th ic funds or use of public lards, attach a statement documenting complianwith e North Carolina Environmental Policy Act. A, H I understand that any permit issued in response to this application will allow only th 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 7h7l )1) f 7 Print Name _ e tT 'e r-/ 40 (-J try Signature Please indicate application attachments pertaining to yo proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED DCM WILMINGTON, NC �5 4 qq 7��� 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net I C M Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable /N 0 (1) Is the docking facility/marina: b. (1) Will the facility be open to the general public? []Commercial ❑Public/Government ❑Private/Community []Yes []No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes []No (ii) Number (iii) Length If yes: (ii) Number WI ,r� J (iv) Width (iii) Length 6q (v) Floating ❑Yes []No (iv) Width FEB 2 (v) Floating []Yes ❑No e. (i) Are Platforms included? []Yes ONO f. (i) Are Boatlifts included? L94U wom ) If yes: If yes: (ii) Number (ii) Number — (iii) Length (III) Length — (iv) Width (iv) Width — (v) Floating []Yes ❑No Note: Roofed areas are calculated from ddplin# dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies — ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: — ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel — ❑Open water; no dredging required [-]Other; please describe: P F C E r V E JAN 18 2018 k. Typical boat length: — I. (i) Will the facility be open to the general public? DCM WILMINGTON, NC ❑Yes ❑No m. (i) Will the facility have tie pilings? []Yes []No (h) If yes number of tie pilings? RECEIVED DCM WILMINGTON, NIC 252.808-2808 :: 1-8884RCOAST :: www.necoaStalmanageme__nt.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 0 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. FEB [� 21 2018 � C. Describe the disposal of solid waste, fish offal and trash. CI�{e ` d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently proviE C E I y E m. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED ❑Yes ❑No DCIV1, WILMINGTON, N(bCM WILMINGTON, NC FEB 0 2 2018 252-808.2808 :: 1-888-4RCOAST c vvvvvv.nccoastalma nag ement.n_et revised: 12/27/06 Form DCM 'MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. /1 ❑CW ❑SAV ❑SB ECEIVED OWL ❑None EB p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No ', 1 2018 If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ❑This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government E/Private/Community (ii) Number I _t r (iii) Length -J .�r 28 (iv) Width-A-�I'lo t a919d Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (eig., wood, sheetpile, etc.) ❑This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands •tid 6. MOORING PILINGS and BUOYS ❑This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑PublictGovernment ❑Private/Community o. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing RECEI"I 7. GENERAL JAN 18 2018 RECEIVED DCM WILMINGTON, NC (�CIUI WIGNII�GTON, NC FEB 0 2 2018 252-806-2608 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM'MP-4*(Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. / ..,,3'Ed va Gda�l �' 0 '1�e h4 a ,',yafi'Y A0d m � ' >/o fa'�yQ l,0006 s a oG k Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body e. (i) Will navigational aids be required as a result of the project? ❑Yes @11(lo ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at.6B or NWL FEB 21 1018 CC14` A4HD kn;, & OTHER [I This section not applicable a. Give complete description: Date /c{�p'y tow e✓/ Project Name Applicant Name App7i( naXre JAN 1 � 2018 C RECEIVED octA WI�,MING1�tk DCM WILMINGTON, NC 252.808-2808 :: 1-888-4RCOAST :: www."ccoastaimanagement.net revised: 12/27/06 Lu 9' v ,,L U Lu m � irl i i�wry SerGkS� 13,W p F t2C) t aq 13at1 pj- Ro 5ra#..ds 4;4.rr4 If(13(17 I Pc V- I c# 2 z oo ll o I ♦%o u,Z aq LUof o I y cn U 1-�- I� n ' cd WO 34" New (W '77' a*,o fro used RcoF — �k L_WD 5� w� 4Z RooF '1'4 T or I rll E Me w 0 i'►�`" y1 Si-,p Qx4ohf.CTI I \ �� 10-" efr-uCre.S Sec+�:c�r .fir I t4 Boll �-i7 tlf 13�17' CZD IU. N W Z7 4; YY�Qia ( Gr ,Sk,-11k Rcvlej cob (Qs RECEIVED NOV 13 2017 DM WILMINGTON,, NC c Of- Pcvq¢ 2 or 2 U z z. wo a N } o w U 0 1� t �o W. �b fl. , 44 ' —a a \1( r `ff" •61e ).X/Z 54*o' s M To whom it may concern, My name is Jeffery Lowery. I would like to request a permit to build a 728 sq. ft. roof to cover my 2 boat lifts located at my residence of 124 Bell Point Road, Sneads Ferry, North Carolina. Sincerely, Jeffery Lowery June 30, 2017 RECEIVED FEB 21 2018 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC FEB 0 2 2018 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Jeffrey Lowery RECR/VEFD O FEB 2 12018 cM, MND Cil y 2. LOCATION OF PROJECT SITE: 124 Bell Pointe Road, Sneads Ferry, Onslow, County. Photo Index — 2006: 29-6572, S- 18 Lat:34°32'31.98"N Long: 77°2l'50.79"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/6/18 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received: 2/2/18, Complete — 2/12/18 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - None (F) Type of Structures: Existing — SFR, bulkhead and docking facility Planned — boat house (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGE FILL OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 812 sq. ft. (incorporated) (C) Other — High ground (D) Total Area Disturbed: 700 sq. ft. (0.0lacres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to install a boat house over two existing boat lifts. Jeffrey Lowery Page 2 9. PROJECT DESCRIPTION: REC�eeVeD D FEB 2 12018 CM, MHD CITY The project site is located at 124 Bell Pointe Road, in Sneads Ferry, NC. The high ground property is adjacent to a man-made canal (Hobart Justice Canal) which connects to the waters of Chadwick Bay in Sneads Ferry, Onslow County. To get to the site from Wilmington, take NC Highway 17 north toward Jacksonville. Turn right onto NC Highway 172 (approximately 28 miles from Wilmington) and continue approximately 5.9 miles. Turn right onto Sneads Ferry Road and travel approximately 2.25 miles. Turn right onto Bell Pointe Road and the subject property will be located along the right-hand side of the road at house number 124. The project site is located adjacent to a man-made canal that dead ends approximately 500 feet from the applicant's property. Currently, the applicant maintains approximately 135 linear feet of shoreline along the man-made canal. Elevations at the site range from 8'-10' above normal high water (NHW) and water depths average approximately -3.0' deep, relative to Normal Low Water (NLW). The property is bordered by residential properties to the north, east and south, and by Hobart Justice canal to the west. High ground vegetation on the site consists of mature Live Oak, lawn grasses and ornamentals. There are no wetlands ("404" type or Coastal Wetlands) bordering the property and the entire shoreline is stabilized via a vinyl bulkhead. On 6/05/18, CAMA General Permit No. 69176-D was issued, authorizing a new high ground boat basin (approx. 28' x 29' x -3.0', NLW), vinyl bulkhead and docking facility (including two boatlifts and an access pier). The authorized work has since been completed and now the applicant is requesting authorization to install a boat house over the existing boatlifts. The Onslow Land Use Plan classifies the upland areas of this project as conservation. The waters of the project site are classified as SA by the NC Division of Water Resources. The NC Division of Marine Fisheries DOES NOT designate this area of Chadwick Bay as a Primary Nursery Area, and the waters adjacent to the proposed project are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant proposes to install a new boat house over two existing slips. As previously indicated, the applicant obtained authorization to create a new 28' x 29' boat basin from high ground, located along the property's western shoreline. The boat basin cuts into the high ground approximately 27'-28' from the outer edge of the bulkhead bordering the canal, and the width of the boat basin measures approximately 29' along the eastern edge. Within the boat basin rest two 12' x 12' boatlifts and a 3' x 15' fixed finger pier (centrally located between the two lifts). A 3' x 48' access pier is also located on the property, running parallel to the shoreline, along the outer edge of the existing bulkhead, within the canal. As designed, the proposed 28' x 29' boat house would be located within the confines of the existing basin, with no proposed coverage over high ground (i.e. drip edge would stop at the normal high waterline, or face of bulkhead). The boat house would; however, extend approximately 6' into the canal, which measured approximately 58' in width (bulkhead to bulkhead). The number of slips under this permit request would not change and would remain at two. W 075 Jeffrey Lowery Page 3 FEE 2 p p18 10. ANTICIPATED IWACTS ')CAI- MHD The proposed boathouse would result in the shading and incorporation of approximately 812 sq. ft. ofCl% Y public trust and estuarine waters. According to the application this development is essentially within an area currently usurped by the existing docking facility. As proposed, the applicant's design would encroach within the adjacent 15' Riparian Corridor Setback Areas shared with Ms. Edna Work, but would not be located within the 15' Riparian Corridor Setback of Mr. Jackson. The applicant has obtained an "initialed" waiver from Ms. Work allowing the encroachment. In addition, the proposed development would be located within Y. of the width of the water body, as well as the existing pier -head alignment. Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: 2/16/18 Office: Wilmington Coastal Management ENVIRONMENTAL. QUALITY January 19, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Jeffrey Lowery / Onslow Co. • The Bonanza Group / Brunswick Co. TV ROY COOPER Gommor MICHAEL. S. REGAN Secretary BRAXTON DAVIS Director RECEIVED FEB 21 2018 DCM- MHD DITy Hello Angie: Please publish the attached Notice in the Wednesday, February 21, 2018 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - W iRO Doug Huggett - MHC Liz Hair - USACE Sarah Young- DCM Sincerely, _ Shaun K. Simpson/ Permitting Support & Customer Assistance State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT RECE.'JVE® FE& � 1 2018 DCNr- MND CrTY The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern designated under the LAMA: On February 12, 2018, Jeffrey Lowery proposed to install a boathouse at 124 Bell Pointe Rd., adjacent to Hobart Justice Canal, in Sneads Ferry, Onslow County, and on February 13, 2018, The Bonanza Group proposed to remove an existing docking facility and construct a new commercial docking facility with associated excavation at 21 Causeway Dr., adjacent to a man-made canal in Ocean Isle Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Jason Dail (ON Co) or Sean Farrell (BR Co), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 14, 2018 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 these matters will be provided upon written request. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY February 16, 2018 Jeffrey Lowery PO Box 302 Kenansville, NC 28349 Dear Mr. Lowery: ROY COOPER povemar MICHAEL S. REGAN Secretary BRAXTON DAVIS Umrctar RECEIVED FEB 21 2018 DCM- MHD CITY The Division of Coastal Management hereby acknowledges that on February 12, 2018, we received your application requesting State approval for development of property located at 124 Bell Point Road, adjacent to Hobart Justice Canal and Chadwick Bay, in Sneads Ferry, Onslow County. The projected deadline for making a decision on your permit application is April 28, 2018. 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 February 12, 2018, 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. erely, as n A. ail Field Representative cc: WiRD—file /Zar✓!-mHe- Heather Coats, DCM- MHC Liz Hair, USACE Robb Mairs, DWR State of North Carolina I Environmental Quality I Coastal Manegemmt 127 Cardinal Dtiw Ext., Wilmington, NC 28405 919 7967215 b4t, LU LU N U m NOTI(014176A � W � ' AMA PERMIT APPLIED FOR To install a boat house over two ., ow c;oun COMMENTS ACCEPTED THROUGHMarch 14, 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 NC Div. of Coastal Management 127 Cardinal Or. F-xt. Wilmingten� NC 28405 Jason Dail, Field Representative 910-796-7221 34.542228,-77.364096 1 Instant Street View Page 1 of 1 M. Home (0 About 34.542228,-77.364096 t 41ell Pointe Road, Sneads Ferry, NC, United States F Hdt i-n � --cs dlne Ln n y a t 2 a Angels Cove Subdivision. O s m InsiabYrtipogle Earth (http://w .satdrops.com) I (ht1p4Wtp4WR FEk 2 j ZDiB DCM(�fl� - MHD p{ �r1�y o'r 4'n cirY mChristina's Healty I+. Line'Herbalife Store f Srron Point Pi o O� V' ,p New Rive arina n 'dayshore Marina t em u� UU Swan Part C;`d� Ruses Paint RECEIVED DCM WILMINGfON, NC FEB 0 2 2019 (hdPs://maps.9uo9�°4r{r6b4>ii-U52�$4`44$e"6b+I3'kss`�!'A"4Fd�ld�l'a'989P�P-93�ba64/P�aY�I�ff� miA`°4PfeinSw"dJJ�d'�a�b#a�nUa http://www.instantstreetview.com/@34.542228,-77.364096,16z,lt 6/28/2017 Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail @ncdenr.gov 'Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse 90 that we can return the card to you. ■ Attach this card to the back of the mailplece, J02 y) D /I9//&W CrvJs l/als A you � o��Ys� tiGd�say IllilllllllllllllllllllllllIIIIIIIIIIIII IIIIII 9590 9402 2715 6351 2931 81 -�� -bjru 0002 3643 9912 P3 Form 3811, July 2015 PSN 7530.02-000-9053 ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if soace nermits. i j,�sno �y /1/G a76j IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII 9590 9402 2715 6351 2931 98 7016 1370 0002 3643 9929 Ps Form 3811, July 2015 PSN 7530-02.000.9053 RECEIVED FEB 21 2m DCM- MHD CITY V' Page i of ms Type: CONSOLIDATED REAL PROPERTY Recorded: 1/13/2017 1:24:35 PNI Fee Amt: $596.00 Page 1 of 4 Revenue Tax: $570.00 Onslow County, NC Rebecca L. Pollard Reg. of Deeds BK 4564 PG 396 - 399 NORTH CAROLINA GENERAL, WARRANTY DEED Excise Twu $570.00 Tax Lot No: Parcel Identifier No: 011950 by Comity on the _ day of 20_ by — File: Mail a&r recording to: Jeffery Lowery P.O. Box 302 Kenansville, NC 28349 This instrument was prepared by Glean O'Keith Fisher Attorney at Law Brief Description for the index: SR 1523 Stump Sound Township THIS DEED made January 4, 2016 by and between GRANTOR GEORGE STEVEN WEBB, JR., Trustee of the GEORGE STEVEN WEBB, JR. REVOCABLE TRUST a/a/d November 13, 2015 and SARAH BOULDIN WEBB, Trustee of the SARAN BOULDIN WEBB REVOCABLE TRUST g/a/d November 13, 2015 GRANTEE JEFFERY LOWERY, Unmarried 124 Bell Pointe, Sneads Ferry, NC 28460 CEJ Vie® DC FEB 212018 CA4_ P41.11) CITY The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WTI'NESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of lend situated in Stump Sound Township Township, Onslow County, North Carolina and more particularly described as follows: Being all of that Exhibit A attached hereto and incorporated herewith as if fully set forth. SUBJECT to any and all Restrictions and Easements of record. This property _W-Kis not a conveyance of the Grantor's primary residence. r � V RECEIVED DCM WILMINGTON, NC N.C. Bars. Form No. re larr FEB 022018 "N bygmrml ..H me N.C. BN'aamc as submitted electronically by "Glenn O'Kel th Fisher, Attorney at LdW" in compliance with North Carolina statutes Pt�gr�i�ng,FW ryWy�1 dpµ�g�9n and the terms of the submitter agreement wiLP@I6batbNa:aF`NC1fud,BfgiS¢e4freatdds396 Seq: 1 Page 2 of a The property hereinabove described was acquired by Grantor by instrument recorded in Book 4383, Page 291, Onslow Count, Registry. A maps showing the above described property is recorded in Map Book 27, Page 162, Onslow, County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Liens for taxes, assessments and other governmental charges that are not yet due ^� and payable at the time of closing; 2. All easements, rights of way and other similar encumbrances of record; 1 i� 3. Reservation of oil, gas, mineral or other subsurface rights of record, if any; !s° 4. The provisions of all applicable zoning and land use ordinances, statutes and regulations; FEs 2 5. Any exceptions listed after the description. D(� A - I 2018 IN SS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this von&,#L, m be signed in its corporate name by its duly authorized officers and its seal m be hereunto affixed by authority of its e 7AD 9 Board of Directors, the day and year first above written. / %Y (SEAL) GEORGF. STEVEN WEBB, JR., Trustee of GEORGE STEVEN WEBB, JR. REVOCABLE TRUST tt/eld November 13, 2015 !}stne-�✓.,pn�ur..✓ W/�/'d"'� (SEAL) SARAH BOULDIN WEBB, Trustee of SARAH BOULDIN WEBB REVOCABLE TRUST u/a/d November 13, 2015 AMP STATF.OF: �C,.MI R COUNTY OF: Q y1S) OL-) venom M. Fry, �",� 1 certify that the following pens) personally appeared before ma this day, each acknowledging to h9 me that he or she voluntarily signed the foregoing document for the purpose stated thereto and in the V Public capacity indicated: GEORGE STEVEN WEB, JR., Trustee of the George Steven Webb v County = Revocable Trust u/s!d November 13, 2015 Iralon Explresii I r l 3- 1 / V m 9raoty Date: O�'\oP�`•` Notary Public :AR AMISOMy commission expires: / AT ( r aaaaaaaaaa Y l SEAL -STAMP C TAMP STATE OF: COUNTY OF: I) h S �D 4✓ I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose slated therein and in the capacity indicated: SARAH BOULDIN WEBB, Trustee of the Sarah B�ouuldin Webb Revocable Trust o/a/d November 13, 2015 Date: -n " "y-t�l[✓ Notary Public My commission expires: '1 /011/ r RECEIVED N.C. aarAawc. Form No. r • 1877 DCM W I LMINGTON, NC Prl1 MPpe ago ea N.C. arN , *W FEB 0 2 2018 Book: 4564 Page, 1977-Current: 396 Seq: 2 Page 3 of 4 EMBIT A 0 d and isn rrpa2hssCm. a�ee�s 84 fE piP�z�aterasd apd begs ak ,far � id S i�8� Af ?+ ?mfiixU l�pr'tafl'>f 621, k$'fe t a&(a tueA'�12 & I o svid Fpias rmadfr0m4ts;utierseaka Zf tfro eCaf*)Bje C.NM'15135 VOrt a 43 saes 44 ut xf lCes w6 3 t 14J She duc_e'stf`�: wo i - tTfence Nka 43� $$ fHitltitfk Est YSJ S W * 3 'Ap IpAww masteem edge i t th a eLri$ d z11 #fie e."thpwcfa,m eii, aa5&cirm k f5tltAIs--awW VOL Muum V tBst:T*1S iwt to til t _ 4 d e i wo lk a t Cite tp o lroo st "U=afbe �dvxY�c, a8. ttiinttd >k 9.p�ge'9;. :Y9�i�staw LVi43[4§ u RRcRiVR F�zl ?018 RECEIVED DCM WILMINGTON, NC FEB 0 2 2018 Book: 4564 Page, 1977-Current: 396 Seq: 3 Page 4 of 4 DEPARTMENT OF TAX ADMINISTRATION Tax Certification Form (Check One Box) This certifies that there are no delinquent ad valorem taxes, or other taxes which the Onslow County Tax Collector is charged with collecting, that are a lien on: Parcel Identification Number: 011950 - GRANTEE: LOWERY, JEFFERY This is not a certification that this Onslow County Parcel Identification Number matches the deed description. RFcpr Fg Cd9 2 4011p,8 My O C� No certification required, as attorney statement that any delinquent TY taxes will be paid from closing proceeds is included on first page of deed. Balance due on account. It must be paid to Onslow, County Tax Collector within .5 days of closing. Pam McAte9TO, :,.,,,,,,,, 2. Tax Collections Staff Signature 01/13/2017 Date This parcel may have deferred taxes which become due upon transfer of the property. Call the Tax Office, Land Records Division at 910-989-2204 for more information. 234 NW Corridor Blvd • Jacksonville, North Carolina • 28540 • Phnne: (910) 989-2200 • Fax: (910) 989-5818 • Onslo vCounryNGgovftax RECEIVED DCM WILMINGTON, NC FEB 0 2 2018 Book: 4564 Page, 1977-Current: 396 Seq: 4 NORTH CAROLINA ONSLOW COUNTY ACKNOWLEDGMFN'I' I hereby acknowledge that I am purchasing certain property located in Onslow County, North Carolina without my spouse. I understand and acknowledge that I am aware that in the State of North Carolina, if I sell or refinance the property my spouse will be required to execute certain documents to complete the sale or refinance unless we are divorced or have a separation agreement regarding said property in effect at the time. I further understand that the title insurance company will not insure any issues which arise out of the fact that my spouse failed to execute certain documents at closing, the title insurance company will only insure the lender against any problems arising from the fact that he or she did not execute said documents. This the day of January, 2017. 0-4—(SEAL) OF�C�®VF Fg O O 21 ?418 C4,j ky0 C'TY RECEIVED DCM WILMINGTON, NC FEB 0 2 2018 Dail, Jason From: Dail, Jason Sent: Monday, November 27, 2017 10:03 AM To: 'loweryj08@yahoo.com' Subject: CAMA Major Permit application Attachments: mp_4p.doc; Riparian.Waiver form CERTIFIED MAIL 2012.doc Good morning Jeff, hope you're doing well. I received your CAMA major permit application package and wanted to follow up on the status. Currently, there are a few deficiencies that require attention prior to processing. I am returning the complete application package so once you have received the information requested below, please resubmit all of the paperwork back to me. RE: INCOMPLETE APPLICATION —Jeff Lowery —ADDITIONAL INFORMATION REQUIRED �� � APPLICATION NUMBER —TBD PROJECT ADDRESS — 124 Bell Point Road, Sneads Ferry, NC 28460 � e Dear Mr. Lowery: oCq F�B21 2018� The Division of Coastal Management's Wilmington Regional office received a CAMA Major Pe'rm`itti n from you on November 22, 2017, requesting approval for development activities at the project address. In reviewin 4v application, we have discovered that additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: 1) Please complete the attached MP-4 form for the boat house. 2) Please provide the signed certified mail receipts (green cards) documenting the adjacent riparian property owners were notified of your proposal. This is required by Law. 3) Please be advised your proposal will require an initialed waiver from Ms. Edna Work (adjacent riparian property owner). Based on the information you provided as part of the CAMA major permit application, the waiver Ms. Work signed in May 2017, only waived a "slip finger pier and 2 boatlifts". Ms. Work will need to waive the 15' riparian corridor setback again for the proposed boat house. A waiver form is attached for your completion. You may send the requested information to me direct at the below address. In accordance with the Department of Environment and Natural Resources regulations, we note that the partial application, as submitted on November 22, 2017, is incomplete for processing. Upon resubmission of a complete application, a local decision will be made in 150 days, provided this period is not extended as provided by law. Please contact me at 910-796-7221 if you have any questions. Take care, jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management RECEIVED 127 Cardinal Drive Ext. DCM WILMINGTON, NO FEB 0 2 2018 MC Division of Coastal Management Major Permit Application Computer Sheet AEC Stump Sound IAIWW Fee:$250 #1042 CDAITS MHC cc Applicant.Jeffery Lowery JIM Agent/Contractor: Project Site County Onslow Staff: Jason Dail A I District: Wilmington Project Name: Lowery Boathouse Rover File: n1a River B Initial date of application submittal: 2-2-18 Dateapplication'received as complete' in the Field office: i I k/M -------------- ---------- ------- Ea Permit Authorization: SITE - 0 1 E I SCRIPTIONIPERMIT INFORMATION IvIrIL) C17-Y - -T P 0- 0 P� ORW: C]Yes o NA, L❑Yes i No PhotosTaken: Yes N40 YasNo Setback Required (riparian 7 ----- F77� 0 ained.4??es [:]No Critical Habitat: - Not Sure 15 foot waive! opt I Hazard Notification Returned: DYes IVNo iViiIi ke i i -'T SAV: DYes 51 o DNot Sure 1 Shell Bottom: ___jYes No D Not Temporary Impacts DYes No Sure Sandbags: Ely - No❑ Not Sure— Did the land use classifican come from LUP: DYes No MitigatioQ �equired (optional): Dyes J�![No county Moratorium Conditions. Environrillantal Assessment Done: DYesMo DNA 4 Legth�af Shoreline DYesNo DNA 4 — FT. : Projectscription (code) i t- lionjlle Development Area: (code))- Ope 7-Closed P SECONDARY-WACfER CLASSIFICATION - OPTIONAL (choose MAX of 4) - —�Future--Water Supply ----- ly (FWS) D Nutrient -Se—ns-it-iveWa--- Waters (NSW} 0 Swamp Waters (SW) *High Quality Waters (HQW) 0 Outstanding Resource Waters (ORM WETLANDSIMPACTED 0 (404) Corp. of Engineers (Jurisdictional 0 (LS) Sea lavender (Limoniurn sp,) 0 (SS) Glasswort (Salicornia sp) wetlands) D (CJ) Saw grass (Cladium jamaicens­e)---- D(S;k) -Salt marsh cordgrass (Spartina -0 —(SY)Salt reed grass (Spartina i alterniflora) cynosuroides) D (DS) Salt or spike grass ichlis D (SC) Bullrush or three square (Scirpus Cattail (Typha sp.) spicata) sp ----- D (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina --- ---- roemenanus) patens) APPLICATION FEE Nofeerequired I (A) Private w/ D&F up to 1 acre 3490 El III(D) Priv public or comm w/ D&F to 1 - re q- u-- $0 00 can be applied - $250 acre, 3490 can't be applied - $400 M Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 I more than 1 acre - $475 — - - ------ ----- . .... .. - ❑ Permit Transfer - $100 fl (8) Public or commercial wl D&F to 1 D Express Permit - $2000 acre, 3490 can be applied - $400 �—❑r7 '- 0— - -- Major development extension request ---- -- - -- LJ 11. Public or commercial/no dredge i $100 1 and/or fill - $400 Ale 1-- Pr-ovate no dredge and/or fill - $250 LJ III(C) Priv public or comm w ID&F to 1 acre, 3490 can be applied. DCM needs DWQ agreement $400 Jeffery Lowery Date: 12-2-18 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. I TYPE REPLACE Activity Name Number Choose Choose ! Dimension t Dimension 2 Dimension 3 Dimension 4 One One New Work Replacen i New Work ❑ Replace Maint ❑ El ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ !. Replace ''.. Maint ❑ ❑ Y ❑ N New Work ❑ I Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N -I New Work ❑ Replace Maint ❑ ❑ Y ❑ N ,'.. Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet - TOTAL Sq. Ft. - FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for (Anticipated final '', (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any ':. Excludes any total includes Excludes any anticipated ! restoration any anticipated restoration and/or restoration or andlor temp restoration or temp impact temp impacts rm act amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ �'. Dredge ❑ Fill ❑ Both ❑ Other ❑! Dredge ❑ Fill ❑ Both ❑ Other ❑ ':. Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1.8884RCOAST:: www.neeoastalmanagement.neit revised: tOil 2t08 property located at R�Ome of Prope Owner) r; 6k. on ss, Lot, Block, Road, etc.) in N.C. (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. <_ I have no objection to this proposal I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement I do not wish to waive the 15' setback requirement (Property Owner Information) Telephone Number Date (Adjacent Property Owner cJ/a0k'sin/d Print or TypeName , Ma/��=%5 ��rn�rik�7Z�i. 5 ngAddrew �1e citygukop Telephone Number Date (Revised W&2012) - .RECEIVED DCM WILMINGTON, N FEB 0 2 2018 Is CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER / NOTIFICATION/WAIVER FORM Name of Property Owner: �dya // Voo �{� Address of Property: l02,2 ,[ /1 %pr N ¢ �I d, /-e r/ j; NG L,7f41d U (lot or Street #, Street or Road, City & County) Agent's Name #: tJP Ttey j.n+-y" Mailing Address: i'yd ox 3 Agent's phone #: 1P&A&W sui%/e 4/6, r7 3 ' Agent's email: Zowe Y� drokv I C0»l I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing,.A description or drawing, with dimensions, must be provided with this letter. t, I have no objections to this proposal. 1 have objections to this proposal. If you have objections to what Is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405.3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or g � back a minimum distance of 15' from my area of riparian access unless waived y e(.T t1D wish to waive the setback, you must initial the appropriate blank below.) FEB 21 2018 I do wish to waive the 15' setback requirement. DCM- MHD CITY I do not wish to waive the 15' setback requirement. (Property Ownel information) -efl/ Print or Type Name Pv /J0 x 30'.2 Mailing Address )VeW &VI21e, A�G egg��,9 City/Statelzip Telephone Number (Adjacent Property Owner Information) Signature / (/"ft / Yr/`/i9L Print or Type Name/r Mailing Address ,7,�`Cwr 0,:k X City/state2ip 9r9 - sty OPO Telephone Number is � ram/ ' 7 R F C; E rI E D a, -1-7 RECEIVED Date r�� Dote DCM WILMINGTON, NC JAN 18 2018 Revised 611812012 FEB 12 2018 -. r�x U111 KAiN 470W NC- .. County:If l� S Gftt� he�li t�3 $ �htpet l�/ f ilippgil DCM % Dill % Development Type Fee (14300160143510009316256253) (2430016024351OOt)952341) I. Private, non-commercial development that does not involve the filling or---- - excavation of any wetlands or open -warier areas: S250 100% ($250) 0% ($0) r. I. Public or commercial development that does not involve the filling or excavation f any wetlands or open water areas: $400 100% ($400) 0% ($0) III. 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. 111(A). Private, non-commercial development, if General Water Quality Certification No 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) Iii(B). Public or commercial development. f General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(Cy, If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff - determined that additional review and written DWQ concurrence is needed use of concerns related to water uality or aquatic life: $400 60%($240) 40% ($160) lil(D). If Genera: Water Quality Certification No. 4144 (see attached) cannot be applied: $400 60% ($240) 40%n ($160) IV. Development that involves the filling and/or excavation of more than one acre f wetlands and/or open water areas: $475 60°% ($285) 40%($190) Date Date Check From Name of Vendor Check Check Permit Number NOTES Received Deposit (Name) Permit Holder Number amount ed 2/5/2018 Jeffery Lowery same Southern 1042 $250.00 major fee, 124 JD rct. Bank Bell Pt., Rd., 5767D Sneads Ferry OnsCo NO split LV U os N Lti T 2 U � m � LU Uj g U 0 DCM Coordinator: T Permit #: 5 0 �g MAIMGPISTPJ03U€€ONSBWT- Permitee: �f ittry. 1�pn( Agents,— C!m Q QIA44 ot-( DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington JnSo n n US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimaus, Tyrrell) Josh Peletier.(Bertie, Currituck Dare, Gates; Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECitff ashingtDn District) Wilmington: Pjler Crumbley (Brunswick, New Hanover) `Lii Hair (Carteret, Onslow, Ponder) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: -Renee Gledhill -Earley Public Water Supply: 11e � Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: S e Staples Weychert NC DOT: avid Harris Shelltsh Sanitation: �auiion Jenkins li State Property: /%Walton DEM "NVR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbmugh-401 Roger Thorpe-Stormwater / Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: 2AVf its — 401(Carteret, Onslow, Ponder, New Hanover) C d"Coburn — 401(Brunswick) georgette Scott - Stormwater Joanne Steenhuis - 401(NCDOT-Brunswi4, New Hanover, Onslow, Ponder) Wildlife Resources: ✓Maria Dunn (WARO) LPO: Fax Distribution: Permittee #: Agent# 9 I DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Jeffrey Lowery COUNTY: Onslow PROJECT NAME: Lowery Boathouse RE21a71F LOCATION OF PROJECT:124 Bell Pointe Rd, adjacent to a man-made canal off Chadwick Bay in SXeirzo DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-12-18 // FEE 21 20t FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Jason D 1 DISTRICT MANAGER REVIEW: tl/'v B) DATE RECEIVED BY MAJOR PERJvHTS UNIT: To Be Forwarded: n/al)cm. A,vI.H 8 To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $2501 #10421 PUBLIC NOTICE REC'D: 2-21-18 Sow lv i�o» �Q/O END OF NOTICE DATE: 3-14-18/ ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: 244 M APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: y ✓ 150 DAY DEADLINE: MAIL OUT DATE: 2-12-18 STATE DUE DATE: 3-14-18 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON N t OWE AGENCY C°�'a1� 10 $O 1001 S DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance W1 q i t, Division of Coastal Management-LUP Consistency 57 ✓ Public Water Section (DWR) 3 k/19. Land Quality Section (DEMLR) / Division of Water Resources - 401 Section Storm Water Management (DEMLR) %� 1 State Property Office 2 S: Division of Archives & History 3 3 I FS Division of Marine Fisheries - Shellfish Section Z i Division of Highways (NCDOT) Wildlife Resources Commission Local Permit Officer Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM Corps of Engineers - Regulatory Branch �( 7��� CQ �l✓ �L i�tF< RECOMMENDATIONS FOR: JEFFREYLOWERY Feb. 16, 2018 The total platform/shading area was calculated as follows: REl. E'VED Shoreline length = 135 ft. x 8 ft. = 1,080 sq. ft. allowable Existing access pier = 3 ft. x 48 ft. = 144 sq. ft. FEB 2 1 2016 Existing finger pier = 3 ft. x 15 ft. = 45 sq. ft. Proposed boathouse = 812 sq. ft. (28' x 29') D(; W Total = 1,001 sq. ft. �H() ��rY The development would cover two existing boat lifts and one finger pier. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the 'A width rule, the eight -square foot rule and the pier width rule. The proposed structures would be located entirely over open water. This office has no objection to the proposed work. If the project is determined to be consistent with NCAC 07H .0208(b)(6), it is recommended that any permit issued should include the following conditions: 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. 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. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. 0 Coastal Management ENVIRONMENTAL OLIALITY February 19, 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secrerary BRAXTON DAVIS Dmeclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Application Review Applicant: Jeffrey Lowrey Project Location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** x This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED , "Y/ v�rt, DATED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal (hive Ext., Wilmington, NC 28405 910-7964215 Coastal Management ENVIRONMENTAL QUALITY February 19, 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Gorernor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimaor I � @A?# Dlv;so FEB 19 ?�Id P 0 WtRO blwawa es pp s FROM: Heather Coats, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Application Review Applicant: Jeffrey Lowrey Project Location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. SIGNED c Q DATED 3I / 11 d" VEL,' DCidi WILMINGTON, NC rtno S NIB Star of North Caroline I Environmental Quality I Coastal Management 1 127 Cardinal Drive Ea.. Wdmingtom NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Govern,, MICHAEL S. REGAN Secretary BRAXTON DAVIS Director February 19, 2018 CCEdVE TO: Dan Sams # FEB , 9 2018 District Manager-DEMLR BY Wilmington Regional Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c)-ncdenrpov Fax: 395-3964 (Courier04-16-33) SUBJECT: CAMA /Application Review Applicant: Jeffrey Lowrey Project Location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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** 4— 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. `i Z3 SIGNED DATED RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management FEB 2 6 2018 127 Cardinal DnVe Eat., Wilmington, NC 28405 9104%4215 vr/ ROY COOPER Governor Coastal Management ENVIRONMENTAL QUALITY February 19, 2018 TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Georgette Scott Stormwater Section DEMLR - WiRO MICHAEL S. REGAN secrelory BRAXTON DAVIS Dimclor ECEIVE FEB 19 201 RY:_ Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.-go v Fax: 395-3964 (Courier 04-16-33) CAMA /Application Review Jeffrey Lowrey 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. SIGNED DATED Z 2 RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management FEB 2 6 2018 127 Cardinal Drive Ext., Wilmington, NC 29405 910.796-7215 Coastal Management ENVIRONMENTAL QUALITY February 19, 2018 TO: Tim Walton Dept of Administration State Property Office RECEIVED FEB 212018 DOA STATE PROPERTY OFFICE ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dowcmr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Application Review Applicant: Jeffrey Lowrey Project location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. dditional 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. SIGNED DATED Z 2 $ IF RECEIVED DCM WIILMINGnTO�p�N, NC State of North Carolina I Environmental Quality I Coastal Management FEB 2 2 6I 10 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Received: 03/01 /2018 Coastal Management ENVIM"ENTFL nuwartv February 19, 2018 TO State Historic Preservation Office Renee Gledhill -Early Dept. of Cultural Resources Archives & History ER 18-0417 ROY COOPER ( .WM MICHAEL S. REGAN s•<� BRAXTON DAVIS 1M w Due 3/9I18 55d V�6 FROM Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats@ncdenraov Fax 395-3964 (Courier 04-10-33) SUBJECT CAMA/Application Review Applicant: Jeffrey Lowrey Project Location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boathouse over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to itibi Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. I ME . - — E 4 0 006, - M-0 DATED 3 ' 13 - I? RECEIVED d MAR 13 2018 sum a Na,N cr.6., FAw�n..W w.Yey C�w.q,... u� 127 Cs6.H Dive Edm .. Wtim. . W2114as DCM WILMINGTON, fJC^R U 1 toi$ cio-»s72is M Coastal Management ENVIRONMENTAL QUALITY February 19, 2018 Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Govemor MICHAEL S. REGAN Secremry BRAXTON DAVIS Dmeclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats((D-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA I Application Review Applicant: Jeffrey Lowrey Project Location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. SIGNED DATED 3 Z Ov t Received MAR 0 2 2010 State of North Carolina I Environmental Quality I Coastal Management DCM 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL OUALITY Z ROY COOPER GO., MICHAEL S. REGAN secmiary BRAXTON DAVIS ll,mcwr ~� r February 19, 2018 (} ~ TtB 2018 RECEIVED TO: Maria Dunn t906* NC Wildlife Resources Commission f CAS For WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(00cdenr.gov Fax:395-3964 AWOr04-16-M) SUBJECT: CAMA f Application Review Applicant: Jeffrey Lowrey Project Location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. SIGNED -r�—�— DATED )_ zb 2F)iF5 RECEIVED DCM WILMINGTON, NC Sm1e of NoM Carolina j Fnvirtpunemal QualNy I <avbtal MmmgemeM 10AR 0 1 2018 127 Cardi" Drn Ex[., Wilmington, NC 28405 911096-7215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Jeffrey Lowery, Onslow County Date: May 7, 2018 This project appears to be consistent and not in conflict with the Onslow County Land Use Plan Update. The applicant proposes to install a new boat house over two existing boat lifts. The project is located at 124 Bell Pointe Road in Sneads Ferry, Onslow County. Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine Waters and Public Trust Areas. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Onslow County Land Use Plan Update and offer the following comments. The general area of the project is classified as Conservation. In general, Onslow County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Onslow County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project appears to be consistent with the Onslow County Land Use Plan Update. Cc: File RECEIVE® MAY 7 2018 MP SECTION NIH® :portStreamingHandler.ashx Page 1 o ROY COOPER V I "Wo.11 Coastal Management ENVIRONMENTAL QUALITY February 19, 2018 TO: -rri t 3 2018 Karen Higgins 401 & Buffer Permitting Unit DWR/Water Quality Permitting MICIIAEI. S. R1 GAN G•. mnm 13RAX'FON DAVIS /)III N, fi�_20180280 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Application Review Applicant: Jeffrey Lowrey Project Location: 124 Bell Pointe Rd., adjacent to Hobart Justice canal, in Sneads Ferry, Onslow County Proposed Project: to install a boat house over two existing boat lifts Please indicate below your agency's position or viewpoint on the proposed project and return this fonn to Heather Coats at the address above by March 14, 2018. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate in-depth comments with supporting data is requested. REPLY: Thi ency has no objection to the project as proposed. dditlonal comments may be attached" 1V0 Gy/ / ffp,? This agency has no comment on the proposed project. n, p�;� r6vt2W 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. 'y / SIGNED DATED /q' tithe of Noah Carolina 1 Fnnronmemal Quality I CoaRW Manafeownl 127 CNd.W Ums I.at . WdmotIom. N(' 2E40i ps://edocs.deq.ne.gov/laserficheNiewer/Pdf/PrintPdf Viewer.html?file=ExportStreamingHandler.ashx%3Frepo... 4/11/2C Coats, Heather From: Mairs, Robb L Sent: Wednesday, April 11, 2018 8:37 AM To: Coats, Heather Subject: Lowrey 124 Bell Pointe Rd. Hey Heather, After review of this application, this proposal does not require written approval (DWR #20180280). Thanks, RM Robb Mairs Environmental Senior Specialist Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairsna.ncdenr.gov https://deg. nc.gov/a bout/divisions/water-resources/water-resources-perm its/wastewater-bra nch/401-wetlands-buffe r- ep rmits 127 Cardinal Drive Extension Wilmington, 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. N1 XICHAEL,S�. 'RE-G-AN I Coast .. a 'I'ma nagemen t , BRAXTQNDAVW, ,Rkvftto"MEKTALQUAUTVI- DfrWW February9,,2018 TO. F(s6eiiptRej6urce SOciallit iM46— MHCrpC.M' 'oN-I'M eat - 40 fia; Assistant W)'or Pe ifedd&dihatOt DEQ- Division of'Coastal Mana'gernefit 127 Cardinal Dei'VdExt. . . .......... SUBJECT. NMA,/-Appfteatr wip'dview 71 e!*44o;q#oo i2041l'Pointe W4 in-.Sh.Oacfs.,F 6" OnsWv Cot�nty Proposed Project: tpih$taffaboat house -6vqr Qyisff,7g"bQpt-jft --- �wo Lyl- Plaas�'d'An 6w �oUt,lgeftyfs, posm , o .. n , o I r v le'w'-po In't Olh'the''p' ir o'-p-os- e-d,':p- rpl- eict arid; -fu— -Tto— Heather- wslattha�a dress, above, by Alarch - f4i 2010.: If y.oU have., any, ,Fe- -rayms form2c6a d' ons,regaMing thwpropbsed projec ,con a a at (pj'O appropriate:: r questl J- '' - - - '- — -'- - --.- ' * t'-' - t d'JakirvDill in-,dpM-F menfs;w,4 :suppqrting dg(qjsreqqested'. REPLY: Thisagency, has no oNe6tionlo ih6•prqject as proposed. ItIcinal commentsrhay iO-attotc b hed, h 'am onthe'.proposed project T ls�, agency has rw men! �C. Thisagerfqy appt oves-ofIle, .t the rapoMrnqndeO'qhanqes: are incorporated. Sod aftadfted. thlsa6ency qtijects tothe rreasonsdescribedinthe aitathed crimmants., S I G N E 6/4Z/Z1 h' 2ZA qkTE Received APR 1:2 2018 121Card�alDh of siVeMO4,WdmiotWh;NC2&405 DCM :91041&7215 Coats, Heather From: Dail, Jason Sent: Monday, April 09, 2018 9:59 AM To: Coats, Heather Subject: FW: [External] Follow Up Flag: Follow up Flag Status: Flagged FYI. Lowery Vessel Registration. Thank you Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax. (910)395-3964 Jason. Dail@ncdenn gov /'Nothing Compares� •E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties From: Jeffery Lowery [mailto:loweryj08@yahoo.com] Sent: Monday, April 09, 2018 9:21 AM To: Dail, Jason <jason.dail@ncdenr.gov> Subject: [External] CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:repo rt.spam@nc.gov> AFFIDAVIT OF STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTICE OF FILING OF 1a,AJ PUBLICATION Before the undersigned, a Notary Public of Said County and State, Jarimy Springer Who, being duly sworn or affirmed, according to the law, says that he/she is ro 0rv""e wnnaai, inhneatls Fe The Accounting$ eC18I13[ p ruary 13, 2018. Bonandza Group proposed to remove an existin docking facility and construct a nel of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of scial cfatll1cusotedexavatio 2ae- North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington way Dr., adjacent to a man-made canal o ocean Isle f thes Bruns- Bruns- wick County. Copies of these runs - NOTICE OF FILING OFAPPLICATIONFOR CAMA MAJOR DEVELOPMENT PERMIT cations can be examined or co le at the office of Jason Dail (ON Co) The Department of Environmental Quality hereby gives public notice as required by NCGS or Sean Farrell (BR Co), N. Dept. 113A-119b that the following applications were submitted for development permits in Areas of of Environmental Quality, Division of Coastal Management, 127 Cardi- Environme nal Drive Exi Wilmington, NC 28405, (910-796-7215) during nor- mal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal be considered in making the permit was inserted in the aforesaid newspaper in space, and on dates as follows: decision. Later comments will be accepted and considered up to the time of Permit decision. Project 21211X modification may occur based on review and Comment by the public and state' and federal agencies. Notice of the Permit decision in writes eaues atters will be provided upon And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. Title: Accounting Specialist Sworn or affirmed to, and subscribed before me this 2.1th day of 1 �D�CIC, A.D.,IJI In Test' ony Whereof, I have hereunto set my hand and affixed my official seal, the day and year afor d. TANYA V. WRIGHT i IC rrNORTH CAROry UUIIC /� c. NEW HANOVER _ TY My commission expires 1� day of Ii/t% , 20 MY COMM. ExP. M_ Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of REMEIVED REC — , • Clerk of Superior Court MAIL TO: MAR 1 q. 2018 MA t 06 2018 RECEIVED DCM WILMINGTON. NC NIP SECTION MHD DCM- %g€:AEe.rITY MAR 0 P %01i Coats, Heather From: Dail, Jason Sent: Friday, April 06, 2018 2:44 PM To: Coats, Heather Subject: FW: [External] Boathouse Heather, Please find attached Mr. Lowery's justification for requesting a boat house larger than the standard 400 sq: ft. structure. It is my recommendation that the proposal be considered based on the unique configuration of the boat basin as well as the site specific location. As Mr. Lowery indicates, he has two vessels greater than 20' in length and would like to have full coverage of the vessels while stationed/docked. Please let me know if you have any other questions or require additional information. Thank you, Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7121, Fax. (910)395-3964 Joson.Dail@ncdenr. aov N. -'�"NothingCompares� 'E-mall correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jeff Lowery [mailto:loweryj08@yahoo.com] Sent: Thursday, April 05, 2018 7:21 PM To: Dail, Jason <jason.dail@ncdenr.gov> Subject: Re: [External] Boathouse Jason that information is correct. Thanks for your help. Jeff On Thursday, April 5, 2018, 2:24:44 PM EDT, Dail, Jason <iason.dail(o7ncdenr.gov> wrote: Thanks Jeff. It would help the resource agencies if you justify this by describing the vessels that will be docked at this facility (i.e. length and number of boats). Based on our conversation yesterday, you indicated you have a 25' and 22' boat, both of which you'd like to fully cover to eliminate debris, sun damage and unnecessary rain collection in the boats while stored on the lifts, beneath the boat house. Is this correct and is this the information you'd like to use to justify the size of the boathouse? Thank you, Jason Dail Field Representative NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Ph:910-796-7221 Fax:910-395-3964 Jason.dail(cDncden r.gov Information transmitted to and from this email account is subject to NC public records law. ----- -- Original message -------- From: Jeff Lowery <IOWerv108(cDyahOO.com> Date: 4/4/18 8:41 PM (GMT-05:00) To: 'Dail, Jason" <0ason.dail(5ncdenr.cov> Subject: [External] Boathouse To whom it may concern, I have put in 2 boat lifts at my house for my boats. I am requesting a larger boathouse that will cover my boats. Thank you for your assistance with the major permit. Sincerely, Jeffery Lowery Coats, Heather From: Dail, Jason Sent: Thursday, April 05, 2018 2:25 PM To: Jeff Lowery Cc: Coats, Heather Subject: Re: [External] Boathouse Thanks Jeff. It would help the resource agencies if you justify this by describing the vessels that will be docked at this facility (i.e. length and number of boats). Based on our conversation yesterday, you indicated you have a 25' and 22' boat, both of which you'd like to fully cover to eliminate debris, sun damage and unnecessary rain collection in the boats while stored on the lifts, beneath the boat house. Is this correct and is this the information you'd like to use to justify the size of the boathouse? Thank you, Jason Dail Field Representative NC Division of Coastal Management 127 Cardinal Drive Wilmington, NC 28405 Ph:910-796-7221 Fax:910-395-3964 Jason.dail@ncdenr.gov Information transmitted to and from this email account is subject to NC public records law. -------- Original message -------- From: Jeff Lowery <Ioweryj08@yahoo.com> Date: 4/4/18 8:41 PM (GMT-05:00) To: "Dail, Jason" <jason.dail@ncdenr.gov> Subject: [External] Boathouse To whom it may concern, I have put in 2 boat lifts at my house for my boats. I am requesting a larger boathouse that will cover my boats. Thank you for your assistance with the major permit. Sincerely, Jeffery Lowery DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 May 17, 2018 Regulatory Division Action ID No. SAW-2018-00410 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: Reference the application of Mr. Jeff Lowery to construct a boathouse over an existing docking facility in waters adjacent to Hobart Justice Canal, at 124 Bell Pointe Lane, Snead's Ferry, Onslow County, North Carolina. Coordinates in Decimal Degrees are: 34.5422 N-77.3641 W. The project plans proposes to expand the docking facility to include a 29-ftX 28-ft (812 square feet) covered boathouse over the existing boat lifts, finger pier, and boat basin. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee guidelines.pdf. 2. 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. 3. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of -2- the aquatic environment. 4. The authorized structure and associated activity 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 the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 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 clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 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. -3- 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. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: ,I - me Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality Ms. Heather Coats North Carolina Division of Coastal Management DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 May 17, 2018 Regulatory Division Action ID No. SAW-2018-00410 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: Reference the application of Mr. Jeff Lowery to construct a boathouse over an existing docking facility in waters adjacent to Hobart Justice Canal, at 124 Bell Pointe Lane, Snead's Ferry, Onslow County, North Carolina. Coordinates in Decimal Degrees are: 34.5422 N-77.3641 W. The project plans proposes to expand the docking facility to include a 29-ftX 28-ft (812 square feet) covered boathouse over the existing boat lifts, finger pier, and boat basin. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hhtt ://www.fws. og v/nc- es/mammal/manatee guidelines.pdf. 2. 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. 3. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of RECEIVED MAY 17 2018 DCM WILMINGTON, NC lk -2- the aquatic environment. 4. The authorized structure and.associated activity 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 the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 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 clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 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. -3- 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 Actor 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. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: 13 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division Mr. Fritz Rohde National Marine Fisheries Service Habitat Conservation Service Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality Ms. Heather Coats North Carolina Division of Coastal Management