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28-17 Bailey, Robert
.:Permit Class Permit Number NEW 28-17 STATE OF NORTH CAROLINA ... • • - --• DepartmentofEnvironrnental Quality --- --- -• and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concem pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Robert Bailey, 7225 Churchill Dr. Wake Forest, NC 27587 Authorizing development in Carteret County at within Boatre Sound, at 204 Oak Leaf Dr. Pine Knoll Shores as requested in the permittee's application dated 10/8/16 including attached workplan drawings (4), 2 of 4 dated 10/8/16. This permit, issued on February 21, 2017 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. Osprey Platform Structure Unless specifically altered herein, this permit authorizes the osprey platform structure, as expressly and specifically set forth in the attached permit application and workplan drawings. 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 osprey platform structure. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. Additionally, cautionary signage shall also be included on the pile informing the public that the structure is not serving as an aid to navigation. (See attached sheets for Additional Conditions) permit action may be appealed by the permittee or other ;d persons within twenty (20) days of the issuing date. permit must be accessible on -site to Department el 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, 2020 In issuing this permit, the State of North Carolina agrees that your" project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. BraxttYn C. Davis, Director ivision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert Bailey Permit No. 28-17 Page 2 of 3 --- ADDITIONAL CONDITIONS 7 No formalized docking space, mooring, or slip is authorized by this permit. Additionally, cautionary sig nage shall also be included on the pile informing the public that the structure shall not be used as a mooring structure, even temporarily. 4)'The nesting platform of the osprey platform structure shall be maintained at an elevation above normal -high water that does not pose a hazard to navigation. --No lateral bracing (i.e. wire, timbers; etc.) shall be used to support the 8-inch diameter piling. As -Built Surve To ensure compliance with the conditions of this Permit, an as -built survey shall be performed for the osprey platform structure, and copies of the survey provided to the Division of Coastal Management, Within 60 days of completion of construction of the project. The as -built survey shall also include photo -documentation of the signage and marking/lighting requirements listed above. General All signage shall remain in place and visible for the lifetime of the structure. 8)' No attempt shall be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity shall not interfere with the :public's right to free navigation on all navigable waters of the United States. -.-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 abandons the permitted activity without having it transferred to a third party. I 0)_ "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. 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. The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 4 (Action ID SAW-2016-02388). `Robert Bailey Permit No. 28-17 Page 3 of 3 ADDITIONAL CONDITIONS -...- _. . NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NNOTE: This permit does not convey any rights, either in real estate or, material. 'NOTE: An application processing fee of $250 was received by DCM for this project. A�� 1CM M1`4 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name if applicable) Applicant 1: First Name ` MI Last N e ,/ eWr Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State ZIP 275 Country US Phone No. / FAX No. - Street Address (d different from above) City State ZIP Email e 6 .Z 0 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email <Form continues on back> 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Farm DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit Project Location - County (canbemultiple) Street Address State Rd. # Sub ' islon Name 7/7D// SiY.� ee // P'� State Zip 2-9S5 Phone No. ' 9i9 �{/SL-4T! -77 ext. 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 c. Is the water body Identified in (b) above, natural or manmade? & []Manmade []Unknown d. Nam the closest major water bod to the proposed project site. atural e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Ves ❑No falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) / b. Size of entire tract (sq.ft.) /O 3 -2'5, /6 c. Size of Individual lot(s) �// d. Approximate elevation of tract above NHW (normal high water) or P QC�- (If man; lot sizes, please attach additional page with alist) NW/L (normal water level) _ i�1HW or ❑NWL--a e. Vegetation on tract gra55) -V�S f. Man-made features and uses tract `now/on / g. Identify and describe the existing land uses adiacent to the proposed project site. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? -,(e�i /��/ (Attach zoning compliance certificate, if applicable) 1_0:5;(/ ' []Yes ❑No WA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes lKo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes Wo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagernent.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ❑Yes o (il) Are there coastal wetlands on the site? ❑Yes 260 (tit) If yes to either (1) or (ii) above, has a delineation been conducted? [-]Yes RKo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. /' o. Describe existing drinking water supply source. /G p. Describe existing storm wattener nagement or treatment systems. /G 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemment Wrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types of c nstruction equipment to be used during construction, the nu er of each type of equipment and w ere it is to be stored.14 � ��- � ,� �/ r�� 20 i9VCOd �'1irc� ,� 6e�6lac�aax/o�fa f, s5� Ao� 'JRUre/rhe, d. List all development activities you propose. n/4C 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? O [agq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area es ❑No ❑NA 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 ngLo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No M A j. Is there any mitigation proposed? ❑Yes JffNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :. 1-888-4RCOA5T :: www.nccoastaimanagement.net Form DCIy1 MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6.' 'Additional Information in'addiflon to this completed application farm, (MP-1) the following items below, If applicable, mustbe submitted In, order for the application package to be,complete. Items (a) - M are always applicable to any major development application. Please consult the application instruction booklet on how to; properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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. i Name Rtchcu d cjecalC, Phone No. (a5a�.7049 py�/jT AddreeeaoaaomldeatrF p-., Pine knoll5hores,i-ea$51a i Name Phone No. Address j Name ltrisinol Erl.ka M;i`-chelV '- " ' PhoneN6.61o) Address PO 15ox 85`3; 1-Tiere03a53 g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. c.."teerancarion ana rermtssfon to rnrer on, Lana,, , I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this applicationistruthful to the best of my knowledge. Date i(�- 6 - i % Print Name _ � ii Signature / C• G{� Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-6 Bridges and Culverts ❑DCM MP-3 Upland Development 26CM MP-4 Structures Information 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net 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. a. (i) Is the docking facility/marina: b. (i) 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 If yes: (iii) Length (ii) Number IN) Width (iii) Length (v) Floating []Yes ❑No (iv) Width _ (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ❑No f. (I) Are Boallifts included? ❑Yes ❑No 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 dripline 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: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water, no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? []Yes ❑No (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g.. open runabout, charter boats, sail boats, mixed types). I. (1) Will the facility be open to the general public? ❑Yes []No 252.808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net revised: 12127/06 Form DC MP-4 (Structures, Page 2 of 4) .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. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed 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 gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No 252-808.2808 :: d-888-4RCOAST c www.nccoastaimanagement.net revised: 12/27/06 FOrlin 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 marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. a. (i) Number (ii) Length (III) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1.888-4RCOAST :: www.ncc0astalmanagement.net revised: 12/27/06 Forma ®CM•MP-4 (Structures, Page 4 of 4) GENERAL a. Proximity of structure(s) to adjacent riparian property lines 555 �t Note: For buoy or mooring piling, use am of swing including length of vessel. c. Width of water body �I kz /n i i85 e. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ONA (ii) If yes, explain what type and how they will be implemented. a. Give plete description: allac,�eo l5- y b. Proximity of structure(s) to adjacent docking facilities. '1ZO f d. Water depth at waterward end of structure at NLW or NWL -i-�+ nlw - L_I r nrs sec. a CCW?4A�e 044 5ei 252-808-2808 :: 1-888-4RCOAST :: www.ncceastalmananement.net revised: 12/27/06 Attachment to Form DCM MP-4 Section 8a "A" em I, R. Wayne Bailey, Sr., propose installing a single poll sprey nest platform in the Bogue Sound, White Oak River Basin, Carteret County, NC at (see attachment "E" for vicinity map). This location is approximately 555 ft north of my sea wall located at 204 Oakleaf Drive, Pine Knoll Shores, NC (see attachment "B"). The location of the proposed osprey nest platform is located outside of any boat channels. The adjacent nlw level depth is 1 ft. and the nhw level depth is approximately 4 ft. The proposed structure wil be similar to the existing osprey nest platform structure located in the Bogue Sound north of the Pine Knoll Shores Aquarium (see attachment "C"). The proposed platform (see attachment "D") will rest on a 20 ft (8 in. diameter) piling set 5 ft into the sound bottom (mud). The vibration method will be used to install the piling. The proposed osprey platform design is shown in attachment "D". Project name: McNeil Park Osprey Platform Applicant: R. Wayne Bailey, Sr. Date: October 8, 2016 McNeal Park Osprey Platform 34 42.98 N/ 76 48.201 W n4v z 1 F Attachment to Form DCM MP-4 Section 8a N „B„ White Oak River Basin Bogue Sound Project name: McNeil Park Osprey Platform Applicant: R. Wayne Bailey, Sr. Date: October 8, 2016 Scale: I in = 60ft K>is and Faika Mitchell I RWayne Bailey, Sr. I Richard C Seale I Canal su60akWDrive zop Oak4afDrhv 202 0&k6fDrier Attachment to Form DCM MP-4 Section 8a 11 UP Date: September 15, 2016 Project Name: McNeil Park Osprey Platform Applicant Name: R. Wayne Bailey, Sr. Attachment to Form DCM MP-4 Section 8a Project name: McNeil Park Osprey Platform Applicant: R. Wayne Bailey, Sr. Date: October B, 2016 p�}i.T+Ai W I% Top View 2n �'K5'boacd dul fcan ane 12' 6 s" „ D» 2pi g"pram• nlw =4�+ gulx hTxl•C (marl) Scale: I in = 2ft I I Side View A t 4 ac�nvr�er� 1 +o -DGtA MP- sect tor) l8a _ 08kloe{ Pr > o Minr rW wurome O` � s rt � 5 n aApzu `c. Path Rd I'oi e5 Mansfield B„ q'e,7aell Sls sl h4c'll Sl er�a8os St Saltcr Path Rd W Fort Macon Rd 0 t" Hap W 4O'ktA con { D,,re: DL�obet'�,2D�b ,;?s_14r) Energy, Mineral & Land Resources ENVIRONMENTAL OUALITV April 13, 2017 Mr. Robert Bailey 7225 Churchill Drive Wake Forest, NC 27587 Subject: EXEMPTION Stormwater Project No. SW6161121 McNeil Park Osprey Platform Carteret County Dear Mr. Bailey: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On November 21, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on November 22, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000, the stomwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincerely, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: 111StormwatehPermits & Projects12016 \161121 Exemption12017 04 permit 161121 cc: DCM Morehead City Wilmington Regional Office Stormwater File RECEIVE® APR 2 5 Z017 DCM- MHD CITY State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilmington Regional Offlce 1127 Cardinal Drive Extension I Wilmington, NC 28405 910 796 7215 Coastal Management ENVIRONMENTAL QUALITY February 22, 2017 Robert Bailey 7225 Churchill Dr. Wake Forest, N.C. 27587 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director 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 15013 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. ^Sincerely, L.f Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management Enclosure State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 • V i h u.°� p'e 1b �� y;a DCM Coordinator: -gsrt'nl k Permit #: ZS-- 11 (9) MAILING DISTRIBUTION. SHEET.,___ DCM Field Offices Elizabeth City (with revised work plan drawings) Airehead Cit OnTashington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onlow, Pender) Cultural Resources: Renee Gledhill -Earl Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: '—Shane Staples NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton • DEMLR/DWR: ShEa'en Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Rout) mans — IMeret, Onlow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onlow, Pender) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARO) . cl�c VAVII 9LInrr5p Permittee #: Agent# (101`2r Coastal Management ENVIRONMENTAL QUALITY Robert Bailey 7225 Churchill Dr. Wake Forest, NC 27587 Dear Sir: ROY COOPER G,,wrnar WILLIAM G. ROSS JR. Secretary BRAXTON DAVIS Director 1/17/2017 This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities on your property at 204 Oak Leaf Dr., within Bogue Sound, in the Town of Pine Knoll Shores, in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make April 3, 2017 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808- 2808 ext. 213) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator State of North Carolina I Enviromnental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fa ) 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02388 County: Carteret U.S.G.S. Quad: Mansfield GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Robert W. Bailey Address: 7225 Churchhill Drive Wake Forest, NC 27587 Telephone Number: (919) 414-4477 Size (acres) .81 Nearest Town Pine Knoll Shores Nearest Waterway Bogue Sound River Basin White Oak USGS HUC 03020301 Coordinates Latitude: 34.7051 Longitude:-76.8031 Location description: The proiect area is located approximately 550 feet from the shoreline in Bog Sound, adiacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County, North Carolina. Description of projects area and activity: This verification authorizes the construction of a 20 foot treated wood piling (8 inch diameter) to be placed approximately 550 feet from the shoreline for an osorev nesting platform. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 4 SEE ATTACHED RGP or'NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated November 22, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the teens and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ms. Liz Hair a •910) 25I-AQV or Sarah.E.HairAusace.army.mil. Corps Regulatory Official: n i U l V` Date: 2/1312017 Expiration Date of Verification. 3/1712 17 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Suivey, located online at http://coMsm4pu.usace.atmy.mil/cm apex/f?n=136:4:0. J Special Conditions SAW-2016-02388 1. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (252) 240- 5758. 2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U,S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://Www.fws.gov/ne- es/mammal/manatee p_uidelines.pdf Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, February 21, 2017 2:29 PM To: Bodnar, Gregg Subject: Re: (EXTERNAL] FW: Robert bailey Osprey nest Gregg, We issued this permit as a NWP 4, last week I think. I'm in the field but if I can find the ecopy I'll forward it to you. I'll be back in the office on Thursday- so I can send you the full permit with conditions then. We never heard anything back from the coast guard. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Date: February 21, 2017 at 9:30:25 AM EST To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [EXTERNAL] FW: Robert bailey Osprey nest Morning Liz, Doug wanted me to touch base with you to see if you had any additional concerns with this project. Robert Bailey is the project off Pine Knoll Shores that is proposing an osprey pole (SAW-2016-02388). Doug had mentioned you might be out of the office and trying to finalize Wainwrights Slough, but we were hoping to see your thoughts on this one as well. I think there was a potential comment from USCG as well as what NWP you were leaning towards. The email exchange between you and Brad is below for reference. Thanks again as always, and please let me know if I can do anything, Gregg -----Original Message ----- From: Huggett, Doug Sent: Tuesday, February 21, 2017 9:24 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: FW: Robert bailey Osprey nest -----Original Message ----- From: Connell, Brad Sent: Wednesday, December 21, 2016 4:26 PM To: Huggett, Doug <doug.huggett@ncdenr.gov> Subject: FW: Robert bailey Osprey nest FYI Brad Connell Field Representative NC Division of Coastal Management Blockedhttp://portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.gov 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. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.armv mil Sent: Wednesday, December 21, 2016 10:54 AM To: Connell, Brad <brad.connell@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Robert bailey Osprey nest Brad and Robb: Wanted to let you know before I leave for the holidays that I am considering either a NWP I or 4 for the following project: Corps AID: SAW-2016-02388 Project name: Bailey Osprey Nest County: Carteret I need to coordinate with the Coast Guard to ensure they have no issues with its location and/or any specific requirements to mark the nest for navigational purposes. I'll be back in the office on Friday, December 30 Have a great holiday! Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-2514049 Sarah.e.hair@usace.ariny.mil DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Robert Bailey County: Carteret LOCATION OF PROJECT: At 204 Oakleaf Dr., within Bogue Sound, in the Town of Pine Knoll Shores. DATE APPLICATION RECEIVED COMPLETE BY FIELL Il�lla�llo, FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Brad Connell DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 11/17/16 PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: Yes APPLICATION ASSIGNED TO: Doug Huggett C) 75 DAY DEADLINE: i 11AI q MAIL OUT DATE: 11/17/16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: No To Be Forwarded: Yes DISTRICT OFFICE: Morehead City FEE REC'D: $250.00 END OF NOTICE DATE: 12/15/16 DEED REC'D: Yes ON: 11/17/16 / 150 - DAY DEADLINE: �f`( STATE DUE DATE: FED COMMENTS REC'D: DRAFT ON AGENCY DATECOMMENTS RETURNED OBJECTIONS'. YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Detenninalum Ile Division of Community Assistm¢e ' t13,41(4 DEMLR-Ld Quality Section an wVne Divisionol Water Resources-401 all,Ilb DEMLR-Storm Water Management NMI* State Property ice Division of Archives & History DMF-Shellfish Sanitation o DWR-Public Water Supply (Z/I�I IT k Division of Highways Wildlife Resources Commission i l / GDCM-Fisheries Local Permit Office Resource SpecialistCops z of Engineers {Z 2 Ib rlwP� Coastal Management ENVIRONMENTAL OLIALITY 13I plo C11 "All �111 HN DATE: November 16, 2016 TO: Doug Huggett THRU: (j Roy Brownlow FROM: Brad Connell V' SUBJECT: Comments and Recommendations - CAMA Major Permit —Robert Bailey, Carteret County PAT MCCRORY Governor Secretary BRAXTON DAVIS Director The following is my assessment and consequent recommendations of the above referenced proposal: This proposal will impact 9 square feet of Public Trust Waters. This proposed development is outside of the applicant's riparian property area, as it is proposed on the other side of the defined navigation channel. These waters of Bogue Sound are open to shellfish harvest. This waterbody is not a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1 Prior to construction under this permit, the permittee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S.146-12(e). 2 The permittee must 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 a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 3 The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. $AA,ati:-, 4 No lateral bracing of any kind (i.e. wire, timbers, etc.) shall be used to support the A:mbid' piling. The authorized structure must not cause an unacceptable interference with navigation. 5 No formalized docking space, mooring, or slip is authorized by this permit. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. NOTE: The intended use is for osprey nesting habitat and is not intended for use as a freestanding mooring. CC: Roy Brownlow, DCM Nothing Compares _ State of North Carolina I Environmental Quality I Coastal Management Address 400 Commerce Avenue I Morehead City, NC 28557 r Coastal Management ENVIRONMENTAL QVALITY November 17, 2016 MEMORANDUM: TO- Tim Walton State Property Office FROM: Doug Huggett Major Permits Processing Coordinator PAT MCCRORY rN mor DONALD R. VAN DER VAART Sr rary. BRAXTON DAVIS Dirraor NOV 2 12016 STA7_ -RTY SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposed Project: Proposes to construct an osprey nesting platform for private use within Bogue Sound, Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. _ a^„C 1" f C n REPLY:This agency has no objection to the project as proposed. NOV 3 0 2016 V Phis agency has no comment on the proposed project. ACM- MHO CITY 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 DATE Shte OfNm& Carolina I EUVir0nmeomt Quality I COMW Management 400 Commerce Avenue I MoAmd City, NC 28557 252-808-29081257,2473330 (fa) t DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Bailey LOCATION OF PROJECT SITE: The project is located within Bogue Sound adjacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. Latitude: 34' 42' 18.5286"N Longitude: 76° 48' 11.4012"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 5/19/15 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 11/4/16 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Town of Pine Knoll Shores (7/25/1997) Land Classification from LUP — Developed Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: No (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Development: Existing — None Planned - Osprey piling and nesting platform (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADF,D 11 (A) Shallow Bottom E---7ft2 (E) Total Area Disturbed: 9 ft2 (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: None Project Summary: The applicant wishes to construct an osprey nesting platform for private use within Bogue Sound, Carteret County. RECEIVED NOV 3 0 2016 DCM- MHD CITY Field Investigation Report: Bailey Pace 2 Narrative Description: The property is adjacent to Bogue Sound at 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. This 0.8-acre parcel is mostly developed with a single family residence. The adjacent properties are also similar single-family.residences. The elevation of the high ground of the parcel is about 4' above the normal high water level (NHW). Vegetation on the lot mainly consists of lawn grasses. This parcel has approximately 110' of continuous shoreline along Bogue Sound. Immediate offshore water depths range from —l' to —4' NHW. The subaqueous substrate is firm with shell. There is not a cultural resource in the nearby vicinity of the project area. This area of Bogue Sound is approximately 7,800'across at this location. These estuarine waters are not classified as a Primary Nursery Area. There are beds of submerged aquatic vegetation, predominantly Halodule wrightii, in nearby vicinity of the project area. The area is open to shellfish harvest. These waters of Bogue Sound are classified as SA; High Quality Waters by the EMC. There is an established, defined navigation channel approximately 470' south of this project area. Proposed Development: The applicant wishes to construct an osprey nesting platform within Bogue Sound, near Pine Knoll Shores. The proposed development will take place near 204 Oakleaf Drive, Carteret County. The proposed single pressure treated 8" diameter piling osprey nesting platform would be at 34.705147, - 076.803167 in -l' nlw (-4' nhw), approximately 560' north of 204 Oakleaf Drive within Bogue Sound. Traditional marine construction methodology would be utilized during construction. The proposed development would be located 470' north of the adjacent defined channel and is not within the applicant's riparian property corridor. The 3' by 3' platform would be situated on top of the 20' tall piling, elevated 9' above the normal high water level. The piling would be vibrated down 5' into the substrate. No lateral support bracing is proposed. Anticipated Impacts: The proposed osprey nesting platform would shade 9 square feet of Estuarine Waters and Public Trust Area within Bogue Sound. This proposal would be outside of the applicant's riparian property corridor. A traditional marine construction vibratory method would be utilized during construction, with minimal turbidity impacts. This piling is not intended to be used as a freestanding mooring. } There is not a cultural resource in the nearby vicinity of the project area. This project area is Q F— within the White Oak River Basin. These waters of Bogue Sound are not classified as a PrimaijLU � U Nursery Area and submerged aquatic vegetation is present in the nearby vicinity of the project i p area. This area of Bogue Sound is open to shellfish harvest. These waters are classified as SA; LU 2 High Quality Waters. There is a defined established navigation channel 470' south of the proje "(Jt area. LL, o � U Brad Connell November 16, 2016 Morehead City It ON MP-1 APPLICATION for ii Major Development Permit (last revised 1212T06) North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Project Name 'if applicable) Applicant 1: First Name MI Last N e 'l ev Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address / S / PO Box City State ZIP z7s Country C1s Phone No. C No.; FAX No. Address (if different from above) City State ZIP Email 6 .l Business Name Agentl Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name DCRA Mailing Address PO Box City ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if diffsrent from above) City State ZIP Email <Form continues on back> cjk- �-# 252.808.2808 .. 1.888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location County (can be multiple) t) Street Address State Rd. # Su ' ision Name C' ` State Zip o c 2gS5 Phone Noy/ `% tff - /`Z -4W-77 ext. 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 s. Is the water body identified in (b) above, natural or manmade? �Tvatural ❑Manmade ❑Unknown d. Na the closest major water bod to the proposed project site. e. Is proposed work within city limits or planning jurisdiction? Wes []No f. If applicable, list the planning jurisdiction or city limit the proposed falls within. /1 /654al 4. Site Description a. Total length of shoreline on the tract (ft.) / b. Size of entire tract (sq.ft.) /O 3 32'7, /6 l'e 7`t'W a Size of individual lot(s) ./i QCric d. Approximate elevation of tract above NHW (normal high water) or (ffmany lot sizes, please attach additional page with a list) NWL (normal water level) HW or ❑NWL e. Vegetation on tract CIc 3M4 J) ' `- f. Man-made features and uses now on tract g. Identify and describe the existing land uses adlacent to the proposed project site. h. How does bcal government zone the tract? I. Is the proposed project consistent with the applicable zoning? /ice/ (Attach zoning compliance certificate, if applicable) �5%�� Y- []Yes []No WA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes 24o k- Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes PKo [:]NA cp 0 If yes, by whom? `�J LU O I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes Vo ❑NA V O' National Register listed or eligible property?LU O !Z C r cc <Form continues on next page> 0 252-808-2808 :: 1-888-41 :: www.necoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. () Are there wetlands on the site? ❑Yes 2<o (i) Are there coastal wetlands on the site? ❑Yes 2 o (III) If yes to either (1) or (it) above, has a delineation been conducted? []Yes 21go (Attach documentation, if available) n. Describe existing wastewater treatment facilities. h la, o. Describe existing drinking water supply source. /6 p. Describe existing storm water nagement or treatment systems. 4 /4i 5- Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ffifrovate/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. osvrey �%'�s• a Describe the proposed construction methodol gy, types of nstruction equipment to be used during construction, the nu of each type of equipment and where it is to be stored. �/��- ��.,�� „N/ '�ca'oX GUcr?d����j d. List all development activities you propose. n/1L e. Are the proposed activities maintenance of an existing project, new work, or both? L What is the approximate total disturbed land area resulting from the proposed project? 0 Qeq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area es []No []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NOV 3 0 2016 I. Will wastewater or stormwater be discharged into a wetland? ❑Yes o []NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No M A 01 J. Is there any mitigation proposed? []Yes JffNo ❑NA If yes, attach a mitigation proposal. <Form continues on back> 'I rY 252-808-2808 .. 1-888-4RCOAST ., www.nccoastalmanagem ent. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (i) are always applicable to any major development application. Please consult the application instruction booklet on how to properly 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, clearty indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 Rrc1-.(ard 'jCtkie. Phone No. (y — o47F Address,209 Dal de6trf Dr. ; PI'ne knol / .Shores, X-�C al6l a Name Phone No. Address Name Krtsancl Erika Mil-cheil Phone No. 010) 10 Address Pip l3rhx '3691 /JN 03a53 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. It. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date ICE- Print Name 2 eOar"4c ,p9 Signature 67 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts W ^o ❑DCM MP-3 Upland Development > N 26CM MP-4 Structures Information W c = LIJ z U 252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net 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. i IN � ° TEMWICS This section nq'm a. (i) Is the dockingfacility/marina: /marina: tY b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government ❑Private/Community ❑Yes []No c. (i) Dock(s) and/or pier(s) J. (i) Are Finger Piers included? ❑Yes []No (ii) Number If yes: (iii) Length (ii) Number _ (iv) Width (iii) Length (v) Floating ❑Yes ❑No (iv) Width _ (v) Floating []Yes ❑No e. (i) Are Platforms included? []Yes ❑No f. (i) Are Boatlifts included? []Yes []No If yes: If yes: Ill) Number _ (h) Number _ (iii) Length (iii) Length (iv) Width IN) Width (v) Floating []Yes []No _ Note: Roofed areas are calculated from dripline 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 III) 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: Cl Other, please describe: i. Check the proposed type of siting: I. 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 RECEIVED ❑Open water; no dredging required []Other; please describe: NOV 3 0 2016 DCM- MHD CITY k. Typical boat length: I. (1) Will the facility be open to the general public? []Yes []NO M. (i) Will the facility have tie pilings? ❑Yes ❑No (ii) If yes number of be pilings? 252-808-2808:: 1-8884RCOA8T:: Www"nccoastalmana4ement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 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. c. Describe the disposal of solid waste, fish offal and trash. J. 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. I. 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? LU U I. If this project is an expansion of an existing marina, what types of services are currently provided?07' Z m. Is the marina/docking facility proposed within a primary or secondary nursery area? � []Yes ❑No U 252.808-2808::1-888.4RCOAST::3MLA cccastalmanagement.net revised: 12127/06 I 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 Ne marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliCGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. a. (i) Number (ii) Length (iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑Public(Govemment ❑PrivatelCommunity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVE® 252-808.2808 :: 1-888-4RCOAST :: MMM.nccoastatmanaaement.net revised: 12127/08 Form DCM MP-4 (Structures, Page 4 of 4) T GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of strudure(s) to adjacent docking facilities. 555t 5zof+ Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body e. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No XNA (ii) H yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -j-�+ nfw & OTHER ❑This section not applicable a. Give complete >ld�ec 8, ?�1 Date f� Me/%i/ PII✓'k .%il Project Name" Applicant qame Applicant Signature �� LU U f'� U 0 252-808-2608 :: 1-888-0RCOAST n w .nccoastalmanaaement.net revised: 12/27/06 Attachment to Form DCM MP-4 Section 8a "A„ c�- I, R. Wayne Bailey, Sr., propose installing a single pollosprey nest platform in the Bogue Sound, White Oak River Basin, Carteret County, NC at (see attachment "E" for vicinity map). This location is approximately 555 ft north of my sea wall located at 204 Oakleaf Drive, Pine Knoll Shores, NC (see attachment "B"). The location of the proposed osprey nest platform is located outside of any boat channels. The adjacent nlw level depth is 1 ft. and the nhw level depth is approximately 4 ft. The proposed structure will be similar to the existing osprey nest platform structure located in the Bogue Sound north of the Pine Knoll Shores Aquarium (see attachment "C"). The proposed platform (see attachment "D") will rest on a 20 ft (8 in. diameter) piling set 5 ft into the sound bottom (mud). The vibration method will be used to install the piling. The proposed osprey platform design is shown in attachment "D". RECEIVED NOV 3 0 2016 DCM- MHD CITY Project name: McNeil Park Osprey Platform Applicant: R. Wayne Bailey, Sr. Date: October 8, 2016 f McNeal Park Osprey Platform 34 42.98 N/ 76 48.201 W nl,u_ Ifr Attachment to Form DCM MP-4 Section 8a "B., Project name: McNeil Applicant: R. Wayne Date: October 8, 20 Bogue Sound Kna d End. MJd,ru R Waync Bvlry, Sr. 2040akl4Drw. White Oak River Basin R,6wd c. Sulc t N Scale: I in = 60ft Canal c 202 0.k4nf Dn. h m .. ... ape! J r f_ m .�IS• a Attachment to Form DCM MP-4 Section 8a Project name: McNeil Park Osprey Platform Applicant: R. Wayne Bailey, Sr. Date: October 8, 2016 gt"0003 ..ttacl. W Cedoc �o w3tee-r W �Ce ME Scale: I in = 2ft Top View 7 2.v"K6'6W vA g . 5oua5p 6' Ili Zx Eir „D» 20' $" oiam E>4 hw = 4 Q+ Mu r ui o N WUJ CiC C O Z / C Side View T Ci At-t'0.CXZV lent -r0 ryr r rOV) ati titwtsfield 8r, 9 Salter path Rd W Fort Macon Rd I,or r St c,`rnni W S.ot } RECEIVED NOV 3 0 2016 DCM- MHD CITY Dire: DLFobec � ,zo�b 14 tIU-1 C,c1� STATE Op NORTH CAROLINA COUNTY OF WAKE I, JAMES A.. BAILEY, SR.,.a resident of Wake County, State of North Carolina, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking all former:wills and codicils heretofore made by me. ARTICLEI PAYMENT OF DEBTS, EXPENSES AND DEATH TAXES PAYMENT OF DEBTS AND EXPENSES. All my debts, health care expenses, funeral and burial expenses and the administration expenses of my estate, shall be paid out of my - Residuary Estate. I authorize myExecutor, in its discretion, to spend more than is otherwise allowed by law fora suitable gravestone and for perpetual care oTthe lot upon which my grave is located. PAYMENT OF DEATH TAXES. All death taxes (other than death taxes which are paid from property passing outside of this Will pursuant to the terms of the governing instrument) shall be paid out of my Residuary Estate.as an administration expense and shall not be charged against or recovered from any recipient or beneficiary of the property taxed, except that my Executor shall recover as providedby law any death tax attributable to property(i) over which I have a power of appointment, (ii) in which I' have a qualifying income interest for life, or (iii) in which I have a retained interest.for life to the extent that any death tax recoverable by law is not otherwise paid out:of such property. RECEIVED ARTICLE II . NOV 3 0 2016 DISPOSITION OF ESTATE GIFT OF TANGIBLE PERSONAL. PROPERTY. I give all my tangible personal PQ1 M H D C IT that was not held by solely for investment purposes, used primarily in any trade or business in which I have an interest, or included with devises of real property in this Last Will and Testament, ;including; but not limited to, my automobiles, household furniture and furnishings, clothing, jewelry, collectibles and personal effects in equal shares to such of my children as survive me to be divided as they shall agree or if they fail to agree within six months from .the date of my death then as determined by my Executor. My Executor shall dispose of the remainder, if any, of my tangible personal property by selling it and adding the proceeds therefrom to my Residuary Estate or by transferring it in kind to my Residuary Estate for disposition as hereinafter provided. The costs of Page 1 sifeguarding insuring, packing, storing and delivering my tangible personal property to any beneficiary under this Article 11 shall be paid from my estate as expenses of administration. GIFTS OF INTANGIBLE PERSONAL PROPERTY. A. I give the sum of Five Thousand Dollars ($5,000.00) to JESSM DENTON, if he survives me. B. I give the sumof Five Thousand Dollars ($5,000.00) to BI?N HARRIS, if he survives me.. C. I give.the sum of Five Thousand Dollars ($5,000.00) to ROBERT HOLLIFIELD, if he survives me. D. I give the sum of Five Thousand Dollars ($5,000.00) to GLAD TIDINGS CHURCH, in Morehead' City, North Carolina. E. I give the sum of Ten Thousand Dollars ($10,000.00) to BAYLEAF BAPTIST CHURCH, in Raleigh; North Carolina . . t... I give the sum of One Thousand Dollars ($1,000.00) to PEGGY TEEL, if she survives me. G. I give the sum of One Thousand Dollars ($1,000.00) to.LOU WHITE, if she survives me. H. I give the sum of One Thousand Dollars ($1,000.00) to .VIRGD41A RAGLAND, if she survivesme. L I give the sum of One Thousand: Dollars ($1,000.00) to JOSEPHINE. NAYLOR, if she survives -me. J. I give the sum of Two Thousand Dollars ($2,000.00) to RICHARD JILES, if he survives me. K. I give the sum, of Ten Thousand Dollars ($10,000.0.0) to BARBARA TILTON, if she survives me. GIFTS OFi REAL PROPERTY AND PERSONAL. PROPERTY THEREON A. 'I give, devise and bequeath all right, title, and interest owned by me at the time of my death in the real property and any improvements And tangible personal property thereon, located at and knows as 204 Oak Leaf Street, Pine Knoll Shores, North Carolina, to my child, R. WAYNE BAILEY, if he survives me. B. I give; devise and-bequenth all right,.1itle, and interest owned by me at the time of my deathin. the real property and any improvements and tangible. personal property thereon, located at, and, known as 8908 Creedmoor Road, Raleigh, Wake County, North Carolina, and as further described in the Dead. recorded in Book 6850, Page 208, of the Wake County Registry, to my child, CRAIG BAILEY, if he survives me. W �e U N > o O W ws - sage T , 2 M , � U n hu L GIFT OF RESIDUARY ESTATE. I give my Residuary Estate, being all my real and personal property, wherever located, not otherwise effectively disposed of, but without exercising any power of appointment over property which I. may have, in equal shares to my children, R: WAYNE BAILEY; JAN ES A. BAILEY, JR, and-CRAI0 BAILEY; and if any of them pred"ecease& me, leaving issue who survive me,.I give to those issue, per stirpes, the share their parent would have received if he had survived-me.RECEIVED ARTICLE III TRUST AND TRUSTEE PROVISIONS Nov 3.0 2016 . TRUST FOR ISSUE UNDERAGE TWENTY-ONE (21). If a share of my Re fiN Estate is giyenoutright to a beneficiary who has not.reached.the age of twenty-one 44 @(Ifhd' #D CITY of mydeath, such shareshall not be distributed" to such beneficiary, but, instead, I give such share to the Trustee named .below, to beheld in trust for the benefit of the beneficiary, together with any other property payable .to the Trustee as a result of my death for the benefit of the beneficiary, and disposed of -as follows: A. DISTRIBUTION UNTIL BENEFICIARY REACHES AGE TWENTY-ONE (21) OR DIES. Until the beneficiary reaches the age of twenty-one (21) or sooner dies, 1.`The Trustee "stay distribute: all or any portion of the trust -property to or for the benefit of the:beaeficiary in such amounts and at such times as the Trustee, in its'discretion, may determine. Any undistributed income may be, added to the principal of the trust from time to time as the Trustee, in its discretion,. may determine:" 2. As a garde to the Trustee" and without limiting its discretion, it is my desire that such discretion be exercised for such purposes as the Trustee shall deem reasonable and appropriate in alth; providing for the support, heand:education.of the beneficiary. The Trustee may take into consideration other financial resources ofthe beneficiary, but not required to do so. B. DISTRIBUTION WREN BENEFICIARY. REACHES THE AGE OF TWENTY- ONE (21). When the beneficiary reaches the age of twenty-one (21), the Trustee shall distribute the then remaining trust property to the beneficiary. If the beneficiary dies before reaching such age, then upon the -death of the -beneficiary, the Trustee shall-disttibute the then remaining trust proptiity to•the estate of the beneficiary., C. ` `APPOINTMENT OF TRUSTEE. I appointfihe surviving parent of a beneficiary to be Trustee:of any -trust created under this Will for such.beneficiary. If a beneficiary does not have a surviving parent, or if a beneficiary's surviving parent shall fail to qualify, resign or otherwise cease -to act as Trustee of any trust created under:this`Will for such beneficiary, then a successor Trustee. shall be appointed as provided in Paragraph E. of this Article M. D. Any Trustee of a trust. created under this Will shall have the right to resign without court order as Trustee at any time by giving written notice to the person or persons designated Page 3 �I below who aed authorized to. appoint a successor Trustee. Such resignation shsl'1 become. effective upon acceptance of the trusteeship byy-a successor. Trustee. E. If a parent appointed as Trustee in Paragraph C. shall fail to qualify or ceases to act as Trustee for any reason, the beneficiary of the trust shall have the right to appoint a successor Trustee without court order within thirty (30) days of such Trustee's resignation or other failure or cessation to act. If a beneficiary is a minor or. not competent,. the appointment on his or her behalf may be made by a person who is (i) the general guardian or guardian or conservator of the . beneficiary's estate or, if none, (ii) the parent of the beneficiary or, if no such parent is living and competent, (iii) the guardian of the person of the beneficiary. If the beneficiary shall fail to appoint a successor Trustee, the current Trustee shall: apply to a court of competent jurisdiction for the appointment of a successor Trustee. For the purposes of this Article IV, the term "beneficiary" shall mean a person then entitled to receive distributions of trust property from a trust whether in the discretion of a Trustee or. otherwise. F. Any successor Trustee appointed pursuant to the foregoing provisions must be (i) an association or corporation qualified to exercise trust powers or (ii) an individual. G. A. successor Trustee shall indicate acceptance of the.trusteeship by signing.an instrument to that effect and.delivering-it to the person or persons having the right of such appointment and the then acting Trustee, if any. This method of acceptance shall be exclusive to any other method otherwise allowed by law. If the person having the right of such appointment shall fail to appoint a successor Trustee, the current Trustee shall apply to a court of competent jurisdiction for the appointment of a successor Trustee. H. A Trustee and any successor. Trustee may.act without qualifying before any court, and the Trustee need not obtain authority or approval of any party in the exercise of any power conferred hereunder,.nor make current reports or accountings; but the Trustee shall, at least annually, furnish to<each adult beneficiary and to .the guardian, if any, of a minor beneficiary a statement showing the property then held by the Trustee and the receipts and disbursements thereunder: No person dealing with the Trustee shall be obligated to inquire into the Trustee's powersor to seelo the application of any money or property delivered to the Trustee. I. I direct that no security or bond be required of any parent or corporation appointed as Trustee in Paragraph C. of this Will. J. Any successor Trustee shall have; :ezeroise and.enjoy.all " of the rights, privileges and powers, both discretionary and ministerial, granted to the original Trustee, including the right to resign, and' shall incur all of the duties and obligations imposed upon the original Trustee. Also, any. successor Trustee shall not be liable for any acts or omissions of any predecessor Trustee. K. A corporate Trustee shall receivepompensation for the services it renders to a according. to its regularly adopted schedule of compensation in effect and applicable at the time o U the performance of such services. An individual Trustee may receive that compensation for such > N Trustee's services which is allowed by law at the time the services for the trust are rendered co Page 4 l u z t' .r ARTICLE.IV CTUDREN At the time of the execution of this Will, I have three (3) children, to wit: R. WAYNE BAILEY, JAMES A. BAILEY, JR., and CRAIG BAILEY. ARTICLE V EXECUTOR I appoint R. WAYNE BAILEY; JAMES. A. BAILEY, JR , and CRAIG BAILEY as Co= Executors [hereinafter referred to collectively as "Executor"] of.this my. Last Will and Testament. If any one (1) or two (2) of my Co -Executors shall fail to qualify or cease to act as my Co - Executor, it shall not be necessary to appoint a successor Co -Executor in such Co -Executor's place, but in such event, the remaining Co -Executors) shall act as Executor hereunder. If it becomes necessary fora representative of my estate to qualify in anx jurisdiction other than the State of North Carolina in which my Executor shaTbe unable or unwilling to qualify as Executor, then my Executor shall have the right -to appoint an individual or corporative representative of my estate in such jurisdiction WAIVER OF BOND AND COURT SUPERVISION. I direct that my Executor or any successor herein named shall serve without bond or other security. My Executor may act without qualifying before any court or filing with any court any inventory, accounting or other report relating to the administration of my estate unless otherwise required by law to do so. COMPENSATION OF EXECUTOR: A corporate Executor may receive compensation for its services in accordance with its published schedule of fees in effect at the time the services under this Will are rendered. An individual Executor may receive that compensation for�E 1V E D Executor's services which is allowed by law at the time the services under this Will are ARTICLE VI NOV 3 0 2016 ADMINISTRATIVE POWERS OF FIDUCIARIES DCM- MHD CITY I hereby grant to my Executor and also to the Trustee of any trust established hereunder, including any substitute or successor Executor or Trustee, the continuing, absolute; discretionary po�i+a to deal with any property, real or personal, held in my.estate, as freely as I might in the handling of -my own affairs. Such power shall be exercised independently and withoutprior or subsequent approwl of anycourt or judicial authority; and no person dealing with the Executor shall be required to inquire into the propriety of any of their actions. Without in any way limiting the generality, of the foregoing, I hereby grant to my Executor and my Trustee, including any substitute or successorExecutor or Trustee, hereunder all the powers set forth in Section 27 of Chapter.32 of the North Carolina 'General Statutes, and these powers are hereby incorporated by reference and made a part of this instrument, and such powers are intended to be in addition to and not in substitution of the powers conferred by law. �� 7�_ Page 5 POSSESSION AND DISPOSITION OF REAL PROPERTY. With respect to my Executor, the power to take possession, custody and control of real property owned by me at the time of my death, other than real property specifically devised in Article II, even though title to such real propertyis not devised to my Executor, and to sell, exchange, give options upon, partition, lease, mortgage or otherwise dispose of any such real property. DISTRIBUTIONS TO OR FOR THE BENEFIT OF, A BENEFICIARY. Whenever authorized or directed to distribute property to a beneficiary, whether or not under a legal disability, my Executor and Trustee shall have the power to distribute such property, unless otherwise directed, (i) directly to such beneficiary, including the transfer of property into such beneficiary's name as by depositing cash or registering securities in his or name, (ii) to a custodian or custodial trustee for such beneficiary under a uniform gifts or transfers to minors act or uniform custodial trust act, including a custodian or custodial trustee designated by a fiduciary, which may be the fiduciary, (iii) to the guardian or conservator of suchbeneficiary's estate or (iv) to anyother person, firm or; institution for the benefit of such beneficiary, and the receipt of any of the foregoing shall constitute a full acquittance of the fiduciary to the extent of the distribution so made. RETENTION AND ACQUISITION OF BANK SECURITIES. The power (i) to retain for any period or periods of time securities which are securities of any corporate fiduciary acting under this will or of any corporation owning stock of the corporate. fiduciary or of any subsidiary or affiliate of or successor to such corporation and (H) to acquire such securities by purchase, exchange or otherwise. ARTICLE VII PRESUMPTION OF SURVIVORSHIP For purposes of this Will, if any beneficiary under this Will and I should die under such circumstances that there is uncertainty as to which person predeceased the other, it shall be conclusively presumed that such beneficiary predeceased me. ARTICLE VIII DEFINITIONS EXECUTOR, TRUSTEE AND FIDUCIARY. The term "Executor" or "Executors" includes'any personal representative or representatives of my estate acting underthis will such as a. successoi Executor or Executors and any Administrator with the will annexed. It also includes the term " Ezecutrix� whenever the context requires it. The term "Trustee" or "Trustees" includes any Trustee or Trustees acting under a trust to which property passes pursuant to this will, and the term "fiduciary" or "fiduciaries" :includes both'an Executor and. a Trustee: The designation Executor and Trustee; and references to either as "it"; is used herehn shall include singular, plural, masculine, feminine, neuter and possessive case as required by context. DEATH TAXES. The -term "death taxes" means inheritance, estate, transfer and successioz�. taxes, and any interest and penalties on these taxes, imposed by reason of my death by any W U Page& U i jurisdiction with respect to property passing under or outside of the provisions of this will or any codicil to it which is includable in my estate for the purpose of determining such tax, including, but not limited to, any tax on property includable under section 2036-(relating to transfers with 'retiinedlife estate), section 2041 (relating to powers of appointment), section 2042 (relating to life insurance proceeds) or section 2044 (relating to qualified terminable interest property) of the Internal Revenue Code of 1986, as amended, or any comparable provision of state law, but excluding, however, any tax imposed by section 2032A(c) (relating to qualified real property), .or chapter 13 (relating to generation -skipping transfers) of the Code, or.any comparable provision of state law. CHILD, CHL.DREN. AND ISSUE. The terms "child" and "children" mean lawful lineal blood descendants in the first degree of the parent designated, and the term "issue" means lawful lineal blood descendants in any degree of the ancestor designated, but such terms shall include any person legally adopted prior to the time that person reaches the age of eighteen (18) and the lawful lineal descendants of any such person, whether of the blood or by adoption prior to such age. . PER STIRPES. Whenever a distribution is -to be made under this Will to a designated ancestor's issue who are living at a designated time, and such distribution is to be made "per stirpes", such distribution shall be made by first determining the. generation nearest to such ancestor which has.a.person'who represents that generation and who is living at the designated time. The property to be distributed shall be .divided into as many equal shares as may be necessary to allocate one share to each then living person of that generation and one share to each deceased person .of that generation who left issue who are then living. Each living person of that generation who -has not effectively disclaimed his or her share for federal tax purposes shall receive one share, and the share of each deceased person of that generation and of each living person of that generation who has effectively disclaimed his or her share shall be divided among his or her then living issue in.the same manner. TRUST PROPERTY: Unless the context. indicates otherwise, references to "trust property" mean the net undistributed income and principal of the trust. I, JAWS A. BAILEY, SR.; the Vestator, sign my name to this instrument this-' day of February, 2012, and being first duly sworn, do -hereby declare to the undersigned authority that I sign and execute this. instrument as my Last Will and that I sign it. willingly, that I execute it as my i d6.,1 l v61uhtary act -for the purposes: therein expressed,. and that am eighteen years of age or older, RfiOnder no constraint or undue influence. NOV 3 0 2016 t fy (SEAL) DCM- MHD CITY JAMESA.BAILEY, SR. We, 0, FyatiJ<I1 ?% 5 m r ;and (3a r•bA rA PJ. 1k c. Dan i e l ,.the witnesses, sign our names to this instrument, being first duly swom,.and do hereby declare to the /,��' Page 7 undersigned authority: that the Testator signs and executes this instrument as his last will and that he signs it willingly, and that each of us, in the presence and:hearing of the Testator, hereby signs this will as witnesses to the Testator's signing, and to the best of our knowledge the Testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. WITNESS AD SS WITNESS ADDRESS NORTH CAROLINA WAKE COUNTY Subscribed, sworn to and acknowledged before me by JAMES A. BAILEY, SR, the Testator; and subscribed and: sworn to before the by.©' 1rYtt 4'ln 5,m i i••In and �Gtrb A 1'' c Domig l witnesses; this c2141-' day of February, 2012. Notary Public Mycommi§sion expires:d ebb 1 CKMUSKSECOERRY This will was dratted by Charles H: Sedbeny, attorneyW INC ® . Mr E*kmMyAM4 4006 Barrett ]hive, Raleigh, NC 27600 LU `` W M 2 U g o I g U Page 8 I a U.-Al I Tax bat Na vaWdb. by C1a219erst County Register 0a/70/2000 $700.00 wItVAReal Estate Ex r ` cJp Jax Excise Tar 6 700.00 . NORTH CAROLINA, CARTERET CO The foroyo6ry conMicato(e( of NotUNTY ary Pub6c(s) lararo 0em0ed to be corrorl. ih% Ir.flrumant and this color, 10 are duly egislom, at Ute ,dale find 0ma the Soot: end Pape &IWwtl on the Aral a e and Inp D her". MelaNe Arth 691"er of Deed s °rPfsa.wa,so.,a, CSrDie Arthur ate 03/30 2000eg Register of OR S79310Page I of 2 Time, Book and .................. Paral Identlder No..A3d31]0h10A5.... __................... county an the ._..._.___ thy ef..._........__....._.__...�......__._..._, .__.-... Nall after receding to 1.44. _I.(BS4!!r_ rlAa_........_.._....._..._......_............................._.........._..._.._._..._........_....._...._._._. ................ _......... R...a.._acdRdc 4x...((atw..a.ass«.ra.xess:.............. __..... .... ....................... ........ ................... ...._... This Instrument was prapwd by ... Brief description for the Coder B k. We PS Map G/S NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ..29th.... day of ............ Harsh_,_ . ...................... 20010 by and between ... ....._. ........., GRANTOR RICRARD A. GUSTAFSON and wife, GLORIA J. GUSTAFSON GRANTEE JAMES A. BAILEY, SR. (unmarried) 5201 Beryl Road Raleigh, RC 27606 ROW In appropriate block for beck P%Mt mme, eddna oaq H appnprlate, ehareeeer of duty, aq. serparouoa a parU wp. The dealabe9on Grantor and Grantee as need hereto shall Include said pp•rtles, their helm, succeeson, and bellies, and shall Include singular, plural, maseullne, feminine or neuter be required by context a ITX algal, that and by these preaeoI valuable grant, Eadderat orgain,npaindbj,the a Grantee, the receipt of which Is hereby il mrtala got as Forest of land slanted Is the City of ...... ..... ...., convey unto the Creates to fee simple, all that ......_....._..._...._................. HoreRead......................... Township, -Cart..............................County, North Camlboa and men particularly described a follows: BEING all of Lot Twenty -Four (24) in Square or Block "W" , of the Pine Knoll Shores Subdivision as shown on that certain map recorded in Hap Book 6, Page B, Carteret�EE+EIV RECEIVED County Registry. C BnOJt, v '29 PAGE 0/0 t`e s. air ew. ra r o tvw a..w a ben -rrr.. NOV 3 0 2016 DCM- MHD CITY ow n The property herelnabove described was acquired by Grantor by instrument recorded In Deed ,book 704.t„_Pajje,_138, ,,,, A map showing the above described property 11 recorded In Plat Book................6.................. page ...... -8....... ........ TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belough g 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 persona whomsoevei except for the exceptions hereinafter stated. Title to the property hereinabove described Is subject to the following exceptions: RECEIVED EASEMENTS, RESTRICTIONS AND RIGHTS -OF -NAY OF RECORD NOV 3 0 2016 DCM- MHD CITY .uN se Ynxeir 14 duo sit ti�ar M."I � No W V 0 be bt Wo".t' ahead ii .:mi�NV •r rat ent�e :t p1°tir..a'°`�'r., ie: w e.. sres..t�am 'tars wnn.n. ,,� / cif /t - Ibyanb Nma RICIIARD A. CUBTAFS t Byt .. .. ... ....... G, jltx 7�'.� • ............................('RAW ____________________________President ttt"��d VVVV ATTEST, t,$ .............................................................(saw ............................ Eecr.Ytr(e•n.rate a.W p P______.•______._---------------- 4rXkrMAy,",. NORTH "HOUNA.----- .................C•eW. ••'•.1" d, . Note" reRue of me cooalr sed state a.nead. eetlur tat ...YLCbaxd.L.Gnatafaow......._ ,OT A%��. •. •:�rwae#d�at i..%A41i*,fF40........................................................ ona pme alystu. a _ ._ • -brut me an W lad ooad.wtadred la e.'esuat or the rueaNar Nntmnt wttnw any goad ue ,new tits...r um. uw .'.t oo at ... )WuLk.... _......... 2000 '• @r jf; ••......•N•,,•�, Ny oowmtutan agent..._.1} - ..G 3 - 0,3• _ K/. %J'GcFlr.'.,• -".ta r r(10 q r.Rw 2"A TAN. NORTH CARCtdNA. ..................................Covey 4 a Nagy Md. a as Cautr W State tlouuta, ..ew Wt....................... .................. ti PHmO& y .am. ►.tut ma WHO W Rod acknowledged tat ____ he to .......................... aanlerr N .__------------------- - --- -------------- ......... a Nett Cere1Wnems, •eame tauthorityt arauthority deny gives tad St as ut a a, wreenWy me tengstar ta.tnnat wu Np'd to a. au. by So.............. ! rrNd.aa "at" ails as Corporate W ova aoudad by ........... as W ........................... 1'nauy. L5 wW'n tor gud "A tlW W Stag u ual, tab ..._ —day of ........................... ......... myoututems•gHut ...................................................................... Netary Paidta The taregolad CoWtkata(H of ............................... ...-._.__.. --••••---------- Senr. 77r.. to a. "a'aat Tkta bN at add oV urtmnle are dots. eadietwed a me 4ta me note Red a the Book add Tare nowt OR at tea ws• •m•e. , .........•........_•_•.........................•.......................ituteTIR OF Daiwa ran ................... ................. CDUNTT ar....................................... ............................ wrty/Aulmae. a.sletar tl Den. WW'-� PAG NerAe.r�.N.ae tslt.a..lt101m-.�......ore.,r gr,•..rtanw.� rn�.ya•����eCY•.a -tf PAT MCCRORY Cw�arnvr DONALD R. VAN DER VAART 5ecrcMry BRAXTON DAVIS Coastal Manage7netot M-c,or ENYfRONMENTAL QVALfTY November 17, 2016 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review' Applicant: Robert Bailey. Project Location: Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposed Project: Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposedproject and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. �1Ts 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 K��_�r� DATE RECEIVED NOV 3 0 20166+ +�]/ state oYNodh Carolina I rk*O mental Quality I COMW mwpmw DC M- M H D t/ t �l 9 400 Commerce Avenue l Morehead C{ty, NC 28557 252-8M28081252.2413330 (fb* k c: CoastalManagement ENVIRONMENTAL QUALITY November 17, 2016 MEMORANDUM: PAT MCCRORY ' rMf/91QY ' DONALD R, VAN DER VAART SesxMry BRAXTON DAVIS Director TO: Dan Sams Division of Energy, Mineral & Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey Project Location: ' Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposed Project: Proposes to construct an osprey nesting.platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext, 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 DATE lJoJ ZL 2011. RECEIVED DEC 0 8 2016 StaWafNor,CuohnaI]3uwo==l1Qu,ityICoutdMa g'mm` DCM- MHD CITY 400 Commute AYow I Mmeheed City, NC 28557 252-808-29081252-2473330 (fez) PAT MCCRORY Gol'er'COr ' DONALD R. VAN DER VAART Seuerary CoastalManagement ENVIRONMENTAL QUALITY November 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Rachel Love-Adrick Division of Coastal Management .Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Robert Bailey BRAXTON DAVIS Director Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. /V Re, Co► IAC—MTf, This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. T 's en ob' cts to the project for reasons described in the attached comments. SIGNED DATE NOV • 22 ,101 b State of North Carolina I Environmental Quality I Comtel Management 400 Commerce Avenue I Morehead City, NC 28557 25MO.8-28081252-247-3330 (fax) i PAT MCCRORY Gommor DONALD R. VAN DER VAART Secrelary Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner, n J/ Division of Coastal Management (lv� SUBJECT: Major Permit request by Robert Bailey for an Osprey Pole DATE: November 22, 2016 BRAXTON DAVIS Dimaor Consistency Determination: The request is consistent with/not in conflict with the Town of Pine Knoll Shores Core Land Use Plan certified by the CRC on September 23, 2015. Overview: The applicant is requesting to install an Osprey nesting platform at 204 Oakleaf Drive, Carteret County, North Carolina. The 0.8-acre parcel is mostly developed with single-family residences. Vegetation on the lot consists mainly of lawn grasses. The parcel has approximately 110' of continuous shoreline along Bogue Sound. Immediate offshore water depths range from -1' to 4' NHW. The subaqueous substrate is firm with shell. The water at the project site in the Bogue Sound are SA (Market Shellfishing, Salt Water) and (HQW (High Quality Waters) is not PNA (Primary Nursery Area), and is open to the taking of shellfish. There are beds of Submerged Aquatic Vegetation (SAV), predominantly Halodule wrightii, in the nearby vicinity of the project area. There is an established, defined navigation channel approximately 470' south of the project area. There are no cultural resources in the nearby vicinity of the project area. The proposal is for a single pressure treated 20' tall 8" diameter piling for a 3' x 3' osprey nesting platform. The piling will be elevated 9' above normal high water level. The piling will be vibrated down 5' into the substrate. No lateral support bracing is proposed. The Osprey Pole is proposed to be located at 34.705147,-76.803167 in -1' nlw (-4' nhw), approximately 560' north of 204 Oakleaf Drive within Bogue Sound. The pole will be 470' north of the adjacent defined channel, and is not within the applicant's riparian property corridor. Anticipated impacts resulting from this project are expected to include: the shading of 9 ft2 of Estuarine Waters and Public Trust Area within Bogue Sound. A traditional marine construction vibratory method would be utilized during construction with minimal turbidity impacts. --�'-'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commeme Avenue I Moorhead City, NC 28557 252-808-28081252-247-3330(faa) North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 Basis for Determination: The project site is located in the Town of Pine Knoll Shores and is subject to the 2015 Pine Knoll Shores Core Land Use Plan. The Future Land Use Map (FLUM) designates the property as residential. The following LUP policies may be applicable to this request: "Pine Knoll Shores accepts state and federal law regarding land uses and development in AECs" (pg. 104). Natural Heritage Areas NHA. 1.1., pg. 114 "The Town will enforce its zoning regulations and rely on state permitting agencies to ensure that all development within or adjacent to Areas of Environmental Concern, freshwater swamps, marshes, and 404 wetlands is carried out in accordance with all local, state, and federal regulations". Water Quailri WQ. 1., pg. 116: 'The Town supports the guidelines of the Coastal Area Management Act and the efforts and programs of the North Carolina Department of Environment and Natural Resources, Division of Coastal Management and the Coastal Resources Commission to protect the coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters of the Town". (Advocacy) -'-'Nothing Compares —, State of North Carolina I awomnental Quality I Coastal Management 400 Commerce Aveme I Morehead City, NC 28557 252-808-28081252-247-3330(fac) PAT MCCRORY (iowmor Coastal Ma agement ENVIRONNENTAL QUALITY 6.1L• U. 22. AI November 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direcror NOV 2016 Maria Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Robert Bailey Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED DEC 0 5 2016 REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. DCM- MHD CITY 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 q_c� Z r _ DATE 12 -1- yJ tl. State of North Caroba I r=vko=enW Quality I Comm Meoegemeat 400 Commaco Aveoee I Mmeheed City, NC 28557 252-808-28081252-247-3330(fex) cf 1 Coast 7Ma �¢gement EWIRQ MENTA OUAIRV November 17, 2016 MEMORANDUM: FAT MCCRORY C,'u,roUr ' DONALD'R. VAN DER VAART BRAXTON DAVIS Director eg10 2185 TO: Rence Gledhill -Early NC Department of Cultural Resources FROM: Doug Huggettt Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant; Robert Bailey Project Location: Carteret County, at 204 Oakleaf Driver within Bogue Sound; in Pine Knoll Shores. Proposed Project: Proposes to'construct an osprey nesting platform for private use within Bogue . Sound: Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is. requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves,.of the project only if the recommended changes are incorporated. See attached. ���� ��Tp�hii�s�� agency objects to the project for reasons described in the attached comments. fn SIGNED tU"�°`�t`'�+" DATE SWedNath Carolina I Envhmuaenrol Quality I Ca W =m ���AvunvaIr�raiaadCity.uc2asla'�°°E NOV 3 0 2016 2sz-sos zsas i xsz-zasaslo tt�; 10 PAT MCCRORY Gome ,r - DONALD R. VAN DER VAART Sauetary Coastal Management ENVIRONMENTAL QUALITY November 17, 2016 MEMORANDUM: TO: Shannon Jenkins Shellfish Sanitation FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Robert Bailey BRAXTON DAVIS Dimaor Project Location: Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposed Project: Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. IThis 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 OV— V� �r g " o' Zt'kwDATE WIt t RECEIVED NOV 2 2 2016 State of North Carolina I Emmonmmoal Quality I Comm Maoupmaut 400 Commerce AYeuue I Morehead City, NC 28557 DCM- MHD CITY 252-808-28081252-247-3330(fix) November 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Robb Maus Division of Water Resources Doug Huggett Major Permits Processing Coordinator v' G/r`'//VATCCRORY Gmrnmr DONALD R. VAN DER VAART &rxtary BRAXTON DAVIS b1A-aor RECEIVEDACDENRAWR NOV 21 2016 . Water Quality Regional Operations SectloA Wilmington Regional Office CAMA/DREDGE & FILL Permit Application Review Robert Bailey Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext, 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed ��lrh This agency has no comment on the proposed project. ��GCt� f Gn f�i This agency approves of the project only ,if the�eoommended changes are 111A, incorporated. See attached. This agency objects to the project for reasons describ `d in the attached comments. SIGNED DATE StateorNarth Cazofuiai Hnvuonmenmt QualityloomWMn S=e 400Commuoa Av 1Momheadaty,NC28557 25M084808 1252-247-3330 (M) Coastal Management ENVIRONMENTAL DUALITY November 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Diane Williams Public Water Supply Doug Huggett Major Permits Processing Coordinator PAT MCCRORY GAIMor DONALD R. VAN DER VAART S—lary BRAXTON DAVIS Mr,vor NOV 0ivtsi 1 7U16 `vfRO Public(g3 ees pnh' I RECEIVED DEC 14 2016 CAMAOREDGE & FILL Permit Application RevieDC NI _ M H D CITY Robert Bailey Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 DATE I � 2 &/2 o/ b StOo of North Carolina I Eavim menw Qulity I CoesW Management 400 Commerce Avenge I Morehead City, NC 28557 252r809-28081252.2473330(faz) Coastal Management ENVIRONMENTAL DUALITY November 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Local Permit Officer Town of Pine Knoll Shores Doug Huggett Major Permits Processing Coordinator PAT MCCRORY GU mor DONALD R. VAN DER VAART Seuerary BRAXTON DAVIS Dl oor RECEIVED DEC 14 2016 DCM- MHD CITY CAMA/DREDGE & FILL Permit Application Review Robert Bailey Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. nt clu Cowta[M=agmenr ENVIRONMENTAL QUALITY November 17, 2016 MEMORANDUM: TO: F M: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY ' Gevernr>r DONALD R, VAN DER VAART secretary. BRAXTON DAVIS nirrctor Georgette Scott Division of Energy, Mineral, & Land Resources Doug Huggett. Major Permits Processing Coordinator ECEIVE NOY 1 1 2016 BY: 0 RECEIVED DEC 2 9 2016 CAMA/DREDGE&FILL Permit Application Review DCM- MHD CITY Robert Bailey Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by December 7, 2016. Ifyou have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 DATE 11 State Of NM* Cemhm I BnYao tel (zunlity I cowl mwasement 400 Cemmetee AM" I Moorhead City, NC 28557 252-808-28081252.247-3330 ft) Huggett,.Doug From: Connell, Brad Sent: Wednesday, December 21, 2016 4:26 PM To: Huggett, Doug Subject: FW: Robert bailey Osprey nest FYI Brad Connell Field Representative NC Division of Coastal Management http://portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.gov 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. -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) [mailto:Sarah.E.Hair@usace.army.mil] Sent: Wednesday, December 21, 2016 10:54 AM To: Connell, Brad <brad.connell@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Robert bailey Osprey nest Brad and Robb: Wanted to let you know before I leave for the holidays that I am considering either a NWP 1 or 4 forthe following project: Corps AID: SAW-2016-02388 Project name: Bailey Osprey Nest County: Carteret I need to coordinate with the Coast Guard to ensure they have no issues with its location and/or any specific requirements to mark the nest for navigational purposes. I'll be back in the office on Friday, December 30. Have a great holiday! Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Dr rlington Avenue Wilmington, NC28403 910-251-4049 Sarah.e.hair@usace.army.mil November 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Gmrnor DONALD R. VAN DER VAART . Swmfary ' BRAXTON DAV1S ' [7lmciar RECEIVED NOV 8,2 2916 DCM-Flsherles WARD ,ihaDe:SWJ. for Gregg Bodnar Division of Coastal Management Doug Huggett Major Permits Pro&epsing Coordinator CAMA/DREDGE & FILL Permit Application Review - Robert Bailey Carteret County, at 204 Oakleaf Drive, within Bogue Sound, in Pine Knoll Shores. - Proposes to construct an osprey nesting platform for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project - and return this form by December 7; 2016. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252).808-2808. Pxt. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 agen y objects to the project for reasons describedinthe attached comments. 77 SIGNED ` - / DATE $iatWNM& 0=1ba I Fnvk= nW Quality IC aW Menn ,.a 400Comm Avmn 1W hudCSty,NC2M 2iUOS-23091 M2413330 (Po� DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Bailey LOCATION OF PROJECT SITE: The project is located within Bogue Sound adjacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. Latitude: 34' 42' 18.5286"N Longitude: 76' 48' 11.4012"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 5/19/15 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 11/4/16 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Town of Pine Knoll Shores (7/25/1997) Land Classification from LUP — Developed Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: No (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Development: Existing — None Planned - Osprey piling and nesting platform (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Shallow Bottom 9 ftZ (E) Total Area Disturbed: 9 ft2 (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: None Project Summary: The applicant wishes to construct an osprey nesting platform for private use within Bogue Sound, Carteret County. Field Investigation Report: Bailey Page 2 Narrative Description: The property is adjacent to Bogue Sound at 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. This 0.8-acre parcel is mostly developed with a single family residence. The adjacent properties are also similar single-family.residences. The elevation of the high ground of the parcel is about 4' above the normal high water level (NHW). Vegetation on the lot mainly consists of lawn grasses. This parcel has approximately 110' of continuous shoreline along Bogue Sound. Immediate offshore water depths range from -1' to -4' NHW. The subaqueous substrate is firm with shell. There is not a cultural resource in the nearby vicinity of the project area. This area of Bogue Sound is approximately 7,800'across at this location. These estuarine waters are not classified as a Primary Nursery Area. There are beds of submerged aquatic vegetation, predominantly Halodule wrightii, in nearby vicinity of the project area. The area is open to shellfish harvest. These waters of Bogue Sound are classified as SA; High Quality Waters by the EMC. There is an established, defined navigation channel approximately 470' south of this project area. Proposed Development: The applicant wishes to construct an osprey nesting platform within Bogue Sound, near Pine Knoll Shores. The proposed development will take place near 204 Oakleaf Drive, Carteret County. The proposed single pressure treated 8" diameter piling osprey nesting platform would be at 34.705147, - 076.803167 in -1' nlw (-4' nhw), approximately 560' north of 204 Oakleaf Drive within Bogue Sound. Traditional marine construction methodology would be utilized during construction. The proposed development would be located 470' north of the adjacent defined channel and is not within the applicant's riparian property corridor. The 3' by 3' platform would be situated on top of the 20' tall piling, elevated 9' above the normal high water level. The piling would be vibrated down 5' into the substrate. No lateral support bracing is proposed. Anticipated Impacts: The proposed osprey nesting platform would shade 9 square feet of Estuarine Waters and Public Trust Area within Bogue Sound. This proposal would be outside of the applicant's riparian property corridor. A traditional marine construction vibratory method would be utilized during construction, with minimal turbidity impacts. This piling is not intended to be used as a freestanding mooring. There is not a cultural resource in the nearby vicinity of the project area. This project area is within the White Oak River Basin. These waters of Bogue Sound are not classified as a Primary Nursery Area and submerged aquatic vegetation is present in the nearby vicinity of the project area. This area of Bogue Sound is open to shellfish harvest. These waters are classified as SA; High Quality Waters. There is a defined established navigation channel 470' south of the project area. Brad Connell November 16, 2016 Morehead City I -IN, . , ""This is a word processing form to be completed in Microsoft Word""` NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Robert Bailey Date: 11/15/16 Project Site County: Carteret Staff: Brad Connell District: Elizabeth City ElWashington ®Morehead City []Wilmington Project Name: osprey nest Date of initial application submittal (EX: 1/W2007): 9 -11. k1 Date application "received as complete" in the Field office (EX: 1/6/2007): 11/4/2016 Permit Authorization: SCAMA Dredge &Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes 9NO Photos Taken: Yes Noo Setback Required (riparian): Yes 0 No Critical Habitat: Yes No gNot Sure 15 foot waiver obtained: Yes ONo Hazard Notification Returned: []Yes ®No SAV: Yes No ®Not Sure Shell Bottom: Yes No 0 Not Sure Temporary Impacts: Yes ZNo Sandbags: Yes Jallo Not Sure Did the land use classification come from county LUP: ❑Yes ®No Mitigation Required (optional): []Yes ®No Moratorium Conditions: 0Yes ONo ❑NA Environmental Assessment Done: I ❑Yes []No ® NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (BY) Salt reed grass (Spartina altemdlora) cynosuroides) El (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus Lj (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 0 III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWO agreement - $400 252.808-2808 :: 1-888-4RCOAST :: www.nccoestalmananement.net revised: 02115110 NI;C.[3i4ision of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Bailey Date:_11/15/16 _ 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. Activity Name . Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Platform 1 New Work ® Maint ❑ Replace ❑ Y ® N 3' 3' revised 02/15N0 NG• Revision of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Bailey Date: 11/15/16 . . . . • . _. . -. -- - 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 and/or temp restoration or temp impact temp impacts) impact amount) temp Impacts) amount Shallow Bottom Dredge ❑ Fill ❑ Both ❑ Other R 9 ft2 9 ft2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888.4RCOAST :: w .nccoastalmanaaement.net revised: 02/15/10 PAT MCCRORY �a Governor DONALD R. VAN DER VAART a Secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director November 15, 2016 Mr. Robert W. Bailey 7225 Churchill Drive Wake Forest, NC 27587 Dear Mr. Bailey: The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located within Bogue Sound adjacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. It was received on November 4, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is January 18, 2017. 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 November 4, 2016, 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. Nothing Compares�- State of North Carolina I Envhomnental Qualityi Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 909 2808 T An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, JA "4 Brad Connell Coastal Management Representative Fro Enclosure CC: Roy Brownlow, District Manager Courtney Spears, Asst. Major Permits Coordinator Nothing Compares State of North Carolina I Envuronmeotal Quality I Coutal Management 400 Coonoeme Ave I Morehead City, NC 28557 252 808 2808 T AMA PERMIT APPLIED FOR PROJECT: thin Bogue Sound near 204 Oa Pine Knoll Shores. COMMENTS HO APPLICANT: Mr. Robert Bailey 7225 Churchill Drive Wake Forest, NC 27587 December'S, 2016 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Brad Connell - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 tom¢urt STATE OF NORTH CAROLINA COUNTY OF WAKE I, JAMES A.. BAILEY, SR,.a resident of Wake County, State of North Carolina, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking all former -wills and codicils heretofore made by me. . ARTICLE -I PAYMENT OF DEBTS, EXPENSES AND DEATH TAXES PAYMENT OF DEBTS AND EXPENSES. All mydebts,.health care expenses, funeral and burial expenses and the administration expenses of my estate, shall be paid out of my Residuary Estate. I authorize -my Executor, in its discretion, to spend more -than is otherwise allowed:by law fora suitable gravestone and for perpetual. care of the lot upon which my grave is . located,. PAYMENT OF DEATH TAXES. All death taxes.(other than death 'taxes which are paid from property. passing -outside of this pursuant to the terms of the governing instrument) shall be paid out of my Residuary Estate as an administration expense and shall not be charged against or recovered from any recipient or beneficiary of the property taxed, except that my Executor shall recover as providedby law any death tax attributable to property-(i) over which I have a power of appointment, (ii) in which I have a qualifying income interest for life, or (iii) in which I have a retained-interest.for life to the extent that any death tax recoverable by law is not'otherwise paid oiit-of such property. ARTICLE II . DISPOSITION OF ESTATE GIFT OF TANGIBLE PERSONAL. PROPERTY. I give all my tangible personal property thatwas not held by me solely for investment purposes, used primarily in any trade or business in which I,have an interest; or included with devises of real -property in this Last Will and Testament,, including; but not limited to, my automobiles, household furniture and furnishings, clothing, jewelry, collectibles and personal effects in equal shares to such of my children as survive me to be divided as they shall agree or if they fail to agree within six months from .the date of my death then as determined'.by my Executor. My Executor shall dispose of the remainder, if any, of my tangible personal property by selling it and adding the proceeds therefrom to my Residuary Estate or by transferring it in kind to my Residuary Estate for disposition as hereinafter provided. The costs of Page 1 safeguarding; insuring, packing, storing and delivering my tangible personal property to any beneficiary under this Article II shall be. paid from my estate as expenses of administration. GIFTS OF INTANGIBLE PERSONAL PROPERTY. A. I give the sum of Five Thousand Dollars ($5,000.00) to JESSIE'DENTON, if he survives me. B. I give the sumof Five Thousand Dollars ($5,000.00) to BEN HARRIS., if he survives me.. C. I give.the sum of Five Thousand Dollars ($5,000.00) to ROBERT HOLLIFIELD, if he survives me. D. I give the sum of Five Thousand Dollars ($5,000.00) to GLAD TIDINGS CHURCH in Morehead City, North Carolina. E. I give the sum of Ten Thousand Dollars ($10,000.00) to BAYLEAF BAPTIST CHURCH, in ..Raleigh, North Carolina. P... I give the sum of One Thousand Dollars ($ F,000.00) to PEGGY TEEL, if she survives me.. G. ': I'give the sum of One Thousand Dollars ($1,000.00) to LO.0 WHITE, if she survives me. H. I give the sum of One Thousand Dollars ($1,000.00)'to,YIRGINIA RAGLAND, if she survives me. L I give the sum of One Thousand.Dollars ($1,000.00) to JOSEPHINE. NAYLOR, if she survives me. .1. I give the sum of Two Thousand Dollars ($2,000.00) to RICHARD JILES, if he survives me. K. I give the sum. of Ten Thousand Dollars ($10,000.00) to BARBARA TILTON, if she survives me: GIFTS OF:REAL PROPERTY AND PERSONAL, PROPERTY THEREON A. 'I give; devise and bequeath -all right; title,. and interest owned by me at the time of my death in the real property and any improvements and.tangible personal property thereon, located at and known as 204 Oak Leaf Street, Pine Knoll Shores, North Carolina, to my child, R. WAYNE BAILEY, if he survives me. B. I give; devise and -bequeath all right,;title; and interest owned by me at the time of my death:in.the real propery and any improvements and tangible.personal property thereon, located at. and„known as 8908`Creedmoor Road, Raleigh, Wake County, North Carolina, and as further described in the Deed recorded in Book 6850,.Page 208, of the Wake County Registry, to my child, 'CRAIG BAILEY, if he survives me. Page 2 GIFT OF RESIDUARY ESTATE. I. give my -Residuary Estate, being all my real and personal property, wherever located, not otherwise effectively disposed of, but without exercising any power of appointment over property which.I.may have, in equal shares to my children, R: WAYNE BAILEY; JAMES A. BAILEY, JR, and CRAIG BAILEY; and if any of them predeceases me, leaving issue who survive me,:I give to those issue, per stirpes, the share their parent would have received if he had - survived,me ARTICLE III TRUST AND TRUSTEE PROVISIONS TRUST FOR ISSUE UNDER AGE TWENTY-ONE (21). If a share of my Residuary Estate is given, outright to a beneficiary who has not.reached.the age oftwenty-one (21) at the time of mydeath, suchsliare shall not be distributed to such beneficiary, but, instead, I give such share tathe Trustee famed below; to be -held in trust for the benefit of the,beneficiary, together with any other property payable:to the Trustee as a result of my death. for the benefit of the beneficiary, and disposed of as follows: A. DISTRIBUTION,UNTII. BENEFICIARY REACHES AGE TWENTY-ONE (21) OR DIES. Until the'beneficiary reaches the age of.twenty-one (21).or sooner dies, 1. The Trustee'stay distribute' all or any portion of the'trust'property to or "for the benefit of the beneficiary in such amounts and at such times as the Trustee, in its 'discretion, may determine. Any undistributed .income may be added to the principal of the trust from time to time. as the Tnistee; inits"discretion,.may determine:' 2. As a guide to the Trustee and without limiting its discretion, it is my desire that such discretion be exercised for such purposes as the Trustee shalydeem reasonable and appropriate in providing for the support, health; and education.of the beneficiary. The Trustee may take into consideration other financial"resources ofthe beneficiary, "but is not required. to do so. B. DISTRIBUTION WHEN BENEFICIARY.REACHES THE AGE OF TWENTY- . ONE (2.1): When the beneficiary reaches the age of twenty-one (21), the Trustee shalldistribute. the then remaining trust property to the beneficiary. If the beneficiary dies before reaching such age, then upon of the -beneficiary; the Trustee shalLdistributethe then remaining trust :. prop'erty.toctlie estate of the beneficiary: . C. 'APPOINTMENT OF -TRUSTEE. I appoint the -surviving parent of a beneficiary to be Trustee of anytrust created under this Will for such beneficiary. If a beneficiary does not have a surviving parent, or if a beneficiary'g surviving parent shall fail to qualify, resign or otherwise cease -to act as Trustee of any.trust created under:this Will for such.beneficiary, then a successor Trustee. shaft be appointed as provided in Paragraph E. of this Article III. D. Any Trustee ofa trust.created under this Will shall have the right to resign without court order as Trustee at any time by giving written notice to the person or persons designated 11BA Page 3 below who are authorized to appoint a successor Trustee. Such resignation shall become.effective upon acceptance of the trusteeship by -a successor.Trustee. E. If a parent appointed as Trustee in Paragraph C. shall fail io •qualify or ceases to act. as Trustee for any reason, the beneficiary of the trust shall have the right to appoint a successor Trustee.without court order within thirty (30) days of such Trustee's'resignation or other failure or cessation to act. If a beneficiary is a minor or. not competent,.the appointment on his or her behalf may be made by a person who is (i) the general guardian or guardian or conservator of the. beneficiary's estate.or, if none, (H) the parent of the beneficiary or, if no such parent is living and competent, (iii) the`guaidian of the person•of the beneficiary. If the beneficiary shall fail to appoint. I successor Trustee, the current Trustee shail:apply to a court of competent jurisdiction for the appointment of a successor Trustee. For the purposes of this Article IV, the term "beneficiary" shall mean a person then entitled to For distributions of trust property from a trust whether in the discretion of a Trustee or otherwise. F. Any successor Ttustee appointed pursuant to the foregoing provisions must be (i) . an association or corporation qualified to exercise trust powers or (ii) an individual. 0. A.successor Trustee shall indicate acceptance of the.trusteeship by signing.an instrument to that effect and,delivering it to the person or persons having the ;right of such appointment and the then acting Trusted, if any. This method of acceptance shall be exclusive to any, other method otherwise allowed by law. If the person having. the right of such appointment shall fail'to appoint a successor -Trustee, the current Trustee shall:apply to a court of competent jurisdiction for the appointment of a successor Trustee. H. A Trustee and auy successor. Trustee may.act without qualifying before any court, and the Trustee need not obtain authority'or approval of any party in the exercise of any power conferred hereunder,.nor make current reports or accountings; but the Trustee shall, at least annually, fiunish to:each adult beneficiary and to the guardian, if any, of a minor beneficiary a statement showing the property then held by the Trustee and the receipts and disbursements .thereunder. No persondealing.with the Trustee shall be obligated to inquire into the Trustee's powers'or to see'to the application of any money or property delivered to the Trustee. I. I direct that no security or bond be required of any parent or corporation appointed as Trustee in Paragraph C. of this Will. J. Any successor Trustee shall•have; exercise and:enjoy.all.of the rights, privileges andpowers, both discretionary and ministerial, granted to the original Trustee, including the right to resign,. and, shall incur all of the duties and obligations imposed upon the original Trustee. Also, any: successor Trustee shall not be liable for any acts or omissions of any predecessor Trustee. K. A corporate Trustee shall receive compensation -for the. services it renders to a trust according to. its regularly adopted schedule of compensation in effect and applicable at the time of the performance of such services. An individual Trustee may receive that compensation for.such Trustee's services which is allowed by law at the, time the services for the trust are rendered. Page 4 ARTICLE IV . CHILDREN At the time of the execution of this Will, I have three (3) children, to wit: R. WAYNE BAILEY, JAMES A: BAILEY, JR., and CRAIG BAILEY. ARTICLE V EXECUTOR I appoint R. WAYNE BAILEY; JAMES. A. BAILEY; JR;, and CRAIG BAILEY as Co= Executors [hereinafter referred to collectively as "Executor"] of this my. Last Will and Testament - If any one (1) or two (2) of my Co -Executors shall fail to qualify or cease to act as my Co - Executor, it shall not be necessary to appoint a successor Co -Executor in such Co -Executor's place, but in such event, the remaining Co -Executors) shall act as Executor hereunder. If it becomes necessaryfora representative of my estate to qualify in anx jurisdiction other than the State of North Carolina in which my Executor shalLbe unable or unwilling toqualify as Executor, then my Executor shall have the right -to appoint an individual or corporative representative of my estate in such jurisdiction. WAIVER OF BOND AND COURT SUPERVISION: I direotthat my Executor or any successor herein named shall serve without bond or other security. My Executor may act without qualifying before any court or filing with any court any inventory, accounting or other report relating to the administration of my estate unless otherwise required by law to do so. COMPENSATION OF EXECUTOR: A corporate Executor may receive compensation for its services in accordance with its published schedule of fees in effectat the time the services under this Will.are rendered. An individual Executor may receive that compensation for such Executor s:serviceswhich is allowed by law at the time the services under this Will are rendered. ARTICLE VI ADMINISTRATIVE POWERS OF FIDUCIARIES I hereby grant to my Executor and also to the Trustee of any trust established hereunder, including any substitute or successor Executor or Trustee, the continuing, absolute; discretionary , power to deat with any property, real or personal, held in nry,estato, as freely as I might in the handling ofmy own affairs. Such power 'shall be exercised independently and without prior or subs6queht approval of any. court or judicial authority; and no person dealing with the,Executor shall`berequired to.inquiie into the propriety of'any of their actions. "Without in anyway limiting the generality of the foregoing, I hereby grant to my Executor and my Trustee, including any sribstitute or successor -Executor or..Trustee, hereunder all the powers set forth in Section 27 of Chapter 32 of the North Carolina' General Statutes, and these powers are hereby incorporated- by reference and made a part of this instrument, and such powers are intended to be in addition to and . not in substitution of the -powers conferred by law. Page 5 POSSESSION AND DISPOSITION OF REAL PROPERTY. With respect ho my Executor, the.power to take possession, custody and control of real 'property owned by.me at the time of my death, other than real property specifically devised in Article II,'even though title to such real propertyis not devised to my Executor, and to sell, exchange, give options upon, partition, Iease, mortgage or otherwise dispose of any such real property. DISTRIBUTIONS TO OR FOR THE BENEFIT OF, A BENEFICIARY. Whenever authorized or, directed to distribute propertyy to a beneficiary, whether or not under a legal disability, my Executor and Trustee shall have the power to distribute such property, unless otherwise directed, (i) directly to such'beneficiary, including the -transfer. of property into such beneficiary's naive as by depositing cash or registering securities in his or. her name, (ii) to a custodian or custodial trustee for such beneficiary under a uniform gifts or transfers to minors act or uniform custodial trust act, including a custodian or custodial trustee designated by a fiduciary, which may be the fiduciary, (iii) to the guardian or conservator of suchbeneficiary's estate or (iv) to anyotherperson, firm or*. institution for the benefit of such beneficiary, and the receipt of any of the foregoing shall constitute a full acquittance of the fiduciary tv the extent of the distribution so made. RETENTION AND ACQUISITION OF BANK SECURITIES. The power (i) to retain for any period or periods of time securities which are securities of any corporate fiduciary acting under this will or of any corporationowning'stock of the corporate.fiduciary or of any subsidiary or affiliate of or successor to such corporation and (ii) to acquire such securities by purchase, exchange or otherwise. ARTICLE VII PRESUMPTION OF SURVIVORSHIP For purposes of this Will, if any beneficiary under this Will and I should die under such circumstances that there is uncertainty,as.to which person predeceased the other, it shall be 'conclusively presumed that such beneficiary predeceased me. ARTICLE VIII EXECUTOR, TRUSTEE AND FIDUCIARY. The tens•"Executor" or "Executors" includes�any personal representative or representatives: of my esiater acting under this wiil.such as a. successor Executor or'Executors and any Administrator with the .will annexed: It also includes the . ..term "Executrix" whenevek the context requires it. The term "Trustee" or "Trustees" includes any Trustee or Trustees; acting,under a trust to vyhich properly passes pursuant to this will, and the term "fiduciary" or' "fiduciaries".includes bothmi Executor and. a .Trustee: The designation Executor and Trustee; and references to eithdr.as IV'; is used' herein, shall includesingular, plural, masculine, feminine; neuter and possessive case as required by context. DEATH: TAXES. The term "death taxes"'meads inheritance, estate, transfer Aid succession taxes, and any interest and penalties onthese taxes, imposed by reason of my death by any Page 6 jurisdiction with respect to property passing under or outside of the provisions of this will or any codicil to. it which is includable in my estate for the purpose of determining such tax, including, but not limited to, any tax on properly includable under section 2036.(relating to transfers with 'retakned'lkfe estate), section 2041 (relating to powers of appointment), section 2042 (relating to life insurance proceeds) or section 2044 (relating to qualified terminable interest property) of the Internal Revenue Code of 1986, as.amended, or any comparable provision of state law, but . excluding, however, any tax imposed by section 2032A(c) (relating to qualified real property), .or chapter 13 (relating to generation -skipping transfers) of the Code; or.any comparable provision of , state law. CHILD, CHLDREN: AND ISSUE: The terms "child" and "children"mean lawful•lineal "blood descendants in the first degree of the parent designated, and the term "issue" means lawful lineal blood descendants in any degree of the ancestor designated, but such terms shall include any person legally adopted prior to the time that person reaches the age of eighteen (18) and the lawful lineal descendants of any such person, whether of the blood or by adoption prior to such age. PER STIRPES. Whenevera distribution is -to be made uuderthks Will to a designated ancestor's issue who are living at a designated time, and such distribution is to be made per stkrpes", such distribution shall be made by first determining the. generation nearest to such ancestor which hwa.personwho represents that generation and who is living at the designated tinme.'The property to bedistributed shall be .divided into as many equal shares as maybe necessary to allocate. one share to -each then living person of that generation and one share to each deceased person of that generation who left issue who are then living. Each living person of that generation*' who.has not effectively disclaimed his or her share for federal tax purpose's shall receive one share, and the share.of each deceased person of that generation and of each living person of that generation who has effectively disclaimed his.or her share shall be divided among his or her then living issue in.the same manner. TRUST PROPERTY: Unless the context indicates otherwise, references to "trust property mean the net undistributed income and principal of the trust. I, JAU ES A. BAILEY, SR., theTestator; sign my name to this instrument this Alday of February, 2012, and being first duly swom, do -hereby declare to the undersigned authority that I sign and execute this.instrument as my Last Will and that I sign it willingly, that i. execute it as my free afid':voiutitary act:for the purposes:therein expressed;: and that t elm eighteen years of age, or older, of sound mind and under no constraint or undue influence. (SEAL) JAMES A. BAILEY, SR. We, 0,FV-PA<Iih 5mr and l�jccrbQl-a �i.111c aniel ,.the witnesses, sign our names to this instrument, being first duly sworn,. and do hereby declare to the Page 7 undersigned authority that the Testator signs and eke 'cutes this instrument as his last will and that he signs it willingly; and that each of us, in the presence and- hearing of the Testator, hereby signs this will as witnesses to the Testator's signing, and to the best of our knowledge the Testator is eighteen (i8) yearsbf age or older, of sound mind,. and underno constraint or undue influence. WITNESS ADDRESS ... )`-'Q�7 �%iLtl... 7�L-�1( `�L Lfi1.L.fA�(•. ��.�,^""".l. ��ioNr �� i WrI'NESS ( ADDRESS NORTH CAROLINA WAKE COUNTY Subscribed, swom•to and acknowledged before me by JANIES A. BAILEY, SR., the. Testator; and subscribed.andswom to before ine by 0, Etatie lin Sm i"}% and �RrbArA f3 Y►1 c D6w i e I' witnesses; this ;day of February, 2012. Notary Public . . -My conunissionexpires:CJ c0� ci!.Nr SE09ERR1r NOTAiIY'P(16Uc ' This will:was drafted- Cl axles H: Sedbe attorney MvaKECOUrerYtNc Y rry Y My B=442M. 4066.Barrett Drive; Raleigh, NC. 27609' Page 8. Cort . filBeret .County Register _ @a/30/2e00 .. $7.00.00 rt=ApTjL1A .pBT Rail -Estate vPP' Exela. Tax, $ 700.00 TAX Tot No. Vortded by. by......._... NOMN CAROLINA, CARTERET COUNTY TAe koala rtp caap0010(s) of Note ry PobllNe) lelem rectified t0 be 00MCL The 1r,stnavant artd tide wato the Boo11* k page 1, UII da10 end Seat and bt erN PegeWwWh on Ike nm Page hereof. M01011e ArtMJ,prsku„m0� . Cir eretRrerunt Register of Deeds CS Date 03/30/2000 Time I2rH7r00 OR 579310:" -Page 1 of O .................. Parent Identifier No.JUASURALM45......... .............. __ County on the .............. day o1..........._............................... ........... MAafter rewrding to............. ..... . .......................I............................................................................ ......... ... _._..Rn.4....Rx;gi[BI:.4A...Hvcahead..�Citsw.Y0..2BSSE............... ............................. _... ................................ Thte lukumut was pnpared by ... Bdith.Y...tlaaoa,..Attorae�..at..Lest ...... .......... ......,............... Brief ducrlptloo for the led@ W Bk. PB MR, 6S NORTH CAROLINA GEN13RAL WARRANTY DHHD T= DEED made this Ant... do GRANTOR of .......... .March_....... 2000. ,, by and RICHARD A. GUSTAFSON and wife, GLORIA J. GUSTAFSON JAMBS A. SAILEY, SR. (unmarried) 5201 Beryl Road Raleigh, KC 27606 sot" te apWOprlate @tuna fa mach Pa*l some, anent; am. B app our ate, ehanater N amy, µ aorpvmat4s ma Osrlsaahfp, The designation Grantor and Grantee as used herein @halt leclod0 uld pparGe4 chair heirs soeesuoa shah Include shtaular, pinral, mascall", feminine or neuter ag ragvlred by eoatert. , sad aullas. @mad WITNESSETN, that the Greater, for a valuable eoodderaGaa Fuld by the Greatest, the receipt of which Is hereby cal aowled2ed, bag and by thus presents does rM16 bargain, a@ I and convey made the Grantee In fee simple, dl hot :ettaiu tot or panel of land situated in the City of ........................................................... ................ ............ . „ No 144 .................. ed . .... Township, ...Castezet ........................ Covaty, North Cwllaa and mono Particularly described u fellowas ..............•...... "" w 4 BEING all of Lot Twenty -Four (24) in Square or Block "W" , of the Pine Knoll Shores Subdivision as shown on that certain map recorded in Hap Book 6, Page B, Carteret County Registry. ow BOOK g%C% PAGE L C tra.a,. im>t wa r O Iwo. ammo Im-rrrar,r.rm.nara.aaarr r+..ae^.araerr.m 0 The property hereinabove described was acquired by Grmtgr by laetrumeat recorded in Deed, Book 704t, Page, .3 ..._. A map showing the above described property to recorded In Plat Hock ............... A................. pa ge.:..._.R.............. TO HAVE AND TO HOLD the aforesaid lot or parcel of land said all privileges and appurtenances thereto belonging to the Grantee In fee simple. And the Grantor covenants with the Graatee, that Grantor is seised of the premises in fee almple; bas the right. to Convey the same In fee simple, that title 1, marketable and free and Clear of al! encumbrances,and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the "ceptlooi hereinafter stated. Title to the property herelaebove described Is subject to the following exceptions.. EASEMENTS( RESTRICTIONS AND RICRTS—OF—NAY OF RECORD e•ryw to mamm, by iom ts dWy "re' r•ne Yp m Me 14mi•" ju be a•nmi aeainied 6. 6,1 o ui :( iu eaW,1116=bn, lees wVS " pert above wvtteW -----------------•. - - ----••- _....--------........ 11' » _� max) --------- leatpona Name) RICRARD A. CUSTAF 0 ............................Presidnt d G 1W i/ A1}Bif --___.........—......-----(IRA" ATraln 3--------- ----_------------ •-••••-------- ____'-___lsear,) ...................... — .... aacearq(Corp•rate teas Iq . P---------------------------------------------------- -- --_ -nisei NORTe CAROIANA...... ;' '•. • ;- 1. a NOW, public el Me Cam, said ann ante Manual, sashson«_ ay d tttebard-.A'-Gttatefzeu.... .. Canty 401 A_)? y .._ eR?_ Cj-gxjlLA j SrltvxGxvRO._-..«.....-_...:».._.«._—_..........»..—.......... araor•r. a • l p•nooaar apyand befar• mat s tbla gar bad tm,ewtedaatt a ice u•ou of the fanaonmat l I nmwinan sty V AU B 0 iv head ma efnew .temp Or !tat this .a'� w of ...HP;Sd.............. 2000 r.; rfh'pr rnUN�•.� py csmmlurO wlnn03....._ ---- "bue INAGat'Aatp Nowrp CAROLW&.......... —--------------- snow. I, a N•rtr Pubis• at Me Costly bad ant• {twists, arm oat y Poisoner ame b•tab me this May no admowNdr•d am --- h. be .»—......-•---...»».. a.onry a A_..-------------------------._«..--__..... Nam po Came= emnpao. an We b aummty duty them, ad u me act dice avema u, the turaana mrlrumeat W.. dgma I,tr acme by as .»»»........ 6 pradamt, net" with no amarar sib sta »turd by »—.._.... a IN ... ....... : ateratn>: 6 Wonae toy baud sta amid ermp Or 8804 tbr. ---day at ---..---�-----_-• --__ . WcaomdWst wino..— .......... —...... «—.—...-• ... ................... ».... ..... Notary Pabae rb• to[aonl C•piftar(s) of ...........»................ «... ................................ ... ................... — ................ —_ _.—............... —........... —..... :_.....---.._—............._•--•____—_---_-_--•__•--_.»....._—._..—.—.......--.�_.— r/aa ••ecltna n be e•met TWO np eat led as, 4210N r are Far. nrrt•nd d the date "a ume dad n the nax and pas mowb as the atrrt va• Lnoe. ................ —_.—............. —...... — .... ».._ or ohms tees—. b__—........................... —..... »t.aedmtd 10a4 ' BOOK-w i PAG NGa.Aim Fott•.20 Nn. Rad.dO tm-rwreo4r.rm,wrr�aaer -.. er...�eeraer.r._r• Connell, Brad From: wayne bailey <rwaynebl@yahoo.com> Sent: Friday, November 04, 2016 4:59 PM To: Connell, Brad Cc: Teresa Bailey Subject: Re: proposed location Can we change to 34.705147,-76.803167? Please advise. Best regards, Wayne From: "Connell, Brad" <brad.connell@ncdenr.gov> To: wayne bailey <rwaynebl @yahoo.com> Sent: Friday, November 4, 2016 3:29 PM Subject: proposed location Mr. Bailey, These coordinates that you submitted, 34 42.98, -076 48.201, are located 4,000' offshore out in the middle of Bogue Sound. Can you please verify these numbers for me? Brad Connell Field Representative NC Division of Coastal Management htti)://oo rtal.ncden r.ore/web/cm/dc m-home (252)808-2808 ext. 214 Brad.Connell@ncdenr.gov 0- `':'!`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 THIS SECTION late items 1, 2, and 3. our name and address on the reverse t we can return the card to you. this card to the back of the maiipiece, he front K space permits. liddressed to: Mi4ohel\ �sed��h , �H o3a63 Ii l llllll IN 1111111111111101110111111 it l l I III 9590 9402 1398 5329 3011 49 7015 3010 0001 8426 4792 PS Form 3811, July 2015 PSN 7530-02-000-9053 Complete items 1, 2, and 3 A. S,S nature p j11 Agent x l i11J (1 Y \ Il Y 0_J O, V ❑ Addle B. Received by (Printed Nemel I Cc.D�Y� D. Is delivery address different from Rem 17 Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Adult Signature Reshleed Delivery ❑ Registered Mail' ❑ Registeed Mail Restricted ❑ Certified Mal® ❑ Certified Mall Restricted Delivery Delivery e uurn R IPt� El Return ❑ Collect on Delivery is ❑ Signature ConfinnationTM ❑ Collect on Delivery Restricted Delivery Signature Confirmation ❑ Insured Mall ured Melt Restricted Delivery Restricted Dell Print your name and address on the reverse X ;o that we can return the card to you. Attach this card to the back of the mailplece, B' or on the front it space Permits. uncle Addressed be: I I D. Is delivery If YES, en Rica-wlcd She 20a 00L%eke&( �� pim �rtoll shores fx zx51� IIIIIIIII IIII IIIIIII IN II II 1111111111111111111 9590 9403 0543 5173 0208 38 2. Article Number (Frans l r from service IOW 7015 3010 0001 8426 4785 753D-02-000-9053 Domestic Return Receipt Agent Addresses ' Name) C. Date of Delivery m ❑ Yes dress below: '4 OCT 1 s 2016 3. Service Type ;Y,;: 0Prlorlfy Mail EVm ❑ Adult Signature "-0-29 stared MaflTM D Adult signature Restricted Delivery ❑ Reglstered Mall Re, ❑ Certified Mall® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery O Signature Confirm Insured Mell ❑ Signature CorMinna Insured Mail Restricted Delivery Restnaw Delivery —nvu, csnnl uomesnc return necerpr PAT MCCRORY 7 Govemor 1.0 DONALD R. VAN DER VAART secretary Coastal Management ENVIRONMENTAL QUALITY BRAXTON DAVIS Director November 15, 2016 The Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: PublicNotice— RobertBailey Dear Sir: Please publish the attached Notice in the November 20, 2016 issue of The Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Courtney Spears Roy Brownlow Nothing Compares�� State of North Carolina I Envnomnemal Quality I Coasml Mauagemem 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 4, 2016. According to said application, Robert Bailey proposes to construct an osprey nesting platform within Bogue Sound, near 204 Oakleaf Drive, Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to December 15, 2016, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: November 20, 2016 Nothing Compares�- State of North Carolina I Envirunmewl Quality I Cmml Mwgement 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Bodnar, Gregg From: Jonathan L. McDaniel <jmcdaniel@bizec.rr.com> Sent: Wednesday, April 26, 2017 3:05 PM To: Bodnar, Gregg Cc: Wayne bailey FILE Subject: CAMA Permit no. 28-17 for Osprey Platform Attachments: IMG_0954JPG; SKM_C454e17042615030.pdf Gregg, Attached are the as -built items requested in the additional conditions of the permit for the Osprey Platform at 204 Oakleaf Drive in Pine Knoll Shores. Please let me know if this digital submittal is acceptable, or if you want us to send you actual hard copies. Thanks, 44a Jonathan L. McDaniel, PE Vice President PARKER & ASSOCIATES, INC. Engineers* Surveyors*Planners 306 New Bridge Street Jacksonville, NC 28540 (910)455-2414 Firm License Number - F0108 �T4 6i6 Virus -free. www.avast.com Connell, Brad From: Connell, Brad Sent: Tuesday, April 04, 2017 1:54 PM To: 'rwaynebl@yahoo.com' Cc: Brownlow, Roy; Huggett, Doug;'Richard Seale';'Teresa Bailey' Subject: As -Built Survey Importance: High Mr. Bailey, The DCM is in receipt of your Attachments "A & "B" in order to satisfy Condition #6 of CAMA Major Permit 28- 17. Attachment "A" is satisfactory in complying with Condition 6. However, Attachment "B" is not. An as -built survey necessitates the signature and seal of a professional surveyor. This as -built survey needs to be submitted to this office within the 60-day time frame described in Condition #6. If you have any questions in the interim, please do not hesitate to contact me at the number or email below and I will try to assist you. Thank you, Brad Connell Field Representative NC Division of Coastal Management h tt D: // D o rta I. n c d e n r. o re /web /c m /d c m-h o m e (252)808-2808 ext. 214 Brad.Connell@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. Male-1 Pac4_ Osprey PlclV{eKm 34 42 •9Es 0 l7& % 40 r vJ Prik , n,efr "F5' f ff o c Lv, SoQnd A,y %,ri1-F �c3ey �ro eel name. i(YIcIJe�?a��. �sp���{-ter^^ A.Pplicz+YrF jZ.vS �\ey , Sr line) 6rkla JQel)ell I F-W ia.:le �,5r 2ce oo]eleaF V4 qajc\e&E RECEIVED MAR 31 2017 DCM- MHD CITY 5:a�e,- din=!cU% �yea\e aoa O�0eaE G aria_\ March 28, 2017 Mr. Douglas V. Huggett Major Permits Manager NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Osprey Platform As -Built Survey Dear Mr. Huggett, The McNeil Park Osprey platform has been completed (Permit Number 28-17). 1 have attached a picture showing the completed project with the requested signage (see attachment "A"). I have also included a vicinity map of the completed project(attachment "B"). If you need any further information, please let me know. Sincerely, Robert Wayne Bailey Sr. RECEIVED MAR 31 2017 DCM- MHD CITY r �20 Notes: Legend: -site* 1. All distances are horizontal ground, U.S. survey feet. D.B. - Deed Book 2. The GPS portion of the boundary/control work was performed E - Eastirg Nat to third order, Class I, FGCC specifications, the coordinates M.B. - Map Book W. C Dr were obtained by Real Time Kinematic Differential 6175 Observations N - Northing 2. using Trimble Survey Grade 58M GPS Unit, NCG5 RTK Network Adjustments NS - Nail Set To Emerald Iae 3 i To Bea to NC Grid NAD '83 2011 Adjustments. Pg. - Page "t—_ —W salt`' Path Rd, Rrewood Urde 3. Adjoining property information per Carteret Canty Tax Records. 4. Docks, piers, and property lines beyond bulkheads not shown for clarity. V1Ci171ty Sketch Osprey Platform \ N-354,872.70 \ E=2,660,170.95 I \\ cal w w� 34ttt SEAL t L-2884 121, Wide C., Bulkhead \ gj� \ d \ \ N-354,35a.78 \ Ea2,660,480.1 \ 1 121, W.wd Bulkhead - 588-36'2D'W his NS N=354,334.43 Nc354,324.59 6•Wood Ea2,660.59( 75I E=2,b60.186.74 A'46aay N=354,30368 m N Boat Romp Area iP y E-2,660,368.23 y I IR. Q 5S u Wayne Boiky $ D.B. Pg. 310 Ri hard C. Scale I 4 Slack Trustee ETAL MWail Inlet Park MA.6, g.8 M.B. 6, Pg.8 D.B.Pg. 195 @ LotI Block W Pim: Kuril Shore, M.B..D. 6, b, Pg. 8 LOCATION MAP Osprey Platform at #204 Oakleaf Drive PINE KNOLL SHORES, CARTERET COUNTY, NORTH CAROUNA SCALE: 1"=100' DATE: 04/24/17 FILENAME: PKS Osprey-exhibiLdwg DWN.: JJL JOB NO.: S170405-6487 DISK: ACAD #2676 i W17 PARKER A IA . Consulting Engineers - Land Surveyors - Land Planners Jacksonville, North Carolina 141 07 P.O. Box 976 - 28541-0976 306 New Bridge Street- 28540 Phone (910) 455-2414 - Fax (910) 455-3441 Firm License Number: F-0108 is Z:\Land Protects 3\Pine Knoll Shores Osprey Platfrn \dwg\PKS Osprey- hibit.dwg, 4/23/201710:2955 AM, JJL E o; Coastal Management t ENVIRONMENTAL QUALITY MEMORANDUM DATE: November15,2016 TO: Courtney Spears THRU: Roy Brownlow 0)t FROM: Brad Connell PAT MCCRORY Coven r DONALD R. VAN DER VAART Secretary BRAXTON DAVIS AMMI, AD9 dt oAAKt N() bk(X,y4 poll tin i Iva SUBJECT: Comments and Recommendations - CAMA Major Permit —Robert Bailey, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal will impact 9 square feet of Public Trust Waters. This proposed development is outside of the applicant's riparian property area, as it is proposed on the other side of the defined navigation channel. These waters of Bogue Sound are open to shellfish harvest. This waterbody is not a Primary Nursery Area. This proposal will not pose a hazard to navigation. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1 Prior to construction under this permit, the penniftee must apply for and receive an Easement from the Department of Administration's State Property Office as required under N.C.G.S.14fr12(e). 2 The permittee must 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 a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 3 The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4 The authorized structure and associated activity must not cause an unaccep able interference with navigation. j, 4)0 CAtz�t..L Gam-:, °f � G,�:JCw:ne, f &-rc)5(_j4!e 14,14 fquf4,4 (xb AY, ,I C NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 6 qw 64._� bbc4. t 5r"4, Moo t; , a Ste/ d&#---,,J Jk; P NOTE: Future development of the permittee's property may require a modification of this permit. a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. CC: Roy Brownlow, DCM AIM0- e, f l,i^� as i s Ott 0SPI cl A/rv5 Lt�y 6es a v F. Nothing Compares State of North C=Hw I Envho=emal QualityI CImWI Maoage=w Address 400 Commerce Avenue I Morehead City, NC 28557 r ON MP-1 APPLICATION for Major Development Permit (last revised IZ/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name Project Name if applicable) . / Applicant 1: First Nam/e MI Last N TAev Applicant 2: First Name MI Last Name H eddRional appsceMs. please emach an additional page(g) with names listed. Mailing Address PO Box City State ZIP Country Phone No, FAX No, Street Address (if different from above) City State ZIP Email 12. AgentContractorinforma-don Business Name - Agent/ Contractor 1: First Name -- MI Last Name `.� Agent/ Contractor 2: First Name MI Law Name MailingAddress PO Box City Slate ZIP Phone No. 1 Pitons No. 2 FAX No. Contractor e Street Address (if differenthamabove) City State Zlp Email RECEIVED <Form continues on back> 5EP 19 2016 DCM- MHD CITY 252.808-2808 .. 1-86E-41RCOAST :. www.nccoastalmanagement.set Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location County (can be multiple) Street Address State Rd. # Subdivision Name C' State Zip Phone No. Lot No.(s) (if many, attach additional page with fist) 4(ZI "d 6. In which NC river basin is the project located? b. ody of water nearest to p posed project c. is the. caster body identified in (b) above, natural or manmade? tNshemajor water body to the proposed project she. ataral ❑Manmade ❑Unknown :d.closest e. is Pr posed work within city Wits or planning jurisdiction? ;ss f. If applicable, list the planning jurisdiction or city limit the proposed []No work Its within, kqedJ/1 1409 4. Site Description a. Total length of shoreline on the tract (ft 1 b. Size of entire tract (sq.ft.) o. Size of individual lot /) 17 X d. Approximate elevation of trap above NHW (normal high water) or NWL (If many lot sizes, please attach additional pegs with a fto (normal water level) IpHHW or ❑NWL e. Vegetation on trap 17 /f— L Man-made features and uses now on trap I] nd g. Identify and describe the existing land uses adiaQent to the proposed project sse. h. How does local government zone the trap? d project consistent with the applicable zoning? I.=(Attachh /� compliance certificate. if applicable) o ItliA proposed activity, part or an urban waterfront redevelopment proposal? ❑yes o k. Has a professional archaeological assessment been done for the bap? If yes. attach a copy. ❑yes jjeo ❑NA If yea, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? ra 61 Q LTA , <Form continues on next page> SEP 19 2016 CITY 252 808-2808 ., 1-888.4RCOAST .: www.nccoastalmanagement.net Form OCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? or ❑Yes Jgo (II) Are there Coastal wetlands on the site? ❑Yes [P o (iii) If yes to either (i) or (ii) above. has a delineation been conducted? ❑Yes cxlo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. /? lkt, o. Describe existing drinkingsupply source, Awater p. Describe existing storm water management or treatment systems. n/ .. ncurru = All impacts a. Will the project be for commercial, public, or private use? ❑C mmerciai ❑Puclic/Govemment rivate/Community D. Give brief tlescnptio O pu use. and daily operation of the proje when complete. is Describe the proposed construction methodo of construction equipment tope used duri ntruct on yhe_nu or ach type of equipm t and where d s to be storetl.Q D C /� 1��� TL ,9 77 d. Licit all development activities you propose. /'Z- a. Are the proposed activities maintenance of an existing project, new work, or both? �w wok f. What is the approximate total disturbed land area resulting from the proposed project? .Ft or ❑Acres g. Wdl the proposed project encroach on any public easement, public accessway or other area ❑Yea U90 ❑NA 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 stomtwater be discharged into a wetland? ❑Yes gKoz ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SKA j. Is there any mitigation proposed? ❑Yea o ❑NA If yes, attach a mitigation proposal, <Form continues on back> SEP 19 2016 -41 252-808-2808 e: 1-888-4nCOAST :; www.nccoastalmanage Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, 1111) the itelowing items below, it applicable. must be submitted in order for the application package to be complete Items (a) - (i) are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required items below a. A project narrative. b. An accurate, dated work plat (inGuding plan view and cross -sectional itawingsy drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, Geary indicate on maps. plats, drawings to distinguish between work completed and proposed. C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. 0. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified 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 Phone No., Address Name Phone No Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, pennittee. and issuing dates. In. Signed consultant or agent authorization form, it applicable. I. Wetland delineation, H necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement Of compliance with the N.C. Environmental Policy Ad (N.C.t3s. 113A 1.10), it necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7 -I-understand that any permit issued in response to this application will allow only the development described in the application — The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify hat the information provided in this application is truthful to the best of my knowledge. r di Date Print Name Signature Please indicate application attachments pertaining to your proposed project. RECEIVED ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts V❑DCM MP-3 Upland Development SEP 19 2016 M MP-4 Structures Information DCM- MHD CITY 252-808.2808 :: 1-888.4RCDAST :: www.nccoastatmanagement.net Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACJUTY/MARINA OPERATIONS, his section not applicable a. Check each of the following sanitary facll-.ties that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers ❑ Boathokiing tank pumpouk Give type and location: to Describe treatment type and disposal location for all sanitary wastewater. c Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of •Pumpoul AvailabW signs proposed. I. 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 locaton 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 provided m Is the marmaldocking facility proposed within a primary or secondary nursery area' ❑Yes ❑No SFP 19 2016 252.8084808 ::'1.888-4RCOAST :: www-nccoastalmanagemenj.a�t revised:12127188 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/doeking facility proposed within of 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 (SA1), shell bottom (S8), or other wetlands (WL)? If any boxes ere checked, provide the number of square feet affected. ❑cW ❑SAV OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE {including coveresi lilts} --`� This section not applicable a (1) Is the boathouse structure(s)� -- []Commercial ❑PubliNGove nment ❑PrivatelCommunity (ip Number _ (in) Length — (Iv) Width _ NOW Rooted areas are calculated from dhpline dimensions —_: e.g.. woo , s eetp le, etc, If rock groin, use MP-2. Excavation and Fill.) his section not applicable - — ---. -- a. (i) Number -- (ii) Length (lit) Width 5. BR A fe g., wood, sheetpita, etc.} — -- 1s section not applicable 8. Length b Average distance from NHW. NWL. or wetlands C. Maximum distance beyond NHW, NWL or wetlands and BUOY$ his section not applicable a Is the structure(s). b Number _ ❑Commercial ❑Public/Government ❑Pnvate/Community e 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 - RECEIVED SEP 19 2016 232.808-2808:: 1-888-0RCOAST :: �ww-necoastaimanagoment.net revised: I2:27;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 Note: For buoy or nroaing piling, use arc of swing including length of vessel. C. Width of water body e. (I Will navigational aids be required as a result of the project? ❑Yes []No ❑NA (it) If yes, explain what type and how they will be implemented. a. Give complete description. Dote Project Name - Applicant Name Applicant Signature d Water depth at waterward end of structure at NSW or NWT ❑This section not applicable RECEIVED SEP 19 2016 DCM- MHD CITY 252-808-2808 :: 11-888-4RCOAST :; www.nccoastalmanJIMM! 6n -t revlee4a 12/27/08 Attachment to Form DCM MP-4 Section 8a "A„ We propose installing a single pole osprey nest platform structure in the Bogue Sound approximately 555 feet north of the sea wall located at 204 Oakleaf Drive, Pine Knoll Shores, NC. (See attachment "B"). The location of the structure will be in shallow water outside of any boat channels. The structure will be similar to the existing osprey nest platform structure located in the Bogue Sound north of the Pine Knoll Shores Aquarium (see attachment "C"). Attachment "D" shows how the nesting platform will be constructed. The platform will rest on a twenty foot piling set five feet into the sound bottom. Date: September 15, 2016 Project Name: McNeil Park Osprey Platform Applicant Name: R, Wayne Bailey, Sr. RECEIVE SEP 19 2016 DCM- MHD CITY r L _0 a Q- 40 0 M C7 z U CJ N 0 CL O s n _ A AAVs' C 1� � Yt N i z. a raa"y,uc "... i 1 NOW Attachment to Form DCM MP-4 Section 8a Date: September 15, 2016 Project Name: McNeil Park Osprey Platform Applicant Name: R. Wayne Bailey, Sr. RECEIVED SEP 19 2016 DCM- MHD CITY OSPREY NEST PLATFORM Attachment to Form DCM MP-4 Section 8a , „D„ a» t» +aw:vrnu 14sit sad Date: September 15, 2016 Project Name: McNeil Park Osprey Platform Applicant Name: R. Wayne Bailey, Sr. Side View Secure with l'Z" x 14" hex or Carriage boll 16' W" pole Set in ground 4' 0- Use treated or cedar lumber and galvanized hard% are Bolt through w: 3i8" x 8' carriage bolt, each side Top View Opttonal. Anah R�d:,dar bramhaa w W% instead tit w trc nn-.h spa,x 2xb" 3- MMM* from c4-c of box Attach with stainless wood screws 2x6"x5'board 3' square box cut from one RE�IVED SEP 19 Z016 te%1WJ 12 12 fi11' DCM- MHD CITY Connell, Brad From: Connell, Brad Sent: Monday, September 26, 2016 4:11 PM To: 'wayne bailey' Cc: Richard Seale; Teresa Bailey Subject: RE: Osprey nest application Importance: High Mr. Bailey, This application is thorough and well prepared. However, there are some corrections you need to make before the DCM can begin processing the request. These are as follows: 1. Project Narrative: instead of "we" please make consistent with who exactly is applying for the permit, please define what "shallow water" is by noting the normal low water (nlw) depth at this location, please note the diameter of the proposed piling, please correct the piling depth to be consistent with Attachment "D" which shows 4' below grade, and please elaborate on the installation method (i.e. washed in or vibration); 2. Form DCM MP-1, 3a: this proposal is located within the White Oak river basin; 3. Form DCM MP-1, 4a-e, h: please answer these questions as they pertain to 204 Oakleaf Drive; 4. Form DCM MP-1, 4f: please change to 0 sq ft; 5. Form DCM MP-1, 4g: please check the "yes" box instead (Public Trust Waters); 6. Form DCM MP-1, 6d: please include a copy of the deed for 204 Oakleaf Drive; 7. Form DCM MP-1, 6e: please include the $250 check payable to the NCDEQ; 8. Form DCM MP-1, 6f: please include the certified mail signed green cards and the contact information for the waterfront property owners adjacent to 204 Oakleaf Drive; 9. Form DCM MP-4, 7: please answer this section; 10. Form DCM MP-4, 8: please sign and date below; 11. Vicinity Map: please include; 12. Work Plan Drawing: needs to be to scale, please note Lat/Long of proposed osprey nest, please include adjacent water depths relative to low tide, please label waterbody; 13. Side View Drawing: needs to be to scale, please show nest platform relative to the normal high water level (nhw), and please show the piling relative to the substrate and submerged water depth. Thank you for your time and patience. It is greatly appreciated. I look forward to receiving your revisions. If you need further assistance in the interim, please do not hesitate to contact me. Brad Connell Field Representative NC Division of Coastal Management httD://Dortal.ncden r.ore/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell@ncdencaov N. Z-- 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: wayne bailey [mailto:rwaynebl@yahoo.com] Sent: Thursday, September 15, 2016 3:52 PM To: Connell, Brad <brad.connell@ncdenr.gov> Cc: Richard Seale <rseale@ec.rr.com>; Teresa Bailey <teresafbailey59@gmail.com> Subject: Osprey nest application Good Afternoon Brad, I've attached a draft of the Major Development Permit application for an osprey nest platform in the Bogue Sound at Pine Knoll Shores. I'm sure that this draft will be considered incomplete. Please give me guidance on additional information that you will need. Be mindful that this application is complicated compared to the simple project we are proposing. Please advise. Thank you, Wayne Bailey DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Bailey LOCATION OF PROJECT SITE: The project is located within Bogue Sound adjacent to 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. Latitude: 340 42' 18.5286"N Longitude: 76° 48' 11.4012"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 5/19/15 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 11/4/16 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Town of Pine Knoll Shores (7/25/1997) Land Classification from LUP — Developed Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: No (D) Intended Use: Private/Community \ (E) Wastewater Treatment: Existing — None Planned - None (F) Type of Development: Existing — None Planned - Osprey piling and nesting platform (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Shallow Bottom 9 ft' (E) Total Area Disturbed: 9 ft2 (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (II) Cultural Resources: None Project Summary: The applicant wishes to construct an osprey nesting platform for private use within Bogue Sound, Carteret County. Field Investigation Report: Bailey Page 2 Narrative Description: The property is adjacent to Bogue Sound at 204 Oakleaf Drive in Pine Knoll Shores, Carteret County. This 0.8-acre parcel is mostly developed with a single family residence. The adjacent properties are also similar single-family residences. The elevation of the high ground of the parcel is about 4' above the normal high water level (NHW). Vegetation on the lot mainly consists of lawn grasses. This parcel has approximately 110' of continuous shoreline along Bogue Sound. Immediate offshore water depths range from —F to —4' NHW. The subaqueous substrate is firm with shell. There is not a cultural resource in the nearby vicinity of the project area. This area of Bogue Sound is approximately 7,800'across at this location. These estuarine waters are not classified as a Primary t ursN ery Area. There are beds of submerged aquatic vegetation, predominantly Halodule wrightii, in &It, nearby vicinity of the project area. The area is open to shellfish harvest. These waters of Bogue bi IL Sound classified as SA; High Quality Waters by the EMC. There is a defined Federal Channel in „ ell the earb icinity of thiy�project area. / /1i�fa Proposed Development: e )L \ 1 The applicant wishes to construct an prey nesting plat Tin within Bogue Sound, near Pine Knoll i e Shores. The proposed develop n ill take place near 204 Oakleaf Drive, Carteret County. A The proposed singl�iPiling osprey nesting platform would be at 34.705147,-076.803167 in - 1'nlw, approximately 560' north of 204 Oakleaf Drive. Traditional marine construction " �c [ A methodology would be utilized during construction. The proposed development would be loc north of the ad'acent defined channel, outside of the applicant's riparian pro corridor w' in �9ef�' / e ound. 7 — �(,v t4_01ult �60-C ^1 �o S�Q�� Anticipated Impacts:S( k : f r+b�+lit�%y ' Bcy.0 t, ` The proposed osprey nesting platform would shade 9 sq feet of Estuarine Waters and Public Trust 51y ' 7 Area within Bogue Sound. This proposal would be outside of the applicant's riparian property corridor. Traditional marine constructiogmethodolcAy would be utilized during construction. f 4" n V4j�&. There is not a cultural resource in the nearby vicinity of the project area. This project area is P l within the White Oak River Basin. These waters of Bogue Sound are not classified as a Primary tH4 Nursery Area an submerged aquatic vegetation ' present in the nearby vicinity of the project area. This area f Bogue Sound is open to shel ish harvest. These w are classified as SA; High Quality aters. There is a defined�navi tion channel in th earby icini of the project area. — UOY (�,, J -4 put dC S1sUyL/ a .`Ct 11(� Et - 4 -�d n Yt t .� N42 Brad Connell November 15, 2016 /t Morehead City Cesta-'f 7 Bodnar, Gregg From: Spears, Courtney Sent: Thursday, February 09, 2017 1:57 PM To: Bodnar, Gregg Subject: FW: Wayne Bailey legal notice Importance: High Courtney Spears Field Representative Division of Coastal Management Department of Environmental Quality 910 796 7423 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 K`C- Nothing Compares.. — Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Connell, Brad Sent: Tuesday, November 15, 2016 1:44 PM To: Bennett, Ronda <ronda.bennett@ncdenr.gov>; Stadiem, Arthur M <Arthur.Stathem @ncdenr.gov> Cc: Brownlow, Roy <roy.brownlow@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov> Subject: FW: Wayne Bailey legal notice Importance: High FYI Brad Connell Field Representative NC Division of Coastal Management htto://r)ortal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Conneilt@ncdenr.gov !'-NothingCompares.- - 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: Legals[mailto:legals@thenewstimes.coml Sent: Tuesday, November 15, 2016 1:40 PM To: Connell, Brad <brad.connell@ncdenr.gov> Subject: Re: Wayne Bailey legal notice Importance: High This ad is set and scheduled to run on November 20, 2016 in the amount of $ 44.99. Proof: NOTICE OF RUNG OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department d Envimmnent and Natural Resources hereby gives public notice as required by NCGS 118A-11 B(b) tut application for a development permit In an Area of Envim mnerml concern as designated under Ne CAMA ams remived on November4, 2018. According to said applcetion, Robed Bogey proposes to construct an osprey reefing plattolm lvdltin Bogus Sound. near 204 Deduct Drive, Carteret County. A ropy of the entire application may be evamined orcopied atone oMce of Brad Connell, NC Division of Coastal Management located at400 Commerce Avenue, Morehead City, NC, (252) 6o =t8 dudrrg normal business hours. Comments mailed to Bmdon C. Davis, Director. Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, pdorto December 15, 2016, will be considered In me" the permit decision. later commenUwJlbescceptedandconsideredupto Metmeofpmmitdedslon. Pmjadmodigaganmayo rbasedonmv*ema ommentby Nepub candstateandfedemiagentl L Noticeotthepemdtdedsioninthis maderwgl be provided uponwdtten request N2o On Nov 15, 2016, at 1:06 PM, Connell, Brad wrote: November 15, 2016 The Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice — Robert Bailey Dear Sir: Please publish the attached Notice in the November 20, 2016 issue of The Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Courtney Spears Roy Brownlow 3 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on November 4, 2016. According to said application, Robert Bailey proposes to construct an osprey nesting platform within Bogue Sound, near 204 Oakleaf Drive, Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to December 15, 2016, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: November 20, 2016 <Wayne Bailey pub.pdf> Judy Allred Legal Assistant — Carteret County News -Times 4206 Bridges Street I Morehead City, NC 28557 Phone: 252-726-7081 ext. 207 1 Fax: 252-726-2653 Leoals(a)TheNewsTimes.com — www.CarolinaCoastOnline.com 4