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HomeMy WebLinkAbout48-15 Case, ClydePermit Class NEW Permit Number 48-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission ,Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Clyde B. Case, HI, 252 US Hwy 70 West, Havelock, NC 28532 Authorizing development in Carteret County adi. Bogue Sound, at 233 Deep Bay Drive, in Newport as requested in the permittee's application dated 1/21/15. including the attached workvlan drawings (2), 1 dated revised 1/19/15 and 1 dated revised 1/13/15 This permit, issued on April 14, 2015 , 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 tines, imprisonment or civil action; or may cause the permit to be nuts ana vota. 1) In order to satisfy the requirements of the rules of the Coastal Resources Commission, and in accordance with the authorized agent's email dated 4/14/15, no portion of the authorized docking facility shall extend into the waters of Bogue Sound more than 536' feet, as measured from the waterward edge of the coastal wetlands. Docking Facility 2) Unless specifically altered herein, this permit authorizes the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this reconfigured docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 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 DENR and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Clyde B. Case, III Permit # 48-15 ' Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted docking facility built over wetlands shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable water at or adjacent to authorized work. 5) 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. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structures in order to make them more visible during hours of darkness or inclement weather. 8) This permit authorizes three formalized boat slips. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) No open water areas or vegetated shall be excavated or filled, outside the area indicated on the attached workplan drawings. 11) 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. 12) The permittee and/or contractor shall meet with a representative of the Division of Coastal Management prior to project initiation in order to discuss the conditions set forth in this permit. Clyde B. Case, III Permit # 48-15 Page 3 of 3 ADDITIONAL CONDITIONS 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. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00481. NOTE: An application processing fee of $250 was received by DCM for this project. Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Tyler Crumbly Renee Gledhill -Early / Diane Williams (WIRO) ✓ Joey White (WARO)) Shane Staples ✓ Ken Pace / Patti Fowler Tim Walton ✓ Karen Higgins (Raleigh) John Hennessy (NC DOT) Anthony Scarbraugh-401 Scott Vinson-Stormwater Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARO) ✓/ Vacant(WIRO) Fax Distribution: Permitee Agent #: 4 14C-6 NR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 14, 2015 Clyde B. Case, III 252 US Hwy 70 West Havelock, N.C. 28532 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, ®� 119 Douglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City, NC 28557 January 21, 2015 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application Clyde B. Case, III 233 Deep Bay Drive Newport, North Carolina Dear Heather: Office 252.354.4916 Fax 252.247.5875 Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of Clyde Case for improvements to his property located at 233 Deep Bay Drive, Newport, North Carolina. Mr. Case proposes to extend an existing pier, relocate an existing boatlift, and install an additional boatlift and single -pole jet -ski lift. Mr. Case's check #2521 in the amount of $250.00 for the permit application fee is also enclosed. The adjacent riparian neighbors have been notified of the project plans by certified mail. Green card return receipts will be submitted to you as soon as they are returned by the Post Office. I will provide the additional required large -format copies once your review is complete. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. I look forward to working with you on this project. Sincerely, t �Z Kathy B. son, AICP Enclosures WZ 19 Nmr MA1333d Major CAMA Permit Application Clyde B. Case, III 233 Deep Bay Drive Newport, North Carolina January 21, 2015 Prepared by: Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 Telephone 252-240-9297 RECEIVED JAN 81 2015 �PW-wwm eattr Clyde B. "Casey" Case, III Major CAMA Permit Application January 21, 2015 Contents Application Documents DCM MP— 1 Application DCM MP — 4 Structures Project Narrative Introduction Site Description Project Description Construction Methods Authorized Agent Letter Property Deed Notification to Adjacent Riparian Property Owners Project Plans Sheet 1 of 2 Sheet 2 of 2 (supplement) RECEIVED BAN 21 7w; M?'KAXl"n �,m� r DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) hi North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Informadon Business Name Project Name (if applicable) N/A N/A Applicant 1: First Name MI Last Name Clyde B. Case, III Applicant 2: First Name MI Last Name N/A If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State 252 US Hwy 70 West N/A Havelock NC ZIP Country Phone No. FAX No. 28532 USA 252-259-1098 ext. N/A N/A- - Street Address (if different from above) City State ZIP 233 Deep Bay Drive Newport NC 28570- Email Casey@themiliteryclub.com 2. Agent/Contractorinformadon Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B. Vinson AgenU Contractor 2: First Name MI Last Name N/A Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 252 - 240 - 9297 ext. N/A 252 - 354 - 4916 ext. WA FAX No. Contractor # 252 247 5875 N/A Street Address (d different from above) City State ZIP N/A Email kbvinson@ec.rr.cem <Form continues on back> RECEIVED JAN 21 7915 252-808-2808 :: 1-888-4RCOAS"T :: www.nccoastaimanagement.net Form.DCM MP-1 (Page 2 of 5) APPLICATION for Major Development PE 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 233 Deep Bay Drive N/A Subdivision Name City State Zip Deep Bay Newport NC 28570 - Phone No. Lot No. (a) (if many, attach additional page with list) 252 - 259 -1098 ext. N/A 2, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes NNo work falls within. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 125 22,738.32 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 22,738.32, 1 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) +/- 10 feet NNHW or ❑NWL e. Vegetation on tract Trees, grass, landscape vegetation, coastal wetlands, 404 wetlands f. Man-made features and uses now on tract Single-family residence, residential swimming pool, retaining wall, dock with boatlift g. Identify and describe the existing land uses ad*acen to the proposed project site. Residential h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning compliance certificate, it applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes ONo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. 0Yes ONo EINA If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does ft involve a Yes CgNo ❑NA National Register listed or eligible property? RECEIVED f Pnrm rnn}im me nn ncvf n�nn� m. (i) Are there wetlands on (ii) Are there coastal wetlands on the site? ®Yes []No (ill) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form OCM MP-1 (Page 3 of 5) APPLICATION f Major Development t n. Describe existing wastewater treatment facilities. Individual septic system o. Describe existing drinking water supply source. West Carteret Water Corporation p. Describe existing stone water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? OCommerrial Public/Government ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The docking facility will provide waterlboating access for owners of the property and their guests. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One barge with pile -driving equipment will be used for construction of the dock. It will be stored in deep water. d. List all development activities you propose. Pier extension with platform, single -pole jet ski lift, and a total of two boat lifts (one new, another to be relocated from existing platform), e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? none ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area MYes No ONA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow runoff to Bogue Sound. i. Will wastewater or storrnwater be discharged into a wetland? 0Yes ONo CNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? Yes No niiA If yes, attach a mitigation proposal. JAN 2 1 20t plbWe-uxnp w+M. <Fonn continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 5) Avelopm TWAfpf/ Major Developme rmrt 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 DI 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 Elmer T. Sprinkle, III Phone No. 252-499-9089 Address 243 Deep Bay Drive, Newport, NC 28570 Name Bruce J. Downey, Jr. Phone No. Address 206 East Seagull Way, Hubert, nc 28539 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None known. h. Signed consultant or agent authorization forth, it applicable. i. Wetland delineation, it 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), 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. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _January 21, 2015 Print Name Kathy B. Vinson, Agent Signature 2 U RECEIVED JAN 21 2015 Please indicate application attachments pertaining to your proposed project. idi- . txun rms ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION f Major Development Pe RECEIVED JAN 21 1015 f'�blra-rriop Airn 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net 10/ Form DCM MP-4 W STRUCTURES �I (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublictGovernment ®Private/Community []Yes ®No c. (i) Oock(s) and/or piers) d. (i) Are Finger Piers included? ❑Yes ®No (ii) Number one If yes: (iii) Length 404' (extension) (n) Number (iv) Width 4.5' (extension) (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: (ii) Number one new platform (ii) Number two (one existing to be relocated and one (iii) Length 16' additional boatlift) plus one single -pole iet ski lift (iv) Width 29' (iii) Length 13' (v) Floating []Yes ®No (iv) Width 13' Note: Roofed areas are calculated from dripfine dimensions. Jet ski lift measures 5' x 8' g. (i) Number of slips proposed h. Check all the types of services to be provided. 1 new slip, for a total of 2 slips ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies 1 ® Dockage ('Wet slips") only, number of slips: 2 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel open runabout ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 23' - 25' I. (i) Will the facility be open to the general public? RECEIVED m. (i) Will the facility have tie pilings? ❑Yes ®No JAN 21 1A'Fi ❑Yes ®No (ii) If yes number of be pilings? f>OM-Myq ,p ry N/A 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) a. Checx each of the following sanitary facilities that will be included in the p �❑ Office Toilets a ❑ Toilets for patrons; Number: _; Location: �t❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. Waste receptacles located on high ground d. How will overboard discharge of sewage from boats be controlled? None e. (i) Give the location and number of "No Sewage Discharge" signs proposed. None (ii) Give the location and number of "Pumpout Available" signs proposed. None f. Describe the special design, K applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? N/A If Give the number of channel markers and "No Wake" signs proposed. None I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? N/A 1. If this project is an expansion of an existing marina, what types of services are currently provided? Not an existing marina. RECEIVED m. is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No JAN 81 7015 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? r$L,AA_k+ApH 1:111G ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), &hell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. MCW none for new section. approx. 64 sf shaded for existing pier section ®SAV _approximately 464 sf shaded for new Pier section. approx. 1,033 sf shaded for existing section ❑SB _ OWL none for new section. approx. 31 sf shaded for existing Pier section ❑None 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 12/27106 t:. Form DCM MP-4 (Structures, Page 3 of 4) 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. N/A 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community (ii) Number _ (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use li Excavation and Fill.) ®This section not applicable a. (I) Number _ (ii) Length (iiq width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, orweflands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the strudure(s): b. Number ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Are of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 24' to the west, 26 to the east Note: For buoy or mooing piling, use am of swing including length of vessel. c. Width of water body +1- 13,000 feet e. (1) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (11) If yes, explain what type and how they will be implemented. N/A d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. 23T to the west, 239' to the east d. Water depth at waterward end of structure at NLW or NWL -2.0 NLW/MLW RECEIVED 1AN 21 10b p6w/-uun)4 �J+ t 8. OTHER ®This section not applicable 252-808-2808 :: 1-888.4RCOAST :: w .nccoastalmanagement.net revised: 12127/06 Form 4CM MPA (Structures, Page 4 of 4) a. January 21,2015 Date Project Name Clyde B. Case, III Applicant Name Applicant Sign re RECEIVED JAN 81 10b N6ua-wMj4 "Y 252-808-2808 :: i-888.4RCOAST :: w .nccoastaimanaaement.net revised: 12/27/06 Clyde B. Case, III Carteret County Project Narrative Introduction Clyde Case is the owner of a single-family residential property located adjacent Bogue Sound at 233 Deep Bay Drive in Carteret County. He proposes to extend an existing pier located at his home and construct an additional platform at the waterward end of the extension. He also proposes to relocate an existing boatlift to the new platform, install an additional boatlift (for a total of two boatlifts), and install a single -pole jet -ski lift. Site Description The project site is Lot Number 2 of the Deep Bay Subdivision. The subdivision is located on Highway 24 in western Carteret County, just east of the intersection with Hibbs Road. The project site includes a single-family residence and swimming pool, with landscaping consisting of trees, grass, and shrubs. The shoreline along Bogue Sound measures 125 linear feet along Normal High Water (NHW) and is bordered by a fringe of coastal wetlands measuring approximately 20' to 30' in width. A narrow area of 404 wetlands 10' to 20' in width adjoins the coastal wetlands. An existing retaining wall is located just landward of the 404 wetlands. NHW and coastal wetland lines were recently delineated by staff of the Division of Coastal Management and are depicted on project plans, as surveyed by Charles A. Rawls and Associates, PA. Federal (404) wetlands on the site are also shown on project plans. Submerged aquatic vegetation (SAVs) is observed in shallow waters adjacent the shoreline. Deep water (-2' NLW/MLW or greater) is found approximately 570' offshore measuring from the waterward edge of coastal wetlands. An historic channel used by local residents to access deep water is visible on aerial photos of the area. The location and orientation of the historic channel were used to determine the riparian corridor for the Case project site and adjacent properties. The Atlantic Intracoastal Waterway (ICW) is located approximately 880' beyond the edge of the deep water historic channel. Clyde B. Case, 111 Major CAMA Permit Application January 21, 2015 RECF:VLi_ JAN 21 2p15 Page 1 �u The waters of Bogue Sound at the project site are classified as SA HC W by the Environmental Management Commission and are open to the harvesting of shellfish. Bogue Sound is approximately 13,000 feet wide at this location. There are no known shellfish leases adjacent to or within close proximity of the project. Single-family residential lots are located adjacent the Case property. Elmer "Skip" and Allyson Sprinkle own the parcel to the west. The lot to the east is owned by Bruce Downey. Both adjacent parcels are developed and contain single-family residences. The Sprinkles have submitted a major CAMA permit application for improvements to their property, including construction of a two -slip pier and a retaining wall with fill. There is no pier located on the Downey property. The project area is within the Carteret County planning jurisdiction and is zoned R-20. Residences in the project area are served by individual septic systems, with drinking water provided by West Carteret Water Corporation. Project Description Mr. Case proposes to build an extension an existing pier located at his property with a new platform at the waterward end of the extension. He also plans to relocate an existing boat lift to the new platform and install an additional boat lift and single -pole jet -ski lift. The existing pier extends 190' from the top of the existing retaining wall. The existing pier measures 155' from the waterward edge of the coastal wetlands, and terminates with a fixed platform measuring 16' x 25'. A boat lift is currently located adjacent the existing platform. The owner proposes to extend the pier an additional 404', measured from the existing platform. A new platform measuring 16' x 29' is proposed for location at the waterward end of the pier extension. The finished pier will extend 590' into Bogue Sound, measured from the waterward edge of coastal wetlands. The proposed width of the new portion of the pier is 45, with minimum water depths of -2.0' NLW/MLW at the waterward end. A partially roofed t-head platform measuring 16' x 29' will be located at the waterward end of the dock. The dimensions of the platform roof are 18' x 20'. i , vED Clyde B. Case, III Major CAMA Permit Application January 21, 2015 JAN 21 7015 pores "WR P" Page 2 An existing 13' x 13' boatlift located at the current platform will be relocated to the waterward end of the dock. An additional 13' x 13' boatlift will also be installed at the new platform. A single -pole jet- ski lift measuring 5' x 8' is proposed for storing a personal watercraft over the platform. This area of Bogue Sound is characterized by shallow water, shoals, and SAVs, while pier length has traditionally been controlled by the length of existing piers that typically end in less than -2' NLW/MLW. By constructing longer piers, boat traffic through shallow shoal/SAV areas is avoided, thus minimizing or avoiding impacts to SAVs. A major permit (#20-14) was issued in 2014 to neighbors Ted and Jewel Ivey for construction of a pier extending to -2' NLW/MLW. (The Ivey property is located two lots west of the Case project.) The recently permitted Ivey pier exceeds the previous pier head line along this shoreline, yet avoids boat traffic through SAVs. Consistent with the permitted Ivey pier, the proposed Case pier is located at the point requiring the shortest distance along his shoreline to reach -2' NLW/MHW. The proposed Case pier will terminate beyond SAVs, as shown on project plans. The length and location of the proposed Case pier is consistent with the general navigational route for boats using this area of Bogue Sound. It does not extend significantly beyond the recently permitted Ivey pier nor the proposed Sprinkle pier (directly adjacent the Case project). Compared to the old pier head line, the proposed pier lengths reduce impacts to resources while allowing boating access to highground property. The proposed Case pier extends approximately 97 feet waterward of the permitted Ivey pier. It is approximately 55 feet waterward of the proposed Sprinkle pier. The proposed Case pier extends farther than the recently permitted and proposed piers to reach -2.0' NLW/MLW; however, note should be made that the edge of the Intracoastal Waterway measured from the Case site is about 17' farther from the historical channel than the proposed Sprinkle pier and about 45' farther than the permitted Ivey pier. Consequently there should be no impediments to navigation from the proposed Case pier, given the width of Bogue Sound at this point, distances to both the historical and ICW channels, and the widening space between the two _zLCEIVEo navigational channels. JAN 21 9015 WOM'IM�IR NI`� Clyde B. Case, III Major CAMA Permit Application January 21, 201S Page 3 Along the shoreline of the Case property, water depths 400' from the waterward extent of coastal wetlands measure -.1' at NLW/MLW. Low water depths increase to -2.0' or greater at about 570' from the edge of marsh. As such, the proposed location and length of the Sprinkle dock complies with CAMA standards for increased water depths for piers exceeding 400'. The portion of the pier located waterward of NHW will be elevated a minimum of 6.5' above any substrate with SAVs, as shown on Sheet 2 of project plans. The pilings supporting the pier will be at least 10' apart, other than terminal instances, in order to lessen shading impacts to the vegetation and substrate. The proposed dock will not encroach into the federal channel setback, as designated by the US Army Corps of Engineers. At its closest point, the waterward end of the Case dock will be approximately 880' landward of the edge of the Intracoastal Waterway channel. Bogue Sound is about 13,000' wide at this point; therefore, the proposed pier length is consistent with the one - quarter width rule for piers. As previously noted, the proposed length of the pier will not create any impediments to navigation. The proposed Case dock will be located 239' on the east and 237' on the west from existing adjacent piers. It will be 82' from the proposed Sprinkle pier, located immediately west of the Case property. The Case dock will be located 25' from the adjacent riparian property line on the east and 24' from the riparian property line on the west. Construction Methods Conventional marine construction methodology will be employed. A barge with pile -driving equipment will be used for construction of the docking facility. The barge will be stored in deep water. Clyde B. Case, III Major CAMA Permit Application January 21, 201S RECEIVED 1AN 21 2015 {Y4NF"NNu{j (?ItW Page 4 O�Y,,no Mwf U.q, - Govoni, Daniel From: Staples, Shane Sent: Tuesday, April 14, 2015 9:48 AM To: Govoni, Daniel Subject: RE: Case major CAMA permit Daniel, The after putting the Sprinkle and Case drawing side by side you can see where the contour line juts out in the area of the Case pier. To not have issues and compromise with the pier head length I will not object to the project if the pier is shortened by 55 feet placing the boat lifts in 1.9 feet of water per the depths provided on the plans. However since this is less than 2 feet of water I would like for there to be stops on the boatlifts. Stops should be placed 18 inches above substrate to help reduce disturbance to the bottom. Shane From: Govoni, Daniel Sent: Tuesday, April 14, 2015 9:05 AM To: Staples, Shane Subject: FW: Case major CAMA permit Please let me know your comments? thanks Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 (252) 247-3330 fax daniel. ovoni ,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. From: Kathy Vinson [mailto:kbvinsonaec.rr.coml Sent: Tuesday, April 14, 2015 9:03 AM To: Govoni, Daniel Cc: Casey Case; kbvinsomd)ec.rr.com Subject: Case major LAMA permit Dear Daniel, Thank you for your call regarding Mr. Case's major permit application to extend an existing pier at his Deep Bay Drive property. I understand from our conversation that the only concern holding up issuance of the permit relates to the proposed length of the extended pier. As proposed, it would extend 55 feet waterward of the adjacent recently permitted Sprinkle pier. As you know, this area of Bogue Sound is characterized by shallow water, shoals, and SAVs, while pier length has traditionally been controlled by the length of existing piers that typically end in less than -2' MLW/NLW. The requested pier length was the minimum needed to reach -2' MLW/NLW. Both the Sprinkle and Ivey piers were permitted to reach - 2'. Mr. Case would prefer to also receive a permit to reach -2' MLW/NLW. However, if the permit cannot be issued for the length needed for these water depths, he will agree to a 55' reduction in length. Thank you. Kathv B. Vinson, AICP Coastal Planning Services, Inc. P.O. Box 827 Morehead City, NC 28557 Office 252.354.4916 Fax 252.247.5875 Mobile 252.240.9297 kbvinson(d),ec.rr.com Govoni, Daniel From: Kathy Vinson <kbvinson@ec.rr.com> Sent: Tuesday, April 14, 2015 9:03 AM To: Govoni, Daniel Cc: Casey Case; kbvinson@ec.rr.com Subject: Case major CAMA permit Dear Daniel, Thank you for your call regarding Mr. Case's major permit application to extend an existing pier at his Deep Bay Drive property. I understand from our conversation that the only concern holding up issuance of the permit relates to the proposed length of the extended pier. As proposed, it would extend 55 feet waterward of the adjacent recently permitted Sprinkle pier. As you know, this area of Bogue Sound is characterized by shallow water, shoals, and SAVs, while pier length has traditionally been controlled by the length of existing piers that typically end in less than -2' MLW/NLW. The requested pier length was the minimum needed to reach -2' MLW/NLW. Both the Sprinkle and Ivey piers were permitted to reach - 2'. Mr. Case would prefer to also receive a permit to reach -2' MLW/NLW. However, if the permit cannot be issued for the length needed for these water depths, he will agree to a 55' reduction in length. Thank you. Kathy B. Vinson, AICP Coastal Planning, Services, Inc. P.O. Boa 827 Morehead City, NC 28557 Office 252.354.4916 Fax 252.247.5875 Mobile 252.240.9297 kbvinsonna ec.rc.com DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Clyde B. Case III 2. LOCATION OF PROJECT SITE: 233 Deep Bay Drive along Bogue Sound, in Newport, Carteret County. Photo Index - 2006: 41-8046 grids I&J (22) 2000: 41-517 grids P&Q (22) State Plane Coordinates - X: 2634650 Y: 362158 Longitude: 34°43'35.51 Latitude: 76°53'15.56 INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/4/15 Was Applicant Present — No Photos Taken — Yes 5. PROCESSING PROCEDURE: Application Received: Officially Submitted: 1/21/15 Complete—1/21/15 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County- Certified 12/22/2010 Land Classification from LUP — Limited Transition/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing— Onsite Septic System Planned - None (F) Type of Structures: Existing — House, driveway, pool, keystone retaining wall Planned- pier extension, boatlifts, jet -ski lift, platform (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open water (over SAV) N/A N/A 2,620ft2 Shaded 2,620ft2 Inc. (D) Total Area Disturbed: 2,620 ft2 (E) Primary Nursery Area: No (F) Water Classification: HQW/SA Open: Yes 8. Project Summary: The proposed project is for a pier extension to an existing private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility along Bogue Sound. Field Investigation Report Clyde B. Case III 233 Deep Bay Drive Page 2 of 4 9. Narrative Description: The Clyde Case project is located at 233 Deep Bay Drive within Newport, Carteret County. The site is found by following highway 24 east past the Gales Creek Bridge. It is approximately 3,623' (.69 miles) east of the Gales Creek Bridge. You will turn south onto the entrance road of Deep Bay subdivision (Deep Bay Drive), which is the next road east of the Ted and Jewel Ivey property. The Ivey Property is distinguished by a black rod iron type fence with stone columns. Turn right onto Deep Bay Drive once you pass this area (stone columns for the Ivey Property). The Case property is located at the end of Deep Bay Drive and along the North Side of Bogue Sound. The residential property is .522 acres (22738.32sf) in its entirety and 10' above nhw. Bogue Sound runs along the south side of the property. The upland vegetation mainly consists of lawn grasses, shrubs, and oak trees. There is a 45' x 125'section (total combined wetland area) of 404 jurisdictional transitional wetlands and coastal wetlands along the 125' of shoreline on Bogue Sound which consists of Spartina altemaflora (smooth cordgrass), Spartina patens (salt meadow cordgrass and Juncus romerianus (black needlerush). The waters of Bogue Sound have approximately 2.5'lunar tidal amplitude. The Division of Water Quality classifies this area as HQW/SA Waters. This area of Bogue Sound is not designated as a Primary Nursery Area and is open to the taking of shellfish. The Carteret County Land Use Plan classifies this area as Limited Transition with Conservation within the AECs. Although the ICW is located approximately 1,402' from the proposed pier there is a historic navigation channel north of the ICW that is utilized within this area. This channel would be located approximately 483' south from the proposed development. Water depths within this project location are-2.0'nlw/mlw with connecting water depths of -2.7' plus nlw/mlw. The bottom substrate is sand. Bogue Sound is approximately 11,545' wide at this location. 10) Proposed Development: The applicant wishes to add a pier extension, relocate an existing boatlift, add a jet -ski lift, add a new slip area with boatlift and a covered platform to the existing 1-slip private residential docking facility in order to avoid SAV habitat and obtain deeper water. The water depths over SAV habitat and a sandy shoaled SAV area < -l' nlw/mlw. The applicant is proposing to construct a 4.5' x 404' pier (from the edge of marsh), a 16' x 29' partially covered (18' x 20' covered area) platform, two boatlifts (includes relocated boatlift) and a 5' x 8' single pole swing jet -ski lift stored over the platform. The distance of all portions of the proposed docking facility would be a maximum of 578' from the waterward edge of marsh. In order to achieve the necessary depths to extend beyond the shallow bottom SAV habitat, the pier would need to exceed 400' from the waterward edge of marsh. Field observations by DCM staff verified that the water depths from 400' to 578' would maintain the required rate of 1' of fall and would reach deeper water depths y Field Investigation Report jny Clyde B. Case III Y 233 Deep Bay Drive Page 3 of 4 (> 2' nlw) over SAV habitat. The pier would continue south over SAV habitat and open water for 404'. Due to SAV habitat and shallow water depths within this area, the applicants are proposing a height of 6.5' above the SAV substrate and a pilings span of 10' wide within the SAV area. The SAV habitat appears to end approximately 560' from the waterward edge of marsh. The pier would intersect a 16' x 29' T-head platform (which includes an 18' x 20' roofed area). There would be a 5' x 8' single -pole swinging jet -ski lift located along the east side of the proposed platform. The jet -ski lift would be stored over the proposed platform when not in use. There would also be two 13' x 13' boatlifts located on the east and west side of the proposed platform. This includes the relocated boatlift from the existing pier. The most waterward portion of the boatlifts and platform would not exceed a maximum distance of 577' from the waterward edge of marsh. All parts of the docking facility would be landward of the historical channel (approximately 483' landward) and a distance of 24' from the western riparian access line and 25' from the eastern riparian access line. There would be a total of two slips (one existing and one new). The water depths within the proposed slip areas are an average of -2.0' nlw/mlw with connecting water depths of -2.9' plus nlw/mlw. The pier to the west along the same shoreline is approximately 2000' away and extends into Bogue Sound approximately 577'. The adjacent neighbor to the west (Ivey) was also permitted for a docking facility that extended a total length of 470' from the waterward edge of marsh. The longest pier to the east is approximately 1,430' away and extends a maximum of 420' into Bogue Sound. The proposed docking facility (577' from the waterward edge of marsh) would not exceed the existing pier head length to the west and would not encroach within any traditional navigation routes within the area. The applicants proposed to extend a maximum of 591' from the edge of marsh, however, the SAV shoal within the applicant's riparian area ends approximately 560' and the water depths at 577' are -2' nlw/mlw or greater, therefore the additional 14' proposed by the applicant would not be necessary. This would also allow the proposed pier to remain within the existing pier head length to the west: 11. Anticipated Impacts: The proposed dock extension (includes platforms and boatlifts) would shade and incorporate 2,620ft2of shallow -bottom SAV habitat. The development would provide a total of two slips. The placement of the jet -ski lift would not be considered a permanent slip because it would be stored over the platform when not in use. The proposed placement of the pier, platform and boatlifts would reduce incidental prop scarring and prop dredging of the existing SAV habitat, because of the deeper water depths (>2' nlw) within the proposed pier location and the shorter distance that the applicants would need to traverse in order to reach the deeper water. This proposal as designed has the potential to help preserve SAV habitat and shoal area closer inland. The increase in suspended sediment and turbidity levels from the pier placement would be temporary, and occur while the pier Field Investigation Report Clyde B. Case III 233 Deep Bay Drive Page 4 of 4 2 placement is taking place. Turbidity should be minimal given the sandy bottom composition and open water. The location of the proposed docking facility should not be a hindrance to navigation as the proposed development would be located approximately 483' landward (north) of the historic navigation channel and would remain within the established pier head length to the west. There would be a total of 2 slips once the project is completed. Name: Heather M. Styron Date: 2/11/15 Office: Morehead City North Carolina Department of Environment and Natural Resources Pat McCrory , Donald R. van der Vaart Governor + 4 1A Secretary F .j32 ,t1 RECEIVED February 12, 2015 FEB 18 205 Kkt"d'tvlfl{� f:14,v MEMORANDUM: TO: Patti Fowler Shellfish Sanitation FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT:. CAMA/DREDGE & FILL Permit Application Review Applicant: Clyde B. Case III Project Location: Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. YThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED , R-N'T 6JA/ DATE a/IVIS 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal opportunity / Affirmative Action Employer 02/16/2015 HON 14:52 FAX � CAHA Pat McCrory Governor February I2, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: FIE North Carolina Department of Environment and Natural Resources Donald A. van der Vaart Secretary Local Permit Officer Carteret County Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Clyde B. Case III Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition, and jet-sid lift to an existing 1-slip doelcing facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808, Ext. 216. 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 a4A ,,, t— DATE a2-/ 6 ' IJ- 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-20081 FAX 252-247.33301 Internet: www.nocoaet0ranagementnel An Equal Opportunity/Affirmative Acton Employer DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Clyde B. Case, III County: Carteret LOCATION OF PROJECT: 233 Deep Bay Drive, along the Bogue Sound in Newport. DATE APPLICATION RECEIVED COMPLETE BY FIELD: I/21/15 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead Citv DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 2/12/15 FEE REC'D: $250.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 3/3/15 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes APPLICATION ASSIGNED TO: Dan* 1 Govoni ON: 2/12/15 C) 75DAYDEADLINE: %LI(ir 150-DAY DEADLINE: MAIL OUT DATE: 2/12/15 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Determination Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives&History Division of Environmental Health Division of Highways Wildlife Resources Commission / V Local Pmmit Office Division of Marine Fisheries Corps of Engineers L11i ' utS l.ts i �Govoni, Daniel From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Monday, April 13, 2015 9:53 AM To: Govoni, Daniel Cc: Folta, Christine W SAW Subject: RE: SAW-2015-00481 / Case Docking Facility / Carteret County / CAMA Major_GP291 Daniel, Below are the conditions proposed for the project. An official hard -copy will be sent to Doug et al. Will you please send me a scanned copy of the permit when you issue it? (so I can meet our clock timeline) Thanks. -Tyler The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. Dredging is not authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as ,relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged Kve wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the fivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Pat McCrory Governor February 12, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: f' 1�CDEFR h North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary RECEIVED Ken Pace NC DOT, State Construction/Materials Branch Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Clyde B. Case III MAR 3 2015 NEW BERN DISTRICT OFFICE Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposes a pier extension to a private residential pier, platform, boadifts, slip addition and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: 's agency has no objection to the project as proposed. I/ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Thi gency o ' cts to the project for reasons described in the attached comments. SIGNED DATE / RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 MAR ( 6 ?915 Phone: 252-808-28081 FAX 262-247-33301 Internet: www.nocoastalmanagement.net An Equal Opportunity I Affirma8ve Action Employer DC �rN RECEIVED MAR 0 6 7"4 a North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 12, 2015 MEMORANDUM: TO: Maureen Meehan Division of Coastal Management FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clyde B. Case III Project Location: Carteret County, at 233 Deep Bay.Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition. and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. if you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 ag ncy objects to the project for reasons described in the attached comments. . SIGNED DATE V 5 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-28081 FAX 252-247-33301 Internet: www.nccoastaimanagement.net An Equal opportunity / Affirmative Action Employer Govoni, Daniel From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Monday, April 13, 2015 9:53 AM To: Govoni, Daniel Cc: Folta, Christine W SAW Subject: RE: SAW-2015-00481 / Case Docking Facility / Carteret County / CAMA Major_GP291 Daniel, Below are the conditions proposed for the project. An official hard -copy will be sent to Doug et al Will you please send me a scanned copy of the permit when you issue it? (so I can meet our clock timeline) Thanks. -Tyler The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. Dredging is not authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit, in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. ��P rGDETIR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 12, 2015 MEMORANDUM: TO: FROM: SUBJECT: - Linda Lewis Joanne Steenhuis Division of Water Resources Daniel Govoni Major Permits Processing Coordinator Donald R. van der Vaart Secretary FEB 13 205 BY: CAMA/DREDGE & FILL Permit Application Review Applicant: Clyde B. Case III Project Location: Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: �is agency has no objection to the project as proposed. I RECEIVED 20115 MAR 0 This agency has no comment on the proposed project. cwmn=MRR P" This agency approves of the project only if the recommended changes are incorporated. See attached. ssdeesscribed in the attached comments. This agency objects to the project for reasons DATE z O 457 SIGNED 4V 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808 8 8 \ FAX lmanagementnet Aff a Employer ppoty%Intert:onp An Ortuni North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 12, 2015 MEMORANDUM: TO: FROM: . SUBJECT: - Applicant: Project Location: Donald R. van der Wart Secretary Dan Sams Division of Energy, Mineral & Land Resources Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Clyde B. Case III Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any. questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 L/ 2' �2m is RECEIVED MAR 0 5 mis 400 Commerce Avenue, Morehead City, North Carolina 28557 rt'Ma'w wills Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nmstaWanagement.net An Equal Opportunity / Affirmative Action Employer a. CDE North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary ,f'•I$_vz•10.o1 February 12, 2015 MEMORANDUM: TO: FROM, - SUBJECT: Applicant: Project Location: Maria Dunn NC Wildlife Resources Commission Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Clyde B. Case III Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. / MAR 0 5 1015 ✓ This agency has no comment on the proposed project. oeM-'MHB EITV 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 1 •• I DATE -1 - 3- 71>1 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808-28081 FAX 252.247.33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer �ICDA P72 North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 12, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary RECEIVED FEB 19 2015 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Daniel Govoni Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Clyde B. Case III Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any_questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: 14) SIGNEI L /� _ This agency has no objection to the project as proposed. t/ is 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. DATE d -� `' I -� ,,,,,,,,,,,,,,,,,,,,,,,,-..-_,..._._..__. ,. __NorthCarolna28557 Phone: 252-808-28081 FAX 252.247-MO \ Internet: www.nccoastahianagament.net An Equal Opportunity / Affirmative Action Employer RECEIVED MAR 0 A 71,% DCM-MHD Cm FDEAW North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary February 12, 2015 MEMORANDUM: TO: Lee Padrick Division of Community Assistance FROM: Daniel Govoni Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Clyde B. Case III Project Location: Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility.. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 rriG /` D,7 -,z DATE o - RECEIVED MAR 0 2 2015 Dcm-te!HD cm 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808.28081 FAX 252-247.33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer FCDE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 12, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Diane Williams Public Water Supply Daniel Govoni Major Permits Processing Coordinator Donald R. van der Vaart Secretary FEB 16 2015 D Division or Water Resources W]RO - Public Water Supply CAMA/DREDGE & FILL Permit Application Review Clyde B. Case III Carteret County, at 233 Deep Bay Drive, along the Bogue Sound, in Newport. Proposes a pier extension to a private residential pier, platform, boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 4, 2015. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: )C 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 MI (1' RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 FEB 2 8 2015 Phone: 252.808-26081 FAX 252.247.33301 Internet: www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer PP"wMe ern Pat McCrory . Governor February 12, 2.015 MEMORANDUM: TO: . FROM: SUBJECT: Applicant: Project Location: OWE North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary RECEIVED FtB 16 2015 DW.Fisherles WARO Shane Staples Division of Coastal Management Daniel Govoni Major Permits Processing Coordinator CAMAJDREDGE & FILL Permit Application Review Clyde B. Case III Carteret County, at 233 Deep Bay. Drive, along the Bogue Sound, in Newport. Proposed Project: Proposes•a pier extension to a private residential,pier, platform,.boatlifts, slip addition and jet -ski lift to an existing 1-slip docking facility, Please indicate below your agency's position or viewpoint on the proposed project and return this form by' March 4, 2015. If you have any.questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. '216. 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 ,t4 DATE - 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252.808.28081 FAX 252-247.33301Internet. wwW.n=$tahnanagementnet An Equal Opportunity/AtlirmaOvektlon Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Clyde Case, III 252 US HWY 70 West Havelock, NC 28532 Subject Property: Dear Mr. Case: Donald R. van der Vaart Secretary March 12, 2015 TH M er t" ounty0150200 t` ell, r ,.1 233 Deep Bay Drive, Newport Approval of 401 Water Quality Certification with Additional Conditions You have our approval, in accordance with the attached conditions and those listed below to construct an extension to the existing dock, relocate and existing boatlift, add a jet ski lift and additional slip with a boatlift to the docking facility as described in your CAMA application dated February 12, 2015, and received by the Wilmington Regional Office (WIRO) Division of Water Resources (Division) on February 13„ 2015. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other.required federal, state or local permits before you go ahead with your project including (but not limited,to) Erosion and.Seditnent Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration.of the 464 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the! property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name t15A NCAC 02H .0501 and .0502). 127 Cardinal Drive Extension, Wilmington, North Carolina 2g905 Phone: 910-796-7215%Internet: www,ncdenr.gov An Equal Opportunity1Alfinnanro kdlon Employer —Made in part by recycled paper Clyde Case, III DW R Permit 415 0200 March 12, 2015 Page 2 of 4 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control practices must be used to meet this standard. 'Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7225 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. S. The permitee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858.0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. Clyde Case, III D W R Permit N 15 0200 March 12, 2015 Page 3 of 4 8. Fueling; lubrication and general equipment maintenance should not take place within50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 028 .0200 (3)(f)). 9. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. SAVs Please note that the area surrounding the proposed pier contains submerged aquatic vegetation ,(SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. [15A NCAC 02B .0221 and 15A NCAC 07H .0208(b)] 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDENR DWR,401 and Buffers Unit North Carolina Division of Water Resources,'1617 Mail Service Center, Raleigh, NC,.27699 within ten days of project completion. The certification of completion is available at: http•//portal ncdenr org/web/wci/swp/ws/401/certsandi)ermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts,or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA,Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htti)://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00, pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Clyde Case, Ill 'DWR Permit It.15 6200 March12, 2015 Page 4 of 4 Mailing address forthe'OAH: If sending via US Postal Service: Office of Administrative Hearings 6714.Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be.served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 160.1 Mail Service Center Raleigh; NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 519.807.6364 or Jennifer.Burdette@ncdenr.eovJoanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306 or Joanne.SteenhuisC@ncdenr.eov . Sincerely, Yso Ji Gre son, Re Tonal Su ery g P Wat ality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR Enclosure: GC 3900 cc: Kathy Vinson — Coastal Planning Services —electronic copy Tyler Crumbley - USACE Wilmington Regulatory Field Office— electronic copy Heather Styron — DCM Morehead City —electronic copy Jennifer Burdette— Wetlands and Buffer Unit Daniel Govoni - DCM Morehead City _ electronic copy WiRO ,4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary MEMORANDUM DATE: February 11, 2015 TO: Daniel Govoni THRU: Roy Brownlow FROM: Heather M. Styron SUBJECT: Comments and Recommendations - CAMA Major Permit —Clyde Case, 233 Deep Bay Drive, Newport, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: The property currently has a private residential one -slip docking facility which includes a pier, platform and existing boatlift that extend a maximum of 171' from the edge of coastal wetlands. The existing slip is located within shallow bottom SAV habitat (<-2' nlw), therefore the applicant has proposed to extend the dock another 420 feet waterward of the existing platform in order to obtain deeper water depths and avoid SAV habitat. Because of the shallow water depths and submerged aquatic vegetation, and a shallow shoal area, the applicants are proposing the placement of a 4.5' x 404' pier, a 16' x 29' platform with an 18' x 20' covered area, a 5' x 8' jet -ski lift stored over the proposed platform and two 13' x 13' boatlifts (includes the existing relocated 13'x 13' boatlift). There would be a total of 2 slips along this parcel. The proposed docking facility (includes pier, boatlifts and platform) is proposed to extend a maximum of 591' from the waterward edge of marsh, however through field observation it was determined sufficient water depths (2' plus at nlw) and SAV habitat avoidance could be achieved at a maximum of 577' from the edge of coastal wetlands. This would also maintain the propsed docking facilty comply with the existing pier head length to the west (577' max). All portions of the development would be landward 483' of the historical channel. The development conforms to the guidelines set forth under 15A NCAC 07H .0208 with the exception of the total docking facility length propsed. The established pier head length pursuant to 71-1.208 91b)(6)(G)(i) restricts the proposed docking facility to 578' from the waterward edge of marsh. Through field verification of water depths, pier head length to the west and SAV habitat area, DCM staff recommends the total length of the docking facility (includes platforms and boatlifts) should not exceed a maximum of 577' from the edge of coastal wetlands. The extension of the existing docking facility has the potential to help preserve shallow bottom SAV habitat from the effects of incidental prop scarring and prop wash typically associated with boats and boat lifts. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: • The total number of slips shall not exceed a maximum of 2 with the jet -ski lift stored over the platform while not in use. 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808.2808 \ FAX 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Action Employer— Made in part by recycled paper Clyde Case III DCM Comments Page 2 of 2 • All parts of the docking facility shall be landward of the historical channel (a distance of 483'landward of the channel). • The placement of the docking facility shall avoid SAV habitat to the maximum extent possible as shown on plats dated received 1/21/15. • The proposed docking facility should not exceed a maximum distance of 577' waterward of the edge of marsh. • Because of the length of the pier it is recommended to add reflectors to the proposed platform (meeting Coast Guard Standards) for safety. Ie.. �` ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Clyde B. Case III Date: 2/9/15 Project Site County Carteret Staff: HMS District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: pier ext, boatlifts, jetski lift and platform Rover File: N/A Date application "received as complete" in the Field office (EX: 1/8/2007): 1/21/15 Permit Authorization: NCAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ENO Photos Taken: Yes N No❑ Setback Required (riparian): ❑Yes ENO Critical Habitat: ❑Yes ENO [-]Not Sure 15 foot waiver obtained: [-]Yes ENO Hazard Notification Returned: ❑Yes ENO SAV: ®Yes ❑No ❑Not Sure —es Shell Bottom: []Yes ENO ❑ Not Sure Temporary Impacts: NYes ❑No Sandbags: MY ENO ❑ Not Sure Did the land use classification come from county LUP: NYes ❑No Mitigation Required (optional): ❑Yes ENO Moratorium Conditions: [-]Yes ENO ❑NA Environmental Assessment Done: ❑Yes ENO DNA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) N High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED N (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) N (JR) Black needlerush (Juncus N (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ I II(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 ❑ 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 N I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1.888-4RCOAST :: www.necoastalmananement.net revised: 02/15110 TIC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant:Case Date: 2/9/15 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Pier ext. 1 New Work ® Replace 404' 4.5' Maint ❑ ❑ Y El Jet -ski lift 1 New Work ® Replace 81 5 Maint ❑ ❑ Y ❑ N boatlift 2 New Work ® Replace 13' 13' Maint ❑ ❑ Y ❑ N platform 1 New Work ❑ Replace 29' 16' Maint ❑ ❑ Y ElN New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N revised 02/15/10 INC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Case Date: 2/9/15 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Submerged grassbeds Dredge Fill E Both E] Other 2,620 2,620 Dredge ❑ Fill E Both ❑ Other E Dredge ❑ Fill ❑ Both ❑ Other E Dredge ❑ Fill ❑ Both ❑ Other E Dredge ❑ Fill ❑ Both ❑ Other E Dredge ❑ Fill ❑ Both ❑ Other E Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ,❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 02/15/10 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Clyde B. Case III C/o Kathy Vinson PO Box 827 Morehead City, NC 28516 Dear Mr. Case: Donald R. van der Vaart Secretary January 9, 2015 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on Bogue Sound in Carteret County. The site is at 233 Deep Bay Drive in Newport, Carteret County. The application was received as complete on 1/21/15, and appears to be adequate for processing at this time. The projected deadline for making a decision is 4/6/15. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 1/21/15, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sine lY-2aMSty ron Coastal Management Representative cc: Roy Brownlow, District Manager/Compliance Coordinator Clyde B. Case, Applicant 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301Internet: www.nccDastalmanagement.net An Equal Opportunity\ Atlirtnative Action Employer— Made in pad by recycled paper darterit County Register U41 05/23/2001 $742.W '#1 Mei etata ExeW Tax NORTH CAROLINA CARTERET COUNTY Lel•nie Arthur 3D arteret County Reqister of Dee s CS Date 05/23/2001 Time 140600 0R 908522 Page 1 of 3 PID#633603424283 WHOLE GENERAL WARRANTY DEED THIS DEED, made and entered into this 23rd day of May, 2001, by and between WILLIAM A. ROUTH and SHIRLEY C. ROUTH, hereinafter referred to as "Grantor(s)"; and CLYDE B. CASE III, whose address is 77 E Plaza, Havelock, NC 28532, hereinafter referred to as "Grantee(s)'; WITNESSETH: That Gnmtor(s) in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grem or(s) paid by the Gtantee(s), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey to the said Grantee(s), their heirs and assigns, the following described property, to wit: All that certain lot or parcel of land lying and being situate in Morehead Township, Carteret County, North Carolina, and being described as follows: BEING all of Lot 2, Deep Bay Subdivision, the some being recorded in Map Book 13, page 9, Carteret County Registry. This conveyance is made subject to those certain restrictive and protective covenants recorded in Book 377, page 205, Book 430, page 353, Book 604, page 330 and Book 834, page 725, Carteret County Registry. Being the same property conveyed to the Grantor(s) by Deed dated September 29, 2000, appearing of record in Book $93, Page 756, Carteret County Registry. BOM 9D9' - PAGE -6a _ RECEIVED JAN 21 2015 OCM-M4Tq gITV TO HAVE AND TO HOLD the aforesaid lot or parcel of lend and all privileges and appurtenances thereunto belonging to the said Grantee(s), their heirs and assigns in fee simple forever, subject to the hereinabove mentioned encumbrances, if my. And the said Gramor(s), for themselves, their successors and assigns, do covenant with said Grantee(s), their heirs and assigns, that said Grantor(s) is/are seized of said property in fee and have the right to convey same in fee simple; that the same is free from encumbrances except the encumbrances or restrictions mentioned above, if any; and that said Grantors) will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said Grantor(s) has/have hereunto set their hand(s) and seai(s) the day and year first above written. !N—"v`W /I • (SEAL) WI LIAM A. RO[%IF�H,,� �,� C(`.&n (SEAL) S14IRLEY MOUTH iiF U,1140 JAN! z) �e s IlbWPtV.i i}.t Mlr,y STATE OF NORTH CAROLINA COUNTY OF CRAVEN 1, :;a vlh /31 . c11 r,& J% , a Notary Public in and for said county and state, do hereby certify that WILLIAM A. ROUTH and SHIRLEY C. ROUTH personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and official seal, this the of May, 2001. aRA.... otary Public Q,.r;,:...OTyT My Commission Expires: eOlJ,�yC j` / PV STATE OF NORTH CAROLINA COUNTY OF CARTERET The foregoing certificate(s) o� i is (are) certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of CARTERET County, NC in Book 5Qef , Page 2? This the a3 day of/2:5�A.D., 20el at 9 i o'clock Alo M. BOOK--9-6 PACE 'Z RECEIVED JAN 21 2015 M!-I,v/-ouM -r COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 January 21, 2015 Elmer T. "Skip" Sprinkle 243 Deep Bay Drive Newport, NC 28570 Re: Major CAMA Permit Application Clyde B. Case, III Dear Skip: Mr. Case has retained Coastal Planning Services, Inc. to provide CAMA permitting assistance for construction of an extension to an existing pier at his property located at 233 Deep Bay Drive, Newport, Carteret County, North Carolina. He also proposes to construct an additional platform at the waterward end of the pier extension, relocate an existing boadift to the new platform, install an additional boatlift (for a total of two boadifts), and install a single - pole jet -ski lift. A Major CAMA (Coastal Area Management Act) permit will be required to do the work. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are notifying you of the proposed plans. Enclosed with this letter are copies of the permit application and plats. If you have objections or comments regardine the proposaL please write or call the Division of Coastal Management (DCM) within 30 days of receipt of this notice. You may reach DCM at the following address and phone number: Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information. Sincerely, / 3}� RECEIVED 4�U A�ttQO�/ Kathy B. Vinson, AICP JAN 21 7M N+.W/-w rlw ivux Enclosures ,,.►��►y C p p Y COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252354.4916 Morehead City, NC 28557 Fax 252.247.5875 January 21, 2015 Mr. Bruce J. Downey, Jr 206 East Seagull Way Hubert, NC 28539 Re: Major CAMA Permit Application Clyde B. Case, III Dear Mr. Downey Mr. Case has retained Coastal Planning Services, Inc. to provide CAMA permitting assistance for construction of an extension to an existing pier at his property located at 233 Deep Bay Drive, Newport, Carteret County, North Carolina. He also proposes to construct an additional platform at the waterward end of the pier extension, relocate an existing boatliR to the new platform, install an additional boatlift (for a total of two boatlifts), and install a single - pole jet -ski lift. A Major CAMA (Coastal Area Management Act) permit will be required to do the work. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are notifying you of the proposed plans. Enclosed with this letter are copies of the permit application and plats. If You have objections or comments regarding the QEL)posal. please write or call the Division of Coastal Management (DCM) within 30 days of receipt of this notice. You may reach DCM at the following address and phone number. Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information. Sincerely, Kathy B. i2, AICP Enclosures RECEIVED JAN 21 2015 MbWA'ArAWM r'ITy i_� _. Y'- o-i Dl CO Lr,(Domestic to m m W r- �� r-9 IT- c- S S Postage $ r� f � Cedlged Fee m O m Z3 Retum Receipt Fee Postma k � O (Endorsement Required) Here O O Restricted Delivery Fee O O (Endorsement Required) Ln m Ln ru Total Postage & Fees $ RI ru Er- o Er`rlr, o ent o --- -- •-------- . r12-<r... --'---tom- Cl T �.�t�G�-- -'T7-� M1 M1 orPoeox No. .. „%.- 7.. i1� - ,.J. lL.!- 'f�J-.l�----------------- Ctt}; SYete, CIP+d Postal CERTIFIED MAIL,, RECEIPT ru ru (Domestic Mail Only; No Insurance Coverage Provided) 117 Er m m j.�.A {®j �gf Er y IT S Postage $ t` r Certified Fee M m Postmark O O O 0 Retum Receipt Fee (Endorsement Required) Here O O Resmcted Delivery Fee O O (Endorsement Required) L l rll t+l rU Total Postage & Fees $ ll.1 Rl Er 13- Sent To A- K-.......✓1-Pv�J-1 �F.: oSieei, t6LNc:;...-.. a PO Box No. (` (` -----------------�a`----E.... .v.�/------------ - cdy, ware, awa u6 )OL �S3 RECEIVED JAN A 1 1015 plbNrt-eNop by),r, J1 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Legal Advertisement Section Re: Public Notice — Clyde B. Case III, 233 Deep Bay Drive, Newport To Whom It May Concern: Please publish the attached Notice in the 2/11/15, issue of the Carteret News Times. Donald R. van der Vaart Secretary 1/9/2015 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 ArthurStadiem, 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, fMatherk,9?vr; Heather M. Styron Coastal Management Representative 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Aflirmafive Action Employer— Made in pad by recycled paper 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 1/21/15. According to the application, Clyde B. Case III applied for a permit for the construction of a dock extension, 2 slips with boatlifts, covered platform and a jet -ski lift at 233 Deep Bay Dr., Newport, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/3/15, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: 2/11/15 • y Styron, Heather M. From: legals@thenewstimes.com Sent: Monday, February 09, 2015 1:47 PM To: Styron, Heather M. Subject: Email confirmation Due to software limitations: to expedite the processing of your advertisement, please copy and paste the text into the body of the email. This is an automatic response. If you have requested a price quote, we will get back to you as soon as the quote is available. Regards, Legal Department Original Message > Legal Advertisement Section = > 1/9/= > 2015 > Re: Public Notice - Clyde B. Case III, 233 Deep Bay Drive, Newport > To Whom It May Concern: > Please publish the attached Notice in the 2/11/15, issue of the > Carteret Ne= ws Times. > The State Office of Budget and Management requires an original > Affidavit of-- Publication prior to payment for newspaper advertising. > Please send the a= ffidavit, 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 > quest= ions, please contact me at our Morehead City office. > Sincerely, > Heather M. Styron > Heather M. Styron > Coastal Management Representative > NOTICE OF FILING OF > APPLICATION FOR CAMA 1 •> MAJOR DEVELOPMENT PERMIT > The Department of Environment and Natural Resources hereby gives > public not= ice as required by NCGS 113A-119(b) that application for a > development perm= it in an Area of Environmental Concern as designated > under the CAMA was rec= eived on 1/21/15. According to the > application, Clyde B. Case III applied f= or a permit for the > construction of a dock extension, 2 slips with boatlift= s, covered • platform and a jet -ski lift at 233 Deep Bay Dr., Newport, Carter= et County. > A copy of the entire application may be examined or copied at the > office of= Heather Styron, NC Division of Coastal Management, located > at 400 Commerce= Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. > Comments mailed to Braxton C. Davis, Director, Division of Coastal > Manageme= nt, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to > 3/3/15, will b= a considered in making the permit decision. Later > comments will be accepted= and considered up to the time of permit > decision. Project modification ma= y occur based on review and > comment by the public and state and federal age= ncies. Notice of the > permit decision in this matter will be provided upon w= ritten request. > PUBLISHED ON: 2/11/15 > > Heather Styron 2 o Field Representative > NC Division of Coastal Management > 400 Commerce Ave > Morehead City, NC 28557 > (252) 808-2808 Extension 216 > heather.m.styron@ncdenr.sov > Please visit www.nccoastaImanagement.net to subscribe to Coastal > Management's quarterly newsletter, the CAMAgram. > 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. Clyde B. "Casey" Case, III 252 US Highway 70 West Havelock, North Carolina 28532 September 17, 2014 To Whom It May Ccncem I authorize Kathy Vinson, AICP to represent me and apply for CAMA permits to develop my property located at 233 Deep Bay Drive, Newport, Carteret County, North Carolina. This authorization extends to all permits and authorizations required by local, state, and federal agencies that may be required as part of the permitting process. I also authorize release of information related to the project site to Ms. Vinson, including boundary surveys, topographic maps, and results of wetland delineation and soil permeability tests. If you have questions or need additional information, please feel free to contact me at (252) 259-1098. Sincerely, Clyde B. "Casey" Case, III RECEIVED JAN 21 2015 1+6we-MAUM ?-ITV ■ Complete items' 2, and 3. Also complete item 4 if Restricteri Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. III Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L-%n rr T. �5��,:, 04 Dom. n/ aCEIIIVED 5 S7o 20 H)-'0-MHD CITY A. X. ❑ Agent B. RecWVdd*t?F~ Name) I C. Date of Delivery L1 rr SQr;ri I -o>L{'l5 D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: 13 No 3. (l Certified Mal ❑ Express Mall ❑ Registered 0 Return Recalpt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delk yt (Exaa Fee) ❑ Yes 2. Article Number (transfer from service laoeq 7009 2250 0003 7491 3385 PS Form 3811, Febr)dary 2004 Domestic Return Recelpt 102595-02-M-15 0 UNITEP:Fa j%€e'�i..I-W•:t i5, • Sender. Please print your name, address, and ZIP+4 in this box Tie. f�ere 4,e r d �: � 41�? ';Py- .5-7 ]III hlihIIh1111111II1-PhPIII 011III ■ Complete items 1, 2, and 3. Also complete item 4 4 Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on She front If space permits. Article Addressed to: IYIi, •b ru Gr tl. �U4t)N �.yJ J/". �i (p Eds7" sPa 1 v��sd/Gt�a"EcE #x b,el-t; tic aJ Bs E °s A. Signature X)li— B. Re6e11 1K (Printed Name) J ' I C. Dafe of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type mortified Mail f] Express Mall ❑ Registered ❑ Return Receipt for Merchandise N �[] Insured Mall f] C.O.D. 4. Restricted Delivery? (tea Fee) ❑ Yes 2. Article Number 7009 2250 0003 7491 3392 (transfer from service labe., PS Forth 3811, February 2004 Domestic Return Receipt 102595-024An540 UNITED STATES POSTAL SERVICE I I I II I First -Class Mail Posts & Fees Paid Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box Coas�`Tc/ �Ial17.17 SC/dicYS� /We)re //e?C/ el, -/y / /(/C ab'SS DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATF131MON OF; May 4, 2015 Regulatory Division Action ID No. SAW-2015-00481 and State Permit No. 48-15 Mr. Clyde B. Case 233 Deep Bay Drive Newport, North Carolina 28570 Dear Mr. Case: Reference your application for a Department of the Army permit to construct an extension to an existing docking facility to include a pier, platform, jet -ski lift, and two boat lifts within Bogue Sound. The property currently has an existing one -slip docking facility —171ft from the edge of coastal wetlands within shallow bottom SAVs. The proposal includes the placement of a 4.5' x 404' pier, a 16' x 29' platform with an 18' x 20' covered area, a 5' x 8' jet -ski lift (over the platform) and two 13' x 13' boatlifts (one will be relocated from existing placement). This project is located at 233 Deep Bay Drive, adjacent to Bogue Sound, in Newport, Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.72609 N,-76.88752 W. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, the attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. RECEIVED MAY 0 7 2015 CITY -2- 1 Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Sincer , 64Jt Zer Crumbley Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Copies Furnished (with enclosures): Kathy Vinson Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 Copies Furnished (without enclosures): Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Huggett Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 4P N i� r� d. -3- Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8966 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 RECEIVED MAY 0 7 1015 Vc,"'mD GI[Y a�G�NEo -4- Q�rncnN°�'� SPECIAL CONDITIONS SAW-2015-00481 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.eov/nc-es/mammal/manatee Quidelines.12df. 2. Dredging is not authorized. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 6. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 7. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 8. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. -5- 9. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 10. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 11. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 12. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 13. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 14. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 15. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control htgt*1973 (North Carolina General Statutes Chapter 113A Article 4). MAY 072t, "';h"h1MQ SITY Q'-2 16. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 17. The pemuttee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 18. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the pemuttee's discovery of the violation. MOREHEAOCRY --0 ATI !C IHrRACCli WATERWAY VICINITY MAP - NOT TO SCALE NOTES: This plan document is for CAMA permitting purposes. Owner Wor Contractor responsible to insure all project construction is consistent with owner's intended uses. Owner Wor contractor responsibility for project compliance with all applicable codes, ordinances, manufacturer recommendations and regulations including building codes, setbacks, at caters. Contractor responsibility to inspect site and identify field conditions and related project cost implications thereof Provide ramp waterward of existing platform to elevate proposed pier addition to 6.5 ft. minimum above any substrate w/SAV. Pilings supporting newly constructed pier shall be 10 ft. apart minimum. To +10 me proposed ramp to /-' exsbng grade Proposed Ramp Begin Ramp to Elev. Proposed Platforms / Remove existing steps Existing Pier at Elev. = 4.75 ft; Level Exiistl Mama1/12 s Pier tr fi.5 ft above SAV Subsbate Proposed Pier Platform W M.E.P. +5 _-- _._ _ _. _._ _... / d�L d�lr Existing) m$m - .I�Ir .1�1i 0(NLW) GradeLumber. 5 HOG or n > n 1 _ Better Fasteners 8 Appropriate For Use 8 a = e ExistingJ � Location Piles j - a - - Walkway Ni conatnicGan subject to struqurol design _5 -- F m - - selected manufacturer specifications 8 - 3 U Timber Piles applicable Building Codes 8 standards. 3 Pier Section CAMA Process Planning and Permit Facilitation by: COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 LEGEND: `till = Coastal Wetlands M.E.P. = Maximum Extent Practicable n= Undisturbed Subgrade JAN 21 IM '� (?reKA_A'at4rx:l(`IY�t Permit Drawing For DCM Review NOT FOR CONSTRUCTION Multiple Approvals & Permits Required d a 01 v •L c w � � rn ' - /41 y/ y W G Z 0 h a H � _o H c am K O � V o ui 1O _ 3 N<w h LLI 5 c Z m a I ca 3 W ow Ur) U LL cam N o a�n f0 i 0 m t o _ at U w a z V no WO .> $ a U