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HomeMy WebLinkAbout51-15 William B McLean Residuary TrustPermit Class Permit Number W 51-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to William B. McLean Residuary Trust c/o Paxon M. Holtz,106 Manatee Street, NC 28584 Authorizing development in Carteret County at Bogue Sound, 539 Harbour Drive, Forest Hills Mobile Home Park, Emerald Isle, as requested in the permittee's application dated 1/27/15. including the attached worknlan drawing (1) dated revised 4/23/15 This permit, issued on April 23, 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (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. f �.L � ✓ 6� B r! r Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee William B. McLean Residuary Trust c/o Paxon M. Holtz Permit # 51-15 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) 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. 5) 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. 6) 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 structure in order to make it more visible during hours of darkness or inclement weather. 7) This permit authorizes 1 formalized boat slip for a total of 8 formalized boat slips in association with this property. US Army Corps of Engineers Conditions 8) The pilings supporting the pier shall be placed at least 10 feet apart. 9) The spacing between all deck boards shall be at least one half of an inch or grated decking shall be used. 10) The pilings shall be driven into the substrate rather than jetting. 11) The width of the pier shall not exceed 4.0 feet. 12) The minimum elevation of the pier shall be at least +5 feet Normal High Water. General 13) 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. 14) 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 gaidelines.pdf. iA William B. McLean Residuary Trust c/o Paxon M. Holtz Permit # 51-15 Page 3 of 3 ADDITIONAL CONDITIONS 15) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. 16) 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. 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This pennit 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 N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 15-0193 mod. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW 2015-00524, which was issued on 4/23/15. NOTE: An application processing fee of $250 was received by DCM for this project. Division of Coastal Management Application Processig NdtP-5- - Type: (check all that apply) New Major Mod Minor Mod ReneWal_ Transfer Permit Coordinator: ,Field Representative: Date Time Messag OL 4- . . . J C-4 V 4-1 Tc Project Narrative for Pier and Boat Lift Construction on Space 54 within the Forest Hills Mobile Home Park This project will consist of a proposed 5' wide wooden pier built out of treated 2x wood. It will be bolted and nailed with stainless fasteners. This pier will extend approximately 200' from the normal high water line and within the riparian corridor as established by CAMA and the other piers existing on this tract. This will be the 6m and final pier on this portion of Forest Hills Mobile Home Park owned by the William B. McLean Residuary Trust, Paxon M. Holz, Trustee. All other spaces within this portion of the Park have existing piers and one of them is a common access for the remaining inland spaces of the Park. This pier is proposing to have a 10'xl6' L shaped sitting area to the east at the end, and a 13' boatlift to the west at the end. The construction of this pier will be by Lary G. Arnold Docks and Seawalls and will use typical marine construction for this type of structure, consisting of 2x treated wood and stainless fasteners. A(VN y°°- BCM NP-1 APPLICATION for Major Development Permit (lest revised 12r27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ LandownerInformation Business Name WILI.IAr4 B. M,GL1AN 4510UAltV TRUST Project Name (if applicable) N ok Applicant 1: First Name PAYOM MI M Last Name Hol.1. Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address IO(o MANATEE STCL@Et PO Box I — City CAPE&AM&LET State fAC, ZIP 2856�F Country u5A Phone No. ast - 3y3 s f + I ext. FAX No. Street Address (if dfierent from above) SAfAG City State LP Email 2. Agent/Contractor Information Business Name rlt.wI6E Wuc SuRUEy(N� P.A . Agi Contractor 1: First Name MI Last Name JL4404 A. opvm Agent/ Contractor 2: First Name MI Last Name Meiling Address PO Box City Stale Cl0 I W B. tAG Le,* j Fi1.uD • GAflE LAafF(LE T lu C. ZIP Phone No. 1 Phone No. 2 24 I - 14 SB ?48 8 F I u5A ZSZ -34$' Z 121 ext. _ 252 ext. FAX No. Contractor # 252. 343- 3075 Street Address (if different from above) City State ZIP SA C Email RECEIVED C kec-k# 1315Uo JAN 2 81015 <Form continues on back> I+M!Np NMRH CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # GAkl"CRE7 I 5Y1 HAtc6ou/R ActV9 91A Subdivision Name City State Zip F: tkO f j}Ild.i MOBILE NoMr6 PAILK EMC- ALL) 14LE INC 2851¢ Phone No. Lot No.(s) (d'many, attach additional page with ftf) ext. 94. , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WHIM OAIC 5e>CsuE Sou.io c. Is water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural []Manmade ❑Unknown 86GUE SouNa e. Is prpposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ❑No work falls within. 'roWI4 OF: EMMAI.O IsI.E 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 09 ' 6 • `I Acae5 - 300, s b+ Sq ,Ft , c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 22115579q At t NWL (normal water leveo (If many lot sizes, please attach additional page with a list) ��// p ❑NHW or 01JN e. Vegetation on tract Cw%XAto W lTN S(N/Wgs jil og& S(-FOA.E Lt"e f. Man-made features and uses now on tract EY-4Sttfl6 Mcea re MONIES eamer. I I lm�' t 60A? LtFfS g. Identify and describe the existing land uses ad 'a nt to the proposed project site. 5Am; - (Ao&iLE �6Mp, PA&i6 h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? m G (A�lta/ch zoning compliance certificate, if applicable) IHYas ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes af, k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No JRfNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes gN, ❑NA National Register listed or eligible properly? N110EIVED <Form continues on next page> JAN 28 2M (rt4x1t4'YVCIM F!{� Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ❑O�Yes No (if) Are there coastal wetlands on the site? LQYes []No (Ili) If yes to either (i) or (if) above, has a delineation been conducted? ❑Yes ON, (Attach documentation, if available) n. Des 'be existing wastewater treatment facilities. W IHVIVIDuAL. 5EeoTIc 54STLWS o. Describe existing drinking water supply source. $06bE 15ArJ45, WAfe(L Co Arty p. Describe existing storm water management or treatment systems. RatO Sloe SL%LLe; OfAtN Itwro L*NO Lde-V-60 LAMALS 5. Activides and Impacts a. Will the project be for commercial, public, or private use? /� merdal ❑PubliolGovemmerd GOAMAIll IAL. - AlCiD 9y INOL-JL OVAL LOT 1N M*ell LE 464CAAK❑PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. P(QL To 6e ()SEC BY JµOIJI pVAL LOT WLTHIt4 Foae ST kILL3 µ OILOoAEQ LIFT to bg t e-o 6Y • %_ ' ' I- L ` f 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. TYPICAL WOOo PIEet. GomsTRJGTto,4 15KIO &TEM To Access Lur.lgMT oTNCR 04rLttALS STort.00 urt AAJO ON LOT, 6"rot FLD*rst4& sAR6e Foe f kLc PLALEA*er T-, d. List all development activities you propose. S' mors 6J000 f'1ER- A(paoA. too' LoNb WITH Ib )clb' L 4HAl640 SLTtIty& AARA AT' Ef-to AND A Boar LIPr. e. Are the proposed activities maintenance of an existing project, new work, or both? New it f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres NONI'` g. Will the proposed project encroach on any public easement, public accessway or other area Oyes eo ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. 00t3r, I. Will wastewater or stormwater be discharged into a wetland? oyes 6Koo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA J. Is there any mitigation proposed? ❑Yes ❑No 2AA If yes, attach a mitigation proposal. Rp '14) <Form continues on back> ✓A# 28 ?0 V 5 V N/A MIA qA Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application torn, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any m*r development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. a. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 6SA41 DE Q19 w Nibs 1 Lt-G Phone No. Address f.o. 8o)L. r{S�{�j EiAglLgt,o lSl.�l µG 2958�1- 75 Z- 3S+ - 3o33 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permihee, and issuing dates. LAMA PER-11411-S rV& oTMeR S 6x15tI µ& rive,, ro I team17 4fps ilfwoo.A 1 STOVA W4TM 40030a, Wb mcuwµ�r. }�b1�0 S &GfnfA�-W.�MGIaW�bf E-�%(3 I981 (AMA ft* IT 71-40 iro riltEw In. Signed consultant or agent authorization form, if applicable. I. Welland delineation, If necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 II --certify that the in/formation provided in this application is truthful to the best of my knowledge. Date 'I j Print Nam - iW A. opom Signature Please indicate application attachments pertaining to ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development 030CM MP-4 Structures Information ;ad project. ❑DCM MP-5 ✓.q �c�2Fo Culverts S Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is a docking facility/marina: Commercial ❑Public/Govemment ❑Private/Community ❑This section not applicable b. (i) Will the facil' be open to the general public? ❑Yes No c. (i) Dock(s) and/or pier(s) d. (1) Are Finger Piers included? ❑Yes Bf'lo III)Number ) ryas: (III) Length (qC (it) Number (iv) Width C! (iii) Length �/ (v) Floating []Yesi12IJo (iv) Width (v) Floating []Yes❑No j/ a. (i) Are Platforms included? 11 es []No f. (I) Are Boatlifts included? R' es []NO If yes: If yes: (ii) Number (ii) Number (III) Length I 0 —r (III) Length (Iv) Width (fP jj (iv) Width 1� (v) Floating []Yes E No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. NIA 1 ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel jyOpen water, no dredging required ❑Other, please describe: k. Typical boat length: L;O in. (1) Will the fa ' Ity have tie pilings? ❑Yes No (ii) If yes number of ge pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). �A $orroM �ktrrs AJo OP(:N RLJrA6"- I. (i) Will the facility open to the general public? ❑Yes UNO RECEIVED FEB 0 6 2015 DCM-MHD CIIY Form VCM MP-4 (structures, Page 2 of. 4) 2. DOCKING FACILITY/MARINA OPERATIONS in This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? a. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? ✓,9 ��F y � -,n.r"11 OCM MP-4 (structures, Page'; m. Is the mannal citing facility proposed within a primary or secondary nurseryarea? ❑Yes No n. Is th arina/docking facility proposed within or adjacent to any shellfish harvesting area? es ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SBI,ex other wetlaVs (WL)? If any boxes are checked, provide the number of square feet affected. #0A6' EJSAV LtaoiF ❑Se ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes LyNO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) [I This section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (11) Number (III) Length IN) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetplle, etc. Ma rock groin, use MP-2, Excavation and Fill.) ❑This section not applicable a. (1) Number _ (ii) Length (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ❑This section not applicable I a. Length _ c. Maximum distance beyond NHW, NWL orwetiands b. Average distance from NHW, NWL, or wetlands 16. MOORING PILINGS and BUOYS ❑This section not applicable a. Is the structum(s): []Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED FEB 0 6 7015 DCM-MHD CITY Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 301+ Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 15;0otf e. (i) Will navigati al aids be required as a result of the project? ❑Yes o ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 94 o N 4JChr b? ' oA+ CAST r d. Water depth at waterward and of structure NLW r NWL — 2,D'NL.w I & OTHER 071his section not applicable a. Give complete descriptlon: Jp�rve ZolS Date SpAMV Pittyf VIL45 Moome Project Name 400m A- OvoM, a fi Applicant I*me Ap scant ignaNre I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENRON OF: April 23, 2015 Regulatory Division Action ID No. SAW-2015-00524 and State Permit No*" Mr. Paxon M. Holtz William B. McLean Residuary Trust 106 Manatee Street Cape Carteret, North Carolina 28584 Dear Mr. Holtz: Reference your application for a Department of the Army permit the construction of a 200' long x 4' wide pier, with a 10' x 10' dock at the end, with a 13' x 13' boat lift located at lot 54, Forest Hills Mobile Home Park. All work will be conducted adjacent to and within Bogue Sound, in Emerald Isle, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. RECEIVED APR 2 9 2015 CY{} W�-IW I94 bNq -2- Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Sincerely; Tyler Crumbley Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Copies Furnished (with enclosures): Mr. John Odom Prestige Land Surveying, P.A. 501 W.B. McLean Blvd. Cape Carteret North Carolina 28584 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 ACEivED Morehead City, North Carolina 28557-3421 APR 9. 9 2015 Ms. Debra Wilson Division of Coastal Management North Carolina Department of -3- 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 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 RECEIVED APR 2 9 2015 Ifs iw- mq t-qy KIN SPECIAL CONDITIONS SAW-2015-00524 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. The pilings supporting the pier shall be placed at least 10 feet apart. 3. The spacing between all deck boards shall be at least one half of an inch or grated decking shall be used. 4. The pilings shall be driven into the substrate rather than jetting. 5. The width of the pier shall not exceed 4.0 feet. 6. The minimum elevation of the pier shall be at least +5 feet Normal High Water. 7. Dredging is not authorized. 8. All work authorized by this permit must be performed in strict compliance with the approved plans received on 23 April, 2015, which are a part of this permit. Any modification to these plans must be authorized prior to implementation. 9. 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. 10. All work authorized by this permit must be performed in strict compliance with the attached 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. 11. 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 RECEIVED APR 9 9 1015 uCm7mw4prry -5- 12. United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. RECEIVED APR 9.9 2015 lf4 W�-W�nG Wit* In 19. 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. 20. 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 pemrittee's discovery of the violation. RECEIVED APR 2 9 2015 "OJ"_Mnq FITS✓ •�—' i Please use this card to schedule a pre -construction conference immediately 3iiFOIZou beg r.�"u� n„ §W V work on vo r pe itted p ject. J Ivor II1l1VW'V�vM1['� ovae,� �}�1( ;V,, M Imz� 412q/15 {� 1 The pre -construction meeting will give you the opporiun ty to isc s permit con tions, construction techniques and any questions you may have with a Coastal Management representative. This will enable you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out his card and mail it to the L iv;sion of Coastai Management .t the a dress on t:ie, reverse side of 'his card T hank '('u. 51d U&tj 4 S * Telephonetium"e"✓ 2— /3.✓ - � Pr.;iec'. Starting Date_-4 N.C. Division of Caaetal management RECEIVED NC Division of Coastal Management MAY 0 4 1015 400 Commerce Avenue rrlrWtvjnw WO, Morehead City, NC 28557 2q$Fga56099. I6��Jpll��llIIIIII I ulldIl'blgldIIIIIIIIhlI,ygIIfill North Curwwa - cp4r-wp,,' r anr:: at esa;: Ces (x )1114� 61 v x-L"� NCDENR North CarDiina Departiririenit of EnvironmenI,end NEftnrd Resources Pat McCrory Cover. nor CERTIFIED MAIL 7002 3150 0003 9918 2860 RETURN RECEIPT REQUESTED 4/7/15 Mr. Michael Paylor 311 Challenger Rd. Raleigh, NC 27603 RE: NOTICE OF FAILURE TO APPLY FOR CAMA PERMIT CASE #15-03C Dear Mr. Paylor: Dan, aild R van .der Vaaft sBcratay This letter confirms that on 2/3/15, 1 was onsite at Forest Hills Mobile Home Park, Lt. 55. This property is located adjacent to Bogue Sound in Emerald Isle, Carteret County, North Carolina. The purpose of the visit was to conduct a site visit for a CAMA Major Permit application submitted by the property owner. During that visit I observed an unauthorized jet ski lift. Information gathered by me shows that you undertook major development not authorized by this division. No person may undertake major development in a designated Area of Environmental Concern without first obtaining a permit or authorization from the North Carolina Department of Environment and Natural Resources, North Carolina General Statutes (N.C.G.S.) 113A-118. I have information that you undertook, or are legally responsible for major development by installing a 4'X12' Jet Ski ramp on the aforementioned leased property. This activity took place in Estuarine Waters and Public Trust Area that are contiguous with Bogue Sound. Estuarine Waters and Public Trust Areas are designated as Area(s) of Environmental Concern (AEC). Any work in an Area of Environmental Concern requires you to file the necessary application with this office for a CAMA Development Permit. No work may proceed in an AEC until a CAMA permit is issued. IPlhmntm;:25� �'28QRSI11hYm�urct:uam�wrm¢demRg� /Fm �gpol(�7ppm'+LmlyjlUnYfl'mreN'v�e�tNlmm�mpl�y;®r—IUi�i@ im @e�%tll%�YR�� I�If� Mr. Michael Paylor 4/7/15 Page 2 of 2 Any unauthorized work after receipt of this Notice may constitute a violation of the Act and you may be subject to civil and/or criminal penalties as provided by North Carolina General Statute (NCGS)113A- 126. Each day that the development described in this Notice is continued or repeated may constitute a separate violation that is subject to an additional assessment of $10,000. An injunction or criminal penalty may also be sought to enforce any violation in accordance with NCGS 113A-126. In this case, there will be no assessment levied against you. However, if you continue to violate the Coastal Area Management Act, you should consider yourself forewarned and expect a civil penalty to be levied against you consistent with the North Carolina Administrative Code, Title 15A, Subchapter 7J, Section .0409, as adopted by the Coastal Resources Commission. The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the requirements of these laws. Si cerely, �--- Ryan Davenport Coastal Management Representative Cc: Roy Brownlow, District Manager, DCM Jonathan Howell, Permit Coordinator, DCM Braxton Davis, Director, DCM Tier 1 I� NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 27, 2015 William B. McLean Residuary Trust c/o Paxon Holz 106 Manatee St. Cape Carteret, N.C. 28584 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, Douglas V. Huggett IVA— Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.ncooastalmanagement.net An Equal Opportunity/Affirmative Action Employer DCMCoordinator: /060e// Permit#: ` -1-/'- MAILING DISTRIBUTION SHEET Permitee: i�^c lr2vi ry s 1— DCM Field Offices Elizabeth City (with revised work plan drawings) Alohead Cit Washington Wilmington US ACOE Offices: Washington: R alei Bland Wilmington: ler Crumble Cultural Resources: Renee Gledhill -Early onmcntal.review@ncdcr.gov Public Water Supply: Williams Joey White (WARD) NC DOT: Shellfish Sanitation: (Patti Fowler State Property: Water Resources: (NC DOT) Washington: Anthony Scarborough Wilmington: Steenhuis — 40i_.-� Chad Coburn - 401 Linda Lewis - Stormwater Wildlife Resources: iz; LPO: Fax Distribution: Permitee Agent #:. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: William B. McLean Residuary Trust(Paxon Holz) 2. LOCATION OF PROJECT SITE: Forest Hills Mobile Home Park Lt 54 Photo Index - 2006: 38-8067 grids (I-8) Longitude:77°03'27.50" Latitude:34°39'56.13" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—2/3/15 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—1/28/15 Application Complete- 2/6/15 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Emerald Isle dated 2/12/09 Land Classification from LUP — Residential (B) AEC(s) Involved: CW, EW, PTA (C) Water Dependent: (yes) (D) Intended Use: private use of tenant (E) Wastewater Treatment: Existing — On site septic Planned - None (F) Type of Structures: Existing — 5 docks with 6 slips, mobile homes Planned —1 dock with ladditional slip (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water (dock) N/A N/A 660Ft2 Shaded 829Ft2 Incorp. (B) Coastal Wetland(dock) N/A N/A 480 Ftz (D) Total Area Disturbed: 1,309ft2 (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: In an effort to provide a docking facility for Lt. 54 William B. McLean Residuary Trust is applying for a new dock, platform and boatlift in Forest Hills MHP. This would create a total of 7 slips on the property. William B. McLean Residuary Trust Page 02 9. Narrative Description The William B. McLean Residuary Trust project is located at Lot #54 in Forest Hills Mobile Home Park on the western end of Emerald Isle. This mobile home park is owned by multiple parties however William B. McLean Residuary Trust owns lots 53 through 57. One slip on lot 58 exists within this riparian corridor. This park is located by traveling east along Hwy. 58 and turning north onto Islander Dr. which turns into E. Harbor Dr. Lots 53 through 57 are at the end of E. Harbor Dr. This parcel is bordered on either side by a continuation of the park owned by Seaside Siblings LLC. WB McLean Residuary Trust property is 6.9 acres in its entirety, has a shoreline length of 485' and is an average of 8' above NHW. Presently there are 5 existing docks extending off this parcel with a total of 6 slips. There are also multiple mobile homes existing on high ground. The high ground vegetation consists of various grasses and woody vegetation. A fringe of Coastal Wetlands adjacent to Bogue Sound consists of Smooth Cordgrass (Spartina alterniflora), Glasswort Salicomia spp.), Sea Lavender (Limonium.spp.) and Black Needle Rush (Juncus roemarianus). There are dense areas of SAV in the near shore area. The Emerald Isle Land Use Plan classifies this property as Residential, with all AEC's classified Conservation. This section of the Bogue Sound is not designated as Primary Nursery Area, is open to the taking of shellfish and carries a water classification of SA/ORW. The substrate in this area is mostly sand and silt. Water depths along the shoreline are shallow (<1') but increase to approximately 2' MLW at the end of the existing docks. There is a channel approx. 20ft off the existing docks and the width of the waterbody in this area is — 600ft. 10. Project Description: William B. McLean Residuary Trust proposes to construct a 1-slip dock in order to provide water access to Lot 54. Extending off of high ground, the proposed 5' wide dock would cross 80' of coastal wetlands and extend another 110'into the waterbody. The walkway would be elevated 3' above wetland substrate. A 10'X16' platform would be constructed at the end of the dock. A ITX13' boatlift would be placed along the Western side of the platform. This boatlift would add one additional slip to the existing 6 slips for a total of 7 formalized slips on this property. This proposed docking access would extend a total of 120' into the waterbody which is approximately 600' wide. Water depths in the area of the proposed dock range from -1.0' to -.2.0' at mean low water. There are SAV beds in the area of the docking facility however the boatlift has been positioned to avoid the SAV. William B. McLean Residuary Trust Page 03 11. Anticipated Impacts: The proposed pier and platform would shade 660ft2and incorporate 829ft2of open waters. There would be 480ft2of coastal wetland shading. The setting of pilings would cause temporary turbidity. There would be no hindrance to navigation due to the fact that the proposed dock is within the existing footprint of the overall docking facility. Water depths at approximately 2' are marginal and could impact SAV beds. The total pier length, which includes the platform and boatlift, would be a distance of 120'offshore from water -ward edge of marsh within a 600' wide waterbody. Name: Ryan Davenport Date: 2/10/15 Morehead City Bennett, Ronda From: Legals <legals@thenewstimes.com> Sent: Friday, February 13, 2015 8:49 AM To: Bennett, Ronda Subject: Re: Public Notice This ad is set and scheduled to run on February 18, 2015 in the amount of $ 49.08. Proof: NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGB t10A-11 g(b) Vial application fora development permit in an Area of Environmental Concern as designated under Ne CAh1A was received on 2/8/15. According to the application. William B. McLean Residuary Trust applied to construct a 1 slip dock at Lt 541n Forest Hills MHP in Emerald Isle, Carteret County. A copy of the entire application may be examined or copied at Iha office of Ryan Davenport NO Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NO, (252) 8082808 during normal businesshours. Comments mailed to Braxton C. Davis, Director, Division of Coaslel Management 400 Commerce Avenue, Morehead City, N.C. 28557, prior to M/15, will be considered In making the pmmit decision. Later comments will be accepted and considered up to the tone of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of me permit decision in this matterwill be provided upon written request F16 On Feb 13, 2015, at 8:36 AM, Bennett, Ronda wrote: Carteret News Times PO Box 1679 Morehead City, NC 28557 Re: Public Notice — William B. McLean Residuary Trust Dear Sir: 2/13/15 Please publish the attached Notice in the 2/18/15 issue of the Carteret News Times. The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, J. Ryan Davenport Coastal Management Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 1I3A- I I9(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 2/6/15. According to the application, William B. McLean Residuary Trust applied to construct a 1 slip dock at Lt 54 in Forest Hills MHP in Emerald Isle, Carteret County. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/9/15, 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: 2/18/15 *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 unless the content is exempt by statute or other regulation.* <image002.jpg> M Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. <imageO02.jpg><Bennett Ronda.vcf> f ARff11f1ff111ff Judy Allred Legal Assistant — Carteret County News -Times 4206 Bridges Street I Morehead City, NC 28557 Phone: 252-726-7081 ext. 207 1 Fax: 252-726-2653 LegalscDTheNewsTimes.com — www.CarolinaCoastOnline.com J PREPARED BY JOHN H. PHILLIPS, P.A.; Morehead City, NC NORTH CAROLINA CARTERET COUNTY EXECUTOR'S DEED PAXON MCLEAN HOLZ 106 Manatee Street Swansboro, NC 28584 This Deed, made this 2nd day of March, 1994, by and between Paxon McLean Holz, Executor of the Estate of William B. McLean, deceased, party of the first part; and Paxon McLean Holz, as Trustee of the William B. McLean Residuary Trust, party of the second part, all of Carteret County, North Carolina; W I T N E S S E T H: That whereas, William B. McLean died, leaving a last Will and Testament which is duly probated and recorded in the office of the Clerk of the superior Court of Carteret County; therein naming said party of the first part as his executor; and Whereas, said party of the first part has duly qualified and is now acting as such executor; and Whereas, Article VI of said Will directed said party of the first part as such executor to convey real estate belonging to said estate to the William B. McLean Residuary Trust. NOW., THEREFORE, said party of the first part, acting as executor as aforesaid, for a valuable consideration to her in hand paid, the receipt of which is hereby acknowledged, and under authority and direction of the power given her in said Will, has bargained and sold and by these presents does bargain, sell and convey unto the said party of the second part and her successors and assigns, certain lands belonging to Enid estate and lying and being in Carteret County, North Carolina, and more particularly described on EXHIBIT •A- attached hereto. To have and to hold, the aforesaid tracts or parcels of land together with all privileges and appurtenances thereunto belonging to her, the said party of the second part and her successors and assigns in fee simple forever. In testimony hereof, said party of the first part, acting as executor as aforesaid, has hereunto set her hand and seal, the day and year first above writta {SEAL) Pa n MCI.ea� olz, Hxe u or oP the Estate of William B. McLean �epM,ti 7 Point of 1,eginning. And for purposes of identification being known as tax parcel 15-033D-03-03.- TRACT 49: Being all of that area lying east of Bogus Inlet, north:"7+" of S.R. $8, west of Holly Street, and south of Holly Point Subdivision, save and except those parcels sold to Bogus Banks Water Corp. in December, 1993, to Nelson Miller by Deed of record in Book 378, page 217; to L. H. McNeill by Deed of record in Book 314, page 295; and to Hugh Payne by Dead of record in Book 306, page 62 _ TRACT 50: Being all the undivided interest in Tract 2, Book 431, page 2 TRACT 51: Being all the undivided interest in Tracts 8, 9 and 17, Book 431, page 2 TRACT 52. Being all the undivided interest in the eastmost 200 feet of Tract 6, Book 431, page 2 TRACT 53: Being all that property conveyed to W. B. McLean by Deed of record in Book 519, page 346 TRACT 54: Being all of Tracts 1 and 2, as conveyed in Dead of record in Book 709, page 74, re -recorded in Book 717, page 85 TRAM 55: Being the one-half undivided interest in that property known as Lighthouse Golf, being located and adjacent to the east line of Islander Drive, north and adjacent to Reed Drive, west of and adjacent to the Allen property (396-31), and south of and adjacent to Highway 58 TRACT 56: Being all of Tract 3 as shown in Book 424, page 102 TRACT 57: Being that island lying in Deer Creek located generally north of Paul Smith lot TRACT SO: Being that tract lying between Sound View Court, sound View Drive, Youpon Drive and the highwater mark of Bogus Sound not previously conveyed TRACT 59: Being all of Lots 30 and 31, Block D, Cape Carterett, Map Book 4, page 53 TRACT 6e: Being the south 25 feet of Lot 8, all of Lot 9, and the north 25 feet of Lot 10, Block M, Bayshore Park, Map Book 5, page 65 TRACT 61: Lot 59, Block A, Section B, Star Hill Golf 5 Country Club Map Book 7, page 72 Lot 41, Block B, Section B, Star Hill Golf 6 Country Club Map Book 7, page 72 BOOK 7,3n PAGE W& ?FCF/CFO �qN ad oCM j0j5 Rr NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor William B. McLean Residuary Trust C/o John Odum 501 W. B. McLean Blvd. Cape Carteret, NC 28584 Dear Mr. Odum: Donald R. van der Vaart Secretary 2/13/15 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at Forest Hills Mobile Home Park in Emerald Isle. The complete package was received on 2/6/15. The projected deadline for making a decision is 4/21/15. 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 216/15, 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. Si ely, f y n venport o tal Management Representative Enclosure cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707.86001 Internet: www.ncdenr.gov An Equal Opportunity\ Affirmative Action Employer— Made in part by recycled paper D lJT E cc,5� COMMENTS ACCEPTED THROUGH S�AP??PLIFANT: [.✓ I l�� Imo. ! "�z✓C.�G'1 �FJrc����� .. FOR MORE DETAILS CONTACT THE OCAL P/�RMIT OFFICER BELOW: evDo 'This is a word processing form to be completed in Microsoft Word' NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: William B. McLean Residuary Trust 2113115 Project Site County: Carteret Staff.., JRD District: ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Forest Hills MHP Lt. 54 Rover File: N/A Date of initial application submittal,(EX: 1/8/2007) 1128115 Date application "received as complete" in the Field office (EX.' 1/8/2007): 2/6/15 Permit Authorization: MCAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: El Yes ®No Photos Taken: Yes® No❑ Setback Required (riparian): ❑Yes ®No Critical Habitat: ❑Yes ®No ❑Not Sure 15 foot waiver obtained."[] Yes ®No Hazard Notification Returned: []Yes ®No SAV'EYes ❑No [-]NotSure Shell Bottom: ❑Yes ®No ❑ Not Sure Temporary Impacts., ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from county LUP:❑Yes ®No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ❑Yes ❑No ❑NA Environmental Assessment Done: ❑Yes ®No❑NA SECONDARY WATER CLASSIFICATION -OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FINS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) ® Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ® (LS) Sea lavender (Limonium sp.) ® (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ® (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ® (JR) Black needlerush (Juncus M (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ® III(A) Private w/D&F up to f acre; 3490 ❑ III(D) Priv. public or comm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer -$100 ❑I11(B)Public orcommercial w/D&Fto1 ❑Express Permit -$2000 acre; 3490 can be applied - $400 ❑ Major development extension request - M 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ M(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.nccoastalmanaaement.net revised: 02/15/10 WC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: William a Mclean Date: 2113115 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension f Dimension 2 Dimension 3 Dimension 4 Dock 1 New Work® Maint ❑ Replace ❑ Y ® N 120' 5' Platform 1 New Work® Maint ❑ Replace ❑ Y ® N 10, 16' Boatlift 1 New Work 13' 13' New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint❑ Replace ❑Y❑N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N New Work❑ Maint ❑ Replace ❑ Y ❑ N revised 02115h0 WC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: William B. Mclean Date: 2113115 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 Coastal Wetlands Dredge ❑ Fill ❑ Both ❑ Other ® 480sq 1t 480sq 1t Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 660sq It 660sq It Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 :: 1.888.4ftCOAST :: www.nccoastalmanauement.net revised: 02115/10 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Carteret News Times PO Box 1679 Morehead City, NC 28557 Re: Public Notice — William B. McLean Residuary Trust Dear Sir: Please publish the attached Notice in the 2/18/15 issue of the Carteret News Times. Donald R. van der Vaal Secretary 2/13/15 The State Office of Budget and Management require an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. J. Ryan aven Coastal nagement Representative Enclosure cc: Roy Brownlow, District Manager Doug Huggett, Major Permits Coordinator NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600\ Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper 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 2/6/15. According to the application, William B. McLean Residuary Trust applied to construct a 1 slip dock at Lt 54 in Forest Hills MHP in Emerald Isle, Carteret County. A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808 2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/9/15, 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: 2/18/15 N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date JANVA2y 2n, 201S Name of Property Owner Applying for Permit: WIt.LIkM 5. MLLeAN 9E51Dv!!-44 Tizuyr - PA"tJ K Hooz I-Ptu1"TEE Mailing Address: 10(v MAt4AT96 'oTaeET CAP& 6AZf0.6-r I r(� 28594- y Jotr�+ oauM I certify that 1 have authorized (agent) IIt,E5Tibla LkNn SvRuEYI•W f.R. - Io act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) 2co ' PI V& I I taX (0' 51 rn 06 AkA< A NO 80A7 L.' FT � at (my property located at) �341 Rhft6ox D2ivE I Lor 54 Fon.esr iitl.LS (KwLc t4o&i0?1dt.KC This certification is valid thru (date) j /, o)p1`5 0 Property Owner Signature 1,rcFi1, Date Fo tiI* ,prettly Land Surveying, P.A. Certified Mail — Return Receipt Requested January 27, 2015 Seaside Siblings, LLC Post Office Box 4549 Emerald Isle, NC 28594 Dear Seaside Siblings, LLC: 501 W.B. McLean Blvd. Cape Carteret, NC 28584 (252)393-2129 FAX (252) 393-3075 The W.B. McLean Residuary Trust, Paxon M. Holz, Trustee is applying for a CAMA Major permit to construct a 200'+/- pier with a 16'x10' L shaped sitting area and a boat lift, located at 539 Harbour Drive on Bogue Sound, in Carteret County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Roy Brownlow, 400 Commerce Ave., Morehead City, NC 28557, within 30 days of your receipt of this notice. The Department in reaching a final decision on the application will consider such comments. No comment within 30 days of you receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 252-393-2129, or email me at presti¢esurveving(a)embargmail.com Sincerely, Wn. Odom, P.L.S. Enclosures ADJACENT RIPARIAN PROPERTY OlhINER STATEMENT ''..`` 1I11 ffnnddP� n � I hereby certify that I own property adjacent to hU l� � Atnn K • r Vl LFR�1 t(ES IflUAr( ), l oUS s g !� (Name of Property Owner) Property locatedat�� Yy/}R�QRV/RI�(� UOi 5+ FnRESi HILLS AQAlLE(40m6Pr on jD (rLj E q I�fiJ (Address, Lot, Block, Road, etc.) in EAT --A tin ISL- , 0 t421 Cl2C 1 , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must 17(l in description below or attach a site drawing) 4 iFr �I I understand that a pier, docl back a minimum distance of wish to waive the setback, yc I do wish to c 9y F WAIVERt TIO N40 mooringpili gs, b e kwa er, boathouse,in must be set Tfrom my re o pari n access unleved by me. (If you must initial he a o opri .te blank below.) the 15' setback rnh irP.mbnr A', I do net wish t ive the 15' I L-L09JI0, . 1MQ-EA/�/�C�S�tJuaAM upercy owner Information) dR �Ax Nsv�- HQLZ, 10US C-E Print or I e Name iAdjacent Property Owner Information) Signature Printor Type Name I Maili g Address A7 Mailing Address i42iC--i2C i /�� Gzi�2.GL�4 Cify/StatelLp Ciry/State2ip ( T�hone Number Telephone Number Lv Date Date (Revised 6/1 &'2012) Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is (he docking facility/marina: b. (i) Will the facility be open to the general public? •C commercial ❑Public/Govemment ❑Private/Community []Yes No c. (I) Dock(s) and/or Pieria) d. (i) Are Finger Piers included? []Yes O-r1 (II)Number _�5F1l IS{I),)(o IP('p�r7yGYJ If yes: (!it) Length 1040' (11) Number (iv) Width s r / (III) Length (v) Floating []Yes &No (Iv) Width (v) Floating ❑Yes []No vea a. (1) Are Platforms included? ®Yes []No f. (i) Are Boatlifts included? ❑No If yes: /- ' (it)Number �NWOES PfOjro5tr0 If yes: (it)Number —4 i,JcooEs PeoP0515,12i (!it) Length %0' (III) Length q81 (Iv) Width 10V -- (Iv) Width J (v) Floating []Yes (yNo Note: Roofed areas are calculated from ddpline dimensions. g. (I) Number of slips proposed h. Check all the types of services to be provided. 9,1A Q ❑ Full service, including travel lift and/or rail, repair or (it) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 1. Check the proposed type of siting: ❑ Land cut and access channel ❑,,..�Open water, dredging for basin and/or channel LrOpen water, no dredging required []Other; please describe: k. Typical boat length: 4 30 M. (i) N(ill the facility have tie pilings? es o (it) If yes number of lie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 1.11 auN Sle-tFFS Aw4 P?EN AWAO" fS I. (1) Will the facili a open to the general public? ❑Yes o �� ~4/x, 'f Form OCM MP-4 (Structures, Page 3 of 6i s in. Is the marinaldocking facility pmposed within a primary or secondary nursery area? ❑Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), a other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) Mthis section not applicable a. (I) Number (li) Length (III) Width 5. BREAKWATER (e.g., wood, sheeipile, etc.) is section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWLorwedands 6. MOORING PILINGS and BUOYS [Ohis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Pdvate/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Bogue Sound 0 vaav&m atb' rewT uFr o ` ° -15 1.5 .8 +-1.5ii 4 -1.7 I� 1.5 I +-1.0 0 -o.B IN RT59'cSTI -- — Park & MARSH +0.7 I +0.5 MARSH 5$ +1. +1.0 VEC SPACE LESSEE DON SASSER `2`+ arbor Drive 30' R/W .• .� I RM-1' BY e ° BOAT 4FT 0 Z s PROPERTY OWNER THE WILLIAM B. MCLEAN RESIDUARY TRUST PAXON M. HOLZ, TRUSTEE 106 MANATEE STREET CAPE CARTERET, NC 28584 D.B.730, PG.993 P.I.N. 5383.06-48-0583 RFCF CFO -'4N ay N;x PROPERTY OWNER SEASIDE SIBLINGS, S, LILDC POST OMCE BOX 4549 EMERALD ISLE, NC 28594 D.B.1204, PG.152 P.I.N. 5383.06-48-5625 I BOAT uFr ° i hEe pg6'r6 Ior 3 F-Xn h4OTEi T 1�E(+END p Uw,�tty MAP C.A.M.A. APPLICATION DRAWING FOI Don Sasser c/o Larry Arnold SPACE 54, 539 HARBOR DRIVE, 3inr:�[lii#A � rrstigP ' �V` Land Surveying, P.A. Corporation License Number C-0960 501 W. B. McLean Blvd. - Cape Carteret STFansboro, North Carolina 28584 4133 ,. - + - - - ," �. .. _ : . ,. ._.. r .. .. �. j 5 I ii � ,. .. ..; ,. t i. � ., �' Al.�r � � V i �. i1 1 � tF .1 w. � � .6I 1.0 +-1.8 1 +-2.0 Bogue Sound PROPSSE D ..... i +-1.8 +-1.9 $1.8 +-1.5 0 - -1.7 +-1.0 M +-1.3 �ME Park & I Access o DECK Ul 00CL PFCev"o O JAMLi BBTOg W ""gwp„1 U- I 54 W O JQ U to U_ 2 D_ a � a M' . S 84 29"0 THIS YAP IS NOT FOR RECORDING. 'I certify that this nap was drawn by me from an actual survey made under my supervision (deeel- other reference source Forest Hills MHP map) that the boundaries not surveyed are Indicated as drawn from Information 14 Eleele ---- Page __er other reference source Forest Hills MHP map) that the ratio of precision Is 1.10,000+) and that this map meets the requirements of The Standards of Practice for Land Surveying In North Carolina (21 NCAC 56. 1600).' This 26thAay of November, 2014. 4 All ---1 L-3062 inat Land Surveyor License No. LM2T JCJ SEPTEMBER 23, 2014 25 DRAWN BY JAO J Ln 0 3- BOAT LIFI y a 7N o -1.5 �< -1.5 Nl1 �o [ERB] ui VICINITY MAP •5 NOT TO SCALE SEAL r L-3062 Q '3 M100 . vOy suav�y . .`- H wpiW LEGEND EI.P. EXISTING IRON PIPE S.I.S. SET IRON STAKE R/W RIGHT OF WAY------- M.B.S.L MINIMUM BUILDING SETBACK LINE M.B. MAP BOOK - PG. PAGE S.F. SQUARE FEET q CENTERLINE----- E.C.M. EXISTING CONCRETE MONUMENT E.I.S. EXISTING IRON STAKE E.M.N. EXISTING MAG NAIL S.M.N. SET MAG NAIL +-1.5 SPOT ELEVATION BOUNDARY LINE ADJOINER LINE ---- PROPOSED PIER LINE NORMAL HIGH WATER LINE- - - MARSH & WATER LINE M RIPARIAN LINE ---- NOTES 7.)) AREA =22,755.0 S.F. (BY COORDINATE 2.) CLOSURE - 1:10,000+ COMPUTATION. 3. REFERENCE :FOREST HILLS MOBILE HOME PARK MAP BY MCLEAN ENGINEERING. 4. P.I.N.5383.06-48-0583 PORTION OF. 5. FLOOD ZONE :ZONE AE(EL9) PER F.I.R.M. 3720538300J, 7-16-003. 6. FINAL MAP RECORDED : 7. THIS PROPERTY IS SUBJECT TO ALL EASEMENTS, AGREEMENTS, AND RIGHTS OF WAY OF RECORD PRIOR TO THE DATE OF THIS PLAT. e. ADDRESS: 539 HARBOR DRIVE. 9. ELEVATIONS BASED ON NORMAL LOW WATER OF 0.0'. arbor Dr3 eR/w Don Sasser c/o Larry Arnold 54, 539 HARBOR DRIVE, sr""=40' as NOVEMBER 26, 2014 "A14133 O rrstige PA" I ol: 3 Land Surveying, P.A. Corporation License Number C-0960 501 W. B. McLean Blvd. - Cape Carteret Swansboro. North Carolina 28584 R Bogue Sound .9I d I,ON FN46M1.�.� O O sn' uFr l ° -15 .e +-1.5 B 1.5 17 I jo � 1tR,w To BL KQmoJITO 'Ea N 8759' —�' -^— _ SI 9Y 4 8 �/ 2 k I Y IMARSH +0+0.5 MARSH .7 0.8 MARSH I y 55 / o u + 1.0 1.0 S FR * 'ioz� Park & I Access � DECK 0 OI 0 w SPACE LESSEE DON SASSER arbor prAve 30' R/W 60 0 60 RRnMENOWN���s� GRAPHIC SCALE — FEET ADDEO Ttt� Fl LIN66 oN ADJOI141Nbpim z-s-1s 7 °D TIE Plu 9MT U" 0 tRROPERTY OWNER HE WILLIAM B. MCLEAN RESIDli TRUST PAX M. 4QLZ, TRUSTEE 106 �1QaEE STREET CAPE CAR ET, NC 28584 D.B.730, PG.993 P.I.N. 5383.06-48-0583 URVEYED BY DATE JCJ 9-23-14 1-5-15 �RLD Rook FI 125 DRAWN BY PROPERTY OWNER ON WEST & EAST SIDE SEASIDE SIBLINGS, LLC POST OFFICE BOX 4549 EMERALD ISLE, NC 28594 D.B.1204, PG.152 P.I.N. 5383.06-48-5625 ° BOAT LIFT ,.1?7 EPIe1na / RECEIVED FEB 0 6 2015 DCM-MHD CITY y� F. for 3 Fu 1+oT ES } LEGet-+L F U�ur%c r� MAP Don Sasser c/o Larry Arnold 539 HARBOR DRIVE, ...DATE K6Vlyllo 2. 51'W7s IPROJECT NO. 0' JANUARY B, 2015 201 9restige PAGE Land Surveying, P.A. Corporation License Number C-0960 501 A. B. McLean Blvd. - Cape Carteret R�anahnrn. North Carolina 28584 CAN I O _ N W A In 2.3 m r • m—_� n' < ?m__ b _ 3 2 � , f- +-1.8 I Bogue Sound +-2.0 PROP&M '1 +-1.8 +-1.9 -1.8 � S -0.6 � +-1.5 a -1.7 vl +-1.0 D F, Z I +-1.0 -0.6 1I m c _ _ i4 NT5 � UNE I M 0.8 3 Y 1.0 N Al k461-F � w EtYZ .1— Park & Acc ss r e � RFCF/CFO F � ✓qN 2 'fF;Ur" oQ 9� R sA] YYIFI- g a Z a a 40 0 40 80 GRAPHIC SCALE - FEET +-1.3 DECK I J 56E QA6¢ 10 c 3 FOIL NOTES , LqC rwNA i VIC11 Don Sasser c/o Larry Arnold 54, 539 HARBOR DRIVE. sc= OI7S' PR0J6Cf AMN0. 1"=40' JANUARY 9, 2015 4133 0rrstt-gr SHEET 3 OF 3 Land Surveying, P.A. Corporation License Number C-0960 501 W. B. McLean Blvd. - Cape Carteret Sbansboro, North Carolina 28584 252-393-2129 Faz 252-393-3075 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: William B. McLean Residuary Trust c/o Paxon Holz County: Carteret LOCATION OF PROJECT: Lot 54, Forest Hills MHP., Emerald Isle. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2/6/15 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: Morehead -City DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 2/13/15 FEE REC'D: $400.00 (100%) PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 3/9/15 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes APPLICATION ASSIGNED TO: Jonathan Howell ON: 2/13/15 C) 75 DAY DEADLINE: �I 150 - DAY DEADLINE: MAIL OUT DATE: 2/12/15 STATE DUE DATE: FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBIEC I IONS YES NO SOTES Coastal Management - Regional Representafive IA I I y ✓/ Coastal Management - LUP Consistency Detetminafioo VVV�/ Division of Community Assistance 'Zfrl r Land Quality Secfion Division of Water Quality 7 ,s-Otg3 mo(� Stone Water Management (DWQ) State Property Office Division of Archives& History 3_lj 0s�I$ Division of En uternental Health ,/✓ Division of Highways 37-b-15 ✓ Wildlife Resources Commission 31(-I$ ✓ q (La;�cv, C� Local Peanut Once Division of Marine Fisheries 3,,(_'� 1 S ✓ ('o,ps of Engineers 0wj 3-S-)s c% IL ` AWN North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Wart Governor Secretary C.15.OZ. ICl.ot February 13, 2015 42 Fig 2015 MEMORANDUM: ¢� �y TO: Maria Dunn 6 p oo s,1 1 \ NC Wildlife Resources Commission 9 C b . FROM: Jonathan Howell Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: William B. McLean Residuary Trust c/o Paxon Holz Project Location: Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform , and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 n�w' —T'T� DATE 3-2--7.DIO RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 MAR 0 4 1015 Phone: 252.808-28081 FAX 252.247.33301 Internet: www.ncooastalmanagement.net Hr I, RM iffy An Equal Opportunity / Affirmative Action Employer North Carolina Wildlife Resources Commission _1 Gordon Myers, Executive Director MEMORANDUM TO: Daniel Govoni, Assistant Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Maria T. Dunn, Coastal Region Coordinator Habitat Conservation Program DATE: March 2, 2015 SUBJECT: CAMA Dredge/Fill Permit Application for William B. McLean Residuary Trust, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at Lot 54, Forest Hills MHP in Emerald Isle, NC adjacent Bogue Sound. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. It 3A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct a new dock, platform and boatlift on Lot 54. This additional lift would create a total of 7 slips for the property. Water depths within the project area near the lift would be near 2'MLW. Submerged aquatic vegetation (SAV) is near and within the project area. Bogue Sound at this location is classified SA ORW by the Environmental Management Commission and is open to shellfish harvest. The NC WRC has reviewed the permit application. We understand there are similar docking facilities nearby and although the -2' ML W is the minimum that should be present for a slip; we do not believe the project will have significant impacts. However, to minimize detrimental impacts to shallow water habitats, including SAV, along the length of the pier, we request railings be included in project design to deter vessel tie-up outside the designated slip area at the terminus of the structure. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at RECEIVED maria.dunn(ancwildlife.org MAR 04 2015 PYWM-WFI rP[N Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 NO H,� i nh J;sil); )I noe' ,IIi 0: i!I -I,,! 1!IA I :/ Frn, I lei! Ili w !!.v; d, i,! . NIli 1',f rboda smyc" qO MPI i I,[)- nf, ";kqo,1! NO sjus 101 rI T IM Jew of, Q .;A 1 1 &W M 4) My lit !f:fneo lyfl, f.o im,i fl:- P Ili J"I: , i I n r : in " I; . r) / 'i i,;' I.' I;. , " I ) ,, 1! ( ! 1-: 1; . I i , I : I I 7 1) 11 ", n, r.pj, i, 1,l5 I I li. I ; I, ;: I I pp " :dlt, ;.:-1 ;)". 1 .!!No . 4 1 1 " ;p A IEh I j %,A, gi I. in r, > rl , ; m ATh, A : t) i Az nili I !I 'Iilqp! Ai YmTaq 01 A 5 on " .0 V " owl p Wl:, W l" 1 "It!'Al !,:,!il J,' OW Iva 0 4 m q: tqcW*W UP , M" bill :I.;j . . . . , . ��ni,bob ,.I, III T.-il'on -,01/ fill; los! ')(!; !,-, ;1,i i".1 P,:d 6-� d in. 4 Oi A KEW JIM, mimik A 1 001 W AHA S I! If,! fl.. fiW.l1j I-`.! I I! II im ")j I)! i !:I ii I iiir,-Ai I-,i, Pli (,I kwbill-irli PI npiml numpol on Aq WAN Hkad A ;nor.'; e O"WMIN '[Wni I; + .;I:, ;(� ei;ninIl I -_":: i.:—Trz rl? WTVA %,Ad am q"- ,; in o, WL .0 !I .,Iflill;Silyl, Jill, , q "!d; 1., )l , 1' J: /-,j Ili v.jilwl 1w:, , "1'1" " 11 in ul N VOM 0 AW A; WO A&M. WMAI miml Ad lumoidak I 11phlep" %on; "I[ -iw I I, i':fm ice' - my MY badid -�,- fir-ierli(] FCDETVR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Jim"Mi" Joanne Steenhuis Division of Water Resources Jonathan Howell Major Permits Processing Coordinator Donald R. van der Vaart Secretary 1FCNEIVE FEB 19 2015 By:_. CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform, and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: ZTbis agency has no objection to the project as proposed. WAR 0 5 7015 Bem�rrr� �Kv 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 Z�zall 40o 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 FDA North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary _%0klvs� FES f 9 2015 Dan Sams Division of Energy, Mineral & Land Resources Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform , and boatlift in Forest Hills MHP. This would create 7 slips on the. property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested.. REPLY: This agency has no objection to the project as proposed. 4— This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 1L j• —1/ DATE Z/2-bZU l S RECENED MAR 0 A 2015 400 Commerce Avenue, Morehead City, North Carolina 28557 l�PAlM_MIRf++ntrr Phone: 252-808-28081 FAX 252-247.33301 Internet www.nccoastaimanagement.net An Equal Opportunity / Affirmative Action Employer I�CDETdR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Diane Williams Public Water Supply Donald R. van der Vaart Secretary FFe, Da WRrora, ojw 9 ?015 Pub/i-cW$Regour er superp Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform, and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 2-I ZZ 1 U' RECEIVED She✓< was r W : MAR 05 2015 400 Commerce Avenue, Morehead City, North Carolina 28557 DCO-IMw!'� egKe Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nccoastaimanagement.net An Equal Opponunity / Affirmative Action Employer Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: MUM North Carolina Department of Environment and Natural Resources Donald R. van der Vaart Secretary RECEIVED Ken Pace NC DOT, State Construction/Materials Branch Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz MAR 3 2015 NEW BERN DISTRICT OFFICE Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform , and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 RECEIVED 400 Commerce Avenue, Morehead City, North Carolina 28557 low n ` Phone: 252-808-28081 FAX 252.247.33301 Internet: www.nccoastalmanagement.net An Equal Opportunity / Affirmative Action Employer RECEIVED MAR 08 -, ml'"-!WlA4+ -#, 442 NEIWINR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary Lee Padrick Division of Community Assistance Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform , and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 '2-Za 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247.33301 Internet: www.n=astalnenagement.net An Equal opportunity / Affirmative Action Employer RECEIVED MAR 0 8 2015 P RIM 0-0 Cny AGRA RENEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: . SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary RECEIVED FEB 18 2015 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz Carteret County,, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform, and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. When appropriate, in-depth comments with supporting data is requested. REPLY: AVL �f s 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 ATE ECEIVED erce Avenue, Morehea North Carolina 28557 MAR 0 4 2015 Phone: 252-808-2808 \ FAX 252.247.3330 \ Internet: www.nocoastalmanagementnet ocM-MHO CITY An Equal opportunity / Affirmative Action Employer I S Pat McCrory Governor 1`1�.DENR North Carolina Department of Environment and Natural Resources February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Etua Secretary RECEIVED 16 2015 D FEB182015 r"wd AvOi4 qua:tion &Recreational°l action Patti Fowler Shellfish Sanitation Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed. Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform , and boatlift in Forest Hills MHP. This.would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return.this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 P.111/15 400 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 To: 2522473330 From: 12523545381 2-18-15 2:58pm p. 1 of 1 North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary . February 13, 2015 TO: Local Permit Officer Emerald Isle FROM: Jonathan Howell Major Permits Processing Coordinator SUBJECT: ' CAMA/DR) DGE & FILL Permit Application Review Applicant: William B. McLean Residuary Trust c/o Paxon Holz Project Location: Carteret County, at Lot•54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform, and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by. March 5, 2015. If you have any questions regarding the proposed project, please contact Ryari Davenport, Permit officer at (252) 808-2808, East. 210. 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 L4-K DATE 2- 18- Z 0 1 S 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301Internet: www.newastalmanayement.net An Equal Opportunity/AftirmativeAction Employer Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Donald R. van der Vaart Secretary Maureen Meehan Division of Coastal Management Jonathan Howell Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review William B. McLean Residuary Trust c/o Paxon Holz Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform, and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 gency objects to the project for reason described in the attached comments. SIGNED DATE 15 400 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 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 30, 2015 William R. McLean Residuary Trust Attn: Paxon Holz 106 Manatee Street Cape Carteret, NC 28584 Donald R. van der Vaart secretary DWR.Project # 20150193 mod Carteret County Subject Property: Lot 54, Forest Hills MHP, Emerald Isle Approval of 401 Water Quality Certification with Additional Conditions Dear Mrs. Holz: This Certification rescinds and replaces the letter dated March 12, 2015. You have our approval, in accordance with the attached conditions and those listed below to construct a single slip docking facility, as described in your CAMA application dated February 13, 2015 received by the Division of Water Resources (Division) in the Wilmington Regional Office (WiRO) February 19, 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 the 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 Sediment.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 404 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. No Waste, Spoil, Solids, or Fill of Any Kind No waste; spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management. Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit 115A NCAC 02H .0501 and :0502). 127 Cardinal Drive Extenslon, Wilmington,; North Carolina 28405. Phone: 910-796-7215\Internet:.www.ncdenF eov An Equal 0ppoPnit tAlrem UveAcdon Employer -Made In padbyreoyeled paper William B. McLean Residuary Trust Attn: Paxon Holz DWR Permit # 15 0193 mod March 30, 2015 Page 2 of 4 2. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 28..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 920.796.7215 3. SAVs Please note that the area surrounding the pier contains submerged aquatic vegetation (SAVS). No impacts to SAVs are authorized by this certification. [15A NCAC 02B .0221(1) and 15A NCAC 07H .0208 (b)] 4. Any final construction plans for this project must include or reference the application and plans approved by the DWR under the 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)] 5. 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 b© and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons 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 or Steve Lewis at 919.807.6308 and after hours and on weekends call the USCG National Response Center at 1.800.424.8802. 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 21 A] Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [35A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(0] 8. 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. William;B. McLean Residuary Trust Attn: Paxon Holz DWR Permit # 15 0193 mod March 30, 2015 Page 3 of 4. Continuing Compliance; 9. The applicant/permitee and their authorized agents shall conduct all activities ina manner consistent with State waterquality standards (including any requirements resulting from compliance with 303(d) of the Clean WaterAct), and any other appropriaterequirements 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 Quality Certif ctoasation; [35AINCAC 02H 0507(d)nce, than the � ion may reevaluate and modify thls-General Water 10. Certificate of Completion the applicant and/or authorized agent shall provide a completed Certificate of Completion -form to the Division within 30 (thirty) days of project completion: Mail to: NCDENKDWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699. The certification of -completion is available at: httP://Portal.ncdenrore/web/wa/swi3/ws/401/certsandpermits/alml /f .0506(b)(5)] ms), [15A NCAC 02H 11. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the, presentation of"Proper credentials, to enterthe propertyduring normal business hours (15A NCAC 02H .0502 (e)). Violations of any condition:hereln set forth may result in revocation of this Certification and may result In criminal and/or civil penalties. The authorization to proceed witkyour proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire up expiration of the 404 or CAMA Permit. If you wish to contest any conditions in the enclosed certification (associated with the approved wetland or waters impacts) you must file,a petition for an administrative hearing. You may obtain the petition form from the office of Administrative. hearings. You must file the petition with the office of Administrative Hearings within thirty (30) days of,receipt of this notice. Apetition is considered filed when it is received in the office of Administrative Hearings'during normal office hours. The Office of Administrat accepts ive Hearings filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office'of Administrative Hearings. The, petition may be faxed -provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the4axed transmission. The mailing address for the Office of Administrative Hearingsls: Office of Administrative Hearings 6Z14 MailService Center Raleigh, NC 27699-6714 William B. McLean Residuary Trust Attn: Paxon Holz DWR Permit q 15 0193 mod March 30, 2015 Page 4 of 4 Telephone: (919)-733-2698, Facsimile: (919)-733-3478 A copy of the petition must also be served on DENR as follows: Sam M. Hayes„ General Counsel Department.of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this certification and its conditions;are final and binding This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act and 15A NCAC 02H .0500. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or by e-mail Jennifer.Burdette@ncdenr.gov or myself in the DWR Wilmington Regional Office at910.796.7306 or by e-mail Joanne.Steenhuis@ncdenr.eov. 61 Enclosures: GC 3900 Sincerely, 113 Jim Gfegseln, io al Supervisor Water QuaWy Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDENR cc: John Odom - Prestige Land Surveying, PA TylerCrumbley- USACE Wilmington Regulatory field Office Jennifer Burdette - DWR 401 Wetlands and Buffers Unit Jonathan Howell - DCM Morehead City —electronic copy Ryan Davenport - DCM Morehead City —electronic copy WiRO ApA ENR North Carolina Department of Environment and Natural Pat McCrory Governor February 13, 2015 MEMORANDUM: TO: FROM: SUBJECT: - Applicanti Project Location: rLd 2 'i 1015 61 1,; 131- Renee Gledhill -Early ->Z-/.5 ' NC Department of Cultm•a1 Resources Jonathan Ho well Major Permits Processing Coordinator CAMtVDREDGE & FILL.Pennit Application Review William B. McLean Residuary Trust c/o Pason Holz Carteret County, at Lot 54, Forest Hills MHP, in Emerald Isle. KJ OFFU Proposed Project:In an effort to provide.a •docking facility for Lt. 54', William B. McLean Residuary Trust is applying for a new dock,.platform , and boatlift in Forest Hills MHP. This would create 7 slips on the property. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 5, 2015. If you have'any questions regarding the proposed project, please contact Ryan,Daveryrort, Permit officer at (252) 808-2808. Est. 2I0. When appropriate, in-depth comments with supporting data is ,requested. REPLY: This agency has no objection to the project as proposed. t� 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 _� Ec_ DATE 3 I ' /S U 400 Commerce Avenue, Morehead City, Not Cafdirkl28a57 Phone: 252-'808.2808>lFAX 252-24733301Internet: wnvw.ncoastalrtane0amentnat AR 2015 An Equal Opportunity/ AY rmative Action Employer ACE North Carolina Department of Environment and Natural Resources Pat McCrory RECEIVED Donald R. van der Vaart Governor FEBi g 1015; Secretary • pCM•Frsnedea WARD February 13, 2015 MEMORANDUM: TO: Shane Staples Division of Coastal Management FROM: Jonathan Howell Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant:' William B. McLean Residuary Trust c/o Paxon Holz . Project Location: Carteret County, at Lot 54, Forest Hills, MHP, in Emerald Isle. Proposed Project: In an effort to provide a docking facility for Lt. 54, William B. McLean Residuary Trust is applying for a new dock, platform , and boatli£t in Forest Hills M.M. This would create 7 slips on the property. Please indicate. below your agency's position or viewpoint on the proposed project and return this form.by March 5, 20151 If you have any questions regarding the proposed project, please contact Ryan Davenport, Permit officer at (252) 808-2808. Ext. 210. 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 tq the project for reasons described in the attached comments.. SIGNED DATE 400 Commerce Avenue, Morehead City, North Caro llna 28557 Phone: M-808.28081 FAX 252-247.001 Internet: vnvw.ncomsta1management.net An Equal opportunity /AfflrmativeAction Employer . NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary DATE: 4/16/15 TO: Jonathan Howell FROM: J. Ryan Davenport SUBJECT: Comments and Rec mmendations -CAMA Major Permit—W.B. McLean Residuary Trust The W.B. McLean Residuary Trust is applying for a new dock, platform and boatlift in Forest Hills MHP Lt. 54. This would create a total of 8 slips on the property. One of these slips was authorized under a Tier I enforcement action on 4/7/15. Therefore, I recommend that this project be permitted as proposed with standard conditions. 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707.8600 \ Internet: www.nedenr.gov An Equal OpportunilylAffirmative Action Employer — Made in part by recycled paper Howell, Jonathan From: Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Sent: Thursday, April 23, 2015 11:11 AM To: Howell, Jonathan Subject: Lot 54 forest hills MHP / Paxon Holz / SAW 2015-00524 Recommended Conditions. Jonathan, The following conditions will be sent to Doug in Hard -copy form today. -Tyler We recommend that the following conditions be included in the State authorization: 1. In orderto 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. The pilings supporting the pier shall be placed at least 10 feet apart. 3. The spacing between all deck boards shall be at least one half of an inch or grated decking shall be used. 4. The pilings shall be driven into the substrate rather than jetting. 5. The width of the pier shall not exceed 4.0 feet. 6. The minimum elevation of the pier shall be at least+5 feet Normal High Water. 7. Dredging is not authorized. 8. All work authorized by this permit must be performed in strict compliance with the approved plans received on 23 April, 2015, which are a part of this permit. Any modification to these plans must be authorized prior to implementation. 9. 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. 10. All work authorized by this permit must be performed in strict compliance with the attached 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. 11. 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. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two weeks prior to beginning work and upon completion of work. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. Tyler Crumbley Project Manager . U.S Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse soYhat we can return the card to you. ■ Atta„h this card to the back of the mailpiece, or on the front 'If space permits. 1. Artici, Addressed to: 1 SEASIDE SIBLINGS, LLC P.O. BOX 4549 EMERALD ISLE, NC 28594 A. R. Received by (Printed Namel I C. Date of D. Is delivery address different from Rem 17 U Ye; If YES, enter delivery address below: 0 No 3. SetType Cemffied Mall 0 Express Mall 0 Registered O Return Recelpt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery! Pft Fae) ❑ Yes 2. Article Number l (Ilansfer from service fabeq 7013 1090 0000 3203 3123 + UNITED E POSITt �•-n�Sti:s :e, 30 N ::ifiG:}' r • Sender: Please print your name, address, and ZIP+4 in this box Prestige Land Surveying 501 W. B. McLean Blvd. Cape Carteret, NC 28584 1 tB519 1III, III,INItIII hIII 111II"IIII'1f1hdl,llhrll'I, I�ILru CERTIFIED MAIL,. RECEIPT U.S. Postal Service,,, (Domestic Mail Only; No Insurance Coverage Provided) ru a m EMERALD ISLE HC 2E54 ma ru Postage $ $1.61 OSE4 m Cenifleo Fee $3.30 05 p Retum Receipt Fee Postmark O (Entlorsement Requirse) $2.70 Here C3 Restncteo Delivery Fee C (enoorsemem Repuiose) $0.00 Ir p TotelPostege&Fees $ $7.61 01/27/2015 Sent To rn IIR o �. h0-,,JnX..'i!4g------------------------ gryE fe. ZIP+4 a =S i £ G Z r r . .�L�J `1 Certified Mail Provides: ■ A mailing receipt ■ A unique Identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years ImportAn t f Reminders: in Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail , in Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailplece'Return Receipt Requested'. To receive a fee waiver for a du licate return receipt, a USPSe postmark on your Certified Mail receipt is requQred. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Delivery'. ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post ronice for postmaWng. If a postmark on the Certified Mail receipt is hot needed, detach andstfix label With postage and mall. IMPORTANT: Save thisreceipt and present it when making an inquiry. PS Form 35D0. August 2006 (Reverse) PSN 7530-02-000-9047