100-22 Levey, Robert

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vertnft
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
100-22
Issued to Robert Levey, 1402 Cove Court, Morehead City, NC 28557
Authorizing development in Carteret County at adi. to Dill Creek, at 1402 Cove Court, in
Morehead City, as requested in the permittee's application dtd 7/25/22, including attached workplan drawings
(5), Sheets 1-3 of 5 all dtd 7/14/22, Sheet 4 of 5 dtd "Rev 3/30 and Sheet 5 of 5 dtd "Rev 10/12/21.
This permit, issued on September 28, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
zi mese terms may oe subject to lines, tmprtsonmem or ctvtt action; or may cause me permit to oe nuu ana vota.
Pier and Kayak Launch
1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this pier and kayak launch 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
pier and kayak launch. Any sewage discharged at the pier and kayak launch 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 perrnittee 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
September 28, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Z-1/444-1�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

0, - 1
Robert Levey Permit No. 100-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier and kayak launch built over wetlands shall not exceed six feet
in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the
bottom of the decking.
4) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the floating dock
at a minimum height of 18" above the bottom substrate to prevent the floating dock from disturbing the
bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This permit does not authorize any formalized boat slips.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the western adjacent property owner's area of riparian access.
8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water.
9) The roof of the covered platform shall not be designed for second story use.
10) 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.
11) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
12) To reduce direct impacts to oyster resources, the permittee shall relocate all oysters falling within the
footprint of pilings to an area immediately adjacent to the project area.
13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
Sedimentation and Erosion Control
14) In.order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

Robert Levey
ADDITIONAL CONDITIONS
General
Permit No. 100-22
Page 3 of 3
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) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
. approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit
197800056 (Action ID SAW-2022-01992).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2022-1169.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

DCM Coordinator: �{ Permit #: InU'ZZ
Agents:
DCM Field Offices
Elizabeth City
iMorehead City %rod_
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
MAILING DISTRIBUTION SHEET
Washington
Wilmington
(with revised work plan drawings)
(OBJECTIONS )
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Greg Carry (Brunswick, New Hanover)
Liz HaYTWeret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at [e-mail] 40
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
Washington: Chris Pullinger-401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormw },
Joanne Steenhuis - 401 (�NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
l
LPO: 7 (ta my c b M'GC
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Robert Levey
LOCATION OF PROJECT SITE: The project is located adjacent to 1402 Cove Court
in Dill Creek in Morehead City, Carteret County.
Latitude:34°44'15.35"N Longitude: 76°43'12.82"W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 8/l/22
Was Applicant or Agent Present —No
Photos Taken — No
PROCESSING PROCEDURE: Application Received — cc: 8/1/22
Office — MHC
SITE DESCRIPTION:
(A) Local Land Use Plan — Morehead City
Land Classification from LUP —Developed
(B)
AEC(s) Involved: PTA, EW
(C)
Water Dependent: Yes
(D)
Intended Use: Private
(E)
Wastewater Treatment: Existing
— septic
Planned
-none
(F)
Type of Development: Existing
— single family residence
Planned
- pier and platforms
(G)
Estimated Annual Rate of Erosion: N/A
Source —N/A
:KIMI Aly817*Yy:71W I11W=1]N11111f111�y1.11�111�1►[KI]N�I.7:I:\U111�
(E) Total Area Disturbed: 1,888 ft2
(F) Primary Nursery Area: Yes
(G) Water Classification: SA; HQW Open: No
(H) Cultural Resources: None
Proiect Summary: The applicant wishes to construct a pier and platforms within
Dill Creek for private use adjacent to 1402 Cove Court in Morehead City, Carteret
County.

Field Investigation Report:
Levey
Paee 2
Narrative Description:
The proposal is located adjacent to 1402 Cove Court within Dill Creek in Morehead City, Carteret
County. This property is currently developed with a residential dwelling. This proposal is forprivate
use. The adjacent residential properties are similarly developed.
The elevation of the high ground on the property is approximately 3' above the normal high water
level. Vegetation on the property mainly consists of lawn grasses, shrubs, and Coastal Wetlands.
Water depths in the project area range from —1' to —3' nlw. The subaqueous substrate is soft with
shell. There is not a Federal Channel in the nearby vicinity of the project area. There is not a cultural
resource in the project area. This waterbody is approximately 120' across at this location. These
estuarine waters are classified as a Primary Nursery Area. Submerged aquatic vegetation (SAV) is
not present at this location. This waterbody is closed to shellfish harvest and is classified as SA;
HQW.
Proposed Development:
The applicant is proposing to construct a pier and two platforms within Dill Creek in Morehead City.
The proposed development would take place adjacent to 1402 Cove Court, Carteret County. This
proposal is for private use.
The applicant is proposing to construct a fixed pier with a covered platform and a floating platform.
The proposed pier would be 6' wide and 240' long beginning at the high ground on the property and
traversing the Coastal Wetlands to Dill Creek. At the pier's terminus, a 12' by 12' covered platform is
proposed on the west side and a 16' by 8' floating platform is proposed on the east side connected by
a 12' by 3' aluminum gangway. No formalized boat slips are proposed. The water depth in the
project area is -2.6' nlw.
Anticipated Impacts:
This proposal should not pose a hazard to navigation. The proposal would shade 1,880 square
feet of Coastal Wetlands and Public Trust Area. Traditional marine construction methodology
would be utilized during the construction of this project. Turbidity impacts are not anticipated
during the construction activities within Dill Creek. This waterbody is classified as a Primary
Nursery Area and there is no SAV present in the project area. There are oyster beds in the
vicinity of the project area. This waterbody is closed to shellfish harvest.
Brad Connell August 23, 2022 Morehead City

Project Narrative for The Leveys
To Whom it may concern,
Our project is located at 1402 Cove Court in Morehead City, NC. We are proposing to
install a new docking facility. The docking facility will have a 6'x240' access dock
walkway, 3'x12' gangway, and a 8'x16' floating dock. The purpose of this
project is for recreational boating, fishing and wildlife observation. Logging matts will be used
for access to support excavator. Thank you for your time and consideration on this proposal.
The project proponent hereby certifies that all information contained heroines true, accurate
and complete to the best of my knowledge and belief. The project proponent hereby requests
the certifying authority review and take action on this CWA 401 certification request within the
applicable reasonable period of time.
Sincerely
Andre Webb
RECEIVED
JUL 2 8 2022
DCM-MHD CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: gn 6er wiA (i sa. Le e[
Mailing Address: LyDa (oye ( o u (V
Kwe-b eaj t\ (. ZS SS- I
r
Phone Number: '25q _ -1-13 _ 3 4 R.9
Email Address: _ b i/ ( f_yey 6D !aa m; Co M
I certify that I have authorized 1ivv11zr-. klee=5,,p
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: 6 } ZYo / 1Ja k 4jlol- L&Ak
fecol v,(��G�
at my property located at (110 9 Cove Co uC�
in CG < rG County.
1 furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management star,, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
1Signature
12-ObQ �T L�✓�er7
Print or Type Name
14 C) m- e 0 V-1 ✓
Title
—t .21 l a .?
Date
RECEIVED
This certification is valid through -7 / -Z I I Z. 3 'JUL 28 2022
DCM-MHD CITY

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner:
Address of Property:
b .- e-+- L,
r
Mailing Address of Owner: l LiV Y ,,.v ( OL,rf ✓V) n.-p h v CLO r_ J19 A/ L -L ? S 7
Owners email: I--bkkv&v(7TOwner'sPhone#: S�---7-73—31�4 �—
Agent's Name:
Agent's Email:
Agent
ADJACENT RIPARIAN PROPERTY OWNER,S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
1 hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at [phone]. No response is considered the same as no objection if you have been notified by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 16 from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback /
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
nn
TypediPrinted name of ARPO: t k Ar
Mailing Address of ARPO: _2 0 6" f I oua 1fC blow hR� C,� �! N G �855�
ARPO,semail; /1/,trI� @— 6LV1.
cc/4,--ARPO,s 252-32?-y33$
Date: It I i o 12e2 k "waiver is valid for up to one year from ARPO,s Signature'
Revised Ju/RMIVED
JUL 2 S 2022
DCM-MHD CITY

N C DMSION OP COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
�[[ZTIFIED MAI�_i F��1AN RECE—IPT ij[Q UT-EO or11AND DFLIVERi
i Top portm to W Canpleted DT V) f W thew agent)
"Am of Pro"M' Owner rt ob t r i' i-�.`_J g_ _ -' A, r !
AWreas of property L a I JUL f
n }yS�
Mararp gdNets of owner /Y a 1- L Ja- C o »• r Met ��--�1i•
OwnerA email fbrkv epnoAe'1sa-7�3-3i9v
Agent Name Agora Prone
ADJACENT RIPARIAN PROPERTY OWNERS CERTMICATION
�yA ���prrtpN F;'v Or I dA ac�M ProNM O'Nnefl
I tM1n!tr!Un.h :"AI rwn rropert!adlpppnt mCre aDOVn rererencr'f p, vntr Tne ncl E y�n a7 S
pefmt haf dexc d 10 " As 6hpM1 on ifK attached drawee m dcvcW0n`WA VwY
a OAK/-^L..RrN deepVOL mVf.I hSPa"!1£pwM.V+n .fin
�I DO NOT TWA oO,wtarons m — VQI`*eal _• _ I DO hM"oo"oni to T4 prop"
If ypu nhfacpbea fa rdlaf It anrW OroPaaM YW AIYa! nan/y me N.C. Oldaton dhaNC W
UanapeMa.+f fOCM! m nnorp woun 10 daPa N reealPl W dtis Mike. Caure•porderx
ma.MdM foo r:prnmf(CO Are, M Wwed CRP, NC 2SM7.DCY r.pnee(atrees �+'I aN0f.e carN+ctb
of (7571 !d.'-SFOe. No rrePwlen rs rnnardnxd tM samo Y no ohJentwn a youMr. Dea.� rn,.t:cd by
DwHhM Mari
WAIVERSECTOR
C;mtarN tR3t ary F-1WI 4 {+n. do* nvonng pA � boo N roureakw , ooatf*x:x� � rrra
ewe: W set bxk a rrlmene n dance o115' fnnrWAA Y s CM not dwf a tljw-ds or apfxp rc:ctrtle:<s) in yaw
tw awop-We t�an* hcUw )
I VO v fo w3'..r S rwvji of me is tetUACE 1—�
,yj;A HgaMAt PCpdrfy OwTlef i
I do not ezxh M vv . Lhe 15 aamaca roaerercnt tMOM 1110 Wa ell
Typed-PnMeo name of ARPO: _.:,-fi .., "At
MAMN Addrosa o/ ARPO;_-11 Gata 4« o 7- 91,u
4RPO,x amad: �py��yt°1{e 4nri ARPO.s Phone,,: 33 of
4rS5{IA Ldin
Data IS valid for up to ono year from ARPO.s Signownw.
Roused Jody 2021
AUG 3 n 2022

FIDE t 139V
NORTH CAROLINA, CARTERET COUNTY
Foo KGISMT10N R61111t er pF "
This instrument and this CarOarate ere dulyNrd at
44v L%z—
C11 xc
the date and lane and in me Rook end Papa ehoan
NMI 07, �l1 e1:48:3/ PII
on the first papa hereof.
�QLM DS 2 p
are e. Reps✓
FM no. as
N; eEYBI1: STAPP: ifae.ee
a+w N-
FILE f 1391er
Pucei No. 6a96.10 47.60a9
y . Tea 8190 00
J
Prepared ay: Ths Hearts few hart PLLC
F.O. see 712, Me Jtoad My, W 28557
Ne No. 14099/LF, -RO.X
NORTH CAROLINA GENERAL WARRANTY DEED
This DEED made this the _ day of November, 2011, by and between CONNIE F.
DENNIS (&We FRANCES C. DENNIS), whose mailing address is 1305 Bricklanding Road, SW
Shallote, NC 28470, hereinafter "Grantor" and ROBERT LEVEY AND WIFE, LISA LEVEY,
whose mailing address is 1502 Marsh Pointe, Morehead City, NC 28557, hereinafter "Grantee".
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
Pwsamvto NCGS 105-317.2, GmNar cn1(flet drpop _dam dau nut include the Gmnrm'a pommy rtaldenre.
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by thew presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all that certain lot or parcel of land situated in Morehead Township, Carteret
County, North Carolina and more particularly described as follows:
Being all of Lot 55, Mariners Pointe Subdivision as recorded in Map Book 31, Page 104
and 105, and revised in Map Book 31, Pages 104 and 105 and revised in Map Book 31,
Page 514, Carteret County Registry.
This being part of that property conveyed to Grantor by deed recorded in Book 1218, Page
422, Carteret County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
RECEIVED
J L 2 8 /!i
DC —MHD Cl"'

And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee
simple, has the right to convey the same in fee simple, that tide is marketable and free and clear of
all encumbrances, and that Grantor will warrant and defend the tide against the lawful claims of all
persons whomsoever except for the exceptions hereinafter stated.
Tide to the property hereinabove is subject to the following exceptions:
I. Restrictive Covenants of record.
2. Public utility easements of record.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year
first above written.
Crww • 1: W (SEAL)
CONNIE F. DENNIS
t
STATE OF�O er,kl.Ak-
COUNTY OF 00 f(
%
I, "(,f- kbdd C�tCr'C , a Notary Public of the aforesaid County and State, do
'I hereby certify that CONNIE F. DENNIS personally came before me this day and acknowledged
the due execution of the foregoing instrument.
WITNESS my hand and official s putt seal, th' the - day of November, 2011.
s nrn
RY P
My Commission Expires:.7-�TitU/ /
%m 'i.MaO
RECEIVED
JUL 2 8 2022
_.. DCM-AAyp 9TY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 12, 2022
Mr. Robert Levey
1402 Cove Court
Morehead City, NC 28557
Dear Mr. Levey:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development located within Dill Creek adjacent to your property at 1402
Cove Court in Morehead City, Carteret County. It was received on August 1, 2022, and
appears to be adequate for processing at this time. The projected deadline for making a
decision is October 16, 2022. 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 August 1, 2022, 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.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue 1 Moorehead City, North Carolina 28557
252.808.2808

An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Brad Connell
Coastal Management Representative
Enclosure
CC: Heather Styron, District Manager
Gregg Bodnar, Asst. Major Permits Coordinator
Andre Webb, Agent
DEhft North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina28557
wancmm�wn
252.808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
The Carteret News Times
Legal Advertisement Section
5039 Executive Drive
Suite 300
Morehead City, NC 28557
Re: Public Notice - Robert Levey
Dear Sir:
NORTH CAROLINA
Environmental Quality
August 12, 2022
Please publish the attached Notice in the August 2E) 2022 issue of the News -Times.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to Jessica Gibson -Murray, NC Division of Coastal
Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone
[phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Morehead City office.
Sincerely,
Brad Connell
Environmental Specialist II
Enclosure
cc: Gregg Bodnar
Heather Styron

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality 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 August 1, 2022. According to said application, Robert
Levey proposes to construct a pier and platforms within Dill Creek, adjacent to 1402 Cove Court,
Carteret County. A copy of the entire application may be examined or copied at the office of Brad
Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC,
[phone] 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 September 12, 2022, 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: August Za 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
NYt\N JdC)114R
mwn��ne..wowm.� /"� 252.808.2808

PROJECT: Construction of a pier and platforms at
1402 Cove Court in Morehead City.
APPLICANT:
Mr. Robert Levey
1402 Cove Court
Morehead City, NC 28557
September 12, 2022
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
,.d Brad Connell - DCM
400 Commerce Avenue
Morehead City, NC 28557
[phone]

Cannon, Amanda J
From:
Sent:
To:
Subject:
For the files...
Thank you,
C014 r &ataW&
Brad Connell
Environmental Specialist II
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Connell, Brad
Wednesday, August 24, 2022 3:27 PM
Cannon, Amanda J
FW: [External] This was for Robinson and Levey
http://Portal.ncdenr.org/web/cm/dcm-home
[phone]
[e-mail]
01 Nothmq Compares-,
Find a Field Rep (arcpis.com)
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: [e-mail] <[e-mail]>
Sent: Monday, August 22, 2022 8:24 PM
To: Connell, Brad <[e-mail]>
Subject: [External] This was for Robinson and Levey
External email. Do not click links or open attachmentsunless you verify. Send all suspiciousemail as an attachment to
Report Spam.
Hey Brad this was for Robinson and Levey Major Permits
Sent from myiPhone
Begin forwarded message:
From: 401PreFile <401PreFile0ncdenr.eov>
Date: July 18, 2022 at 10:38:38 PM EDT
To: Andre Webb <[e-mail]>
Subject: Automatic reply: [External] Needed help for pre -filing

This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's
vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule"
("Federal Rule"). As a result of the United States Supreme Court order, the Trump
Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on
applicants for 401 Certifications and on DWR's processing of those applications. One
requirement is that 401 applicants must request a pre -filing meeting request at least 30 days
prior to submitting their 401 application. [40 C.F.R. §121.41 In turn, the Federal Rule requires
that applicants include documentation of their pre -filing meeting request in their 401
Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required
pre -filing meeting request documentation does not constitute a "certification request." As a
result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications
received after April 6, 2022 that do not have documentation that a pre -filing meeting request
was submitted at least 30 days prior to submittal of a 401 Certification application will be
returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://deq. nc.gov/about/divisions/water-resources/water-g ua lity-perm itti ng/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional
Staff: https:Hedocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitti ng/staff-contacts

Cannon, Amanda J
From: Connell, Brad
Sent: Wednesday, August 24, 2022 3:27 PM
To: Cannon, Amanda 1
Subject: FW: Automatic reply: [External] Needed help for pre -filing
For the files...
Thank you,
on I DT" i�
Brad Connell
Environmental Specialist II
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
http://Portal.ncdenr.org/web/cm/dcm-home
[phone]
Brad.Con nell @ ncden r.aov
` -_-- Nothing Compares,
Find a Field Rep (arcpis.com)
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to
third parties.
From: [e-mail] <[e-mail]>
Sent: Monday, August 22, 2022 8:24 PM
To: Connell, Brad <[e-mail]>
Subject: Fwd: Automatic reply: [External] Needed help for pre -filing
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Sorry,
Last one did t have the whole thread
Sent from my !Phone
Begin forwarded message:
From:401PreFile <[e-mail]>
Date: July 18, 2022 at 10:38:38 PM EDT
To: Andre Webb <[e-mail]>
Subject: Automatic reply: [External] Needed help for pre -filing

This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's
vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule"
("Federal Rule"). As a result of the United States Supreme Court order, the Trump
Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on
applicants for 401 Certifications and on DWR's processing of those applications. One
requirement is that 401 applicants must request a pre -filing meeting request at least 30 days
prior to submitting their 401 application. [40 C.F.R. §121.41 In turn, the Federal Rule requires
that applicants include documentation of their pre -filing meeting request in their 401
Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required
pre -filing meeting request documentation does not constitute a "certification request." As a
result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications
received after April 6, 2022 that do not have documentation that a pre -filing meeting request
was submitted at least 30 days prior to submittal of a 401 Certification application will be
returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-
p e rm itti n g/401-b uffe r-p e r m i tt i n g-co n to cts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts

$ a5o -
MAJOR PERMIT FEE MATRIX #I 33i
Applicant: t4e%fe4 r g0kr
Selection
Development Type
Fee
DCM %
DWQ %
(14300 16014351000931625 6253)
(243001602 435100095 2341)
I, Private, non-commercial
❑
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
n of any wetlands
ater areas:
or commercial
❑ent
thatdoes not
L
$400
100%($400)
0%($0)
e filling orn
of any wetlands
ater areas:
Major Modification to a
$250
100% ($250)
0% ($0)
ill
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General
Quality Certificat$400
60%($240)
40%($160)
4097 (see attach
be applied:
qthat
IV. For developm❑involves
the fillin$475
60% ($285)
40%($190)
excavation of mo
one acre of wetlands and/or
open water areas:

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Robert Levey
PROJECT NAME:
LOCATION OF PROJECT: 1402 Cove Court, Morehead City
COUNTY: Carteret
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-1-22
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: Connell
DISTRICT MANAGER REVIEW: Heather Styron
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 8-28-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 10-15-22
HOLDS:
EMAIL OUT DATE: 8-23-22
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: Yes
DISTRICT OFFICE: MHC
FEE RECD: $250 Click or tap here to enter text.
END OF NOTICE DATE: Click or tap to enter a date.
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: Click or tap to enter a date.
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM - Field Rep
%i3 ZZ
n�77o.,
DCM - LUP Consistency Determination
9119(LZ
7
Local Permit Officer
$&47-
x
Corps of Engineers - Regulatory Branch
�% r7 Z0
7r�ZZ -C�l rf 9 Z
DWR-401 Section
��lS(L2
yY97 2c-)Z2--ll17
DWR- Public Water Supply
�jA(Zz
x
DEMLR - Stormwater
DEMLR - Sed and Erosion
DOA - State Property Office
g/L9 ZZ
Wildlife Resources Commission
rr
DMF - Shellfish Section
A11r7 �7n
�c
DMF - Habitat&Enhancement
5 01ZL
6w,ai a^
DNCR - Archives & History
Q hlrt'
I,-
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
DATE:
TO:
THRU:
FROM:
SUBJECT:
NORTH CAROLINA
Environmental Quality
MEMORANDUM
August 23, 2022
Gregg Bodnar
Heather Styron
Brad Connell
Comments and Recommendations - CAMA Major Permit —Robert Levey, Carteret County
The following is my assessment and consequent recommendations of the above referenced proposal: This proposal impacts
1.888 square feet of Public Trust Area. The proposal is not adjacent to a Federal Channel. These waters of the Newport River
are closed to shellfish harvest. This waterbody is a Primary Nursery Area. Assuming that state and federal agencies concur with
the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions:
1. The authorized activity must not cause an unacceptable interference with navigation.
2. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly
and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a
permanent part of this dock without permit modification. No non -water dependent uses of structures may be conducted
on, in or over public trust waters without permit modificafion.
CC: Heather Styron, DCM
hqM mlet4mi?smvW �W\
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.5155400

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 23, 2022
MEMORANDUM.,
NORTH CAROLINA
Environmental Quallty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg. bod nar(oN CDEN R.g ov
SUBJECT: CAMA Application Review
Applicant: Robert Levey
Project Location: 1402 Cove Ct, Carteret County
Proposed Project: Pier and platforms within Dill Creek
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by!Septem6er 20, 2022? If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE 1 17.
DATE QA A, % A'r Q.°S. o0
AUG 2 9 2022
MP SECTION MMED
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
252808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 23, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
g regg. bod n arCa7 N C D E N R. qoy
SUBJECT: CAMA Application Review
Applicant: Robert Levey
Project Location: 1402 Cove Ct, Carteret County
Proposed Project: Pier and platforms within Dill Creek
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by September 20, 2022 If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
`*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply RE M E I P9 D
SIGNATURE
DATE 8/25122 A U G 2 9 2022
MP SECTION M- HD
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
OmMGRWN
o.w�u.,meiemwn�mimmo
252808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 23, 2022
MEMORANDUM.'
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
areac.bodnar(o)NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Robert Levey
Project Location: 1402 Cove Ct, Carteret County
Proposed Project: Pier and platforms within Dill Creek
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by September20, 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
Y: X _ This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME �JC r1a zz&
AGENCY l"O'ky Ole �U2E/1C/9i� CjTy
SIGNATURE _ P�ll_vza r ali�A
DATE
RECEPU ED
AUG 2 9 2022
PAP E3ECTION MHD
m rwnae �W
ro,nmemai mwe�mw
North Carolina Department ofEnvlronmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

Received:8/23/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETHS. BISER
Secretary
BRAXTON DAVIS
Director
August 23, 2022
MEMORANDUM.
NORTH CAROLINA
Environmental Quality
Due: 8/31/2022
ER 22-2102
8/30/2022 no comment — SBA
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg.bodnar(c NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Robert Levey
Project Location: 1402 Cove Ct, Carteret County
Proposed Project: Pier and platforms within Dill Creek
Please indicate below your agency's position or viewpoint on the proposed project_and
return this form to Gregg Bodnar at the address above by'September 20, 20221 If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY NC Historic Preservation Office
SIGNATURE
DATE
9/2/2022
S E P 2 2022
UP SECTKOU MHO
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
oro \ r 257808.2808

I
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 23, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
aregg.bodnar(a)NCDEN R.gov
SUBJECT: CAMA Application Review
Applicant: Robert Levey
Project Location: 1402 Cove Ct, Carteret County
Proposed Project: Pier and platforms within Dill Creek
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by ;September 20, 202i If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Rachel Love-Adrick
AGENCY DCM
SIGNATURE
DATE 9/8/2022
SEP 8 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.8082808

1
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, Assistant Major Permits Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner`p
Division of Coastal Managemett�-//I
SUBJECT: Major Permit Request by Robert Levy
DATE: September 8, 2022
SEP B 2022
FOP SECTM UN SD
Consistency Determination: The request is consistent with/not in conflict with the Town of Morehead
City Land Use Plan certified by the CRC on September 28, 2007.
Please note that in coastal wetlands "only uses which are permitted by 15A NCAC 7H will be allowed"
per plan Policy 2, pg. 94.
Overview: The project is located at 1402 Cove Court off Oglesby Rd which is part of the existing Mariners
Point subdivision. Existing development includes roads, infrastructure, house, and driveway. The site is
bordered by Dill Creek. The elevation of the high ground on the property is approximately 3' above the
normal high water level. Vegetation on the property mainly consists of lawn grasses, shrubs, and Coastal
Wetlands.
Areas of Environmental Concern (AEC) in the project area include Estuarine Waters (EW), Coastal
Wetlands (CW) and Public Trust Areas (PTA). This section of Dill Creek is classified as SA/HQW, is a Primary
Nursery Area, and is closed to shellfishing. There are Coastal Wetlands present along the shore adjacent
to Dill Creek, the wetland species was not identified in the field report. There are also expanses of oyster
beds within the waters of Dill Creek adjacent to the proposed dock.
The project is to construct a fixed pierwith a covered platform and a floating platform. The proposed pier
would be 6' wide and 240' long beginning at the high ground on the property and traversing the Coastal
Wetlands to Dill Creek. At the pier's terminus, a 12' by 12' covered platform is proposed on the west side
and a 16' by 8' floating platform is proposed on the east side connected by a 12' by 3' aluminum gangway.
No formalized boat slips are proposed. The water depth in the project area is -2.6' nlw.
North Carolina Department oFEnvironmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557
252.6082808

Anticipated impacts: This proposal should not pose a hazard to navigation. The proposal would shade
1,880 square feet of Coastal Wetlands and Public Trust Area. Traditional marine construction
methodology would be utilized during the construction of this project. Turbidity impacts are not
anticipated during the construction activities within Dill Creek.
Basis for Determination: The project site is in the Town of Morehead City and is subject to the 2007 Town
of Morehead City Core Land Use Plan Update. The Future Land Use Map (FLUM) designates the site as
"Low Density Residential" and "Conservation/Open Space" (due to the sites location in Coastal Wetlands,
Estuarine Waters and Public Trust Area AECs).
The following LUP policies may be applicable to this request:
4.2.6 Areas of Environmental Concern
Policy 1, pg. 94: The Town of Morehead City supports state and federal law regarding land use and
development in AECs.
Policy 2, pg. 94: Morehead City considers coastal wetland areas to be valuable passive recreation areas.
These areas should be protected in their natural state. Only uses which are permitted by 15A NCAC 7H
will be allowed.
Policy 5, pg. 94: Morehead City supports the use standards for estuarine and public trust areas as
specified in i5A NCAC.0207.
EZC'IVED
S E P 8 2022
NIP SECTMN KIM
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City OfAce 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808

From:
Hair Sarah E Cry USARMY CESAW (USA)
To:
Bodnar. Greco
Cc:
Perry. ]ohn M
Subject:
[External] RE: New CAMA Major Permit Application - Levey
Date:
Wednesday, September 14, 2022 1:21:41 PM
Attachments:
imaae001.ono
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hi guys,
Corps action ID for this one is SAW-2022-01992
Will process as a GP 56.
Liz
From: Cannon, Amanda J <[e-mail]>
Sent: Tuesday, August 23, 2022 11:39 AM
To: Jeannie Drake <jeannie.drake@ moreheadcitync.org>; Love-Adrick, Rachel A <rachel.love-
[e-mail]>; Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>;
Letitia Gordon <[e-mail]>; DCR - Environmental_ Review
<[e-mail]>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<Kimberlee.Hard [e-mail]>; Harris, David B <[e-mail]>; Harrison, James A
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike
<[e-mail]>; Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A
<[e-mail]>; Sullivan, Shelton <[e-mail]>; Sams, Dan
<[e-mail]>; Hall, Christine <[e-mail]>; Perry, John M
<[e-mail]>; Snider, Holley <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Butler, Rodney A< Rodney. Butler@ ncdcr.gov>
Cc: Bodnar, Gregg <[e-mail]>; Styron, Heather M.
<heather. m.styron @ ncden r.gov>
Subject: [Non-DoD Source] New CAMA Major Permit Application - Levey
Hello All!
Please accept this correspondence as the official distribution of CAMA application from Robert
Levey in Morehead City, Carteret County.
Attachments include Field Investigative Report, work plans, comment sheet, and any other
documents intended for you.
NO Please complete the bottom portion of the comment sheet with your information
and signature.
*RETURN TO GREGG BODNAR at P-rel=s bodnar(a).nedenr.¢ov*
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Gregg Bodnar at greee.bodn"ricdenr.gov or (252) 515-
5416
Thank you!

Amanda Carrion
Permit Support Coordinator, Division of Coastal Management
D E j North Carolina Department of Environmental Quality
252.515.5406(OfHce)
Amanda.cannon@ncdenrgov
L r.:i (r, r. �;X+rftlr,0 f0:: zl SpL GY; iYJ 1'a , 4.;a4li.Y;t :O L'r? AiYii) Crall sI F'✓:sv^ RxrrdC
)rcxi tx• of kArXAf to Nbdtrrtna
Click HERE to Find the CICM Field Rep in your CAMA region.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
DATE:
Cj11IN N0!J.3'S CIL''�'
September 14, 2022
NORTH CAROLINA
Environmental Quality
FROM: John Perry
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20221169
No Written Approval Required
PROJECT LOCATION: 1402 Cove Ct., Morehead City, Carteret County
Levey property
PROPOSED PROJECT: Reconfiguration of an existing docking facility.
6;J 1 d1S
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit dated July
28, 2022 and received by this office on August 23, 2022. The proposed project is for the
construction of a docking facility with one 12'x12' covered platform, one 8'x16' floating dock and
a 6'x240' dock.
In accordance with the attached General Certification #4497 (GC 4497), the impacts described in
your application do not require written authorization to utilize GC 4497. However, you are required
to follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(but not limited to erosion and sedimentation control regulations and state stormwater
requirements before you proceed with your project). Also, the approval to proceed with your
proposed impacts to waters a depicted in your application shall expire upon expiration of the 404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
el D_EQ� NonhCmolinaDepartmemofEnvironmemalQuality IDivision ofWaterResoumes
127 Cmdiral Drive Eat. Wilmington, North Camlina 28#05-5406
o w� 910.796.7215

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4497
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL
GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES)
Water Quality Certification Number 4497 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Regional General Permit 197800056.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereiriafter
set forth.
for
Effective date: January 3, 2022
Signed this day: October 28, 2021
By
CDocuftned by-
NfAyf
S. Daniel Smith
Director
CIHUU NOU33S &q
?eoZ S I d3S
C37A�9�' 3 N

TO:
FROM:
SUBJECT:
DATE:
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
Gregg Bodnar, NCDCM Assistant Major Permits Coordinator RA" 0 E:' I V Z D
James Harrison, NCDMF Fisheries Resource Specialist
Robert Levey, Carteret County S F C 2
20 September 2022 V P C GTl0 N N11J4 D
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the permit application for proposed actions that may impact fish and/or fish habitats.
The proposed project is located at 1402 Cove Court, Morehead City, within Carteret County. The
applicant is proposing to construct a fixed pier with two platforms — one covered and one
floating. The proposed pier would be 240' long and 6' wide, beginning at the high ground on the
property and crossing coastal wetlands to Crab Point Bay. At the terminus of the pier, a 12' by
12' covered platform is proposed on the west side and a 16' by 8' floating platform is proposed
on the east side, connected by a 12' by 3' aluminum gangway. No formalized slips are proposed.
The water depths in the area range from 2.1' to 2.7' normal low water (NLW).
The waters of Crab Point Bay are classified as SA;HQW and are closed to shellfish harvest. No
submerged aquatic vegetation (SAV) was observed, but oyster beds were present in the vicinity
of the project area. Crab Point Bay is also designated as a Primary Nursery Area (PNA).
DMF is concerned with the proposed project, primarily as it relates to impacts to waters
designated as PNA and to shellfish. Areas that are designated as PNA provide the (often very
specific) habitat requirements needed for post -larval development of a variety of recreationally,
commercially, and economically important finfish and shellfish species. These areas provide
nursery, refuge, and foraging grounds for these species during some of the most critical and
vulnerable life history stages. As such, protection of these areas is of the utmost importance.
Installation of the proposed structure will likely result in increased turbidity during the
installation process, as well as during use of the structure. Increases in turbidity have the
potential to injure or kill species by clogging gills. The installation of the proposed structure may
also result in mortality of shellfish species by direct installation into shellfish beds.
DMF recommends that the following conditions be included in any permit issued. The permit
should include a 1 April through 30 September moratorium for all in -water work associated with
the project. This includes any aspect of the project that may result in a disturbance to any portion
of the water column and/or seafloor. Although no dredging was proposed, the permit should be
conditioned on no new dredging (i.e., for maintenance of slip depth) being allowed in the future,
as DMF is generally opposed to new dredging in PNA waters. DMF would also recommend that
the design of the floating platform include stops at 18 inches above the substrate to prevent the
State of North Carolina I DMsion of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

floating platform from being able to rest on the seafloor, which can create anoxic conditions and
result in continued damage/disturbance to PNA areas.
DMF would recommend that the applicant incorporate a pergola -style roof into their design for
the covered platform. This will help to minimize the overall shading increases that would occur
as a result of a fully covered roof. Lastly, DMF would recommend that impacts to oysters be
minimized to the fullest extent possible. Pier elements, such as pilings, should avoid being
installed in oyster beds when possible. If impacts would be unavoidable, DMF recommends that
oysters be relocated outside of the impact area.
Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at
[phone] or at james.harrisonAmcderingov with any further questions or concerns.
State of North Carolina I Division of Marine Fisheries
3441 Arendeli Street I P.O. Box 769 1 Morehead Ctty. North Carolina 28557
252-726-7021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 23, 2022
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
greaa. bodnar(aa)NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Robert Levey
Project Location: 1402 Cove Ct, Carteret County
Proposed Project: Pier and platforms within Dill Creek
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greap Bodnar at the address above by September 20, 2022: If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
X_ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Andrew Haines
AGENCY DEQ-DMF-Shellfish Sanitation and Recreational Water Quality
SIGNATURE for Shannon Jenkins
DATE
9/19/2022
RECEIVED
5 E P 2 n 2022
LT SECTi'M 01-110i
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

ROY COOPER.
04vemar -
ELIZABETIj,S. Of it.
secterury
:WRAXTON DAVIS
C,22 .0 9 -,74- 0 el,
August 23,,2022,
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCOEQ.,-I)ivision,of66ai6iManag-e-me-n-t� -
400, Com.mlerP&Avenlue Morehead - . .1 , City'; NC 18557
Qftce:Z152-516- 5416 (Courier,
gregg.bo1dnarOLCDENR-qov
SUBJECT: CAMA. Application Review
Applicant: lRobert Levey y
Project Location;, 1402 Coye dt'Garterell County
Ptopose,d Prdjddt: Pler.add plailb.ns within Dill Creek
Please Indicate below your agency's position or viewpoint on the proposed project,and'
return this,forin to Greag Bodnarat the address above er20, 2 2Z If you hayeany
ciyestio'ns.regarding tho,proposed project,; contact Brad Connell 252-515-5.4,1 5.
when -appropriate, in-depth comments with supporting data isrequested.
"Additional comments may be:atteched**
This --:agency has no comment on.tho.propqsed projec.t
This agency approves of the project only If the recommended -changes
are Inc6rporat4d..Seeatttich6d-
This -agency objects to the project for nea8ons,describedin the attached
comments.
o
SIGNATURE ��.
15AXE
Norfli t.,.iln. Dpartrnent 6f E;nV11VnWnW Quality I DIVISIGri of Coastal Mattagerhent
MoTchnd city Office I 400,Commcrr; Atpue lNopycheati pity, North PaMlina 29557

IL
F North Carolina Wildlife ,Resources Commission's
Cameron4deram. Executive Ditecrdr,
ME MORANf)VM
T, 0: Gregg Bodnar
Division of Coastal,Management
North Carolina Department of Envirorimbrital Quality
149CD-
FROM: , Maria T. D=36. Coastal Coordinator
ordinatpr
Habitat ConservitionDivision
DATE: September 22, 2022.
SUBJE CT: LAMA Dredge/Fill Permit Application for Robert Levey,,Carterpt County,
North Carolina,
Biologists With the, North Carolina Wildlife;kesources Comnlis,sion (NCWRQ-) reviewed the,pormit
application with regard to impacts on fish and wildlife resmirces. The project site is located at 1402 Cove
Ct. within the Mariners Point §D in Morehead City, NC adjacent to Dill Creek. -Our comments are
provided.in accordance with provisions ofthe Coastal Area.ManAgement Act-(O.S.11 13A-1,00 through
113A.129.), as amended, Sections,,401.'and 404,,of the Clean Water Acti as amen,ded,;and the Fish and
Wildlite Coordinaticil!Aqt,(48:Scat, 401, as amended; 16'U.S.C..6611 :et scq.).
The applicant proposes to construct a. 6' by 240' fixed pier with:a covered platformand a1loating,
phitfolm. At the pier's terminus,a 12' by 12"covered, platform is proposed on: the w-eaysi&with a,1.61 by
81 floating platform connected'by a 12' by 3? gangway is proposed.on the east side. No f6rmalii( pd boat
slips are proposed. Oyster bedsarc W. . ithin the area. The substrate, is thick organic mud: Dill Creek of
locition, is classified SA HqWT by theavif6ilmental Managcprri6fit Commission and is,designated a
primary nursery: area (PNA) bythe -Nq Division of Marine Fisheries.
The NCWRC is,very finpiliar with the, site and:the Mariner's Point, subdivision. The allowance ofthe
multi -slip facility was:t6minimiic impacts from individual lots developing water :access and
compromising environmental ronmental resource -,.'The waters of Dill Creek are designated APNA. P14As are.
defired'as.1fioso areas inhab I i ted bythe
the eilibryonic, larval orjuvenile lifestages of marine or estuarine fish
i -
or crustaccan species, dub tofavorable physical, chemical or biological -adesignated PNA, the
g lfitctors.As%
creek.provides an important,rearing-area for this variety of estuarine -fishes. and invcftqbr4tJ6 that need;
relatively undisturbed habitats. Erosion of the marsh, sediment disturbance; and contamination
I I 'f babi - — —1 -' -�ty., and-l..
collectively will, degrade vita tat and` -forage for wildlife, in Dj:Jl'Creok-R- esourdes within the creek.
Mailing Address: Habitat Conservation 1721 Mh
Telephone: [phone]

Page 2
and various marsh plants along the shore provide food and cover for a variety of wildlife such as blue
heron (Ardea herodias), sora rail (Porzana carolina), and pintail (Anas acuta). Extensive beds of oysters
are also present along the shoreline and would be vulnerable to continuous boating activity.
To minimize the impacts this facility may have, we request the floating platform either be removed or
stops incorporated to prevent the structure from sitting on the substrate. The platform is stated to be used
for kayak accessibility, so minimizing the structure footprint may be possible. The thick organic material
can cause significant turbidity when disturbed. Therefore, we also request a construction moratorium
from April 1 -- September 30 due to the designation of the water body, the SA RWQ water classification,
the presence of oysters, and the importance of coastal marsh during the peak period of biological
productivity.
We appreciate the opportunity to review and comment on this permit application. If you need fiuther
assistance or additional information, please contact me at [phone] or at
maria. d unoiyncwildlife.ore

ON Mr-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/Landowner Information
Business Name
Project Name (if applicable)
Z e vw� lnld of 27l-11.++ir
Applicant 1: First Name
MI
Last Name
6 6:v& �!
Applicant 2: First Name
09
MI
M
Last Name
LFVE
If additional applicants, please attach an additional page(s) wiM names listed.
Mailing Address
I`(o 2 Gov(- C0L14 i
PO Box
1
City
/Wo/L 0WP J
State
/NL
ZIP
Zg0;57
Country
1 C4,z—C-1geT
Phone No.
Z52 49,4-(,r70v ext,
FAX No.
- -
StreetAddress(it different from above)
City
Slate
ZIP
Email
2. Agent/Contractor Information
Business Name
Agent/ Contract 1: First Name
A) Z
MI
Last Name
/✓E!?VS
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
'5VI3 019 ��po
/7.b,d�
PO Box
Ciy
Nc4l, 3FitN
State
/vc
ZIP
/�
1f z
Phone No. 1/
LsZ - 6Vs-
�/ *�
V 33O?w.
Phone No. 2
_ -
ext.
FAX No.
Contractor X
V9792
Street Address (d diNerent from above)
City
S191e
ZIP
Email
RECEIVE
<Form continues on baclo JUL 2 8 2022
DCM-MHD CITY
252-808-2808 .. t o.i mST .. www.nccU. ..;a,nanagement.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
(A-n r& FT
NO2 c.ove� COU4-r
Subdivision Name
City
State
Zip
i"WitirJM5 )Ni
/101ze-NeWO C
1-9557
Phone No.
Lot No.(s) ilf many, attach addtmonal page with list)
Z52. -6Y6 - 69011 ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
E66
C/2103 1-70„~-T- 7S7Ar
c. Is Lire water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project see.
atural ❑Manmade ❑Unknown
cal SIIuND
e. Is proposed work within dry limits or planning jurisdiction?
I. It applicable, list the planning jurisdiction or city limit the proposed
Yes ❑No
work falls within.
/190/4f1✓600 C 1Ti"
4. Me Description
a. Total length of shoreline on the tram (ft.)
b. Size of entire tract (sq.ff.)
/A i
0. Z9 44,&s
c. Size of individual lot(s)
d. Approximate elevation of taut above NHW (normal Pugh water) or
N/A
NWL (normal wafer level) /
(If many lot sizes, please attach additional page with a Est)
JVNHW or ❑NWL
e. Vegetation on tract
(/lass i/t�Es e- Scl�i?"/�S
t
I. Man-made features and uses now on tract
'?k17ArrVTiAC -12W-tUi 6
g. Identify and describe the existing land uses atfiacent to the proposed project site.
�FS)nE-r�rAc. �I�EtC/NG
It. How doers local goverment zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Attach zoning compliance certificate, a applicable)
❑No DNA
yes
j. Is the proposed activity part of an urban waterfront redevelopment proposal? [-]Yes No
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ❑NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o DNA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
JUL 2 S 2022
2s2-808-2808 :: 1-8ee-4RcowsT :: www.nccoastalmanagement.n et CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
Yes ❑No
(ii) Are there coastal wetlands on the site?
�Yes❑No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
❑�
Yes I INO
(Attach documentation, if available)
<�
n. Describe existing wastewater treatment facilities.
(fLpL/; i �ED $Epjic /vrK
o. Describe existing drinking water supply source.
G✓&C Z-
p. Describe existing storm water management or treatment systems.
S(1RG,ac(- P-V-OFF-
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Publir/Govemment
rivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
/I ) & (/ ) t4y Go v�/—V/L. S: o4er ti o v OrF
014*w Nool o T t t S Apr, 406G/N6 /M,0 1
d. List all development activities you propose.
6'x ZYb' pctFss VoGK
/2 r- t 2 ' RmF GOVE2/ C ix /6 fGo/�TiNf+ DoGEC.
e. Are the proposed activities maintenance of an existing project, new work, or both? NFI.J �ida7fQ `<
f. What is the approximate total disturbed land area resulting from Me proposed project? / /00
io. Ft or ❑Acres
g. Will the proposed project encroach on any public easement, pudic accessway or other area j]Yes ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
!'CIA
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes A
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No A
j. Is there any mitigation proposed? ❑Yes 0
If yes, attach a mitigation proposal. RECEIVF
<Form continues on back> JUL 2 S 2022
�MTSETXTIS
252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallnfonnation
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable: to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? 8 previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicam claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Vf&T.a,•N - 141vel Cow C.e 07- 1000jG /vc Phone No.
Address 3701-9,41260 1y%pI 14OW 4/7e AX 295S9
Name -ZVX,," '%J lqw aWg. ""a-1 r 'V'VC /VC Phone No. v
Address 2/ 7 ;;6n1V )t'l+�lid4= 1-94de t V&jkfr /i?b/1E+*.ey crY /1K XeSS7 2 �32�" ��J
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authonzation form, if applicable.
i. Wetland delineation, if necessary.
I. A signed AEC hazard notice for projects in oceamront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. 0 the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application Will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is
truthful to the best of my knowledge.
Date 11 ZS - [ u"Z Z. Print Name
Signature_
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development RECEIVED
)<DCM MP-4Structures Information
JUL 28 20?2
DCM-MHD CITY
252.803-2808 :: 1-888.411COAST :: www.accoastaimanagement.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITYAWARINA CHARACTERISTICS
❑This section not applicable
a. (i) Is the docking facility/marina:
b. (i) Will the facility be open to the general public?
❑Commercial ❑Public/Govemment-)kmate/Community
! '
❑Yes—*o
c. (i) Dock(s) and/or pier(s)
1
d. (i) Are Finger Piers included? *es ❑No
CC��
(ii) Number I
If yes:
(iii) Length L'T
(ii) Number
(iii) Length :��
(iv) Width 46
(v) Floating ❑Yes *0
(iv) Width a
(v) Floating $Yes ❑No
e. (i) Are Platforms included? Yes []No
L (i) Are Boaffi is included? []Yes0
8 yes:
tt yes:
u Number ' lam` F CCvelL
(ii) Number
(iii) Length 11
(iii) Length
(iv) Width / 2
(iv) Width —
J
(v) Floating ❑YP-G'iXlN0
Note: Roofed areas are calculated from driphne dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
❑ Full service, including travel Irit and/or rail, repair or
N ber of stips existing
maintenance service
❑ Dockage, fuel, and marine supplies
Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats: —
❑ Boat ramp(s); number of boat ramps. —
❑ Other, please describe:
i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types).
i/
[]Open water; dredging for basin and/or channel
Open water; no dredging required
❑Other; please describe:
k. Typical boat length: I I. (i) Will the iaci�litl{ be open to the general public?
❑Yes f58No
m.(i)Willthe facility have tie pilings? !T RECEIVED
Oyes-14No
(if) If yes number of tie pilings?
JUL 2 S 2022
DCM-MHD CITY
252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/O6

Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONSrna section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toiletspatrons;
El
Toilets for Number: Location: V
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of'Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
N A
In. Give the number of channel markers and 'No Wake" signs proposed. / -
i. Give the bcation 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. h this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVFD
IJUL 28
DCM-MHD ;iTY
252-808-28118:: 1-888-4RCOAST:: ww .nccoastafmanag rnent.net revised: 12127/06

Form DCM MP-4 (Structures, Page 3 of 4)
m. Is the marina/docking facility proposed within a primaryor secondary nursery area?
)(Yes []Non. /Is the in ma/docking facility proposed within or adjacent to any shellfish harvesting area?
[]YesTNo
o. Is the marina/docking facility proposed within or adjacent to coastal we8andshnarsh (CM, submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected.
rpW❑SAV ❑SB
7`11- ❑None �(
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes pk{o
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) P7his section rat 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 ddpline dirmns ons.
14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) M This section not appltcable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetptle, etc.) This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWLor wetlands
6. MOORING PILINGS and BUOYS This section not applicable
a. Is the stmcture(s):
❑Commercial ❑PublidGovemmer8 ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, it present.
e. Arc of the swing
b. Number
d. Description of buoy (cola, inscription, size, anchor, etc.)
RECEIVED
JUL 2 S 2022
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanauement.net revised: 12/27106

Form DCM MP-4 (structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian properly fines
>K" oN (eP, </C ofo li46Nr
More: For buoy or mooring piling, use arc of swing kx*+*J fergM
of vessel.
c. Width of water body
r
e. (i) Will navigaf nal aids be required as a result of the project?
❑Yes �Jo XNA
(ii) If yes, explain what type and how they will be implemented.
N`1-
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at waterward end of structure at NLW,or NWL
Z_7S r
18. OTHER `VThis section not applicable I
a. Give complete description:
7, ZY, ZoZZ
Date
G(-(iEy A/'0 9rt f elz-17-
Project Name
Applicant Name
Applicant Signature
RECEIVED
JUL 2 8 2022
DCM-MHD CITY
2S2-608.280E :: 1-688-4RCOAST :: www.nccoastatmanauement.net revised: 1212V06

Application Review Checklist Letter A 1(//ZZ. 75
�L , / Placard Com e%t// 9/L ZZ
Applicant ,1/ �,r It'lly_! / Pub A �Y(Z Comment �/ 7�ZZ
Agenti//{�yC „�'� ✓J v Computer � ADZ
Deficient Lett r?
/ //1�� ^ 'J •� /' �K•r� 7je�zz
Physical Address r��2— aye rqe `"` �! D 6 �z Field Rep. �/a,4
AECsA__ r Habitat G�WA- Development
52^
Designations 'r rlot'�/ G COKE Buffer
Riparian Notification? Green Card? Signed Form? Obj Waive 15' Fee Schedule
46 �15 Water /
/ JAI Dependent
Deed? V
(ZiKrlS � �O•L5�
Raparian rights 1 k5.- l PH or
From Property line * (IM-m InJ` /! (rj 1/4 width?
Nav/Channel Proximity
idential Commercial
FT2 calculations 8ft�r27ft' N/A
ISSUES OF NOTE
F-P,
tiro C►i 7 IIer 24(0�F%
�Azc.ss>
12XI Z
-z.6 A14W

Permit Checklist
Major Development
Excavation/Fill
Applicant
i2D6&4- l,��c✓
nn
Permit # 1W J ?,
Address
1K02 CCVf- &Ar^�- anwl,.�
County
Physical Location including f LL� ��, I/ r 1
Waterbody Description A�j � 11 CK��t q�' �KU2 ep,,e CT, o Y �GK
MP Forms
Dates
Drawings
Pl MP2 MP3 P4 MPS
BLS u � �t��zz �
# Drawings & Dates ( S
c✓fd
Development Types ✓ (tA/
Including Conditions "I(OV-Veg ?(CAX" l6 tc
and Notes
Vitr i Va(A� �-AV4 Gov
i
�o
lZ
Z � Z r►�ti� � CP
2�
DWR 401 Certification #
Permit Fee
C2gt� si
ggql 61?5-o
Zt�2.Z-V-91Q USACESAW #
� Z`JO

From: Andre Webb
To: Bodnar. Grean
Subject: [External] Re: Levey CAMA application
Date: Thursday, September 22, 2022 7:15:19 AM
Attachments: imaae001.0na
Imape002.Dna
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
t to Report Spam.
Hey,
I talked this over with the homeowners. They are not interested in this change. They are really
looking forward to having the covered roof for shade for multiple reasons. One reason is to
reduce sun exposure for themselves and others for health reasons. They also have
elderly parents and friends who need the shade in order to enjoy the wildlife observation the
facility will provide. They brought to my attention that there are several other dock with roof
coverings and they would like to have the same. Please let me know if you need anything else.
Thanks
Andre
252-6654378
On Wed, Sep 21, 2022 at 3:51 PM Bodnar, Gregg <gregg.bodnar .ncdenr.a_ov> wrote:
Afternoon Andre,
DMF is asking about the covered platform and recommends a pergola top rather than a
standard roof to reduce shading within the PNA. Would the applicant have any interest in
that change?
Thanks,
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
Gregg.Bodnar .ncdenr.gov

***This is a word processing form to be completed in Microsoft Word"'
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/1/2012)
Applicant: Robert Levey
Date: 8/12/22
Project Site County: Carteret
Staff: Brad Connell
District: ❑Elizabeth City ❑Washington
®Morehead City ❑Wilmington
Project Name: Levey dock
Date of initial application submittal (EX: 1/8/2007): 7/28/22
Date application "received as complete" in the Field office (FCC: 1/8/2007): 8/1/22
Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: ®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: ❑Yes ®No ❑Not Sure
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 (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
® High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
® (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
® (SA) Salt marsh cordgrass (Spartina
❑ (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
❑ (SP) Salt/meadow grass (Spartina
roemedanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
$100
and/or fill - $400
® I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net revised: 02115/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Levey
Date: 8/23/22
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
One
One
Fixed pier
1
New Work ®
Replace
240'
6'
Maint ❑
❑ Y. ® N
Covered
1
New Work ®
Replace
12'
12'
latform
Maint ❑
❑ Y ® N
Floating
1
New Work ®
Replace
16'
8'
platform
Maint ❑
❑ Y ® N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
revised 02/1 SM 0

NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3)
Applicant: Levey
Date: 8123/22
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tem im acts
impact amount
tempimpacts)
amount
Open Water
Dredge ❑ Fill ❑ Both ❑ Other ®
1,888 ftz
1,888 ftz
Coastal Wetlands
Dredge ❑ Fill ❑ Both ❑ Other ®
900 ft2
900 it,
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 02/15/10

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 23, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg. bod nar(aNC D EN R.gov
SUBJECT: CAMA Application Review
Applicant: Robert Levey
Project Location: 1402 Cove Ct, Carteret County
Proposed Project: Pier and platforms within Dill Creek
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by ;September 20,_ 2022. If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5415.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
PRINT NAME
AGENCY
,SIGNATURE
DATE
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.
DEQ��
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252,806.2808

NC Division of Coastal Management
Cashier's Official Receipt
-gc
Received From::� (�610 v+
►✓� V t�
Permit No.: � ` a�OV
Applicant's Name: h010Ck4
Project Address: 11 0 2, c• o\if, td01A V
21622ABCD
Date: 2 2011
$ 25D
Check No.: M9
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: Date: �
Signature of Field Representative: Date: ,�, I., 17
,,

DCM Coordinator: Gregg Bodnar Distributed Yes® No ❑
Applicant: Distribution Date: qI -31 aa-
AGENCY
WIRO
WARO
LPO
t u -7
L
Rachel Love Adrick MHC
Rachel Love Adrick Washingon
DCM Planner
Mike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
Liz Hair
Raleigh Bland (Beaufort Camden, Chowan,
(Carteret, Onslow, Pender)
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Jordan Jessup (TBD)
Josh Peletier - (Bertie, Currituck, Dare, Gates,
Greg Curry (TDB)
Pamlico, Pasquotank, Washington)
US COE (NC DOT)
(Brunswick, New Hanover)
DOT Brad Shaver
DOT -Tom Steffans- (Beaufort, Carteret,
Craven, Pamlico
(Brunswick, New Hanover, Onslow,
Pender)
Mark Zeigler (Onslow, Pender, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort Carteret Craven, Eliz
Lee Padrick (Beaufort Carteret Craven
City, Pamlico, Washington)
Eliz City, Pamlico, Washington
Cultural Resources
Renee Gledhill -Earley
Renee Gledhill -Earley
Div. of Water
Infrastructure
Heidi Cox
Clif Whitfield
Marine Fisheries
Kimberlee Harding
Jimmy Harrison
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon Gupton
Shannon Jenkins & Sharon Gupton
Tim Walton & Mike Moser & Wanda
State Property
Hillard
Tim Walton & Mike Moser & Wanda Hillard
DEMLR/DWR:
Sheri A. Montalvo/Shelton Sullivan
Sheri A. Montalvo/ Shelton Sullivan
(NC DOT)
Kristy Lynn Carpenter
Kristy Lynn Carpenter
DEMLR
-TI
Sediment & Erosion
Dan Sams
Sami Dumpor
Storm water
Christine Hall <
Roger Thorpe
DWR401
Holley Snider (Carteret, New Hanover
Anthony Scarbraugh
Onslow, Pender,)
Chad Coburn (Brunswick)
(NC DOT)
Joanne Steenhuis Brunswick, New
Garcy Ward
Hanover, Onslow, Pender
WRC
Maria Dunn (WARO)
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program
Rodney Butter
Rodney Butter
S:\Amanda Cannon\Majors\Mist Major Forms\Comment Sheet - sending for comments.docx
Revised : 5/7/2019

70
0
m
n
CN
m
0
0
r
O
°A
m
o
v
O
O
<
F--
C7
IT1
IT1
D
Q
Fll
O
-�
C
_D
O
O
�7
C
�
=
0
�
C7
z
c�
WE[3l3 nf?AF11NG & PE516N LEVEY MAJOR PERMIT scale: AS NOTED
ANPf',MW 1402 COVE COURT MOREHEAD CITY, NC proec no
3413 A O ? APPOZT FlOV -�
drawing: raw ng ie:
NEW f EPN, NC 28562 rev Ma'or.dw
COVER SHEET / LOCATION MAP
no. revision by date 252-665-41 18 1 OF 5

LEGEND
NORMAL HIGH WATERLINE (NHW)
EXISTING NEIGHBORING
\. \F w
z w w w
_
DOCK V
AOF
\Ca., SCALE: 1 "=50'
_
PROPERTY LINE
30' CAMA BUFFER
\ `L W W J'
\E� E OF MARSH w
W
w
R DEPTHS AT LOW TIDE
\
�\ \\
RIPARIAN LINE
CANAL OFF OF
w w
w
w
w w w
w
w
w
w
w w
w
w
w
w
w
w
w
w w
w w
w w w
\ O CRAB POINT BAY
2'��
/ 2.7' X \\ � "RPARIAN LINE
X X-2.65'
V X-2.2, X
\\
L
1.85 2'C�/
x-2.1'VX2.5'
w W W W
RIPARIAWLINE.
w .�
W
5 1.8
W
✓
W
w
.L
w
w w
w
w
W
W
W
W
w/
W w w
y w
y W w .� w
w DOSTING NEIGHBORINGEDGE
� W W W
\\
QOCK w w w/
F
OiAAR\
w w w w w / SH\
wwwwwwww
w
//
wwww
ww�/ w �� EXISTINONEKHBORIN�.
www
www w
D06 �
w
w
w
www
/
wwwwwwww�www/w
\
NHW
/
I
30'
CAMA BUFFER
w
w
ANDERSON
1403 COVE COURT
MOREHEAD CITY, NC
BAILEY
1401 COVE COURT
MOREHEAD CITY, NC
NHW
VELTMAN
1404 COVE COURT
MOREHEAD CITY, NC
/ LEVEY
1402 COVE COURT
MOREHEAD CITY, NC
/
/
ROBINSON
1400 COVE COURT
MOREHEAD CITY, NC
FA
/
/
/
/
FOWLER
1404 MAINSAIL
MOREHEAD CITY, NC
w w w w w W W w w w w w w w w w w w w
w w w w w w w w w w w w W w w w w w
w w w w w w w w w W w W L w w w w
w W w W w w w W w w W w w w W w
w w w w W w w w w W w w w w W
w w w w w RECEIVED w
w w w w w w w
w W W
-JUL 28 2022 w
w W w
THARRINGTON
1402 MAINSAIL DC
MOREHEAD CITY, NC w w w w
m
U
Z
U
F p
O
CC
LLLLJ w
NLL �c
LL G
O
p
O
} U
W LLI
J 0
U
N
O
Z
O
z
n
O
�
Q
N
��^
z

LEGEND
o
s
o
w
W
W
W
W
W
W
\ / \ \ .✓ .r W
W
o
E-
n
NORMAL HIGH WATERLINE (NHW)
r
o
�'Z
..
EXISTINGOOCIBH\RING \
z
'
W
W
W
W
•Y
W
.�
W
W
1 W
W
p� --
W W
\CSCALE: 1�W50�
PROPERTY LINE
a a
W W
30' CAMA BUFFER
w
/
\ V HEDGE OF MARSH w
W
R DEPTHS AT LOW TIDE
Z
W
W
W
.L
Y
y
W
Y
W
W
W
Y
4 `Y J'
/•I' W
Y W � � �,r pF \\ W W
J' W
W
J'
W
W
W
W
.
W
W
y
W
W
W
W
•l' `L
•I' W
RIPARIAN LINE�� \ \ CANAL OFF OF y
•Y W W \ CRAB POINT BAY
y
y y
U
Z
\\
`
J'
W
3'
y
J'
W
W
Y
W
W
Y
W y
y W W/
W
W
W
W •Y W 2.73' ROPOS . DOCK �p
y
y y W
Q
J
X \\ \ "RIP�ARIAN LINE
w
Of=
Jd1
�✓ J'
W
W
W
W
W
W
W
W
W
W
W
W `Y `L `Y
W W
X -2.65' \ \4
W W W W W W / Y-2.2' \
1 W W 1
/w w
W
W y
Y
W
W
W
W
W
W
W
W
W
W
W
W
W W
RIPARIAN°
,�
W W W W Cg W y W X 2." -2.6 / \\
W -2.1 X2 \ \
LINES' "' RRACCES�S / '
W •I' �' W
�, �,
W
W
N O
l0Y G�
V
W W
W
W
W
W
W
W
W
W
W
W
W
W
W W
W
W
W
// \ \
WP�LI<WA� V PRO 0 ED FLOATI,N \
W W W ^ 210 S '\ \
L
W W W
W
Q
w
w
DOCK / \ \ \
w
(n
O
W
IXISANG NEIGHBORING y� .� �- .� / \
/
\
\
,�
O
O
Cl-
W W
W
W
W
W
W
W
W
W
DOCK W / EDGE OF�SH \
W
\
w\ uj
/
O
CC
W W W
W
W
W
J
W
W
W
W
/
W
W
.Y W/ •Y W W W W W \\
\
\\\
J ' O1
W W
W
W
W
W
/
�' V• y W W W Y-/ W W/ W \
IXISTI DOGK
HBORING\,
�
\
v
\ \
o
NHW
co
30'
CAMA BUFFER
/ w
w
a �
� YYY�V
Da O v
NHW
VELTMAN
1404 COVE COURT
MOREHEAD CITY, INC
W �'
`I'
N
/ // •L W
W
J'
W
W
W
W
W
y
W
W
W
W
W
3' u'
<
z
y •Y •Y
y
W
W
W
J
W
W
W
Y
•Y
•L
•V
W W V' y
�' y
}.
1403ANDER COVE oOURT
MOREHEAD CITY, NC
I'
W
W
W
W
W
J. W W W
W
W W W J' •1' •1'
LEVEY1402
COVE COURT
T
/ MOREHEAD CITY, NC �\ JW W W W W W W W •Y y y W W W W W y JW
\ I
/ /
•L
W
W
W
W
W
W
W
W
W
�'
W
W
W
W W W •L
L�
�
W
W
W
\
/
// /
W
W
Y
•Y
W
W
Y
W
W
W
W
W W Y W
BAILEY
1401 COVE COURT
/
/
— _
W
W
y
w
W
y y y y
6
MOREHEAD CITY, NC
I
w
y
W RECEWED
ROBINSON
W
2L" 2 8-20z�
1400 COVE COURT
MOREHEAD CITY, NC
FOWLER
1404 MAINSAIL
THARRINGTON
MAINSAIL
AI
y w
W
MOREHEAD CITY, NC
MOREHEAD CITY,
-M�iD �ITX
-
°

0
EDGE OF MARSH � A/
z
RIPARIAN LINEo
CANAL OFF OF
_
ui
0
// \ c���� END OF DOCK NOT Y0. EXCEED \\\ CRAB POINT BAY Z
/ 2 75' \\\30'-3" FROM EDGE OF�MARSH
-2 7 X- 11,12\ 12' ROOF COVER \ .\ 4� �o \ \ \ \ o CL
/ \ P \\ W N
X \ // 2.65' PROPOSED 8' x 16' \�' \\ o
/ \ / FLOkMG DOCK �� \ \ \\\ = NCL
/ X-2.2' \ \\ /� \ \ &
X 2.6 RIPARIAN \LN \\\ O a
-1.85 \\ /
-2.1' X2.5' // \\\ // \ \ SCALE�'9,,=15' z N
PROPOSED 240' DOCK / \
ACCESS�WALKWAY PROPOSED 3' x 12' o ro
X GANGWAY RAMP
/ -1.85
n
EDGE OF MARSH N,�
a
a
n
/
/
\
H
x
U
p
/
EXISTING NEIGHBORING \
�
A/
�//
/
� \V k
DOCK \
v
w
w
//
—
c
/
\Ll
DCM-,noun rom.

N
O
D
O
O
n,
,n
D D
0
m
0
n
N O
D
II (J-)
<
Frl
00
D
A
Ln
ri
F—
M
m
F--
Z
m
D
O
0
i
w
0
0
m
Z
i
C:
O
0
z
s
y
m
A
V)
x
r
z
x
�z
;:E
O
�O y0
Z
DO O
OOv0vC)-<
v
O� �w
c� _
O<fJ
70cx -a_
Mx
v
(7 N
N_
C=
n
_
t-z
m
M
N
�s
pro °
zsDANt7�
WN6P t2�11N6 & PF516N
LEVEY MAJOR PERMIT
M[1 D
1402
COVE COURT MOREHEAD CITY, NC
3413 A OW A PIPOP.T POAi7
pd.te:
raw ng:
sot, NPW MFN, NC 28562
252-665-
PROPOSED PROFILE ELEVATIONrevision
w,s
m°x distance from marsh
nw
,oi,z
5
by
date

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

December 16, 2022

Regulatory Division

Action ID No. SAW-2022-01992 General Permit No. 197800056

Mr. Robert Levey
1402 Cove Court
Morehead City, North Carolina 28557

Dear Mr. Levey:

Through coordination with the North Carolina Division of Coastal Management we have
learned of your request to construct a pier and platforms within Dill Creek for private use
adjacent to 1402 Cove Court in Morehead City, Carteret County, North Carolina.

On January 1, 2022, we renewed general permit No. 197800056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and
boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the
United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act
of 1899.

Your work is authorized provided it is accomplished in strict accordance with your
submitted plans, the enclosed general conditions.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As
this Department of the Army regional general permit does not relieve you of the responsibility to
obtain any other required approvals, you should contact appropriate State and local agencies
before beginning work.

Thank you for your cooperation. If you have questions, please contact Liz Hair, of the
Wilmington Regulatory Field Office, email: [e-mail].

-2-

Sincerely,

Liz Hair Project Manager
Wilmington Regulatory Field Office

Enclosures:
GP 56 conditions
Plans
CAMA Permit No. 100-22
Manatee Guidelines

Electronic Copy Furnished:
Agent/Contractor: Andre Webb
NC DCM- Gregg Bodnar/Amanda Cannon

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the
U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the
Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses, and boat shelters will be pile-supported or
floating structures.
2. Pilings, dolphins, jetties, and breakwater structures may be constructed of
wood, metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete,
or rock riprap.
3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize dredging or excavation, or the discharge of dredged,
excavated, or fill material within waters of the U.S., except for the placement of
structures for jetty, breakwater, or groin construction. This RGP does not authorize any
work on Atlantic Ocean beaches.
The following definitions will be used for purposes of this RGP:
a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by
the plane of the mean (average) high water. The precise determination of the actual
location of the line can be established by survey with the reference to the available tidal
datum, preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the
Wilmington District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the
Federally Authorized Channel Setback, unless the activity is approved by the Corps. The
Permittee must submit the information described in General Condition "y" and obtain
approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the
construction of any structures within the Federally Authorized Channel Setback.
c. This RGP does not authorize construction across or into any natural or manmade
channel or waterbody in any manner that may adversely affect navigation by the general
public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be
extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHWM) elevation contour (tidal areas), or the Ordinary High Water Mark (OHWM)
elevation contour (non-tidal areas), or one-third (1/3) the width of a waterbody,
whichever is closer to the shoreline, except as otherwise governed by the presence of a
Federally maintained channel.
e. The width of any pier will not exceed six ( 6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
f. The total square footage of shaded impact for docks and mooring facilities
( excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 800 square feet. In calculating the shaded impact, uncovered open water
slips shall not be counted in the total. The maximum size of any individual component of
the docking facility (excluding the pier) authorized by this RGP shall not exceed 400
square feet unless the Corps determines, in writing, that a greater width is necessary for
safe use, to improve public access, or to support a water dependent use that cannot
otherwise occur.
g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square
feet. Boatlifts will be open and will not exceed 400 square feet.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. Docks and piers extending over wetlands will be elevated sufficiently (minimum
of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or
other elements of the aquatic environment.
j. Groins, jetties, or breakwater structures shall not be constructed in wetlands,
seagrasses, and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1) Water depth at the docking facility location is equal to or greater than two feet
at mean low water level: and
2) The pier and docking facility are located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located over submerged aquatic vegetation
shall be allowed if the water depth between the bottom of the proposed structure and the
substrate is at least 18 inches at mean low water level.
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas), or the OHWM elevation contours.
n. This RGP does not authorize the installation of fueling facilities on authorized
structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas.
s. No jetty shall be constructed during the period between April 1 and September 30
unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations in water
elevation, will be designed so that the structure will not rest on the bottom of the
water body at any time, and will be secured in such manner as to not break away.
u. Breakwater structures will be no longer than 500 feet. They will have a minimum
of one-inch openings between standard width (6 to 12-inch) sheathing boards and at least
one, five-foot wide opening for each 100 linear feet of structure.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. It is possible that the authorized structure may be damaged by wave wash from
passing vessels. The issuance of this permit does not relieve the Permittee from taking all
proper steps to ensure the integrity of the permitted structure and the safety of moored
boats. The Permittee will not hold the US liable for any such damage.
x. This RGP does not authorize habitable structures or any structure or associated
facility for non-water related use.
y. Structures and their attendant utilities, authorized by this RGP, located on lands
subject to an easement in favor of the US for the operation, maintenance, improvement,
and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the
expense of the Permittee, in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the US, the lands are needed at any time for any purpose
within the scope of the easement. Permanent buildings will not be constructed within the
easement.
z. This RGP does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
aa. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any of North Carolina's twenty coastal
counties be proposed by a Federal agency, a consistency determination pursuant to
Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the
North Carolina Division of Coastal Management before the onset of the proposed
activity.
General Conditions.
a. Except as authorized by this RGP or any Corps approved modification to this
RGP, no excavation, fill or mechanized land-clearing activities shall take place within
waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
b. Authorization under this RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of
the applicable Clean Water Act Section 401 Water Quality Certification for this RGP
issued by the North Carolina Division of Water Resources.
d. The Permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this RGP must not interfere with the public's right to
free navigation on all navigable waters of the U.S. 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 a reason other than safety.
f. The Permittee understands and agrees that, if future operations by the US require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the US. No claim shall be made against the US on account of any such
removal or alteration.
g. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the US
and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
h. This RGP does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or
limit an agency's ability to conduct necessary operation and maintenance functions. Per
Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no
project that has the potential to take possession of or make use of for any purpose, or
build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work
or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow
areas, dredged material disposal sites, flood control projects, etc., shall be permitted
unless the project has been reviewed and approved by the appropriate Corps approval
authority. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Engineer prior to the initiation of any
activity that has the potential to modify or conflict with a federally authorized project.
i. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SA [e-mail].
j. The Permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this permit.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed
federal project.
n. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the US in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
o. Authorization provided by this RGP may be modified, suspended, or revoked in
whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this
RGP shall be five (5) years unless subject to modification, suspension, or revocation.
Any modification, suspension or revocation of this authorization will not be the basis for
any claim for damages against the US Government.
p. No activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic
designation or study status. Information on Wild and Scenic Rivers may be obtained
from the appropriate Federal land management agency responsible for the designated
Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service,
etc.)
q. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee
provides the Corps with a certification from the Secretary of Commerce that the proposed
activity is consistent with the purposes of Title III of the Marine Protection, Research and
Sanctuaries Act. Information on marine sanctuaries may be obtained at
http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the
Corps with a written certification from the Department of Commerce.
r. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit
the information described in General Condition "y" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The Permittee may not
begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this permit, you
must immediately notify the Wilmington District Engineer of what you have found, and
to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The
Wilmington District Engineer will initiate the Federal, tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
t. No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed*. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "y" to the Corps if any listed species or designated critical habitat may
be affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian Manatee and
if the activity may affect the manatee, the Permittee does not have to submit the
information in General Condition "y" to the District Engineer as long the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information described in
General Condition "y" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the US Fish and Wildlife Service (Service) in regard to the threatened Northern
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to federally-designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• The project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• The project is located in the 59 eastern counties of North Carolina and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a RGP must check to see if their project is located in the
range of the NLEB by using the following website:
http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the Permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• Is located in a 12-digit Hydrologic Unit Code area ("red HUC" -shown as
red areas on the map), AND/OR;
• Involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• Tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• Bridge removal or maintenance, unless the bridge has been inspected
and there is no evidence of bat use, ( applies anywhere in the range of the
NLEB), AND/OR:
• Percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable RGP
terms and general and special conditions, and if the Permittee's review under A.(l)
and A.(2) above shows that the project is:
• Located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located in a red HUC, but the activity will NOT include tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency -if that other federal
agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all RGP general and
special conditions are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHW A have
conducted programmatic Section 7(a)(2) consultation for a number of federally listed
species and habitat, and programmatic consultation concerning other federally listed
species and/or habitat may occur in the future. The result of completed programmatic
consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These
PBOs contain mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" of whichever species or critical
habitat is covered by a specific PBO. Authorization under this RGP is conditional upon
the permittee's compliance with all the mandatory terms and conditions associated with
incidental take of the applicable PBO (or PBOs), which are incorporated by reference in
this RGP. Failure to comply with the terms and conditions associated with incidental take
of an applicable PBO, where a take of the federally listed species occurs, would
constitute an unauthorized take by the permittee, and would also constitute permittee
non-compliance with the authorization under this RGP. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements
in any RGP verification that may be issued for a project. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its PBO, and with the
ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. If the Permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the Permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
y. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory
Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre-
Construction Notification Form.
1. Name, address, email and/or telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community,
and county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description must be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings must be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings must contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans).
z. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This RGP does not authorize any activity prohibited by the National Flood Insurance
Program.
aa. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the Permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
[e-mail].
bb. The Permittee must maintain any structure or work authorized by this permit in
good condition and in conformance with the terms and conditions of this permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or
work. Transfer in fee simple of the work authorized by this permit will automatically
transfer this permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The Permittee must inform any subsequent owner of all activities
undertaken under the authority of this permit and provide the subsequent owner with a
copy of the terms and conditions of this permit.
cc. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance
with 33 CFR 325 will be available.
dd. Except as authorized by this RGP or any Corps approved modification to this
RGP, all fill material placed in waters or wetlands shall be generated from an upland
source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials (including debris from land clearing activities), or unsightly
debris will not be used.
ee. Except as authorized by this RGP or any Corps approved modification to this
RGP, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this RGP will remain authorized provided the
activity is completed within twelve months of the date of the RGP's expiration,
modification, or revocation. Activities completed under the authorization of this RGP
that were in effect at the time the activity was completed continue to be authorized by the
RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
r_,---/ ·~ ~ ~~z,/ __ _ I .,,/ / ,·
---/~amirr 1. Be .·· ett --
co1one1, U.S. Army
District Commander
Permit Class Permit Number
NEW 100-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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 Robert Levey, 1402 Cove Court, Morehead City, NC 28557
Authorizing development in Carteret County at adj. to Dill Creek, at 1402 Cove Court, in
Morehead City, as requested in the permittee’s application dtd 7/25/22, including attached workplan drawings
(5), Sheets 1-3 of 5 all dtd 7/14/22, Sheet 4 of 5 dtd “Rev 3/30 and Sheet 5 of 5 dtd “Rev 10/12/21.
This permit, issued on September 28, 2022 , 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.

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

September 28, 2027

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Pier and Kayak Launch

1) This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this pier and kayak launch 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
pier and kayak launch. Any sewage discharged at the pier and kayak launch 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)

Robert Levey Permit No. 100-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) Any portion of the permitted access pier and kayak launch built over wetlands shall not exceed six feet
in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the
bottom of the decking.

4) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the floating dock
at a minimum height of 18” above the bottom substrate to prevent the floating dock from disturbing the
bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility.

5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

6) This permit does not authorize any formalized boat slips.

7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the western adjacent property owner’s area of riparian access.

8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water.

9) The roof of the covered platform shall not be designed for second story use.

10) 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.

11) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

12) To reduce direct impacts to oyster resources, the permittee shall relocate all oysters falling within the
footprint of pilings to an area immediately adjacent to the project area.

13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.

Sedimentation and Erosion Control

14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

Robert Levey Permit No. 100-22
Page 3 of 3

ADDITIONAL CONDITIONS

General

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) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit
197800056 (Action ID SAW-2022-01992).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2022-1169.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.

NOTE: An application processing fee of $250 was received by DCM for this project.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally-listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee’s principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in-water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service’s review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water-related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that
there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service’s Raleigh Field Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangl ed. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.