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HomeMy WebLinkAbout20-14 Ivey, Ted & JewelNEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission PAr�� 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 Ted and Jewel Ivey, 229 NC Highway III South, Goldsboro, NC 27534 Permit Number 20-14 development in Carteret County at Bogue Sound, 1803 Highway 24, as requested in the permittee's application dated 11/22/13,including the attached workplan drawing (1), dated revised 12/6/13 This permit, issued on March F 201 d is subject to compliance with the application (where consistent 'with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility d) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition. shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) s permit action may be appealed by the permittee or qualified persons within twenty (20)'days of the issuing An appeal requires resolution prior to work initiation or mance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. "Any maintenance work or project modification not covered ,hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 In issuing this permit, the State of North Carolina agrees iat your project is consistent with the North Carolina Coastal Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Brax o C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee •t, 1 'Ted'and Jewel Ivey Permit #20-14 Page 2 of 3 ADDITIONAL. CONDITIONS 3) „ No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. £-4) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 5) ;. The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the - permitted activity without having it transferred to a third party. 6 This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public :` interest. 7) _, The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This permit authorizes 2 new formalized boatslips in association with this docking facility. Army Corps of Engineers Conditions The docks and piers extending waterward of the normal high water (NHW) line, shall be elevated a minimum of 6.5 feet above any substrate with SAV to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. Any portion of the pier located over SAV shall be no more than 4.5 feet in width. The pilings supporting the pier shall be at least 10 feet apart, other than terminal instances with dimension less than 10 feet. General 12) ` The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 13)..: No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. Teal, 7and Jewel Ivey Permit #20-14 Page 3 of 3 ADDITIONAL CONDITIONS s. 44,)'- 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. 115)' 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. �-NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 14-0008. The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2014-00098. Major CAMA Permit Application Ted and Jewel Ivey 1803 Highway 24 Newport, North Carolina November 22, 2013 Prepared by: Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 RECEIVED Telephone 252-354-4916 NOV 2 2 2013 DCMMUDCTPY Ted and Jewel Ivey Major CAMA Permit Application Modification of Existing Pier/Proposed New Pier Contents Application Documents DCM MP — 1 Application DCM MP — 4 Structures Project Narrative Introduction Site Description Project Description Construction Methods Authorized Agent Letter Property Deed Notification to Adjacent Riparian Property Owners Project Plans Sheet 1 of 1 NOV 2 2 2013 DCM-MHD CITY UCM MF4 APPLICATION for Major Development Permit ; . past revised 12(27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) N/A N/A Applicant 1: First Name MI Last Name Jewel H Ivey Applicant 2: First Name MI Last Name Ted E Ivey if additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 229 NC Highway 111 South N/A Goldsboro NC ZIP Country Phone No. FAX No. 27534 USA 919 - 778 - 2465 ext. N/A N/A - Street Address (d different from above) City State ZIP N/A Email tivey@suddenlink.net 2. AgentContiactorInformation Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name MI Last Name Kathy B Vinson Agent/ Contractor 2: First Name MI Last Name N/A Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 2855708 252 - 240 - 9297 ext. N/A 252 - 354 - 4916 ext. N/A FAX No. Contractor # 252 247 5876 N/A Street Address (if dfferent from above) City State ZIP N/A Email kbvinson@ec.rr.com <Form continues on back> RECEIVED NOV 2 2 2013 DCMINHDCITY Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 1803 Highway 24 N/A Subdivision Name City State Zip N/A Newport NC 28570 - Phone No. Lot No.(s) (d many, attach additional page with list) N/A - ext. NIA, a. In which NC fiver basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ONO work falls within. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 324 257,004 c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high wateo or N/A, I NWL (normal water level) (If many lot sizes, please attach additional page with a list) + g SNHW or ❑NWL e. Vegetation on tract Mature trees, grass, landscape vegetation, coastal wetlands f. Man-made features and uses now on tract Single-family residence, garage, block retaining wall, pier with boat lift and jet ski lift g. Identify and describe the existing land uses ad4acent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning compliance certificate, it applicable) SYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? LJYes LQNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. 0Yes ONO NA If yes, by whom? NIA I. Is the proposed project located in a National Registered Historic District or does it involve a DYes ONO NA National Register listed or eligible property? cP,r rnntinupc nn nowt nanp� (i) Are there wetlands on the (it) Are there coastal wetlands on the site? (iii) If yes to either (1) or (ii) above, has a delineation been conducted? (Attach documentation, if available) SYes []No NOV 2 2 2013 ❑Yes ONO Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. Individual septic system o. Describe existing drinking water supply source. Water service provided by West Carteret Water Corporation p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ElCommercial OPublictGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will provide water/boating access for owners of the property and their guests. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One barge with pile -driving equipment will be used for construction of dock and will be stored in deep water. Construction of the elevated walkway will employ conventional methods. d. List all development activities you propose. Construction of a new pier with platform, two boatlifts, and associated highground elevated walkway; replacement of boatlift on existing pier with a jet -ski lift. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 1000 NSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area MYes ONo NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow run-off to Bogue Sound. 1. Will wastewater or stormwater be discharged into a wetland? Yes BNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []NO NNA j. Is there any mitigation proposed? Yes SNo NA j(EC] If yes, attach a mitigation proposal. NOV 2 2 2013 <Form continues on back> 6. Additional information nn((��M{ In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the appTii'atwn package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Lynn Turner Lee Phone No. Address 5864 Sapony Creek Drive, Nashville, NC 27856 Name Elmer T. Sprinkle, III Phone No. Address 243 Deep Bay Drive, Newport, NC 28570 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. CAMA General Permit 22296, issued to Ted and Bob Ivey, 6123/99 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property omer) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _November 22 2013 Print Name _Kathy B. 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 ®DCM MP-4 Structures Information RECEIVED NOV 2 2 2013 DCM-Mo City Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit RECEWW NOV 2 2 2013 DCMMHDC17y Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? []Commercial ❑PubliclGovemment ®Private/Community, ❑Yes ®No c. (i) Docks) and/or pier(s) d. (i) Are Finger Piers included? []Yes ®No (li) Number one proposed dock plus one existing dock If yes: (ill) Length proposed = 454'. existing = 210' (ii) Number (iv) Width proposed = 5'. existing = 5' (ill) Length (v) Floating []Yes ®No (iv) Width _ (v) Floating []Yes []No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number proposed dock = 1, existing dock = 1 (ii) Number 2 boatlifts and one single -pole iet ski lift (ill) Length proposed dock = 8'. existing dock = 16' are proposed plus one existing single -pole iet ski lift (iv) Width proposed dock = 12'. existing dock =14' (ill) Length 13' (v) Floating ❑Yes ®No (iv) Width 13' Note: Roofed areas are calculated from dnpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 2 ❑ Full service, including travel lift and/or rail, repair or (II) Number of slips existing maintenance service 2 ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 4 ❑ Dry storage; number of boats: ❑ Boat tempts); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel Open runabout ®Open water; no dredging required RECEIVED ❑Other; please describe: NOV 2 2 2013 k. Typical boat length: 25' or less I. (i) Will the facility be open to the general public? DCM-.MMCffV m. (i) Will the facility have tie pilings? ❑Yes ®No ❑Yes ®No (ii) If yes number of tie pilings? N/A 2. DOCKING FACIUMMARINA OPERATIONS 0This section not applicable f Form DCM MP-4 (structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. Waste receptaces located on high ground d. How will overboard discharge of sewage from boats be controlled? None e. (i) Give the location and number of "No Sewage Discharge" signs proposed. None (ii) Give the location and number of'Pumpout Available" signs proposed. None f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? None h Give the number of channel markers and "No Wake" signs proposed. None I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. What will be the marina policy on overnight and live -aboard dockage? None k. Describe design measures that promote boat basin flushing? None I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED Not an existing marina NOV 2 2 2013 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DCM-MHDCITY ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW existing = 81 sf shaded. Proposed = 90 sf shaded ®SAV existing = 1520 sf shaded. Proposed = 2365 sf shaded ❑SB _ ❑WL _ []None Form DCM MP-4 (Structures, Page 3 of 4) p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. N/A 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (it) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (h) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheelpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): b. Number ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 71' to east, 36' to west 237' to east, 473' to west Note: For buoy or moodng piling, use arc of swing including length ofvessel. c. Width of water body d. Water depth at waterward end of structure at NLW or NYVL +/- 13,000' - 2' NLW at proposed dock f REECEMM e. 0) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA NOV 2 2 2013 (II) If yes, explain what type and how they will be implemented. N/A DCM-MHDCffy 8. OTHER 0This section not applicable Form DCM MP-4 (structures, Page 4 of 4) a. Give complete description: Due to the relatively high elevation of the parcel, an elevated slatted walkway will provide pedestrian access from the highground onto the proposed pier. The walkway is shown on project plans and will be in two sections measuring 46' x 5' and 38' x 5'. November 22, 2013 Date Project Name Jewel and Ted Ivev Applicant Name Ant Sign re f. RECEIVED NOV 2 2 2013 DCM.,MMC19y Ted and Jewel Ivey Carteret County Project Narrative Introduction Ted and Jewel Ivey are the owners of a single-family residential parcel located at 1803 Highway 24 in Carteret County adjacent Bogue Sound. The project site includes an existing pier with one boat lift and one single -pole jet -ski lift. Mr. and Mrs. Ivey propose to replace the existing boat lift with a single -pole jet -ski lift and construct a second pier with associated highground walkway, platform, and two boat lifts. Site Description The Ivey property consists of 5.9 acres. It fronts both Bogue Sound and Highway 24 and is zoned by Carteret County for residential use. An existing residence and detached garage are being renovated. The project site is accessible from a driveway that runs from Highway 24 to the house at the waterward end of the parcel. The portion of the parcel adjacent Highway 24 is wooded, with the area immediately surrounding the house containing landscape vegetation and grass. A number of mature trees are located along the waterfront and elsewhere on the property. A fringe of coastal wetlands ranging in width from about 15' to 25' is found along the shoreline of the property. An existing block retaining wall is located along a portion of the waterfront and landward of a grassy lawn area and the fringe of coastal wetlands. The shoreline along Normal High Water (NHW) measures 324'. The existing pier is located on the east side of the property. It is 210' in length, measured from the waterward edge of marsh, and is 5' in width. The docking facility contains a roofed platform measuring 16' x 14' at the waterward end, with steps into the water to access an existing boat lift located on the eastern side. A single -pole jet -ski lift is located at the western end of the platform. The existing pier length is consistent with the pier head line along this shoreline, as shown on aerial photographs. Normal Low Water (NLW) depths at the waterward end of the existing pier measure less than -1.0'. Submerged aquatic vegetation (SAV) is observed in the area adjacent Ted and Jewel Ivey Major CAMA Permit Application RECEIVED November 22, 2013 NOV 2 2 2013 Page 1 DCM•MHD CITY and waterward of the pier, with a sandbar visible approximately 80' to 100' waterward of the existing pier. Photographs taken from the existing pier clearly show scrape marks through SAV's caused by boats attempting to navigate the shallow water in the pier head vicinity. An historic channel used by local residents to access deep water is visible on aerial photos of the area. The location and orientation of the historic channel were used to determine the riparian corridor for the Ivey project site and adjacent properties. The Intracoastal Waterway is located approximately 835' beyond the edge of the deep water historic channel. The highground topography is relatively flat, with an approximate elevation of + 9' NHW that slopes to the water at the shoreline. The waters of Bogue Sound at the project site are classified as SA HQW by the Environmental Management Commission and are open to the harvesting of shellfish. Bogue Sound is approximately 13,000 feet wide at the project site. There are no shellfish leases adjacent to or within close proximity of the project. Several large single-family residential parcels are located to the west along Bogue Sound. Deep Bay, a single-family residential subdivision, is located immediately to the east of the Ivey property. Elmer Sprinkle is the adjacent riparian property owner to the east. Lynn Turner Lee is the adjacent riparian property owner to the west. Project Description The owners propose to modify the existing pier located on the eastern portion of the property. They also propose to build a new pier with highground elevated walkways, platform, and two boat lifts to the west of the existing pier. The existing pier currently includes one boat lift and one single -pole jet -ski lift. The owners propose to replace the existing boat lift with another single -pole jet -ski lift. They plan to utilize the existing dock as a pedestrian pier and for dockage of jet -skis, thus lessening the impact to resources from boat traffic. They propose to relocate their full-size boat to the new, longer dock with boat slips located in deeper water (minimum of -2' NLW) than found at the existing dock. The new pier will measure 454' x 5' and will be located to the west of the existing pier. A t- head platform measuring 8' x 12' will be positioned at the waterward end, with two boatlifts measuring 13' x 13' located adjacent the platform. The new pier will be accessed by means of Ted and jewel Ivey RECE Major CAMA Permit Application November 22, 2013 Ir IVED NOV 2 2 2013 Page 2 DCM-MAD CITY two elevated, slatted walkways located on high ground. The walkways will measure 46' x 5' and 38' x 5' as shown on project plans and are necessitated by the relatively high elevation of the high ground portion of the property. The pier will be elevated a minimum of 3' above the substrate as it crosses over the wetlands along the shoreline. The new pier will be utilized by full-size boats (typically 25' or less), with the existing shorter pier used for pedestrian and jet -ski access. Placement of the new pier was determined by the location of normal low water depths of -2' NLW at the point closest to shore, thus limiting as much as possible the new pier length. The length of the proposed pier will exceed the existing pier head line along this shoreline. However, because NLW depths at the end of the proposed pier measure -2', the owners are requesting that the proposed pier be used to establish a new pier head line. This area of Bogue Sound is characterized by shallow water, shoals, and SAVs, while pier length has been controlled by the length of existing piers that typically end in less than -2' NLW. By establishing a longer pier head line, boat traffic through shallow shoal/SAV areas will be avoided at the Ivey site, thus minimizing/reducing impacts to SAVs. As shown on the attached photos (taken while standing on the existing shorter pier located in -1' NLW), adherence to the existing pier head line does not minimize impact to resources. The proposed dock will not encroach into the federal channel setback, as designated by the US Army Corps of Engineers. At its closest point, the waterward end of the dock will be approximately1405' landward of the edge of the federal channel. Since Bogue Sound is about 13,000' wide at this point, the proposed pier length is consistent with the one -quarter width rule. The new and modified piers will also comply with the 15' setback from adjacent riparian corridors. On the east, the existing dock is 71' from the riparian corridor. The proposed dock will be located 36' from the western riparian corridor. The proximity of the proposed dock to the adjacent docking facility is 473' on the west. The existing dock on the east of the property is 237' from the next pier on the east. The project also includes repair or replacement of existing components of the existing dock and platform, as may be needed. Ted and Jewel Ivey Major CAMA Permit Application RECENED November 22, 2013 Page 3 NOV 2 2 2013 r r *r Construction Methods Conventional marine construction methodology will be employed. A barge with pile -driving equipment will be used for construction of the docking facility. The barge will be stored in deep water. The highground walkways will be built using conventional wood framing methods. Ted and Jewel Ivey Major CAMA Permit Application RECEM . November 22, 2013 NOV 2 2 2013 Page 4 DCM MHD MY M! r_ i �' •f rr 4 19 ,y. ,. .; ' . �. ..,• ` � �- r� _ +� -�..�.....��a1 w � t..q f i-:'=' § � q'..__�. � � cv DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Ted & Jewell Ivey County: Carteret LOCATION OF PROJECT: 1803 Hwy 24, along Bogue Sound, in Newport. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12/9/13 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No,-* CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 1/11/14 ADJ. RIP. PROP NOTICES REC'D: Yes r L DEED REC'D: Yes c,, APPLICATION ASSIGNS ' O• t / ON: 7 /3 V13 C) 75 DAY DEADLINE: a 150 - DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE STATE DUE DATE: FED COMMENTS REC'D: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: r YES NO NOTES Coastal Management- Regional Representative Coastal Management - LUP Consistency Determination •9 _ �_ 111 Division of Community Assistance ' b 1 ✓ Land Quality Section Division of Water Quality Storm Water Management(DWQ) V� State Property Once ✓ Division of Archives & History Division of Environmental Health Division of Highways 1,1K- IN Wildlife Resources Commission Local Permit Office IY- 3-3 f Division of Marine Fisheries C _I Corps of Engineers QWS I-1-ILA IV `Project Name Ted d- J ewe Ve Assigned to 40 we I Assigned on ' �1-13 // � Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator Other ( 9C dnW-- -�/ to < —. ey pe&�t� Written approval from ®WQ is/ s no required for this project. 441ATN C—NEWdR North Carolina Department of Environment and Natural Resources Division of Coastal Management" Pat McCrory Braxton C. Davis John E. Skvalia, III Governor Director RECEIVED Secretary '�f,a•12,-L+ JAN 09 2014 ` DCM-VM CITY December 20, 2013 ���62128 93n � MEMORANDUM: ti 9�r 24�3., Xx TO: Vacant ( Maria Dunn) NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ted & Jewell Ivey Project Location: 1803 Hwy 24 along Bogue Sound, in Newport. Proposed Project: Proposes the removal of a four piling boadift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014. If.you have any questions regarding the proposes project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. nn__II I n REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Jv 1 I ' ► r-- DATE I LO t f 400 Commerce Ave., Morehead Ci NC 28557 Phone: 252-808-28081 FAX: 252-247.3330 Internet: www.ncooastalmanagement.net `F An Equal Opportunity 1 Afflr aUve Adon Employer r V ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM or' RECEIVEp TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management JAN 0 9 2014 North Carolina Department of Environment and Natural Resources /1 /..:` DCM-MHD CITY FROM: Maria T. Dunn, Northeast Coastal Region Coordinator j Habitat Conservation Program DATE: January 7, 2014 SUBJECT: CAMA Dredge/Fill Permit Application for Ted and Jewell Ivey, Carteret County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1803 Hwy 24 in Newport, NC adjacent Bogue Sound. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). Ted and Jewell Ivey propose to remove an existing four pile boat lift along the existing pier and replace the previous lift with a single pole jet -ski lift. To accommodate large vessels, the Iveys propose to construct a second pier. The second pier will extend 454' into Bogue Sound, creating slips with water depths approximately -2.5' NLW. The request for the removal of the lift and creation of the new slip area is to achieve water depths deeper than the existing -0.75' depth within the current lift. Bogue Sound in this location is classified SA HWQ by the Environmental Management Commission and is open to shellfish harvesting. The NCWRC has reviewed the permit application and is pleased with the project proposal. The existing water depth of -0.75' within the slip area contributes to chronic sediment disturbance, prop wash, hull scraping, as well as impacts to the submerged aquatic vegetation (SAV) found in the area. Moving to deeper depths and into areas with less SAV minimizes impacts to the aquatic resources of these high quality waters while allowing continued public trust use. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 IBC® NR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis K John E. Skvarla, III Governor Director Secretary December 20, 2013 MEMORANDUM: TO: Jessi Baker 1>l Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ted & Jewell Ivey Project Location: 1803 Hwy 24 along Bogue Sound, in Newport. Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. may. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. �v SIGNED °t/- DATE I 0 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX; 252-247-3330 Internet; www.nccoastalmanagement.net An Equal opportunity 1 Affirmative Actlon Employer b Resources i Ca olipziiDepartment ofEnviron ment and'Natural sbu Divislon,of Coastal Management ... ("VA TI, Pai-McCrory Braxton.c:, Davis- John E. SWr Director Seca Governor iz S71 1jecember ZQ-- 2013. MEMORANDUM:` Rehft.Gledhil-G,Carly, Dep,arimenrofCuluiral Resources M. FROIYIi 'SUBJECT,: ApplicAnt: Major'Pdruits.Processing Coordinator CAMA-1D.REDGE & FILL Peri -6it App��catjdh Review ,� me-111vey 1803 1-1v�),�-24AOng Bogile-So6nd; in'Neftoft,, v/M4 pro r A posed Project; -Proposes flict -removzit of ;a 'four :piling .0aili. I :;k1QD9 the, exist'. the': !reIilad6ji1crit of' single pole -.jet -slit I as, fli; :constrttchon ota sctcoicicrwitv "I W'p litforinaifd�boatliB 'lls,fi[6ng�qgtiei,',bitild4 I jp. Please indicate bebelowyour,agencysw ippsiiioor viex'qoint,orc the .proppsCd Auni thisTornai by '-'ie'sIiohgtg,,itdingthe ,proli6sedproject, please bdntactHdither,Styroii, qt Pernint officer at (252):908-2808. Ext..216. When appropriate; in-depth -comments witil'SLipppiting,da'ta`is. requested. REPLY: :T , his%gency, has.no.lobjection io [lie project as pr9pos6d. Thi s I tag - pe . ybas n- wcoirinientt on:,the proposed"Project., 'I'llis- -agency aptir&ves of the, rOj . Cc . t 1-�oi only " i reebriiin"iefide I changes e -p y If't Ihe': pnges� ar, the This-agencyobjqcts to llie,projed,(IM itefisohs,46spribqatt -tljil "h'khed 6briuri at DAt 'd cpmrngma 4ve, Morehead City, NO 29557 - - 6op , MS44040 :DEC 1: 0, 20i! Pat McCrory Governor December 20, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Mom North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director p!�IF,?[7,7 _ DEC 3 0 2013 Shellfisn Sanitatjc °- eaticnal Water Quality on Patti Fowler Shellfish Sanitation Doug Huggett Major Permits Processing Coordinator .a� CAMA/DREDGE & FILL Permit Application Review Ted & Jewell Ivey 1803 Hwy 24 along Bogue Sound, in Newport. � John E. Skvarla, III Secretary ram__' JAN 0 3 2014 DCM-MHD CITY Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency s position or viewpoint on the proposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. �v This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Q J t,� e �r FO)A,- DATE 1a�31M3 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.ncooastalmanagement.net An Equal 0pWWn41Aflirmative Actlon Employer Pat McCrory Governor December 20, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: A it CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Ted & Jewell Ivey 1803 Hwy 24 along Bogue Sound, in Newport. John E. Skvarla, III RECEIVFa Secretary JAN 0 S 2014 ACM-M 0rly Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. 4 ti. REPLY: This agency has no objection to the project as proposed. -This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED aoe DATE /— 3—/S;-, 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nocoastaimanagement.net An Equal Oppoitunq 1 Afirmalive Action Employer A0,u J t/ CDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management r� Pat McCrory Governor December 20, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Braxton C, Davis Director AECENED AN 6 6 W4 RPM IVI E D ,_v. DEC 232013 Tim Walton DOA State Property Office STATE PROPERTY OFFICE Doug Huggett Major Permits Processing Coordinator <1' CAMA/DREDGE & FILL Permit Application Review Ted & Jewell Ivey 1803 Hwy 24 along Bogue Sound, in Newport. John E. Skvarla, III Secretary Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This a has no objection to the project as proposed. 's agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. L,. This agency objects to the project for reasons described in the attached comments. SIGNED 400 Commero Phone: 252-8( An Equal Opporlu* WfirmaM Adon Em*yer � I 12/23/2013 MON 15:58 FAX a LAMA 0001/001 Pat McCrory Governor December 20, 2013 MEMORANDUM: TO: FROM; SUBJECT: Applicant; Project Location; �a I 1 / ■® ER North Carolina Department of Environment and Natural Resources Divislon of Coastal Management Braxton C, We Director V.i Local Permit Officer Carteret County Doug Huggett Major Permits Processing Coordinator CAMAIDREDGE & FILL Permit Application Review �V Ted & Jewell Ivey 1803 Hwy 24 along Bogue Sound, in Newport. John E. Skvarla, III Secretary DIEC 2 3 2013 Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along 13ogue Sound, lW Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014, If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed, This agency has no comment on the proposed project, This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. �l vF-IuN1 )dN %.V SIGNE17 inn �(R Gt. DATE !'Z- X3-- Z013 4 Comm e A head C try 28667 Pho :1-806-28081 FAX:262-247.3330 Intemet; www.n0000lalmenagementnet An Equal Opporlmdty %AfO MOUVe Acdon EMployer 1,. ?I- RSCMW �i JAN 0 7 2014 NCDENR +� North Carolina Department of Environment and Natural ResourcesDCM- Mcm► Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary �a. December 20, 2013 1UT190181AA I11iUI TO: Dan Sams Division of Energy, Mineral & Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ted & Jewell Ivey +: a Project Location: 1803 Hwy 24 along Bogue Sound, in Newport. DEC 2 7 2013 Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the rep]acement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency's position or viewpoint on the Eryoposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4 This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Thiss agency objects to the project for reasons described in the attached comments. SIGNED DATE DEC' Z31 2-0 13 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affinafive Action Employer RECEM KNEW JAN 0 7 2014 North Carolina Department of Environment and Natural Resources Division of Coastal Management DCM-MHDCffY Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director T Secretary f,. December 20, 2013 DEC MEMORANDUM: ? 17013 TO: Debra Benoy Public Water Supply FROM: SUBJECT: Applicant: Project Location: Doug Huggett Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Ted & Jewell Ivey 1� 1803 Hwy 24 along Bogue Sound, in Newport. Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE tL�° I l3 400 Commerce Ave., Morehead City, NC 28557 Phone: 252.808-2808 \ FAX: 252-247.3330 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Aifirtnallve Action Employer S.keVU Je;�I w' �0 NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM DATE: December 17, 2013 TO: Doug Huggett THRU: Roy Brownlow FROM: Heather M. Styron Natural Resources John E. Skvarla, III Secretary SUBJECT: Comments and Recommendations - CAMA Major Permit —Ted and.Jewell Ivey, 1803 Highway 24, Newport, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: There is currently a 2 slip docking facility along Bogue Sound on the eastern portion of this property. Per the applicant due to the shallow water depths as well as submerged aquatic vegetation they are proposing the removal of the boatlift on the existing pier (replacing with a single pole jet - ski lift), construction of a second longer pier, platform and two additional slips with boatlifts along the western portion of the property along Bogue Sound. There would be a total of four slips along this parcel (two existing and two new). The proposed docking facility (includes pier, boatlifts and platform) would extend a maximum of 462' waterward of the edge of marsh with the outer portion of the boatlifts a maximum of 467'. All portions of the development would be landward 575' of the historical channel. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: The total number of slips shall not exceed a maximum of 4 (2 existing and 2 new). All parts of the docking facility shall be landward of the historical channel and not exceed a maximum distance of 462' from the edge of marsh. The placement of the docking facility shall avoid SAV habitat to the maximum extent possible as shown on plats dated received 12/9/13. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252808-2808 \ FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer MUM North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor December 20, 2013 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Braxton C, Davis Director Linda Lewis Joanne Steenhuis Division of Water Resources Doug Huggett Major Permits Processing Coordinator u JAN 16 2014 DCV-MyDC1TV John E. Skvarla, III Secretary ECEIVE DEC 2 7 2013 CAMA/DREDGE & FILL Permit Application Review Ted & Jewell Ivey 1803 Hwy 24 along Bogue Sound, in Newport. Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Ao This agency objects to the project for reasons described in the attached comments. SIGNE DATE 3 2v( 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-2473330 Internet: www.nocoastaimanagement.net An Equal OpportunRy lffmiallve Adon Employer tiV NCDENR North Carolina Division Tracy E. Davis, PE, GPM Director January 16, 2014 Department of Environment and Natural Resources of Energy, Mineral, and Land Resources Mr. and Mrs. Ted Ivey 229 NC Highway 111 South Goldsboro, NC 27534 Subject: EXEMPTION Stormwater Project No. SW8131220 Ivey Pier Project Carteret County Pat McCrory, Governor John E. Skvarla, III, Secretary RECEtv�j� - - d JAN 21 2014 i Dear Mr. and Mrs. Ivey: r 1gCM-MtitJ Ctrs The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on December 27, 2013. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meefing these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis(a)ncdenr.gov. Sin ely, For Tracy E. avis, P.E., C� Division of Energy, Mineral, and Land Resources GDS/arl: G:IWQIShared1Stormwater\Permits & Projects12013 \131220 Exempfion12014 01 permit 131220 cc: Kathy Vinson; Coastal Planning Services, Inc. Town of Newport Building Inspections Doug Huggett, DCM Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Caroline 28405 Phone: (910) 796-72151 Fax: (910) 350-2004 a.� Pat McCrory Governor December 20, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: INIMA T )4 IMENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director Ken Pace NC DOT, State Construction/Materials Branch Doug Huggett Major Permits Processing Coordinator AECENEA Resources JAN Z 4 2014 •a���et III Y $GV eary � c ' JAN 1 0 2013 NEW BE PIN DI Ji-i- I(__7 OFFICE CAMA/DREDGE & FILL Permit Application Rdview Ted & Jewell Ivey 1803 Hwy 24 along Bogue Sound, in Newport. Proposed Project: Proposes the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single♦gole jet -ski lift, as well as, the construction of a second pier with platform and boatlifts along Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by January 9, 2014. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Vu This agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Ave., Morehead City, NC 28557 Phone: 252.808-28081 FAX: 252.247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity 1 Affirmative Adon Employer DIVISION OF COASTAL MANAGEMENT I RB FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ted and Jewell Ivey JAN 2 4 2014 2. LOCATION OF PROJECT SITE: 1803 Highway 24 along Bogue Sound, in Ne%ftCny Carteret County. Photo Index - 2006: 41-8046 grids G-21-22, H-21-22 2000: 41-517 grids Q-22, R-22 State Plane Coordinates - X: 2634320.71 Y: 362078.21 Longitude: 34°43134.79 Latitude: 76*53119.53 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/10/13 Was Applicant Present — No Photos Taken — Yes 5. PROCESSING PROCEDURE: Application Received: Officially Submitted: 11/22/13 Complete—12/9/13 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan— Carteret County- Certified 12/22/2010 Land Classification from LUP — Limited Transition/Congervation (B) AEC(s) Involved: EW, PTA, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Onsite Septic System Planned - None (F) Type of Structures: Existing — House, driveway, 2-slip docking facility, retaining wall Planned- high ground boardwalk, replacement of existing boatlift on existing pier with a jetski single pole lift, the addition of a two -slip new pier with platform and two new slips with boatlifts along Bogue Sound. (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water ( not over SAV) N/A N/A 96ft2 Shaded 494 ft2 Inc. (B) Coastal Wetlands (low marsh) N/A N/A 75 ft2 Shaded (C) Coastal Wetlands (high marsh) N/A N/A 100 ft2 Shaded (D) High Ground N/A N/A 420 ft2 Shaded (E) Open water (over SAV) N/A N/A 2,270 ft2 Shaded 2,270 ft2 Inc. Field Investigation Report Ted and Jewell Ivey 1803 highway 24 Page 2 of 3 (D) Total Area Disturbed: 3,359 ft2 (E) Primary Nursery Area: No (F) Water Classification: HQW/SA Open: Yes 8. Project Summary: The proposed project is for the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift as well as the construction of a second pier with platform and boatlifts along Bogue Sound. 9. Narrative Description: The Ted and Jewell Ivey project is located at 1803 highway 24 within Newport, Carteret County. The site is found by following highway 24 east past the Gales Creek Bridge. It is approximately 3,503' (.66 miles) east of the gales creek bridge. You will turn south onto the existing driveway which is distinguished by a black rod iron type fence with stone columns. The residential property is 5.9 acres (257,004sf) in its entirety and 9' above nhw. Bogue Sound runs along the south side of the property. The upland vegetation mainly consists of lawn grasses, shrubs, palms and oak trees. There is a 50' x 324'section of coastal wetlands along the 324' of shoreline on Bogue Sound. The waters of Bogue Sound have approximately 2.5'to 3' lunar tidal amplitude. The Division of Water Quality classifies this area as HQW/SA Waters. This area of Bogue Sound is not designated as a Primary Nursery Area and is open to the taking of shellfish. The Carteret County Land Use Plan classifies this area as Limited Transition with Conservation within the AECs. Although the ICW W is located approximately 1,403' from the proposed pier there is a historic channel that is utilized within this area. This channel would be located approximately 580' from all proposed development. Water depths within this project location are-2.5'nlw/mlw with connecting water depths of -3' plus nlw/mlw. The bottom substrate is sand. Bogue Sound is approximately 11,500' wide at this location. 10) Proposed Development: The applicant wishes to remove a four pole boatlift on the existing pier and replace with a single pole jet -ski lift as well as construct a boardwalk and second longer pier on the western portion of the property. There is an existing shorter (210') 2-slip docking facility along the eastern portion of the property; however, due to the shallow water depths and SAV habitat, the applicants are asking for the construction of an additional 454' pier, platform and slips with boatlifts along Bogue Sound for the western side. This area has a smaller span of SAV habitat and deeper water depths. The only change that would occur on the existing eastern docking facility would be the removal of the existing boatlift and replacing it with a 7' x 10' single pole jet -ski lift. Field Investigation Report Ted and Jewell Ivey 1803 highway 24 Page 3 of 3 BEQ11%b JAN 2 4 ?014 Due to the shallow water depths over SAV habitat and the location of the existinj tern . shorter pier, which is located over a sandy shoaled SAV area with water depths < �9CITp the applicant is proposing a second longer (5' x 454' from the edge of marsh) pier along the western portion of the property. In order to achieve the necessary depths to span this shallow SAV habitat, the pier would need to exceed 400' from the edge of marsh. The water depths from 400' to 467' would maintain the required rate of 1' of fall as well as the deeper water depths (>2' nlw) over the SAV habitat. The pier would intersect an 8' x 12' T-head platform with a 13' x 13' boatlift to the east as well as one to the west of the platform. The most waterward portion of the boatlifts would not exceed a maximum distance of 467' from the edge of marsh. All parts of the docking facility would be landward of the historical channel (approximately 575' landward) and a distance of 36' from the western riparian corridor and 71' from the eastern riparian corridor. There would be a total of four slips (2 spaces at the existing pier and 2 new along the new pier). The water depths within the new slip areas for the proposed western dock are -2.5' nlw/mlw with connecting water depths of -3' plus nlw/mlw. There are piers along the shoreline to the east and west of this property that extend farther offshore than this proposal. 11. Anticipated Impacts: The proposed dock would shade and incorporate 2270 ft' of shallow bottom SAV habitat, shade 96 ft' and incorporate 494 ft' of open water (non SAV), shade 100 ft' of high marsh and 75 ft' of low marsh. The development would increase the number of slips to a total of 4 (2 existing and 2 new). The placement of the jet -ski lift within the existing slip area along the existing eastern pier has the potential to reduce impacts due to the smaller size (removal of larger boatlift). The proposed placement of the western new pier, platform and boat lifts would reduce the likelihood of prop scarring and incidental prop dredging of the existing SAV habitat. The deeper water depths (>-2'nlw) within the new pier location and the shorter distance that the applicants would need to traverse in order to reach the deeper water has the potential to help preserve and re-establish the SAV habitat closer inland. The increase in suspended sediment and turbidity levels from the pier placement would be temporary, occur while the pier placement is taking place and should be minimal given the bottom composition. The location of the proposed docking facility should not be a hindrance to navigation due to the fact all portions would be located landward of the historical channel (575') however it is recommended to add reflectors (meeting Coast Guard Standards) for safety due to the proposed length. Name: Heather M. Styron Date: 12/20/13 Office: Morehead City 0 19111111 Major CAMA Permit Application Ted -and Jewel Ivey 1803 Highway 24 Newport, North Carolina November 22, 2013 Prepared by: Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 RECE1yEiP Telephone 252-354-4916 NOV 2 2 2013 DCM-MHDCrrrf Ted and Jewel Ivey Major CAMA Permit Application Modification of Existing Pier/Proposed New Pier Contents Application Documents DCM MP —1 Application DCM MP — 4 Structures Project Narrative Introduction Site Description Project Description Construction Methods Authorized Agent Letter Property Deed Notification to Adjacent Riparian Property Owners Project Plans Sheet 1 of 1 PEcE% JAN 2 4 2014 bQf-AftC1rp NOV 2 2 2013 DCM MHD CITY 1 Dom NP-1 APPLICATION for Major Development Pormat (lest revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A N/A Applicant 1: First Name MI Last Name Jewel H Ivey Applicant 2: First Name MI Last Name Ted E Ivey If additional applicants please attach an additional pages) with names listed. Mailing Address PO Box City State 229 NC Highway 111 South N/A Goldsboro NC ZIP Country Phone No. FAX No. 27534 USA 919 - 778 - 2465 ext, N/A N/A - Street Address (if different from above) - City State ZIP N/A ' Email tivey@suddenlink.net 2. Agent/Contractor Information Business Name Coastal Planning Services, Inc. Agentl Contractor 1: First Name MI Last Name Kathy B Vinson Agent/ Contractor 2: First Name MI Last Name N/A Mailing Address PO Box City State 827 Morehead City NC ZIP Phone No. 1 Phone No. 2 28557 0827 252 - 240 - 9297 ext. N/A 252.354 - 4916 ext. N/A FAX No. Contractor# 252 247 5876 N/A Street Address (if different from above) City State ZIP N/A Email kbvinson@ec.rr.com <Form continues on back> kYECBIVEt9 NOV 2 2 2013 i, t Form DCM MP-1 (Page 2 of 5) %BCEwED APPLICATION for Major Development Permit In 3. Project Location County (can be multiple) Street Address State Rd. # Carteret 1803 Highway 24 CV_ NIA Subdivision Name City Sta a Zip NIA Newport NC 28570 - Phone No. Lot No.(s) (if many, attach additional page with list) NIA - ext. N/A, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. Carteret County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 324 257,004 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NIA, I I NWL (normal water level)' (If many lot sizes, please attach additional page with a list) + g1 ®NHW or ❑NWL e. Vegetation on tract Mature trees, grass, landscape vegetation, coastal wetlands f. Man-made features and uses now on tract Single-family residence, garage, block retaining wall, pier with boat lift and jet ski lift g. Identify and describe the existing land uses a 'ace t to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20 - (Attach zoning compliance certificate, If applicable) Was []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? LJYes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Yes SNo EINA If yes, by whom? N/A I. Is the proposed project located in a National Registered Historic District or does it involve a Yes ONo NA National Register listed or eligible property? <Form continues on next oaoe> M. (1) Are tnere Weaanas on (il) Are there coastal wetlands on the site? (iii) If yes to either (i) or (h) above, has a delineation been conducted? (Attach documentation, if available) ®Yes "No NOV 2 2 2013 A=i0m Form DCM MP-1 (Page 3 of 5) APPLICATION for• Major Development Permit r n, Individual septic system o. Describe existing drinking water supply source. Water service provided by West Carteret Water Corporation p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community ._ b. Give a brief description of purpose, use, and daily operations of the project when complete. The project will provide water/boating access for owners of the property and their guests. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. One barge with pile -driving equipment will be used for construction of dock and will be stored in deep water. Construction of the elevated walkway will employ conventional methods. d. List all development activities you propose. Construction.of a new pier with platform, two boatlifts, and associated highground elevated walkway; replacement of boatlift on existing pier with a jet -ski lift. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 1000 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow run-off to Bogue Sound. 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes,. will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA RECEIVI If yes, attach a mitigation proposal. NOV 2 2 2013 <Form continues on back> 6. Additional Information 7�gg��ppqqcation In addition to this completed application form, (MP-1) the following items below, if applicable, -must be submitted in order for the appliD package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required items below, a. A project narrative. - b. An accurate, dated work plat (including plan view and crass -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. M Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The as application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Lynn Turner Lee Phone No. Address 5864 Sapony Creek Drive, Nashville, NC 27856 Name ElmerT. Sprinkle, III Phone No. JAN 2 4 20/4 Address 243 Deep Bay Drive, Newport, NC 28570 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. CAMA General Permit 22296, issued to Ted and Bob Ivey, 6/23/99 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only thi The project will be subject to the conditions and restrictions contained in the permit. application. 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 November 22 2013 Print Name _Kathy B. Signature U 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 ®DCM MP4 Structures Information y RECEMD NOV 2 2 2013 Form DCM MP-1 (Page 5 of 5) APPLICATION for. Major Development Permit RUCT /ED NOV 2 2 2013 DCU-M mCrry Form DCM MP-4 ftCQVZo STRUCTURES ,IA1J 24 1n14 (Construction within Public Trust Areas) TT `ftC Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the J,pint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public(Government ®Private/Community ❑Yes ONO c. (i) Dock(s) and/or pier(s) (1i) Number one proposed dock Plus one existing dock (iii) Length proposed = 454'. existing = 210' (iv) Width proposed = 5'. existing = 5' (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ONO If yes: (im) Number proposed dock = 1. existing dock = 1 (iii) Length proposed dock = 8' existing dock = 16' (iv) Width proposed dock = 12'. existing dock =14' (v) Floating ❑Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 2 (it) Number of slips existing 2 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25' or less m. (1) Will the facility have tie pilings? ❑Yes ONO (ii) If yes number of tie pilings? N/A d. (1) Are Finger Piers included? ❑Yes ONO If yes: (ii) Number (iii) Length (iv) Width _ (v) Floating ❑Yes ❑No f. (1) Are Boatlifts included? ®Yes ONO If yes: (ii) Number 2 boatlifts and one single -pole iet ski lift are proposed plus one existing sinale-pole met ski lift (iii) Length 13' (Iv) Width 13' In. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 4 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open runabout NOV 2 2 2013 I. (1) Will the facility be open to the general public? DC.kgCt, r [_]Yes ONo 2. DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable Form DCM MP-4 (Structures, Page 2 of 4) 11 a. Check each of the following sanitary facilities that will be included in the proposed project. r ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. None c. Describe the disposal of solid waste, fish offal and trash. Waste receptacles located on high ground d. How will overboard discharge of sewage from boats be controlled? None e. Q) Give the location and number of "No Sewage Discharge" signs proposed. None (h) Give the location and number of "Pumpout Available" signs proposed. None f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed of? None h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. None j. What will be the marina policy on overnight and live -aboard dockage? None k. Describe design measures. that promote boat basin flushing? None I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEMD Not an existing marina : a` n NOV 2 2 2013 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DCM-MHDCiM ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW existing = 81 sf shaded. proposed = 90 sf shaded ®SAV existing = 1520 sf shaded. pr000sed = 2365 sf shaded ❑SB ❑WL ❑None Form DPM MP-4 (Structures, Page 3 of 4) I p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ®No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. N/A 3. BOATHOUSE (including covered lifts) ®This section not appli6a5le a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheeipile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. 11 (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 71' to east, 36' to west Note: For buoy or mooring piling, use am of swing including length ofvessel. c. Width of water body +/- 13,000' e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) if yes, explain what type and how they will be implemented. N/A d. Description of buoy (color, inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. 237' to east, 473' to west d. Water depth at waterward end of structure at NLW or �LF - 2' NLW at Proposed dock ""C NOV 2 2 2013 DM-mmcrm 8. OTHER 0This section not applicable Form (ACM MP-4 (Structures, Swage 4 of 4) t a. Give complete description: Due to the relatively high elevation of the parcel, an elevated slatted walkway will provide pedestrian access from the highground onto the proposed pier. The walkway is shown on project plans and will be in two sections measuring 46' x 5' and 38' x 5'. November'22, 2013 Date Project Name Jewel and Ted Ivey Applicant Name Ap icant Sign4thre� , �ECEtiiEID NOV 2 2 2013 DcrVJ-,M z CrjY Ted and Jewel Ivey RED a Carteret County Project Narrative JAIV 24 a 2014 Introduction b0f M11bClry Ted and Jewel Ivey are the owners of a single-family residential parcel located at 1803 Highway 24 in Carteret County adjacent Bogue Sound. The project site includes an existing pier with one boat lift and one single -pole jet -ski lift. Mr. and Mrs. Ivey propose to replace the existing boat lift with a single -pole jet -ski lift and construct a second pier with associated highground walkway, platform, and two boat lifts. Site Description The Ivey property consists of 5.9 acres. It fronts both Bogue Sound and Highway 24 and is zoned by Carteret County for residential use. An existing residence and detached garage are being renovated. The project site is accessible from a driveway that runs from Highway 24 to the house at the waterward end of the parcel. The portion of the parcel adjacent Highway 24 is wooded, with the area immediately surrounding the house containing landscape vegetation and grass. A number of mature trees are located along the waterfront and elsewhere on the property. A fringe of coastal wetlands ranging in width from about 15' to 25' is found along the shoreline of the property. An existing block retaining wall is located along a portion of the waterfront and landward of a grassy lawn area and the fringe of coastal wetlands. The shoreline along Normal High Water (NHW) measures 324'. The existing pier is located on the east side of the property. It is 210' in length, measured from the waterward edge of marsh, and is 5' in width. The docking facility contains a roofed platform measuring 16' x 14' at the waterward end, with steps into the water to access an existing boat lift located on the eastern side. A single -pole jet -ski lift is located at the western end of the platform. The existing pier length is consistent with the pier head line along this shoreline, as shown on aerial photographs. Normal Low Water (NLW) depths at the waterward end of the existing pier measure less than -1.0'. Submerged aquatic vegetation (SAV) is observed in the area adjacent Ted and Jewel Ivey Major CAMA Permit Application RECEIVED November 22, 2013 NOV 2 2 2013 Page 1 and waterward of the pier, with a sandbar visible, approximately 80' to 100' waterward of the existing pier. Photographs taken from the existing pier clearly show scrape marks through SAV's caused by boats attempting to navigate the shallow water in the pier head vicinity. An historic channel used by local residents to access deep water is visible on aerial photos of the area. The location and orientation of the historic channel were used to determine the riparian corridor for the Ivey project site and adjacent properties. The Intracoastal Waterway is located approximately 835' beyond the edge of the deep water historic channel. The highground topography is relatively flat, with an approximate elevation of + 9' NHW that slopes to the water at the shoreline. The waters of Bogue Sound at the project site are classified as SA HQW by the Environmental Management Commission and are open to the harvesting of shellfish. Bogue Sound is approximately 13,000 feet wide at the project site. There are no shellfish leases adjacent to or within close proximity of the project. Several large single-family residential parcels are located to the west along Bogue Sound. Deep Bay, a single-family residential subdivision, is located immediately to the east of the Ivey property. Elmer Sprinkle is the adjacent riparian property owner to the east. Lynn Turner Lee is the adjacent riparian property owner to the west. Project Description The owners propose to modify the existing pier located on the eastern portion of the property. They also propose to build a new pier with highground elevated walkways, platform, and two boat lifts to the west of the existing pier. The existing pier currently includes one boat lift and one single -pole jet -ski lift. The owners propose to replace the existing boat lift with another single -pole jet -ski lift. They plan to utilize the existing dock as a pedestrian pier and for dockage of jet -skis, thus lessening the impact to resources from boat traffic. They propose to relocate their full-size boat to the new, longer dock with boat slips located in deeper water (minimum of -2' NLW) than found at the existing dock. The new pier will measure 454' x 5' and will be located to the west of the existing pier. A t- head platform measuring 8' x 12' will be positioned at the waterward end, with two boatlifts measuring 13' x 13' located adjacent the platform. The new pier will be accessed by means of Ted and jewel IveyGETVEIA Major CAMA Permit Application November 22, 2013 NOV 2 2 2013 Page 2 two elevated, slatted walkways located on high ground. The walkways will measure 46' z � ajg* 38' x 5' as shown on project plans and are necessitated by the relatively high elevation of the 7�p� high ground portion of the property. The pier will be elevated a minimum of 3' above te�.Nt,7jr.�t_ substrate as it crosses over the wetlands along the shoreline. The new pier will be utilized by full-size boats (typically 25' or less), with the existing shorter pier used for pedestrian and jet -ski access. Placement of the new pier was determined by the location of normal low water depths of -2' NLW at the point closest to shore, thus limiting as much as possible the new pier length. The length of the proposed pier will exceed the existing pier head line along this shoreline. However, because NLW depths at the end of the proposed pier measure -2', the owners are requesting that the proposed pier be used to establish a new pier head line. This area of Bogue Sound is characterized by shallow water, shoals, and SAVs, while pier length has been controlled by the length of existing piers that typically end in less than -2' NLW. By establishing a longer pier head line, boat traffic through shallow shoal/SAV areas will be avoided at the Ivey site, thus minimizing/reducing impacts to SAVs. As shown on the attached photos (taken while standing on the existing shorter pier located in -1' NLW), adherence to the existing pier head line does not minimize impact to resources. The proposed dock will not encroach into the federal channel setback, as designated by the US Army Corps of Engineers. At its closest point, the waterward end of the dock will be approximately1405' landward of the edge of the federal channel. Since Bogue Sound is about 13,000' wide at this point, the proposed pier length is consistent with the one -quarter width rule. The new and modified piers will also comply with the 15' setback from adjacent riparian corridors. On the east, the existing dock is 71' from the riparian corridor. The proposed dock will be located 36' from the western riparian corridor. The proximity of the proposed dock to the adjacent docking facility is 473' on the west. The existing dock on the east of the property is 237' from the next pier on the east. The project also includes repair or replacement of existing components of the existing dock and platform, as may be needed. Ted and jewel Ivey Major CAMA Permit Application November 22, 2013 RECEIV&P Page 3 NOV 2 2 2013 DCMMHDCITY' Construction Methods Conventional marine construction methodology will be employed. A barge with pile -driving equipment will be used for construction of the docking facility. The barge will be stored in deep water. The highground walkways will be built using conventional wood framing methods. r Ted and Jewel Ivey Major CAMA Permit Application RECEIVED November 22, 2013 fit; Page 4 NOV 2 2 2013 z y DCM-MBD WY RECEIVED NOV 22 2013 I �W' r i RECEIVED NOV 22 2013 �c r- MY r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ted and Jewell Ivey 2. LOCATION OF PROJECT SITE: 1803 Highway 24 along Bogue Sound, in Newport, Carteret County. Photo Index - 2006: 41-8046 grids G-21-22, H-21-22 2000: 41-517 grids Q-22, R-22 State Plane Coordinates - X: 2634320.71 Y: 362078.21 Longitude: 34°43134.79 Latitude: 76'53'19.53 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/10/13 Was Applicant Present — No Photos Taken — Yes 5. PROCESSING PROCEDURE: Application Received: Officially Submitted: 11/22/13 Complete—12/9/13 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County- Certified 12/22/2010 Land Classification from LUP-'Limited Tr ansition/Conservation (B) AEC(s) Involved: EW, PTA, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Onsite Septic System Planned - None (F) Type of Structures: Existing — House, driveway, 2-slip docking facility, retaining wall Planned- high ground boardwalk, replacement of existing boatlift on existing pier with a jetski single pole lift, the addition of a two -slip new pier with platform and two new slips with boatlifts along Bogue Sound. (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Open Water ( not over SAV) N/A N/A 96ft2 Shaded 494 ft2 Inc. (B) Coastal Wetlands (low marsh) N/A N/A 75 ft2 Shaded (C) Coastal Wetlands (high marsh) N/A N/A 100 ft2 Shaded (D) High Ground N/A N/A 420 ft2 Shaded (E) Open water (over SAV) N/A N/A 2,270 ft2 Shaded 2,270 ft2Inc. r Field Investigation Report Ted and Jewell Ivey 1803 highway 24 Page 2 of 3 (D) Total Area Disturbed: 3,359 ftz (E) Primary Nursery Area: No (F) Water Classification: HQW/SA Open: Yes 8. Proiect Summary: The proposed project is for the removal of a four piling boatlift along the existing pier, the replacement of the removed lift with a single pole jet -ski lift as well as the construction of a second pier with platform and boatlifts along Bogue Sound. 9. Narrative Description: The Ted and Jewell Ivey project is located at 1803 highway 24 within Newport, Carteret County. The site is found by following highway 24 east past the Gales Creek Bridge. It is approximately 3,503' (.66 miles) east of the gales creek bridge. You will turn south onto the existing driveway which is distinguished by a black rod iron type fence with stone columns. The residential property is 5.9 acres (257,004sf) in its entirety and 9' above nhw. Bogue Sound runs along the south side of the property. The upland vegetation mainly consists of lawn grasses, shrubs, palms and oak trees. There is a 50' x 324'section of coastal wetlands along the 324' of shoreline on Bogue Sound. The waters of Bogue Sound have approximately 2.5'to 3' lunar tidal amplitude. The Division of Water Quality classifies this area as HQW/SA Waters. This area of Bogue Sound is not designated as a Primary Nursery Area and is open to the taking of shellfish. The Carteret County Land Use Plan classifies this area as Limited Transition with Conservation within the AECs. Although the ICW W is located approximately 1,403' from the proposed pier there is a historic channel that is utilized within this area. This channel would be located approximately 580' from all proposed development. Water depths within this project location are-2.5'nlw/mlw with connecting water depths of -3' plus nlw/mlw. The bottom substrate is sand. Bogue Sound is approximately 11,500' wide at this location. 10) Proposed Development: The applicant wishes to remove a four pole boatlift on the existing pier and replace with a single pole jet -ski lift as well as construct a boardwalk and second longer pier on the western portion of the property. There is an existing shorter (210') 2-slip docking facility along the eastern portion of the property; however, due to the shallow water depths and SAV habitat, the applicants are asking for the construction of an additional 454' pier, platform and slips with boatlifts along Bogue Sound for the western side. This area has a smaller span of SAV habitat and deeper water depths. The only change that would occur on the existing eastern docking facility would be the removal of the existing boatlift and replacing it with a 7' x 10' single pole jet -ski lift. Field Investigation Report Ted and Jewell Ivey 1803 highway 24 Page 3 of 3 Due to the shallow water depths over SAV habitat and the location of the existing eastern shorter pier, which is located over a sandy shoaled SAV area with water depths < 1' nlw, the applicant is proposing a second longer (5' x 454' from the edge of marsh) pier along the western portion of the property. In order to achieve the necessary depths to span this shallow SAV habitat, the pier would need to exceed 400' from the edge of marsh. The water depths from 400' to 467' would maintain the required rate of P of fall as well as the deeper water depths (>2' nlw) over the SAV habitat. The pier would intersect an 8' x 12' T-head platform with a 13' x 13' boatlift to the east as well as one to the west of the platform. The most waterward portion of the boatlifts would not exceed a maximum distance of 467' from the edge of marsh. All parts of the docking facility would be landward of the historical channel (approximately 575' landward) and a distance of 36' from the western riparian corridor and 71' from the eastern riparian corridor. There would be a total of four slips (2 spaces at the existing pier and 2 new along the new pier). The water depths within the new slip areas for the proposed western dock are -2.5' nlw/mlw with connecting water depths of -3' plus nlw/mlw. There are piers along the shoreline to the east and west of this property that extend farther offshore than this proposal. 11. Anticipated Impacts: The proposed dock would shade and incorporate 2270 ft2 of shallow bottom SAV habitat, shade 96 ft2 and incorporate 494 ftz of open water (non SAV), shade 100 ft2 of high marsh and 75 ft2 of low marsh. The development would increase the number of slips to a total of 4 (2 existing and 2 new). The placement of the jet -ski lift within the existing slip area along the existing eastern pier has the potential to reduce impacts due to the smaller size (removal of larger boatlift). The proposed placement of the western new pier, platform and boat lifts would reduce the likelihood of prop scarring and incidental prop dredging of the existing SAV habitat. The deeper water depths (>-2'nlw) within the new pier location and the shorter distance that the applicants would need to traverse in order to reach the deeper water has the potential to help preserve and re-establish the SAV habitat closer inland. The increase in suspended sediment and turbidity levels from the pier placement would be temporary, occur while the pier placement is taking place and should be minimal given the bottom composition. The location of the proposed docking facility should not be a hindrance to navigation due to the fact all portions would be located landward of the historical channel (575') however it is recommended to add reflectors (meeting Coast Guard Standards) for safety due to the proposed length. Name: Heather M. Styron Date: 12/20/13 Office: Morehead City Howell, Jonathan From: Styron, Heather M. Sent: Tuesday, January 14, 2014 8:51 AM To: Howell, Jonathan Subject: FW: Ted and Jewell Ivey (UNCLASSIFIED) -----Original Message ----- From: Smith, Ronnie D SAW [mailto:Ronnie.D.Smith@usace.army.mil] Sent: Tuesday, January 14, 2014 8:40 AM To: Styron, Heather M. Subject: Ted and Jewell Ivey (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Heather, Heather, this project will be processed under a GP 291. If there are no issues with SAV, I can verify this project under GP 56. Sorry for the delay with this one. The only issue that I anticipate is with the SAV/EFH, so I will see if Fritz can get his comments to me quickly. The Action ID for this project is SAW-2014-00098. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smithOausace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://per2.nwp.usace.army.mil/survey.html <http://pert.nwp.usace.army.mil/survey.html> ? Thank you for taking the time to visit this site and complete the survey. ,I'' Classification: UNCLASSIFIED Caveats: NONE 1 III LPWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ted & Jewell Ivey 229 NC Highway 111 South Goldsboro, NC 27534 Division of Water Resources Water Quality Programs Thomas A. Reeder Director February 18, 2014 Subject Property: 1803 Highway 24, Newport NO WRITTEN CONCURRENCE NEEDED Dear Mr. & Mrs. Ivey: John E. Skvarla, III Secretary Carteret County DWQ Project #: 2014 0008 You have our approval, in accordance with the attached conditions; to remove a four piling boatlift along the existing pier, replace it with a single -pole jet -ski lift and construct a second pier with a platform and 2 boatlifts/slips, as described in your CAMA application dated December 20, 2013, received by the Division of Water Resources (DWR) on December 27, 2013. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as the conditions of the General Water Quality Certification Number 3883 (GC3883) are met. This Certification allows you to use the Regional General Permit # 198700056 when issued by the US Army Corps of Engineers and your permit when issued by the Division of Coastal Management. This approval is only valid for the purpose and design that is described in your application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding General Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1tECg1VEA A I FEB 2 4 2014 Nilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 DCM.MHDCITY phone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 ntemet: www.ncwaterqua]Ky.org 1n Equal Opportunity \ Alfinnafive Action Employer C Ted &Jewell Ivey DWR Project # 2014 0008 February 18, 2014 Page 2 of 3 Conditions of Certification: 1) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. 2) SAVs Please note that the area surrounding the proposed pier contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the installation of the piles in the project area. 3) Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the enclosed certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 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 (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. t- Ted & Jewell Ivey DWR Project # 2014 0008 February 18, 2014 Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act described in 15A NCAC 0500. Please contact me at 910.796.7306 or via e-mail at Joanne.Steenhuis@ncdenr.gov if you have any questions or concerns. Enclosures GC 3883 Certification of Completion ;oanne Steenhuis Senior Environmental Specialist cc: Kathy Vinson — Coastal Planning Services, Inc. — electronic copy Jennifer Burdette - DWQ 401 Oversight Unit Heather Styron — DCM Morehead City Ronnie Smith - Corps of Engineers Wilmington Jonathan Howell - DCM Morehead City WiRO 1tECENED FEB 2 4 2014 DCMMHDCITy too NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary MEMORANDUM To: Daniel Govoni, Assistant Major Permits Processing Coordinator From: Maureen Meehan, DCM Morehead City District Planner Date: February 4, 2014 Subject: Major Permit Application requested by Ted and Jewell Ivey, to remove an existing boat lift and construct a single pole jet -ski lift and second pier with platform and boat lifts adjacent to Bogue Sound, Newport, Carteret County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & not in Conflict with the 2009 Carteret County Land Use Plan certified by the CRC on December 22, 2010. Overview: Areas of Environmental Concern (AECs) impacted by the proposal include Public Trust Area, Coastal Wetlands, and Estuarine Water. The waters at the project site are classified as HQW SA and are open to the harvesting of shellfish. The area is not a primary nursery area. The Carteret County Land Classification Map designates the subject property as Limited Transition and it's AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "Carteret County will only allow development activities in estuarine and public trust waters that are associated with water -dependent uses, consisted with state and federal standards, and meet all local policies in this plan. (Policy 2.4 (L), pg. 71) 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanaoement.net An Equal Opportunity 1 Affirmative Action Employer Nne orthCarolina Naturally Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil] Sent: Monday, March 03, 2014 2:31 PM To: Howell, Jonathan; Steenhuis, Joanne Subject: Tied and Jewell Ivey (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE This project will be authorized as a GP 291 since the activity involves SAV impacts. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith(@usace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://regulatory.usacesurvey.com/. Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE 1 Howell, Jonathan From: Fritz Rohde - NOAA Federal [fritz.rohde@noaa.gov] Sent: Friday, February 14, 2014 3:49 PM To: Smith, Ronnie D SAW, Howell, Jonathan Cc: Pace Wilber - NOAA Federal Subject: Ted and Jewell Ivey Gentlemen: After discussion with Jessi Baker, I have reconsidered my recommendations. I recommend that the decking boards on the dock be 6.5 feet above any substrate with SAV, the width to be 4.5 feet and the span between the pilings continue to be 10 feet. Fritz I Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil] Sent: Wednesday, February 05, 2014 7:22 AM To: Howell, Jonathan Subject: RE: Ted and Jewell Ivey (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Not yet. I am waiting on comments from NMFS regarding SAV. I will see if he can make comments. -----Original Message ----- From: Howell, Jonathan (mailto:jonathan.howell@ncdenr.gov] Sent: Tuesday, February 04, 2014 4:24 PM To: Smith, Ronnie D SAW Subject: [EXTERNAL] RE: Ted and Jewell Ivey (UNCLASSIFIED) Hey Ronnie, did this one ever get issued? Thanks. Jonathan -----Original Message ----- From: Smith, Ronnie D SAW [mailto:Ronnie.D.Smith@usace.army.mil] Sent: Tuesday, January 14, 2014 8:40 AM To: Styron, Heather M. Subject: Ted and Jewell Ivey (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Heather, Heather, this project will be processed under a GP 291. If there are no issues with SAV, I can verify this project under GP 56. Sorry for the delay with this one. The only issue that I anticipate is with the SAV/EFH, so I will see if Fritz can get his comments to me quickly. The Action ID for this project is SAW-2014-00098. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smithOusace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://pert.nwp.usace.army.mil/survey.html <http://pert.nwp.usace.army.mil/surveV.html> 1 9 Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE 2 �j 4c UNITED STATES DEPARTMENT OF COMMERCE !� National Oceanic and Atmospheric Administration \'�..i ,�T NATIONAL MARINE FISHERIES SERVICE +n,o Southeast Regional Office 263 130'Avenue South St. Petersburg, Florida 33701-5505 (727) 824-5317; FAX (727) 824-5300 http://sero.nmfs.noaa.gov/ February 5, 2014 F/SER4: FR/pw (Sent via electronic mail) Colonel Steven A. Baker, Commander US Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Ronnie Smith Dear Colonel Baker: NOAA's National Marine Fisheries Service (NMFS) reviewed Public Notice Action ID No. SAW-2014- 00098 dated January 14, 2014. 14v9opropose to replace a boat lift with a single pole jet ski lift and construct a second pier and platform with two boatlifts in Bogue Sound at 1803 Highway 24 between Hibbs Road and Jesses Way, in Newport, Carteret County. The Wilmington District's initial determination is the proposed project may adversely impact essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), Mid -Atlantic Fishery Management Council (MAFMC), or NMFS; the District indicates their determination is based on the construction of the pier will result in the shading of 2,270 square feet of shallow -bottom Submerged Aquatic Vegetation (SAV) habitat. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the following comments and recommendations are provided pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson - Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The applicants propose to remove a four pole boatlift on the existing pier and replace it with a single pole jet -ski lift as well as construct a boardwalk and second longer pier on the western portion of the property. The existing pier is shorter (210 feet) but due to the shallow water depths and SAV habitat, the applicants propose to construct an 454 feet pier, platform, and slips which would span a smaller amount of SAV habitat and get to deeper water depths. Impacts to Essential Fish Habitat The project would shade and incorporate 2,270 square feet of shallow -bottom SAV habitat, shade 96 square feet and incorporate 494 square feet of open water, shade 100 square feet of high marsh, and 75 square feet of low marsh. SAFMC identifies salt marsh, shallow sub -tidal bottom, and SAV in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp. SAFMC also identifies SAV as a habitat area of particular concern (HAPC) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. Detailed information on the EFH requirements of species managed by SAFMC is provided in a comprehensive amendment to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. The MAFMC designates tidal creeks and the estuarine waters as EFH for summer flounder and bluefish. Detailed information about the EFH requirements of species managed by MAFMC are included in separate amendments to individual fishery management plans. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, blue crab, and eastern oyster. A number of these species serve as prey for fish that are managed by SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by NMFS (e.g., billfishes and sharks). The waters at site of the proposed pier are not designated as a Primary Nursery Area (PNA); however, this area provides nursery services. The high value of the waters at the site of the posed pier is supported by the water classification, which is SA-HQW, which is intended to protect waters rated excellent based on biological, physical, and chemical characteristics through NC Division of Water Resources monitoring or special studies NMFS finds the project, as proposed, does not reflect all practicable avoidance and minimization of impacts to EFH. Shading of SAV habitat should be reduced by decreasing the width of the walkway to 4 feet and having the elevation of the walkway at +5 feet Normal High Water or higher. These dimensions are supported by a U.S. Army Corps of Engineers study in Florida that NMFS believes is applicable to the Jewell's proposaP. Other beset management practices for the pier would be spacing the pilings at least 10 feet apart; driving the pilings into the sediment rather than jetting; and require the deck boards to have a spacing of at least one-half of an inch. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH conservation recommendations when an activity is expected to adversely impact EFH. Based on this requirement, NMFS provides the following: EFH Conservation Recommendations The width of the pier shall be reduced to 4 feet and the elevation of the pier shall be at least +5 feet Normal High Water. The pilings supporting the walkway shall be at least 10 feet apart and driven into the sediment rather thanjetting. The spacing of the deckboards shall be at least one-half of an inch. Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR 600.920(k) requires your office to provide a written response to our EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with our "findings" with your Regulatory Functions Branch, an interim response should be provided to NMFS. A detailed response must then be provided prior to final approval of the action. Your detailed response must include a description of measures proposed by your agency to avoid, mitigate, or offset the adverse impacts of the activity. If your response is inconsistent with our EFH conservation recommendations, you must provide a substantive discussion justifying the reasons for not following the recommendation. The detailed response should be received by NMFS at least ten days prior to final approval of the action. 1 Available at www.safmc.net/ecosystemMome/EcosystemHome/tabid/43&Defaultaspx 2 Shafer, D., J. Karazsia, L. Carrubba, and C. Martin. 2008. Evaluation of Regulatory Guidelines to Minimize Impacts to Seagrasses from Single-family Residential Dock Structures in Florida and Puerto Rico. U.S. Army Engineer Research and Development Center, Vicksburg MS, ERDC/EL TR-08-41. 46 pages -2- Thank you for the opportunity to provide these comments. Related questions or comments should be directed to the attention of Mr. Fritz Rohde at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722 or at (252) 838-0828. cc: COE, Ronnie.D.Smith@usace.anny.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncmail.net NCDENR Jessi.Baker@ncdenr.gov EPA, Fox.Rebecca@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov F/SER47, Fritz Rohde@noaa.gov / for Sincerely, Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division -3- DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTTON OF: March 18, 2014 Regulatory Division Action ID No. SAW-2014-00098 and State Permit No. 20-14 Mr. Ted Ivey Ms. Jewell Ivey 229 NC Highway I I I South Goldsboro, North Carolina 27534 Dear Mr. and Ms. Ivey: Reference your application for a Department of the Army permit to replace a boatlift with a single pole jet -ski lift and the construction of a pier and platform with 2 boatlifts at 1803 Highway 24, between Jesse Way and Hibbs Road, 176 Dolphin Lane, in Newport, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, the approved plan and the attached special condition. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2015. r.. RECEIVED MAR 20 7P'4 DCM-MHD CITY -2- Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office, Regulatory Branch, telephone 910-251-4829. S' ly, Ronnie D. Smith Regulatory Project Manager Enclosures: CAMA permit GP 291 conditions Special conditions Copy Furnished (with enclosures): Ms. Kathy Vinson Coastal Planning Services, Inc. Post Office Box 827 Morehead City, North Carolina 28557 Copies Furnished (without enclosures): Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Doug Hugg" Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 -3- Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3/Mr. Joseph M. Edge United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 RECENED MAR 20 7eta DCM-mmCITY NCDENR North Carolina Department of Environment and Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director March 10, 2014 P.AM A PERMIT Ted and Jewell Ivey 229 NC Highway 111 South Goldsboro, NC 27534 Natural Resources John E. Skvarla, III Secretary DWR Project # 2014 0008 Carteret County Subject Property: 1803 Highway 24, Newport Reissue of Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. & Mrs. Ivey: This Certification supersedes the Certification issued on February 18, 2014. You have our approval, in accordance with the attached conditions and those listed below to remove a four piling boatlift along the existing pier, replace it with a single -pole jet ski -ski lift and construct a second pier with a platform and 2 boatlifts/slips, as described in your CAMA application dated December 20, 2013, and received by the Division of Water Resources (Division) on December 27, 2013. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No. 198000291 permit when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or LAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this General Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This Nilmington Regional Office RBCMED 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 'hone: 910-796-72151 FAX: 910-350-20041 DENR Assistance: 1-877-623-6748 ntemet www.ncwaterquality.org MAR 14 ?r''n to Equal Opportunity 1 Affirmative Action Employer Dcm-mD rrry Ted and Jewell Ivey March 10, 2014 DWR Project # 20140008 Page 2 of 5 approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Open Waters/Shallow Bottom N/A See partial drawing attached Coastal wetlands N/A 404/401 wetlands N/A Buffers N/A 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions Ted and Jewell Ivey March 10, 2014 DWR Project # 20140008 Page 3 of 5 are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 6. SAVs Please note that the area surrounding the proposed pier contains submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification. 7. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. rMRECEriED AR 14 2014 DCM-MHD C]TY Ted and Jewell Ivey March 10, 2014 DWR Project # 20140008 Page 4 of 5 Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, Fed Ex, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the DWR Wilmington Regional Office at 910.796.7306. Sincerely, �V Jim \Jegson Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 3900 Certificate of Completion Ted and Jewell Ivey March 10, 2014 DW R Project # 20140008 Page 5 of 5 cc: Kathy Vinson- Coastal Planning Services, Inc. — electronic copy Ronnie Smith - USACE Wilmington Regulatory Field Office Jennifer Burdette — Wetlands and Buffer Unit Jonathan Howell - DCM Morehead City Heather Styron — DCM Morehead City WiRO rMRECEIVED AR 14 2014 DCM•MHD CITY Ian R T. PG.109 ETAL 187 Coastal Wetland Landward Extent ExistingC \Dwelling N/F LYNN TURNER LEE DB.976, PG.377 \1 Submerged Aquatic Vegetation t Extent per Surveyor -1.27 x Progress Drawing For DCM Reviei NOT FOR CONSTRUCTION Aultiple Approvals & Permits Requi .43 x-2.14 -1.79x -2.12 x/ x-2.( 2.15 Two' roposed 13' )( 13' Boat - Lifts (size per project contractor) x-2.20 a� x-2.30� ' -2.tOx x-1�50 x-2.41 x-1:99 x,A-49 O -1.86 x -0.55 VNOTE: -2.25 NLW/MLW Interpolated Depth at End of Platform -1.58 NLW/MLW Interpolated Depth 400ft from Waterward Edge of Marsh rn UCE►NED AR 14 2014 CM-MHDerrY RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary March 6, 2014 Ted & Jewell Ivey 229 NC Hwy 111 South Goldsboro, N.C. 27534 %4- Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. row If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and fiTd re maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. pjtly�p�/'�. Sincerely, W_ Douglas V. Huggett Major Permits and Consistency Manager Enclosure a: 400 Commerce Ave., Morehead City, NC 28557 Phone: 252.808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal OpportunIV Uffmiaiive Action Employer aw DCM Coordinator: Permit #: 9-0 -i MM LIING DISTRIBUTION SHEET Permitee: Agents: DCM Field Offices Eli City / 5 (with revised work plan drawings) � Washington US ACOE Offices: Washington: Raleigh Bland Wilmington: nme Smith Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: Wilmington: Wildlife Resources: LPO: tl Renee Gledhill -Early or ( unental.review@ncdcr.gov Joey White (WARD) en Pace atti Fowler i Walton John Hennessy (NC DOT) Anthony Scarborough v Chad Coburn - 401 Linda Lewis - Stormwater aria Dunn (WARD) Fax Distribution: Permitee Agent #:_ COASTAL PLANNING SERVICES, INC. Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 18557 Fax 252.247.5875 November 22, 2013 Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Major Permit Application Ted and Jewel Ivey 1803 Highway 24 Newport, North Carolina Dear Heather: Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of Ted and Jewel Ivey for improvements to their property located at 1803 Highway 24, Newport, North Carolina. Mr. and Mrs. Ivey propose to construct a two -slip dock with associated platform, boat lifts, and elevated highground walkway. They also propose to replace a boat lift at an existing dock with a jet -ski lift. Mr. Ivey's check # 10554 in the amount of $250.00 for the permit application fee is also enclosed. The adjacent riparian neighbors have been notified of the project plans by certified mail. Green card return receipts will be submitted to you as soon as they are returned by the Post Office. I will provide the additional required large -format copies once your review is complete. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. I look forward to working with you on this project. Sincerely, Kathy Rd, AICP RECEIVED Enclosures NOV 2 2 2013 DCM-MHD CITY ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (02/15/2010) Applicant: Ted and Jewell Ivey Date: 12/16/13 Project Site County Carteret Staff: HMS District: ❑Elizabeth City []Washington ®Morehead City ❑Wilmington Project Name: Ivey Rover File Date application officially submitted in field office: 11/22/13 Date application "received as complete" in the Field office (EX: 1/8/2007): 12/9113 Permit Authorization: MCAMA ❑Dredge & Fill ❑Both SITE DESCRIPTIONIPERMIT INFORMATION PNA: ❑Yes MNo Photos Taken: Yes M No❑ Setback Required (riparian): ❑Yes MNo Critical Habitat: [-]Yes MNo ❑Not Sure 15 foot waiver obtained: ❑Yes ENo Hazard Notification Returned: [-]Yes MNo SAV: MYes ❑No ❑Not Sure Shell Bottom: ❑Yes MNo ❑ Not Sure Temporary Impacts: MYes []No Sandbags: ❑Yes MNo ❑ Not Sure Did the land use classification come from county LUP: ❑Yes MNo Mitigation Required (optional): ❑Yes MNo Moratorium Conditions: ❑Yes ❑No MNA Environmental Assessment Done: [-]Yes MNo ❑NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) M High Quality Waters (HQW) ❑ Outstanding Resource Waters (OR" WETLANDSIMPACTED M (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) E (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.) E (JR) Black needlerush (Juncus M (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 - E II. Public or commercial/no dredge $100 and/or fill - $400 E 1. 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 08 ;v€ 4R r Vic"Division of Coastal Mgt. Application COMpUtcr ShOet, Page 2 of 4) DWQ agreement - $400 revised 02/15/10 Applicant: Ted and Jewell Ivey Date: 12/16/13 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 1 New Work E Replace pier Maint E] ❑ Y ON 454' 5' Platform 1 New Work E Replace 12' 8' Maint ❑ ❑ Y ON Slip addition 2 New Work E Replace 2 2 Maint ❑ ❑ Y ON boatlift 2 New Work E Replace 13' 13' Maint E] El ElN Single pole lift 1 New Work E Replace 10' 7' Maint E] [IY [:1N boardwalk 1 New Work ❑ Replace 46' 5' Maint ❑ ❑ Y ❑ N boardwalk 1 New Work E Replace 38' 5' - Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [-IN • New Work E Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N revised 02/15/10 — NCVivision of Coastal Mgt. Application Computer Sheet, Page 3 of 4;_ Applicant: Ted and Jewell Ivey Date: 12/16/13 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount High Ground Dredge ❑ Fill ❑ Both ❑ Other ® 420 420 Low marsh f 10 Dredge ❑ Fill ❑ Both ❑ Other ® High marsh Dredge ❑ Fill ❑ Both ❑ Other ® 100 100 d Dredge ❑ Fill ❑ Both ❑ Other Submerged 2270 2270 grassbeds Dredge ❑ Fill ❑ Both ❑ Other Open water Dredge ❑ Fill ❑ Both ❑ Other ® 642 642 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :; 1.888.4RCOAST :: w .nccoastalmanagement.net revised: 02/15/10 FIU i A3% FOR REGISTSJaval"REGISTER OF DEEM GF heal Ggn1Y. ML r1CR tH C ,RDIINA, CARTERET COUNTY DIDO 1f 21 , 2812 11:19:58 AM This tmAnlmant and this Derlficele ehe dub fNad al the dale and time and in the Book and Page shpwn M BEER 3 P %EE $116 as on the fist page mmit". a.gian Of e K REVEUJE STRIP: SO' N FILE # 1431187 _,s.o.Fn pepraG.d The atamrys preparing Nis Imwmnt have made no tide uam irem. ofthi, property and apm, no opinion n b ot, unless en,aircd in a,e imea.v . cen,fi. STATE OF NORTH CAROLINA COUNTY OF CARTERET THIS DEED, made and entered into thisl8thday of December, 2012, by and between ROBERT W. IVEY and wife, DONNA M. IVEY (mailing address: 605 Lake Shore Drive, Goldsboro, NC 27534) ("Grantors"), and JEWEL H. IVEY (mailing address: 229 N. C. Highway 111 South, Goldsboro, NC 27534) ("Grantee"). The property being conveyed does not include the primary residence of the Grantor. WITNESSETH: That the Grantors, in consideration of Ten Dollars and other valuable consideration to them paid by the Grantees, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell and convey unto the Grantees, their heirs, or successors and assigns, a one-half undivided interest in the parcel of land lying and being in Morehead Township, Carteret County, North Carolina, and more particularly described as follows: BEGINNING at a concrete monument in the south right ofway line of N. C. Highway 24,said point being the northwest comer of the Deep Bay Subdivision as the same is shown in Map Book 13, page 9, Carteret County Registry; running thence South 22 degrees 36 minutes 00 seconds West with the West line of the Deep Bay Subdivision a distance of Heppavrree// aMEav, hrter a aaa, I'C M DYawer 916, GOW,eors, NC D5reZ BOOKM2A PAGE ) O 0 PMM NOV 2 2 2013 DCM-MHD CITY 1435.31 feet to a concrete monument; thence South06 degrees 04 minutes 56 seconds East with the Deep Bay Subdivision line 227.05 feet to a point in Bogue Sound; thence South 78 degrees 13 minutes 41 seconds West 313.82 fat to an iron pipe; thence North 22 degrees 36 minutes 00 seconds East with the boundary line of the lands now or formerly owned by E. A. Council, Jr. 1656.66 feet to an iron pipe in the South right of way line of N. C. Highway 24; thence North 66 degrees 38 minutes 17 seconds East with the said South right of way 215.64 feet to a concrete monument, the point and place of beginning. Also included herewith are riparian and littoral rights appurtenant to the property, if any, and also included herewith are the rights appurtenant to the property, if any, in and to the use of the immediately adjacent street to the east, Deep Bay Drive. TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereunto belonging to the said Grantees, their hews, or successors and assigns forever. And the said Grantors, for themselves, their heirs, executors and administrators; covenant with the Grantees, their heirs, or successors and assigns that they are seized of a one-half undivided interest in said premises in fee and have the right to convey the same in fee simple. The Grantee assumes all mortgage indebtedness on the premises. IN TESTIMONY WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. (SEAL) Robert W. IIvey, 1yv ' r' I . (SEAL) Donna M. Ivey BOOK PAGE M NOV 2 2 2013 EE�Z STATE OF NORTH CAROLINA COUNTY OF tvAYNE and State aforesaid certify that ROBERT W. IVEY and wife, DONNA M.IVEY, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and notarial seal thi_k /$ day of Uece w5 W r- , 2012. Notary Public My Commission Expires: /YON �}} � 31a01 co NOTARY I PUBUC R G\Wp516DATA�BAABVWJvq mbenm%M a h"N propel ."d �C ��-e. Aep red by BpE w, Bvler d Nine, K "Drawer 916, Gnlernnm, NC 2753"916 BOOKIql)JAGE W) i 0 eft NOV 22 2013 A, V LT A V * - 11-m- PW-j A NO North Carolina Pat McCrory Governor Ted and Jewell Ivey C/o Kathy Vinson PO Box 827 Morehead City, NC 28516 -Dear Mr. /Mrs. Ivey: NCD NR Department of Environment and Division of Coastal Management Braxton C. Davis Director Natural Resources John E. Skvarla, III Secretary December 20, 2013 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located on Bogue Sound in Carteret County. The site is at 1803 highway 24 in Newport, Carteret County. The application was received as complete on 12/9/13, and appears to be adequate for processing at this time. The projected deadline for making a decision is 2/23/13. 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 12/9/13, you may request a meeting with the Director of the Division of Coastal Management and, permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. SiPatherM. Hon Coastal Management Representative cc: Doug Huggett, Major Permits Coordinator Roy Brownlow, District Manager/Compliance Coordinator Ted and Jewell Ivey, Applicants 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nocoastalmanagement.net An Equal Opportunity lAffirmafive Action Employer Ted Ivey 229 NC Highway I I I South Goldsboro, North Carolina 27534 May 27, 2013 To Whom It May Concern: I authorize Kathy Vinson, AICP to represent me and apply for CAMA permits to develop my property located at 1803 Highway 24 East in Carteret County, North Carolina. This authorization extends to all permits and authorizations required by local, state, and federal agencies that may be required as part of the permitting process. I also authorize release of information related to the project site to Ms. Vinson, including boundary surveys, topographic maps, and results of wetland delineation and soil permeability tests. If you have questions or need additional information, please feel free to contact me at (919)580-6767. Sincerely,?- k7f-' {r l� I p RECE MD NOV 2 2 2013 DCMMHDCITY Fax Send Report Date/Time DEC-20-2013 09:51AM FRI Fax Number Fax Name DCM MNDCTY Model Name : SCX-5x30 Series No. Name/Number StartTime Time Mode Page Result 140 97262653 12-20 09:50AM 00'49 ECM 003/003 O.K Divisi nl of Coastal Management W . NC ENR North Carol ia Department of E IvIrneament and Natural Resources Pal McCrory, 0"ns. Bmu.nD vis,DreHw Jon E.Skvara, Ill,Secmtary FAX OVER DATE: — 0—I /� / TO: l 1 OFFICE: FAX0. —a TELEPHONE# G COVER SHEET: TOTAL PAGES INCLUDIIN FROM: Moreheac City Office 400 Comm roe Avenue Morehead City, N rth Carolina 28551 Phone: 2 -803.2808 FAX: 25 247-3330 .nxoasfai lanagement.net RE: rvawrdau Division of Coastal ^tioasab Management ®PP \��ryj ER ��J®♦♦ North Carolina Department of Environment and Natural Resources Pat McCrory, Governor Braxton Davis, Director John E. Skvarla, III, Secretary DATE: I /? � TO: C IIIPXAX, I OFFICE: FAX #: / /A ( 0 TELEPHONE #: TOTAL PAGES INCLUDING COVER SHEET: Morehead City Office 400 Commerce Avenue Morehead City, North Carolina 28557 Phone: 252-808-2808 FAX: 252-247-3330 www.nccoastalmanaaement.net RE: TAFax Cover DCM NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Carteret News Times PO Box 1679 Morehead City, NC 28557 Braxton C. Davis Director Re: Public Notice — Ted and Jewell Ivey, 1803 Hwy 24, Newport Dear Sir: Please publish the attached Notice in the 12/22/13 issue of the Carteret News Times. John E. Skvarla, III . Secretary December 20, 2013 The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincer ly Heather M. Styron Coastal Management Representative 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Intemet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 1219/13. According to said application, Mr. / Mrs. Ivey propose to modify the existing pier, build a new pier, platform and walkway and add two new slip areas (four total) with boatlifts along Bogue Sound for 1803 hwy 24 in Newport, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 1/11/14, 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. PUBLISH ON: 12/22/13 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.ncooastalmanagement.net An Equal Opportunity l Affirmative Acton Employer ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, i or on the front if space permits. 1. Article Addressed to: NIS. Lynn luPnrr Le,2.. � SS(o��a,puv� �it°ek.L vet s A. Signd(ure X ❑ Agent ❑ Addressee B. jtec vnb(P * ted NN �) C. Date of Delivery ( l_ 14- -I D. Is delivery address different fmm item 1? ❑ Yes If YES, enter delivery address below: ❑ No PMPIW 3. 6erttued Mau -� Repbtared fiwfor Me 4.12ee Insured Mail ❑ C.O.D. 4. Restricted DelWerl/i' (Extra Feel 0 Yes 2. Article Number (nansferfrom servtcetabeq 7013 1710 0002 0897 0303 lS Form 3811. February 2004 Domestic Return Receipt taaess-ee-M-lsno UNITED STATES POSTAL SERVICE I I I I I Pe SINo. G-10IPaid • Sender. Please print your name, address, and ZIP+4 in this box Co a J /')ad-+e17r4d c'.> 7, /t/e q' 9ss7 COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 November 22, 2013 Lynn Turner Lee 5864 Sapony Creek Drive Nashville, NC 27856 Re: Major CAMA Permit Application Ted and Jewel Ivey Dear Ms. Lee: Mr. and Mrs. Ivey have retained Coastal Planning Services, Inc. to provide CAMA permitting assistance for modification of an existing pier and construction of a second pier with boatlifts at their property located at 1803 Highway 24 in Newport, Carteret County, North Carolina. A Major CAMA (Coastal Area Management Act) permit will be required to do the work. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are hereby notifying you of the proposed plans. Enclosed with this letter are copies of the permit application and plats. this notice. You may reach DCM at the following address and phone number: Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information. Sincerely, ea z1�, Kathy B. Vinson, AICP RECEIVED Enclosures NOV 2 2 2013 DCM-MHD CITY ■ Complete items 1, 2, and 3. Also complete A. Sr n item 4 if Restricted Delivery Is desired. ❑ Agent X ■ Print your name and address on the reverse ❑ Addressee w that we can return the card to you. B. heoeivsd by (printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ��� r 1 1 _ or on the front if space permits. 01 D. Is delivery address dIfferent from item 17 ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No Deep /a] s/c /O✓,e W3 3 Type V p �NMrea forMedwWles ❑ Insured Mall ❑ C.O.O. 4. Restricted Delivery! (6Na Fee) 0 Yes 2. ArflcleNumber 7013 1710 0002 0897 0297 . (Transfer ftm, seMce labe9 PS Form 3811, February 2004 Domestic Return Receipt f UNITED STATES POSTAL .SERVICE , =1 * Sender: Please print your name, address, and ZIP+4 in this box 0 C 62j r� Aj"qn'v'; * O-el-L)i-ceil "'W'n rte /7 if q Q/ (2( 'P� , tie "? 111111 ' I' I.- m1l, 11111 ... I COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Office 252.354.4916 Morehead City, NC 28557 Fax 252.247.5875 November 22, 2013 Elmer T. Sprinkle, III 243 Deep Bay Drive Newport, NC 28570 Re: Major CAMA Permit Application Ted and Jewel Ivey Dear Mr. Sprinkle Mr. and Mrs. Ivey have retained Coastal Planning Services, Inc. to provide CAMA permitting assistance for proposed work at their property located at 1803 Highway 24 in Newport, Carteret County, North Carolina. They plan to replace an existing boat lift with a single -pole jet ski lift at the existing pier located on the east side of their property and construct a second pier with two boatlifts on the west. A Major CAMA (Coastal Area Management Act) permit will be required to do the work. CAMA requires that adjacent riparian property owners be notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or object to the proposal. As the owner of adjacent riparian property we are hereby notifying you of the proposed plans. Enclosed with this letter are copies of the permit application and plats. If you have objections or comments regarding the proposal, please write or call the Division of Coastal Management (DCM) within 30 days of receipt of this notice. You may reach DCM at the following address and phone number: Ms. Heather Styron NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Telephone: 252-808-2808 No action on your part is required if you have no comments or objections. No response is considered the same as no objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information. Sincerely, Thy RECEIVED B. V-mson, AICP NOV 2 2 2013 Enclosures DCM-MHD CITY