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HomeMy WebLinkAbout135-13 Howard, EbbiePermit Class '.NEW STATE OF NORTH CARD LIINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Permit Number 135-13 Ebbie Howard, P® ]Box 15107, New Bern, NC 28561 ing development in Craven County at adj. to the Trent River, at 312 Madam as requested in the permittee's application dated 10/2/13, including the spermit, issued on December 19 2013 , is subject to compliance with the application (where consistent th the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject to fines, imprisonment or civil action; or may cause the.permit to be null and void. l) In accordatice with the authorized agent's letter dated 12/18/13, the original proposal to construct a catwalk is hereby removed from this project. Any reference to the catwalk in the attached application is hereby null and void. Docking Facility Unless specifically altered herein, this permit authorizes only the expansion of the existing docking facility and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. (See attached sheets for Additional Conditions) permit action may be appealed by the permittee or ualified persons within twenty (20) days of the issuing W appeal requires resolution prior to work initiation or ance as the case may be. ,rmit must be accessible on -site to Department when the project is inspected for compliance. maintenance work or project modification not covered 3er requires further Division approval. All work must cease when the permit expires on December 31, 2016 issuing this permit, the State of North Carolina agrees ,our project is consistent with the North Carolina Coastal igement Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton avis, Director �Ikvision of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee lEbbie Howard Permit # 13543 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. 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. 3) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will 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. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. ,,7),_ This permit authorizes 2 jet -ski slips and one 1 additional boat slip for a maximum of five formalized boat slips. General -$) ` 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 shall 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. 9) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 11) The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. lEbbie lEII®wand Permit # 135-13 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. 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 development or land disturbing activities are not allowed within the Environmental Management Commission's Neuse River Buffer. Contact a representative of the, Division of Water Resources at (252) 946- 6481 for more information concerning allowable uses within the Neuse River Buffer. The U.S. Army Corps of Engineers authorized the proposed project under Programmatic General Permit No. 198000291. I� Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 December 18, 2013 Mr. Daniel Govoni NC Division of Coastal Management, 400 Commerce Avenue Morehead City, NC 28557 RE: Ebbie Howard's CAMA Permit Application Dear Mr. Govoni: Pursuant to our conversation this morning, please find enclosed a revised plat showing the deletion of the proposed catwalk and the relocation of the jet ski lift designated as 93. If you have any questions concerning this, please don't hesitate to contact me. ,, Cgfdialours Charles Jones JCC. Inc. Attachment cc: Ebbie Howard � ' J Pry°° Dwk FatBoat: lift r - -140. _ I%0p7 JJfs, �.' -acttm Rwe Ooatow elavatbw ~ T 9 1 I V 1; • VVe G •` `..O-,�. Lys PK Nall 5 t -- -4. v__ (�� ©-Uno comvd sit Lft rip Z,a, (�j- 8cakingEbAk 1Nt 44 �40"� � �, �� ®- PtGpo6W.kt 5k1 Lift Ftre 13.0p detSkJl/ft woaa p � �s-p,PA0i1 7 PK Nail Sat SEE SHEET 2 FOR LOT DETALS FOR _001K HOWARD /R MMM SEVEN TOVM*r. GRAVEN 00MY NOM GAMM SHEET 2 OF a LINE WEIGHT LEGEND PROPERTY�"� QG `j 'jp►'�j+ U Ms AA- f-u GRAPHIC SCALE —,,�,, = J zc ►�'�ot3- � o o 0 40 20 - DUFFER LINE "—' -- = DA5HED LINE NOT SURVEYED - AD LL. SUfrr t G F. A LANO EURVVY dS - MM PLAN DMSM _ "a+� ( IN gym) PLOTTED by DEED OR COMPUTAnON re,.M~:-�®om.Tw NM WIN WA 1 inch = 40 ft — - SUN BU2DMG i1NE APPLIBUMIN for Nalmor I&WONGIN911 Permit (Rest roullsed 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Project Name (if applicable) Applicant 1: First Name Ebbie Ml Last Name Howard Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names fisted. Mailing Address PC Box 15107 City New Bern State NC 21P 28561 USA Is No. 252-671-4622 ext. FAX No. Street Address (if different from above) 312 Madam Moores Lane 'y I City Bern State NC ZIP Email Business Name Agentl Contractor 1: First Name MI Last Name Charles S Jones Agent! contractor 2: First Name M1 Last Name Mailing Address PO Box City State 296 Bay Drive Smyrna ING ZIP Phone No. 1 Phone No. 2 ext. 28579 252 - 729 - 9711 ext. FAX No. Contractor # na Street Address (if diffefent liforn above) I city I State Imp Email <Form continues on back> 0 C 'f 0 3 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3 Project Locafion County (can be multiple) Street Address State Rd. # Craven 312 Madam Moores Lane Subdivision Name City State Zip na Phone No. Lot No.(s) (if many, attach additional page with list) 252 = 249 =1617 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Trent River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural ❑Manmade ❑Unknown Trent River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes NNo work falls within. Craven County % Srte Descrrpfil?n a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 110, 46,609 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 46,609 salt, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6' ❑NHW or ®NWL e. Vegetation on tract lawn grasses, trees f. Man-made features and uses now on tract Residence, garage, driveway, sea wall/retaining wall, dock g. Identify and describe the existing land uses adiacent to the proposed project site. Residential houses h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Not Zoned (Attach zoning compliance certificate, if applicable) ❑Yes []No NNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo DNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a DYes NNo DNA National Register listed or eligible property? �tFCEjSIEi"^ <Forrri-continues on next page> 252-5,V8-_aB 03 .. .-`d8S-4 RC'::'• .,,. <. .. 1`l=^J'F..✓:CCa.�S;?:320t'i.ai?a y:>8:.?�;r;w,".��: („1`; °;,` form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (I) Are there wetlands on the site? ❑Yes ®Na n Are there coastal wetlands on the site? ❑Yes ®No n If yes to either (i) or (r') above, has a delineation been conducted? []Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic tank system �j:; �Fi[ri3n o. Describe existing drinking water supply source. O r I �� Z 3 County water .� P. Describe existing storm water management or beabnent systems. _ --- --- na )]CMTa1911M[' 5 AC W1Ves and lmpacfs 4: a. Will the project be for Commercial, public, or private use? ❑Commercial ❑PubldGovemment ®Prtvate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose of the project is to: 1) construct catwalk on the south side of the existing uncovered boat lift This will provide safe access to the south side of the boat I'rt allowing for the maintenance of both the boat lift and the vessel's hull; 2) add two jet skis to the docking facility and 3) add an additional piling to create an additional boat slip area on the north side of the existing dock. The use of the docking facility will be for the use of the property owner and invited 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. A pile driving barge will be used to install pilings and typical hand tools will be used to install decking. The pile driving should be accomplished in less than a day with the equipment arriving and leaving in the same day d. List all development activities you propose. 1) Add a catwalk to facilitate safe access to an existing boat lifl; 2) install jet -ski lifts to the existing dock structure and 3) install one additional piling on the north side of the existing to provide an additional boat slip e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? NA ❑Sq.R 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 wafers of the state. NA I. 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 If yes, attach a mitigation proposal. . <Form continues on back> Y.r VdkV. ncaoastnE mna a yam G' _,erOra Form DGM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Thomas Ensley Phone No. 252-514-7503 Address 314 Madam Moores Lane, New Bern, NC (PO Box 3234, New Bern, NC 28664 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. GP 51225 (8118/08) GP 60266 (8/23112) GP 54639 (9/17109) - 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 expenditul of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in 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 d V — 1— d 3 Print Name Ebbie How rd Signature Please indicate application attachments pertaining to your proposed project. ❑DGM MP-2 Excavation and Fill Information ❑DGM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information [lC"i n" 2019, „32'. S 09 2, S.... s3::. R. ..,-, .... ,. .,..n c... m-r., on...., a :. Form 0CM PAP-4 (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ®Private/Community ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes ❑No (ii)Number na If yes: (iii) Length _ (if) Number 1 (iv) Width (ii) Length 48' (v) Floating []Yes ®No (iv) Width 3' (v) Floating OYes ®No e. () Are Platforms included? []Yes ®No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number (i) Number 2 (ii) Length (ii) Length 8' (iv) Width (iv) Width a, r (v) Floating ❑Yes ❑No Note., Roofed areas are calculated from drfpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ 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: 5 total 2 existing and 3 proposed) ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe: k. Typical boat length: 30' j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed types I. (i) Will the facility be open to the general public? o�'r Z0I3 ^�,�+.1T< .VJ.i ,. :5.�.+D.t.;-<�..d..; .. ] J 77".:!': ? 7°<ix:r '>,_u:.,�2.:.'f 9%' ,.^`l;.u.< ✓-.. i. r��;.',t m. () Will the facility have tie pilings? ®Yes []No (i) If yes number of tie pilings? ❑Yes ®No a. �''wG& earn or me rouowmg sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for Patrons; .Number _; Location: na ❑ Showers ❑ Boatholding tank pumpout;. Give type and location: na b. Describe treatment type and disposal location for all sanitary wastewater. na C. Describe the disposal of solid waste, fish offal and trash. Trash will be taken ashore and disposed in accordance with state and local laws d. How will overboard discharge of sewage from boats be controlled? na n e. O Give the location and number of "No Sewage Discharge" signs proposed. na UT �J I% U13 (1) Give the location and number of Tumpout Available" signs proposed. - ar�In�iis} j na f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and "petroleum products. na g. Where will residue from vessel maintenance be disposed of? na h- Give the number of channel markers and "No Wake" signs proposed. na 1. Give the location of fuel- handling facilities, and describe the safety measures planned to protect area water quality na j. What will be the marina policy on overnight and live -aboard dockage? na it. Describe design measures that promote boat basin flushing? - ---- open water ,'i L` iV4 N11 ``'"iZ' IF ,. I. If this project is an expansion of an existing marina, what types of services are currently provided? na in. 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? []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 ❑SAV ❑SB OWL ®None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ®No If yes, give. the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse stmcture(s): ❑Commercial ❑Public/Govemment ❑Private/Community, (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dApline dimensions. a. (i) Number (n) Length (iii) Width Q. Length _ c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commercial ❑PubliciGovernment ®Private/Community, c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. b. Average distance from NHW, NWL, or wetlands b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 0 e. Are of the swing a. Proximity of structure(s) to adjacent riparian property lines approx. 21.6' on south property line and approx. 22' on north property line Note: For buoy or mooring piling, use are of swing including length of vessel. c. Width of water body approx.1,165' e. (i) Will navigational aids be required as a result of the project? Yes ONo ®NA (li) If yes, explain what type and how they will be implemented. a. Give complete description: b. Proximity of structure(s) to adjacent docking facilities. approx. 60' d. Water depth at waterward end of structure at NLW or NWL 6' Et.F..ui lui++' OCT G 2Qi3 CIM; I DCal+r DCM Coordinator: G�GdG✓ Permit #: MAILING DISTRIBUTION SHEET Permitee: /,24 ,e Agents: DCM Field Offices Elizabeth City Morehead City ✓ Washington Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: Water Quality: Washington: Wilmington: Wildlife Resources: LPO: (with revised work plan drawings) Raleigh Bland Tracey Wheeler William Westcott (NC DOT) Bill Biddlecome (NC DOT) Dave Timpy Renee Gledhill -Early or(environmental.review@ncdcr.gov) Debra Benoy (WIRO) Joey White (WARO) Jessi Baker Kevin Hart Ken Pace Patti Fowler Tim Walton / Karen Higgins (Raleigh) John Hennessy (NC DOT) Amy Adams , Joanne Steenhuis — 401 Chad Coburn - 401 Linda Lewis - Stormwater Maria Dunn (WARO) i Fax Distribution: Permitee Agent #:_ Pat McCrory Governor Mr. Ebbie Howard P.O. Box 15107 New Bern, N.C. 28561 Dear Sir or Madam: 2 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director December 19, 2013 John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualifpd 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 future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental'safeguards, or problem areas, you may contact Department personnel at anytime for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas V. Haggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer MUDIENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director December 19, 2013 Mr. Charles B.-Dees 310 Madam Moore's Lane New Bern, NC 28562 Dear Mr. Dees: Natural Resources John E. Skvarla, III Secretary Thank you for your letter dated March 4, 2013 concerning the Coastal Area Management Act (CAMA) Major Development Permit application submitted by Ebbie Howard, in Craven County. The Division appreciates your concerns about the proposed project. The Coastal Area Management Act permit review process involves a coordinated state and federal review of each permit application, with all review agency comments considered by the Division before final action is taken on a permit application. In this case, no inconsistencies with the Coastal Area Management Act were identified as a result of this review. Consequently, the Division has issued a Major Permit, No. 135-13 for the proposed activity. A copy of the permit is being provided to you for your information. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please contact me by telephone at (252) 808-2808, or by email at daniel.govoni@ncdenr.gov. Sincerely, Daniel M. Govoni Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity A Af nnnalive Action Employer Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 December 18, 2013 Mr. Daniel Govoni NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Ebbie Howard's CAMA Permit Application Dear Mr. Govoni: Pursuant to our conversation this morning, please find enclosed a revised plat showing the deletion of the proposed catwalk and the relocation of the jet ski lift designated as #3. If you have any questions concerning this, please don't hesitate to contact me. Cclydially yours Charles Jones JCC, Inc. Attachment cc: Ebbie Howard o' z .r rProPD d'D** LMt r -lzooE--2dstbw3as- PK Naff GRAPHIC SCALE 40 0 40 sE ( IN FEET ) 1 inch = 40 fk % ��S- k-1 rq� 0 5EE 5HEE7 1 FOR LOT DMALS LWE WEIGHT LEGEND PROPERTY LINE „ _ = GAMA LWE — .. — • — = SUFFER LINE -- = DA5NED LINE NOT SURVEYED PLOTTED BY DEED OR COWUTATION — — - MWIMUM BUM(NG LWE r RfW Gmta MvvtkW Set ,nwc. 161 f0diztw i%2(ncaiS-�a1..F Q_ad.l: i` _ DUSTHG CH7 M MR OE7VTE.pLtc EDGE LFE GHAT fTkNffL EST EDGE AL FREEDOM t-__ N.b.y ADD er E.vs nenoau DRocE T/� 66•fglRT py� MG cMgNtZ HERS �RN — I I I I VICINITY SKeTC44 I J1 y 1 1 M E5 3 m aaA BY cOOFaurES 01 PAa av -xwa r I � T/5 SIRKY6 M MI GOSiNG PdRf4 `W � U.fD Txwstr _I I I I � , I ��x�nT IFS ii LOT 8 I LOT 7 a LOT 6 9 AaaS� .i- ".rE < LLa .i- .v,ee i I I I 9ECEIVED I 0d,082013 1 DCif f-MHDCITY I I mumaarm .1 ryUAeS p GaSr J101a6V11pOB51AIC LOT 5 22PAV dy MADE 1LANE NC --SR #fOO4 GRAPHIC SCALE cc F "S NOT EMTE A IY1Y SMEI a C W AN MS 5T .. OA Ud1iRUdlO ELECT IE1ERIaL. WL T.V. UIN[5 m Maao AfPpCT• ms mdutt scan x zaIt 1 vrum x r x Mr xvRAwc ama rur RAeex aTznveva .L erreemE mrz .0oz 2aw. n A aS AW FLC msinexA CTCW nano mLuo e?a wxe eLsr num eleYaMYls NO i100a IM).11C1 Pr1erOW HAVE KIII L2iEETFD. ms rs[Pacr x nn war 51R1p5¢r5 mr m Sm Rer)EFN'la mx M Mpie waTLn sE 3 r IGIAAL sure srsruL m. pRortnrr nmrrss as xpwArl noaees urc 06 xalAIART YIPVET dlY. ND xrxowvrrs SNaxx OTNp( nun aMCIEa a! M.T. OL �- ENISTNC RON PPE M O NEW RON PPE M SCL " RlelfT OF WAY 05. SaFT. - 501LRE PE[i M d Ulllfl' PIXE 06 alp OVEgIEAO ELECTRc a). 6 - AM xOHREnrED PONY 06 L/L EJOS LEMEAIE OP PAVEMW IR P/L - PRO TT LEE =A r. x. NA[ M u - LW TASLE LNE WEIGHT LEGEND = PROPERTY LINE _.._.._.,_.._ = GAHA LNE -.•-.•-..-•- = BUFFER LNE — — — — = DASHED ME NOT SURVEYED PLOTTED BY DEED OR GOHPUTATION — — — — = WMUM BUI DWG LNE LOT 4 par o a 5 EXISTING CONDITIONS RE - SURVEY FOR EBBIE HOWARD A rusrs sEwv roxxvr. cepvEx camr. am. OC� • Z A,'toi3 s4 AYMF l @ x Z) PACE 5). LOT 4 COI. 5 xeTANS Ilm1f x FARM MAP 5 L futo%p L- SUII"T 4 ASBGG.. P. A LAND 51A¢VPYNb - 9RP PLAN VWWN K RHW4S-l.CFROYIAL-11(aOpxW NBY Ei NG. 18561 3T1 'MGRIO GGVRT x L3 bxu ipxl denl net PK Nall RECEIVED OCT 0 3 2013 DCM-MOD CITY GRAPHIC SCALE o m ( IN FEET ) 1 inch = 40 it. �Q { Proposed 3" Dock (V� oud Exbtbg Bout Lift iBattal Rlver Cdltar tlewtldis i SEE SHEET 1 FOR LOT PETALS LINE WEIGHT LEGEND �= PROPERTY LINE LAMA LINE — — • — = BUFFER LINE — = DASHED LNE NOT SURVEYED PLOTTED BY DEED OR COMPUTATION MMlIMU H BIALVWG LINE p 3 � Z 01 - 8c18tNlg GoVCl7Cd BOIL LHt ®- Pnop�oxd 205rsawet s►� m- rrlopMW Jd Ski LM Q-Ftvpvw PI►an PK Nall 5et \ PROPOSED /MPROVEMENT.� RE - MMVET FM MRIE HOWARD NIPM x TOwwsrr. cR M Co .. BORrH C RQ M 0CA 7Ll �Lo13 Su MAD L- SUITT ♦ ASS0G.. P. A. LMW SLOWL N6 - Mw PLAN ammom err..oM�rwi- n.w�r-cwaan�-wAcarw !CY NG 74961 rl �L�N �1lC-ate oFC�}T�1AIK LIP( PROPOSED ,FT Sm LIFT PLAN VIEW JET SKI LIFTS NEW TE LP PLON FOR SLP n{ L=111111=11 1��:�J PLAN VIE^ NEw TIE UP PILON PLAN VIEWS RE — SURVE/ Fam EBB/E HOWARD L W Z J tMW SEM TOW-- CRAVM Cau+n. NORTH CMO RECEIVED Ord'• 2,1a3VA1e GRAPHIC SCALE 5 0 2.5 5 O C T 0 3 2013 BRAD L. 8U►TT 4 A560G.. P. A. LAND PUW Z� ( DI FEET) DCM-MHDCITY NM � bT1 1 inch = 5 fL dw w cart Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 October 2, 2013 Mr. Brad Connell NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Connell: Please find attached an application from Mr. Ebbie Howard to: 1) constrict a catwalk on the south side of his existing uncovered boat lift; 2) install two jet skis lifts; and 3) create an additional boat slip by placing one piling approximately 20' north of his existing dock. Mr. Howard's property is located on the Trent River at 312 Madam Moores Lane, near the City of New Bern, Craven County. The purpose of the catwalk is to provide a means of safe access allowing for the maintenance of the mechanical parts of his existing uncovered boatlift and the ability to perform hull maintenance to the existing boat on that side of the lift. The catwalk, the proposed jet ski lifts as well as the proposed tie up pilling will not be within 15' of riparian lines of access on either side of his property. I have included a check for $250, deed and agent authorization form. Copies of the application have been sent to adjacent riparian property owners by certified mail. Notice of their receipt will be provided once received from the US Post Office. If you have any questions or need additional information, please contact me at the above address or telephone number. Cordially yours, C" Charles Jones JCC, Inc Attachments cc: Ebbie Howard RECOW OCT 0 3 2013 DC;yl-y!;ID crr'r DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Ebbie Howard County: Craven LOCATION OF PROJECT: Adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/17/13 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Brad Connell 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: December 3, 2013 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: 12/31/2013 MAIL OUT DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE ION; 150 - DAY DEADLINE: STATE DUE DATE: FED COMMENTS REC'D: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management- Regional Representative Coastal Management- LUP Consistency Determination .- Division of Community Assistance Land Quality Section C ✓/ Division of Water Quality f/ Stomr Water Management(DWQ) Store Property Office / Division of Archives & History Division of Environmental Health I �' I Division of Highways Wildlife Resources Commission V.� q (N - / V Local Permit Office Division of Marine Fisheries Corps of Engineers Project Name N o i e &Wu/-y Assigned to (;VVV /7 : Assigned on / V 7113 CTI S 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 X Other Written approval from ®WQ is/i no) required for this project. Pat McCrory Governor November 7, 2011 NAEMORANDUM: TQ: FRoml: SUBJECT: AT �G NCB R'iJ> Carolina Department of Environment and Natural ResourcR.' `1 Division of Coastal Management t Braxton C. Davis JohnE,iSkvarla, III Director Tf _ "----'--- I I -secretary Rence Gledhill -Carly NC Department or Cultural Resources Doug lluggett Major Permits Processing Coordinator CAMAMIIEDGE' &s FILL Permit Application Review t Si I� _ rv`e'3"jG rM ?A!�llCi Applicant: Lbbie 1-Ioward Lli.?Jc„4 Project Location: C-irta'-6 County, adjacent the Trent River, at312 Madan! Moores Lame, in the City of New Bern. Proposed Project: Proposes to expand his existing docking.facility for private use on the Trent River. !'tease indicate belowyour agency's position or viewpoint oil the proposed project and return this form by (NiSv'embcr 28 _?013 Il'voa have any questions regarding the proposed project, please contact Brad (Conifell, Permit offcerat(252) 803 ?SOS. Ext.214 Whenappropriate, in-depth comments with supportiif, data is requested. IREPLY: This agency has no objection to the project as proposed. This agency has no continent on the proposed project. This a.-ency approves of the project only if the recommended changes are incorporated. See attached. 'Phis agency objects to the project for reasons describers in the attached comments, d i� SIGNED ...v.41. 0`a%fl .a,I DATE I 10 1 .`WQ CarrvneicsAva., tAarahfladi:ity, N, - 2i)557 1 Now 252-kii-2M FAX: 252-242-33.30 lntemel` anv;a.n�uas almaaagema n .ne( An.[ruh CtPww.l ii"Jmajea fGwnErTPby:i NOV i '1 2013 -S W'1(31103 -.R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Waxton C. Davis CI- John E. Skvarla, Ili Governor Director Secretary November 7, 2013 MEMORANDUM: TO: Anthony Scarbraugh NOV 1 3 2013 Division of Water Resources FROM:. Doug Iluggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ebbie Howard Project Location: -&�ounty, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. , Proposed Project: Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at(252) 808-2808, Ext. 214 When appropriate, in-depth corments 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--_ � 1 , (DATE uMPoe< 400 Commerce Ave„ Morehead City, NC 28557 O r ;E SW 7131 103 Phone:252-808-28081 FAX:252-247-3330 Internet: wmirmcoastalmanagementnet X�Nr/�T�7j 7=7,r'/�"I r r An Equal epwrlunly l Af9rmative Milan Employer e,T'cfLM r-EQ UI���'n��15 L NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director MEMORANDUM DATE: November 7, 2013 TO: Doug Huggett THRU: Roy Brownlow FROM: Brad Connell V' John E. Skvarla, III Secretary SUBJECT: Comments and Recommendations - CAMA Major Permit —Mr. Ebbie Howard, Craven County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal usurps approximately 6,500 square feet of Public Trust Waters. It would result in the total platform and roof shading of 1,285 square feet of these Estuarine Waters along 110' of shoreline. These waters of the Trent River are closed to shellfish harvest. There is submerged aquatic vegetation in the nearby inshore vicinity of the project area, outside of the proposed development area. This waterbody is not a Primary Nursery Area. This proposal will not be a hazard to navigation. The existing docking facility was permitted on 8/18/2008 via General Permit # 51225. This permit is referenced in the application package on Form DCM MP-1, 6, g. This General Permit authorized the construction of a 16' wide and 24' long boathouse, or 384 square feet. The submitted work plan drawing in the application package labeled "Proposed Improvements Sheet 2 of 3," renders the existing boathouse roof line (excluding the surrounding catwalk) dimensions to be 19' wide and 26' long, or 494 square feet. This work plan drawing was prepared by Brad L. Suitt & Assoc., P.A. on October 2, 2013. The total proposed square footage for shading impacts is 1,285 square feet, which is greater than 8 square feet per linear foot of shoreline, as Mr. Howard has 110' of shoreline along the Trent River. 15A NCAC 07H .0208(b)(6)(B) states that: "The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. " Therefore, the shading impacts allowable under this rule with 110' of shoreline 1 3- ,Howard November 7, 2013 Page 2 of 2 would be limited to 880 square feet, unless the greater dimensions proposed can be demonstrated to meet the latter part of the rule. The existing boathouse appears to exceed 400 square feet (ref. 15A NCAC 07H .0208(b)(6)(D)). According to the submitted work plan drawing, the existing boat house and catwalk are 16' wide and 36' long, or 576 square feet. These dimensions exceed what was permitted in 2008. The non -conforming development rules can be found in 15A NCAC 07J .0211, which states that: "Anon - conforming structure is any structure within an AEC other than Ocean Hazard and Inlet Hazard AECs that is inconsistent with current CRC rules, and, was built prior to the effective date(s) of the rule(s) with which it is inconsistent. Replacement of such structures shall be allowed when all of the following criteria are met: (1) the structure will not be enlarged beyond its original dimensions; (2) the structure will serve the same or similar use; (3) there are no practical alternatives for replacing the structure to provide the same or similar benefits in compliance with current rules; and (4) the structure will be rebuilt so as to comply with current rules to the maximum extent possible. " CC: Roy Brownlow, DCM Ted Tyndall, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 Internet: www,nccoastalmanagement.net An Equal Opportunity \ AI(innalive Acfion Employer it �4 IVI�CDE�IR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director November 7, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Maria Dunn NC Wildlife Resources Commission Doug Huggett Major Permits Processing Coordinator Natural Resources CAMA/DREDGE & FILL Permit Application Review Ebbie Howard 0 John E. Skvarla, III Secretary RECEIVED NOV 2 5 2013 DcM-MIM cm Carteret County, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214 When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓ This agency has no comment on the proposed project. This agency approves of the project only if.the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED JV�--�1 DATE Commerce AM, i,101ul du vir , 28 Phone: 252-808-28081 FAX: 252-24 0 Internet: www.nawastalmanagement.net An Equal Opportunity 1 Affrmadve Action Employer JIM ITCDEE R North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director November 7, 2013 MEMORANDUM: Natural Resources TO: Pat McClain Division of Energy, Mineral & Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ebbie Howard John E. Skvarla, III Secretary "3t1E1A WJ(1 tl,01 9 9 AUN Q8At9��t Project Location: Carteret County, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposed Project: Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214 When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED f J DATE /�//s/a� 400 Commerce Ave., Morehead City, INC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer MWLMK North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary RECEIVED NnV 2 1 2013 November 7, 2013 MEMORANDUM: DCM-MmC11y R TO: Anthony Scarbraugh Scott Vinson Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ebbie Howard " CY3 Project Location: County, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposed Project: Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214 When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. N" L tcft6�j 6. L,4� f1pG Mco This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. agency objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Ave., Morehe' tly,t-333 Phone: 252-808-28081 F 2U.24ntemet: www,nocoasWImanagement.net An Equal Oppmtwif 1 ANBmaW turn Cynp' FA D(O RENEW North Carolina Department of Environment and Natural Resources Division oastal Management Pat McCrory R l= rJ xton C. Davis John E. Skvarla, III Governor LS V — Director Secretary Nov -: g 20113 Shellfish Sanitatio^ E �ereaiional Water Quality Se_: on November 7, 2013 lu uet.,1 u TO: Patti Fowler' Shellfish Sanitation NOV 14 2013 FROM: Doug Huggett Major Permits Processing Coordinator UCMMOCITY SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ebbie Howard t Project Location:amjounty, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposed Project: Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214 When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED G vJ�` P�{' DATE 11/13413 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 AfOrmadve Adon Employer Pat McCrory Governor November 7, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: A=4*.A CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director John E. Skvada, III Secretary RECEIVED Lee Padrick Nov 2 5 2013 Division of Community Assistance Doug Huggett DC.1S 1�I Crry Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Ebbie Howard Carteret County, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposed Project: Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214 When appropriate, in-depth comments with supporting data is requested.. S :.f i i1 6-0 ✓G4t nL4 t REPLY: —This agency has no objectidin to the project as proposed. t/ Phis 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 �i�� DATE 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.ncooastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer rc,utNK North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary November 7, 2013 MEMORANDUM: R TO: Anthony Scarbraugh4 Scott Vinson Division of Water Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Ebbie Howard Project Location: County, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposed Project: Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214 When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. N" wn� n� &V C AAA `'y This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. agency objects to the project for reasons described in the attached comments. SIGNED DATE 11 t S 400 Commerce Ave., Morehe Ity, 8557 Phone: 252-808-28081 F 252-24 -333A Internet: www.nccoavtalmanagement.net An Equal OPP WWAY 1 Affln Y l engl m -0 0L w NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary November 14, 2013 MEMORANDUM: To: Doug Huggett Major Permits Processing Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: David Tuten, Environmental Engineer, PWSS/WaRO Subject: CAMA/DREDGE & FILL Permit Application Review Applicant: Ebbie Howard �CI;tVEA NOV 18 1013 DCM.MyDCM, Project Location: Carteret County, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposed Project: Proposes to expand his existing docking facility for private use on the Trent River. REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. Comments: SIGNED DATE lk 114 /1 3 Public Water Supply Section — Jessica C. Godreau, P.E., 3CEE, Chief Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-948-0040 \ Internet: www.ncwater.orglpws/ An Equal opportunity 1 Affirmative Action Employer �- .A ZONEWdR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director November 7, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: il RECEMI) NOV 18 2013 DCM-MO CTTY Tim Walton State Property Office Doug Huggett Major Permits Processing Coordinator John E. Skvarla, III Secretary RECEIVED NOV 12 2013 DOA STATE PROPERTY OFFICE CAMA/DREDGE & FILL Permit Application Review Ebbie Howard Carteret County, adjacent the Trent River, at 312 Madam Moores Lane, in the City of New Bern. Proposes to expand his existing docking facility for private use on the Trent River. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 28, 2013. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214 When appropriate, in-depth comments with supporting data is requested. REPLY: This.agency has no objection to the project as proposed. ✓/This agency has no comment on the proposed project. SIGNED 400 Commerce Ave., M Phone: 252-808-28081 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. NC TE )l_ \ — — )-2— An Equal Opportunity 1 Affirmative Govoni, Daniel From: Baker, Jessi E Sent: Wednesday, December 18, 2013 8:21 AM To: Govoni, Daniel Subject: 312 Madam More lane I have no comment on the addition of one boat lift slip to the Ebbie Howard dock in the Trent River. Jessi Baker, Fisheries Resource Specialist NC Division of Coastal Nlanagemcnt 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808, ext. 213 iessi.baker@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Govoni, Daniel From: Baker, Jessi E Sent: Wednesday, December 18, 2013 10:33 AM To: Govoni, Daniel; Huggett, Doug; Hart, Kevin Subject: Cow Pen Landing BAA Although there are fisheries concerns about filling 200 square feet of AFSA with riprap revetment, based on the bank erosion at this location (visible in Google Earth images) the stabilization is necessary. I am not opposed to this modification. Jessi Baker, Fisheries Resource Specialist NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 ext. 213 i es si.bakerQncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Govoni, Daniel From: Bland, Raleigh W SAW [Raleigh.W.Bland@usace.army.mil] Sent: Thursday, December 19, 2013 9:54 AM To: Govoni, Daniel Subject: RE: Ebbie Howard (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE The Corps will authorize under PGP 198000291. Please proceed with permit issuance and provide me a copy of the issued permit for our records. Thanks! -----Original Message ----- From: Timpy, David L SAW Sent: Wednesday, December 18, 2013 11:48 AM To: Bland, Raleigh W SAW; Wheeler, Tracey L SAW; Govoni, Daniel Cc: Smith, Ronnie D SAW Subject: FW: Ebbie Howard (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE This one is in Craven County. Tracy or RB will handle. Dave -----Original Message ----- From: Govoni, Daniel[mailto:daniel.govoni@ncdenr.gov] Sent: Wednesday, December 18, 2013 8:47 AM To: Timpy, David L SAW Subject: [EXTERNAL] Ebbie Howard See attached and can I get comments this morning. The applicant has also removed the catwalk proposal from the application due be over our allowance of square feet. Thank You!!!! Daniel M. Govoni Asst. Major Permits Coordinator NC Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 (252) 247-3330 fax daniel.sovoniOncdenr.eov 1 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 December 13, 2013 Daniel Govoni NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Ebbie Howard's pending CAMA permit application Dear Mr. Govoni: This is to confirm our telephone conversation on December 13, 2013 in which I informed you that Mr. Howard wishes to withdraw from his permit request the proposed construction of a catwalk around a portion of an existing boatlift. The primary purpose of the catwalk was to facilitate a safe and secure work area that would allow for the maintenance of the boatlift motor and associated hardware. Mr. Howard would still like to have the other development activities proposed in his CAMA permit application (the two boat lifts and the additional tie-up piling located on the north side of his existing dock) authorized. Thank you for your assistance in this matter. If you have any question concerning this, please don't hesitate to contact me. Cordiallys, Charles Jones JCC, Inc. cc: Ebbie Howard FEB-Q5-2013 09:19 From:DCM MHDCTY CAMA and DRE G E N I PER as authorized by the Department of Envin in an area of enviror DGE AND FILL R A L M 1 T State of North Caro mment and Natural mental concern our To:92499884 Your project is suhjcct to the NC Division of Water Quality Neuse River Buffer Rules duct to its location within the Neuse River Basin. Please Cuntact Deborah Sawyer at252.946.6481 or deborab-ikAwye-r@ncumil.net Pase:S 27927 - c_ .irces and the Coastal Resources Commission to 15 NCAC Ci. • • Applicant Name Address T Phone Number =: •> c.. 2 ,.,"i4�,� �! City ''� .:-� :. � State r-.t.- Zip Project Location (County, State Road, �r�,' it.� i'I lt.:�tt�l , t•.j,' i- Water Body, etc.) L!J Type of Project Activity ,;' L'• .. t '�� : - } n t l% t r^^ a PROJECT DESCRIPTION SKETCH Plm fdodri tengih =;... �• 771T" ... i 1 . i . 2 (SCALE: ..+,u x m,mbe Iidxadleaglp ; '�'tl� . -- Max. distance akdwm ili Biala, 6anml dtmenslonr _ m"'irards i1.._I-_-F-(-1--j---1-- dlmen,tons This permit is subject to compliance with and attached general and specific condillor may subject the permittee to a fine, impr may cause the permit to become nul I and This permit must be on the project site an ficer when the project is inspected for con Res by signing"this permit that t) this prof land use plan and all local ordinances, e been obtained from adjacent riparian lar have no objections to the proposed work, In issuing this permit the State of North Car is consistent with the North Carolina Coa this application, site dr s.Any violation ofthes sonment or civil actin void. I accessible to the perr ipliance. The applicant is consistent with the d 2) a written stateme downers ceftlf ing tha 31ina certifies that this i Management Pm6ra Wing erms ; and i applicant's signature I iit of- permit oRicer'ssign lure certi- local Issue date has expiration date they sited manta oject appli[alion fee 'i F`tQ'iTfi iu tJy. Q, 9'0 li f't4`q�'^} tlP^X+ao J, 7t�kYY 11Nt {A4 N Yvi1 K` Il ■ r k t[ -+.•zu iyi �%�"�•'^ fIRZ.'�' St! viff s("i +� �l.f r�+�y�±!tuim6,L�.�f�1✓✓. ,� Sp+�. ii "fr•r /ivY•' C1f`et, 'S 1e `L ])•4M"q .r>}aTi {�d1S'itl"�7.N 4� ta�.q��rw'Sitrl�. �Ju-Afff(,i',�JN�Y•trtyl • t t���1 hi��Yr p'} /Y lrN��t(Iry '�.J,+'jrV 'f •tiw bb .i'�T+l.�bf -0.mV 4� 1:�4z S�rt,J + Y �'�°.,+. $tN.fi�].tz.,rr•� '.AvS¢,� e�' �4t��9Y� A•' �tAty ytflyf> r,C,"P'){/"t�hj' �3�`yA`%�Ji��� q���� .ili�^ir.✓JPI'b�p�• ��U'Lah'tx�r�iiif�rc/' � .� A" fl 4t'w'Gi*u�J�,� L". � iJ�- PTS AV.LIY'-I,—OEA OHNIF OlH ■ ■ ■ ■ type of Project/ Actltdty (Scale: N7--%.- ) Pier(dock)length RO Q S Phttorm U t) X ' .�._.�__ Rnger pler(s) Groin k%th Bulkhead! Riprap 1mgth avghfi5lan,:eo(ishare max dbtarlce oRshon Basin, channel cubic yards. Boa0.ramp thous p ti 04 i 3 x 1 j B®dtBulldo6ng------ Other �T `a•J� «� vR.: 4"i'ii!,,X'.�a'I+Sxr+. '•Si1V��+:���,y✓:��,i,io[;edle!;cC,; �gq;r;; . Sard�?�IhOCaerb �'r •u• ._�- 'itiiiiiiwiYpm:'i�Nay'y��yei A building permit may ba raquirend Motu/ Special Conditions ��P'//n T 1 - i I i ! I 7 1 _I _ f—. I -r i 7� I i � f ' -�- 1 -i 1" —�-- 1 7 I f �_ 1. -� `' I I I_._I I _ f - 4--�-T _ - 1 -�-_��— J �. _. ._ -1 . r- I 1 , .t , LLI �. .1 -.�. i .1 I - I 1 [f See C N(" I — note t on back regarding C+ e r l� by: ems.. L:> I River Basin IT rules. �Qs L i, ,1 }• 4f. U t� rEB-0572013 09:16 From:DCM MHDCTY / OpWjEDGE Q FILLj GENERAL PER IT iNew OModHtcadon ClComple eReissue OPartial As authorized by the State of North Carolina, Dep rtment of Environment and the Coastal Resources Commission In an area / environmental conker Affected 0CW ^mow .EWTA Affect): OOEA OMHF ❑IH ❑ wrs: OFQ ORW: Yes it o'' PMA ,t Yes PAO Type of Project/Acdvlty Mar (dock) length F!W Groin length ..... number__ &dghend/ niprap Iwo Basin, channel i Cubic yards .._.•. __.__� I J_ Boat ramp j— BasdiouaerBoadift Beach Other A building permit may be required Notes/ Special Conditions OES ❑FTS Ov uHfA Crit.Hals. yes M To:92499884 Paoe:2 9-75 `. Previous permit # Date previous permit issued tural Resources ant to ISANCAC KRWei attached. Project Location: County C a 1 p Street Address) Stare Read/ Lot #(s)'� Subdivision City lr�0'al PI-xOii ZIP Phone # (_) River Basin /;JQ (I( ^" �T Adj. Wtr. Body. TCF' / 1 f IT , CC Lm—,.J.vgknn Closest Maj. Wtr. Body-- �° e w r.-P. (Scale: ❑ See now on bade regarding River Basin rules, , _1 The time period requirement forth T Authorized development Is suspend until December 31, 2010, pursuant' the "Permit Extension Act of 2009. FEB-0572013 09:17 From:DCM MHDCTY CAMA'% ❑DREDGE & FILL 6lJGENERAL PERM M-MMNew nModification FIComplet As authored by the State of North Carolina Dop and the Coastal Resources Commission in an area Affected OCW NEW •APTA UES AEC(s): OOEA URNF -niH UUE U PWS: UPC: oRw: yes I no : PNA yes Q no'— To:92499884 Paee:3 ' No.- 60266 'C-. ' IT. Previous permit # Reissue Fl Partial Re sue Date previous permit issued ment of Environment and atural Resources �- � J r t .':. • - envirpnmentalconcemP suanttoISANCAC ` .. t ... AM ' . Rutesaaached. Project Location: County:.` r' l •':' - Street Address/ State Road/ Lot #(s) �. Subdivision _ City ZIP LI FM Phone# '�•`�'},1 ' (—).__.. River Basin i U N/A i Adl. Wtr. Body, } fr a'/man /unkn) Crit Closest Mal. War. Body "; j _"-- ! -, t tab. yes /,.`no, Type of Project/ Activity ( r j t • .-p•j f (Scale. i Pier (dock) length, Platform(g) Fn r c s eePiK) � --- Groin length —•' - -- number_ � I --__' _,._,.- ; , . , I ;' ! 1i' ' Bulkhead! Wprap length_.._ distance avE offshore max dlspnce vf(shore.• I !_(_- �1—I. - I I I I I I I ' i I i j -r I r--I- I I i I ` .' ..r:y_:(r'_. 'n=1;__:.:'.I. 8asln. channel >•.:.I _ 'I -4':•: i? -r. - �_' :.} i : cubIC ands Boat ramp t r. .. ...i �� /' �( 8oalhouse/ 8oatlilc r � ^ + ' I--rJj I __f- • ! I ___-,� .''T' +� _ 5 -..i: , I �`, t I I ' I •-�'G Other •-,•t.i . _--- .t-_ I1.iyds -y"--_ -i -' 1r-' -_-_-,�,� iI - II --- sf�ukLength 'V : L -;�1-]-•:-ti r -,.,- �C'--,II!_ iII --'iII- •jL�_ SAV: notsure . -' Sandbags:, not sure yes':no' _ r ( t I-k ', I T---t-.�-1..-j._I• i MDMUln,dm:'. •n(a : Y. rn'o' .. • •. 'Photon " ! ~�_ __�_.____. I j (.I. _._f.__-__ .- I__, -{_ I _ yes. , no .Waiver A[taihed- 1..i I I I A building permit may be required 'by: i ,.t! ', • r (•\ : . ( J See note on back River Afatae/ Special Conditions 1 , "f ;.^;: a" - (; - ! regarding q Basin.tules. ' - _ ii go. or App�kdtit,P:aaQN_ ei •PB:r d >< iplicanonreelsi':, r 1•;;.,;a ttF:'- ',.;� ...aeheck# Perfw %j. Isyuln�Oate?, 'Lo�alPialinin-g, `'RaverF,le-N-N Iledeti.. •. .):• 1 Charles B. Dees 310 Madam Moore's Lane New Bern, NC 28562 March 4, 2013 Roy Brownlow District Manager RECEIVED NC Department of Environment and Natural Resources Division of Coastal Management MAR 0 6 2013 400 Commerce Ave. Morehead City, NC 28557 I)Cn1- IMI) CITY Dear Mr. Brownlow: I received an Adjacent Riparian Property Owner Notification from Bobby Cahoon Construction for work to be performed for my neighbor Ebbie Howard, Jr., 312 Madam Moore's Lane, New Bern, NC. After reviewing the material he included in this mailing I am concerned that the proposed improvements are not within the CAMA guidelines, as I understand them. I have enclosed copies of the documents I was provided by Bobby Cahoon Construction. The proposed project includes a new 1840 square foot (46'x40') boathouse as well as 150 square feet of new cat walk (5'x50'). This proposed project will have a total of 5 boat slips when complete. An existing (estimated) 20'x20' dock will also remain. The total square footage of shaded impact for this facility, based on the contractors' documents is 2,390 square feet. This significantly exceeds the allowable impact of eight square feet per linear foot of shoreline. Mr. Howard's property contains 110 linear feet of shoreline, based on the Craven County GIS, for an allowable impact of 880 square feet. This project would even exceed the maximum allowable size limit of 2,000 square feet. I feel Mr. Howard's current dock and boathouse likely exceeds the allowable impact based on his shoreline. I also question whether or not his current dock extends past the allowable 15 foot setback between our property lines. With the size and scope of this proposed project I feel it is more of a commercial venture with 5 boat slips than a residential dockage. I object to the size and scope of this project and ask that you review the proposal set forth by Bobby Cahoon Construction. This project does not meet the standard for the need of greater dimensions. It is not necessary for safe use, to improve public access or to support a water dependent use that cannot otherwise occur. Sincerely, Charles B. Dees (252) 229-3830 Connell, Brad From: Ernie Ensley [tiennc@aol.com) Sent: Wednesday, March 13, 2013 1:19 PM To: Connell, Brad Subject: 312 Madam Moore Ln riparian request Attachments: howard riparian request 3 13 13.pdf Brad, as a courtesy I am supplying you with a copy of the riparian request reed today from Bobby Cahoon regarding proposed construction for Ebby Howard at 312 Madame Moore Ln in New Bern. I trust you will attend to my other neighbors (Charles Dees) concerns expressed earlier during your absence..... and congratulations on the new baby! Kind regards, Ernie Enslev (252)514-7503 mobile Residential BROKER Commercial BROKER Commercial Alliance Licensed Residential Contractor Trained appraiser Associated w/Century 21 ZR www.FindNewBern.com New Bern's premiere wehsite for real estate TIEnNC(&aol com or ENSLEYOfindnewbern.com n RECEMED MAR 13 2013 DCN MFB)CITY CERTIFIED MAIL — RETURN RECEIPT REQUESTED D"ION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION(WAIVER FORM Name of individual applying for the permit: 1�66 i e. If . Address of property: 31 (Lot orstrceG$a torroad) nn l 10 ? -. (J Lf Y\ (City& County) t hereby certify that I own property adjacent to the above referenced property_ The individual applying for this permit has described to me (as shown on the attached drawing) the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. _I have no objections to this proposal if you have objections to what is being proposed, please write the Division of Coastal Management, 400 Commerce Ave., Morehead City, NC 28557 or call (252) 808-2808 within 10 days of receipt of the notice. No response is considered the same as no objection if you have been notified by Certified Mail. Waiver Section I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift or sandbags must be set back a minimum distance of 15' From my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) V'I do not wish to waive the 15' setback requirement 3-/3 Si ire Date 3av►�s lisle Print Name Telephone number with area code MART?1p13 Cam, Connell, Brad From: Connell, Brad Sent: Thursday, October 10, 2013 1:26 PM To: 'Charles Dees' Cc: Brownlow, Roy; 'Charles Jones' Subject: RE: Update on Dock Objection Importance: High Mr. Dees, The DCM has recently received an application submittal from Mr. Ebbie Howard for some proposed dock improvements. His Agent, Mr. Charles Jones, will be sending you a copy of this entire application package soon. Hopefully, your review of this full copy of the application package will alleviate any objections or concerns you may have with the proposal. If I can be of any assistance in the interim, please do not hesitate to contact me. Thank you, Brad Connell Field Representative NC Division of Coastal Management Peace be with you. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Charles Dees r_mailto:rbxconstructionCcbsuddenlink.net] Sent: Tuesday, May 21, 2013 5:19 PM To: Connell, Brad Cc: Brownlow, Roy Subject: Update on Dock Objection Hey Brad, I received a letter from Andrew Law, Project Manager with Bobby Cahoon Construction concerning the new dockage project proposed by Ebbie Howard at 312 Madam Moores Lane in New Bern NC. If you recall, I voiced some objections to the scope of this project several months ago. In Mr. Laws most recent letter he stated that he wanted to "clarify and explain a few things". He goes on to explain the number of slips to be constructed and to emphasize that the project is not a marina. He makes no mention of the proposed new 1800 square foot boathouse or the additional decking; however, it is still included in the drawings he sent along with the mailing. I have attached a copy of his most recent letter. My main concern with this project remains the same, the size and scope of this project exceeds the allowable impact. I hope you will continue to consider my objections when reviewing this project. I can still be reached at (252) 229-3830 if you require further explanation of my concerns. Thank you for your consideration, Charles Dees 310 Madam Moores Lane New Bern, NC 28562 Charles B. Dees, President Riverbanks Construction, Inc (252)229-3830 www.rbxconstruction.com h iRIVERBANKS CONSTRUCTION a PrintGeneral http://dcm2.enr.state.nc.us/dcm... Usemame: PatriciaH CDAITS: General Permit Print MainMenu ID SELECTED: 43648 Applicant Info: Applicant (Owner): Ebbie Howard Addl: 312 Madam Moores Lane City: New Bern State: NC Zip:28560 Country: USA Phonel:252-638-8226 Applicant (Contractor): Bobby Cahoon Applicant (Contractor): Bobby Cahoon Const City: NOT SPECIFIED Permit Info: Permit No.: GP-51225 DCM District.: Morehead City DCM Representative: Jonathan Howell Issue Date: 08/18/2008 Expiration Date: 12/16/2008 Fee Collected: 200.00 Fee Description: General Permit Fee (9/l/2006) Objections Received: N Permitted Rules 07H.1200 General permit for construction of piers, docks, boat houses in estuarine/public trust waters Permitted Activities Activity NumbeflTypelReplaceiMeasurel Measure2 Measure3 Measure4 Boat lift(len h width) 1 NW 13.000 13.000 Boathouse(length width) 1 NW IN 24.000 16,000 Pier or dock(length_width)1 NW IN 180.000 5.000 Platform(len width) 1 20.000 9.000 Permitted Disturbances Habitat T e Total Square Feet. Final Square Fee[ Total Feet Final Fee Site Description: Adjacent Waterbody: Trent River Adjacent Waterbody Type: Nat Sandbags: N SAV: N PNA: N ORW: N Shoreline Length: I10.000 Digital Photos: N 15ft Waiver: N AECS: Page 1 of 2 11/7/2013 4 , . --�, PrintGeneral http://dcm2.enr.state.ne.us/dcm... 07H .0206 Estuarine Waters 07H .0207 Public Trust Areas 07H .0209 Estuarine Shoreline Project Site: Addl: 312 Madam Moores Lane City: New Bern County: Craven Local Planning Juris: Craven County Riverbasin: NEUSE Major Waterbody: Neuse River Notes: _ No miscellaneous Notes. Page 2 of 2 11/7/2013 ?age 1 of , 5) 1 it 1510111IN11Y1®®!1 Itaae 10: W0001415pa7 TYP.: raP Becordsd. 07/2a/2009 at 01:12:55 Pn Fse Asrt: if.1r8.00 Dap1 f of 5 Eccles Ta: fi, i80.00 Craven. NO Sherd B, alMard Mplater or Oaeda mK2746 Pa57 (i�' Prepared by and return to Michael Scott Davis Davis Harthann Wright PLLC 209 Pollock Street New Bern, NC 28500 PARCEL NO.7-006-003 REVENUE STAMPS: $1,150.00 STATE OF NORTH CAROLINA COUNTY OF CRAVEN WARRANTY DEED THIS DEED, made and entered into thisi day of Judy, 2008, by and between ERNEST RAY CAHOON and spouse, LINDA J. CAHOON, and ELLA FRANCES WILLIAMS, widow, all of Craven County, North Carolina, Grantors, and EBBIE HOWARD, JR., of 103 Wanda Avenue, New Bern NC 28562 , Grantee, WITNESSETW That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to them in hand paid by the Grantee, the receipt of which is hereby acknowledged, the Grantors have bargained and sold, and by these presents do bargain, sell, and convey unto the Grantee, his heirs and assigns, that certain lot or parcel of land located in Number Seven (7) Township, Craven County, North Carolina, and being more particularly described as follows: DAVIS HARTMAN N'RIGHT PLLC Au.,.,,, at Lan 209 Pollock Street N. Her.. NC 28-W RECEIVED OCT 0 3 2013 DCM-MHDCiTY Hook: 2746 pave- .97 A.- t ?age 2 of . 5) , t . SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to the said Grantee, his heirs and assigns, in fee simple forever. And the said Grantors, for themselves, their heirs, executors, and administrators, covenant to and with the said Grantee, his heirs and assigns, that they are seized of said premises and have the right to convey the same in fee simple; that the same is free and clear of all encumbrances, except those limitations, encumbrances, or restrictions set out hereinabove; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above written, and hereby adopt the typed word "SEAL" as it appears at the end of their signatures as their personal seals. t 4 2k�- (SEAL) ERNEST RAY C400ON (SEAL) IN A J. CAH n i J:(ja 7,z:2 .- (SEAL) ELLA FRANCES WILLIAMS Page 2 of 4 Imae ID: 00=1M59/9 TVPe: WD Pape 2 of 5 aK2746 m58 RECEIVED OCT 0 8 2013 DCM-MHD CITY Book: 97a6 Pnon- 59 aw.- 9 Pagan 3 of . 5) im®lwillilwtuwiilig Image I0: 00000144594 Type: W Baps 3 of 5 s-2746 n59 STATE OF NORTH CAROLINA COUNTY OF CRAVEN 1, , Notary Public in and for said County and State, do hereby certi i s ERNEST RAY CAHOON and spouse, LINDA J. CAHOON, personally appeared before me this day and acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed. WITNESS my hand and official seal this the par'µ' day of July, 2008. My Commission Expires: loloxlzoro i STATE OF NORTH CAROLINA COUNTY OF CRAVEN 1, �leagu iTar✓i.:k. ,Notary Public in and for said County and State, do hereby certify ELLFRANCES WILLIAMS personally appeared before me this day and acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed. WITNESS my hand and official seal this the V6 day of July, 2008. IM IR�!!:IiT' ilDL�1 My Commission Expires: lolo3/zo10 r10tg4'S IC Page 3 of 4 RECEIVED OCT 0 3 2013 DC"d-VM C" Book_ 2746 Pmae: 57 Bww: i 9agp 4 or. 5) EXHIBIT A Image 10: MM01445950 TVPe: CRP '/J� �J /„� {{//��,,,, Page 4 or 5 r-2 46-60 All that certain tract or parcel of land lying and being situate in Number Seven (7) Township, Craven County, North Carolina, being more particularly described as follows: BEGINNING at an existing iron pipe in the northwestern right-of-way line of N.C.S.R. 1004 (Madam Moore's Lane), which point is located the following courses and distances from the centerline intersection of Madam Moore's Lane and N.C.S.R. 1171 (Howell Road), South 62 degrees 24 minutes 18 seconds West 1310.95 feet FROM SAID POINT OR PLACE OF BEGINNING RUNNING THENCE South 27 degrees 50 minutes 00 seconds West 100.16 feet along the northwestern right-of-way line of Madam Moore's Lane to an existing iron pipe, thence North 62 degrees 15 minutes 00 seconds West 480.57 feet to an iron pin found, thence North 62 degrees 15 minutes 00 seconds West 39.64 feet to a mag nail set, thence North 59 degrees 02 minutes 26 seconds East 117.21 feet along a wood bulkhead to a mag nail set, thence South 62 degrees 15 minutes 00 seconds Fast 459.48 feet to an existing iron pipe, the point or place of beginning, being 1.13 acres, more or less, in accordance with that "Plat of Survey for Ebbie Howard, Jr.," by Edward B. Latham, PLS, dated July 25, 2008, a copy of which is attached hereto and specifically incorporated herein by reference. Being also known as Lot Number SIX (6) of Bryan's Trent Rive Farm as shown on that map of record in Map Book 2, at Page 118, in the Office of the Register of Deeds of Craven County. Being the same property conveyed by Ray D. Williams and wife, Edythe I. Williams, to Ernest E. Cahoon and wife, Sarah S. Cahoon, by deed dated March 16, 1966, appearing of record in Book 697 at Page 184 in the Office of the Register of Deeds of Craven County. The said Sarah S. Cahoon is deceased, having dial in 2004. The said Ernest E. Cahoon is also deceased, having died on September 8, 2007 (Craven County Estate File No. 07-E-629), and Grantors Ernest Ray Cahoon and Ella Frances Williams are his heirs and all of his heirs at law. TOGETHER WITH any and all riparian rights of Grantors which are appurtenant to the above described property. This conveyance is made subject to any and all easements, rights -of -way and restrictive covenants of record. Page 4 of 4 MEWED OCT 0 3 2013 DCM-MHD CITY Book: 2746 Paae: 57 Sea: 4 Page 5 Of. 5) 3' FZVOO ZaNE VO9 ems, - n:'[s ,g4sr,eeAresaA�A rvareierA)Y a�sr7Nd A15PdB'L �.�.sePnAM,J sU69Y.ts/iDVgo<.d'Yi — YJ//SPLM/fJyp //1ps y,PllAfVaR �N/Qh'AY�i' sTA44r/f�A'r%�M® � 7PA AW lII4/N!D',llgpftlAa f 9tete of North Cerojjai CouuntY of Craven pt I, ckl v l3eCKfr Revier Oltiaer of Craven County, certify that the map of plat to which this certification is affixed meets all statutory ra for recording. 4'+lrement Date:-L I, &W~ s" ZAYMW, i/Y 9h, Y N1/s AIW WA$Ablmwffy' 'r A4e/n ANAwtic Rilv�e/c4drof>fw YM= rApy/iP9/evHv "a' mg, � 'AIn4ie Ie: TVP of 6M m2746 P661 &,W,f /rf A09 (Go/,e/w) P,M70-5-theW yi�3Q ,EBB/O M Wi OW .re 3/;FP&4441 etvaees/A44',AeWAMw ,Nc. //iL, "-AVl1/Nv AFcbL GYMS. B, 14Cr1Ni 7/+s�14"RA6Ffale4l, /AB.1, /;.//B N,'77PW,Y0N/P +MAYBj glN,y SeA[e,I'�Sv' aFsr�sYRvrl9lt4r• $� .7df�/T✓!1008 sueYVYev.laynw es= A9w IWv .VC- "U'42 CAV) 677-4WS' RECENED .4/NIe OCT U 3 2013 cs,2/9n4) .° DrV.,NMDCITy Hook: 2746 Paue: 57 Sea: 9 IM ENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director November 7, 2013 Mr. Ebbie Howard P.O. Box 15107 New Bern, NC 28561 Dear Mr. Howard: Natural Resources John E. Skvarla, III Secretary The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property adjacent to the Trent River at 312 Madam Moores Lane, in New Bern, Craven County. It was received on October 17, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is December 31, 2013. 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 October 17, 2013, 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. 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808.28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity l AHinnallo Acton Employer An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Icy Brad Connell Coastal Management Representative m Enclosure CC: Ted Tyndall, Assistant Director Doug Huggett, Major Permits & Federal Consistency Coordinator Roy Brownlow, District Manager Charles Jones, Authorized Agent for Mr. Howard 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanagement.net An Equal Opportunity\ Affinalive Action Employer PITA rn 'n 01 Td ,'11 M. c.. 5. COMMENTS ACCEPTED THROUGH APPLICANT: Mr. Ebble Howard P.O. Box 15107 New Bern, NC 28561 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Sired Connell 600 commeirce Avenue Morehead Cft, NC 28557 I NCDENR North Carolina Department of Environment and Natural Resources Division of,Coastal Management Pat McCrory Governor The Sun Journal Legal Advertisement Section P.O. Box 1149 New Bern, NC 28563 Re: Public Notice — Ebbie Howard Dear Sir: Braxton C. Davis John E. Skvarla, III Director Secretary November 7, 2013 Please publish the attached Notice in the November 13, 2013 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, C 4 Brad Connell Coastal Management Representative Enclosure cc: Doug Huggett Ted Tyndall Roy Brownlow 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccoastalmanigement.net An Equal Opportunity \ Affirmative Action Employer 74 I NC®ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on October 17, 2013. According to said application, Mr. Ebbie Howard proposes to construct a 5-slip docking facility within the Trent River, at 312 Madam Moores Lane, in New Bern. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to December 3, 2013, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: November 13, 2013 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.necoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer Noon tardma Department of qnvronmgnt and N ufal Resources Division of CIMI Manegenwnt Pat McCrary Braxt C. Davis John E. Skvada, III Governor 0, Sethi Pal McCrary Bqi Davis The Sun journal Legal Advenisemenl Scoo. P.O. Box 1149 New Bans. NC 283G3 Re: Public Notice -EsId. Howard Ocm Sir Pleau publish the attached Notice an dre Now The State Office of Budget and Managrme payment for new"." e&rrt.in' M. notiac, and ao original iovoi. to Artleur Coma,vw Avenue, Morehead Chly, North Thad, you for your assistance in this meuer. our Morehead City office. 5& Brad Cornell Couml Management Represetuauve E'iatvua cc: Doug Hugger Ted Tyndall any Browelow wwmvuvtM.+,ao1*rw November 7.2013 dur 13, 2013 Issue df the Carteret News Times requires an origiad Affidavit of Publication prior to and Ne aHidari4 original copy d the publiYre t radiant, NC Div' d Coastal Management. 100 ardina 28aa], Tel bone M2) 80S280g. f you should have ,Iny questions, pleose contact . at X-0 ZOO/ZOO WOa 8£.00 WYLb:OT LO-TT lTnsad abed apoW Burly amt1gs74S SaT.xaS OEXS-XOS : xiOaHW WOO : nHS KVSt,:OT ETOZ-LO AON 4aodag puaS xp, 085b8E96 OZT iaqumN/amaN 'ON emum TaPOW ameN XVA .xagmnN Xeg amTS/age0 RECEIVED OCT 17 2013 DCM-MMCffy ■ Campl tterrls 1, 2, and 3. Also complete A ure Item 47f Restricted Delivery Is desired. X ■ Print your name and address on the reverse g(Rin so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received —f—/_ ka or on the front If space permits. / 1. Article Addressed to: D. Is del" address If YES, enter deW PC) go� 323� C. a. Type tAe 2 �d5�4 Mail o InsuredRegistered 4. Restricted Deliven tSKS" ❑ Agent C. Date of Deliver /U- 17 ❑ Yes ❑ No Merchandise ❑ Yes 2. Article Number 7009 2250 0002 8368 9371. (Transfer from service _. PS Form 3811, February 2004 Domestic Return Receipt 10259502-M-IM ■ 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 cam to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. 1- Amcie Addressed to: C.Rg1es pR-eS po &DY i�ob �exz -13e raj/ ►JG Z 65(3 �• ^�arveP oY (vinlbQ Narrre) C. Date of Deliver D. Is delivery address different from item 17 ❑ Yss If YES, enter delivery address below: ❑ No 3 lype Certified Mail Mali Registered ❑ Insured Mail Return Receipt for arch 4. Restricted Delivery! F%ta Fee) p yes 2. Article Number Mmwfer from service ral 7009 2250 0002 8368 9388 PS Form 3811. February 2004 Domestic Retum Receipt lozsssoz-M-lsac JONES COASTAL CONSULTING INC BS. 252-729-9711 296 BAY DR SMYRNA, NC 28579-9533 1110 85.112/531 1 c� -2 BAANCN WP01 I $ BfUN NBPNpDCOMPANY � V -0OOfLD�_■ -UNNNKK1BlD8fV ■ K M 1:0 5 3 10 1 1 2 11:000 5 2944 19 39 11120 1110 RBMV,ED OCT 0 3 2013 DC'V-M9DCITY N.C. DIVISION OF COASTAL MANAGEMENT -14 AGENT AUTHORIZATION FORM Date ` - S - 3 Name of Property Mailing Address: �ss D t � 0 Applying MM I certify that I have authorized (agent) awys �, \-)o Oe-S to act on my behalf, for the purpose of applvin¢ for and obtainine all CAMA Permits necessary to install or construct (activity) at (my property located at) M This certification is valid thru (date) _I 2- C • I 2 Property Owner Signature Date RECEIVED OCT 0 3 2013 DCM MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ebbie Howard 2. LOCATION OF PROJECT SITE: The project is located adjacent to the Trent River, at 312 Madam Moores Lane, in New Bern, Craven County. Photo Index — 2006: 71-6302, grids G-5; 2000: 71-829, grids G-5. State Plane Coordinates - X: 787646.640 Y: 150337.090 Longitude: -077 02 49.70 Latitude: 35 05 22.04 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit—10/1/13 Was Applicant or Agent Present — Yes Photos Taken — No 5. PROCESSING PROCEDURE: Application Received — cc: 10/17/13 Office — MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Craven County (10/29/2009) Land Classification from LUP — Developed (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic Planned -None (F) Type of Development: Existing —Residence, dock, and bulkhead Planned - Dock expansion and additional 3 boat slips (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water 6,500 ft2 (E) Total Area Disturbed: 6,500 ftL (F) Primary Nursery Area: No (G) Water Classification: SB, Sw; NSW Open: No (H) Cultural Resources: None 8. Project Summary: The applicant proposes to expand his existing docking facility, for private use on the Trent River, Craven County. Field Investigation Report: Ebbie Howard Paae 2 9. Narrative Description: The project is located adjacent to the Trent River, at 312 Madam Moores Lane, off of NC Hwy 70, in James City, Craven County. This property is developed with a single family residence, a dock, and shoreline stabilization. There is approximately 110' of estuarine shoreline on the 1.13 acre lot. The existing docking facility was permitted on 8/18/2008 via General Permit # 51225. This permit is referenced in the application package on Form DCM MP-1, 6, g. This General Permit authorized the construction of a 16' wide and 24' long boathouse. The submitted work plan drawing in the application package labeled "Proposed Improvements Sheet 2 of 3," renders the existing boathouse roof line (excluding the surrounding catwalk) dimensions to be 19' wide and 26' long. This work plan drawing was prepared by Brad L. Suitt & Assoc., P.A. on October 2, 2013. The immediate offshore water depths in this area are —3.0' to 15.0' normal water level (nwl). The subaqueous substrate is firm and without shell. There is not a cultural resource in the nearby vicinity of the project area. This waterbody is 1,165' across at the most constrictive point in the project area. These waters of the Trent River are not classified as a Primary Nursery Area. There is submerged aquatic vegetation present in the nearby vicinity, inshore of the project area. This area is closed to shellfish harvest and is classified as SB, Sw; NSW. The defined Federal Channel in this area is approximately 100' north of this project site. The Trent River is a part of the Neuse River basin. 10. Proposed Development: The applicant proposes to expand an existing private residential docking facility in order to support five boat slips within the Trent River, adjacent to 312 Madam Moores Lane, in New Bern, Craven County. The applicant proposes to construct a new catwalk around an existing boat lift, install two new personal watercraft (PWC) lifts, and create a new wet slip at the existing 2-slip docking facility. It will be for private use at a single family residence. The adjacent properties on either side are single family residences with dock structures. The proposed catwalk will extend around the existing boat lift on the western side of the dock. This walk will be 3' wide and 45' long. It will provide access to the other side of the existing boat lift, for boat access and maintenance. The two proposed PWC lifts will be installed on the south side of the walkway access of the two existing lifts. Both PWC lifts would be mono -pole boat lifts. This wet slip will be on the east side of the existing pier walkway and south of the existing "L" platform. This wet slip will be defined by a proposed supporting tie piling. The wet slip will be 20' wide and 30' long. The proposed wet slip with a supporting tie piling and the two PWC lifts will add three additional docking spaces to the existing two docking spaces for a total to five boat slips at this docking facility. Brad Connell November 7, 2013 Morehead City Field Investigation Report: Ebbie Howard 10. Anticipated Impacts: The incorporated footprint of the existing docking facility is 6,365 square feet. This proposed expansion will result in the usurpation of 6,500 square feet of Public Trust Estuarine Waters. The proposed catwalk will shade an additional 135 square feet of open water, making the total shading impact to be 1,285 square feet of platform and roof area along 110' of shoreline. The proposal will increase the number of slips at this facility from two up to a total of five. There is not a cultural resource in the nearby vicinity of the project area. Water depths where the expansion is proposed will approximately be in the -3' to -7' nwl depth contour. These waters of the Trent River are not classified as a Primary Nursery Area. There is submerged aquatic vegetation immediately inshore of the proposed footprint of this docking facility. This area is closed to shellfish harvest and is classified as SB, Sw; Nutrient Sensitive Waters. There is a defined Federal Channel approximately 100' north of this project site. This proposal will not encroach into the Federal Channel. Brad Connell November 7, 2013 Morehead City V1 Jones Coastal Consulting, Inc. 296 Bay Drive Smyrna, NC 28579 Telephone: 252-729-9711 RECEIVED OCT 17 2013 October 16, 2013 DCA MRDCny Mr. Brad Connell NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Dear Mr. Connell: I am in receipt of your October 14`s email (copy attached) in which you requested further information on the CAMA major permit application submitted by Mr. Ebbie Howard for development activities adjacent to his property located on the Trent River and Madam Moores Lane, near New Bem, NC. You indicated that this information must be revised before DCM can process the application package, I will address the points you raised in your email: 1. Please see my supervisors additional comments attached to this email, - I'm assuming the questions raised by your supervisor concerning the size of the existing structures are directed to you for your inclusion in the DCM field report. As you know, the size and dimensions of the existing dock and boathouse and the proposed catwalk are already shown on the scaled plats prepared by Mr. Brad Suitt, a registered land surveyor. The proposed catwalk dimensions are also provided in CAMA application form MP-4 (1)(d). (The information on the existing structures should also be readily available in DCM's file for the various general permits issued on this property.) - Concerning the 8 sq. ft. rule, please see the justification for exceeding this limit both in the cover letter narrative and in the answer given for the purpose of the project required in the CAMA permit application (MP-1 (5)(b). If additional information is needed for further justification, please let me know. - The proposed tie -off piling is not a "free standing mooring piling". In my understanding that a "freestanding mooring" is any means to attach a ship, boat, vessel, floating structure or other water craft to a stationary underwater device, mooring buoy, buoyed anchor, or piling (as long as the piling is not associated with an existing or proposed pier, dock, or boathouse. This proposed tie-up piling is associated with the existing dock and this piling will only allow for the port bow of a boat to tie to the proposed piling. The other quadrants of a boat will be tied to the existing dock. There is no special marking proposed for the tie-up piling. 2. Form DCM MP-1, 5g: please revise your answer to check the "Yes" box; - I have revised the form and checked the "Yes" box. While the area is clearly public trust waters and the public has the rights to use the area, it can be debated whether the public has "established" a use to this specific area but the form is changed per your request tv 3. Form DCM MP-1, 6f: please submit the signed certified mail return receipt cards; - I mailed the signed cards to you last week but have enclosed additional copies. 4. Form DCM MP-4, 2: please check the "This section not applicable' box. - I have revised the form per your request. The reason I did not originally do so was because I thought some of the general questions in MP-4(2) were related to any "docking facility" and not just marinas. Thank you for your assistance in this matter and if you have any further questions, please don't hesitate to contact me. Cordially yours, 1`/ I�IC/1/ Charles Jones 1CC, Inc. RECWW Enclosures OCT 17 M13 Cc: Ebbie Howard (w/enclosures) DCM..%MCny Connell, Brad From: Connell, Brad Sent: Monday, October 14, 2013 1:51 PM To: 'Charles Jones' Subject: Ebbie Howard application revisions request Attachments: Roy's initial comments_10-9-13.jpg Importance: High Mr. Jones, This application is thorough and well prepared. However, the following items must be revised before the DCM can process this application package: 1. Please see my supervisor's additional comments attached to this email, 2. Form DCM MP-1, 5g: please revise your answer to check the "Yes" box; 3. Form DCM MP-1, 6f: please submit the signed certified mail return receipt cards; 4. Form DCM MP-4, 2: please check the "This section not applicable" box. Your patience and understanding in this matter is greatly appreciated. The DCM is looking forward to your corrections before this application package can be accepted as complete. If you need any assistance in the interim, please do not hesitate to contact me. Thank you, Brad Connell Field Representative NC Division of Coastal Management Peace be w Ih you. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 9"X d-o oaf s (o/'? R.a•sa - OAW 444- AROr liwli S'�yw cu�lul.�k �s� 4 69 1 "Connell, Brad" <brad.connell@ncdenr.gov>i? October 14, 2013 1:51 PM o: Charles Jones <cjones19@ec.rr.com> Ebbie Howard application revisions request ^ ((�'r 1l F1 1 Attachment, 343 KB Mr. Jones, This application is thorough and well prepared. However, the following items must be revised before the DCM can process this application package: 1. Please see my supervisor's additional comments attached to this email; 2. Form DCM MP-1, 5g: please revise your answer to check the "Yes' box; 3. Form DCM MP-1, 6f: please submit the signed certified mail return receipt cards; 4. Form DCM MP-4, 2: please check the "This section not applicable" box. Your patience and understanding in this matter is greatly appreciated. The DCM is looking forward to your corrections before this application package can be accepted as complete. If you need any assistance in the interim, please do not hesitate to contact me. Thank you, Brad Connell Field Representative NC Division of Coastal Management Uii" OCT 17 ?nil ACM -MAD CITY Peace be with you. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. RELIVED COPY ocT 17��,� DCM MM CTCY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No IN) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic tank system o. Describe existing drinking water supply source. County water p. Describe existing storm water management or treatment systems. na 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment ®Private/Commun'lly b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose of the project is to: 1) construct a catwalk on the south side of the existing uncovered boat lift. This will provide safe access to the south side of the boat lift allowing for the maintenance of both the boat lift and the vessel's hull; 2) add two jet skis to the docking facility and 3) add an additional piling to create an additional boat slip area on the north side of the existing dock. The use of the docking facility will be for the use of the property owner and invited 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. A pile driving barge will be used to install pilings and typical hand tools will be used to install decking. The pile driving should be accomplished in less than a day with the equipment arriving and leaving in the same day d. List all development activities you propose. 1) Add a catwalk to facilitate safe access to an existing boat lift; 2) install 2 jet -ski lifts to the existing dock structure and 3) install one additional piling on the north side of the existing to provide an additional boat slip e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? NA ❑Sq.Ft or ❑Acres g. Will the proposed pmject 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. NA i. 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 If yes, attach a mitigation proposal. <Form continues on back> OCT 0 3 Z013 g nFr.s"�.r' 2b2-808-2808 .. 5- -.. .. :, eiT .. w w. n c c o a s t a i m a na a Y' PITY F9rm E�GM MP-4 (structures, Page 2 of a) '4 m. (i) Will the facility have tie pilings? ❑Yes ONO ®Yes ❑No 'r (III If yes number of tie pilings? 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. Location: na ❑ Showers ❑ Boatholding tank pumpouk Give type and location: na b. Describe treatment type and disposal location for all sanitary wastewater. na C. Describe the disposal of solid waste, fish offal and trash. Trash will be taken ashore and disposed in accordance with state and local laws d. How will overboard discharge of sewage from boats be controlled? na e. (i) Give the location and number of 'No Sewage Discharge signs proposed. na (it) Give the location and number of'Pumpout Available* signs proposed. na f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. na g. When: will residue from vessel maintenance be disposed of? na h. Give the number of channel markers and "No Wake" signs proposed. na i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. na j. What will be the marina policy on overnight and live -aboard dockage? na k. Describe design measures that promote boat basin flushing? open water iECEWED OCT 0 3 2013 252-S08-Z€Sltc. :: '6-e,aF-aRCOAST reviseo-':. ■ GMPl rta items 1, 2, and 3. Also complete Item 4111' Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: TO&& S PO (3a� 3Z3T Ir i 4 C 2 S%4 X , ❑ bent ❑ Addressee B. by (Printed AW }— 1 C. Date of Delivery % — D. Is delivery addrms diRaent 17 ❑ Yes If YES, enter delivery address below: ❑ No 3. Ice Type ed Ma*OC Mail ReglsleredReceipt Memh ❑ Insured Mail 4. Restricted Delivery? aDrfra Fee) ❑ Nies 2. Article Number 7009 2250 0002 8368 9371 (Transfer from service Ps Form 3811, February 2004 Domestic Return Receipt _ 1-*1e40 ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Prim your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: C�.R�1�s Qfe-eS po �x iSo� �ew �er�►1 ► C, Z S5b� A. X Signet ftc&ft by (Pri Name) C. Date of Delivery ro-7-/ , OCT 15 2013 D. Is delivery address different from Item 17 ❑ Yes If YES, enter delivery address below: ❑ No 3 lype Certified Mall F�ress Mail Registered Retum Receipt for arch ❑ Insured Mail 4. Restricted Delivery? (Fzoa Fee) 0 yes 2. Article Number (Trensfer1run service lei 7009 2250 0002 8368 9388 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02.M.1540 im 1 .. • f ,cp3 (Livlai,/ 1. 2. Q 5. 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Ebbie Howard LOCATION OF PROJECT SITE: The project is located adjacent to the Trent River, at 312 Madam Moores Lane, in New Bern, Craven County. Photo Index — 2006: 71-6302, grids G-5; 2000: 71-829, grids G-5. State Plane Coordinates - X: 787646.640 Y: 150337.090 Longitude: -077 02 49.70 Latitude: 35 05 22.04 INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date of Site Visit—10/1/13 Was Applicant or Agent Present — Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 10/17/13 Office — M 4C SITE DESCRIPTION: (A) Local Land Use Plan —Craven County /v f 24 t zo00Y Land Classification from LUP — Developed (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic Planned - None (F) Type of Development: Existing — Residence, dock, and bulkhead Planned - Dock expansion and additional 3 boat slips (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: 11 (A) Open Water 11 11 11 6,500 ft' 11 (E) Total Area Disturbed: 6,500 ft` (F) Primary Nursery Area: No (G) Water Classification: SB, Sw; SW Open: No (H) Cultural Resources: None ProK. Project Summary: The applicant wishes to expand his existing docking facility, for private use on the Trent River, Craven County. w Field Investigation Report: Ebbie Howard Page 2 9. Narrative Description: 0 Fr 'a /y�(At The project is located adjacent to the Trent River, at 312 Madam Moores Lane, off of NC Hwy 70, in James City, Craven County. This property is developed with a single family residence, a dock, and shoreline stabilization. There is approximately 110' of estuarine shoreline on the 1.13 acre lot. The immediate offshore water depths in this area are —3.0' to 15.0' normal water level (nwl). The subaqueous substrate is firm and without shell. There is not a cultural resource in the nearby vicinity of the project area. This waterbody is 1,165' across at the most constrictive point in the project area. These waters of the Trent River are not classified as a Primary Nursery Area. There is submerged aquatic vegetation present in the nearby vicinity, inshore of the project area. This area is closed to shellfish harvest and is classified as SB, Sw; NSW. The defined Federal Channel in this area is approximately 100' north of this project site. The Trent iver is a part of the Neuse River basin. 10. Proposed Develop ent: Ne fitly Zr ' L plicant s to expand an existingdocking facility in order to support five boat slips within ntRiver, adjacent to 312 Madam Moores Lane, in New Bern, Craven County. The applicant to construct a new catwalk around an existing boat lift, install two new personal watercraft (PWC) lifts, and create a new wet slip at the existing 2-slip docking facility. It will be for private use at a single family residence. The adjacent properties on either side are single family residences with dock structures. The proposed catwalk will extend around the existing boat lift on the western side of the dock. This walk will be 3' wide and 45' long. It will provide access to the other side of the existing boat lift, for boat access and mainten ce. The two proposckpW lifts will be installed on the south sid of the walkway access of the two r'z"5 ZjAt� existing lifts. e s e-po a oat lifts /� " ay w nn v t y{s� a �R rof•ul7t l 'S 'I/ Ac�i 3 4os <*w l % +5� t +v�.t The proposed wet shipP,� I totalQ}tfive boat slips at this docking facility. This wet s ip will be on the east side of 4te existing pier w ay and south of the existing "L" platform. This proposed fifth boat slip will be defined by a tie -pi g. The wet slip will be 20' wide and 30' long. 10. Anticipated Impacts: /Nre 71 This proposed expansion will result in the usurpation of 6,500 square feet of Public Trust Estuarine Waters. The proposed catwalk will shade an additional 135 square feet of open water, making the total shading impact to be 1,285 square feet of platform and roof area along 110' of shoreline. The proposal will increase the number of slips at this facility from two up to a total of five. There is not a cultural resource in the nearby vicinity of the project area. Water depths where the expansion is proposed will approximately be in the -3' to -7' nwl depth contour. These waters of the Brad Connell November 6, 2013 Morehead City Field Investigation Report: Ebbie Howard Page 3 Trent River are not classified as a Primary Nursery Area. There is submerged aquatic vegetation immediately inshore of the proposed footp ' t of this docking facility. This area is closed to shellfish harvest and is classified as SB, Sw; Nu ' nt Sensitive Waters. There is a defined Federal C el approximately 100' north of this pro site. r u' -T �' ' ='T ter- AO I c vo,.P�1 1.14 VI PO Mow Brad Connell November 6, 2013 Morehead City North Carolina Pat McCrory Governor DATE: November 7, 2013 TO: Doug Huggett THRU: Roy Brownlow FROM: Brad Connell 01ROAR Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director MEMORANDUM John E. Skvarla, III Secretary LD, SUBJECT: Comments d Recommendations - CAMA Major Permit —Mr. Ebbie Howard, Craven County The follo my assessment and consequent recommendations of the above ref enced proposal: This proposa impact approximately 6,500 square feet of Public Trust Waters. 74 �^ ' �4z Czo These w�a ers oTth Yrrent River are closed to shellfish harvest. ere is submerged aquatic vegetation in the nearby inshore vicinity of the project area. This waterbody is of a Primary Nsery Area. This proposal will not be a hazard to navigation. \ , S ,T o, tc7 W pw � r ay � I However, the total proposed square footage for shading impacts is greater than 8 square feet oer linear foot of shoreline, as Mr. Howard has 110' of shoreline along the Trent River. 15A NCAC 07H .0208(b)(6)(B) states l i cl that: The total square footage of shaded impact for docks and mooring facilities (excluding the pier) x rs b allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater 0au_dw_%stated in this Rule shall be permitted only if the greater D r cannot otherwise square feet (ref. 15A NCAC 07H gr to support a water dependent use that r _ V 3Yre e -hiek .ease. Theonon-conforming development rules can be found in 15A NCAC 07J .0211, which states that: fv ✓�, "A non -conforming structure is any structure within an AEC other than Ocean Hazard and Inlet Hazard AECs that is inconsistent with current CRC rules, and, was built prior to the effective date(s) o the rule(s) ) CAN "t 5'�ys ,i , u:, c� P Y{e to ' Howard November 7, 2013 Page 2 of 2 with which it is inconsistent. Replacement of such structures shall be allowed when all of the following criteria are met: (1) the structure will not be enlarged beyond its original dimensions; (2) the structure will serve the same or similar use; (3) there are no practical alternatives for replacing the structure to provide the same or similar benefits in compliance with current rules; and (4) the structure will be rebuilt so as to comply with current rules to the maximum extent possible. " CC: Roy Brownlow, DCM Ted Tyndall, DCM 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-2808 \ FAX: 252-247.3330 Intemet: www.no=stalmanagement.net An Equal Opportunity 1 Affinative Action Employer ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Ebbie Howard Date: 1177/13 Project Site County: Craven Staff: Brad Connell District: ❑Elizabeth City ❑Washington ®Morehead City []Wilmington Project Name: N/A Date of initial application submittal (EX: 1/8/2007): 10/17/2013 Date application "received as complete" in the Field office (EX: 1/8/2007): 10/17/2013 Permit Authorization: NCAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes NNo Photos Taken: Yes ❑ NoN Setback Required (riparian): []Yes N No Critical Habitat: ❑Yes ❑No NNot Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: [-]Yes NNo SAV: NYes [-]No []Not Sure Shell Bottom: ❑Yes NNo ❑ Not Sure Temporary Impacts: ❑Yes NNo Sandbags: ❑Yes NNo []Not Sure Did the land use classification come from county LUP: NYes ❑No Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: ❑Yes NNo ❑NA Environmental Assessment Done: ❑Yes ❑No N NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bulirush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 N III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 N I. Private no dredge and/or fill - $250 ❑ III(C) Priv, public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1.888-4RCOAST :: wvvw.nccoastaimanaciement.net revised: 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Ebbie Howard Date: 11M13 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 Boat lift 2 New Work ® Replace 8' 6' Maint ❑ ❑ Y ®N ' Finger pier 1 New Work E Replace 48' 3, Maint ❑ ❑ Y ON Mooring piling 1 New Work E Replace Maint ❑ ❑ Y E N Boat slips 5 New Work E Replace Maint ❑ ❑ Y ON New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ I ❑ Y ❑ N revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant: Ebbie Howard Date: 11/7/13 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount OW Dredge ❑ Fill ❑ Both ❑ Other ® 6,500 fe 6,500 It' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmenaaement.net revised:02/15/10