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Permit Class Permit Number
NE 179-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources O
f and PY
: Coastal Resources Commission
r
LILT 2M
for
X Major Development in an Area of Environmental. oncern oad City Nj
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS It 3-229
Issued to Raymond Pysher, 801 Creek Crossing Trail, Stoney Creek,NC 27377
Authorizing development in Carteret County at adj. Bogue Sound, 267 Live Oak Road,
Newport , as requested in the permittee's application dated 6/20/05, including the
attached workplan drawings (3), 1 dated revised 7/18/05, 1 dated revised 10/10/05, and 1 dated 11/14/05
This permit, issued on Nnvemher 29,2005 , is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes set forth below.Any violation of these terms may
be subject to fines, imprisonment or civil action;or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the docks,piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures may be conducted on, in or over public trust
waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered Charles S. Jones,Director
hereunder requires further Division approval. off Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Yaiure of Permittee
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Raymond Pysher Permit#179-05 �
Page 2 of 4
ADDITIONAL CONDITIONS f
A `� xx44 J
I A�
3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
4) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
5) The permittee shall maintain the authorized work in good. condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
6) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
7) This permit authorizes a maximum of five (5) new boat slips resulting in a total of seven (7) slips on-
site, all as referenced in the attached workplan drawing,revision 3 dated 10/10/05.
Excavation
8) In order to protect juvenile shrimp and finfish populations,no excavation or filling shall be permitted
between April 1 and September 30 without the prior approval of the N.C. Division of Coastal
Management in consultation with the Army Corps of Engineers and the N.C. Division of Marine
Fisheries.
9) Excavation shall not exceed 4' feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
Spoil Disposal
10) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. At a minimum, a silt fence shall be installed on the west
side of the soil disposal area to prevent the materials from eroding onto the adjacent property owners
peoperty.
11) The disposal area shall be properly graded to pre-construction elevations and provided a ground cover
sufficient to restrain erosion within 30 working days of project completion.
Shoreline Stabilization
12) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead and shall be
located landward of any coastal wetlands.
13) The alignment of the permitted bulkhead shall be staked by the permittee and approved onsite by a
representative of the Division of Coastal Management.
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7 R-aymond Pysher Permit 11179-OS
Page 3 of 4
ADDITIONAL CONDITIONS �
14) The bulkhead shall be constructed prior to any backfilling activities.
15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
16) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by Department personnel.
17) A silt fence shall be properly installed immediately landward of all bulkhead caps immediately
following completion of backfilling activities.
18) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
19) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
20) The fill material shall be clean and free of any pollutants except in trace quantities.
General
21) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
22) The West Indian Manatee (Trichecus manatus), which is listed as a federally endangered species, has
been reported in North Carolina waters. In order to protect the West Indian manatee all work should be
done during the period from November 1 to May 31. If work must be done during the period from June
through October the enclosed guidelines, entitled "Precautions for General Construction in Areas Which
may Be Used by the West Indian Manatee in North Carolina" shall be followed.
23) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
24) No vegetated wetlands shall be excavated or filled, even temporarily.
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R—aymond Pysher Permit #179-05
, Page 4 of 4
ADDITIONAL CONDITIONS
AMOTE:_ This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required. {
NOTE: Future development of the permittee's property may require a modification of this permit.
>� Contact a representative of the Division at (252) 808-2808 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 051556), which was issued on 9/26/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200501106.
A,jfn,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
November 28,2005
Mr.Raymond Pysher
801 Creek Crossing Trail
Stoney Creek,NC 27377
Dear Mr. Pysher:
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. Please sign both the original (buff-
colored form) and the Xerox stamped "Copy". 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. Please retain the original
(buff-colored form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
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 is to your benefit to be sure that he fully understands
all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
Av&
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ray Pysher
2. LOCATION OF PROJECT SITE: 267 Live Oak Road in Bogue, Carteret Co.
Photo Index -2000: 39-479 grid (P15)(Q15) 1995: 39-479 grid (Q22)(R22)(S22)
State Plane Coordinates -X: 2600604.261 Y: 349810.755 Rover#J72215A
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE:Dates of Site Visit—7/11/05, 7/22/05
Was Applicant Present- No
5. PROCESSING PROCEDURE: Application Received—July 21, 2005
Office—Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Carteret County
Land Classification From LUP—Limited Transitional/Conservation
(B) AEC(s) Involved: Coastal Wetland, Public Trust Area,Estuarine Water
(C) Water Dependent: Yes
(D) Intended Use: Provide private docking for single family residence.
(E) Wastewater Treatment: Existing—On-site Septic
Planned - N/A
(F) Type of Structures: Existing—Single Family Residence
Planned - Dock, Platforms, Boatlifts, Bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source—N/A
7. HABITAT DESCRIPTION:
DREDGED FILLED 01HER
(A) High Ground 5,805 ft2
(B) Open Water 475 ft2 Incorp.
306 ft2 Shaded
(C ) Shallow Bottom Habitat 9,835 ft2
(D) Total Area Disturbed: 16,115 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to dredge around a ramp and docks. This area
would be connected to AIWW with an 82'X20'(1640ft2) access channel. An existing boatlift would be
relocated to the dredged area. Finger piers and docks would also be constructed in the dredged area. A
145' section of bulkhead- ould be replaced.
Field Investigation Report:
Ray Pysher
Page 02
9. Narrative Description:
The Ray Pysher project is located at 267 Live Oak Road in the community of Bogue, Carteret
County. Live Oak Road lies just south of N.C. Hwy.24 on the eastern side of Goose Creek.
Bogue Sound borders the site to the South.
Ray Pysher's property at 267 Live Oak Rd. is 1.05 acres in its entirety and varies from 0' to
9' in elevation above NHW. The high ground portion of the site is landscaped and has a
single-family residence existing. The driveway and all utilities for the home are in place.
The home is connected to an on-site septic system. The high ground peninsula is stabilized
with sections of bulkhead and rip rap. There is a drainage ditch on the eastern side of the
property that contains Smooth Cordgrass (Spartina alterniflora). Smooth Cordgrass (Spartina
alterniflora) also exists in patches along rip rap sections. Existing on the peninsula is a
concrete boat ramp, a series of docks and the remnants of old docks. Also existing are two
boat lifts and two jet ski davits. The substrate in this area is mostly silt and sand.
The Division of Water Quality classifies this area as SA-ORW waters. This area is not a
Primary Nursery Area but is open to the taking of shellfish. Carteret County's Land Use Plan
dated 1996 classifies this area as Limited Transitional and Conservation. There are no
shellfish leases in this area.
10. Proiect Description:
In an effort to gain boating access to the property, Ray Pysher proposes to excavate an
82'X20' access channel connecting the AIWW to the peninsula on his property. He also
proposes to excavate three areas around the peninsula. These areas would be 105'X71',
32'X15', and 20'X13' respectively. In the excavated area he proposes to construct three
docks that would be 35'X2', 24'X4', and 35'X4' respectively. A boatlift would be relocated
to the excavated area and a new 145' bulkhead will be placed on the east side of the peninsula.
The proposed access channel would begin 100' waterward of the peninsula at the-4' NLW
contour and extend landward 82'. It would be 20' wide and 122 yd3 of material would be
removed. Around the peninsula, three areas would the excavated for docking and launching
boats. Off the end of the peninsula, a 13'X20'(25 yd3) area would be excavated and a boatlift
would be moved from the east side of the peninsula to this area. The two other areas would be
on the western side of the peninsula around the boat ramp and docks. They would be
105'X71' (690 yd3) and 15'X32' (45 yd3) respectively. All excavated areas would have a
connecting water depth of-4'NLW. On high ground a 43'X135' area is available for spoil
disposal and is 30' landward of NHW. In the excavated area the applicant also proposes to
add three docks. They would be 35'X2', 24'X4' and 35'X4' respectively. The existing
docking facilities along with the proposed improvements would result in a total of 7 slips. On
the eastern side of the peninsula,the applicant proposes to replace 145' of bulkhead with new
vinyl bulkhead.
Field Investigation Report:
Ray Pysher
Page 03
10. Anticipated Impacts:
The proposed improvements at 267 Live Oak Road would result in 475 ft2 of open water
incorporated of which 306 ft2 would be shaded. A total of 9,835 ft2 would be excavated
which would result in the removal of 882 yd3 of material. The excavated material would be
placed on high ground disturbing 5,805 ft2. An increase in turbidity would occur during the
excavation process. There should be no hazard to navigation. No coastal marsh would be
affected by this project.
Ryan Davenport Morehead City July 29,2005
Form DCNI-NM1
APPLICATION
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
c. Street address or secondary road num er
a. Landowner:
��S\k�� d. Is proposed work within city limits or planning
Name �� M O NUJ jurisdiction? Yes _, No
p
Address 80 free n �CL; ( e. Name of body of water nearest project (e.g. river,
creek, sound, bay) L 2 �e S0V, c�
City al y►e�YQ State _.
Zip o -7 7 Day Phone 33b- arSb'043 5
Fax 33b-4-�o- �o"1S 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
a. List all development activities you propose (e.g.
Name building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address I� c�.o c� v\t w
V, v.V a n 5 a 1
State
City \: �r a C u✓�v� 2
Zip Day Phone b. Is the proposed activity maintenance of an existing
project, new work, or both? a U *�\
Fax c. Will the pro ect be for public,private or commercial
use? r.y c��e
C. Project name (if any)� e�,�� Ys �-"'a
e vJ �o r`�, d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please\\attach
NOTE: Permit will be issued in name of lmidowrner(s), and/or additional pages. K Ve D
project name. \ a f' u ti b l� cQ G S'1n 2X CQ V q 2
V-r; C He
oc S as a
2. LOCATION OF PROPOSED \A e
rl fin. vA e
PROJECT 1
r ;tee
a. County
Revised 03195
Form DCNI-NF-P-1
m. Describe existin wastewater treatment facilities.
4. LAND A.ND WATER : `- °��` �- �- ; Q_
CHARACTERISTICS
a. Size of entire tract
D 5 aeV.e S n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) 4 ) acre S wastewater, industrial/commercial effluent "wash
down" and residential discharges.) Y a c t
c. Approximate elevation of tract above MHW or
NWL Q
d. Soil type(s) and texture(s) of tract o. Describe ezistin drinking water supply source.
�ct.�au Co�� ctTe '�
e. Vegetation on tract rct 5 S
f. Man-made features now on tract ou5e S\Ae a 5. ADDITIONAL INFORMATION
(� U Y,0_vA e
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Consult the local land use plan.) following items must be submitted:
✓Conservation Transitional • A copy or the deed (with state application only) or
tl Developed Community
Rural ether other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned bJX(local government? claiming to be the owner of said property, then
e 1 a� forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed roject consistent with the applicable
from the owner to carry out the project.
zoning? Yes No • An accurate, dated work plat (including plan view
(Attach zoning compliance certificate, if applicable)
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by II" white paper. (Refer to
done for the tract? Yes i✓No Coastal Resources Commission Rule 71.0203 for a
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
yes _J,� No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? Yes ✓No Engineers regarding that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to
(Attach dommwntation if available) guide agency personnel unfamiliar with the area to the
Revised 03/95
Form DCNi-I IP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION' AND PERMISSION"
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
ad
J the application. The project will be subject to conditions
signed return receipts as proof that such owners and restrictions contained in the permit.
have received a copy of the application and plats
by certified mail. Such landowners must be advised I certify that to the best of my knowledge, the proposed
that they have 30 days in which to submit comments activity-=mpl ies with the State of North Carolina's
on the proposed project to the Division of Coastal approved Coastal Management Program and will be
Management. Upon signing this forth, the applicant conducted in a manner consistent with such program.
further certifies that such notice has been provided.
Name w; e �e I certify that I am authorized to grant, and do in fact,
Address r��� l--'v D a b a a grant permission to representatives of state and federal
Phone ,a 5 3 i4lo9 review agencies to eater on the aforementioned lands
in
connection with evaluating information related to this
Name o�cr�C U SSe-M permit application and follow-up monitoring of the
Address ���� 1_. v a D a o a project.
Phone RXQ 4.45 — 3 L 3 3
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
This is the a Q day of y" e ?05
• A list of previous state or federal permits issued for I N
work on the project tract. Include permit numbers, Print Name C %,J Itie
permittee, and issuing dates. ::2
Signature
Landow+u or Authorized Agent
L_`�J
Please indicate attachments pertaining to your proposed
• A Check made payable to the Department of project.
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the ZDCM MP-2 Excavation and Fill Information
application. _ DCM MP-3 Upland Development
DCM MP-4 Structures Information
• A signed AEC hazard notice for projects in — DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. _ DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
,
4 - _'
Form DCM-MR?
EXCAVATION
AND -FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete.all 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed project.
a. Amount of material to be excavated from below
Describe below the purpose of proposed excavation or MHW or NVf[L. in cubic yards 5! L a
fill activities. All values to be given in feet.
b. Type of material to be excavated S a.tta
2 c�",yvt-eve.
Average FUULI
Exj c. Does the area to be excavated include coastal
Length Width Depthepth e Depth�
wetlands (marsh), submerged aquatic vegetation
channel a0
Access g 2 t JOr� 4/ / (SAVs) or other wetlands? Yes t.- No
a
(MI-W) or(NNWL) d. Highground excavation in cubic yards
Canal
2. DISPOSAL OF EXCAVATED
Boat $ ? " 4ii '� MATERIAL
basin 3 V I5 " 4- 4 _`r
20 ' t5 ' / 1 g"
Boat a. Location of disposal area D tA- S; 2
ramp
;: ' """{�:� -•;yr.,-;�>
b. Dimensions of disposal area
Rock
groin
Tom'' title to disposal area
c. Do you claim ?
_�:t;. ;..:...,f� <: ....
Rock Yes No
; : <�x• ,``?:<' %-= If no attach a letter granting permission from the
breakwater ggn-
owner.
Other d. Will a disposal area be available for future
(Excluding maintenance? _IzYes No
shorctine If yes, where? On .�,� r e_
stabilization)
Y
~ ,
Form DCh141P-2 '��+ '
a. Does the disposal area include any coastal wetlands If yes, 1 2005
(marsh), SAVs or other wetlands? More (1) Amount of material to be placed in t
Yes t/No �ea'e q§ef. Does the dis osal include an• area in w ? (2) ns pf fill area
p ,� the water?
Yes No (3) Purpose of till
b. Will fill material be placed in coastal wetlarn
3. SHORELINE STABILIZATION (marsh), SAVs or-other wetlands?
Yes No
If yes,
a. Type of shoreline stabilization (1) Dimensions of fill area
i' Bulkhead Riprap
b. Length /¢.5 (2) Purpose of fill
c. Average distance waterward of MHW or NWL .
z�
d. Maximum distance w3terward of MHW or NWL 5. GENERAL
a. How will excavated or fill material be kept on sit
e. Shoreline erosion during preceding 12 months and erosion controlled? —�•c�; vine
/No ;-) R
l p
(Source of informarion) .;! . '1.1 'A 17 j7e q d
f. Type of bulkhead or riprap material
b. What type of construction equipment will be uszi
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards to be placed below dredge)
water level a ��c.`ce C�v'uGl :'A 1: .
(1) Riprap
(2) Bulkhead backfill
c. Will wetlands be cr:ssed in transporting equipment
h. T}pe of fill material Sa c� tt to project site? Yes c/ No
If yes, explain steps that will be taken to lesser
``
i. Source of fill material m a'� e v t a t .[ ca v �t-r c,
environmental impacimpacts.\ bt oa
1
a cc
4. OTHER FILL ACTIVITIES 4Applicant
Mopl d t�s�,e
roject Name(Excluding Shoreline Stabilization) 00,
a. Will fill material be brought to site?
Yes No c-
rate
Form DCM-tii.P4 JUL2 1 2005
R
S
TR S
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys
Permit, Form DCM-MP-1. Be sure to complete all (1) _ Commercial _Community _Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription, size, anchor, etc.)
a. Dock(s) and/or Pier(s)
(1) _ Commercial _Community'Private
(2) Number a 1 �a
(3) Length —Pr
4 " c3.4 `�3r a 3 S (4) Width of water body
(4) Width 1s' q ana 4 dF 3 4 (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes No shoreline
(i) Number
(ii) Length f. Mooring structure (boatlift, mooring pilings etc.)
(iii) Width (1) _ Commercial _—Community rivate
(6) Platform(s) Yes No (2) Number / herd
(i) Number (3) Length
(ii) Length (4) Width /3 '
(iii) Width
(7) Number of slips proposed S t'a are e,�;st hg� g. Other (Give complete description)
(8) Proximity of structure to adjacent riparian
property lines ISO
(9) Width of water body m2. tit 1 I e-:5
(10) Water depth at waterward e9d of pier at
MLW or NWL 0 //
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length4
(3) Width Appli or Project Name
c. Groin (e.g. wood, sheetpile, etc.) „al
(1) Number �'- e of (? 0 0 �
(2) Length(s) Date
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT:Mr.Ray Pysher County: Carteret
LOCATION OF PROJECT:Adjacent to Goose Creek at 267 Live Oak Road,Bogue,NC.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 07/21/05
FIELD RECOMMENDATION: Attached:No To Be Forwarded: Yes
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES
FIELD REPRESENTATIVE:Ryan Davenport DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: 07 O FEE REC'D: $�� 46
PUBLIC NOTICE RECD: 08//2I0.5 END OF NOTICE DATE: 00/zz/a.5
ADJ. RIP. PROP NOTICES REC'D: DEED RECD:
APPLICATION ASSIGNED TO: ON: �14eaS
C) 75 DAY DEADLINE: Ja�0��QS 150 DAY DEADLINE:
MAIL OUT DATE: 0$/1 146 STATE DUE DATE:
Q
FEDERAL DUE DATE: -1'26-O,S FED COMMENTS REC'D: 1 b
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTION NOTES
COMMENTS S:
RETURNED YES NO
Coastal Management-Regional Representative opq"g'CS
Coastal Management-LUP Consistency
Division of Community Assistance
Land Quality Section
Division of Water Quality q'
Storm Water Management(DWQ) 24-c br �l
State Property Office
Division of Archives&History
Division of Environmental Health of
Division of Highways Yr
Wildlife Resources Commission
Division.of Water Resources
�f
Division of Marine Fisheries JO�y" Z wk.- C.01,{.thy >tu � "L'►
Submerged Lands(DMF) ir— Ot 5�
U $-10-OS
Permit# d�
DCM Coordinator: p k
MAILIN(G�DISTRIBUTION:
Permitee: � \`
Agent:
DCM Field Offices:
E '
d Ci
Washington
Wilmington
US Army Corps of Engineers(USACE):.
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland.
Wilmington: D CDO
e�iake
Others:
Cultural Resources: edhill-Earl
Environmental Health:
Marine Fisheries: Mike Stre
NCDOT: Ke
Shellfish Sanitation:
State Property Office:
Water Quality: di Karoly(for non-DOT) -
John Hennessy
Water Resources: John Sutherland
Wildlife Resources: Maria Tripp
David Cox 1
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70
DEPARTMENT OF THE ARMY
> a- WILMINGTON DISTRICT, CORPS OF ENGINEERS
r P.O.BOX 1890
..._..:..........
WILMINGTON,NORTH CAROLINA28402-1890
IN REPLY REFER TO December 6, 2005
Regulatory Division
Action ID No. 200501106 and State Permit No. 179-05
f71,t,
j tJ ;
Raymond Pysher
801 Creek Crossing Trail
Stoney Creek, North Carolina 27377
Dear Mr. Pysher:
Reference your application for a Department of the Army permit to dredge around an
existing ramp and dock, move the existing boatlift and construct finger piers and docks in the
new dredged area at 267 Live Oak Road, in the community of Bogue, Carteret County,North
Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process for construction activities that
receive authorization from the State of North Carolina. Therefore, you may commence
construction activity in strict accordance with applicable State authorization and the approved
plan. Failure to comply with the State authorization or conditions of the Federal permit could
result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone (910) 251-4930.
Sincerely,
Henry Wicker
Regulatory Project Manager
,Enclosure
Copies Furnished without enclosure:
Mr. John Dorney Mr. Pete Benjamin
Division of Environmental Management U.S. Fish and Wildlife Service
North Carolina Department of Environment Fish and Wildlife Enhancement
and Natural Resources Post Office Box 33726
1650 Mail Service Center Raleigh,North Carolina 27636-3726
Raleigh, North Carolina 27699-1650
Mr. Ron Sechler
Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service
Wetlands Section - Region IV Pivers Island
Water Management Division Beaufort,North Carolina 28516
U.S. Environmental Protection Agency
61 Forsyth Street, SW Mr. David Rackley
Atlanta, Georgia 30303 NMFS, Habitat Conservation Division
219 Fort Johnson Road
Mr. Doug Huggett Charleston, South Carolina 29412-9110
Division of Coastal Management
North Carolina Department of Environment Ms. Tere Barrett, District Manager
and Natural Resources Morehead City Regional Office
400 Commerce Avenue North Carolina Division of Coastal
Morehead City,North Carolina 28557 Management
400 Commerce Avenue
Morehead City,North Carolina 28557
, G
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 6, 2005
Regulatory Division
Action ID No. 200501106
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Raymond Pysher for a Department of the Army permit to
dredge around an existing ramp and dock, move the existing boatlift and construct finger piers
and docks in the new dredged area at 267 Live Oak Road, in the community of Bogue, Carteret
County,North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE)prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit,no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste,the
permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083,
Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at(910) 772-2191.
8. In order to protect juvenile finfish resources, no excavation or filling activities will be
permitted between the dates of April 1 and September 30 of any year without the prior approval
of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers.
9. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
10. All excavated materials will be confined landward of the mean high water level
elevation contour within adequate dikes or other retaining structures to prevent spillover of
dredged materials into any vegetated wetlands or surrounding waters.
11. Flow from the diked retention area will be confined by pipe, trough, or similar device
to a point at or below the mean low water level elevation contour to prevent gully erosion and
siltation.
12. Excavation will not exceed 4 feet below the elevation of mean low water. In no case
shall excavation exceed the depth of connecting waters.
2
13. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
14. Approval of the structure was based on determinations that there would be no
obstruction to navigation. The structure may be damaged by wave wash from passing vessels.
Issuance of this permit should not be construed, as relieving the permittee of taking proper steps
to insure the structure and moored boats will not be damaged by wave wash.
15. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
16. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
17. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include,but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally,the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
18. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
19. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre-project condition.
20. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S.Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
3
21. The West Indian manatee (Trichechus manatus),which is listed as a federally
endangered species,has been reported in the waters in Carteret County. In order to protect the
West Indian manatee all work should be done during the period from November 1 to May 31. If
work must be done during the period from June through October the enclosed guidelines,
entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina"must be followed.
Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field
Office, Regulatory Division, telephone (910) 251-4930.
Sincerely,
W
j&,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished(without enclosure):
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh,North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort,North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 294 1 2-9 1 1 0
4
Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City,North Carolina 28557
Commanding Officer
U.S. Coast Guard Marine Safety Office
721 Medical Center Drive, Suite 100
Wilmington,North Carolina 28401-4895
5
NIMA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
October 5, 2005
Mr. Raymond Pysher
801 Creek Crossing Trail
Stoney Creek,NC 27377
Dear Mr. Pysher:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to dredge around a ramp and docks then connect this area to the
AIWW with an 82' x 20' access channel, relocate an existing boatlift to the dredged area,
construct finger piers and docks in the dredged area, and replace a 145' section of bulkhead in
Carteret County adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make December 18, 2005 the new deadline for reaching a decision
on your request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net).
Very sincerely,
V, �l
tug Huggett
Major Permits & Consistency Coordinator
cc: DCM, Morehead City
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
y1�N�
ENT oa rb
DPP United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
�0A
Post Office Box 33726
gIgRCF{
Raleigh,North Carolina 27636-3726 O C T 1 1 2005
October 3, 2005
Morehead City DCM
Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: Action ID #200501106, Raymond Pysher, Carteret County,NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the
subject Public Notice (PN), dated August 25, 2005. The applicant, Raymond Pysher, has
applied for a Department of the Army (DA)permit to dredge around docking facilities
and create an access channel. The proposed work is being considered under Regional
General Permit#198000291, a permit/processing agreement for work that has been
approved pursuant to the North Carolina Coastal Area Management Act(CAMA). These
comments are submitted in accordance with the Fish and Wildlife Coordination Act
(FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the
FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40
CFR 230) and in your public interest review(33 CFR 320.4) in relation to the protection
of fish and wildlife resources. Additional comments are provided regarding the District
Engineer's determination of project impacts pursuant to section 7 of the Endangered
Species Act(ESA) of 1973, as amended (16 U.S.C. 1531-1543).
Proposed Activities and Anticipated Impacts
The project area, proposed work, and anticipated impacts are given in the Field
Investigation Report(FIR) of the North Carolina Division of Coastal Management
(NCDCM). The PN also includes the permit application'to the NCDCM.
The project area is on the mainland adjacent to Bogue Sound. The property has an
existing concrete boat ramp and docking facilities. While the area of Bogue Sound is
classified as Outstanding Resource Waters (ORW), the area is not designated as a
Primary Nursery Area(PNA) by the North Carolina Division of Marine Fisheries.
The applicant proposes to dredge around the ramp and docks. This area would be
connected to the Atlantic Intracoastal Waterway(AIWW)by a dredged access channel 82
feet long by 20 feet wide. The existing depth would be increased from two feet at mean
2
low water(MLW) to 4.1 feet at MLW. The application states that 962 cubic yards of
material would be removed and deposited on uplands on the site. Dredging would be
done with bucket and dragline. Three docks would be added and the work would result
in a total of seven boat slips.
The FIR states that the proposed work would impact 9,835 square feet(ft2) of shallow
bottom habitat. The application notes that the area.to be excavated does not contain
coastal wetlands or submerged aquatic vegetation(SAV). The work would shade and
incorporate 306 square feet(ft2) and 475 ft2 of open water, respectively.
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered
species known to occur in Carteret County. We have also reviewed information from the
North Carolina Natural Heritage Program(NCNHP) database which contains excellent
data on the special status species, both federal and state. This database can be accessed
by topographic quadrangle (quad) of the U. S. Geological Survey(USGS). Data from
USGS quads provide the most project-specific information on species which should be
considered in permitting this project. The project area is located in the Swansboro quad
near the boundary with the Salter Path quad. The occurrence data of special status
species within these quads can be obtained on the internet at<
httn://www.ncsparks.net/nhp/quad.html >.
Our review indicates that the only federally listed species likely to occur in the project
area is the West Indian manatee (Trichechus manatus), a federally-endangered mammal.
While there are no current records for this species in the Swansboro or Salter Path quads,
the species has been reported in Bogue Sound. The shallow, estuarine waters of the
project area may provide suitable habitat for manatees that move along the Atlantic Coast
during summer months and are seasonal transients in North Carolina,primarily from June
through October. Manatees feed in water one to two meters (3.3 -6.6 feet) deep that may
support submerged aquatic vegetation. The species moves extensively when in North
Carolina waters and past occurrence records cannot be used to precisely determine the
likelihood that it will be presence at a particular construction site.
Existing water depths,primarily during high tide, appear to be sufficient for manatee use.
The proposed bucket and dragline mode of sediment removal may pose a risk to
manatees. To protect manatees in North Carolina, the Service developed guidelines
entitled"Precautions for General Construction in Areas Which May Be Used by the West
Indian Manatee in North Carolina." These guidelines address all types of in-water
construction, except blasting, and should produce little, if any, additional expense. The
guidelines are intended mainly to ensure that construction personnel are informed that
manatees may occur in the work area, that work should cease if a manatee approaches the
work area, work should not resume until the manatee leaves the work area, and
procedures for reporting the death or injury of a manatee. These guidelines are available
on our web site at<httn://ne-es.fws.gov/mammal/manatee guidelines pdf>. The risk to
manatees could be reduced to an acceptable level by the implementation of the Service's
ti
3
guidelines. The risk would be further reduced by performing the work during the period
of November through May.
With'the inclusion of our manatee guidelines,the Service would concur with a
determination by the District Engineer that the action is not likely to adversely affect
species designated as threatened, endangered, or their designated critical habitat. The
Corps' requirements pursuant to section 7 of the ESA would be fulfilled. However, the
Corps must reconsider its obligations under section 7 if. (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered; (2)this action is subsequently modified in a manner
which was not considered in this review; or, (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
Service Concerns and Recommendations
-Considering the limited impact to estuarine bottoms, the absence of impacts to wetlands
and SAV, and the absence of impacts to a PNA,the Service does not oppose the issuance
of a DA permit for the work described in the FIR and permit application. We do
recommend that prudent measures to protect manatees be utilized during the work. We
appreciate the opportunity to comment on this permit application. If you have questions
regarding these comments or wish to discuss the development of the coordinated federal
position, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at<
howard_hall@fws.gov>. Please provide this office with a copy of the coordinated
federal position, if one is developed.
Sin y
4a
eterjamin
Ecological Services Supervisor
cc:
Ron Sechler, NOAA Fisheries, Beaufort, NC
Maria Tripp, NC Wildlife Resources Commission, Washington,NC
*As. Tere Barrett;N't Division of Coastal Management,Morehead City, NC
John Dorney,NC Division of Water Quality,Raleigh,NC
�F WATF9 Michael F. Easley, Governor
pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Co 7
> r—� Alan W. Klimek, P.E., Director
5 .� Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 26,2005 ;�"
I - F�
Raymond Pysher
801 Crook Crossing Trail S E P 2 9 2005
Stoney Creek,NC 27377
Morehead City DCM
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
267 Live Oak Road
DWQ Project#051556
Carteret County
Dear Mr. Pysher:
You have our approval, in accordance with the attached conditions(WQC#3400)to conduct the
following activity located on your property located at 267 Live Oak Road adjacent to Bogue Sound, in
Newport in Carteret County. This approval allows you to:
1. Dredge a 82' X 20' access channel to a depth of-4NLW.
2. Dredge three additional areas around proposed docks(105' X 71'), (32' X 15% and(20' X13')to
a depth of-4NLW.
3. Replace 145' of bulkhead on the eastern side of the peninsula in the existing footprint.
4. Place the spoil on high ground on site.
This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality(DWQ)Wilmington regional Office(WiRO) on
August 10,2005. After reviewing your application, we have determined that General Water Quality
Certification Number 3400 covers this activity. This Certification can also be found on line at:
http://h2o.enr.state.nc.us/ncwetlands/certs.html. This Certification allows you to use your CAMA Permit
when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional
Federal, State or Local regulations applicable to your project, such as(but not limited to) Sediment and
Erosion Control,Non-Discharge and Water Supply Watershed regulations,NPDES and Coastal
Stormwater. In addition,this approval will expire when the accompanying CAMA Permit expires
unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project,you must notify the Division
(DWQ) in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project(now or in the
future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid,you must follow the conditions listed in the enclosed certification
and the additional conditions listed on the following page:
N.C.Division of Water Quality 127 Cardinal Drive Extension (910)796-7215 Customer Service
Wilmington Regional Office Wilmington, NC 28405 (910)350-2004 Fax 1 800 623-774�TOn,-e
An Equal Opportunity/Affirmative Action Employer-50%Recycled/10%Post Consumer Paper 1 �ot hCarohna
Naturally
Page Two
Raymond Pysher
DWQ Project#051556
September 26, 2005
1. No waste, spoil, solids, or fill of any kind shall occur in wetlands,waters,or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notice Application. All
construction activities, including the design, installation, operation,and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules,and any subsequent modifications,the applicant is required to return
the attached certificate of completion to this office and a copy to the 401 Oversight/Express
Review Permitting Unit,North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh,NC,27699-1650.
Please notify this Office at the number listed below if any problem arises during the construction
of the project that may affect water quality.
Please read the conditions associated with General Certification#3400(enclosed) and if you
do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit#051556 under Section 401 of the Clean Water
Act. If you have any questions,please telephone Joanne Steenhuis or Ed Beck at 910-796-7215.
Sincer ,
i; a'r�_V
:C.'
Alan W. Klimek,P.E.,Director
Division of Water Quality
Attachments: GC#3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office—Henry Wicker
DCM WiRO—Ryan Davenport
DCM Morehead—Doug Huggett
401 Oversight/Express Review Permitting Unit—Ian McMillan
W iRO
THIS IS NOT
A CAMA PERMIT
ss STATE Q,
Nnn
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B.Sandbeck,Administrator
Michael F.Easley,Governor Office of Archives and History
Lisbeth C.Evans,Secretary Division of Historical Resources
Jeffrey J.Crow,Deputy Secretary David Brook,Director
September 12, 2005
MEMORANDUM
TO: Doug Huggett, Chief
Major Permits Processing Section
Division of Coastal Management,DENR
FROM: Peter Sandbeck fg y pL�4
SUBJECT: Ray Pysher, dredge and construct docks, Goose Creek, Carteret County,ER 05-1839
We have reviewed the above permit application concerning proposed plans to dredge around a ramp and
docks and then connect this area to the AIWW with an access channel. Our staff inspected the project
specifications carefully and determined that the dredging constitutes a major bottom disturbance.
In the underwater portions of this project no known archaeological sites are recorded. Based on our present
knowledge of the area,it is unlikely that any submerged archaeological resources which may be eligible for
inclusion in the National Register of Historic Places will be affected by the project construction.We,
therefore,recommend that no underwater archaeological investigation be conducted in connection with this
project.
We would like to notify you that this project should be undertaken with caution. If during construction
submerged archaeological materials are encountered, such as shipwreck remains,it is the responsibility of the
Army Corps of Engineers—Wilmington District to notify us immediately,pursuant to Section 106 of the
National Historic Preservation Act of 1966. In addition,the area is protected by North Carolina legislation
(G.S. 121-22 to 28,Article 3:salvage of abandoned shipwrecks and other underwater archaeological materials
on all bottoms from low water to one marine league seaward,and bottoms of other navigable waters). This
law is supported by the Abandoned Shipwreck Act of 1987 (P.L. 100-298) which gives the state jurisdiction
over a broad range of living and nonliving resources in state waters and submerged lands,including certain
abandoned shipwrecks,which have been deserted and to which the owner has relinquished ownership rights
with no retention.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator,at 919/733-4763. In all future
communication concerning this project,please cite the above referenced tracking number.
Location Mailing Address Telephone/Fax
ADMINISTRATION 507 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-4763/733-8653
RESTORATION 515 N.Blount Street,Raleigh NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6547/715-4801
SURVEY&PLANNING 515 N.Blount Street,Raleigh,NC 4617 Mail Service Center,Raleigh NC 27699-4617 (919)733-6545/715-4801
A47LA
WDENk
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
MEMORANDUM:
TO: DOUG HUGGETT
FROM: RYAN DAVENPORT ,I/W
G
THROUGH: TERE BARRETT IA
SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT—
Ray Pysher.
DATE: September 8, 2005
The following are my comments and recommendations regarding the aforementioned proposal.
The proposal is to excavate 760yd3 around the peninsula, construct docks, and replace 145' of
bulkhead. The existing 5 slip docking facility along with the proposed docks would result in a
total of 7 slips. The excavated channel would extend a 100' off the end of the peninsula. This
project is consistent with 15A NCAC 07H .0208, therefore, I recommend the project be
authorized as proposed, contingent upon the following conditions:
1. This permit authorizes only the docks, piers, and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, may become a permanent part of this
docking facility without permit modification. No non-water dependent uses of structures
may be conducted on, in or over public trust waters without permit modification.
2. The pier and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and the adjacent property owner's riparian access
corridor, which is determined by drawing a line parallel to the channel, then drawing a
line perpendicular to the channel line that intersects with the shore at the point where the
upland property line meets the water's edge.
3. No attempt will be made by the permittee to prevent the full and free use by the public of
all navigable waters at or adjacent to the authorized work.
4. The authorized structure and associated activity must not cause an unacceptable
interference with navigation.
5. The permittee will maintain the authorized work in good condition and in conformance
with the terms and conditions of this permit. The permittee is not relieved of this
requirement if he abandons the permitted activity without having it transferred to a third
party.
6. This permit authorizes a maximum of 7 boat slips. At no time shall more than 7 vessels
be moored or docked at the facility. The restriction of the number of vessels shall apply
to all marine vessel types, including but not limited to motorboats, sailing vessels and
personal watercraft.
7. Excavation will not exceed 4 feet below the mean low/normal water level. In no case
shall the depth of excavation exceed the depth of connecting waters.
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808\FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
Page 2.
Ray Pysher
September 8,2005
8. No excavated or fill material will be placed at any time in any vegetated
wetlands/marsh.
9. All excavated materials will be confined above mean high water and landward of
regularly or irregularly flooded marsh behind adequate dikes or other retaining structures
to prevent spillover of solids into any marsh or surrounding waters.
10. No spoil material is to be placed within 30 feet of the normal high water line, except that
which will be used to backfill the area behind the permitted bulkhead.
11. The bulkhead must be constructed prior to any backfilling activities.
Cc: Tere Barrett, DCM
Ted Tyndall, DCM
Henry Wicker, COE
INA
NCDENR All
North Carolina Department of Environment and Natural All
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pald Jr.,.Directq{
William G. Ross Jr., Secretary
Memo
To: Doug Huggett
Major Permits Processing Coordinator
From: Patricia L. Murphey 'Q1
Marine Biologist Supervisor
Thru: Mike Marshall /V�4S� _
Central District Manager
Date: 9/2/2005
Re: CAMA Dredge/Fill Permit Application for Ray Pysher, Carteret County,North
Carolina.
The NC Division of Marine Fisheries (NCDMF) has reviewed the application, visited
the site on August 26th and again on August 29th. The applicant proposes to dredge 9,835 ft2
of shallow bottom habitat around an existing boat ramp and docks, and add finger piers and
additional docks for a total of seven boat slips. The NCDMF is concerned about the amount
of area to be dredged as well as the additional amount of open water that will be incorporated.
Division staff observed small amounts of eelgrass rhizomes and a small amount of shoal grass
shoots in the proposed dredge site. Eight samples with hydraulic patent tongs taken on August
29th resulted in four samples with very small amount of SAV rhizomes and eelgrass shoots.
Bottom in the area around the ramp and along the edge of the existing bulkhead is muddy,
however, away from the bulkhead, the bottom changes to sandy mud with sparse amounts of
SAV rhizomes and shoots. The NCDMF recommends that the applicant only dredge in the
area around the ramp and proposed dock by the ramp. Water depth ranges from two to six
feet dependent on tide, therefore maneuverability of a 24 ft motorboat should be possible for
the majority of the tide cycle without the need of the additional proposed dredging. The
NCDMF also questions the need for seven boat slips for a single family residence and
recommends that the number of boat slips be decreased to three in order to decrease the
amount of public trust waters that would be incorporated by these slips. The dredging
moratorium of April 1 st through July 3 1"should be observed.
NorthCarolina
3441 Arendell Street,P.O.Box 769,Morehead City,North Carolina 28557 Natura!!k
Phone: 252 726-7021 1 FAX: 252 726-60621 Internet:www.ncdmf.net
An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%post Consumer Paper
A4,-
v
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
To: Doug Huggett, Major Permits Processing Coordinator
From: Maureen Meehan Will, DCM Morehead City District Plann
Date: August 31, 2005
Subject: Major Permit Application, Requested by Mr. Ray Pysher to perform excavation, relocate
a boat lift, construct docks and piers, and replace bulkhead on property located at 267
Live Oak Road, adjacent to Goose Creek, in the Community of Bogue, Carteret County,
North Carolina.
LUP Consistency Determination: The proposal is Consistent With &Not in Conflict with the
1996 Carteret County Land Use Plan certified by the CRC on
November 19, 1999, provided that all applicable local, state,
and federal development guidelines are met.
Overview:
Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Waters, Public
Trust Waters, and Coastal Wetland. The Waters at the project site are classified as SA-ORW and
are open to the harvesting of shellfish. The area is not a Primary Nursery Area.
The Carteret County Land Classification Map designates the subject property AECs as
"Conservation". Development within the designated AECs is limited by CAMA regulations and
development guidelines. Applicable or related policy includes the following:
"Carteret County does not oppose bulkhead construction in any areas of the county as
long as they fulfill the use standards set forth in I5A NCAC 7H. " (Bulkhead
Construction Policy, pg. IV-10)
"Carteret County supports the use standards for estuarine,public trust and OR wasters
as specified in 1 SA NCAC 7H.0207. "(Section IV Marine Resource Policy (a), pg. IV-
14)
"All construction along estuarine shoreline will be in accordance with Carteret County
Subdivision and/or Zoning Ordinance. " (Residential, Commercial, and Industrial
Development Impacts on Resources, Policy(d),pg. IV-14)
Cc: Tere Barrett, Morehead City District Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
;;.
r
® North Carolina Wildlife Resources Commission ,
Richard B. Hamilton, Executive Director ,►
MEMORANDUM
TO: Doug Huggett, Major Permits Processing Coordinator
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
FROM: Maria Tripp,Northeast Coastal Region Coordinator 11�r
Habitat Conservation Section
DATE: August 30,2005
SUBJECT: CAMA Dredge/Fill Permit Application for Ray Pysher, Carteret County, North
Carolina.
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is adjacent
Goose Creek at 267 Live Oak Road in Bogue,NC and was visited on August 12,2005. Our comments are
provided in accordance with provisions of the Coastal Area Management Act(G.S. I I3A-100 through
113A-128), as amended, and the Fish and Wildlife Coordination Act(48 Stat. 401,as amended; 16 U.S.C.
661 et seq.).
The applicant proposes to dredge around an existing ramp and dock structures, connect the area to
the AIWW with an 82' by 20' access channel,relocate an existing boatli$to within the dredged area,
construct fingers and docks within the dredged area, and replace a 145' section of bulkhead. Existing
water depths within the proposed dredged area range from-0.5' to-4'NWL. The removal of 882 yd of
material within the 9,835 ft area will allow final connecting water depths be-4'NWL. Goose Creek at
this location is classified SA ORW by the Environmental Management Commission and is open to
shellfish harvesting.
NCWRC does not object to the project as proposed. We support any concerns and permit
conditions stated by the NC Division of Marine Fisheries in regards to the project's effects on coastal
fishery resources.
We appreciate the opportunity to review and comment on this permit application. If you need
further assistance or additional information,please contact me at(252)948-3916.
cc: Murphey, T.—NC Division of Marine Fisheries
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: (919)733-3633 ext.281 0 Fax: (919)715-7643
V
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS w .
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO ,1 C_.cs Q U G 2 9 '2 005
Regulatory Division // o�J
Action ID. 15DS�j11b(j Applicant: k4vmqJorehe City [)�fV7
JI
Waterway:� County: CQr Gr• Type Work:
Mr.Ron Sechler Commanding Officer
National Marine Fisheries United States Coast Guard
Service,NOAA 431 Crawford Street
Pivers Island Portsmouth,Virginia 23704
Beaufort,North Carolina 28516
Mr.Ronald J.Mikulak,Chief Without enclosures
Wetlands Section—IV
Water Management Division Mr.Doug Huggett
U.S. Environmental Protection Agency Division of Coastal Management
61 Forsyth Street,SW NC Dept of Environment and
Atlanta, Georgia 30303 Natural Resources
400 Commerce Avenue
Mr. Pete Benjamin,Field Supervisor Morehead City,North Carolina 28557
Fish and Wildlife Enhancement �(�
U.S.Fish and Wildlife Enhancemknt 4�4: �,r YJGr
Post Office Box 33726 C Regional Office
Raleigh,North Carolina 27636-3726 Division of Coastal Management
NC Department of Environment,Health
Commanding Officer and Natural Resources
United States Coast Guard v 0
Marine Safety Office
721 Medical Center Drive Suite 100
Wilmington,NC 28401 Mr.David Rackley
National Marine Fisheries Service,NOAA
219 Forth Johnson Road
Gentlemen: Charleston, South Carolina 29412-9110
Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a
State Field Investigation Report is en�osed. Your comments and/or recommendations would be
appreciated on or before —�`
Questions or comments may be addressed to the undersigned, available at telephone
(910) 251-4930.
Si cerely�J'
'
Hen Wicker,Project Manager
Wilmington Regulatory Field Office
Enclosure
1
O�0F WATER pG Michael F. Easley, Governor
William G. Ross, Jr., Secretary
(0 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 20, 2005
Mr. Ra mond P her �( +t
ureeK Crossing Trail ` '
Stoney Creek, NC 27377 AUG 2 4 2005
Subject: EXEMPTION Morehead
Stormwater Project No. SW8 050819 City DCM
Pysher Project
Carteret County
Dear Mr. Pysher:
The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA
Major Permit Application for dock repair and installation on August 10, 2005. Staff review of the
plans and specifications has determined that the development activities proposed at this time
will not pose a threat to surface water quality from stormwater runoff. The Director has
determined that projects that are reviewed and approved by the Division as not posing a water
quality threat from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you
that your project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater
runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES)
stormwater discharge requirements. You are required to have an NPDES permit for
stormwater discharge from projects meeting these criteria. The stormwater rules require the
Division to permit the common plan of development, therefore, any future development on the
property, regardless of whether a CAMA Major permit is also required, will require a
Stormwater Management Permit application and permit issuance from the Division of Water
Quality prior to any construction.
If you have any questions or need additional information concerning this matter please contact
Ms. Linda Lewis at (910) 796-7215.
Since ely,
Ed Beck
Regional Supervisor
Surface Water Protection Section
ENB/arl: S:\WQS\STORMWAT\CAMA\050819.aug05
cc: WiRO Rep, DCM
Katrina Marshall, Carteret County Inspections
Doug Huggett, DCM
Linda Lewis
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone(910)796-7215
Wilmington Regional Office Wilmington,NC 28405-3845 FAX (910)350-2004 Internet: wm.enr.state.nc.us One
NorthCaroll/ina
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper .Naturally
AUG 2 5 2005
STATE OF NORTH CAROLINA "�•®��'`` "` y
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
. 1 TYGovmxox August 19, 2005 , 'S � 'I
AUG 2 9 2005
Mr. Doug Huggett, Major Permits Processing Coordinator
North Carolina Department of Environment and Natural Resources Morehead City D-C:M
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 28699-1638
Subject: CAMA Permit Application—Dredge around ramp and docks then connect this
area to the AIWW with an 82'X20' access channel, relocate an existing boatlift to
the dredged area, construct finger piers and docks in the dredged area, and replace
a 145' section of bulkhead near the community of Bogue in Carteret County
Mr. Doug Huggett,
The permit application was submitted to this office for review. Find attached the completed
form as requested.
This agency has no objection to the project as proposed. It occurs a distance well off the
highway right of way and should have minimal highway impact.
Should you have any questions or need additional information, please advise. My number in
the New Bern district office is (252) 514-4716.
Sincerely,
G�
Aaron C. Everett
District Engineer
ACE/rrf
attachment
Copy: Roberto Canales, P.E., Chief Engineer's Office
John Rouse, P.E., Division Maintenance Engineer
David Livingston, County Maintenance Engineer
Judy Slywka, Roadside Environmental Unit
Division Two•District Two•209 S. Glenburnie Road 9 New Bern,N.C. 28560•Phone(252)514-4716
� 4
�-�
zF
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management4 u t,� hh
Michael F. Easley, Governor Charles S. Jones, Director Willie m� 'tpss Jr.,Secretary
August 8, 2005
MEMORANDUM: D
TO: Mike Street A •9 Lt�
For Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries MF,HpB1TAj
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
_Z— 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.
SIGNEDU�. /�• a-� DATE z �—
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
a►7-0 -� �•
RCDENR
North Carolina Department of Environment and Natural Re Urc
Division of Coastal Management q�
Michael F.Easley, Governor Charles S. Jones, Director 4/,wlliam G. Ross k, Secretary
August 8, 2005
�6�934
'
�CO + 'l
MEMORANDUM: M A uG �
TO: Maria Tripp N RECL a;
Habs,
NC Wildlife Resources Commission C06ser�
FROM: Doug Huggett
Major Permits Processing Coordinator z
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: �Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005. If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
/This office has no comment on the proposed project.
V/ 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.
SIGNED '—J- DATE 3C5—A%MtAt+ 2xjp5
etc -k m rccn v._D 8129
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
R
t
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 8, 2005
MEMORANDUM:
TO: Maureen Meehan, District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
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.
SIGNED DATE I y
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
t �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
August 8, 2005 ROADSIDE ENVIRONMENTAL UNIT
Unit Head
Emir. tons
Road a Devel.
MEMORANDUM: EC&Veg.Mgt
Field Oper. ng.
TO: Ken Pace at Ir, 11 2005
NC DOT, State Construction/Materials Branch
Design
S&W Engineering
FROM: Doug Huggett Rest Area
Major Permits Processing Coordinator vegetation Mgt
swuNfleadon
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005. If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
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.
SIGNED DATE Z z
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808 \ FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
`
IS
f 9 �!
w �
A��= [AUG 12 2005
NCDENR
North Carolina Department of Environment and Natural ResbVTJf'
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 8, 20051;L9 �? "'
1839
MEMORANDUM:
6�1 2 5 ZOO5 AUG
TO: Renee Gledhill- ehead City DC
NC Department of Cultural Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: er
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue,NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
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.
SIGNED DATE ��,,,1•(�S�
400 Commerce Avenue, Morehead City, North Carolina 28557 AUG 1 5 2005
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
L rip E 1
ZEA
NCDENR
North Carolina Department of Environment and Natural Resour64 01,y QCM
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 8, 2005
MEMORANDUM: ,k
TO: Patti Fowler
Shellfish Sanitation SHELLFtl=NRA'noN 1
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
V/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.
P
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources O
Division of Coastal Management v
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross J96ecretary
.
August 8, 2005 a4
/5�k CD
N ,
Un
MEMORANDUM: �
TO: Local Permit Officer
Carteret County
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue,NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This office has no objection to the project as proposed.
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.
SIGNED DATE
d.8
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Reso
Division of Coastal Management AUG 17 2005
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
august 8, 2005 Morehead City DCM
RECEIVED
QEMORANDUM: �c A U G 1 1 2 00
5
,O: Mr. Dan Sams BY:
For Mr. James Simmons
Division of Land Resources
ROM: Doug Huggett
Major Permits Processing Coordinator
UBJECT: CAMA/DREDGE & FILL Permit Application Review
pplicant: Mr. Ray Pysher
roject Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
roposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
it
ease indicate below your agency's position or viewpoint on the proposed project and return this form by
.igust 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
(252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
:PLY: 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.
1NED DATE 1u4. 1I 200 5
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Eaual ODDOrtunity 1 Affirmwivo Aminn Fmnln., cnoi n.._.._I_ I , - -
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 8, 2005
MEMORANDUM: k
TO: Lee Padrick
Division of Community Assistance ,q, ��
' °s
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue,NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
�•��
NCDENR Rio aG
North Carolina Department of Environment and Natural Resourdlp�
Division of Coastal Management 19(po
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, 1 C
W/Xetary
August 8, 2005O
MEMORANDUM:
TO: Joe Henderson AUG 2
State Property Office
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Mr. Ray Pysher
Project Location: Carteret County; Adjacent to Goose Creek at 267 Live Oak Road, Bogue, NC.
Proposed Project: The applicant proposes to dredge around a ramp and docks then connect this area to
the AIWW with an 82' x 20' access channel, relocate an existing boatlift to the
dredged area, construct finger piers and docks in the dredged area, and replace a
145' section of bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
August 29,2005.If you have any questions regarding the proposed project,please contact Ryan Davenport
at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested.
REPLY: ✓ This office has no objection to the project as proposed.
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.
SIGNED C� Ind DATE 0
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper
N
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 15, 2005
Mr, Raymond Pyshcr
801 Creek Crossing Trail
Stoncy Creek, NC 27377
Dear Mr. Pyshcr;
'Phis letter is to acknowledge the receipt of a Major Permit application for your property on 267
Live Oak Drive, Newport, NC, Carteret County. After reviewing this application, it has been
determined that according to NC GSISA NCAC 01C .0408 (2)(ii), your project must comply
with the North Carolina Environmental Policy Act (SEPA). A copy of this rule is enclosed and
highlighted. Before the Division of Coastal Management can accept an application for
processing, an Environmental document must be done.
The reason for SEPA is that your project requires the excavation of more than 5000sf of Public
'l'tust Bottom. Also, any excavation taking place more than 100' from the shoreline will require a
SEPA document as well. An Environmental document must be prepared and it may be
bencticial to use an environmental consultant. Guidance in preparing environmental documents
is available in the Environmental Assessment Guidance Document through the State
Clearinghouse and Rules 1 NCAC 25 .0400through .1000. 1 can provide you this document if
you wish.
Phis office is returning your permit application until such time as an Environmental Assessment
has been submitted and circulated to the State Clearinghouse, or if the application submitted no
longer will require SE;13A.
'thank You,
Mark Ilardeman, DCM
Attachment
CC: 'Pere Barrett, District Manager
Doug Eluggett, Major Permits Coordinator
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net
Development Type FEE DCM% DWQ%
(14300 1601435100093 1625 6253) (24300 1602 435100095 2341
I. Private,non-commercial
development that does not involve $250 100%($250) 0%($0)
the filling or excavation of any
wetlands or open water areas:
�l
II. Public or commercial development
that does not involve the filling or $400 100%($400) 0%($0)
excavation of any wetlands or open
water areas:
III. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,B,C,or D
below applies:
III(A). For Private,non-commercial
development,If General water Quality S250 100%(S250) 0%(SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development,if General water Quality 5400 100%(S400) 0%(SO)
Certification No.3301(see attached)
can be applied:
III(C). If General Water Quality
Certification No.3301 (see attached)
could be applied,but DCM staff
determined that additional review and $400 60,.(52 40%(S160)
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life:
III(D). If General Water Quality
Certification No.3301 (see attached) $400 60%(S240) 40%(S160)
can not be applied:
IV. For development that involves
the filling and/or excavation of more $47 5 60%(S285) 40%(S190)
than one acre of wetlands and/or
open water areas:
A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S.Jones,Director William G.Ross Jr.,Secretary
Legal Advertisement Section August 11, 2005
Re: Public Notice—Proposed Dredging and Docks at 267 Live Oak Rd.
To Whom It May Concern:
Please publish the attached Notice in the August 15,20.05, 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 Jaye Poole, NC Division of Coastal Management, 1638 Mail
Service Center,Raleigh,North Carolina 27699-1638,Telephone (919)733-2293.
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
Sincerely,
an avenport
oastal Management Representative
jrd
Enclosure
cc: Doug Huggett
Ted Tyndall, Assistant Director
151-13 Hwy.24,Hestron Plaza II,Morehead City,North Carolina 28557
Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on July 21, 2005.
According to said application, Ray Pysher has applied to dredge an 82' channel and repair docks
located at 267 Live Oak Rd., in Bogue, Carteret County.
A copy of the entire application may be examined or copied at the office of Ryan
Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead
City, NC, (252) 808-2808 during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, N.C. 28557, prior to September 5, 2005, will be considered
in making the permit decision. Later comments will be accepted and considered up to the time
of permit decision. Project modification may occur based on review and comment by the public
and state and federal agencies. Notice of the permit decision in this matter will be provided upon
written request.
PUBLISHED ON: August 15, 2005
151-B Hwy.24,Hestron Plaza II,Morehead City,North Carolina 28557
Phone: 252-808-2808\FAX: 252-247-3330\Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper
LT-My-VA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
Ray Pysher August 2, 2005
801 Creek Crossing Trail
Stoney Creek, NC 27377
Dear Mr. Pysher:
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located at 267 Live Oak Rd. in Bogue. It was
received on July 21, 2005 and appears to be adequate for processing at this time. The
projected deadline for making a decision is October 3, 2005. 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 July 21, 2005, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must
be posted at the property of your proposed development. You should post this notice at a
conspicuous point along your property where it can be observed from a public road. Some
examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property, or at a point along the road right-of-way where a private road would
lead one into your property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted
by the appropriate State or Federal agency. Please contact me if you have any questions and
notify me in writing if you wish to receive a copy of my field report and/or comments from
reviewing agencies.
Sincerely,
t
J. Ryan Davenport
Coastal Management Representative
JRD
Enclosure
cc: Doug Huggett
Tere Barrett, District Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-2808\ FAX: 252-247-3330\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50°o Recycled\10 Post Consumer Paper
AMA PERMIT
APPLIED FOR
Dt,-e(4--, C u ,(t-' -3 L1,4t7v� c' � �<,, � � � �� � � /�L ;114Cr- C �+< %1
PROJECT:
/ II
�c.hP
COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Oct 25 05 08: 48a Ray Pysher 336-446-2075 P. 1
f
A.?3J C'EI T RZI''h.DUUN PROPERTY OWNER STATEMENT
(F'OR A PIERAWOORING PILINGSIBOA I-IFT/BOA7•IIOUSE-)
I hereby certify that I own property adjacent to 34- -`1+cam►- 's
(N, anie of Property Owner)
property located at 'A'
\ (Lot, Block, Road, etc.)
on !&Ah �Cii41A In Fyiipir- Cat-�#v- N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that location,
and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boadift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
I J_4 wish to waive that setback requirement.
------------------------------------------------------------------------------------------------------------------
DESCRIPTION AN-D!OR DRAWLNG OF PROPOSED DEVELOPME\T:
(To be filled in by individual proposin; development)
i
------------------------------------------------------------- ---:�--,---; -------_------J------------
Si natur,,
Jc_? `�oU1 .e, j2,?ri-r ZA t-(_
Print or Type Name
i�;z5/C S
'I(rl- 4�5- 3235
Telephon; Dumber
Date: IN
Raymond Pysher
801 Creek Crossing Trail
Stoney Creek,NC 27377
Phone: 336-449-9987
January 25, 2005
Mr. Robert A. Russell
271 Live Oak Road
Newport,NC 28570
Dear Robert:
Enclosed you will find a copy of a CAMA permit application for 267 Live Oak Road.
The permit is for maintaining a boat basin, excavating access channels, installing a new
dock, repairing docks, installing additional vinyl bulkhead and installing sediment
control. The above work is indicated on the enclosed drawing# 267LO-2 titled"Site
Improvements". If you have any objections or concerns in regard to the indicated work
you must submit them in writing to the Division of Coastal Management within 30 days
from receipt of this notification.
Respectfully submitted,
Raymond E. Pysher
k SENDER:--CiIWPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
c
■ Complete items 1,2,and 3.Also complete A. S nature
item 4 if Restricted Delivery is desired. O Agent
X■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. eived by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits. oR�ET { SSE�I �Y t✓S'
1. Article Addressed to: D. Is delivery address different from item 1? 11 Yes
If YES,enter delivery address below: ❑ No
-2� �. �P
3. Service Type
ACertified Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) p Yes
2. Article Number G
(Transfer from servce,abel) ()< C v:)-
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
Raymond Pysher
801 Creek Crossing Trail
Stoney Creek,NC 27377
Phone: 336-449-9987
January 25, 2005
Mr. & Mrs. Lee and Bonnie Jones
257 Live Oak Road
Newport,NC 28570
Dear Lee and Bonnie:
Enclosed you will find a copy of a CAMA permit application for 267 Live Oak Road.
The permit is for maintaining a boat basin, excavating access channels, installing a new
dock, repairing docks, installing additional vinyl bulkhead and installing sediment
control. The above work is indicated on the enclosed drawing#267LO-2 titled"Site
Improvements". If you have any objections or concerns in regard to the indicated work
you must submit them in writing to the Division of Coastal Management within 30 days
from receipt of this notification.
Respectfully submitted,
Raymond E. Pysher
SENDER: DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X- ti G�� �'L' ❑Addressee
so that we can return the Card to you. B. Received¢y(Prin Name) Date of livery
■ Attach this card to the back of the mailpiece, y_(,b
or on the front if space permits. u --t -- )—C
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
/CPV ik A"n.I ,) aNeiS
a5 7 ,C,`vP 4 A /Q a J
3. Service Type
Certified Mail ❑Express Mail
Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(r,g„s,from seMbeIa ' 7004 2890 0004 0626 8268
PS Form 3811,August 2001 Domestic Return Receipt 1 41-15eo
%,arierec �,auntiy Kegister
/ 7268 01/24/2002
i� $690.06
Prepared By: STATE gTH a
Real Estate
Cecil S. Harvell, P.A. 1 Excise Tax
Attorneys At Law
i
1107 Bridges Street
i Morehead City, North Carolina 28557
I
STATE OF NORTH CAROLINA BENEFICIARY AND ADMINISTRATOR' S DEED
PARCEL ID #: 630400094846000
COUNTY OF CARTERET STAMPS: $690.00
THIS DEED made this r__�Zitday of _Ieee 2001, by and
between: �
BRENDA D. RUSSELL, Unmarried, `
} � TAMI L. RUSSELL, Unmarried,
+1 ROBERT A. RUSSELL, Unmarried,
jDELORES R. HARRIS, and spouse, JAM1'S E. RABBIS,
and
BRENDA D. RUSSELL, Administrator, Estate of ROBERT M. RUSSELL,
f
(hereinafter called "GRANTORS")
� i
i and i
RAYMOND E. PYSHER AND WIFE, NANCY J. PYSHER
5310 Graycliff Drive
Greensboro, North Carolina 27406
� j (hereinafter called "GRANTEES")
W I T N E S S E T H: !
i The designation GRANTOR and GRANTEE as used herein shall
1 include said parties, their heirs and/or successors, and assigns,
and shall include singular, plural , masculine, feminine, or neuter
as required by context .
WHEREAS, ROBERT M. RUSSELL died intestate on July
2000 a
resident of Carteret County, North Carolina, Estate File Number:
00 E-358 , and the above-named ADMINISTRATOR has qualified as
ADMINISTRATOR of the Estate; and
WHEREAS, the decedent was the owner of the real property
described hereinbelow which vested in the intestate heirs of the
estate on July 1, 2000 ; and
l join in
{ WHEREAS, the above-named ADMINISTRATOR does hereby
y this Deed to evidence her consent to the sale of the real property
1 described hereinbelow as required by North Carolina General
I � Statutes § 28A-17-12, the first notice to creditors having been
published on August 27th, 2000 ; and
( ' f
�� BCO
CONTINUATION OF COrvalENI'S AREA FOR 267 LIVE OAK DRIVE...
THE RE1VIAINDER OF THE PROPERTY(HEADED SOUTH TOWARDS BOGUS SOUND) IS
LOCATED IN ZONES A7(EL 11)AND IN V8 (EL 11.)
BELOW IS A GENERAL SKETCH OF THE LOCATION OF THE BUILDINGS ON THE PROPERTY
AND THE RELATIONSHIP OF THE FLOOD ZONES.
L�VE 7 (9, k. flV, r
,`^ZorJ E AS
('rLq) ��
ZONE A-1
(EL 9)
4,7r'Ec q) \
5F_(_otlDAiLl
` �D� RES �ENC�c
_5`7
Z.oN E Pt1
(FL 10)
v
�Rr cF
R`SIaE�
Al
A-7 (CL I,�
IZOOC Al
(EL ")
l�
Zor.1f- vs
(EL 11)
EXHIBIT "A"
In the Township of White Oak, and in the Daisy Sanders
Koonce Heirs Property Subdivision, according to the map
thereof, recorded in Map Book 3, at Page 158, Carteret
County Registry, and being known and designated as all of
Lot #20 in said Subdivision, and defined and bounded as w';.
:
follows:
Beginning at an iron pipe in the Southern
;i margin of Live Oak Drive, said beginning point
I� being also the Northeast corner of the J. D.
I Conner Lot #21, and being located
!! approximately 1, 900 feet from the edge of the
marsh; runs thence with the Southern margin of
Live Oak Drive N 76-30 E 100 . 00 feet to an
iron pipe located in the canal which divides
Lot #19 and Lot #20; runs thence S 13-30 E and
in the approximate center of the canal 320. 00
feet to a point in the mean highwater mark of
{ Bogue Sound; runs thence with the waters of
;) Bogue Sound S 76-30 100. 00 feet to the J. D. {
i Conner Southeast corner of his Lot #21; runs
thence with the J. D. Conner East line of his
Lot #21 N 13-30 W 320. 00 feet to the point of
beginning, together with all riparian and
littoral rights incident and attached thereto,
both as to the canal frontage, and the
frontage on Bogue Sound; there is also
conveyed herewith all of grantors' right,
title and interest in and to the bulkhead or
"waterbreak" located on the Sound side of the
! property.
�l
! There is also conveyed to the Grantees and
their heirs and assigns a right-of-way
easement for ingress and egress from the
premises to Live Oak Drive, as shown on said
,I map.
i .
For further title reference, see Carteret
1 � County Clerk of Court, Estates Division, File
f Number: 00-E-358, and Book 531, Page 322,
Carteret County Registry.
i ;
{1
iI
{� BOOK
Chicago Title Insurance Company
P. Q. Box 3625
Morehead City, NC 28557-3625
Telephone(252) 247-7995-Fax (252)247-7834
Fist Number: MC2001-01756
Exhibit "A^
In the Township of White Oak, anal in the Daisy Sanders
Koonce Reins Property Subdivision, according to the map
thereof, recorded im Map Book 3, at Page 158, Carteret
County Registry, and being known and designated as all of
Lot #20 in said SQbdiv�ision, and defined and bounded. as
follows :
Beginning al: an iron pipe in the Southern
margin of Live Oak Drive, said beginning point
being also the Northeas'_ corner of the J. 0.
Conner Lot #211 and being located
approximately 3., g00 fee' from the edge of the
marsh; runs th--n.ce with the Southern margin of
Live Oak Drive N 70-30 E 100- 00 feet :.o an
iron pipe located in the canal which divides
Lot 419 and Lot 420; runs thence S B and
in the approximate center of the canal 320 . 00
feet to a point in the mean hi.ghwater mark of
Rogue Sound, runs thence with the waters of
Bogus Sound S 76-30 100-00 feet to the J_ D.
Conner Southeast corner of his Lot #21; runs
thence with the J. D_ Conner East line of his
Lot #21 N 13-30 vd 320. 00 feet to the Lp.oint of
beginning, togeth.ex with all ripa)-ian and
littoral rights incident and attached thereto,
both as to the canal frOntagE, and the
frontage on Bogue Sound; there is also
conveyed herewith all of grantors' right,
title and interest in and to the bulkhead' oz�
"waterbreak" located on the Sound side of the
property.
1
r There is also conveyed to the Grantees and
their heirs and assigns a right-of-way
easement for ingress and egress from the
premises to Live Oak Drive, as sr_ _ _- aid
f map.
For further title reference, see Carteret
County ,Glerk of Court, Esta.es Division, File
Number: 00-E-353, and Book 531., Page 322,
Carteret County Registry .
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, TINA W. RODRIGUEZ , a Notary Public for the aforesaid
i State and County, do hereby certify that JAMES E. HARRIS,
Individually, did personally appear before me this day and
acknowledge the due execution of the foregoing instrument.
+Y
26th
yWITNESS. my hand, and official .seal this the . day of
December
ff"OFFICIAL SEAL" NOTA PUBLIC
tary Public,North Carolina
County of Carteret
Tina W. Rodriguez j
11-03-03
Melanie Arthur 6P
Carteret Countyy Register of Deeds
MA Date 01/24/2t?02 Time 16:28:00
GR 929413 Page 1 of 6
1
STATE OF NORTH CAROLINA i
ff
COUNTY OF CARTERET
I, TINA W. RODRIGUEZ , a Notary Public for the aforesaid
State and County, do hereby certify that ROBERT A. RUSSELL,
i
Individually, did personally appear before me this day and
acknowledge the due execution of the foregoing instrument.
26th
WITNESS my hand and official seal this the day of
December 2001.
1 ij �� C
NO Y PUBLIC
1 "OFFICIAL SEAL"
S�' Notary Public, No Carolina
8 County of Carteret
ter•. isS"rw. s
NORTH CAROLINA,CARTERET i
The'oreoo! C, r
ng cerMocate(s;of Notiq-A ,,'�;) ;/gam
cerlifed to be correct ruts inetrxneit aWtft certifi-
cate are dufy registered at tP,e date and Mme and in
I Book and Rage shown on the"fret page hereof.
' fa Arthur Register Des
1 By y riepsxrd
l
BOOK__ 12 PAGE_'YL�
i
STATE OF NORTH CAROLINA
� I
COUNTY OF CARTERET
i �
I TINA W. RODRIGUEZ a Notary Public for the aforesaid
State and County, do hereby certify that TAMI L. RUSSELL,
Individually, did personally appear before me this day and
acknowledge the due execution of the foregoing instrument.
WITNESS .my hand and official seal -this -the 21st day of '
DecemberI I all a.
"f?FFIC,IAl. SEAL"
NtIonu
Public.North Carolina NOTARY PUBLIC
Car
nty of teret
a W. Rodriguz
M
11-03-03
r{
IJ STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, TINA W. RODRIGUEZ , a Notary Public for the aforesaid
State and County, do hereby certify that DELORES R. HARRIS,
Individually, did personally appear before me this day and
acknowledge the due execution of the foregoing instrument .
WITNESS my hand and official seal this the 26th day of
lDecember 2001. .
tarj PU Public CIAt_ SEAL" NOTARY PUBLIC
� .»• -,� Carolina Notary .North�
ofrteret
f ` Tiha W. ll�drtguea
l M s i
—01
iJ
�1
,i
i
1�
tb 9
(SEAL)
DELORES R. HARRIS, Individually
" r.-V,;a, (SEAL)
AMES E. HARRIS, Individually f
(SEAL)
ROBERT.:A:,;RUSSELL, Individually !
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, TINA W. RODRIQUEZ , a Notary Public for the aforesaid
State and County, do hereby certify that BRENDA D. RUSSELL,
Individually, did personally appear before me this day and !
acknowledge the due execution of the foregoing instrument.
WITNESS my -hand and official seal this the 21st day of
December 2001. 1 f '
OFFICIAL SEAL
Notary Public,North Carolina NOTARY PUBLIC
County of Carteret
(S s Tina W. Rodriguez
11-03 03
3
STATE OF NORTH CAROLINA �
COUNTY OF CARTERET
i
�j I, TINA W. RODRIGUEZ a Notary Public for the aforesaid
i
State and County, do hereby certify that BRENDA D. RUSSELL, i
Administrator of the Estate of ROBEdRa MandU acknowledgessed, did
the due
personally appear before me thisy
execution of the foregoing instrument.
WITNESS my hand and official seal this the 21st dAy of
December , 2001.
1 4.
"OFFICIAL SEAL"
Notary Public, North Carolina NOTARY PUBLIC
County of Carteret
Tina W. Rodriguez
i 11-03-03
,
q P
I
i
WHEREAS, the ADMINISTRATOR and the intestate heirs have
determined that it would be in the best interest of the Estate to
i '. sell the real property conveyed herein at private sale. j
i
i
NOW, THEREFORE, the GRANTORS, for and in consideration of the
sum of Ten Dollars ($10. 00) and other good and valuable
consideration to them in hand paid by the GRANTEES, the receipt of
which is hereby acknowledged, have given, granted, bargained, sold
and conveyed and by these :presents_,do give, grant, bargain, sell
and .conye and,confirnto GRANTEES, their heirs and/or successors k
and ass n ''in'' m u
fee- si le, its .interest ah that ,certain lot, tract,
z a ,.
or parcel of land situated in White Oak Township, in Carteret
County, North Carolina, and more particularly described as follows:
i ;
SEE EXHIB?T "A" ATTACHED HERETO AND INCORPORATED HEREIN
NO TITLE SEARCH REQUESTED NOR PERFORMED BY THIS FIRM
Title to the property conveyed herein is subject to all deeds
of trust, restrictive covenants, easements, conditions and rights- !,
; j of-way of record, if any, and to ad valorem taxes for the current
year.
j
i
s TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of �
� j land with all privileges and appurtenances thereto belonging to the
4 GRANTEES, theirs heirs and/or successor and assigns in fee simple.
The intestate heirs, individually and collectively, covenant
j with GRANTEES that they are seized of the premises in fee simple,
have the right to convey the same in fee simple, that the title is
marketable and free and clear of all encumbrances and that they
will warrant and defend the title against the lawful claims of all
f� persons whomsoever except for the exceptions stated hereinabove.
i1
1 � The ADMINISTRATOR gives no warranties of title.
`` I I
i' IN WITNESS WHEREOF, GRANTORS have hereunto set their hands and
seals the day and year first above written.
i
if
(S EAL)
it R DA D. RUSSELL, Administrator
ff (SEAL)
j � BR D. RUSS LL, Individually
1 I
(SEAL)
( !I L. SELL, Individually
�' BOOK PAGE �