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HomeMy WebLinkAbout179-05 Pysher, Raymond .wwsh+•*m:,a-0aa•w:•aear-�:••W:-;xa+rrrx•t-a,,;�w+.•c;w-:,N:;•:wo-o-c•:xac•ax�o+,wc•>o,.;.r:�•.o-rx-�•.�c ac-tso-aa:•:u;.;;}o-at•rro-:o areas.•>•;rs-awaa Baas-so-c-><-:.;::;r.•ro-m-c�w+r•scw-:•:o..;.:;.<.;.;..rca.o,o-a.e,a. 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 .+.o-c�n-:•:t-rt-ro-o-a;•x+.c,+-sat�:�w<t-r,•r.•o-cw+r:sw•a;iwr..xw+.<rss;%K.•s,•rx�.:•:o-w,o-ac-;,-�aaa.war.•rrao-sc-ct�a�ca,ao-},a too�o.war,<o-»s•:•arcn,wc-owcc•w-:c:--;•aatw•saa:rac%a•:c�oat�o-afia+.+ 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. waaaa ¢'�ii.;✓��.•i^Y?•NJi-34{-:.s�.'+•:Gi4•}+rh�:P�7-}0�r:4-}J+••i.:4?•04i-}trK<i�i r:i44C•?h.W:tiy+.>Pr•F y.,{...,;..:.,vri•4:J WJ,,=iS-0af4}i'.-}-0tha4•Mi••::..i,4:•44N+�7iY+}44tr:•:.:i..v.p+}A,.}44i•.:y•::,:.>S<-:v4:OG-i•Y.•:^:^C4a}W 64✓r'• 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. r;:aooaatt-r,.coo-r>•:aat•rctt ra+.cs.•o-aatn.r:aa-:arrr:•att•so-co'aa�-�ors-x•.-: s•c•c�.o-ar.•:•carrrtwat•:-r ro-:wtYrw:•rrrto-a•:t-:;t-c-:.:-r:+o•o-a;-:aao+Pac rxoa hut.o.rr:::-ao-:•w<wos•o-aa:-ac•r:,•,,ract•a<-o- 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 2 0 C r O Ul O N O a Ex�s�tv�,� Walkway G x(occ ?rea-�'ed Post �Ex�s- Kg 3X6o `'i"rea4ed Bea.tnS �Ex�`s�-;k9 � a a 2K12 TreateJ C,,p ( New) 1 �x�st,ng 7rea�'ed ` aX8 C`'ulkheac� oX(oTreated Oe4'm5 (/Vew) 2x¢ ✓mated �eam3- (New ZY New M L w Sacsr Bot�rohl -SULKHEA� G RoSS SB-CTloN Cal 01 '�o SC a-\e.) N O Ul 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 �