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HomeMy WebLinkAbout419DevelopmentLLCDIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: 419 Development LLC LOCATION OF PROJECT SITE: The project is located adjacent to Bogue Sound at 419 Hwy 24 in Morehead City, Carteret County. Latitude: 34°43'36.23"N Longitude: 76149' 15.33"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 7/26/22 Was Applicant or Agent Present No Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 9/7/22 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Morehead City Land Classification from LUP —Developed (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — septic Planned - none (F) Type of Development: Existing — residence, bulkhead, and dock Planned - docking facility relocation & expansion (G) Estimated Annual Rate of Erosion: N/A Source — N/A 1 1 100 W1 9 to]` = 1]M� DIM-51 h[!LlJNr1411of I1D11 (A} Open Water 3,114 ft2 shaded 41,952 ft2 incorp (B) Coastal Wetlands F..II II 210 ft2 shaded I I (C) High Ground 11 11 II 300 ft2 shaded I (E) Total Area Disturbed: 42,462 ft2 (F) Primary Nursery Area: No (G) Water Classification: SA; HQW Open: Yes (H) Cultural Resources: None Project Summary: The applicant wishes to remove the existing dock and construct a 5-slip docking facility within Bogue Sound for private use adjacent to 419 Hwy 24 in Morehead City, Carteret County. Field Investigation Report: 419 Development LLC Page 2 Narrative Description: The proposal is located adjacent to 419 Hwy 24 within Bogue Sound in Morehead City, Carteret County. This property is currently developed with a residence, shoreline stabilization, and a dock. This proposal is for private use. The adjacent property to the property to the east is similarly developed and the adjacent property to the west is undeveloped. The elevation of the high ground on the property is approximately 12' above the normal high water level. Vegetation on the property mainly consists of pine forest, lawn grasses, and Coastal Wetlands. There is approximately 251' of shoreline on this 11-acre tract. Water depths in the project area range from —0.1' to —2.3' nlw. The subaqueous substrate is firm with shell. There is not a Federal Channel in the nearby vicinity of the project area. There is not a cultural resource in the project area. This waterbody is approximately 8,120' across at this location. These estuarine waters are not classified as a Primary Nursery Area. Submerged aquatic vegetation (SAV), Halodule ivrightii, is present within the project area. This waterbody is open to shellfish harvest and is classified as SA; HQW. Proposed Development: The applicant is proposing to construct a 5-slip docking facility within Bogue Sound in Morehead City. The proposed development would take place adjacent to 419 Hwy 24, Carteret County. This proposal is for private use. The applicant is proposing to remove the existing pier and platform as a part of this project. The applicant is proposing to construct a deck, a fixed pier, covered platform, four finger piers, four boatlifts, and a wet slip defined by two outer tie pilings. The proposed deck would be 15' by 20' on the high ground, approximately 35' from the normal high water level of Bogue Sound. The proposed pier would originate from the south side of the proposed deck and would be 6' wide and 552' long beginning at the high ground on the property and traversing the Coastal Wetlands into Bogue Sound. This proposed pier access would have a north -south orientation. At approximately 480 waterward of the waterward edge of the Coastal Wetlands, the applicant is proposing an 18' by 32' covered platform. As the proposed pier continues through the covered platform, it would terminate at a 15' by 30' fixed platform. Immediately north of the proposed fixed platform, the applicant is proposing five boat slips. Four of the proposed boat slips would be supported by four 3' by 35' finger piers. Three of these four boat slips would have traditional four -piling boat lifts, and the fourth slip would be a wet slip with two outer tie pilings. The fifth proposed boat slip would be a single piling PWC lift on the east side of the main pier access, approximately 40' south of the proposed covered platform. The water depth within the proposed boat slip areas range from -1.6' to -2.3' nlw. Brad Connell September 21, 2022 Morehead City Field Investigation Report: 419 Development LLC Page 3 Anticipated Impacts: This proposal appears to extend beyond the established docking facility lengths within this area of Bogue Sound, with the longest nearby docking facilities at 125-127 Camp Morehead Drive extending approximately 500' waterward as measured from the edge of Coastal Wetlands out into Bogue Sound. This proposal would have shading impacts over the shallow bottom Submerged Aquatic Vegetation (SAV) habitat within this area of Bogue Sound. The proposal would shade 300 square feet of high ground, 210 square feet of Coastal Wetlands, and usurp 41,952 square feet of Public Trust Area. Traditional marine construction methodology would be utilized during the construction of this project. Turbidity impacts are not anticipated during the construction activities within Bogue Sound. This waterbody is not classified as a Primary Nursery Area. There is SAV (Halodule wrightil) habitat present within the project area. There are no oyster beds in the nearby vicinity of the project area. This waterbody is open to shellfish harvest. Brad Connell September 21, 2022 Morehead City �� STROUD ENGINEERING, P. A. 422 SULTINGHIGHWAY ENGINEERS 422 HIGHWAY 24 Y/ MOREHEAD CITY, NORTH CAROLINA 28557 WWW.STROUDENGINEER.COM LICENSE NO. C-0647 September 6, 2022 NCDEQICAMA 400 Commerce Ave. Morehead City, NC 28557 Re: Jennings Residence CAMA Major Project Narrative Scope of Project: Mr. Jennings recently purchased a home at 419 Highway 24 in Morehead City, NC. This permit will encompass a 553' private dock to serve the residence. This length is necessary to avoid disturbance of submerged aquatic vegetation and provide adequate depth for operation of small watercraft without performing dredging operations. The length is also consistent with the piers on this shoreline particular shoreline and terminates behind the adjacent pier head line. The pier surfacing will be open slatted decking, 6' in width, with a covered sitting area approximately two thirds down the length of the pier. Three boat lifts, one wet slip, and a single jet ski lift and fish cleaning table are proposed surrounding the end platform. Two finger piers will extend adjacent to the lifts for access. No sitework is proposed within the AEC, but a small open slatted landing platform is proposed at the head of the pier. There is an existing pier on site that is to be removed as part of the project scope. A pre filing meeting request was submitted to Cameron Weaver of the Wilmington Regional Office of NCDEQ on 916122. Request email is attached. ynk ���U. \A GARP.E. #PE053A78 svO. .C942_ c ' FNG I SEA �//11l111111115�� 107B COMMERCE STREET 102D CINEMA DRIVE GREENVILLE, NORTH CAROLINA 27858 WILMINGTON, NORTH CAROLINA 28403 252.756.9352 910.815.0775 ly' 422 HIGHWAY 24 MOREHEAD CITY, NORTH CAROLINA 28557 252.247.7479 Joshua Johnson From: Joshua Johnson Sent: Tuesday, September 6, 2022 12:46 PM To: Weaver, Cameron Subject: Pre File Meeting Request - 419 Highway 24 Attachments: Scoping Meeting Request_ Jennings Residence.docx; PM3072--001 EX COND FULL SET SIGNED AND SFALFD.pdf; Narrative Signed and Sealed.pdf Cameron, Please find the attached pre file meeting request. Thank you! Josh Josh Johnson, PE Civil/Structural A STROUD I ENGINEERING 422 Highway 24 Morehead City, NC 28557 Office: 252-247-7479 ext: #226 Cell : 252-725-7877 Fax: 252--247--409B iiohnsopostroudengineer.com RFC P-IVED SEP 0 7 2022 DC M-NIHD CITY ON MIRA APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 9. Primary Applicant/ Landowner Information Business Name 419 DEVELOPMENT LLC Project Name (if applicable) JENNINGS Applicant 1: First Name KEVIN MI Last Name JENNINGS Applicant 2: First Name MI Last Name It additional applicants, please attach an additional page(s) with names listed. Mailing Address 405 RAMBLEWOOD DRIVE PO Box City RALEIGH State NC ZIP 27609 Country CARTERET Phone No. 919 - 696 - 4820 ext. FAX No. Street Address (if different from above) 419 HIGHWAY 24 City MOREHEAD CITY State NC ZIP 28557 - Email 2. Agent/Contractor Information Business Name STROUD ENGINEERING, P.A. Agent/ Contractor 1: First Name MI Last Name JOSH JOHNSON Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 422 HIGHWAY 24 MOREHEAD CITY NC ZIP Phone No. 1 Phone No. 2 28557 252 - 247 7479 ext. 226 252 - 725 7877 ext. FAX No. Contractor # 252-247-4098 Street Address (if different from above) City State ZIP Email JJOHNSON@STROUDENGINEER.COM RECEIVE Ic Form continues on backs SEP 07 2022 DCM-MHD CITY www.nacoastairnanagernp.nt,Piet Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # CARTERET 419 HIGHWAY 24 Subdivision Name City State Zip NIA MOREHEAD CITY NC 28557 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 725 - 7877 ext. I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project WHITE OAK BOGLIE SOUND c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. RINatural []Manmade ❑Unknown BOGUE SOUND e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. MOREHEAD CITY 4, Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 251.33 489,286.519 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) ®NHW or ❑NWL (12') e. Vegetation on tract HEAVY WOODED WITH A SMALL STRIP OF COASTAL WETLANDS ALONG THE SHORELINE. SAV IS PRESENT. f. Man-made features and uses now on tract SINGLE FAMILY DWELLING; SHED; PAVING; BULKHEAD; PIER; DECKING g. Identify and describe the existing land uses adiacent to the proposed project site. TO THE WEST THERE IS A VACANT 11+ ACRE TRACT OF LAND TO THE EAST THERE IS A RESIDENTIAL SUBDIVISION (BAY COLONY) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 RESIDENTIAL (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by wham? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes F]No ❑NA National Register listed or eligible property? RFCEIVE D <Form continues on next page> SEP 0 7 202? DCM-MHD CITY" ., i .6i.. i)GOAST „ iit.Pit.:i Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? VIYes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. SEPTIC - CONVENTIONAL o. Describe existing drinking water supply source. WELL p. Describe existing storm water management or treatment systems. NIA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment PRIVATE RESIDENCE [9]Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. MR. JENNINGS IS SEEKING TO INSTALL A DOCK EXTENDING 553' FROM THE NHW LINE. THE DOCK WILL BE FOR PRIVATE RECREATIONAL USE & IS AN AMENITY TO HIS RESIDENCE.Nw ,t- IS THE CONTRACTOR FOR THE PROJECT & WILL CONDUCT THE CONSTRUCTION OF THE DOCK. THE DOCK IS TO HAVE 4 FINGER PIERS, 2 BOATLIFTS, 1 JET SKI LIFT, 1 15X30 PLATFORM, 1 18X32 COVERED PLATFORM, AND A 2X5 FISH STATION. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. PILES WILL BE DRIVEN BY A VIBRATORY EXCAVATOR ATTACHMENT ON A SMALL BARGE THAT WILL BE MOORED IN FRONT OF THE SITE. d. List all development activities you propose. DEVELOPMENT ENCOMPASSED UNDER THIS PERMIT WILL BE CONSTRUCTION OF THE DOCK FACILITY TO SERVE THE RESIDENCE CURRENTLY ON THE PROPERTY. e. Are the proposed activities maintenance of an existing project, new work, or both? NEW WORK f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres NIA g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. NIA i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. �' Iu c <Form continues on backs SEP U 7 ?_022 DC M-•MHD CITY %�-:.•o. i:Sii:•..t�lii, ;: <ii-::,-'�:-.i.v-L�.;..: t:'cilYW.tlGi-itz..:ii;ifiii..�1:.;�E'TTlellt.lif'_k Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name SAMUEL A. MCCONKEY REV. TRUST Phone No. Address PO BOX 29522 RALEIGH, NC 27626 Name BAY COLONY COMMUNITY SER INC. Phone No. Address PO BOX 2366 MOREHEAD CITY, NC 28557 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 88684C -419 DEVELOPMENT LLC CIO KEVIN JENNINGS-08130/2 45735C-ANN HILL-0Fii12106 (MODIFIED (17107106); h. Signed consultant or agent authorization form, if applicable. L Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application, The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. further certify that the information provided in this applicationistruthful to the best of my knowledge. Date ����Z t-- Print Name Signature Please indicate application attachments pertaining to your p oposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information _11-10 1 "73 RECEIVED S'EP 0 7 2021 DGIVI-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government OPrivatelCommunity c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 553' (iv) Width 6' (v) Floating ❑Yes MNo e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 3 (iii) Length 15 18 5 (iv) Width 30 32 2 (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from driplino dimensions. g. (i) Number of slips proposed 5 (ii) Number of slips existing 0 i, Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel ®Open water; no dredging required ❑Other; please describe: k- Typical boat length: 25 m. (i) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 2 ❑ This section not applicable b. (i) Will the facility be open to the general public? ❑Yes MNo d. (i) Are Finger Piers included? ®Yes [:]No If yes: (ii) Number 4 (iii) Length 35 (iv) Width 3 (v) Floating ❑Yes 0No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 4 (iii) Length 14 14 15 6 (iv) Width 14 14 16 3 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 5 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). CENTER CONSOLE 1 JET SKI I. (i) Will the facility be open to the general public? ❑Yes ®No RKEIWED SF P 0 7 2027. WGIVi-MIWIC) CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalma.nagerment..net revised: 12/27/06 Form ®CM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No SEP 0 7 2p? () CAA-Ail!-1 D r, IT'y 252-808-2808 :: 1-888-4RCOAST :: www..nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ENo o. Is the marina/docking facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (5AV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ECW 96 ESAV 25o2 ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ENo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) E This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. Ifa rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) E This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑PrivatelCommunity C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) �EGEIVED SEP 07 2022 Mr) c i ry 252-808-2808 :: 1-£i88-4RCOAST :: www.necoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 15' AND 150' 150' AND 450' !Vote: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body APPROX. 8,000' (1.5 MILES) e. (i) Will navigational aids be required as a result of the project? ❑Yes [:]No ®NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 2.2' 8. OTHER ®This section not applicable a. Give complete description: 1�z, Date JENNINGS Project Name JOSHUA L. JOH SON, E Appl' t e Appf ant Si natu RECEIVED IVED SEP 47 Z02Z DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement,net revised: 12/27/06 MAJOR PERMIT FEE MATRIX Applicant: L119 Nye,10 664, P. G 1 b 069 Selection Development Type Fee DCM % DWQ % (14300 1601 4351000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: 11. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major oermit Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non - El commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: II1(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097 (See attached) can be applied: I II(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: I11(D). If General Water Quality Certification No. $400 60% ($240) 40%° ($160) 4097 (see attached) cannot be applied: IV. For development that El involves the filling and/or $475 60% ($285) 40% {$190} excavation of more than one acre of wetlands and/or open water areas: FOR REGISTRATION REGISTER OF DEEDS Karen S. Hardesty Carteret County, NC September21, 2021 1:38:37 PM DEED # Pages: 3 Fee:$26.00 NC Revenue Stamp:$3,700.00 FIDE # 1739204 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $3700.00 Parcel Identifter No. 635614436620000 Verified by Carteret County on the day of , 2021. By: Mail/Box White & Allen, PA This instrument \vas prepared by:..C. R. Wheatly+, III File M1 28765-1 Brief description for the Index: 419 NC HWY 24 THIS DEED made this 21 st: day of September, 2021, by and bet-,veen GRANTOR Ann Webb Hill, f/k/a, Ann W. Freshwater, wido-,v 150 Lands End Road, Apt. A23 Morehead City, NC 28557 Enter in appropriate block for each Grantor and Grantee: e.g. corporation or partnership. GRANTEE 419 Development, LLC A North Carolina Limited Liability Company 405 Ramblewood Drive Raleigh, NC 27609 name, mailing address, and, if appropriate, character of entity, The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, femirzne or neuter as required by context. 1!VITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of -,vhiclt is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Newport Torvnship, Carteret County, North Carolina and more particularly described as foifows: See attached Exhibit "A" submitted electronically by "white & Allen MHC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret County Register of Deeds. NC Bar Association rorni No. 3 O 1976, Revised © 1/1/2010 Printed by Agreement with the NC Bar Association RECEIVED JU[ 14 AV 1739204 All or a portion of the properq, herein conveyed does not include the primary residence of a Grantor. The property hereinabove described was acquired by Grantor by insitument recorded in Book 443, Page 008. A map showing the above described property is recorded in flat Book 7, Page 34, Cartetet County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in Fee simple. And the Grantor covenants with the Grantee, dint Grantor is seized of the premises is fee simple, has the right to convey the same in fee sitnple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the follot\ring exceptions: IN %X111NBSS NX IEREOF, the Grantor has duly executed the Foregoing as of the day and year first above written. li��4 Du -a {SEt1L) Ann Webb Bill State of North Carolina County of Carteret I, the undersigned Notary Public of the County and State aforesaid, certify that Ana Webb Hill personally .appeared before me this day and acknowledged the due execu ott of the fo • goin illstx►ttnetli for the purposes thereinexpressed. Witness my hand and Notarial stamp or seal this lay of , 2021. h'[y Commission Expires, (Affix Seal) `�*•`�AC,II; L. C,q OTAco �1-�c�` '. Notary,lic RECEIVED JUL 14 2022 NC Bar Association Donn No. 3 Q 1976, Revised © 1/1/2010 Printed by Agwlaaent with the NC Dar Association D C M_ M H U CITY 1739204 Exlfibii "A" Beginning on the southern right-of-way line of N.C. Highway #24, same being the northwest corner of the Walter Edwards property and the northeast corner of the Purcell .zones property; running thence with the western property line of Walter Edwards South 10-2G' West 942.1 feet to a concrete monument; thence continuing with the Walter Edwards line South 10-441 West 1088.2 feet to the ordinary highwater mark of Bogue Sound; thence with the waters cf Bogue Sound North 62-12' West 146.1 feet to a stake on the highwater mark; thence North 75--20' West 105.5 feet to a concrete marker on the highwater mark of Bogue Sound; thence North 10-15' East. 1890.6 feet to a concrete monument located on the southern right-of-way line of N.C. Highway #24; thence with the southern right-of-way line of N.C. Highway #k24 North 80-03' East 266.38 feet to the point of beginning, containing 11.95 acres, all in accordance with map of P.K. Ball, Surveyor, as recorded in Map Book 7, page 34, Carteret County Registry, and being the same property conveyed to grantors herein by deed of J. Purcell .zones, and wife, under date of 23 March 1968, and recorded in the Carteret County Registry, with riparian nights. AR 14 207.2 ()CM-MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00098 County: Carteret NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Address: Telephone Number: 419 DevelopmentLLC Kevin Jennings 405 Ramblewood Drive Raleigh, NC, 27609 919-6964820 Size (acres) 11.4 Nearest Town Morehead City Nearest Waterway Bogue Sound RiverBasin White Oak River Basin USGS HUC 03030007 Coordinates Latitude: 34.729593, Longitude:-77.821155 Location description: The proiectarea a 419 NC HWY24, P1N# 63561443620000, Morehead City, Carteret County N.C. Indicate Which of the Following Apply: A. Preliminary Determination X There appearto be waters, including wetlandspn the above describedproperty,thatmaybe subjectto Section404 ofthe Clean WaterAct (CWA)(33 USC § 1344) and/or Section 10 oftheRivers andHarbors Act (RHA)(33 USC § 403). The waters, including wetlati Rave been delineated, andthe delineationhas beenverifiedby the Corps to be sufficiently accurate andreliable. Therefore this prelim inaryjurisdiction determination maybe used in the permit evaluation process, including determ ining compensatory mitigation. Forpurposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on thebasis of a preliminary JD will treat all waters and wetlands that would be affected in anyway by the permitted activity on the site as if they arejurisdictional waters o fthe U.S. This preliminary determination is not an appealable actionunderthe Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There appear to be waters, including wetlands, on the above described property,that maybe subject to Section 404of the Clean WaterAct (CWA)(33 USC § 1344) and/or Section 10 oftheRivers andHarborsAct (RHA)(33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verifiedby the Corps to be sufficiently accurate andreliable. Thereforethis prelim inaryi urisdiction determination maybe used in the permit evaluation process, including determining compensatory mitigation. Forpurposes of computation of impacts, compensatory mitigation requirements, and other resource protectionmeasures, a permit decision made on the basis of a preliminary JD will treat a waters and wetlands that would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters ofthe U.S. This preliminary determ ination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 3 3 CFR Part 331). However, you may request an approved JD,wbichisanappealableaction,bycontactingtheCorpsdistrictforfurther instruction. There appear to be waters, including wetlandspn the above described property,that maybe subject to Section404 of the Clean WaterAct(CWA)(33 USC § 1344)and/or Section 10 of theRivers and Harbors Act (RHA) (3 3 USC § 403).However, sincethe waters, including wetlands, have notbeen properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption ofCWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S., including wetlands,n your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain consultant toconduct a delineation that can be verified by the Corps. B. Approved Determination Page 1 of 2 SAW-2022-00098 There are Navigable Waters ofthe United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403)and Section404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for a period not to exceed fivey ears from the date ofthis notification. There are waters of the U.S., including wetlands, on the above described property subject to the p ermit requirements of Section 404 of the Clean WaterAct(CWA)(33USC § 1344). Unless there is a change in law or our pub fished regulations, this determination maybe relied upon for a period notto exceed five years from the date ofthis notification. We recom mendyou have the waters of the U.S., includingwetlandsonyour property delineated. AstheCorpsmaynotbe able to accomplish thiswetland delineationin a timely manner, you may wish to obtain a consultantto conduct a delineation that can be verifiedby the Corps. —The waters of the U.S., including wetlands, on your property have been delineatedandthedelineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey willprovide an accurate depiction ofall areas subjectto CWA jurisdiction on yourproperty which, unless there is a change in law or ourpublished regulations, maybe relied upon for a period notto exceed five years from the date ofthis notification. The waters of the U.S., including wetlands, have been delineated and surveyed and area ccurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in law orourpublished regulations, this determination maybe relied upon fora periodnotto exceed five years from the date ofthis notification. There are no waters of the U.S., to include wetlands, presenton the above described prop erty which are subject to thepermit requirements of Section 404 of the Clean WaterAct (3 3 USC 1344). Unless thercisachange inlaw orourpublishedregulations, this determination may be relied upon fora periodnot to exceedfive years from the date of this notification. The property is located in one ofthe 20 Coastal Counties subject to regulation underthe CoastalArea Management Act (CAMA). You should contactthe Division of Coastal Management in Morehead City, NC, at (252) 808-2808to determine their requirements. Pla cement of dredged or fill material within waters of the US, including wetlands, without a Department ofthe Army permit may constitute a violation of Section 301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters ofthe United States without Department ofthe Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Thomas Charles at (910) 25 1-4 101 o r thomas.p.charies@,usacearmy.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: The project area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and aVpropriateRe ionalSu lenient. This determination is based on PJ D information subm itted byCZRIncorporated /Matt Smithanda deskto review by Thomas Charles 3/10/22 .Pleaseseeattachedma dated 12/22/21 419NCHWY24 Parcel Morehead City, CarteretCounty N.0 NIA. An Approved JD has not been completed. E. Attention USDA Program Participants The delineation in eluded herein has been conducted to identify the location and extent of the aquatic resource boundaries and/orthe jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you oryourtenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the localUSDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at33CFRPart331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyou request to appeal this determ inatio n you must submit a completed RFA form to the following address: SAW-2022-00098 US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth StreetSW, F1oorM9 Atlanta, Georgia 30303-8803 AND PHI LI P.A.SHANNINa,USACE.ARMY.MIL In order for an RFAto be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 3 3 CFR part 3 31.5, andthat it has been receivedby the Division Office within 60 days ofthe date ofthe NAP. Shouldyou decide to submit an RFA form, it must be received at the above address by NIA. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by Thomas Charles Corps Regulatory Official: Thomas Charles _ Date: 2022.43.E 1 15:12:35-05'00" DateofJD: March11,2022 Expiration Date: NIA The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httpsWregulatory. ops.usace.anny.mil/customer-service-surveyl. Copy Fumished: CZR Incorporated MattSmith 4709 College Acres Drive, Suite 109 Wilmington, NC,2S403 L) ii, ryl ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 MEMORANDUM �nEQ NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnara_NCDENR.gov SUBJECT: CAMA Application Review Applicant: 419 Development LLC Project Location: 419 Hwy 24 Morehead City, Carteret County Proposed Project: 5 slip docking facility for private use Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by October 19, 2022. If you have any questions regarding the proposed project, contact Brad Connell 252-515-5415. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** PRINT NAME AGENCY SIGNATURE DATE This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 NORTH CAROUNA - Oepadment01EnWronmenmlQuality /� 252.808.2808 I-- — J OPa ZV�� 3y q�qpn � lio pu r) l I I / r I rl I L L F _NDtl9135 NVI2Wd121_ _ _ _ _ g_ _ -------------------- 11�H I . 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