20231281 Ver 1_CAMA Application_20230918

DIVISION OF COASTAL MANAGEMENT
Fnviranmenra! FIELD INVESTIGATION REPORT
QG<)Ilty
1. APPLICANT'S NAME: BUTCH HOWARD
2. LOCATION OF PROJECT SITE: 737 Cannonsgate Dr Newport, NC 28570
Longitude:-76.97617 Latitude: 34.70661
3. INVESTIGATION TYPE:
4. INVESTIGATIVE PROCEDURE:
Date of Visit
Purpose of Visit
Applicant Present?
9/8/2023
Site Visit
No
5. PROCESSING PROCEDURE -
Application Received
Application Complete
I Regional Office
8/25/2023
9/11/2023
1 DCM - Morehead City Regional Office
6. SITE DESCRIPTION:
(A) Local Land Use Plan: Town of Newport
Land Classification from LUP: Land Classification From LUPs
(B) AEC(s) Involved: Coastal Shoreline, Estuarine Shoreline
(C) Water Dependent: No
(D) Intended Use: Private/Community
(E) Wastewater Treatment:
Existing:
Planned: Central & Municipal
(F) Type of Structures:
Existing:
Planned: Fill(general), High ground disturbance, Res. bldg.(single family),
Retaining wall
(G) Estimated Annual Rate of Erosion:
Erosion Information Source: Annual Erosion Source
7. HABITAT DESCRIPTION:
DREDGED (ft)
FILLED (ft)
OTHER (ft)
A Open Water
CW's above NHW
C CW's below NHW
Shallow Bottom
High Ground
Non -Coastal WL
3050
(E) Total Area Disturbed: 5000 ft'
(F) Primary Nursery Area: No
(G) Water Classification: ORW: Outstanding Resource Waters; SA: Market Shellfishing,
Tidal Salt Water
Open to Shellfishing: Yes
Field Investigation Report: BUTCH HOWARD
DCM Major Permit
Page 11

8. PROJECT SUMMARY:
The proposed project is for approximately 3100sgft of earthen fill to be placed over 404
wetlands landward of a proposed 40' retaining wall with 80' return walls to allow construction
of a single family residence.
9. NARRATIVE DESCRIPTION:
The property is located adjacent to Bogue Sound at 737 Cannonsgate Drive in Newport,
Carteret County. 737 Cannonsgate Drive property is 19,166sgft. The property is within the
Cannonsgate Subdivision. There are no structures developed on this property. Cannonsgate
Subdivision properties are served by a community wastewater treatment facility. The Adjacent
riparian properties to the east and west of 737 Cannonsgate Drive are currently undeveloped.
The average elevation of the high ground within the Estuarine Shoreline is 5' above the normal
high water (NHW) and consists mostly of grass, sand, and woody shoreline vegetation. This
waterfront property is 40' in width. There is 40 linear feet of shoreline along Bogue Sound on
this property. The project area is an average of 165' landward of NHW of Bogue Sound. The
tidal amplitude for this area is approximately 2 foot relative to NLW/MLW. There is a fringe
of coastal wetland marsh consisting mostly of Spartina alterniflora and Juncus roemerianus
along the immediate shoreline that blends into a woody transitional zone consisting of
primarily of yaupon and wax myrtle shrubs as the elevation changes toward the upland area.
The Division of Water Resources Classifies this area as ORW/SA Waters and is open to
shellfish harvesting. The waters contiguous to this property are not classified as a Primary
Nursery Area and submerged aquatic vegetation habitat could be within the vicinity of the
property in Bogue Sound. There is a defined Federal Channel offshore to the project area.
10. PROJECT DESCRIPTION:
The applicant proposes to backfill 3100sgft of 404 wetland behind a proposed 40' retaining
wall with 80' return walls to construct a single family residence and associated driveway and
utilities.
11. ANTICIPATED IMPACTS:
There would be minimal impacts to coastal waters, coastal wetlands, and the estuarine shoreline.
3,100sgft of 404 wetlands would be filled.
Name: Wayne Hall Date: 09-15-2023 Office: DCM - Morehead City Regional Office
Field Investigation Report: BUTCH HOWARD
DCM Major Permit
Page 12

Mr
0utkern Environmental Groin Inc.
5515 Soutk College Road, Suite r
Wilmington, NC 2841 2
737 Cannonsgate Drive, Carteret County, NC
CAMA Major Project Narrative
Prepared for:
Mr. Butch Howard
4664 Mark N. Smith Road
Deep Run, NC 28252
Prepared by:
Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28571
Date:
21 August 2023

737 Cannonsgate Dr. CAMA Maior Permit PN
1) Project Information:
Carteret Co. Parcel ID 4: 630504842170000 (see Attachment 1)
Project Location: 737 Cannonsgate Drive, Cannonsgate S.D. (see Attachment 2)
Project Size: 0.44. +/- AC (see Attachment 3)
Waterbody: Bogue Sound (see Attachment 4)
DWR Water Classification: SA;ORW (see Attachment 4)
3) Purpose and Need:
The purpose of this project is to construct a single family dwelling on the Applicant's property, within the existing
Cannonsgate Subdivision, in Newport, NC.
4) Project Location and Site Conditions
The proposed project site is located within Cannonsgate S.D., which was developed in 2008 and is adjacent to Bogue
Sound, an Outstanding Resource Waters (ORW) that carries a 575' Area of Environmental Concern (AEC).
Cammosgate roads and infrastructure were permitted without needing impacts to Section 404 wetlands but did require
a CAMA Major Permit, to construct the marina, and a stormwater permit, which regulates the maximum built upon
area (BUA) for each lot. In this case, BUA shall not exceed 3000 square feet.
The site is relatively flat, maintained grassy, yard within the first 65', where it transitions down grade approximately
6', into a Section 404 wetland. The wetland is mostly comprised or scrub shrub wetland species, such as wax myrtle,
black willow and pond pine. All mature trees are located outside the proposed development area (see Attachment 6).
5) Project Description
This project is not within 40' of normal high water (NHW), but it is within the 575' ORW AEC and requires a federal
permit (i.e., USACE Nationwide Permit 18) and state permit (i.e., DWR 401 Water Quality Certification) to
permanently fill 0.07-acre of Section 404 wetlands that are adjacent to tidal waters. The fill is required to provide
adequate building foundation for the proposed 54' x 29' dwelling. A 200 LF retaining wall will be installed around the
proposed clean earthen fill. This is intended to provide protection against erosion and to minimize the permanent area
of Section 404 wetland impact. Approximately 400 SF (0.009-acre) of Section 404 wetland impact is necessary to
construct the wall, which has not yet been designed. In total, 0.079-acre of Section 404 wetlands will be disturbed with
this project. Due to the de minimis amount of wetland impact proposed (i.e., less than 0.10-acre) the Applicant is not
required to mitigate for the loss of function associated with the impact. Conventional building materials will be used
to construct the house and the retaining wall, and concrete will be used for the driveway and any walkways. Please see
Attachment 3 for details of the site plan.
Built upon area (BUA) will cover 3000 square feet or 16% of the property. Stormwater generated by the development
will be directed toward the street, where it will be collected and treated prior to discharging into adjacent surface
waters. The project does not require a Sediment and Erosion Control Permit, since the proposed work will not disturb
more than 1 acre, but silt fence and other best management practices will be employed, to ensure discharges of
sediment, outside the limits of disturbance, does not take place during the construction process. Heavy equipment, such
as a backhoe, front end loader, and dump truck, will be used to complete the earth work. The machinery will be stored
in uplands when not in use.
The project site is within the 100 year flood zone (i.e., AE8 and Limit of Moderate Wave Action (LiMWA) - see
Attachment 6), no work is proposed within the LiMWA. The structure will be built so as to provide at least 2' of
freeboard between the base flood elevation and heated floor space and break away walls or vents will be utilized on
the bottom floor.
6) Threatened and Endangered Species:
All of the proposed work will take place above the NHW or MEW line. According to the USFWS Official Threatened
and Endangered (T&E) Species List (see Attachment 7), there are several species found within Carteret County, but
Page 2 of 14

737 Cannonsaate Dr. CAMA Maior Permit PN
the project site does not exhibit habitat needed to support them, and there is no critical habitat (CH) found in this area.
Furthermore, the project will not affect essential fish habitat (EFH), as no work is to take place below NHW. Thus,
SEGi has determined that the proposed project will not adversely affect T&E, EFH and/or CH.
7) Adjacent Riparian Property Owner Notifications:
In accordance with 15A NCAC 07J .0204(b)(5), the adjacent property owners (i.e., Cannonsgate HOA and Johnson
Trust) have been notified via certified return mail. The notification included the site plan and a description of the
proposed development. Please see Attachment 11, for copies of the certified letters and the certified mail receipts.
8) DWR Pre -Filing Request Requirement:
SEGi submitted a Pre -Filing Request Form to the DWR on 1/11/2023 (see attached). The project proponent hereby
certifies that all information contained herein is true, accurate, and complete to the best of their knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action, on this CWA 401
certification request, within the applicable reasonable period of time.
9) Summary:
In summary, Mr. Butch Howard is seeking authorization, in the form of a CAMA Major Permit, to perform new work
within the ORW 575' AEC, at his property located at 737 Cannonsgate Drive, in Carteret County, North Carolina. It
is the Applicant's belief that the proposed work is consistent with the rules governing development within the ORW
575' AEC.
Page 3 of 14

737 Cannonsaate Dr. CAMA Maior Permit PN
Attachments
Number
Description
Page
1
Carteret County GIS Aerial Photo, Parcel Information and Deed
5
2
Vicinity Map
6
3
737 Cannonsgate Drive Site Plan & Wetland Impact Map
7
4
DWR Water Classification Map
8
5
Site Photo
9
6
Carteret County GIS Flood Map
10
7
USFW Official Species List
11
8
Adjacent Riparian Property Owner Notifications and Certified Mail Receipts
12
9
DWR Pre -Filing Request
13
Page 4of14

737 Cannonsgate Dr. CAMA Major Permit PN F C, i
Attachment 1
Carteret County GIS
Aerial Photo with Parcel Information & Deed
Page 5 of 14

/_ 1nW
NORTH CAROLINA, CARTERET COUNTY
This Insimment and this certMcate are duty led at
the date and time anckIn the Book and Page shown
on the Knit page hemof.
Lowrenr�, tttegis t
UAL Dept%tt. Wm at Deal.
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $ 136.00
FOR REGISTRATION REGISTER OF DEEDS
Joy Lawrence
Augus
Carteret County, NC
l 29, 2013 02:17:38 PM
IWW DEED 3 P
FEE: $26.00
NC REVENUE STAMP: $136.00
FILE # 1458349
Parcel Identifier No. 630504842170000 Verified by County on the day of 20_
,--Mail/Box to: Richard L. Stanley, P.O. Box 150, Beaufort, NC 28516
` This instrument was prepared by: Richard L. Stanley, 601-6 Cedar Street, Beaufort, NC 28516
Brief description for the Index: LOT 458, Cannonsgate at Hogue Sound
THIS DEED made this 27th day of August 20 13, by and between
GRANTOR
NewDominion Bank
I II I Metropolitan Avenue, Suite 500
Charlotte, NC 28204
GRANTEE
Butch and Wanda Howard
Family Limited Partnership
4664 Mark N. Smtih Road
Deep Run, NC 28525
Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WTTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which 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
City of Newuort Township, CARTERET County, North Carolina
and more particularly described as follows:
BEING all of Lot 458, Cannonsgate at Bogue Sound as shown on plat recorded in Map B000k 30, pages 780-790„ Carteret
County Registry,
The property hereinabove described was acquired by Grantor by instrument recorded in Book page
All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor.
NC Bar Associadon Fonn No. 6 ® 1/1/2010
Pdnled by Agreement with the NC Bar Assoeialion
BOAKIL6A PAGE 3q9 0

A map showing the above described property is recorded in Plat Book page
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, that Grantor has done nothing to impair such title as Grantor received, and Grantor will
warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following
exceptions: Easements and restrictions of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
NewDominion B I (SEAL)
(EW& N e) PrinVType Name: _
By:
= SEAL
Print/Type Name & T Ie , President Print/Type Name:
By: I —+ —t • SEAL
Print/Type Name & Title:, Secretary/Treasurer Print/Type Name: I Uj o
By: _ } SEAL
Print/I'ype Name & Title: Print/Type Name: Q o
- O
State o Z s County or City of O 2
I, the undersigned Nott Pu County or City of �6✓Lr e/J�and State afo dd, ceri that
�� personally a ared be me this day and
ackno edged t e due execution of the foregoing instrumen�Y the purposes therein expressed. Witness my ancia otarial stamp or
seal this a?dV5�4ny of Gse�i/s27` 20/
67
My Commission Expires: S ve Notl6y Public
(Affix Seal) Notary's Printed or Typed Na e
State of North Carolina - County or City of .
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
personally came before me this day and acknowledged that _he is the
President of NewDominion Bank a North Carolina or
corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority
duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness
m hand and Notarial s m or seal, thh��'s77th d o 20 �yy--
dQ d, f/ot0 (�il�ei,QQ y �.t� P-,_n, +� li t-C ��/
Y P
My Commission Expires: Notary Public
(Affix Seal) Notary's Printed or Typed Name
State of - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
Witness my hand and Notarial stamp or seal, this day of 20.
My Commission Expires: Notary Public
(Affix Seal) Notary's Printed or Typed Name
NC Bar Association Form No. 6 6) 111/2010
Printed by Agreement with the NC Bar Association
BOOK 1408 PAGE 3Yy

1111111 NEWDOMINION BANK Site OOr Charlotte,, NC 28204
CERTIFICATE
OF NEWDONIINION BANK
PO Box 37389 T 704 943 5700
Charlotte, NC 28237 F 704943 5699
1. Pursuant to an omnibus resolution of the Board of Directors of the Corporation
(the "Resolution"), Greg Burke, as an executive officer of the Corporation is
authorized and empowered to execute all documents, agreements, 'contracts,
deeds and other instruments necessary for the conduct of the business of the
Corporation, including documents relating to the sale of property owned by the
Corporation.
The undersigned who is the duly elected, qualified and acting Secretary of the
Corporation, hereby certifies that the foregoing Certificate is a correct summary of the
key provisions of a Resolution that was duly adopted by the Company's Board of
Directors present at a meeting of a quorum of its Board of Directors, that such
Resolution has not been amended, modified or rescinded and remains in full force and
effect, and that the Buyer and its title company may rely on this Certificate.
This the 71h day of November, 2011.
- J
Susan L. R ehr
Vise President, Corporate Secretary
NewDominion Bank
[SE.aL] .
BOOK I Y6 � PAGE_

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737 Cannonsgate Dr. CAMA Major Permit PN F C, i
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Page 6 of 14

737 Cannonsgate Dr. CAMA Major Permit PN F C, i
Attachment 3
737 Cannonsgate Dr. Site Plan
Wetland Impact Map
Page 7 of 14

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Attachment 4
DWR Water Classification Map
Page 8 of 14

737 Cannonsgate Dr. CAMA Major Permit PN F C, i
Attachments 5
Site Photo Taken 8/21/23
Page 9 of 14

737 Cannonsgate Dr. CAMA Major Permit PN F C, i
Attachment 6
Carteret County GIS Flood Map
Page 10 of 14

737 Cannonsgate Dr. CAMA Major Permit PN F C, i
Attachment 7
USFWS Official Species List
Page 11 of 14

737 Cannonsgate Dr. CAMA Major Permit PN F C, i
Attachment 8
Adjacent Riparian Property Owner Notifications
Page 12 of 14

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15outkern E-nvirommntal Group, Inc.
53 15 South College Road, Suite r,
Wilmington, NC 2841 2
August 21, 2023
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Cannonsgate at Bogue Sound Homeowners Association, Inc.
c/o Mr. Richard Sweyer
1612 Military Cutoff Road, Suite 108
Wilmington, NC 28403
Re: Coastal Area Management Act ("CAMA") Major Permit
Mr. Butch Howard — 737 Cannonsgate Drive
Carteret County, North Carolina
Dear Mr. Sweyer:
Southern Environmental Group, Inc. (SEGO, on behalf of Mr. Butch Howard (herein referred to as the
"Applicant") is in the process of securing a Coastal Area Management Act ("CAMA") Major Permit, from
the North Carolina Division of Coastal Management (DCM), for work that is planned to take place at 737
Cannonsgate Drive, in Carteret County, North Carolina. As part of the CAMA Major Permit process, the
Applicant is required to notify the adjacent riparian property owners of the proposed work. According to
the Carteret County GIS, the Cannonsgate HOA property is an adjacent riparian property and, therefore,
should be notified.
The Applicant intents to construct a single family dwelling on the subject property. That work includes
removing all woody vegetation from the development area, installing a retaining wall around the fill limits,
and backfilling with clean earthen soil, to the desired grade and contour. As part of the development,
approximately 0.007-acre of Section 404 wetlands will be permanently filled, and 0.004-acre of wetlands
will be temporarily impacted. Please refer to the attached site plan for details of the proposed work. As you
will see, no work is proposed to take place outside the Applicant's property limits, thus no action on your
behalf is required.
However, should you have any questions about the proposed development, please do not hesitate to contact
me at [phone] or by e-mail, at dlutheran&segi.us. If you wish to comment on the Applicant's
proposed development, please either email Ms. Heather Styron at heathers , ron&c.deq.Rov or mail your
comments to her office at the NC DCM, 400 Commerce Avenue, Morehead City, NC 28557. Please copy
me, should that take place.
Sincerely
yours,
off urns
Dana A. Lutheran
SEGi Regulatory Specialist
Enclosures (1)

15outkern Envirommntal Group, Inc.
53 15 South College Road, Suite r,
Wilmington, NC 2841 2
August 21, 2023
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Johnson, Linda Etal. Stacy G. Trust
119 Running Dear Lane
Princeton, NC 27569
Re: Coastal Area Management Act ("CAMA") Major Permit
Mr. Butch Howard — 737 Cannonsgate Drive
Carteret County, North Carolina
To whom it may concern:
Southern Environmental Group, Inc. (SEGO, on behalf of Mr. Butch Howard (herein referred to as the
"Applicant") is in the process of securing a Coastal Area Management Act ("CAMA") Major Permit, from
the North Carolina Division of Coastal Management (DCM), for work that is planned to take place at 737
Cannonsgate Drive, in Carteret County, North Carolina. As part of the CAMA Major Permit process, the
Applicant is required to notify the adjacent riparian property owners of the proposed work. According to
the Carteret County GIS, Lot 459 Phase 1, which is listed as being owned by Johnson, Linda Etal. Stacy G.
Trust, is an adjacent riparian property and, therefore, should be notified.
The Applicant intents to construct a single family dwelling on the subject property. That work includes
removing all woody vegetation from the development area, installing a retaining wall around the fill limits,
and backfilling with clean earthen soil, to the desired grade and contour. As part of the development,
approximately 0.007-acre of Section 404 wetlands will be permanently filled, and 0.004-acre of wetlands
will be temporarily impacted. Please refer to the attached site plan for details of the proposed work. As you
will see, no work is proposed to take place outside the Applicant's property limits, thus no action on your
behalf is required.
However, should you have any questions about the proposed development, please do not hesitate to contact
me at [phone] or by e-mail, at dlutheran&segi.us. If you wish to comment on the Applicant's
proposed development, please either email Ms. Heather Styron at heather.slyronknc.deg.gov or mail your
comments to her office at the NC DCM, 400 Commerce Avenue, Morehead City, NC 28557. Please copy
me, should that take place.
Sincerely yours,
Dana A. Lutheran
SEGi Regulatory Specialist
Enclosures (1)

737 Cannonsgate Dr. CAMA Major Permit PN F C, i
Attachment 9
NC DWR Pre -Filing Request
Page 13 of 14

From: dlutheranCabseai.us
To: 401PreFileCla ncdenr.aov
Subject: 737 Cannonsgate Drive, Carteret Co. DWR Pre -Filing Request
Date: Wednesday, January 11, 2023 10:28:07 AM
Project Location: 737 Cannonsgate Drive, Bogue, Carteret County (PID: 630504842170000)
Applicant: Butch and Wanda Howard
Address: 4664 Mark N Smith Rd, Deep Run, NC 28525
Project Info: Proposed project includes filling less than 0.10-acre of Section 404 wetlands, for the purpose
of constructing a single family dwelling.
Soutkem environmental 3oup, Inc.
5515 South College Road, Suite E
Wilmington, NC 2841 2
rkone: 9 1 0.452.27 1 1
Mokile:910.228.1841 (Preferred)
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