20051556 Ver 1_Complete File_20050812

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality

September 26, 2005

Raymond Pysher
801 Crook Crossing Trail
Stoney Creek, NC 27377

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 (l05' X 71 '), (32' X 15'), and (20' XI3') 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 CMIA 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://h20.enr.state.nc.us/ncwetJands/certs.htmI.This Certification allows you to use your CAMA Pern1it
when the NC Division of Coastall\1anagement 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 CA:\IA 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 approvallctter 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 [phone] Fax [phone] One .

Ao Eq,,' OPP'"""yIAff"moti" Ad" Employ" - 50% R"y"'dllO% PO;l C";om,, Pop" N;~~ ~r;}i; a

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 40 I 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 40 I 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.

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Sincerely,

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Alan W. Klimek, P.E., Director
Division of Water Quality

Attachmcnts: GC # 3400
Certificate of Completion

cc: Corps of Engineers Wilmington Field Office - Hemy Wickcr
DCM WiRO - Ryan Davcnport
DCM Morehcad - Doug Huggett
401 Oversight/Exprcss Revicw Pemlitting Unit - Ian McMillan
WiRO

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United States Department of the Interior

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FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

October 3, 2005

Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890

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OC1 1 7 2005

O-NR WATER QUALITY
~iET~OS Aim STom,fNATER BRANCH

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) pem1it to dredge around docking facilities
and create an access channel. The proposed work is being considered under Regional
General Pem1it #198000291, a pem1itlprocessing 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 (ML W) to 4.1 feet at ML W. 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 docs not contain
coastal wetlands or submerged aquatic vegetation (SA V). 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 Cartcret 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 pern1itting 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 <
http://www.Jlcsnarks.net/nhn/quad.html>. .

Our review indicates that the only federally listed species likely to occur in the project
area is the West Indian manatee (Trichechlls mallatlls), 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 inforn1ed 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://nc-es.fws.rrov/mammal/manatee rruidclines.pdf>. The risk to
manatees could be reduced to an acceptable level by the implementation of the Service's

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 SA V, 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 bye-mail at <
[e-mail] >. Please provide this office with a copy of the coordinated
federal position, if one is developed.

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eter &.enjamin
Ecological Services Supervisor

cc:

Ron Sechler, NOAA Fisheries, Beaufort, NC
Maria Tripp, NC Wildlife Resources Commission, Washington, NC
Ms. Tere Barrett, NC Division of Coastal Management, Morehead City, NC
John Dorney, NC Division of Water Quality, Raleigh, NC

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WilMINGTON, NORTH CAROLlNA28402-1890

IN REPLY REFER TO December 6, 2005

Regulatory Division

Action ID No. 200501106 and State Permit No. 179-05

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DEe 8 2005

Raymond Pysher
801 Creek Crossing Trail
Stoney Creek, North Carolina 27377

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YiE~~: Ni~J~TORI.rNATER BRANCH

Dear Mr. Pysher:

Reference your application for a Department of the Anny 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 [phone] O.

Sincerely,

Henry Wicker
Regulatory Project Manager

I #

Enclosure

Copies Furnished without enclosure:

Mr. John Dorney /
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650

Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303

Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557

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
Pivers Island
Beaufort, North Carolina 28516

Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110

Ms. Tere Barrett, District Manager
Morehead City Regional Office
North Carolina Division of Coastal
Management
400 Commerce Avenue
Morehead City, North Carolina 28557

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STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Coastal Resources Commissj(lll

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pursuant to NCGS 113A-118

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:~ Issued to RaYIllo11d I)ysllcr, 801 Creel( Crossing 'frail, Stolle)' Crcclc, NC 27377
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Authorizing development in Carterct County at adj. Bogue Sound, 267 Live Oak Road,

_~ Excavation and/or filling pursuant to NCGS 113-229

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 10/1 0/05, and 1 dated 11/14/05

This permit, issued on Novemlwr 2S, 2005 , is subject to compliance with the application (where consistent
Ix 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.

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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.

I This permit action may be appealed by the permittee or
~. other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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(See attached sheets for Additional Conditions)

Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.

All work must cease when the permit expires on

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, Charles S. Jones, Dlrector
~ Division of Coastal Management

This permit and its conditions are hereby accepted.

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
hereunder requires further Division approval.

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December 31, 2008 ~
l In hsuing this pennit. the State of North C<uolina ag<"s I

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No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable }
waters at or adjaccnt to the authorized work. t

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Thc authorized structure and associated activity shall not cause an unacceptable interference with

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4)

Pcnnlt #179-05
Page 2 of 4

ADDITIONAL CONDITIONS

11a vigation.

5) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittce 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 proposcd 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 10/10105.

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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.

10)

. 11)

12)

13)

Spoil Disposal

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.

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

The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead and shall be
located landward of any coastal wetlands.

The alignment of the permitted bulkhead shall be staked by the permittee and approved onsite by a i

representative of the Division of Coastal Manageme~,~_""",,,,,,,,,,,,,,,,,,,,,,,,,,, _"""""""",,,,,,,,,,,,,,,,,,,,,, J

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The bulkheau shall be constructed prior 10 any backfill ing activities.

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The bulkheau ~.1Jall be structurally tight ~;o as to prevent :iccpa['c of backfill materials thl'Ough the i
structure. ~
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The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other i
suitHhlc materials approved by Department personnel. x

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A silt fence shall be properly installed immediately landward of all bulkhead caps immediately *
following completion of backfilling activities. If.

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.

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ADDITIONAl, CONDI'fl()~~S

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18)

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 \Vest Indian Manatee in North Carolina" shall be followed.

23) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.

24) No vegetated wetlands shall be excavated or filled, even temporarily.

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This permit cloes not eliminate the need to obtain any additional slate, federal or local permils, 1:
approvals or authorizations that may be required. ~
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The N.C. Division of Water Quality has authorized the proposed project under General Water I
Quality Certification No. 3400 (DWQ Project No. 051556), which was issued on 9/26/05. f
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The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200501106.

Pcnllit #J'l9-05
Page tl of <1

:,: H,1)'mond Pysher

ADDITIONAL CONDITIONS

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Future developmellt of the permittee's properly may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the cormnencement 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:

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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:

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OC1 1 1 2005
DENR.WA1~~~~~~~CH
'UEllNlDS f..NO s~

Reference the application of Raymond Pysher for a Department of the Anny permit to
dredge around an existing ramp and dock, move the existing boatIift 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 pennit. Any modification to these plans must be approved
by the US Anny 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 NOAAINATIONAL 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 [phone],
Ext. 526 or [phone] 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 [phone].

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. Ifthe 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 ofthe 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 ofthis
project with a copy ofthis permit. A copy ofthis 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
pemlit 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 NTD's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTD's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTD's or less in trout waters, are not
considered significant.

19. The permittee, upon receipt ofa 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 (Triclzeclllls 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 [phone].

Sincerely,

Henry Wicker, Project Manager
Wilmington Regulatory Field Office

Enclosure

Copies Furnished (Wit7out nclosure):

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 29412-9110

4

Ms. Tere Barrctt, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commercc Avenue
Morehead City, North Carolina 28557

Commanding Officer
U.S. Coast Guard Marine Safety Officc
721 Medical Center Drive, Suite 100
Wilmington, North Carolina 28401-4895

5

projects

1 of 1

Subject: projects
From: Joanne Steenhuis <[e-mail]>
Date: Mon, 26 Sep 2005 10:24:09 -0400
To: Ian McMillan <[e-mail]>, Doug Huggett <[e-mail]>, Robb
Mairs <[e-mail]>, Ryan Davenport <[e-mail]>, Henry Wicker
<Henry.M. [e-mail]>

The following projects have been issued a 401 Cert on 9/26/05:

Raymond Pysher DWQ # 05 1556 Carteret County
Inlet point Harbor DWQ # 05 1610 New Hanover County

The following project does not require a 401
Shannon pointe DWQ# 051599 New Hanover County

9/28/2005 2:33 PM

AVA
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:

Ms. Cyndi Karoly
Environmental Biological Supervisor
Division of Water Quality

1f!~@~!lfJ?J
4UG 1 ~ @
J:~~~~tr. 2 2005 /!!J
I~ 4-\t1' w~r~.-o
VS{(1....f Qu.
vr(1.(Jfii~lt7y
I?s,
CAMNDREDGE & FILL Pernlit Application Review

FROM:

Doug Huggett
Major Pennits Processing Coordinator

SUBJECT:

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 fonn by
August 29, 2005. If you have any questions regarding the proposed project, please contact Ryan Davenport
at [phone]. When appropriate, in-depth comments with supporting data are requested.

REPL Y:

_ 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: [phone] \ FAX: [phone] \ Internet: "/ww.nccoastalmanagement.net

;"n Equal O~portunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper

DIVISION OF COASTAL lVIANAGEl\JENT
FIELD INVESTIGATION REPORT

1. APPLICANT'S NAlYIE: Ray Pysher

2. LOCATION OF PROJECT SITE: 267 Live Oak Road in Bogue, Cartcret Co.

Photo Index - 2000: 39.479 grid (P15)(Q15) 1995: 39-479 grid (Q22)(R22)(S22)

State Plane Coordinates - X: 2600604.261 Y: 3.~981O.755 H"over # J72215A

3. INVESTIGATION TYPE: CAMND&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

G. 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) \Vastewater 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:

.-~----- ---- ____.._. u. __ _ - . ---
(A) High Ground 5,805 ft2
(B) Open Watcr 475 ft2 Incorp.
306 ft2 Shaded
(C ) Shallow Bottom Habitat 9,835 ft2

DRED..GED

FILLED

QIHER

(D) Total Area Disturbed: 16,115 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW

Open: Yes

8. PROJECT SUM.\lARY: The applicant is proposing to dredge around a ramp and docks. This area
would be connected to AIWW with an 82'X20'(l640ft2) access channel. An existing boatlift would be
relocated to the dredged area. Finger piers and docks \''i'ould also be constructed in the dredged area. A
145' section of bulkhead would be replaced.

[~i " , ;.\ ~. '} c: .
t...
....' . , "

Development Type

I. Private, non-almmerdal
development that does not involve
:he filling or excavation of any
wetlands or open water areas:

II. Public or commercial development
that does not involve the filling or
excavation of any wetlands or open
water areas:

111. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas, determine if A, 8, C, or 0
::e!ow applies:

III(A). For Private, non-commercial
development. If General water Quality
Certification No,3301 (see attached)
can be applied:

III(S): For pu:iic or commercial
development, if General water Quality
Cerjflcation No,3301 (see attached)
Q;Jn be applied:

.' -:-- ~

III(C). If General Water Quality
Certification No. 3301 (see attached)
could be applied, but DCM staff
determined that additional review and
written DWQ concurrence is needed
::eQ;Juse of concems related to water
qualir/ or aquatic life:

111(0). If General Water Quality
CertiflQ;Jtion No. 3301 (see aruJched)
can not be applied:

IV. For development that involves
the filling and/or excavation of more
~hJn one acre of wet!ands and/or
open water areas:

DCM 'Y.
/143001601435100093162562531

100% (S250)

100% ($400)

100% (S250)

100% (S..OO)

60% (S2~0)

60% (S2~0)

60% (S235)

-,

DWQ 'Y.
124300160243510009523411

0% (SO)

0% (SO)

0% (SO)

0% (SO)

40% (S 160)

40% (S160)

40% (S 190)

"'2 ~
'21i~

,~

.r~z

1-

.~

,""
~l
1/
q
ii-
j~-

Field Investigation Report:
Ray Pysher
Page 02

9. Narrativc Descrintion:

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 sicle 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 ~\I1c1 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 altcrniflora). Smooth Cord grass (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 t\VO 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 an:: 110
shellfish leases in this area.

10. Projcct 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. lIe also
proposes to excavate three areas around the peninsula. These areas would be 105'X7\"
32'XI5', and 20'X13' respectively. In the excavated area he proposes to construct three
docks that would be 35'X2', 24'X4', ancl35'X4' respectively. A boatlift would be rc10cated
to the excavated area and a new 145' bulkhead \vill be placed on the cast side of the peninsula.

The proposed access channc1 \vould begin 100' waterward of the peninsula at the -4' NL W
contour and extend landward 82'. It would be 20' \vide and 122 yd 3 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 \vould 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
lO5'X71' (690 yd3) and 15'X32' (45 yd3) respectively. All excavated areas would have a
connecting \vater 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 \liould be 35'X2', 24'X4' and 35'X4' respectively. The existing
docking facilities along with the proposed improvements \vould 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 l~oad 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 \vould 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, 200S

Form DCM-r-.-lP-l

APPLICATION

(fo be completed by all applicants)

1. APPLICANT

a. Landowner:
Name k {:.;'{ N\O N"D Y'<S\\ER
Address 80) ("','(00 '<.. C\''')C'S>/O \fo_; I

City S t D v\ (> '-', Cy\> P \:... State "'-) C
Zip d-.-/~77 Day Phone 33::'-~S~-04~S
Fax 33(o-4-4b- ;1.01S

b. Authorized Agent:

Name

Address

City

Sute

Zip

Day Phone

Fax

c. Project name (if any) R € r.J ~_' f:S
~\.) C,\j '; \ ') or '--'~

\
c;~_L ~

NOTE: Permit ...-ill b< issued in ~ of ~r(s). end/or
projer;t ~.

2. LOCATION OF PROPOSED
PROJECT

a. County (' C. y- -\- -e v (' T

b. City, town, community or landmlrk
N.e,,>?ort-) 'Me

c. Street address or sec()ndary road numtler
;1~ 7 ~ ,'V ~ 0 C{ \:.. ~o /i-"6

d. Is proposed work within city limits or planning
jurisdiction? Yes V No

e. Name of body of water nearest project (e.g. river,
" ,-- \
creek, sound, bay) 'r" ''):;'1 , I ~ -:--,(')',1,' C'>

3. DESCRIPTION ~~rn PLANI\~D USE
OF PROPOSED PROJECT

a. List all development activities you propose (e.g.
building a borne, motel, lUlrina, bulkhead, pier, and
e:\:C4vation and/or filling activities.
~"\)C1.r (~O('.:.<:.. \),...,,\0, \",.) ~!)(\;:-f
. \, " ,.' ,\, '
I f' f"'... _ I J \ \ ,,) I _ ~ 1\ \t] , I" ( '...\ l;l l"\ \ \A CS "";- ~. \ \

S~~:. 1,,'(') ,...." r-.-,', -'f~':'\ ,',,'f\QVe ~C~ 7

\; ':-~ r-_l...,. ). ',~' ,f,_, _' ~ .~' ~' /..( *,,' v\ .::: \

b. Is the proposed activity maintenance of an e:\:isting
project, new work, or both? D D ~ \/

c. Will tl:e p~o~~ be fOi public, private or commercial
use? ";-"r, \) CI - ,

d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please atuch
add" al - ,
Itlon pages. \. ',I. ':. "I""<::~ .-. -:-')
\ \ ", '
\\,\ :J',.' '"" 1I.' :'\ ,- ~ -;- 'r 'I::' ,,". ;)V~C;) 1':.1 -:':>
o r-(' ()~ \ /-\".\ {J '..' '..' r: '-., 1-0',JO', ~ '...",-, '.....~"'; eCl ....1 ~
C\,r"..I.,,,,,,':, A<:r'(" D'A'0 o~ ~ D
,,,PI" ~0;\c... \"\A9 DvJ-\- \'];1<,'.",
n 'J. ~ (':.\'\. Cl '" '. \;\ r. \ \..'- i .. \ \ \J L
r\ ,,,,,:':" c.' ~ II '.' \ ' :,.. '---' Ct \ , I.L c. \c.. e.. -;- c '(
6... ~ > '\.' ',' ;

Form DCM.MP-l

4. LA..~rn A.~ 'VATER
CfL<\RACTERlSTICS

a. Size of entire tract \ .0'5 Q,CV- Q. C;

b. Size of individuallot(s) \. \:) S ClC'('Q S

c. Approximate elevation of tract above MHW or
NWL q'

d. Soil type(s) and texture(s) of tract
So 1,,-1,6\)

e. Vegetation on tract

G,(tJ,'S;

\\ \ \
f. Man-made features now on tract ,,\)\)::'-' 'S',' I' ex

O~r2C\ ,<,- ,,\0(,\'-5, \-.01";- \: };-~.<' h0'J I;""'; 2\'.C~;
\ o-l _ \ '--' 'r'> - '. \ "\ '
-C::)l ,.....'(It')..\.( 1 ,......~(l' \'(,\{ :-;.;: c..>r Cu."'::.,\e;:ti:~S,

g. Vlhat is the CAMA Land Use Plan land

classification of the site? (C,fUuh w local land uS( plan.)

V Conservation
~ Developed
_ Rural

_ Transitional
_ Community
_ Other

h. How is the tract zoned by local government?
K .:> ~: 0. e...\ '\ ~( .,

i.

Is the proposed Jroject consistent with the applicable
zoning? ~ Yes _ No
(Allach zo,uf1g complial1c~ c~rrificaU. if applic:ab&)

j.

Has a professional archaeological assessment been
done for the tract? _ Yes VNo
If yes, by whom?

k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
_Yes ~No

1. Are there wetlands on the site? Yes ~ No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(All.Jch dc~Of1. if availab&)

Re~d 03/95

m.

wastewater treatment facilities.
o "'\L <\- '& : Q. \ ~

D. Describe 10C.:ltion and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, . industrial/corrimercial effi uen,;, "wash
down" and r~idential discharges.) SI,). '( ~t1 ( ~
Y' u.. V\ 0 &-&-

o. ~cribe existing drinking water supply source.
C. 0 \ 1 \,. -7-~~ \)) .t -;- ~ ./

5. ADDITIONAL INFOfu'\IATION

In addition to the completed application fonn, the
following items must be submitted:

o A copy or the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is DOt
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims title, plus written pennission
from the owner to carry out the project.

o An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by II" white paper. (Refer to
Coastal Resources CC'mmission Rule 71.0203 for a
detailed description.)

Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form DCM-MP-l

site. Include highway or se.condary road (SR)
numbers, 1J.!1dmlrks, and t.,e lii:e.

. A Stormwatet' Certification. if one is necessa.")'.

o A list of the names and complete addresses of the
adjacent watet'front (riparian) lando\met"S and
signed return receipts as proof that such O\mer5
have received a copy of the application and pli.ts
by certified mail. Such landowners must be advised
that they have 30 days in which to submit romments
on the proposed project to the Division of Coasul
Management. Upon signing this form, the appliC.lIlt
further certifies that such notice has been provided.

Name ,",-0 ~ ~ 'Q, ()'l\'^: Q.. 00 '^ e C,
Address ;:}5i \..... ',v f 0 (.I \::... ----'-!O (l C\
Phone ~ S ~- 3'13- \4-\.:;,9

Name ~0\r:"'r~ ~. ~U5.$e\.\
Address ~I" \....: 'J ~ ?;I ,L ~'S?');' '-'
Phone cnq ~ 4-Q-S - .3 d- 3 3

Name
Address
Phone

o A list or previous state or fedet'al permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.

o A check made payable to the Depa.rtment of
Environment, He.1.Ith, and Natural Resources
(DEHN'R) to cover the rost5 of processing the
appl ication.

o A signed AEC haz.ard notice for projects in
oceanfront and inlet areJ..S.

o A statement or compliance '\+ith the N.C.
Environmental Policy Act (N.C.G.S. 1l3A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands. atuch a S13tement
documenting rompl iance with the North Carolina
Environmenul Policy Act.

,~/

. 1
6. CERTITICA TIO('i A.'~'iD PEIL"\nSSIO~
TO EI'clER O~ LAl'rD

1 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 ronditions
and restrictions conuined i, the permit.

I certify that to the best of I:JY knowledge. the proposed
activi~mplies with the Sute of North Carolina's
approved Coasul Management Program and will be
ronducted in a manner ror..sistent with such program.

I certify that I am iuthorized to grant, and do in fact,
grant permission to represeilutives of sUte and federal '
review agencies to enter on the aforementioned Ilnds in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.

I further certify that the information provided ill this
application is truthful to t.1e best of my blowledge.

"
. . 1 -r-" -
ThIs IS the 0- 0 day of ,) {)'-'\ (' . I9'~.~S

Print Name >,-;.

~ ~
! -.'\ .~,,,..., -S /l~.~ I'

/'

/

(/ ,/ ..-/
Signature ,r":/' /:1r . . ' ,. " / " /,-
,~ ,c , - /
~"'oru.r or A..:;.,.,rt.:td AgtrJ /
I- '

."'. ..

pleJ..Se indi'c.ate atL1chments pertaining to your proposed
project.

./ DCM MP-2 Excavation and FilIlnformation
_ DCM M}>-3 Upland Development
IL. DCM MP-4 Structures information
_ DCM MP-5 Bridges and Culverts
_ DCM MP-<5 Marina Development

NOTE: Please sign ad dale each arracl"Jr.enI in the
space pro'.ided c.: tr.e bottom oj each Jom.

Form bCM-MP-2

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,~:( i.Dl~h.._j.,~ 'I ' ,": ',)
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...... ....:,
JUI >} 1 )' L'in" ,-
I... ~ -'- _oj]

EXCA ~ATIl'N
AND .FILL

(Except bridges and culverts)

Attach this form to Joint Application for CAMA Major
Permit, Form DCM-?-"fP-l. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.

Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.

Le ot: th

\\ldth

A vernge
Eris ling
Depth

F w.al
Proj ect
De p t.h

Access
channel
(ML \I.') or (NV-1.)

I
8'C-.

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I ,I
Jl.O

4.'- / II

Canll

Boat
basin

It) S
3 '2..'
2.0'

71 (
/5'
L3 I

I - 4-" 4'--'"
I '... 4-."
/1- 4"

Boat
ramp

Rock
giOin

Rock
bre:ikwater

i~ii!'lll

Other

(E.\c:!uding
,hor:tine
sc..,biliz.:tion)

1. EXCAVATION

a. Amount of material to be e;1;cavated from below
MHW or NWL in cubic yards 9 ,r;, 2..

b. Type of material to be excavated S clI.-t.cl 4
'5 ~ 6.', vll\.~1.A ~.

c. Does the are.1 to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SA Vs) or other wetlands? _ Yes t./' No

d. Highground excavation in cubic yards

2. DISPOSAL OF EXCAVATED
MA TERlAL

a.

Location of disposal area

o tA '5; -\- Q.

b.

Dimensions of disposal are.1

I I
43 X. J35

c. po you claim title to disposal are.1?
~ Yes No
If no, attach a letter granting permission from the
owner.

d. Will a disposal are.J. be available for future
maintenance? . ./Yes No
~ - I
If yes, where? On .5,' ;;'--e...

Form DCM-MP-l

e.' Does t.ie dispos:tl are.a include any coasuI wetlands
(marsh), SA Vs or other wetlands?
y~ ~No

f. Does the dispos:tl include any are.:! in the water?
Yes -LLNo

3. SHORELIl'iE STABILIZATION

a. Type of shoreline stabilization
~ Bulkhe.ad Rip rap

b. Length

/45 ..

c. Average distance waterward of MHW or NWL

d. MJ...~imum distance waterward of MHW or NWL
I~"

e. Shoreline erosion during preceding 12 months
/VOlle.

(Svura of info]rman'on) l:::: i-. .. '. -1-;. .,1 ," l-U () 0 cI t h h ~ )1 he (I d
..J

f. Type of bulkheJd or riprap material
/1~' W 1/,'1/ 1 J
>I

g. Amount of fill in cubic yards to be placed below
WJter level
(I) RiprJp
(2) BulkhcJd backfill

h. Type of fill mJterial

S~vl c\ ~

I.

Source of fill material fy\ a,t~ ,,: [/ \ -t'l. c.Q VIl~1' 6
~-"" I C"\\ n : 1\\ r \ '\-- boa.\- \oCl $'.........
ct ~-'.(' '. y-('~ ,-,: 'rl d 6 'r "\,'vt ~ -\-: v'-" e.

4. OTHER FILL ACTfVITIES

(Excluding Shoreline Stabiliution)

a. \Vill fill ITIJterial be brought to site?
_ Yes No

m"~
!) 1/ t'-""~ ~
.~ i .; I L-',' '~.. ,0 ~ ;-,
'ijiJ \_,' ~:J,J L':/;~,@r-IlJ ,
'.i ~r il i
J' , <:;:)/,
Ify'es,2 1 Ze05 ',J,'
Moreh.o (I) Amount of material to be placed in
--ad ~er
. (2) Lj6k'e,Q~f fill area

(3) Purpose of hll

b. Will fill material be placed in coastal wetlan
(marsh), SA Vs or'other wetlands?
Yes No
If yes,
(1) Dimensions of fill area

(2) Purpose of fill

5. GENERAL

a.

How will excavated or fill material be kept on sit
and erosion concrolled? ~,\: VI..\ ( \\ ~
;;',p V'\ (" ~

b. What type of construction equipme:1t will be usc(
(for example, dragline, backhoe, or hydr:lUli.
dredgeti ~
U\..t Co \c e. r <\- 6. V' ({ ~ \ : 'v\ e..
'--...}

c. Will wetlands be Crj5sed in transporting equipmen:
to project site? _ Yes ~ No

If yes, explain steps that will be L1ken to lesser
environmental impacts.

o-i.l II r

J D ..1 (. t) ~

D:lu:

.~

Form DCl\I-MP-4

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u... .., , _

STRU~S

(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 which relate to
this proposed project.

e. Mooring buoys
(I) _ Commercial _Community _ Private
(2) Number
(3) Oescription of buoy
(Color, inscription, size, anchor, etc.)

a. Dock(s) andlor Pier(s) /'
(1) Commercial _Community ~ Private
(2) Number ,3 6 t \-0. I
(3) Length IS+-. 35 I q. a!' aA.. ~3 ~ 3S
(4) Width 1$1- c I q.. d..'l'I~ 4-' d,.?:J> . 4-'
(5) Finger Piers _ Yes No'
(i) Number
(ij) Length f.
(iii) Width
(6) Platform(s) _ Yes No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed 5 (d. Q"~ e,c.:~\.",~) g.
(8) Proximity of structure to adjacent riparian
property lines ISO I
(9) Width of water body a In ,. I eo 5
(10) Water depth at waterward end of pier at
MLW or NWLO '- /1 N

(4) Width of water body
(5) Distance buoy(s) to be placed beyond
shorel ine

Mooring structure (boatlift, mooring pilingsJ etc.)
(I) _ Commercial __Community ~rivate
(2) Number I hew /:~i-
I
(3) Length / :3
(4) Width 1:5 '

Other (Giw: complctt: description)

b. Boathouse (including covered lifts)
(I) Commercial
(2) Length
(3) Width

Private

~tm~ytd ~7:5h(<i'"

~~~

JUYJ R dl-O. 02-00:;
Dale I

c. Groin (e.g. wood, sheetpile, etc.)
(I) Number
(2) Length(s)

d. Breakwater (e.g. wood, sheetpile, etc.)
(I) Length
(2) Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands

II

Jums I.Jnarr L
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. CONTINUATION OF COrvllvlENTS AREA FOR 267 LIVE OAK DRIVE...

THE REMAINDER OF THE PROPERTY (HEADED SOUTH TOWARDS BOGUE SOUND) IS
..,. LOCATED IN ZONES A7 (EL 11) AND IN V8 (EL 11.)

BELOW IS A GENERAL SKETCH OF THE LOCA nON OF THE BUILDINGS ON THE PROPERlY
AND TIiE RELATIONSHIP OF THE FLOOD ZONES.

!-IVE O;4k [)RIVC.

"-"'""'- zotJ c A 5
(ELq)~

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(~L '0")

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LIVE

OAK

lPF'

STEPS

(jARA(j~

32.7

z
WW
w '1
U1~
gg
.
<:

ST S

2 STORY
HOUSE

@

~
19
I
AREA= UI(;'l
1.05 ACRES \0_
)l)w
BY COORDINATES .. wI
CD~
-10
CO
@ -I .
jtf'l
C
;.lJ
...
Cl
...
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r
r
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PK~t ROA(PUBLlC) 60'R!W

w'

IPt~ ~I LEGEN 0
o
<.

INrx INlERSECTION
IRS IRON ROO SET
NjF' NOW OR FORMERLY
R/W RIGHT OF WAY
NTS NOT TO SCALE
MB MAP BOOK
PG PAGE
DB DEED BOOK
EP EDGE PAVEMENT
OE OVERHEAD ELEClRlC
CP COMPUTED POINT
PP PO~ POLE
WV WATER VALVE
@9 mlRF IRON ROO FOUND
TELEPHONE PEDASTAL
I t ELEC ELECTRIC PEDASTAL
CANA~~OI nklJ ORAINAr.E '" IJTlI!'TV
I ,,1\ tlll>':ol:lu:. EASElAENT j
CANAL NAVlGABLEi"KF PK NAIL FOUND ~ fJl
j MHW !.lEAN HIGH WATER ....
IPF IRON PIPE FOUND I.j
~ FENCE UNE Q.
C'l)

~

.....J
~
Z
~
U

III
-
W
~~,
CD .
CDg
-ri

AREA= 5,232 sq,ft.
INSIDE MHW LINE
LINE TABLE
LENGTH BEARING
35,36 S05'11'13'E
35.81 S1l"43'48''W
457.60 NI3'30'OO''W
0.87 N72'36'58'E
307.11 S15'58'08'E
25.66 S53'31'51'E
64.63 S04'23'47'E

LINE
D2
D3
D4
D5
D6
D7
D8

~

~
<: !:!
U
rJ)
o
.......
::r:
OJ
~ in
~
d

~

-

E-<O
E~
1:5.tl
-.S

Kl

...

lCI

!il

l.lHot./AS EDWARD STRICKLAND, R.L5. L- Jne CERllFY lHAT lHlS SUR~ IS
Of' AN EXlSllNG PARCEl Of' LAND. . / 0
w~ a / 1IJ;l!{/iZ/ (7:01 leg 0 J
lHot./AS EDWARD ll~i~t.AND. L-Jne
L-3776
REGlSlRAllON NUMBER

l.lHOWAS mWARD S1IIfCICUND CERllFY '!HAT ntlS PlAT WAS
CRA'tIH lJHlIEJl IIY 5II'DMSlON fllOIj AN AC1\JAI. SUIM:Y WADE
UIoIDfR IlY IlUPERI/lSlON: '!HAT ntE BOUNDARIES NDT IlUR\aED
AAL QEAAL Y INDICA 1m AS DRA'tIH FROII INFDlWA llDH Fl1INll
ON '!HE FAa: OF ntlS PlAT: 'THAT '!HE RATIO OF PREClIiION
AS CALaJl.A 1m IS 1: lo.DCIC)+ .
1ll'nESS IlY ORIGINAl S1GHA~ RElilS'TRAllON NUIlBER AND
SEAL THIS ~ DAY OF '-'''',,' 7 ....D.. 2001.
'~~lQ-~ z:::...
SUJM:YllR
L-3776
REQS11lA lION NUlIBfR

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:::;!:: l-3776 :Q.:
~ ~""(,,1r. 0'<-/ ;;~
~"f ~""p SUR\j~...'~~......'"
, U I, .t '"''
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"" WARD S ~,\\
"'""1'''

NOTES
MH~ LINE RUNS 'WITH BULKHEAD
PROPERTY LINE RUNS ~ITH MH~ LINE
COMPUTED POINTS SHo~N UNLESS oTHER~ISE NOTED.
RFFFRE'NCE: OWNER:
DB 531 PG. 322 ROBERT MERRILL RUSSELL
MB 3 PG. 158
PHYSICAL SURVEY FOR
RAY PYSHER
DAISY SANDERS KOONCE HEIRS
SUBDIVISION, LOT 20
'WHITE OAK T\tISP.. CARTERET COUNTY, N,C.
STRICKLAND SURVEYING, P,A, URVEYED,
P.O. BOX 331
MOREHEAD CITY, N,C, 28557
[phone]
THOMAS ED\tIARD STRICKLAND

CERTlFICA TE OF SURVEY & ACCURACY:

0,87

SOUND

R.L.S,