HomeMy WebLinkAbout20000319 Ver 3_CAMA Application_20200422DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Kettler Wilmington Riverfront, Wilmington Waterfront PO, LLC c/o Graham
Tyrell
2. LOCATION OF PROJECT SITE: 19 Harnett Street, adjacent to the Northeast Cape Fear River, in
Downtown Wilmington, New Hanover County
LAT:34°14'48.82"N LONG:77°57'07.02"W
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visits — 4/8/20
Was Applicant Present No
5. PROCESSING PROCEDURE: Application Received — 3/5/20 Complete — 4/2/20
6. SITE DESCRIPTION: Office —Wilmington
(A) Local Land Use Plan — City of Wilmington/New Hanover County
Land Classification From LUP — Developed (Central Business District (CBD))
(B) AEC(s) Involved: EW/ES/PT
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing - None
Planned - Municipal
(F) Type of Structures: Existing — Parking lot, Wilmington Riverwalk Extension, Rip Rap
Planned- Two (2) mixed use buildings, new steel bulkhead
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
nRFnr;Fn 11T r Urn n ru�v
(A) Vegetated Wetlands
(coastal and §404 wetlands)
(B) Non -Vegetated Wetlands
1,250 sq. ft.
250 sq. ft.
(Open water(rip
rap removal
(C) Other - (Highground Disturbance)
1.87 Acres
1,530 cu.yards
(D) Total Area Disturbed: 82,957 sq. ft. (1.9 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: Closed
8. PROJECT SUMNIA][tY: The applicant proposes to install a steel bulkhead and construct a new seven
story multi- use building with associated landscaping adjacent to a section of the Wilmington downtown
Riverwalk along the east bank of the Northeast Cape Fear River.
Wilmington Waterfront Property Owners, LLC c/o Graham Tyrrell
Page Two
PROJECT DESCRIPTION
The project site is located at 19 Harnett Street in downtown Wilmington. The site is a parcel of the old
Almont Shipping Terminals property adjacent to the Northeast Cape Fear River (NECFR) in downtown
Wilmington, New Hanover County. To locate the site from the Wilmington Regional Office (WiRO)
travel south on Market Street (U.S. HWY 17) until you reach Martin Luther King, Jr. Parkway (N.C.
HWY 74) which will be located on the right. Turn right and travel west approximately 3.5 miles until you
arrive at North 3' Street in downtown Wilmington. Turn right onto N. Front Street and then take the
second right onto Harnett Street until you reach the property of interest, which is currently utilized as a
parking lot.
The applicant's property is an approximately 1.8-acre tract of land, which averages approximately 9 ft.
above mean high water (MHW) abutting the NECFR with approximately 250 linear feet of shoreline. The
new City of Wilmington Waterfront Park will be located to the north of the project, Northern Riverfront
Marina is located to the south of the project, a vacant lot is located to the east and the NE CFR is located
to the west. The subject parcel has historically been an industrial wharf -type use known to date back
hundreds of years. The site was part of the old Almont Shipping Terminals where ships and barges
unloaded bulk material. The project site was also utilized to store various raw commodities, which
include: chrome ore, salt, urea, and aggregate material. Prior to development as a parking lot the parcel
was utilized as a construction yard. There is also existing rubble/rip-rap along the shoreline in the
southern end of the project site, which appears to have been located for shoreline stabilization.
The parcel was originally part of a larger tract that was authorized under State Permit No. 44-07, which
was originally issued on March 30, 2007. It is within the City's Central Business District (CBD) and
according to the application it is within the National Register of Historic Places. The upland portion of
the subject parcel was used as a staging area and designated spoil site for re -development of the adjacent
property to the south. The area currently serves as an approximately 54,000 sq. ft. parking area (see
Narrative) This site has been authorized for re -development through a separate Brownfields Agreement
and a Letter of Eligibility is attached (see Appendix J). Authorized development under State Permit No.
44-07 included the excavation of a new marina basin and construction of new floating docks to
accommodate up to approximately 204-slips associated with the Port City Marina (PCM). State Permit
No. 44-07 was modified on November 9, 2015 for work involving the authorized restaurant and hotel
buildings, a temporary parking area on the subject parcel, which was known as Tract 4, a bulkhead and
the Wilmington Riverwalk extension along the shoreline of the new marina.
State Permit No. 62-13 was issued to Riverfront Holdings H, LLC on May 20, 2013 for upland
development, rip rap shoreline protection and an additional Riverwalk extension. The now constructed
Riverwalk is just landward of the USACE Wilmington Harbor Line. This permit was modified on
November 14, 2013 to fill an existing Section 404 wetland drainage ditch within a City of Wilmington
easement and again on March 13, 2014 for the filling of three pockets of Coastal Wetlands associated
with shoreline stabilization connectivity, one of which was on the subject parcel. The subject property
was bought by the Wilmington Waterfront Property Owner, LLC from NRMH Holdings on July 12,
2019.
The City of Wilmington/New Hanover County Joint 2006 CAMA Land Use Plan classifies adjacent
waters as Conservation, and the adjacent high ground portion of the project area as Developed. The
waters of the NECFR are classified SC by the Division of Water Quality. They ARE designated as a
Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the
harvest of shellfish. The USACE federally maintained channel on the Cape Fear River is located adjacent
to the project site to the west, a vacant lot to the east, the new City North Waterfront Park site to the north
and Northern Riverfront Marina to the south.
The project site is part of a larger re -development plan for the downtown area outlined in the Wilmington
"2020 Vision Plan". Re -development during the late 1990's and early 2000's of the Wilmington Urban
Waterfront went through comprehensive efforts between the City and several property owners, who
Wilmington Waterfront Property Owners, LLC c/o Graham Tyrrell
Page Three
through their cooperation with the City staff proposed a revitalization project which has incorporated
public trust access in accordance with the enacted law predicated by House Bill No. 1059: GS 113A-
120(a)(1) and (a)(2) and authorized to the City of Wilmington through State Permit No. 149-98.
PROPOSED PROJECT:
The applicant proposes to install a steel bulkhead and construct a new seven story multi- use buildings
with associated landscaping adjacent to a section of the Wilmington downtown Riverwalk along the east
bank of the Northeast Cape Fear River. A new 45,107 sq. ft. building is proposed, measuring 86 ft. in
height, which will include 276 apartments and 21,500 sq. ft. of retail area. According to the applicant the
existing 54,180 parking area will be demolished and removed prior to any new construction activities.
The new proposed 257 linear ft. steel bulkhead would be installed after removal of the existing rip rap
(see Sheet 2 of 5). Rip rap removal would result in the excavation/removal of approximately 237 cubic
yards of concrete and rock from up to 5 ft. below NHW (1,250 sq. ft.) and would be hauled offsite (see
Narrative and MP-2). Approximately 1,530 cubic yards of high ground excavation is proposed for
installation of the Stormwater Filtration system. According to the applicant this material would be used
for backfill unless it is required to be taken elsewhere per the Brownfields agreement. The new bulkhead
would be installed essentially along the high water line (see Sheets 1 and 3 of 5). The backfill area
would consist of 57 stone with 27 ft. tie rods extending to sheet piles on the high ground for stabilization.
The applicant states that no wetland impacts would occur for this project, however the submitted and
signed USACE wetlands survey expired on 11/30/17 and has not been updated (see Appendix G).
Proposed upland work consists of the installation of a stormwater infiltration system to provide drainage
for the proposed 73,000 sq. ft. of built upon area, which would cover 90% of the tract and 82% of the area
within the 75 ft. Estuarine Shoreline Area. According to the applicant, the treated stormwater would be
discharged into the wetlands adjacent to the NE CFR. At the time of application a stormwater permit has
NOT been issued for this development. The proposed 45,107 sq. ft. building, which measures
approximately 270 ft. in length and is irregular in width, would be within 25 ft. of NHW (see Sheet 1 of
5). The building will wrap around a proposed pool and landscape area which is outside of the 75 ft.
Estuarine Shoreline AEC (see Sheets 4 and 5 of 5). According to the applicant, additional impacts within
the 30 ft. Coastal Shoreline Buffer and 75 ft. Estuarine Shoreline include landscaping and both pervious
and impervious pavers. This area has been designated as Urban Waterfront. A total of 15,955 sq. ft. of
impervious surface is proposed within the 75 ft. AEC.
10. ANTICIPATED IMPACTS
The proposed rip rap excavation would impact up to 1,250 sq. ft. of area below NHW. The proposed
bulkhead would fill approximately 250 sq. ft. of Estuarine Waters at the Normal High Water Line and
impact approximately 5000 sq. ft. of area within 30 ft. of NHW. The proposed Multi -use buildings and
landscaping would have a total of approximately 67,098 sq. ft. of built up on area encompassing the
footprint of the existing parking lot with approximately 15,955 sq. ft. of Built Upon Area (BUA) within
the 75 ft. Estuarine Shoreline Area. Approximately 6,246 sq. ft. of that BUA would be within the Coastal
Shoreline Buffer in an area designated as an Urban Waterfront.
Minor increases in turbidity should be expected during the installation of the steel bulkhead, however no
long term adverse impacts are anticipated.
Submitted by: Tara MacPherson Date: April 15, 2020 Office: Wilmington
joutkern E_nvironmental Group, Inc.
5j 15 cjoutk College Koad, `juite 1-- Wilmington, NC 2841 2
Fkone:9iOA52.2711 raz:910.452.289J Web:www.eCi.us
2 March 2020
Hand Delivery
NC Department of Environmental Resources
Division of Coastal Management
Attn: Mr. Tyler McGuire
127 Cardinal Drive Extension
Wilmington, NC 28403
Re: CAMA Major Permit Application
Downtown Wilmington Riverfront Project
19 Harnett Street, Wilmington, New Hanover County
Dear Tyler,
MAR 0 2 2020
Project #: 19-061.01
Southern Environmental Group, Inc. (SEGi), on behalf of Wilmington Waterfront Property Owner, LLC is submitting
the attached CAMA Major Permit Application, with associated supporting information and documentation
(Attachment 1) and Four Hundred Dollar ($400.00) CAMA Major Permit Filing Fee (see Attachment 2), for the
proposed Downtown Wilmington Riverfront Project, which is a multi -use development, within the Central Business
District of Wilmington. A CAMA Major Permit is being sought to authorize work and structures that are to take place
within the NC Division of Coastal Management's Estuarine Shoreline Area of Environmental Concern and Public
Trust Waters.
It is our hope that the information found within and attached to the application is sufficient, for the DCM and other
permitting agencies, to process the request for authorization to perform the proposed work. However, should you have
questions or concerns, please call me at 910.228.1841.
Thank you, in advance, for your time and assistance with this project. We look forward to hearing from you.
Sincerely,
D4Z
Dana A. Lutheran
SEGi Regulatory Specialist
Attachments (2)
RECEIVED
DCM WILMINGTON, NC
MAR 0 3 2020
5O(_tkern Lnvi'On nie nta! l rot-IP, Inc.
n. ,`?,it: F— Y;\limirston, NC` —34 i
52.1? : j tag: ? i 0.4j2. -1 . 1%Ny% E 4vww.. evi.us
Kettler Wilmington Riverfront
CAMA Major Permit Application
Supporting Documentation
Prepared for
Wilmington Property Owner, LLC
8255 Greensboro Drive, Suite 200
McLean, VA 22102
Prepared by
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
RECEIVED
Date APR 0 2
2 March 2020
RCM WILMINGTON, NC
Downtown Wilmington Riverfront Project CAMA Major Permit jF C3i
Introduction:
Southern Environmental Group, Inc. (SEGO has been retained by Wilmington Property Owner, LLC, herein referred to
as "Applicant", to secure a Coastal Area Management Act (LAMA) Major Permit for the installation of a bulkhead and
upland development, which is to take place at 19 Harnett Street, in Wilmington, North Carolina. Part of the proposed
work is to take place within the NC Division of Coastal Management's (DCM) 75' Estuarine Shoreline Area of
Environmental Concern (AEC) jurisdictional area and within Public Trust Water. Pursuant to 15ANCAC 07J .0201, the
proposed development will require a CAMA Major Permit. The following information is being submitted as
supplemental information to the CAMA Major Permit Application.
Parcel Information and Project Location:
The project is located at 19 Harnett Street, within the incorporated limits of the City of Wilmington, in New Hanover
County, North Carolina. One parcel of land, with Parcel ID Number R04716-001-026-000 and encompassing
approximately 1.78-acres (77,724 SF), is included in the project area (see Appendix A). The site is and within the City
of Wilmington's Central Business District (CBD) and the southern portion of the site is within the National Register of
Historic Places (see Appendix B).
From the DCM's Wilmington Regional Office, one can find the project site by heading south on US Highway 17
Business, taking a right onto North 3rd Street and a left onto Harnett Street. The site is located on the north side of the
round -about, within the Northern Riverfront and Marina Property. Please see attached vicinity map (Appendix C).
Site Information:
The project site abuts the Cape Fear River (Cataloging Unit 030030005), to the west, Northern Riverfront and Marina,
to the south, an empty lot, which will serve as the City of Wilmington's North Waterfront Park, to the north, and an empty
lot, to the east (see Appendix A). The waters of the Cape Fear River are classified SC;sw, by the North Carolina Division
of Water Resources (DWR) (see Appendix D). The site is approximately 9' above normal high water and is within the
AE Flood Zone (see Appendix E).
The site is part of the Almont Shipping Company property, which is where ships and barges unloaded bulk materials,
such as salt, fertilizer and aggregate (see Appendix F). The company filed for bankruptcy in 2002, and the site was sold
in 2006. Since that time, the site was cleaned up and has been used for a construction yard. In 2013, Riverfront Holdings
II, LLC secured a CAMA Major Permit to extend the boardwalk, create docking space and install shoreline stabilization.
In 2014, a Minor Modification to the CAMA Permit was issued to fill in approximately 11,400 SF of coastal wetland.
The last action taken on this site was in 2017, when a CAMA Major Permit was issued to construct a 54,180 square feet
parking lot, with associated stormwater basin (see Appendix F and G).
The following permits have been issued:
• NC DCM CAMA Major Permit (temporary staging area) 44-07
• NC DCM CAMA Major Permit (boardwalk, docking facility and shoreline stabilization) 62-13 (2013)
• NC DCM CAMA Major Permit Minor Mod. (wetland fill) 62-13 (2014)
• NC DCM CAMA Major Permit (parking lot) 62-13 (2017)
• USACE JD SAW-2012-00965
• DWR WQ Certification 00-0319v2
The project site is currently regulated under the NC Department of Environmental Quality's (DEQ) Brownfields
Agreement for the Almont Shipping site, which places property use restrictions, such as for high density residential,
hotels, etc.), on the property (see Appendix J). Since the Brownfields Agreement covered multiple parcels, including the
subject parcel, The Applicant applied for an independent Brownfields Agreement, for the subject parcel, and has received
a Letter of Eligibility, from the DEQ (see Appendix J).
Project Purpose and Need:
The purpose of this project is to construct one mixed -use, seven story buildings, that will include ��a ��i ents and
21,500 square feet of retail area, all of which is needed in Wilmington's Central Business District VV�CI
APR 0 ,2 2020
2 1 P a g e (3 ' 2 0 )
DCM WILMINGTON, NC
Downtown Wilmington Riverfront Project CAMA Major Permit .1�7r _G i
Project Description:
Prior to undertaking land disturbing activities, silt fence and other sediment and erosion control measures will be
installed. Once this has been completed, demolition of the existing 54,180 SF parking lot will take place. The material
(i.e. asphalt and concrete) will be hauled off to an accredited site, such as Wilmington Materials, and installation of the
bulkhead will begin. Installation of the bulkhead will consist of removing rip -rap and soil, from the existing re -enforced
embankment, and installing the steel, sheet pile bulkhead. Excavation of the rip -rap embankment will extend 5'
waterward of mean high water and will entail removing approximately 237 cubic yards of material. Except for a few
areas, the bulkhead will be installed along the mean high water line. Filter fabric and washed #57 stone will be placed
behind the entire length of the bulkhead. A 1' wide, concrete cap will be affixed to the top of the structure. At varying
intervals, along the back of the bulkhead, 27' long, tie rods will connect the bulkhead to 10' tall, steel sheet piles, which
will be buried, vertically, underground. The work will be completed in segments. Please see Appendix H, for details of
the proposed work.
Upland development will commence once the bulkhead has been installed. First the Contech Stormwater Filtration
system will be installed, and then vertical development will begin. This will ensure stormwater, generated from the
proposed built upon area, is collected and treated prior to discharging offsite. Approximately 1530 cubic yards of material
will be excavated. The soil will be used on -site, to backfill behind the proposed bulkhead. Should excavated soil need to
be removed from the site, it will be taken to a certified Brownfields landfill. All site work will be undertaken in
accordance with the DEQ Brownfields Agreement.
Vertical work on the 45,107 SF, mixed -use building will begin only after the stormwater filtration system is operational.
In total, the project will generate approximately 67,098 SF of built upon area (i.e. 86% coverage), of which 15,955 SF
will be within the 75' Estuarine Shoreline AEC and 6,246 SF will be within the 30' Coastal Shoreline Buffer. Thus, BUA
area, within the 75' Estuarine Shoreline AEC and 30' Coastal Shoreline Buffer, will be 82% and 79% respectively.
Runoff, generated from the BUA in these areas, will be treated through the Contech Stormwater Filtration System, which
is under review by the NC Division of Energy, Land and Mineral Resources — Stormwater Unit, in the Wilmington
Regional Office. Please see Appendix H, for details of the proposed development.
Due to the fact that this project is located within a designated CBD, the project is exempt from maximum impervious
surface area thresholds. The Applicant will be securing state and local stormwater permits concurrently, with the CAMA
Major Permit.
Typical building materials (i.e. steel, concrete, wood, etc.) will be used to construct the building. The final phase of the
development will consist of landscaping and the riverfront patio area, using materials such as concrete pavement, rock
fines, grass, brick pavers and concrete pavers. Please see Appendix H, for details of the proposed work.
Heavy machinery, such as dump trucks, front end loaders, large cranes and excavators, will be used to complete the work.
The machinery will be stored within uplands, on the subject property.
Adjacent Riparian Property Owners:
As per 15A NCAC 07J .0204(b)(5), the Applicant shall notify, by US Postal Service Certified Mail, the adjacent riparian
property owners (ARPOs) of the proposed work. According to the New Hanover County GIS Map, there are two ARPOs.
The following table provides information, for each ARPO:
ARPO
ParcelID
Owner
Mailing Address
North
R04716-001-015-000
CITY OF WILMINGTON
215 RACINE DR, UNIT 101, WILMINGTON, NC 28403
South
R04716-001-003-000
NRMH HOLDINGS LLC
720 NORTH 3- STREET, 3RD FLOOR WILMINGTON, NC 28401
Table 1 ARPO Information
See Appendix I, for a map of the adjacent riparian properties, and the returned certified mail green cards, for each.
Summary: A 0 3
In summary, the Applicant is seeking approval, in the form of a CAMA Major Permit, to perform work that will take
place within the Estuarine Shoreline Area of Environmental Concern and within Public Trust Waters. The proposed work', NC
is consistent with the current rules and regulations of the NC Coastal Area Management Act, as well as the state and
federal Clean Water Act, and is considered to be the least environmentally damaging practicable alternative.
3 1 P a g e (3/2/20)
Kettler Wilmington Riverfront
DCM MP-1
APPLICATION for Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
WILMINGTON WATERFRONT PROPERTY OWNER, LLC
KETTLER WILMINGTON RIVERFRONT
Applicant 1: First Name
MI
Last Name
GRAHAM
TYRRELL
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
�MCLEAN
State
8255 GREENSBORO DRIVE, SUITE 200
VA
ZIP
Country
Phone No.
FAX No.
22102 �Us
703-641-9000 - - ext.
- -
Street Address (if different from above)
City
State
ZIP
NA
-
Email
city rrell0kettler.com
2. Agent(Contractor Information
Business Name
SOUTHERN ENVIRONMENTAL GROUP, INC (SEGI)
Agent/ Contractor 1: First Name
MI
Last Name
DANA
A.
LUTHERAN
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PC Box
City
�NC
State
5315 SOUTH COLLEGE ROAD, SUITE E
WILMINGTON
ZIP
Phone No. 1
Phone No. 2
28428
910.452.2711 - - ext.
910.228.1841 (Preferred) - ext.
FAX No.
Contractor #
910.452.2899
NA
Street Address (if different from above)
C ity
State
ZIP
SAME AS ABOVE
Email
dlutheran(cbsegims
3. Project Location
County (can be multiple)
Street Address
State Rd. #
NEW HANOVER COUNTY
19 HARNETT ST
NA
Subdivision Name
City
State
Zip
NA
WILMINGTON
NC
- 28401
Phone No.
Lot No.(s) (if many, attach additional page with list)
NA ext.
R04716-001-026-000
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
CAPE FEAR RIVER (CATALOGING UNIT 030030005)
CAPE FEAR RIVER
c. Is t water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
(Natural Yanmade Unknown
CAPE FEAR RIVER
"►CVv—I"`...
1 (3/2/2020)
OC%,4 WILMINGTON) NC
Kettler Wilmington Riverfront
e. Isoposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
es No work falls within.
CITY OF WILMINGTON - CENTRAL BUSINESS DISTRICT
(CBD)
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
250 LF (SEE ATTACHED PLAN)
77,724 SF (1.78 AC)
c.
Size of individual lot(s) NA
d. Approximate elevation of tract abov H (normal high
(If many lot sizes, please attach additional page with a list)
water) or NWL (normal water level) APMOX 9'
e.
Vegetation on tract
CURRENTLY THE SITE SERVES AS A PARKING LOT. THEREFORE, VEGETATION CONSISTS OF TYPICAL UPLAND
GRASSES.
f.
Man-made features and uses now on tract
A PARKING LOT, ROCK EMBANKMENT AND THE CITY OF WILMINGTON'S RIVERFRONT BOARDWALK ARE WITHIN THE
PROJECT LIMITS. THE SITE IS CURRENTLY BEING USED AS A PARKING LOT.
g.
Identify and describe the existing land uses adjacent to the proposed project site.
ADJACENT SITES ARE ALL WITHIN THE CITY OF WILMINGTON'S CENTRAL BUSINESS DISTRICT. SEE CAMA MAJOR
SUPPLEMENTAL DOCUMENT.
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning? (Attach
CBD — CENTRAL BUSINESS DISTRICT
zoning compliance certificate, if applicable) Yes No NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? G No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes No NA
If yes, by whom?
DUE TO THE FACT THAT THIS SITE HAS BEEN HISTORICALLY USED AS A LAYDOWN YARD, FOR AJDACENT
DEVELOPMENT PRODJECTS, AND THAT THERE CURRENTLY IS AN EXISTING PARKING LOT ON THE PROPERTY,
SECTION 106 CONSULTATION WAS NOT WARRANTED. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR
HISTORICAL AERIALS.
I.
Is the proposed project located in a National Registered Historic District or does it involve a National Register GD No NA
listed or eligible property?
A SMALL PORTION OF THE SITE IS LOCATED WITHIN THE WILMING-ON NATIONAL REGISTER OF
HISTORIC PLACES. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR MAP.
m.
(i) Are there wetlands on the site? Yes CD
(ii) Are there coastal wetlands on the site? Yes No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) Yes No
n.
Describe existing wastewater treatment facilities.
THERE IS NO EXISTING WASTEWATER TREATMENT FACILITIES WITHIN THE PROJECT LIMITS. DRINKING WATER WILL
BE SUPPLIED BY CFPUA.
o.
Describe existing drinking water supply source.
THERE IS NO EXISTING SOURCE OF DRINKING WATER ON -SITE. DRINKING WATER WILL BE SUPPLIED BY CFPUA
p.
Describe existing storm water management or treatment systems.
CURRENTLY THERE IS A SMALL INFILTRATION POND ON THE SOUTHWEST CORNER OF THE PROPERTY. SEE CAMA
MAJOR SUPPLEMENTAL DOCUMENT FOR A CURRENT AERIAL PHOTOGRAPH OF THE SITE.
5. Activities and impacts
a. Will the project be for commercial, public, or private use? <Commercial ublic/Government
rnvateicommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
THE PURPOSE OF THIS PROJECT IS TO CONSTRUCT ONE MIXED -USE, SEVEN STORY BUILDING (--43,000 SF), THAT WILL
INCLUDE 276 RESIDENTIAL UNITS AND 21,500 SQUARE FEET OF RETAIL AREA, ALL OF WHICH IS NEEDED IN
WILMINGTON'S CENTRAL BUSINESS DISTRICT. THE SPACE WILL BE FOR COMMERCIAL USE.
2 (3)2)2020) ,APR 0 12020
Kettler Wilmington Riverfront
I
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.
HEAVY MACHINERY SUCH AS EXCAVATORS, FRONT END LOADERS, DUMP TRUCKS, AND GRADERS WILL BE UTILIZED
DURING THE CONSTRUCTION PERIOD. ALL MACHINERY WILL BE STORED IN UPLANDS, WITHIN THE PROJECT
BOUNDARIES. SEE CAMA MAJOR SUPPLEMENT DOCUMENT FOR DETAILS OF THE CONSTRUCTION METHODS.
d. List all development activities you propose.
THE APPLICANT INTENDS TO DEMOLISH AN EXISTING 54,180 SF PARKING LOT, INSTALL A 257 LF BULKHEAD,
LANDWARD OF THE NORMAL HIGH WATER LINE, AND CONSTRUCT ONE SEVEN STORY MIXED -USE BUILDING. BUILT
UPON AREA WILL COVER APPROXIMATELY 86% OF THE TRACT. PERVIOUS PAVERS, LANDSCAPING SHRUBS AND
GRASSES WILL BE UTILIZED ALONG THE WATERFRONT. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR DETAILS
OF THE PROPOSED DEVELOPMENT.
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? 77,7424 (�orAcres
g. Will the proposed project encroach on any public easement, public accessway or other area that the public has Yes No NA
established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
CURRENTLY, THE CITY OF WILMINGTON DISCHARGES STORMWATER, INTO THE CAPE FEAR RIVER, THROUGH TWO
STORMWATER PIPES. THESE PIPES WILL REMAIN. STORMWATER, GENERATED BY THE PROPOSED DEVELOPMENT,
WILL BE TREATED UNDERGROUND THROUGH A CONTECH STORMWATER FILTRATION SYSTEM. SEE CAMA MAJOR
SUPPLEMENTAL DOCUMENT FOR DETAILS OF THE PROPOSED STORMWATER SYSTEM.
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? QaD No NA
j. Is there any mitigation proposed?
If yes, attach a mitigation proposal. Yes No NA
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) — (t) 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 k,hich 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 (NORTH) CITY OF WILMINGTON, MR. STERLING CHEATHAM (MGR) Phone No.
Address 102 NORTH 3RD STREET, WILMINGTON, NC 28401
Name (SOUTH) NRMH HOLDINGS, LLC Phone No.
Address 720 NORTH 3RD STREET, 3RD FLOOR, WILMINGTON, NC 28401
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Major Permit 62-13 (5/20/13, 11/14/13 and 3/11/14)
DWR 401 WO Cert 00-0319v2
USACE AID SAW-2012-0965
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary. NA THERE ARE NO WETLANDS ON THIS SITE.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA
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.
APR 01 701'' l
3 (3/2/2 02 0)
pCM WILMINGTON, NC
Kettler Wilmington Riverfront
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.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 2 March 2020 Print Name Dana A. Lutheran
Signature
Please indicate application attachments pertaining to your proposed project.
,/MP-2 Dredge and Fill
✓MP-3 Upland Development
✓MP-4 Structures
MP-5 Culverts and Bridges
DECEIVED
APR 01 ? '
4 (3/2/2 02 0) ���r �TQN, N
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
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.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
257
Width
1
Avg. Existing
Depth
NA
NA
NA
Final Project
Depth
NA
NA
NA
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. ROCK EMBANKMENT AND SOIL
237 CY
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of the excavation in these areas:
THE PURPOSE OF THE EXCAVATION IS TO REMOVE THE
PREVIOUSLY INSTALLED RIP RAP SHORELINE
STABILIZATION, IN ORDER TO INSTALL THE PROPOSED
BULKHEAD.
d. High -ground excavation in cubic yards.
1530 CY
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA ❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner. (ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of disposal in these areas:
f. (i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
APR 01 2020
2- -6 0 2E.,`.,: ,- T .. � 1, r vise , 12 /
F, h 3, P-2 (Excavation and Fill, rage 2 of )
a. i ype of snorenne stabilization: b. Length: 257
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
Width: 1
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: 6"
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
VYNLE SHEETPILE months?
[]Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill 3150 Riprap EARTHEN SOIL
Breakwater/Sill Other
i. Source of fill material.
ON -SITE
4. OTHER FILL ACTIVITIES [I This section not applicable
(Excluding Shoreline Stabilization)
a. ti/ vviu tun materiai oe brougnt to the site! Ljyes J2�11N!o UNA
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Strict sediment and erosion control best management practices,
such as silt fence and temporary sediment traps, will be in place
phro to performing any major land disturbing activities.
c. (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.
3/2/2020
Date
Wilmington Rivetfront Project
b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the fill in these areas:
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
An excavator, front-end loader, trackhoe and dump trucks will be
used to complete the work.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Project Name
APR 01 2020
Wilmington Riverfront Proprty Owner, LLC
Applicant Name oga,.,g.der
Dana A. Lutheran
Applicant Signature
APR 01 2029
CCM WILMINGTON, NC
2 g 0 ;, ¢_ ST .4 s ! €� € tanet revised. i0
Form DCM MP-3
Wilmington Waterfront Project
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures proposed. b. Number of lots or parcels.
One (1)-45,107 SR 86 FT HIGH BUILDING WITH 1
ASSOCIATED STORMWATER AND LANDSCAPING
c. Density (give the number of residential units and the units per acre)
147.5 units per acre
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
Yes No NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
82%
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops, or
to be used for vehicular driveways or parking.
86%
j. Describe proposed method of sewage disposal.
SEWAGE WILL BE HANDLED BY CFPUA
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriaU
commercial effluent, "wash down" and residential discharges).
TREATED STORMWATER WILL NOT BE DISCHARGED
INTO WATERS OF THE US
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
CFPUA
o. When was the lot(s) platted and recorded?
7/2019 PAGE 6232 BOOK 2357
Date
Wilmington Riverfront Project
Project Name
Wilmington Waterfront Property Owner, LLC
Applicant Name - 1
(^`f1
Dana A. Lutheran
Applicant Signature
d. Size of area to be graded, filled, ordisturbed including roads, ditches,
etc.
1.87 AC
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
PAVER STONES, ASPHALT AND CONCRETE WILL BE
USED FOR IMPERVIOUS SURFACES
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
Yes(K)NA
(ii) If yes, list the date submitted:
THE STORMWATER PERMIT IS BEING SOUGHT
CONCURRENTLY WITH THIS APPLICATION.
k. Have the facilities described in Item (i) received state or local
approva,?
Yes (E)NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater design?
Ye No A
If yes, attach appropriate documentation.
n. (i) Will water be impounded? Yes No A
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
Yes No NA
APR 01 ?r''..5
DCM WILMINGTON, NC
- 8 A; -888 COAST s. wwwnccoastalman- revised. 12/26106
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direcior, Division ofCoavial Managemeni
April 21, 2020
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice:
• Wilmington Waterfront Property Owner, LLC / New Hanover County
Hello Angie: Please publish the attached Notice in the Friday, April 24, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the
attention of Jarimy Springer, (Customer No.70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
cc:
Si cerely,
TVaietilat(-�2
Support & Customer Assistance
MHC file
Gregg Bodnar - WiRO
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On April 2, 2020, Wilmington Waterfront Property Owner, LLC
proposed to construct a new seven story multi -use building w/steel bulkhead at 19 Harnett St., adjacent
to the NE Cape Fear River, Wilmington in New Hanover County. A copy of the application can be
examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of
Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7266) during normal
business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to May 15, 2020 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.
ROY COOPER
NORTH CAROLINA
Governor
Enwonmenta/ Quality
NUCHAEL S. REGAN
secretary
BRAXTON C. DAVIS
April 15, 2020
o1recwr
Dana Lutheran
Southern Environmental Group, Inc
5315 South College Road, Suite E
Wilmington, NC 28412
Dear Ms. Lutheran:
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for
Wilmington Property Owner, LLC for State approval for development of the subject property located in the 19 Harnett
Street adjacent to the Cape Fear River, in Wilmington, New Hanover County. It was received as complete on April 2,
2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is June
16, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review.
If you have not been notified of a final action by the initial deadline stated above, you should consider the review
period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an
additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from April 2, 2020 you may request a meeting with the
Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting
will be held within five working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at - conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Singly,
Tara MacPherson
District Manager
cc: Gregg Bodner, DCM USACE
Kathryn Thurston, City if Wilmington Robb Mairs, DWR
Wilmington Property Owner, LLC, Applicant
Qr.>
North Carolina Department of Environmental Quality I Division of Coastal Management
wilmin gton Office 1127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405
910-796.7215
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AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Wilmington Waterfront Property Owner, LLC
Mailing Address: 8255 Greensboro Drive, Suite 200, McLean, Virginia 22102
Phone Number: 703-641-9000
Email Address:
gtyrrell@keftler.com
I certify that I have authorized PanA Lutheran, with Southern Environmental Group, tyke.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Construction of two (21) 7 -story
buildinas, with infrastructure and varki", and a bulkhead. to be located along the riverfroytt.
at my property located at I-q & 41. Harnett Street I
in New HaAover
County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
,�A --cl
Print or Type Name
Title <-'E�Lcz t\ac
'f 01
Date
This certification is valid through :-2 / 31- / ;ao2o
J" out6Crn Environmental Group, Inc-
5 315 50ut6 College Road, Suite F,, Wilmington, NC 2841 Z
910.t5z.2711 • Faw 910t52.2899 • www.segi.us
10 February 2020
Certified Mail 7012 1010 0002 6168 8922
NRHM Holdings, LLC
Attn: Mr. Charles J. Schoninger
720 North 3rd Street, Third Floor
Wilmington, NC 28401
[SEGi Project #: 19-061.011
Re: Adjacent Riparian Property Owner Notification
CAMA Major Permit Application for Kettler Downtown Wilmington Waterfront Project
19 & 41 Harnett Street, Wilmington, North Carolina
Dear Sir,
With this correspondence, Southern Environmental Group, Inc. (SEGi) is notifying you of proposed
development, which is to take place on property adjacent to land depicted as being owned by NRHM
Holdings, LLC. SEGi relied upon the New Hanover County GIS, for this information, and has been retained
by the Wilmington Waterfront Property Owner, LLC, herein referred to as the "Applicant", to notify the
adjacent property owner(s) of their intent to apply for a Coastal Area Management Act (CAMA) Major
Permit.
The work consists of constructing two, seven story, mixed -use buildings, within the 1.78-acre tract of land.
The buildings will provide 276 single family units and 21,500 square feet of retail area. Work is proposed
within the 75' Estuarine Shoreline AEC and, therefore, requires NC Division of Coastal Management
approval.
To assist you in the decision making process of the proposed construction, attached you will find the DCM's
CAMA Major Application, Preservation Point CAMA Major Site Plan and the Adjacent Property Notification
Statement. To expedite the permit process, it would be helpful if you would sign and return the notification
statement, via email, to dlutheran@,segi.us. Should you have any objections to this proposal, please send your
written comments to Mr. Tyler McGuire, of the Wilmington District Office, at 127 Cardinal Drive Extension,
Wilmington, North Carolina 28405, within 30 days of your receipt of this notice. Such comments will be
considered by the Department, in reaching a final decision on the application. No comment, within 30 days
of receipt of this notice, will be taken as "no objection".
For questions regarding the methods and/or timing of construction or if you have questions regarding
environmental concerns, please contact me at 910.228.1841.
Thank you for your time and assistance with this project.
Sincerely,
Dana A. Lutheran
SEGi Regulatory Specialist
Enclosures (3)
MAR 0 3 2020
outkern Environmental `F, Inc.
5 515 `Jouth College Koaci, Suite E,, Wilmington, NC 2s41 2
910.452z71 1 Fa- 910.g52zs99 , www.aegi.us
10 February 2020
Certified Mail 7012 1010 0002 6168 7338
City of Wilmington
Attn: Mr. Sterling Cheatham — City Manager
102 N. 3rd Street
Wilmington, NC 28401
[SEGi Project #: 19-061.011
Re: Adjacent Riparian Property Owner Notification
CAMA Major Permit Application for Kettler Downtown Wilmington Waterfront Project
19 & 41 Harnett Street, Wilmington, North Carolina
Dear Sir,
With this correspondence, Southern Environmental Group, Inc. (SEGi) is notifying you of proposed
development, which is to take place on property adjacent to land depicted as being owned by the City of
Wilmington. SEGi relied upon the New Hanover County GIS, for this information, and has been retained by
the Wilmington Waterfront Property Owner, LLC, herein referred to as the "Applicant", to notify the adjacent
property owner(s) of their intent to apply for a Coastal Area Management Act (CAMA) Major Permit.
The work consists of constructing two, seven story, mixed -use buildings, within the 1.78-acre tract of land.
The buildings will provide 276 single family units and 21,500 square feet of retail area. Work is proposed
within the 75' Estuarine Shoreline AEC and, therefore, requires NC Division of Coastal Management
approval.
To assist you in the decision making process of the proposed construction, attached you will find the DCM's
CAMA Major Application, Preservation Point CAMA Major Site Plan and the Adjacent Property Notification
Statement. To expedite the permit process, it would be helpful if you would sign and return the notification
statement, via email, to dlutheranksegi.us. Should you have any objections to this proposal, please send your
written comments to Mr. Tyler McGuire, of the Wilmington District Office, at 127 Cardinal Drive Extension,
Wilmington, North Carolina 28405, within 30 days of your receipt of this notice. Such comments will be
considered by the Department, in reaching a final decision on the application. No comment, within 30 days
of receipt of this notice, will be taken as "no objection".
For questions regarding the methods and/or timing of construction or if you have questions regarding
environmental concerns, please contact me at 910.228.1841.
Thank you for your time and assistance with this project.
Sincerely,
RECEIVED
Dana A. Lutheran DGM WILMINGTON, NC
SEGi Regulatory Specialist MAR 0 3 2020
Enclosures (3)
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1, ,9rticle Addressed to:
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❑Agent
B. Received by (Printed Name ❑ Addressee
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C. Date of Delivery
n�-�alle. Cif
D. Is delivery to �}�{aWnt from item 1? ❑ Yes
If YES, enter, der'v� "Z¢ ' t4-i4 Aq ❑ No
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❑ Retum Receipt for
Merchandise
2 ®} 0 ®� 616 8 8922
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❑ Signature Confirmation
PS Form 3811, July 2015 PSN 7530-02-000-9053
Bail Restricted Delivery
)
Restricted Delivery
Domestic Return Receipt
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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9590 9402 5641 9308 8745 39
A. Signature
7fF A% ❑ Agent
❑ Addressee
B. Recelypd (Printed N e) C. Date of Delivery
m
D. I§ d''elivery,add�bsfifret om item 1? ❑ Yes
If YES, gnWr, delive �!rest� ppp�ow: ❑ No
OV A R 0 3 2020
3. Service Type
❑ Priority Mail Expresso
❑ Adult Signature
❑ Registered MaiITM
❑ Adult Signature Restricted Delivery
O'Cartified Mall®
❑ Registered Mail Restricted
Delivery
❑ Certified Mall Restricted Delivery
❑ Return Receipt for
❑ Collect on Delivery Merchandise
2. Article Number {Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM
❑ Insured Mail ❑ Signature Confirmation
]) I Restricted Delivery Restricted Delivery
7 012 1010 0002 616 8 7338
PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt
_tea W Zap
ROY COOPER
Covemor
MICHAEL S. REGAN
Secretary
MICHAEL SCOTT
Director
Sent Via USPS and email
Sean Curtin
v�
NORTH CAROLINA
Environmental Quality
February 18, 2020
Wilmington Waterfront Property Owner, LLC
8255 Greensboro Drive, Suite 200
McLean, VA 22012
gtyrell@kettler.com
Subject: Letter of Eligibility
Almont Shipping II
19 and 41 Harnett Street
Wilmington, New Hanover County
Brownfields Project Number 23080-19-065
Dear Mr. Curtin,
The North Carolina Department of Environmental Quality (DEQ) has received and
reviewed your January 7, 2020 Brownfields Property Application (BPA) and additional
information (received on January 11, 2020) submitted by Geosyntec Consultants of NC, PC on
behalf of Wilmington Waterfront Property Owner, LLC as a Prospective Developer seeking a
Brownfields Agreement regarding the Brownfields Property. Upon review of the BPA with
respect to the requirements of the Brownfields Property Reuse Act of 1997, DEQ has determined
that this prcject is eligible for entry into the North Carolina Brownfields Program (NCBP) and
for continued evaluation for a Brownfields Agreement (BFA).
The next step in the BFA process will involve a detailed review of available
environmental and other relevant data to determine what is currently known about contamination
at the Brownfields Property, and what, if any, information gaps may exist that may require
additional assessment. We are in receipt of the environmental reports previously submitted with
NCBP No. 10040-06-065.
If available, historical Brownfields Property information from the files of DEQ's
Division of Waste Management will also be utilized during the evaluation process. Please
forward any additional information or data you may have or can acquire for our evaluation. This
should include reports from other DEQ agencies or regional offices. We will contact you
regarding any additional assessment that may be necessary to establish that the Brownfields
Property is or can be made suitable for the intended reuse, as required by statute. RECEIVED
OCM WILMINGTON, NC
MAR () 3 2020
North Carolina Department of Environmental Quality I Division of Waste Management
217 West Jones Street 11646 Mail Service Center I Raleigh, North Carolina 27699-1646
919.707.8200
Almont Shipping H
February 18, 2020
Page 2
According to the BPA, the intended redevelopment for the Brownfields Property is for
multi -family residential, retail, and an associated public/private parking garage. Because risk
management decisions may vary depending on the nature of the redevelopment, it will be
important that DEQ review the locations of the various elements. Please forward any maps or
drawings indicating these details, even if they are only preliminary or conceptual.
Please note: pending execution of a final BFA, NCBP eligibility is provisional. The
protections a BFA offers the Prospective Developer are not in effect, unless and until, the BFA is
executed. If you occupy the Brownfields Property or operate or conduct activities at the
Brownfields Property that result in a release of regulated substances before a BFA has been
finalized for the Brownfields Property, you may be considered to have caused or contributed to
contamination at the Brownfields Property. Because an entity that could be considered to have
caused or contributed to contamination at the Brownfields Property cannot be a Prospective
Developer under the Act, your eligibility for participation in the NCBP would be placed in
jeopardy. Consult closely with your Project Manager regarding any planned site activities prior
to agreement finalization. You are cautioned to conduct all such operations and activities at the
Brownfields Property with great care not to cause a release of regulated substances at the
Brownfields Property that could jeopardize your eligibility for participation in the NCBP.
If a party other than Wilmington Waterfront Property Owner, LLC will own the
Brownfields Property at the conclusion of the brownfields process, the final document (which
gets recorded at the register of deeds' office) must be signed not only by Prospective Developer,
but by that owner. Failure by the Prospective Developer to ensure, by the time the BFA
negotiations are complete, the willingness to sign of any such party, and to provide DEQ the
exact name, email address, telephone number, and US mail address of the party (along with the
signatory/signatory's tile in the case of an entity) will delay, and could prevent, the BFA taking
effect.
We are excited about the potential for public benefit offered by the reuse of the Almont
Shipping I1 property and look forward to working with you to advance this brownfields
redevelopment project. If you have questions about this correspondence or require additional
information, please feel free to contact the project manager Caroline Goodwin by phone at 919-
707-8376 or by e-mail at caroline.goodwin@ncdenr.gov.
Sincerely,
Bruce Nicholson
Brownfields Program Manager
ec: Central Files, DEQ
Ellen Lorscheider, DEQ
Caroline Goodwin, DEQ
Sharon Eckard, DEQ
Kaitlyn Rhonehouse, Geosyntec Consultants of NC, PC
011L�.41NG TON, NC
MAR 0 3 2020
. .
-" ` River&ont �iuldings II, LLC, c/o Charles Schoninger & Kyle Myers Permrt#52-i3
.. Page 4 of 4
ADDITIONAL CONDITIONS
. ..
NOTE:
-- :.
This permit does`not eliminate ,the need to obtain any additional state,. federal or local perms . ,
approvals or authorizations that may be required, including but riot' limited to a stormwAter
managemerit.permifi I'rorn'the Dszon 'af Water Quality. ,°: - -
NOTE
I.
= .
Future development of the permittee's proerfiy may require a modification .of Plus permit
- -
. -. ,
Contact representative ; the Division at (91 Q) 96 7215 pnor to the commencement of any -:
such a"t" — for ,this determination ` The permittee is =further; advised that many nori=water
.
:.
dependent activi e$, are notR,uadAa within 30 feet of the normal lugli wafter level :. , . 111
NOTE,
.: .. ,
The N C Division of Water Quality has authorized the proposed pmleet under DWQ Project No
.
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The iJ S Army Corps of Engu eers authorized the proposed pro3ect under CO Action Id. No I.
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Downtown Wilmington Riverfront Project CAMA Major Permit ,�F j
Attachment I
Adjacent Riparian Property Owner Maps
City of Wilmington
R04716-001-015-000
R�
4
Project Site
NRMH Holdings, LLC
R04716-001-003-000
f
RECEIVED
dCM W►LMINGTON, NC
MAR 0 3 2020
141
MacPherson, Tara
From: dlutheran@segi.us
Sent: Tuesday, March 24, 2020 9:20 AM
To: MacPherson, Tara
Cc: Pietila, Tanya K
Subject: [External] RE: Kettler Wilmington Riverfront
Attachments: CAMA Major Supplemental Document 3-23-2020.pdf; Appendix H Kettler Wilmington
Waterfront CAMA Major Site Plans 3-23-2020.pdf, DCM-MP-1 Application
3-23-2020.pdf, DCM-MP-3 Upland Dev 3-23-2020.pdf
!,CAUTION:
Hi, Tara
Thank you, for getting a first look at this project so quickly. I have inserted my responses into your email below.
jouthem Environmental Group, Inc.
5515 50utk College Roacl,5' uite r
Wilmington, NC 284 i 2
09ice: ) 1 o.4j2.271 1
lmo6ile: 9 1 o.223. 1 3+1 (Preferred)
www.se_qi.us [segi.us
From: MacPherson, Tara <tara.macpherson@ncdenr.gov>
Sent: Monday, March 9, 2020 3:02 PM
To: dlutheranPsegi.us
Cc: Pietila, Tanya K <tanya.pietila@ncdenr.gov>
Subject: Kettler Wilmington Riverfront
HI Dana, I was able to review this project and had a few questions for you:
• Since the project is partially in the Wilmington National Registry of Historic Places, do you have anything from
the City on that?
I should not have included "Wilmington" in front of National Registry of Historic Places. I think that is what is
causing the confusion. The site is located within a National Register District but not within one of
Wilmington's "Local Historic Places", such as "The Theater District" or the "Residential District". There are
no structures slated for demolition, therefore it does not require City review
(^,ttps://www.wiimingtonnc.gov/home/showdocument?id=2668 'kivilmingtonnc.gov}).
• MP-1(5)(i) indicates that stormwater will be discharges into wetlands, but MP-1 (4)(m) indicates there are no
wetlands on the site..
➢ MP-1(5)(i) has been revised..
• Is MP-1 (4)(n) meant to read wastewater and not drinking water?
r MP-1(4)(n)_has beenrevised.
• Where are we with the Brownfields Agreement (BFA) for the new proposed work?
AR
fJCM WIL INS:-.
➢ The developer has submitted a BFA application and received a Letter of Eligibility (see attached). It is
expected that the project will receive the BFA, but it is a long process (i.e. 6 mo.), from what I understand.
• Is the MP-2 (1)(a) material below NHW just the rip rap removal or is there more excavation being proposed?
Yes, just the rip -rap material, to install the wall. I gave them 5' beyond the front of the wall, just to be on the
safe side. They may not need all that.
• MP-3 (a) Please provide the Building Dimensions for all separate structures.
➢ There is only one building on the site. I have updated the form to reflect this, as well as increased the
number of units per acre.
• MP-3(h) If stormwater has been submitted please indicate yes and the date of submittal.
The stormwater plans are currently being designed. The engineer thought they would have it submitted this
week.
• Are the wetland maps you submitted from the old project where they filled in a drainage area or are there
current Section 404 wetlands on the property?
There are no wetlands on the property. They were all filled, as authorized under the previously issued
USAGE, DWR and CAMA permits.
• 1 understand that this is Urban Waterfront, but it is hard to tell exactly what is what on the detail drawing of the
waterfront. I need to be able to describe in detail what is being proposed. Please update if you can indicating
what each square represent.
Please find attached the landscape plan for the development between the bulkhead and building. I've
updated the Supplement Doc and MP-3 (see attached), to reflectthe type of materials being used, within
the 75' AEC, and total BUA within the 75' AEC.
Thanks Dana,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tar@.macpherson((:Dncdenr.gov
127 Cardinal Drive Ext
Wilmington, NC 28405
'Nothing Compares ,
:Small orrespor?derce `O apc r`rcm h'is adc4l SS rs St/bject cro 'he
Not- ai . iir'- _icilc . Cods _a';ti ?,^. d may �_,e _.fscicsec" :'(i q Garn"es.
MacPherson, Tara
From: dlutheran@segi.us
Sent: Wednesday, April 1, 2020 4:16 PM
To: MacPherson, Tara
Subject: RE: [External] RE: Kettler Wilmington Riverfront
Attachments: CAMA Major Supplemental Document 3-31-2020 without site plans signed.pdf
Categories: To do
Hi, Tara.
See my responses below. I think I got it all.
jouthern E_nvironmental Group, Inc.
5515 5outk College Koad, Suite I,
Wilmington, NC 2841 2
office: ) 10.452.271 1
M06ile: y 10.228.1 8+1 (preferred)
www.segws
From: MacPherson, Tara <tara.macpherson@ncdenr.gov>
Sent: Friday, March 27, 2020 1:10 PM
To: dlutheran@segi.us
Subject: RE: [External] RE: Kettler Wilmington Riverfront
Hi Dana, I have this mostly written with the exception of the items below:
1. The narrative says the project is on 19 and 41 Harnett street. Is it not just 41 harnett st?
Its actually just 19 Harnett. I've made changes to the MP-1 and Supplemental Doc (see attached),
2. The narrative also states that the purpose is to construct two mixed use seven story buildings. Please provide
building dimensions.. I am not get the same numbers you are for sq. ft.
I apologize. I thought I had made the revisions to reflect 1 building. I believe I did it throughout the application
packet. Also, I have included a new sheet (5 of 5) in the site plans, that denotes the dimensions of the building.
Due to the size of the drawings, the site plan is not attached to the Sup Doc. and will be sent under separate
cover.
3. Where is the attached brownfields letter??
Due to the size of the Brownfields Application, that will be sent in a separate email. The Letter of Eligibility is
attached to the Sup. Doc. as Appendix J.
4. Where will the excavated material be hauled off to MP-2 (2) is blank?
They believe they won't need to take any soil off -site. The existing asphalt, concrete and rip rap will likely be
taken to Wilmington Materials or alike. I've incorporated a mention of this into the Sup. Doc. and MP-2.
S. Narrative says 273 cubic yards of material will be excavated, MP-2 says 1125... which is it?
Its 273 CY. I've made the change.
6. Cannot print sheet 2 to scale... please send hardcopies of cannot convert to 11 X 7
Please review this sheet, as I incorporated the building dimensions
1
NORTH CAROLINA
Environmental Quality
April 21, 2020
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
gregg.bodnar(cDNCDENR.gov
SUBJECT: CAMA / Dredge & Fill Application Review
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
Applicant: Wilmington Waterfront Property Owner, LLC c/o Graham Tyrrell
Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County
Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building
w/ associated landscaping, adj. to a section of the Wilmington Downtown Riverfront
along the east bank of the NE Cape Fear River.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grep_p Bodnar at the address above by May 15, 2020. If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266
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"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
22
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Book 6232 Page 2364
V�NTY.
TAMMY THEUSCH �T
BEASLEY lr ems% Hanover County
c Y
Register of Deeds
Register of Deeds
320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 /
Telephone 910-798-4530 • Fax 910-798-7716
1
State of North Carolina, County of NEW HANOVER
Filed For Registration: 07/25/2019 11:11:46 AM
Book: RB 6232 Page: 2357-2364
8 PGS $8,526.00
Real Property $26.00 RECEJ
VED
Excise Tax $8, 500.00 DCM WILMINGTON NC
Recorder: STEPHANIE PEREZ
Document No: 2019022938 MAR 0 3 2020
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.
Book 6232 Page 2363
EXHIBIT C
To Special Warranty Deed
Such property has been classified as a brownfields property under the Brownfields Property
Reuse Act and is subject to the Notice of Brownfields Property recorded with the New Hanover
County Registry at Book 5326, Page 1093, including as amended.
RECEIVED
DCM WILMINGTON, NC
MAR 0 3 2020
Book 6232 Page 2362
Easements, setback lines and any other matters shown on Survey entitled ALTA/NSPS
Land Title Survey for Kettler Inc., Almont Tract 4 & Northern Riverfront Marina and
Hotel, LLLP Tract by Jonathan L. Wayne, PLS dated March 28, 2019 and plats recorded
in Plat Book 58, Page 310; Plat Book 58, Page 391; Plat Book 50, Page 155-159; Plat
Book 59, Page 55; Plat Book 60, Page 319; Plat Book 57, Page 354; Map Book 12, Page
3; Map Book 59, Page 308, New Hanover County Registry.
K. Partial Release of Easement recorded in. Book 5864, Page 1927, New Hanover County
Registry.
L. Encroachment Agreement(s) between City of Wilmington and Seaboard System
Railroad, Inc. recorded in Book 1300, Page 1661, New Hanover County Registry.
M. Certificate of Assumed Name for a Limited Liability Company LLC recorded in Book
5875, Page 1728, New Hanover County Registry, and any and all judgments, liens,
conveyances, or other encumbrances indexed in the public records of New Hanover
County, North Carolina, under any such assumed name or names identified therein.
N. Assumed Business Name Certificate recorded in Book 6131, Page 1752, New Hanover
County Registry, and any and all judgments, liens, conveyances, or other encumbrances
indexed in the public records of New Hanover County, North Carolina, under any such
assumed name or names identified therein.
O. Rights of others in and to the use of the Private Access Easement recorded in Book 5864,
Page 2298, New Hanover County Registry.
P. Easement(s) to City of Wilmington for Riverwalk recorded in Book 5364, Page 914.
Amendment to Easement for Riverwalk recorded in Book 5820, Page 1205. Corrected
Amendment in Book 5838, Page 2676, New Hanover County Registry. As noted on
Survey by Jonathan L. Wayne, PLS dated March 28, 2019.
Q. Declaration of Reciprocal Easement(s) and Covenant(s) recorded in Book 5838, Page
2686, New Hanover County Registry. As noted on survey by Jonathan L. Wayne, PLS
dated March 28, 2019.
R
Book 6232 Page 2361
EXHIBIT B
To Special Warranty Deed
A. Easement(s) to Carolina Power and Light Company recorded in Book 913, Page 244;
Book 916, Page 245; and Book 1067, Page 598, New Hanover County Registry.
B. Notice of Brownfields Property recorded in Book 5326, Page 1093 and as shown on Map
Book 53, Pages 55-58, New Hanover County Registry. Amendment to Brownfields
Agreement recorded in Book 5838, Page 2 67 1.
C. Development Agreement between Riverfront Holdings II, LLC and City of Wilmington
recorded in Book 5371, Page 1106, New Hanover County Registry. Assignment of
Declarant Rights to Sawmill Point Investors LLC recorded in Book 5659, Page 218, New
Hanover County Registry. Assignment of Declarant Rights to CRM Mid Atlantic
Properties, LLC recorded in Book 5577, Page 863, New Hanover County Registry.
Amendment to Development Agreement recorded in Book 5790, Page 2173, New
Hanover County Registry.
D. Restrictive covenants as set forth in the first two full paragraphs immediately after the
legal description in the Deed to Stevedores, Inc. recorded in Book 903, Page 664, as
modified by Certificate of Compliance recorded in Book 1502, Page 1176, New Hanover
County Registry.
E. Assignment of rights and responsibilities under Indemnity Agreement between Seacor,
Inc. and Scarafoni Associates NC, Inc. recorded in Book 2386, Page 680; and Book
2799, Page 300, New Hanover County Registry. Assignment of Rights and
Responsibilities Under Indemnity Agreement between Riverfront Developers and
Scarafoni Associates NC, Inc. recorded in Book 4246, Page 889, New Hanover County
Registry.
F. Easement to Tidewater Power Company, recorded in Book 254, Page 330, New Hanover
County Registry.
G. Rights of others in and to the continued and uninterrupted flow of ditches, which affect
the property conveyed hereby.
H. Covenants, conditions, restrictions and easements contained in instrument recorded in
Book 4632, Page 113; Book 4925, Page 2533 and Book 5646, Page 1465, and any
amendments thereto, if any, New Hanover County Registry, but omitting any covenant or
restriction based on race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income, as set forth in
applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law.
I. Affidavit(s) recorded in Book 5121, Page 1913 and Book 5121, Page 1966, New Hanover
County Registry. RECEIVED
DCM WILMING T ON, NC
Book 6232 Page 2360
EXHIBIT A
To Special Warranty Deed
PROPERTY DESCRIPTION
Being all of Tract 4 as shown in map entitled "Recombination Plat for Riverfront Holdings II LLC as
recorded in Map Book 59, Page 55, New Hanover County Registry, reference to which is hereby made for
a more particular description and being a portion of the property conveyed in Deed Book 6007, Page
1025.
Together with Private Access Easement granted in Book 5864, Page 2298 and further described as:
A certain tract or parcel of land being a "Private Access Easement" over a portion of "Tract 3" (Map Book
59, Page 55) and being more particularly described as follows:
Beginning at a point on the western right of way of Old Front Street (66 ft, public right of way) and the
western terminus of Harnett Street (66 ft. public right of way), said point being located S 38-44-51 W
46.67 ft. from the intersection of the right of way of centerlines of said Harnett Street and Old North Front
Street: Proceed from said point of beginning S83-44-36 W. 150.87 ft. thence S 46-34-06 W 20.71 to a
point in the line of said "Tract 3", thence with the lines of said "Tract 3" S 83-44-36 W 157.03 ft., thence
with a curve to the left having a radius of 28.50 ft. a chord S 12-20-52 W 23.24 ft., thence with a curve to
the right having a radius of 56.50 ft. a chord S 41-4113 W 90.72 ft. thence leaving said lines of "Tract 3"
and with a curve to the right having a radius of 56.50 ft. a chord N 46-25-13 W 70.33 ft., thence N 07-56-
23 W 53.07 ft., thence with a curve to the left having a radius of 23.43 ft. a chord n 70-45-55 E 21.07 ft.
thence with a curve to the left having a radius of 29.50 ft. a chord N 18-48-43 E 30.54 ft., thence N 12-22-
00 W 9.60 ft., to a point in the line of said "Tract 3", thence with said 'Tract 3" line N 83-43-46 E 31.18 ft.,
thence leaving said 'Tract 3" line S 12-22-00 E 6.29 ft., thence with a curve to the left having a radius
67.50 ft. a chord S 69-42-49 E 11.80 ft., thence with a curve to the left having a radius of 18.50 ft., a
chord N 81-24-05 E 20.64 ft., thence N 47-30-13 E 3.78 ft., thence N 36-10-13 W 19.20 if, thence N 06-
16-14 W 16.12 ft., to a point in the line of "Tract 3", thence with said 'Tract 3" line N 83-43-46 E 120.06 ft.,
thence leaving said "Tract 3" line S 06-16-01 E 8.49 ft., thence N 83-44-36 E 218.60 ft. to said western
terminus of Harnett Street, thence with said western terminus S 06-14-54 E 45.00 ft. to the point of
beginning.
i
H
Book 6232 Page 2359
IN WITNri SS WHEREOF, Grantor has hereunto set its hand and seal, the day and year first
above written.
GRANTOR:
NRMH HOLDINGS, LLC, a North Carolina limited
liability company
1.
By:
Name: r e
Title:
STATE OF NOP* CE40tr§
COUNTY OF Nwty §
I hereby certify, that on r, oir , 2019, before me the undersigned authority
personally appeared as y of NRHM
HOLDINGS, LLC, a North Carolina limited lia ility company, known to me to be the person described in
and who executed the foregoing instrument, and severally acknowledged the execution thereof to be their
free act and deed,for the uses and purposes therein expressed.
Notary Public, State of W 064n L4401 Wk \
RA l H k/ Printed Name of Notary: :�► l �g
N� My Commission Expires: 3 a 0 a0 a
0TAq
�L'B`L
RECEIVE®
DCM WILMINGTON, NC
Signature Page to Deed
MAR 0 3 2020
3
Book 6232 Page 2358
TOGETHER WITH all the buildings and improvements on the Property; and all rights -of -way, alleys,
ways, waters, easements, privileges, appurtenances, and advantages, to the same belonging or in anywise
appertaining; and all the estate, title, right, interest and claim, either at law or in equity, or otherwise, of
Grantor of, in, to or out of the Property, and all right, title and interest of Grantor in and to the land lying
in the ,bed of any street, road or highway (open or proposed) in front of, adjoining or servicing the
Property, including condemnation awards or payments in lieu thereof after the date hereof as a result of a
change of grade, alignment or access rights.
The Property was acquired by Grantor by instrument recorded in Book 6007, Page 1025, New Hanover
County, North Carolina.
The Property does not include the primary residence of a Grantor.
TO HAVE AND TO HOLD the aforesaid Property the aforesaid Property together with the buildings and
improvements thereon and all rights, privileges, easements and appurtenances thereto belonging to the
Grantee in The simple.
And Grantor covenants with 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, except for the exceptions hereinafter stated.
Notwithstanding the foregoing or anything to the contrary, Grantor makes no representation or warranty
of any kind, including any warranty of title, with respect to the conveyance of any easements, including,
without limitation, any easements described on Exhibit A attached hereto and made a part hereof
(collectively, the "Easements"). The Easements are conveyed by Grantor to Grantee without
representation or warranty of any kind by Grantor.
Title to the property hereinabove described is subject to the following exceptions:
Ad valorem taxes for the year 2019.
The encumbrances described in Exhibit B attached hereto and made a part hereof.
The agreement described in Exhibit C attached hereto and made a part hereof.
[Signature Page Follows]
@E
DCM WILMINGTON, NC
MAR 0 3 2020
0
n Book 6232 Page 2357
6lhDa
Excise Tax $8,500.00
Tax Lot No.
Verified by
by
BK: RB 6232 II�IIfIIII�1l1IlI�IIIIIIIIiII� I III I4 f{�
PG:
2357-2364
RE2019022938 NC FEE S26.00
RECORDED:
07-25-2019 NEW HANOVER COUNTY, NC STATE OF NC
11:11:46 AM TAMMY THEUSCH HEASLEY REAL ESTATE
By. STEPHANIE PEREZ REGISTER OF DEEDS ExTx y6500.00
DEPUTY
Recording Time, Book and Page
Parcel Identifier No. R04716-001-026-000
County on the day of , 20®
Mail after recording to: Reed Smith LLP 7900 Tysons One Place. Suite 500, McLean, Virginia 22102, Attention:
James C. Brennan
This instrument was prepared by: Parker Poe Adams & Bernstein LLP (prepared without title examination)
wary
NORTH CAROLINA SPECIAL WARRANTY DEED
THIS DEED made this lob+h day of July, 2019, by and between
GRANTOR GRANTEE
NRMH HOLDINGS, LLC WILMINGTON WATERFRONT PROPERTY
a North Carolina limited liability company OWNER, LLC
720 N. 3`d Street, Suite 301 a Delaware limited liability company
Wilmington, NC 28401 8255 Greensboro Drive, Suite 200
McLean, Virginia 22102
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.
1
WITNESSETH, 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 of that certain lot or parcel of land situated in New Hanover County, North Car aiitaa;Y
more particularly described as follows (the "Property"): CICIN4 WILMING i ON NC
See Exhibit A MAR 03 2020
RETURN TO:
Commercial Title Group
Return to: {Ip,i�a ,V a division of in Bridge Title Group
- b ' � B 1320 Old Chain Bridge Road, Suite 210
McLean, VA22101 lla-3638p
Downtown Wilmington Riverfront Project CAMA Major Permit I�D-�_�3�
Appendix B
City of Wilmington Zoning Map
M
61Pa-z (3 -' 2O)
Downtown Wilmington Riverfront Project CAMA Major Permit F C]
EA
Appendix C
Kettler Wilmington Riverfront Vicinity Map
=
202
71
Downtown Wilmington Riverfront Project CAMA Major Permit "-�) F _6 i
Appendix D
DWR NECFR Water Classification Maps
Surface Water Classifications:
stream 1n.dev'
-18-74461)
A
eam Name:
No- - Cape F-
River
Descr-ration:
From r�,,:
7-P
sc'sw
Date c,f Class,:
March 3 1919
.N2
R;ver Bes,r,--
Cape Fear
'VV hat does this
More ;infri
fa mean"
Class_
Zoom toagx
RECEIVED
DCM WILMINGTON, NC,
MAR 0 3 2020
Downtown Wilmington Riverfront Project CAMA Major Permit ,�-DF-Gi
Appendix E
New Hanover County Flood Map
1055
1010 ;¢. 0 �iQ 1
1135
�9 11,
*- 1 11
� =
RON Srt
`y
$ 1074
d Hazards
0.2 PCT ANNUAL CHANCE FLOOD HAZARD
�F FLOODWAY
sVE
0 :11 - — X 1 PCT FUTURE CONDITIONS
X
0
0 1
r5 d
0
30
-. -
h
ECE-i VE-
DCM WILMINGTON, NC
91 1 _ � ,
Downtown Wilmington Riverfront Project CAMA Major Permit
Appendix F
Google Earth Historical Aerials
10 1 , _ - .
Downtown Wilmington Riverfront Project CAMA Major Permit F_C�i
BY
.\
EASEMENT 3
JW EASEMENT FOR MMTWALK
MY MARINA NRMwwom, ac
BOOK 5034 PACE OPF4
404
TIES
N.P.S ALONG ALL
NORMAL HIGH W 4IEA
�\
WAIERWARD LIWIS
OF COASTAL NEAAND
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EMPLOYEE ON 6/)1/)2
',L^-' LIE WTHIN A
ED BY 1HE FEDERAL
DESCRIBED PROPERTY
ZONE DEWONA77ON 11
AIANAMWENT AGENCY
P N0. JI1B. WTH A
rY IN IWICH S41D
FY R16YT-OF-WAY
PAGE 3) INDICATES
,u,c mArr /7ur
Coastal Marsh
Pocket = 62.2-1
Coastal Marsh
Pocket = 93.6-sqft
LINE
607# Sq.Ft.
0.0139E ACRES
047ERNARV LIMITS
Or COASTAL WETLANDS -
nAGOW BY NO DIMON
Or COASTAL MANAOE1 fvir
EMPLOYEE ON 5/TI/12
lriv;-�F�mlr
rA
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(cross hatched area) _
1,402-sqft
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OF COASTAL MERAND
RAGOEV
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COASTAL MANAGE MT
EMPLOYEE ON 51YI/72
608t Ft.
0.0139.E ACRES
LANDWARD LOTS
OF COASrAL NE71ANDS
FLAOM BY NC DIWS/ON
OF COASTAL MANAGEMENT
EMPLOYEE ON 51f?172
L4.Y
l�
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EASEMENT 3
30' EAS} wevr FOR RIYF rwlK
CITY MARINA KNNGTON, LLC
BOON 5034 PAGE 0914
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�'M WILMINCTON.
00 0 2 2013
NC
e R/PARI MN"voC
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PROP BULKHEAD ALONG MEAN HIGH WATER LINE
PROP TOP OF BULKHEAD ELEV. = 9.0
238 CY OF MATERIAL TO BE EXCAVATED -
PROP 4,450 CY FILL MATERIAL REQUIRED'
PROP 257 LF OF BULKHEAD
67,098 SF IMP WITHIN PROPI
15,790 SF IMP WITHIN 75 FT
6,246 SF IMP WITFIIN 30 FT BU
EXISTING CITY OF MLMINGTON RIVER WALK
I EXISTING CITY OF NLYINGTON STORM DRAIN
PROP BULKHEAD ALONG MEAN HIGH WATER LINE
PROP TOP OF BULKHEAD ELEV. = 9.0
7'
C15`AR/ 449
0
PROP 30 LF OF BULKHEAD OFFSI
CONNECT TO EXISTING BULKHEAD
40 20 0 40 80 120
SCALE IN FEET 1 "= 40'
L
CITY OF MLMINGTON
R04716-001—OOJ-000
ZONING COD
LAND USE — VACANT
. . . . . . . . . . . . . . . . ... . . . . . . .
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GENERAL NOTES:
I R04716-001-015-000
I I ZONING CBD
I I LAND USE — DEVELOPED
OB 6042 PG 2800
1. NEW HANOVER COUNTY PARCEL
NUMBER.:
PID = R04716-001-026-000
6. BASE FLOOD ELEV. = 9 + 2 FT
FREEBOARD = MIN FF OF 11.0
7. SITE ADDRESS 19 HARNETT STREET
I
2. TOTAL PROJECT AREA: 77,724 SF
8. ASBUILT, BOUNDARY AND
(1.78 AC.)
3. EXISTING ZONING DISTRICT: CBD
TOPOGRAPHIC SURVEY PERFORMED
AND PROVIDED TO CSO ENGINEERING
4. LAND CLASSIFICATION: CONSERVATION
BY HANOVER DESIGN SERVICES.
RESOURCE
VERTICAL DATUM = 88
5. THIS SITE IS LOCATED IN ZONE AE
(EL 9) ACCORDING TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCYS
FLOOD INSURANCE RATE MAP,
COMMUNITY —PANEL NUMBER
9. OWNER — MLMINGTON
RWAYRNWO PROPERTY OWNER, LLC
160 MINE LAKE CT.
APR 01 20& SUITE 200
RALEIGH, NC 27615
3720311800 L, DATED: 8/28/18.
DCM WILMINGTON, NC
IG I. SGVL IN% b•
OAW BY.. aW
CNEWW BY HS
P8 C1 NO.: 07-0I52
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pAPR U 1 ?�M
SITE PROFILE
SCALE: V is approximately 17'
DCM WILMINGTON, NC
I
�
I
BULKHEAD TYPICAL SECTION
SCALE: 1 /2"=V-0"
1" 0 BOLT, TYPJ
C12X20.7 J2
1 Y2" O TIE ROD @ 10-1 Y" O.C.
BULKHEAD PLAN
SCALE: 1 /2"=1'-0"
Kettler Wilmington Waterfront Bulkhead Detail
SHEET 3 OF 5
3/31/2020
APR 01 2020
DCM WILMINGTON, NC
75' ESTUARINE SHORELINE AEC
30' ESTUARINE SHORELINE
F
LL
BRICK PAVES
(IMPERVIOU )
fi
STONE FINES/
(PERVIOUS)
LANDSCE
(PERVIOUAPS)
CONCRETE PAVERS
(IMPERVIOUS
CONCRETE
LANIDSCAPE
TVIOUS)
STONE FINE
(PERVIOUS)
�'r I -
�.ONCRETE ({AVERS
(IMPERVIO"QQ)
LANDSCAPE>
r
- (PERVIOUS)
STONE FINES
VNA
(PERVIOUS)
I
ARTIFICIAL TURF
KETTLER WILMINGTON WATERFRONT DEVELOPMENT
MATERIALS WITHIN 75' AEC EXHIBIT
JDAVIS> CAMA Submission
45,107SF Building
TOTAL AREA WITHIN 75' AEC
+/-
19,430 SF
CONCRETE PAVEMENT
+/-
3,410 SF
GRASS
+/-
3,265 SF
STONE FINES
+/-
210 SF
BRICK PAVERS
+/-
850 SF
CONCRETE PAVERS
+/-
950 SF
TOTAL BUA WITHIN 75' AEC
+/-
15,955 SF
PERCENT BUA WITHIN 75' AEC
+/-
82%
TOTAL AREA WITHIN 30' BUFFER
+/-
7900 SF
(IMPERVIOUS) I PERCENT BUA WITHIN 30' BUFFER +/- 79%
CONCRETE PAVEMENT I ASPHALT PAVING
46
(IMPERVIOUS)
/ (IMPERVIOUS) I
" CONCRETE PAVERS I
(PERVIOUS)
LANDSCAPE BRICK PAVERS
\ , (PERVIOUS) (IMPERVIOUS)
CONCRETE PAVERS
(PERVIOUS)
APR 0 1
i
J
SHEET 4 OF 5
3/31/2020
NOT TOO SCALE
Wilmington Riverfront Apartments I Wilmington, NC
DCM WILMINGTON, NC
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NOT TO SCALE
ENRNTOF SITE OEVELOPNENF NOT W SCOPE OF PROPOSED
6 ouwxer
®
CONSTRUCTION. GRADRG. LANDSCAPE, HARDSCAPE LgH TWO, AND STREET
n.
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OEVELOPMENTW INESEAREAS IS BY THE CITY OFYRSWGTON AS PARTOF
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THE NORTH WATERFRONT PARK DEVELOPMENT.
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FIRST FLOOR BUILDING PLAN
SHEET SOFS
�
3/31/2020
Major Permit Fee Schedule
Project Name: County:'' (( Check No & Amount'.
al
DCM % DWQ ova
Development Type Fee (14300160143510009316256253) (2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or $250 100% ($250) 0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation $400 100% ($400) 0% ($0)
of any wetlands or open water areas:
III For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality $250 100% ($250) 0% ($0)
Certi ation No. 4175 can be applied:
III(B). Public or commercial developm
if General Water Quality Certificati n $ 0 100% ($400) 0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240) 40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
If General Water Quality
e
$400
60%($240) 40% ($160)
n No. 4175 cannot be appli d.
l
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285) 40% ($190)
of wetlands and/or open water areas: