Loading...
HomeMy WebLinkAbout21-21 526 South Luminda LLCIt Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A- 118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 21-21 Issued to 526 South Lumina LLC c/o William Joyner, 2101 Forest Dr. East, Charlotte, NC 28211 Authorizing development in New Hanover County at adi. to Banks Channel. at 526 Waynick Boulevard, in Wrightsville Beach as requested in the permittee's application dated 10/6/20, including attached workplan drawings (2),dated 10/6/20. This permit, issued on February 16, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation uuya.uvuua..u., v..nvu a..uvu, va way ..aua.. u,a. Ya.aun. w u.. uuu auu vv.u. Docking Facility 1) This permit authorizes only the docks, piers, gazebos, boat lifts, 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 shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent refleb'tors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) I his penult action may be appealed by the pernittee or other qualified persons within twenty (20) days of the issuing date. 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. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. a� /11QM� SZ6 526 South Lumina LLC c/o William Joyner Permit No. 21-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized structures and associated activity shall not cause an unacceptable interference with navigation, and shall not exceed the established Wrightsville Beach pier -head line. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) 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. 6) This permit authorizes a maximum of 3 formalized boat slips. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the gazebo shall not be designed for second story use. General 10) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 11) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 13) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 and Regional General Permit 197800080 (Action ID SAW-2020-01917). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1667. i 526 South Lumina LLC c/o William Joyner Permit No. 21-21 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator., Curt Weychert County: Permit #: WIROO E-MAIL DISTRIBUTION SHEET , Circie one Bio,Repo `_�rmit for. ✓ u7 Oversize PI _ DCM,Offices: Morehead City: PT (if oversize) via Co r "cc Curt Amanda on group email wl bio arr.app.drawings, deed, comment sheet `MHC documents (Curt & Amanda). Wilmington: Original hard -copy ONLY-USACE & DWR (wro):`"ecommendations, PN, Letter w/Site Cana, Fee Chart and Agent Authorization USACE Wilmington: er &Carteret Co): PN, CL, Reports, Split Sheet use bothfreg mgtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: �Kobb Mairs - 401 (BR/NH);,PN, CL, Reports, Split Sheet 01 (PN/ON); PN, CL, Reports, Split Sheet_ Div of Water Resources:' .Sheri Montalvo for Karen Higgins: ON, .CL, Reports, Split Sheet_ Marine Fisheries: n (un " fu i w! o +Kim Hong DCM'PlannerNkFIRO: V/Mike.Christenbury_ Gledhill -Earley Environmenta[Review0ncdenrgov_ Culturai.Resources: �4snee Natural Heritage Prog. Rodney Butler_ DCA-Rural Eco: Dev: Ziegler _ DOT: //'ark avid.Hams— NC V Wildlife Resources: lfll/ada,Dunn w/Reports Walton: DEED State Property. Office: �T _ e Moser anda Hilliard, Real Property Agent (Bio Reports only) $hellfisii Sanitation: emy Humphrey (Bio) P�asf9H _ narlon Gupton,-Admin. DEMLR: Cpfistine Hall- Stonnwater Section V -" Sams -Land Quality Section _ Publlc:WMer.Supply: �diCox City',ofWilmington: /ureter _ Enforcement: ✓ ii�eld Rep: Agent: (J DISTRIBUTED: 1Q"t Updated 09/0420 CAMA/Shaun majors docs/eAgency list DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: 526 South Lumina, LLC do William Joyner COUNTY: New lianover PROJECT NAME: 526 Waynick Boulevard LOCATION OF PROJECT: 526 Waynick Blvd, Adj to Banks Channel, Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-20-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Elks DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 10-31-20 . ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 1-3-21 MAIL OUT DATE: 10-29-20 DUDWAT'r vrnrer erTrnW- iCC11F. DENY RECEIVED OCT 2 9 2020 DCM-MHD CITY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC'D: $25088886 END OF NOTICE DATE: 11-21-20 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 11-21-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch p Oil I� DWR-401 Section t I�'��N�� � DWR—Public Water Supply �(] DEMLR—Stormwater DEMLR— Sed and Erosion I'L� ffice DOA — StE `— Wildlife Rmission ��DMF — Sn }�DMF —Hncement DNCR—istory �' 2 ' DNCR — Natural Heritage Program NCDOT NC Dept of Commerce RECOMMENDATIONS FOR 526 Wavnick Blvd 526 S. Lumina LLC 1012212020 Shoreline length = 88.08' x 8' = 704.6 ft2 (maximum allowable) Pier = 6' x 80' = 480 ft2 (credit) Fixed platform = 20' x 16' = 320 ft2 Floating dock = 8' x 30' = 240 ft2 Floating dock = 6' x 20' =120 ft2 TOTAL = 680 ft2 The proposed construction will result in a total of 680 ft2 of platform space. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the pierhead line, the eight -square foot rule and the 114 width rule. This office has no objection to the proposed work, provided it is consistent with all other local, state, and federal permitting requirements. Any permit issued should include standard conditions for private docking facilities. RECEIVED OCT 2 9 2020 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary a BRAXTON DAVIS NORTH CAROLINA Director, Division ofCoas(al Environmenta101,00, { I Management October 29, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert aONCDENR.00v SUBJECT: CAMA Applicant: 526 South Lumina, LLC Project Location: 526 Waynick Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November-21; 2026: If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. **Additional comments may be attached** 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. PRINSNAME Mark Brown AGENCY. SIGNATURE DATE Public Water Supply 10-30-20 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 .^.. ROY COOPER i MICHAEL S. REGAN BRAXTON DAVIS 1 ,4/u,urAturcnl October 29, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) curt.wevchertCaZ NCDE N R. aov SUBJECT: CAMA Applicant: 526 South Lumina, LLC Project Location: 526 Waynick Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 21, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: 'X This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PRINT NAME ML G+ AGENCY Af C 2 [� } ' G1 GC PO M t'1/bC SIGNATURE 111 RECEIVED DATE I d s Z 0 NOV W5 2020 MP SECTION SteteofNon6Ca lina i Emiromnentel Quality] Coastal Management DCM - MHO CITY 127 Cardinal Drive Ext., Wilmington, NC 26405 919 796 7215 �,iOO 'ALA Weychert, Curtis R From: Sams, Dan Sent: Tuesday, December 1, 2020 12:58 PM To: Weychert, Curtis R Cc: Pietila, Tanya K Subject: RE: CAMA Major Application: 526 South Lumina, LLC 526 South Lumina, LLC: No comment Double L Holdings, LLC: No comment Aviron HOA: No comment Scott and Lisa Diggs: If high ground activity exceeds one acre, erosion & sediment control and stormwater applications and approvals are manitory. Anthony Dombroski III: No comment Robert Barnhill: No comment Oyster Harbour Homeowners Association, Inc.: No comment Tara Nucci: No comment Kurt & Anna Taylor: No comment James Brady: No comment Kerry Svoboda: No comment Lisa and Ned Danieley: No comment Rodney Clark: No comment Peter and Carole Kozloski: No comment Michael Oktavec: No comment dan.sams From: Weychert, Curtis R Sent: Tuesday, December 1, 2020 11:40 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: CAMA Major Application: 526 South Lumina, LLC Hey Dan, I was checking my file and I didn't see any comments from your agency on this project. I looked through my emails and didn't see anything, but I may have overlooked something accidently. I just wanted to make sure that I didn't make any permit decisions without getting the DEMLR comments. Thanks, Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert(Mncdenr.00v 400 Commerce Ave Morehead City, NC 28657 ROY COOPER h. Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA a Director, Division ufCoastal Enw, onwental Otwliry Management October 29, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(ai)NCDENR.gov SUBJECT: CAMA Applicant: 526 South Lumina, LLC Project Location: 526 Waynick Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by'Nov_embei 21;_2t)20 If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 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" X 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. FRINT NAME Shannon Jenkins AGENCY NCDMF/Shellfish Sanitation SIGNATURE ioau- s2� for Shannon Jenkins BATE 11 /2/20 State ofNotth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 919 796 7215 RECEIVED NOV 04 2010 ,.., MP SECTION DCM - MHO Cr(y October 29„2020 MEMORANDUM., FROM: SUBJECT. Applicant Project Location: �•%t�• 11..c4i:01 i i CurtWeychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247,-3330 (Courier 1.1-12-09) CAMA 526 South Lumina, LLC 526 Wa County Proposed Project: Proposal to gazebo and Please indicate below your agent return this form to Curt Wevchert questions regarding the proposed pr depth comments with supporting dat REPLY: This agency "Additional This agency This agency are incorpor This agency ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover y a 3-slip docking facility that includes a fixed pier, fixed platform, docks. s position or viewpoint on the proposed project and the address above by November 21, 2020. If you have any act, contact Katharine Elks at (910) 796-7424 when appropriate, in - is requested. no objection to the project as proposed. vents may be attached' no comment on the proposed project. roves of the project only if the recommended changes See attached. cis to the project for reasons described in the attached comments. PRIMT, I 4 GENCY, fJR( I SIGNATURE �,�.��� DATE 11- t2-2D2o i State ofNdeth Carolina I Ewimnmental Qmlityl Coastal Ma,u6anent 127 CWinal Drive ExL• Wilmin=L NC29405 9197967215 RECEIVED NOV I.-SI O MP SECTION pom a miriB Qrry ROY COOPER t. !r t ere,•;nt ' a MICHAEL S. REGAN .jCfIR•/rtR' �Pn1Mp' BRAXT,ON DAVIS ,'lc?ff'i i#'E'tiRDLINA" Uircr4nr,.Drvirlun v(f'iaurt/ Gat .r;atlthi>3tk!'{7r;,llisp � hlunognmenr October29, 2020 MEMORANDUM: '..FROM: Curt Weycher , Assistant Major Permits'Coordinator" NCDEQ -Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(cZN CD EN R.gov SUBJECT: CAMA Applicant: 526 South Lumina, LLC Project Location: 526 Waynick Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks Pleaseliridicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by NOvem6er:21, 2_J If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 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" X This agency has no comment on the proposed project. This agency approves of thsproject only if the recommended changes are incorporated. See attached, This agency objects to the project for reasons described in the attached comments. �RINTiMR_Wanda Hilliard AG NENE CY, State Property Offfice IGNATUR. ' w 'l` u, """ P_A7E 11-16-2020 Slate of North Carolina I Environmental Quality I Coastal Mmagement 127 Cardinal Drive Exl, Wilmington, NC 29405 919 7967215 RECEIVED NOV 1, 6, HIM MP SECTION DCM - MHD CITY a ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division of Coastal Environmental Quality Management October 29, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c u rt. wevc h e rt(gad N C D E N R.g ov SUBJECT: CAMA Applicant: 526 South Lumina, LLC Project Location: 526 Waynick Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by Nov_em6er 21, kfo) If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 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" X 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. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE Z DATE 11 /23/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 919 796 7215 RECEIVED Nov 2 3 2no NAP SECTION DCM - MHD CITY Received: 11/5/2020 Historic Preservation Office NORTH C.AROLINA Ermirnvnmoml Oucrlirr October 29, 2020 MEMORANDUM: Due: 11/13/2020 ER 20-2350 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a) NCDEN R.00v SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN 5'ec'relary BRAXTON DAVIS Dimclor, Dtvlslon ofCoaslal Management NC - SBA 11/16/2020 Applicant: 526 South Lumina, LLC Project Location: 526 Waynick Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 21, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 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" X 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. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 11/24/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NO 28405 919 796 7215 RECRIVED Nov 2 4 B20 MP SECTION DCM - MHD CITY DocZn Envelope ID: 840BDBB1-2FD7-4CA4-8D9F-245AFC6E7BAI ROY COOPER Governor MICHAEL S. RECAN Secretary S. DANIEL SMITH Director 526 South Lumina LLC Attn: William Joyner 2101 Forest Drive East Charlotte, NC 28221 NORTH CAROLINA Environmental Quality December 14, 2020 Subject: No Written Approval Required 526 Waynick Blvd — Wrightsville Beach, NC 28480 Dear Mr. Joyner: RECEIVED DEC 161021 MP SECTION DCM - MHD CITY DWR # 2020-1667 New Hanover County The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on October 29, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at hft)://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): PMEQ�� North Carolina Department of Environmental Quality I Division of Water Resources \ r Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 211405 Ap DrpcuSign Envelope ID: 840BDBB1-2FD7-4CA4-8D9F-245AFC6E7BA3 v Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 R This letter completes the review of the Division under section 401 of the Clean Water. Please contact Robb Mairs at 910-796-7215 or robb.mairs(a)ncdenr.gov if you have any questions or concerns. Sincerely, E�Do"cu_si/g/nedby:III pYUAM SAJiItu,A� dim E3ABA16AC7DD' M Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Ed Flynn, F&S Marine Contractors, Inc., LLC, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED DEC 1 b, 2020 MP SECTION DCM - MHD CITY MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application — 526 South Lumina, Wrightsville Beach, New Hanover County Date: December 1, 2020 This project is consistent with the Wrightsville Beach Land Use Plan Update. The applicant proposes to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks. The project is located at 526 Waynick Blvd. in Wrightsville Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are PTA, ES and EW. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Wrightsville Beach Land Use Plan Update and offer the following comments. The general area of the project is classified as Low Density Residential. In general, the Wrightsville Beach Land Use Plan contains policies, which allows development in Low Density Residential classified AECs, which is consistent with the State's minimum use standards. The Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Wrightsville Beach Land Use Plan Update. RECEIVED DEC 01,10E0 MP SECTION DCM - MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01917 County: New Hanover County U.S.G.S. Quad: Wriahtsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pennittee: 526 South Lumina. LLC c/o William Joyner Address: 2101 Forest Drive East Charlotte, NC 28211 Telephone Number: Size (acres) Nearest Town Wriehtsville Beach Nearest Waterway Banks Channel RiverBasm OnslowBay USGS HUC 03020302 Coordinates Latitude: 34.1981 Longitude:—77.8035 Location description: The site is located in Banks Channel at 526Waynick Boulevard in Wrightsville Beach, New Hanover County. NC. Description of project area and activity: The Proposal is to construct anew private dockinefacility inBanks Channel that will provide for three (3) boat slips.The docking facility will consist of a fixed pier, a fixed platform and anLshapedfloating doe k Applicable Law: ❑ Section 404 (Clean Water Act, 3 3 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regiona I General Penn it Number: 197800056 SEEATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached RGP-56 Permitconditions and yoursubmitted application and attached drawings dated October6, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/orappropriatelegalaction. This verificationwill remain valid untilthe expiration date identified below unless thenationwide and/or regional general permit authorization is modified, suspended or revoked. I f, priorto the expiration date identified below, th e nationwide and/or regional general perm it authorization is reissued and/orm odified, this verification will rem a invalid until the expiation date identified be low, provided it complies with allrequirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended,revoked, or is modified, such thatthe activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reha nce upon the nationwide and/orregional general perm it, will rem a in authorized provided the activity is c o m ple to d with in twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary a uthority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subjectto Section 404 (as indicated above) may also require an individual Section 401 Water Quality Cert ific at ion. You should contact the NC Division of Water Resources (telephone 919-807-63 00) to determmeSection 401 requirements. Foractiv ities occurringwithin the twenty coastal counties subject to regulation underthe Coastal Area Management Act (CA MA), priorto beginningwork you must contact the N.C. Division of Coastal Management in Wilmington,NC, at(910)796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Penn it, or the Corps of Engineers regulatory program, please contact Gregory Currey at(910)523-1151oratGregory.E.Currey(ausacc.army.mil. RECEIVED FEB 1 0 1021 MP SECTION DCM - MHD CITY CURREY.GREGOR D191tanysiynedby CURREY.GREGORY.EUGENE.1 Y.EUGENE.10510 051011950 11950 asoooll.02.1016512s Corps Regulatory Official: Date: Februarv10,2021 Expiration Date of Verification: December31.2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 ofthe Clean WaterAct (C WA) (33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action undertheRegulatory Program AdministtativeAppeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to requestan appeal of an approved JD, the appeal mustbe received by the Corps and the appeal process concluded priorto the commencement of any work in waters of the United States and priorto any work that could alterthe hydrology ofwaters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subj ectto the permit requirements of Section 10 ofthe Rivers and Harbors Act (RHA) (3 3 USC § 403) and Section 404 of the Clean WaterAct (CWA) (33 USC § 1344). Unless there is a change in the law or our published regir laflons, this determination maybe relied upon for a period not to exceed fiveyears from the date ofthis notification. 3. ❑ There are waters, including wetlands,with in the above described project area that are subject to the permit requirements of Section 404 of the Clean WaterAct (C WA) (33 USC § 1344). Unless there is a change in the law or ourpublished regulations, this detemt ination maybe relied upon fora period not to exceed five years from the date of this notification. 4. ® Ajurisdictiondetermination was notcompletedwith this request Therefore, this is not an appealable action. However,you may request an approved JD, which is an appealable action, by contactingthe Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Pleasereference the approvedjurisdictionaldeterminationissued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determinationhas been conductedto identify the limits of Corps' Clean WaterAct jurisdiction forthe particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the FoodSecurly Act of 1985. If you oryour tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetlanddetermination from the local office of the Natural Resources Conservation Service, priorto starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulationsat33CFRPart331. Enclosed you will find a Notification ofAppeal Process (NAP) fact sheet and Request forAppeal (RFA) form. Ifyou request to appeal this detenn ination you must submit a completed RFA form to the following address: US Army Corps of Engineers RECEIVED South Atlantic Division Attn: Philip Shannin, Appeal Review Officer FEB 1 0 2021 60 Forsyth Street S W, Room 1 OM 15 Atlanta,Georgia 30303-8801 MP SECTION Phone: (404) 562-5137 DCM - MHD'CITY In order for an RFA to be accepted bythe Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 3 3 CFR part 3 31.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe NAP. Shouldyou decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. signed by CURREY•GREGORY•E CDURREY.GREGORY.EUGENE.1051011 Corps Regulatory Official: UGENE.1051011950 t Date: 2021.02.10 16:52:28 -05'00' Gregory Currey Date of JD: Expiration Date ofJD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.miUcm apex/f?p=136:4:0. Copies fumishedby email: ED FLYNN (F&S MARINE CONTRACTORS, INC.) KatherineElks (NC DCM) Curt Weychert (NC DCM) Robb Mairs (NC DWR) RECEIVED FEB 10 2021 MP SECTION DCM - MHD'CITY Action ID Number: SAW-2020-01917 County: New Hanover County Permittee: William Joyner 526 South Lumina LLC Project Name: 526 WaynickBoulevard/526 South Lumina LLC Date Verification Issued: February 10, 2021 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINE WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED FEB 10 2021 MP SECTION DCM - MHD'CITY •�_. ROY COOPER t 1 Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Otrectrmq Division of Co vial Management October 29, 2020 MEMORANDUM.' FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertCcDNCDEN R.gov SUBJECT CAMA Applicant: 526 South Lumina, LLC Project Location: 526 Waynick Blvd, adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo and floating docks. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by November 21, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 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. 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. UC71,4f AGENCY SIGNATURE DATE RECEIVED State of North CarolinaI Environmental Quality I Coastal Management OCT 2 9 2020 127 Cardinal Drive Ent., Wilmington, NC 28405 9197967215 DCM-MHD CITY 1. 2. 3. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: 526 South Lumina LLC, c/o Ed Flynn LOCATION OF PROJECT SITE: 526 Waynick Boulevard, in Wrightsville Beach, New Hanover County. Latitude: 3401 V 53.65" N, Longitude: 770 48' 13.72" W INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/21/2020 Was Applicant Present — No 5. 6. El PROCESSING PROCEDURE: Application Received — 10/1512020 (initial) 10/20/20 (complete) Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP — Low Density Residential (B) AEC(s) Involved: ES, EW, PT Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — NA (F) Type of Structures: Existing —Wooden bulkhead. Planned — Construct a 6' x 80' fixed pier, 12' x 16' covered platform, 8' x 16' uncovered platform, 8' x 30' floating dock, and 6' x 20' floating dock for a total of 3 slips. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FII 1 Fn 11TNFR (A) Vegetated Wetlands (shading impact) (B) Non -Vegetated Wetlands (Open water) 1,080 ft2 (C) Other — High Ground (D) Total Area Disturbed: 1,080 ft2 (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo, and floating docks. RECEIVED OCT 2 9 2020 DCM-MHD CITY 526 Waynick Blvd, 526 South Lumina LLC Page Two 9. PROJECT DESCRIPTION The project site is located at 526 Waynick Boulevard, on Banks Channel, in the town of Wrightsville Beach, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel east approximately 3.0 miles on Eastwood Rd towards Wrightsville Beach. Cross the drawbridge and immediately after crossing the bridge over Banks Channel take onto Waynick Boulevard. Travel approximately 0.85 miles south and the property is on the right. The property has an existing wooden bulkhead that approximates normal high water (NHW). The existing bulkhead is approximately 110' in length including a 15' return on the southern side. The northern side of the bulkhead ties into the existing bulkhead at the neighboring property. The bulkhead construction was authorized by General Permit No.62618, issued on September 12, 2013. No further permit history was found for this parcel. Elevation at the site is approximately 5' above normal low water (NLW). The high ground portion of the property contains ornamental grasses and landscaping up to the existing bulkhead. Waterward of the bulkhead is a sand beach during low tide. The Town of Wrightsville Beach Land Use Plan classifies the area in the vicinity of the project area as Conservation. The waters in the project area are classified as SB by the N.C. Division of Water Resources. They are not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are closed to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a 3-slip docking facility that includes a fixed pier, fixed platform, gazebo, and floating docks. The proposed new docking facility includes a 6' by 80' fixed pier extending west from the existing bulkhead to a 20' by 16' platform, 12' by 16' of which will be covered with the additional 8' by 16' uncovered portion located waterward. An access ramp extends from the platform to an L-shaped floating dock with an 8' long by 30' wide section running parallel to the shoreline, and a 6' by 20' section extending landward running perpendicular to the shoreline. The waterward edge of the floating dock is approximately 44' landward of the Wrightsville Beach pier headline (sheet 1 of 2). The proposed docking facility will extend approximately 120' waterward of NHW, keeping it within a''/. of the width of the approximately 750' wide water body. No encroachment into the 15' riparian setback is proposed for either adjacent property owner. 10. ANTICIPATED IMPACTS As proposed, the new docking facility would result in the incorporation of approximately 1,080 ftz of Public Trust Area, Estuarine Shoreline, and Estuarine Waters. The project area consists of open water and sandy estuarine shoreline. There would be no impact to vegetated wetlands or to the high ground area. No encroachment of the15' riparian set back is anticipated for the adjacent properties. Additionally, no encroach into the established pierhead line is proposed. There appear to be no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: October 22, 2020 Office: Wilmington RECEIVED OCT 2 9 2020 DCM-MHD CITY F & 5 Marine Contractors, Inc. P.O. Box 868 Wrightsville Beach, N.C. 28480 Phone/Fax : 910-256-3062 6 October 2020 NCDEQ Wilmington, N. C. Capt. Ed Flynn Durwood Sykes Email : efly@msn.com The enclosed CAMA Major Permit application for 526 South Lumina LLC c/o Mr. William Joyner is to install a single family residential pier and dock facility for the applicant's family use. The dock facility will have a pier walkway, covered gazebo, open sundeck and flooting dock with a total of three boat slips and will meet all the required setbacks. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledhe and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED OCT 2 0 2020 DCM WILMINGTONv" `` CEIVED OCT 29 2020 DCM-MHD CITY ICeJ. PV OCT 15 2020 e: F & 5 Marine Contractors, Inc. P.O. Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Phone/Fax : 910-256-3062 6 October 2020 NCDEQ Wilmington, N. C. Durwood Sykes Email : efly@msn.com The enclosed CAMA Major permit application for 526 South Lumina LLC c/o Mr. William Joyner is to install a single family residential pier and dock facility for the applicant's family use. The dock facility will have a pier walkway, covered gazebo, open sundeck and floating dock with total of three boat slips and will meet all of the required setbacks. RECEIVED OCT 15 2020 DCM WILMINGTON, NC Complete Marine Construction Service for Over 42 years RECEIVED OCT 2 9 2020 DCM-MHD CITY DCM IIP-1 APPLICATION for Major Deoelopmotpermit (last revised 1Z27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name Project Name (if applicable) Applirantt: First Name r SdbSol,na�u.,i,rrUC Vo G/tll!J1� l >rztrt Last Name Applicant2 First Name tml Last Name If additional applicants, pkase attach an additional page(s) wkh names listed. Mailing Address o te 0i., tpri fl PO Box Ci 3#41;1= State ZIP Z9xJ Country 14 ,p. Phone No 9DY -d —0 -77 W? ext. FAX No. StreetAddress(Adlferentfrom above) City State ZIP Email 2 Agent(Conttactorinformation Business Name r TEO- " Agent/ Contractor l: First Name c� Ml Last Name �1 Nil Agent/ Contractor 2: First Name MI Last Name Mailing Address PO eso Wi`Ll.wwlk State 1, ZIP r/ Y �� Phone PPhhL)oneNo.`1, ll D a76 -Tu) exL Phone No. 2 _ _ ext. FAX No. Contrador# Street Address(irdAferent from above) City state R ZIP CEWED Email L/�7 p� el t e %[sll. GIB 1 <Form continues on back> RECEIVED 252-808-2808 :; 1-888.4RCOAST :: www.neeoastalmanagement.net OCT 29 020 DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County(canb multiple) Street Address State Rd.# �`w oaks 57a6 GJ atcat `►10, Subdivision Name city 6/Iojk State N L Zip 2606 Phone No. lot No.(s) (rlmany, attach addrdonalpage with fist) 4lv N 5ob)- ext.(46uhr� 5A ,wit/90 a. In which NC riverbasin is the project located? Knfln_ b. Name of body of water nearestto proposed project Skii-4Cd(#nXt l c. Is pfewater body identified in(b) above, natural or manmade? d. Name the closest majorwaterbodyto the proposed project site. Natural OManmade DUnknown '/ )7 C a.� e. Is oposed workwithin city limits or planning j uri sdiclion? f.Iftapplicable, listthe planning jurisdiction or city limit theproposed es ❑No 'work fall swithin. /�fi M 6NT.�U� �crY�Ci/ /�(, �• 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract( A) 68,061 /,;14J s 1A c. Size of individual lots) �I , 1k, d. Approximate elevation of tract above NHW(normalhgh water) or NWL (normal waterlevell) I (ltmany lot saes, please attach additional page with a list) ElNHW or k/NW Lt s e. Vegetation on tract +! gV f. Man-made features and uses nowon tract t kil� �it=sty�+4 g. Identityand describe/the existing land uses adiaoent to the proposed project site. �,C.'�i���1►1 h. How does local government zone the tract? L Is th roposed p roject consistentwith the applicable zoning? (A h zoningcomplgncecertifi cate,if ap 'cable) as ❑No DNA j. Is the pro posed activity part of an urban waterfront red evelopment p roposal? ❑Yes o k. Hasa professional archaeologicalassessmant been done forthe tract? If yes, attach a copy. ❑Yes o DNA If yes, by whom? 1. Is the p ro posed p reject located i n a National Registered Historic District or does it involve a ❑Yes VNo ❑NA National Register listed or eligible property? Q <Form continues on next page> DCM WILMINGTCN, NC OCT IACEIVED 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement. nQU 29 DCM-MHD CITY FormOCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit an. (i) Aretherewetlandsonthesile? Dyes N (ii) Are there coastal wetlands on the site? ❑Yes + No (iii) If yes to either(i)or(ii)above, hasadelineation been conducted? Dyes ❑Nu (Attach documentation, if available) n. Describe existing wastewater treatment facilities. C. t-114 Si'flt�(�L o. Descri be existing drinking water supply source. n >A/my, p. Describ existingsto water mana3ementortreatmentsyalem9. 5. Activities and Impacts a. Will the project be for commercial, public, or p dvale use? ❑ ommercial ❑Public/Government Private/6natar0»y. b. Give a brief description of purpose,use, and dailyoperations of the projectwhen complete. c. Describe the proposed construction methodology, types ofconstruction eq uipment to be used during construction, then umber of each type of eq uip ment and where it is to be stored. 00MIA& 4A)Akimug Z b� srUn sift, d. Ust all developmentactivitiesyou propose. f145 P (SI gS�Ls 11 4/ow /' 4&13# 344 vA A*# r/00774 J i. e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total d isturbed land area resulting from the proposed project? ❑Sq.Ft or❑Acres g Will the proposed project that the public has established encroach on any public easement, public accessway orother area ❑Yes UNo use of? DNA h. Describe locationand type of existing and proposed discharges to waters of thestarte. ./ I �OW i. Will wastewateror stormwaler bed isrharged into a wetland? ❑Yes VNo DNA If yes, will this discharged water be of the same salinityas the receiving water? ❑Yes ❑ DNA j. Is there any mitigation proposed? Dyes K7No DNA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DCM WILMING�gb�rED OCT 15 2020 0 252-808.2808 :: 1-888-4Rt, =T :: www. nceeastal management. net DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Perm it 6. Additional Information In addition to this completed application form, (MP-1) the following items below, it applicable, mustbe submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on howto property prepare the required items below. a. A project narrative- b. An accurate, dated work plat (including plan viewand cross�tionald rawings)drawn to scale. Please give the presentstatusof the proposedproject Is any podjonalreadycompfete? If previously authorized work, clearly indicate on maps, plats, drawingsto distinguish between work completed and proposed. c. A site or location map that is sufficientlyd etalled to guide agency personnel unfamiliar with the area to the site- d. Acopy ofthe deed(wilh state ap plication only) orotherinstrunent underwhich the applicant claims title to the affected p roperfies. e. The appropriate application fee. Checker money order made payable to DENR. f. A list ofthenames and complete addressesoftheadjacentwaterfmnt(riparian) landowners andsigned return receipts asp roof that such owners have received a copyof the application and plats by certified mail. Such landownersmust be advised that they have 30 days in which to submit comments on the proposed project to theDivaion of Coastal Management. Name 25*r117W Phone No. Address )906 we Lyilsti�6", W. 2iA% Name r}J eua ( imi,. Phone No. Address �SZ� ir/r{x�/A!!iL �fIJJ,� if%kbft75wU6%%*�t(I /�L Z��d� Name k J Phone No. Address g. A list of p revious state or federal permits i ssued forwork on the project tract. Include pamitnumbers, pennittee, and issuing dates. h. Signed consultant orag ant authorization forth, if applicable. i. Weiland delineation, if necessary. j. A signed AEC hazard noticefor pmjectsm oceanfront and inlet areas. (Must be slgrredbyproperty owner) k. A statementof compliance with the N.C.Env! mnmental Po licyAct(N.C.G.S.113A1-10),ifnecessary. Ifthe project involves expenditure of public funds oruse of p ubfic lands, attach a statement docunentingeompl tense with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I I understand thatany permit issued in response to this application will allow only the developmentdescribed in the application. The projectwill be subjectto 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 ce rtify that the information provided in this application is truthful to the best of my knowledge. y�,,t Date 6 iOLlf/, -x ?t9 Print Name rd ��hyN,, 6;; Signature f z ` Please indicate application attachments pertaining to yourproposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts R E C E iVED •O CM MP-3 Upland Development DCM WILMINGTON, NC DCM MP-4 Structures Information OCT 15 2020 RECEIVED 252�808-2808 :: 1-888-4RcoAST :: www.nccoastalmaeagement.rallT 29 2020 0CW-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Penn it, Form DCM MP-1. Be sure to complete all othersectionsof the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑ This section not applicable a. (i) Is the docking facilityimarina b. (i)Willthefaacc ity be open to the general public? ❑Commercial ❑Public/Government lPrivateAGemRmdy ❑Yes 90 c. (i) Dock(s)and/or iem(s) 4Yes p d. (i) Are Fing er Piers included? ❑No (ii) Number L tf yes: (ii)Length T (it)Number (iv)Width Floating [J]YesdNo (iii)Length ,IT— ft—%4 (v) (iv)Width (v)Floating Yes ❑No 1 a. (I) Are Platforms included? Ild Yes ❑No f. (I) Are Boatlifts included? ❑Yes �7No If yes: If yes: (b)Number (it)Number (iii)Length _ (iii)Length (iv)Width X— r (iv)Width _ (v)Floating ❑Yes o Note: Roofed areas are calculated from dripline dimensions. g. (I) Number of slips proposed h. Check all the types of sermossto be provided. 3 ❑ Full service, including travel lift andlor rail, repai ror (ii) Number of slips existing main tenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet sliW)only, n umber ofshps: ❑ Dry storage; numberof boats: Voat ramp(s); n umber of boat ramps: Ocher, pleasedescrihe: IYAW i. Check the proposed type of sting: j. Describe the typical boats to be served e. typ ( g.,open runabout, ❑ Land cutand accesschannel Vpen water; dredging for basin and/or channel Charter boats, sail boats, mixed types). O/1_`1l �sihpljpgli Open water; n o d redgi ng req uired / ❑ Other; Please describe: y�l RECEivEro k. Typical boat length: l I. (i)Will thefaci11 be opeMM M��'PO ❑Yes o N, NC m. (i)Willthef ilityhave tie pilings? OCT 15 2020 ❑Yes Ij/No (it) Ifyes number of tie pilings? RECEIVED ocl 29?ngn 252-808-2808 :: 1-888.4RCOAST :: www.necoastalmanaaement.net revised: 12127106 DCM-MHD CITY Form DCM MP-4 (structu ez, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ` I%r YThis section not applicable a. Check each oftha follow ng sandaryfaclitiea thatwill be included intheproposed project. ❑ Office Toilets ❑ Toiletsfor patrons; Number: _; Location: D Showers ❑ Boathokling tank pumpout; Give type and location b. Describe treatmenttype and disposallocation toralI sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How wil l overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signsproposed. 'it) Give the location and numberof"Pumpout Available" signs proposed. f. Describe the special design, if applicable, forcontaining industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where willresiduefromvessel maintenance be disposed of? h. Give the number of channel markers and"No Wake"signs proposed. L Give the locationoffuel-handlingfacilities, and describe the safety measures planned to protect area water q uality. j. Whatwill bathe madnspolcyon overnight and liveaboard dockage? k. Describe design measures that p romote boat basin flushing? I. If this projectis an expansion ofan existingmarina, wh attypes of servicesare currentlyprovided? RECE?VFC m. Is the marm a1docking facility proposed within a primary or secondary nursery area? OCT 1 54Lr`l'iEIVED ❑ Yes 0 No 252-SO8-2808 :: 1.888-4RCOAST:: www.nccoastalmanaaemmrt.net revised: 12t27106 17CM-MHD CITY Forth DCNI MP-4 (Structures, Page 3 of 4) n. Is the mar! na/doddng facility proposed wihin oradjacent to any shellfish h arvesting area? ❑Yes ❑No o. Is the marin aid ocking facility proposed within o radjacent to coastal wellands/marsh (CW), submerged aq uatic veg elation (SAV), shell bottom (SB). or other wetlands(WL)? If any boxes are checked, provide then umber ofsquare feet affected. ❑CW ❑SAV ❑SB OWL ❑None p. Is the pro posed marinaidocking facility leafed within or within close p roximityto any s h ellfish leases? ❑Yes ❑No If yes, give the n ameand addressofthe leaseholder(s), and give the proxinityto the lease. 3.BOATHOUSE(inciudingcoveredlifts) y l/i pThissection not applicablel a. (i) Is the boathouse strurture(s): ❑Commercial OPublic/Government ❑Private/Community (it) Number - (lit) Length (!v) Wldth Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheeilove, etc. ff a rock groin, use MP-2, Excavation and Fill.)' I IT Id This section not applicable a. (i) Number _ (ii)Lengti _ (ii!) Width 15. BREAKWATER (e.g- wood, sheetpile, etc.) . / /T bfthis section not applicable a Length _ c. Maximum distance beyond NHW, NWL orwetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑Public/Government OPrivate/Community C. Distance tobe placed beyond shoreline Note: This shouldbe measured from marsh edge, i1 present. e. Arcoftheswing _ 7. GENERAL o. Averagedistancefrom NHW,NWL,orwetlands This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIV L7 DCM WILMINGTON, NC OCT 1 5 2020 DECEIVED 2524MB-28M n 1-888-4RGOAST:: www.nccoastatmananementAet OCM-MHD CITY I+orm DCM MP-4 (Structures, Page 4 of 4+ a. Proximity of structure(s) to adjacent riparian property lines �- / Sy Note: Forbuoy or mooring pirvg, use arc ofswing including length ofvessel. c. Width of water body — fi 7Sb` e. (i) Willnavig onal aidsbe required as a resultof the project? ❑Yes No DNA (it) If yes, explain what type and how th eywill be implemented. b. Proximity ofstructure(s) to adjacent docla ng facilities. f 7a/ d. Water depth at watenv,,ard end ofstructumatNLW orNWL --?1NL 8, OTHER ❑ This secdonnotapplicable a. Give complete description: � x3v �� � 1v �aa ► d� 1a-� '� � � 3 ox{5� s Ao1�- )11?0 Date Project Name 15- 6e F14 N (ems-►c) Ap i nt Name Applicant Sig6ure RECEIVED DCM WILMINGTON, NC OCT 1 5 2020 ':RECEIVED 752-808-2808:: 1-888.4RCOAST :: www.necoastaimametement.net revised: 12127108 0CM-MHD CITY ROY COOPER Cwaw MICHAEL S. REGAN Secretary BRAXTON C. DAVIs D6 r Ed Flynn P.O. Box 16275 Wilmington, NC 28406 Dear Mr. Flynn: NORTH CAROLINA Environmental Qvaaly October 22, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for 526 South Lumina LLC c/o William Joyner, for State approval for development of the subject property located at 526 Waynick Boulevard, adjacent to Banks Channel, in Wrightsville Beach, in New Hanover County. It was received as complete on October 20, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 3, 2021. 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 October 20, 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 designerlconsuftant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. i Eerel , S" 0� Katharine Elks ( /[ Field Representative cc: Curt Weychert, DCM Tony Wilson, Town of Wrightsville Beach USACE Robb Mairs, DWR Linda Painter, LPO 526 South Lumina LLC c/o William Joyner, Applicant D�EQ� RECEIVED North Carolina Department orEnvhonmentw Q/Wiry I n1oL. or Coastal Management OCT 2 9 2020 Wilmington Office 1127 Cardinal Drive ExteWw I Wilmington North Carolina 28405 DCM-MHD CITY \T01'1'ICI: CAMA PERMIT APPLIE FOR licant proposes to construct a three ( 3 evv DMMENTS ACCEPTED THROUGH _November27, 20201wmiiiiiiiIIio CANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW S Lumina, LLC William Joyner NC DIV. of Coastal MaluggEEM-mraw" Forest 127 Cardinal Dr. Ext. rlette ,NC 38Z11 NC 2840.3 nt: F 9, S Marine Contractors Inc. ' 'tea E�° Flyn - (g0) 2 A-3062 N JI O 0 NORTH CAROLMA bn.... lia4'Na] Uiialim October 28, 2020 Advertising@starfrewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • 526 South Lumina, LLC / New Hanover County ROY COOPER cavemor MICHAEL S. REGAN SecMian BRAXTON DAVIS /Nnclor. avialan of0maial MonaRemeni Hello Angie: Please publish the attached Notice in the Saturday, October 31, 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. LQCerely,cy, tila Permitting Support & Customer Assistance cc: MHC file Curt Weychert - WiRO USACE RECEIVED Smtc ofNo„h Carolina I Envlroomemal Quality l Co ml Mmagement 2ULU 127 Cardinal Dove E#., Wilmington, NC 28405 919 796 7215 OCT 2 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 October 22, 2020, 526 South Lumina, LLC proposed to install a private three (3) slip docking facility at 526 Waynick Blvd, adjacent to Banks Channel, Wrightsville Beach in New Hanover County. A copy of the application can be examined or copied at the office of Katharine Elks, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) 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 November 21, 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. RECEIVED OCT 2 9 2020 oCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Sd 6 SU4Tl�d Lkwtµgt G !� �%liliif►� Mailing Address: ��D� '11> 0&1P6 De (,llnwlov-&r Ac, 2,92ll Phone Number: 7D t Email Address: it) o ynek g ne-, am I certify that I have authorized git of Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all all C�A1M{A' permits necessary for the following proposed development: //_17 �eh/ J� �5)Y)Y 1 furthenrnore certify that 1 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 �lbh permit application. Property Owner Information: Signature �lYGlirin►J�hnr9+� PAW or Type Name l9W V1Kty Title �I 1-at Date RECEIVED Q OCT 15 2U0 This certification is valid through � DCM WILMINGTON, NC ECEIVED OCT 2 9 2020 DCM-MH❑ CITV d■ Complete items 1, 2, and 3. �t ■ Print your name and address on the reverse C 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. �. Anrtiide <AddressseedtoWOO o r,✓�1+��brniJ l��C. 2�3l�01 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o 0 9590 9402 5070 9092 9295 05 ea7020 1810 0001 1096 8213 PS Form July 2015 PEN 7530-02-000-9053 ■ Complete items 1, 2, and 3. A ■ Print your name and address on the reverse so that we can return the card to you. X III Attach this card to the back of the mailpiece, B. or on the front if space permits. 1. Article Adtlressnn m• /10.6X4VA 4 ,.j�I 5o�7i � l�] AAA V kou u/xcr 'X704 A� za v IIIIIIIIIN111lllllll Illl iIII111111lllllll 9590 9402 5070 9092 9294 99 2 7020 1810 0001 1096 8220 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Sign u X ❑ Agent o ❑ Addressee la V. Rewivfif by (Printed Name) I C. Date of De1W. 0 arnemtlelKtlNJSCh4s5 tdeld071,) ❑ No OCT 2 3 2020 Nice Type ❑ pderlty Mall Express® ❑ ultS nature ult S ereture Restricted Delivery ❑ Registered Mell Restrlcted Cerafled Mall® Delivery ❑ CerUW Mall Resftl t Delivery ❑ ReWrn Recelpt for ❑ Collect on Delivery Me wdlae Act on Delivery Restdd Delivery ❑ SlgneWn Conflnnatun`m red Mail ❑ Signature Conflrmidon red Mail Reatrlcted Delivery Reatr W Defbery (over i`agDi Domestic Return Receipt �l ❑ A OE r C. Date of IN" U ll7/lal )� o D. Is deNvery ad6ess d'ryereM gom' 0 If YES, �❑ No �flGe•49-trelow. DCM WILMINGTON, NC OCT 2 3 2020 /( utt SignaWra ❑ Mall Egxoye® 491MWt3gnatu Reek Del Certlged Melt® vary R. OReglstaedMaIITM O teretl Mai ReaMctetli ❑ Cargged Melt ResMcted DOlvery Ilea w Delivery ❑ Retum Reel tfp Iect on Delivery RestduYed Dsevxy Merchandimp ❑ Slgnetvre ConfvrtetbnTM -.evleE Mal ❑ Insured Meif Rest6i e ! Delivery ❑Sfgrrelure Conflnnatkn Restricted Dellvery (overi500) Domestic Return Receipt O V r V O � 7 � to c a o v U- d C I L H d 0) 0 S F o) Y � 0m z U L o) a - - _-v „� _ _:4:r� !.$17 i )1: !"�.$VN'v'4;1 `a).• _ _ '. ^.OiJ:. _ ((J//� CiE :'.'.`I 'm A5 C.V'".lA A ff) BY CO',.vn'Uf7:R.- I! (dBY5 Kc"\lLli5?LOTiMfROM 7 C7 W=c =RUA:ru!\.ACCQZDANC4XH 1YE5TANDAM5OF , r5ti CA.�+NA` ;_ i RCAC 56.16D4); WNNE55 MY ORIGINAL SIGNATUP.E, b;W, DAYO, ALGJ5T A.D. 2020- BANKS CHANNEL 3 � SaGs� u.U4#llc `. SaG w)�nuA.f�lua T E513 P`°°D ' LOCATION MAP NOT TO 5OALE mm )NE 05b'wmvrl 5URVEY REFERENCE PIERHEAD LINE-- — N32.55'O7-E 17=0 DOOR 5014 PAGE 1617 1 52G!' T�-------------------- j I I J suPl I I = fi i7�L m) Suf+ it S4E I i 1 ml J g�f(3 1 i PIER I I,� 1 RAMP GAZE50 wt NOTE: At 1.0T 15 LOCATED i IN ZONES5 At (I I f 12) AS PER iD Of n CURBING N Sze m�"►i. iANt='i uT %Z'xl� LI� J) z1 ? i M35 108°E 8 5' i MAP # 3720316600 K COMMUNITY 10 5 3753G I N I( DATED: AUGU5T 28, 2018 � O O n NORMAL HIGH PIER WATER 15 AT FACE OF 3041 04°E WOODEN BULKHEAD 7.40 ,I 2,757 5Q. FT. OX 3 AG± ----------tn N32°45-32°E I _ v N N "U4'S4't+ — ZONE AE (I 2) — — 7.4.48' J _ ----- -------'— ZONE AE(II) S59°06'S2°E 22.19' _ — — I W N:io (V MI10 _ OCn EE _ DCM WILMINGTONDNC �i N33013'234E 57.35' I OCT 15 2020 Sacs 6 ULl — — �� T — �� will�rn�, Jo a 9,504 SQ. FT. Ln 1 j l a o.2lbAc. o SzyrJ��uh T��l N/f 5M RECEIV UPLAND IMPROVEMENT5 w 23 DPG G09G `�" Ll� NOT 5HOWN �, OCT 2 9 02 `-3' Ui ACM-MHD clrY Sd6UC to Gllt�tm„ Jnya�n Sd6 Wir�n►c!i �l yo. Idni'A& 5cDA 0/ad ® N O r � �If F$S Marine Contractors, Inc. Complete Manna Construction Services For Over 45 years! N 1 CAPT. ED FLYNN DURWOOD SYKES 10 Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 2563062 Wrightsville Beach, NO 28480 email: eily®msn.com U Z LU 0 o > � N ` ? Lo Y.1 rl U ul o U O Va IMP1110111 EDR RE16 GIS"'"'0" REGISTER OF DEEDS NEY�HgNOVERTHE"SGCOUVTyLENC 03 15 BX 32 58114 PGC1617 1626 FEE $26 00 INSTRVEW # 201401226E SPECIAL WARRANTY DEED Prepared by MURCHISON, TAYLOR & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 THE PREPARER DRAFTED THE DEED IN THIS TRANSACTION BUT NO TITLE SEARCH WAS REQUESTED AND NO TITLE SEARCH HAS BEEN PERFORMED THE PREPARER EXPRESSES NO OPINION ON TITLE TO THE PROPERTY OR THE ACCURACY OF THE LEGAL DESCRIPTION ALL OR A PORTION OF THE PROPERTY I IEREIN DESCRIBED ` INCLUDES OR X DOES NOT INCLUDE THE PRIMARY RESIDENCE OF GRANTOR STATE OF NORTH CAROLINA Parcel ID 4 R06315-006-017-000 COUNTY OF NEW HANOVER Revenue Stamps: $ -0- THIS SPECIAL WARRANTY DEED is made to be effective as of the I V"* day of M 2014 by and between WILLIAM H. JOYNER, II1, and wife JENNIFER GOOD IN JOYNER, ELIZABETH J. PARKER and husband, PAUL C. PARKER, and MILDRED JOYNER LONG and husband J. PATRICK LONG, whose address is c/o Elizabeth J. Parker, 2609 Munosa Place, Wilmington, NC 28403, (referred to herein as "GRANTOR'), and 526 SOUTH LUMINA, LLC, a North Carolina limited liability company (referred to herein as "GRANTEE"), whose address is 2101 Forest Drive East, Charlotte, NC 28211. The designation GRANTOR and GRANTEE as used herein includes said parties, their heirs, successors and assigns, and, as the context requires, words in the singular number include the plural and vice versa and genders are interchangeable. WITNESSETH THAT GRANTOR, for and in consideration of the sum of Ten Dollars ($10 00) and for other good and valuable consideration in hand paid by GRANTEE, the receipt of which is hereby acknowledged, has bargained and conveyed, and by these presents does hereby bargain, grant and convey unto GRANTEE, its successors and assigns forever all of GRANTOR'S right, title and interest in and to that certain real property located in New Hanover Cotu(tyt,4A AWWb, and RETURN TO 1 zawa DCM WILMINGTON, NUgECEIVED OCT 1 5 2020 OCT 2 9 2020 DCM-MHD CITY more particularly described on Exlubit A attached hereto and incorporated herem by reference (the "prop This conveyance p made and accepted subject to all matters of record (including, without limitation, all easements; liens, encumbrances, rights of way and restrictions of record), all governmental land use: statutes„ ordinances and regulations, mcludmg zoning, subdivision and building regulations and ad valorem taxes for the.current and subsegiientyears TO HAVE AND TO HOLD ;the Property, together with all and singular, the rights, pnvileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto GRANTEE; its successor's andassigns, in fee simple, forever AND GRANTOR, for GRANTOR and GRANTOR's heirs, successors and assigns, does covenant to and with GRANTEE.i. its successors and assigns,' that GRANTO.R'has done nothing to impair such title to the Property as GRANTOR received,.and GRANTOR will warrant and defend title to same against the ' lawful claims of all persons 'claiming by, under or through GRANTOR (except for the preceding exceptions) GRANTOR WILLIAM H. JOYNER, M's =wife,- JENNIFER GOODWIN JOYNER, hereby joins in the execution of this deed 'soiely for the purpose of releasing her marital. interest in the .premises -and therefore makes no warranty,..express' or implied; respecting title to the premises GRANTOR ELIZABETft J. PARKEWs.husband, PAUL C. PARKER,,-hereby,1oms in the execution of this deed,solely for the purpose of releasing his -marital. interest in the premises and theiefore'makesmo warranty, express or ipphed,;respectmg title to the premises GRANTOR MILDRED JOYNER LONG?s husband, J. PATRICKtLONG, hereby Louis in the execution of this deed solely for the purpose of releasing 'his marital 'interest' in, the premises and therefore makes no warranty, express or implied, respecting title. o the premises IT [SEPARATE SIGNATURE PAGES FOLLOW] RECEIVEE) dCM WILMINGTON, NC OCT 15 2020 120460 2, IN TESTIMONY WHEREOF, GRANTOR has hereunto set his hand as of the day and year fast above written r r�r (SEAL) William H. Joyner, III STATE OF NORTH CAROLINA COUNTY OF Mf-C,k Le IA I? t A (Corny wLae eck wiedgnaiN") I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above. William H Jovner. III Date Official Signature of Notary. [As aunt appeue on seal] �� )) Printed Name of Notary Su Sgn�dd Nnp~a4 [As nane appeV on sea]] A % My commission expires !! a— r 7 (SIGNATURE PAGES CONTINUE RECEIVED DCM WILMINGTON, NC OCT 2 9 2020 OCT 1 5 2020 0CM-MI-11) CITY I M460 IN: TESTIMONY WHEREOF, GRANTOR has hereunto set her,hwid as of the day and year, first above wntten STATE OFNORTH CAROLINA CObNTY OF _%i CSlit4 ho [�� (comdywamuimna�ledgmt eu)'. certify that the following, Persons) personally appeared before me this day, each aclmoI edg�ngto me tbathe or she vohtiitaply signed the foregoing document for the putposes statedthem and m the eapaco(ies) mdicated above. Jennifer Goodwin iovner. Date. ,2D,60 Official Signature ofNotary /� [As awe appem onseal] Prmted Name of Notary: q A - 7OcbR [As name appears on s4 Mycommvsstonwgmw _ IP-A=157 [SIGNATURE PAGES CONTINUE] RECEIVED DCM WILMINGTON, NC OCT 1 5 2020 IN TESTIMONY WHEREOF, GRANTOR has hereunto set her hand as of the day and year first above written J. 1 aAC'V (SEAL) Elizabeth J. Parker STATE OF NORTH CAROLINA COUNTY OF NG W I move r (County where acknowledgment taken) 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(aes) indicated above Elizabeth J. Parker. Date I 1 Official Signature of No �Y`(11ptrj [As name appears on seal] Printed Name of Notary. 2Wdk)cj t V . 14(0 5 [As name appears on seal] My commission expires. NOV • 1 1201-1 _ [PLACE OFFICIAL SEAL HERE]�r++�" y'�►� �pTAilpr y AV81A i`' w0PE0 Cad [SIGNATURE PAGES CONTINUE] RECEIVED DCM WILMINGTON, NC OCT 1 5 2020RECEIVED I20460 O C T 29 2020 DCM-IMHD CITY IN .TESTP40NY WHEREOF, GRANTOR has hereunto set her hand as of the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF AAIJMAOi (CmM whet ach#wkedg=dtakm) I certify that -the following persons) personally appeared.. before me this day, each acknowledging to me that he or she voluntaiily signedthe foregoing document for the purposes stateWtherein and in the oapacity(ies) indicated above: Nfildred7mg .Date. Official Signature of Notary: /0'Owl �� Printed ,NamcofNotary'j&!9jce. H•111�_ ��. g1CA /jA.,i� LAp nmpeWe=onseal] !G9 = •o •, My commission expires: a[fix` U [SIGNATURE PAGES CONTINUE] RECEIV=D DCM WILMINGTON, NC OCT 15 2020 IN TESTIMONY WHEREOF, GRANTOR has hereunto set his hand as of the day and year first above written. /--_,--- �4 SEAL Falil C. Parker STATE OF NORTH CAROLINA COUNTY OF Wt40 v 'F e (County where acknowledgment taken) 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above. Paul C. Parker. Date S�1J 14 Official Signature of Notar -w4 lLAL49 [As name appears on seal] Printed Name of Notary AvwtandaK• 1.AItU/S [As name appears on seal] My commission expires Nov - -7 , -ACPl-1 [PLACE OFFICIAL SEAL HERE] Natq,�` AGBLIC [SIGNATURE PAGES CONTINUE] RECEIVED DCM WILMINGTON, NC OCT 1 5 2020 RECEIVED 120460 OCT 2 9 2020 DCk4-MHD CI-rY IN TESTIMONY WHEREOF, GRANTOR has hereunto set his hand as of the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF (County white wledgnt taken) t certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above: J. Patrick Long. Date: -5-1 Z- J� `%t1%1111111/, [Pjv�kCE ` O SEA L Hpkj�BL, :7 0 r� 0 i i t' �\-s' 120460 Official Signature of Notary: Printed Name of Notary: My commission expires: appo "on wall RECEIVED DCM WILMINGTON, NC OCT 1 5 2020 120460 Exhibit A DESCRIPTION OF PROPERTY BEGINNING at an Iron pipe in the Western right of way line of South Lumina Avenue (50 0 feet right of way), said point being North 54 degrees 00 minutes West 11.2 feet from where an old upright cross -tie once stood (as shown on a map prepared by J.L. Becton, C.E , titled "Survey on Wrightsville Beach for the Town and Others" in May, 1937) said old cross -tie being 13 8 feet from the centerline of the old Tide Water Power Company's tracks, said cross -tie being South 34 degrees 48 minutes West 533.3 feet from an old stone marked "Sprunt" in the southern line of Bridgers Street, running thence from said beginning point, North 54 degrees 00 minutes West, passing through iron pipes in the eastern and western right of lines of Waynick Boulevard (U S, Highway 76) (60.0 feet right of way) and at the approximate high water line of Banks Channel, 325 feet, more or less, to the low water line of said Banks Channel; running thence along the low water line of said Banks Channel South 34 degrees 48 minutes West 88 feet to a point, running thence South 54 degrees 00 minutes East, passing through an iron pipe at the approximate high water line of said Banks Channel, to an iron pipe in the Western nght of way line of aforementioned Waynick Boulevard, running thence, crossing said Waynick Boulevard, South 54 degrees 40 minutes East 60.83 feet to an old concrete monument in the eastern right of way line of said Waynick Boulevard; running thence South 53 degrees 43 minutes East 102.17 feet to an old concrete monument in the Western right of way line of aforementioned South Lumina Avenue (50.0 feet right of way); running thence, along the Western right of way line of said South Lumina Avenue, North 34 degrees 33 minutes East 87.9 feet to the point of BEGINNING, the same being a part of that certain parcel of land conveyed to Peter B Ruffin and wife, Virginia B Ruffin, by deed recorded in the New Hanover County Registry in Book 390 at Page 257, and also being the same property conveyed to Don H. Lamm and wife, Jame S Lamm, by deed recorded in the New Hanover County Registry in Book 1058 at Page 377. Subject to the right of way of Waynick Boulevard (U S Highway 76) Being the same property desenbed in a deed dated April 5, 2002 and recorded in the New Hanover County Registry in Book 3259 at Page 418 to William H Joyner, Jr. and Georgia Cobb Joyner, as Trustees under a trust agreement between the said William H Joyner, Jr, as grantor, and the said William H Joyner, Jr and Georgia Cobb Joyner as Trustees, dated March 22, 2002, which trust agreement is recorded in the New Hanover County Registry in Book 3259 at Page 395. R,__CCIVEL., DCM WILMINGTON, NO OCT 1 5 2020 RECEIVED OCT 2 9 2020 )CM-MHD CITY TAMMY THEUSCH BEASLEY REGISTER OF DEEDS; NEW HANOVER 216 NORTHSECOND STREET WILMINGTON, NC-284011 Filed For Registration: 05hW201403A5:32PM - ,Book: RE '5814 Page: 1617-1626 Document No.: - -264012265 -10'PGS $26,00, Recorder. CRtSWELL, ANDREA State of North Carolina, County of Now Hanover i PLEASE,RETAIN YELLOW LOW TRAILER PAGE WITKORIGINAL DOCUMENT. RECEIVED DCMCT 1i5 2020" , NC *'201401,2265* 2014012266 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Banks Channel / Fee: $250 #8886 J CDAITS __ MHC cc Applicant 526 South Lumina LLC c/o Wiliam Joyner Agerd/Conbactor. F d SMarine Contractors, (nc / Ed Flynn Project Site County: New Hanover Staff: Katharine Elks Disbict: INllmington Project Name: 526 Waynick Boulevard Rover File: n/a River Basin: White Oak Initial date of application submittal: 10-15.202U Date application 'received as compleM' in the Field office: 10 TV 7A QITF DF1U'RIPT10N/PERMIT iNFORMATION ORW Yes o PNA: ❑Yes No Photos Taken: Yes No Setback Required (riparian): 1gYes No Critical Habitat: LiYes NNo ❑Not Sure 15 foot waiver obtained: LJYesKNO Hazard Notification Returned: ❑Yes KNo SAV: ❑Yes XNq []Not Sure Shell Bottom: ❑Yes Pallo ❑ Not Temporary Impacts: Yes jpQNo Sure Sandbags: []yes o Not Sure Did the land use classification come from county LUP: ❑Yes ONO Mitigation squired (optional): ❑Yes DR40 Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes �No ❑NA ❑Yes ❑No ❑NA FT Shellfish ation: Project Description: (code) Development Area: (code) � I v ✓ Y . Open - Closed 0 SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomis sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) c Y nosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bulimsh or three square (Sdrpus (TY) Cattail (Typha sp.) spiieata) sp ) ❑ (JR) Black needlerush (Juncos (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.110 Il(A) Private w/ F up to 1 acre; 34g0 Priv. public or m$4� &F to 1 can be applied — $250 acre;4144 can't be appliIIIeD) d d ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - II. Public or commerciaVno dredge RECEIVED $100 and/or fill-$400 Private no dredge and/or fill - $250 III(C) Pnvpublic or comm w /D&F to 1 . acre; 4144 ran be applied; DCM needs OCT E 9 2020 DWQ agreement - $400 vvnr-rvir-Iti t I I i 526 South Lumina LLC C/o William Joyner Date: 10-15.20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 New Work Maint ❑ Replace ❑ Y N 1 G New Work Maint ❑ Replace ❑ Y JQN t 1 New Work Maint ❑ Repiace ❑ Y JQN IW// L 1 M� ❑m ❑ YReplace CKN 1 1 New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [:IN New Work 0 Replace Maim ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feat (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact � -t� temp 1 im acts impactaamolunt tempimpacts) amount OJ • " Dredge Fill ❑ Both Other [I[I( l ��U I Q d-'V Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED OCT 2 8 2020 919-7312293 :: 1-889dRCOAST :: www.neooastatmanawament.net revise : 02126Ns Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/21/2020 F and S Marine William Joyner PNCBank S886 $250.00 Major fee, 526 S Lumina Ave, KE rct. Contractors Inc. Wrightsville Beach NHCO NO 12403 Split Major Permit Fee Schedule Project Name: 5AU S WvVuv,aw c(o County: ri tK— Check No & Amount: V4 jal, ikessU -t7.sc)-- DCM % DWQ % Development Type Fee 300 0143510009316256253) (2430016024351000952341) I. Pnvate, non-commercial developmj that does not involve the filling o$ 100% ($250) 0°/a (so) excavation of any wetlands or open water areas: II. Public or commercial develo men$does 100% ($400) 0% (o) not involve the filling or excav00 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). Pnvate, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: lil(B). Public or commercial development, if General Water Quality Certification $400 100% ($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: MID)_ If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling $475 60% ($285) 40% ($190 ) and/or excavation of more than one acre of wetlands and/or open water areas: 'RECEIVIEF XT 2 9 ZUZU DCM Coordinator: Curt Weychert County: '-�rVtlp Permit #: WIROO E-MAIL DISTRIBUTION SHEET Circle oneLft Repo I Permit for: J/� 1l?lei' ✓ �Oversize P DCM Offices: Morehead City: PT (if oversize) via Couri ir I� 'cc Curt & Amanda on group email wl bo arr.app.drawings, deed, comment sheet 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy ­01— ONLY USACE & DWR (wro)- Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington:=re er & Carteret Co): PN, CL, Reports, Split Sheet — use both REG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: �Kobb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ pidac_A01 (PN/ON): PN, CL, Reports, Split Sheet Div of Water Resources: 2 eri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_ Marine Fisheries: n (un ' fu w/ o + Kim H, DCM Planner/WiRO: kike Christenbury — ✓Renee Gledhill -Earley Environmentat.Review0-ncdenrgov— Cultural Resources: Natural Heritage Prog. 4odney Butler— DCA-Rural Eco. Dev: Mark Ziegler — NC DOT: avid Harris — Wildlife Resources: T6aaria Dunn w/Reports State Property Office: I.7i Walton: DEED — e Moser .,Wanda Hilliard, Real Property Agent (Bio Reports only) — Shellfish Sanitation: 4 emy Humphrey (Bio)/Skaancx:;il�— haron Gupton, Admin DEMLR: )Fan Hall - Stormwater Section J— an Sams - Land Quality Section — Public Water Supply: 616/,di Cox City of Wilmington: -Xaoq==T���j—n Enforcement: FieldyR�epp: q t� "' ' `wy ✓/.1 ���I v"� ,2� Co. LPO �I/I' ` t VoG vlku a -ff i, W) 1- t w r� ) Agent: ✓ U RECEIVED DISTRIBUTED: 'Q aY` OCT 292020 Updated 09/04/20 CAMA/Shaun m wy ®r 41pst