59-21 Aviron HOA

Permit Class
—NEW
Permit Number
59-21
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 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Aviron Homeowners Association, 2705 Middle Sound Loop Road, Wilmington, NC 28411
Authorizing development in New Hanover County adi. Howe Creek, at 2709 Middle Sound Loop
Rd., in Wilmington , as requested in the permittee's application dated 7/23/20 (MP-1) 9/25/20
(MP-4), including attached workplan drawings (3), Sheets 1 of 3 dated "Received DCM Wilmington" 10/27/20,
Sheet 2 of 3 dated "Received DCM Wilmington" 10/26/20. and Sheet 3 of 3 dated 10/24/20.
This permit, issued on May 18, 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 of these terms may
to nnes, imprisonment or crvn action; or may cause me permit to be unit ano voro.
Docking Facility Expansion
1) This permit authorizes only the docks, piers, floating platform, boatlifts, 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 authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee 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
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
December 31, 2024 This permi y it condition�re heteby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

Aviron Homeowners Association
F.\ 111110 C13! F.1SKI) 0 01 Y 0]&1
Permit No. 59 2.1_.
Page 2 of 3
3) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from the
normal high water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive.
4) 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.
5) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking.
6) 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
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) This permit authorizes a maximum of four (4) formalized boat slips.
S) In accordance with commitments made by the permittee the boatlifts and tie pilings on the waterward
side of the proposed facility is hereby deleted. Any and all reference to the originally proposed boatlifts
and tie pilings on the waterward side of the docking facility in the attached application and workplan
drawing is hereby considered null and void.
9) 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.
General
10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
11) 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.
12) 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, including but not limited to any authorizations
required from the US Army Corps of Engineers.

A,virrr. Homeowners Association Permit No. 59-21
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 [phone] prior to the commencement of any such activity
for this determination.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2020-
1774.
NOTE: An application processing fee of $250 was received by DCM for this project.

DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
Applicant:
Type: (Check all that apply)
New Major Mod Permit#
Permit Coordinator:
Field Representative:-- IEA
Minor Mod Renewal Transfer
Date Time Message% p Cr
25 �� �uf oN Rat)

/CM SIP-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/Landowriwlnfonmadon
Business Name
Prr> d Name td applicable)
Aviron Homeowners Association
Applicant 1: First Name
MI
Last Name
_
Christopher
W
Jones
Applicant 2: First Name
MI
Last Name
d additional applicants, phase attach an additional page(s) wiM names listed.
Mailing Address
PO Box
City
State
2705 Middle Sound loop Rd
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28411
New Hanover
336-944-5001 ext.
336-355-9027
Street Address (ifddferonl from above)
City
State
ZIP
Email
[e-mail]
2- AgwW onbactw /nfcrmatlon
Business Name
Coastal Marine Construction
Agent/ Contractor 1: First Name
Jimmy
MI
Last Name
North
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
6314 Wrightsville Ave
PO Box
City
Wilmington
State
NC
DP
28403
Phone No. 1
910-231-8514 ext.
Phone No. 2
- exL
FAX No.
Cor bwW Y
Street Address (d di ferent from above)
City
Wilmingion
State
NC
Zip
-
Email
RECEIVED
<Form continues on back>
AUG 2 5 2020
DCM WILMINGTON, NC
252-808-2808 1-888.4RCOAST :. www.r -et

Form-DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
•3. Project Location
County (an be multiple)
Street Address
State Rd. #
New Hanover
2700'Middle Sound Loop Rd
Subdivision Name
City
State
Zip
Aviron Subdivision
Wilmington
NC
28411 -
Phone No.
Lot No.(s) (d many, allach additional page with fist)
336 - 944 - 5001 ext.
a. In which NC river basin is the project located?
b. Name of body at water nearest to proposed project
White Oak
Howe Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest majorwater body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Aryyyy
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ONO
work falls within.
New Hanover
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fL)
375
6500
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
.941 ac, .686ac, .676ac,
NWL (normal waterlevel)
(It many lot sizes, please attach additional page with alist)
11' ❑NHW or ONWL
e. Vegetation on tract
Lawn grasses, trees, ornamental landscaping
f. Man-made features and uses now on tract
Single Family Residences
g. Identify and describe the existing land uses ad acent to the proposed project site.
ResidentialHomes
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential for the land, no zoning for the waterway
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
J. Is the proposed activity part or an urban waterfront redevelopment proposal? ❑Yes ONO
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Y�r� gNnI.r.7NA
National Register listed
or eligible property? r&CE-- VVtb
<Fotm continues on next page> AUG 2 5 2020
DCM WILMINGTON, NC
252-808-2808 :t d-888.4RCOAST :: www.ncconstaimanagement.net

Form DCM MP-1 (Page 3 of 4)
APPLICATION -for
Major Development Permit
In. (I) Are there wetlands on the site? []Yes ®No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(Ig) If yes to either (I) or (il) above, has a delineation been conducted? []Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Sewer
o. Describe existing drinking water supply source.
Well
p. Describe existing storm water management or treatment systems.
Not Applicable
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublirJGovemment
®PrivatetCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Project is the renovation, removal of a portion of a pier, and reconstruction of the pier in the same approximate dimensions
as was removed. The purpose of this pier and floating slips is for personal boating and recreational purposes.
c. Describe the proposed oonshuction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
The proposed construction will consist of the installation of wood, pilings and a wooden peir structure supported by the
pilings. Except for the installation of the pilings for the pier which will be done by floating barge, no substantial equipment is
expected to be used during construction.
d. List all'development activities you propose.
Pier, platform, floating dock
e. Are the proposed activities maintenance of an existing project, new work, or both? BOTH
f. What is the approximate total disturbed land area resulting from the proposed project? 100 net after removal of part of the
existing dock and pier structure
®Sq.Ft or❑Acres
g. Will the proposed project encroach on any public easement public accessway or other area ❑yes ®No ❑NA
that the public has established use oY?
h. Describe location and type of existing and proposed discharges to waters of the state.
NONE
I. Will wastewater or stomnvalerbe discharged into a wetland? []Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No IONA
j. Is there any mitigation proposed? ❑Yes OREWEIVED
If yes, attach a mitigation proposal.
AUG 2 5 Z020
<Form continues on back>
252.808-2808 :: 1-888.4nCOAST :: www.nccoastalinanagernent.net

Form DCM MP-1 (Page 4 of 4)
APPUCAT10N for
Major Development Permit
6. Additional info►madon
In addition to this completed application fprm, (MP-1) the following items below, if applicable, must be s.bmifted in order fat the application
Package to be complete. items (a) - (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required ilems 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 disfinguish
between work completed and proposed.
c. A she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
L 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 Barren inlet Associaaon , Phone No. 910-264-5900'
Address.6724 Barren Inlet Rd Wilmington NC 28411 ,
Name Gary R & Leslie Hurley Phone No.
Address 6601 Sylvan Ln Wilmington NC 28411
Name Phone No.
Address r.
g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pennittee, and Issuing dates.
Permit #5796 Carol H Johnson 5129186 Permtt #46183'& 47455 Bob Brady 12108/06
h. Signed consultant or agent authorization form, if applicable.
t. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
and Permission to
I understand that any permit issued in response to this applicationwill 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'jnformation 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 7/24 /78 Pfint Name GffQi 6'rt)P ri'6 ONES
Signature /riCm
Please indicate application attachments pertaining to your proposed project
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland an
RECEIVED
®DCM MP-4 Structures Information
AUG 2 5 20,11
252-808-2808 :: 1.868-4RCOAST :: www.n coca stalmanagement. net

9
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
J
1 DOCKING FACILITY/MAR/NA CHARACTER/ST/CS '
❑This echon not appligable
_- ..
a. (1) Is the docking facility/marina: b.
(i) Will the facility be open to the general public?
❑Commercial ❑PublidGovemment $Frivate/Communhy
Yes o
❑ (AN
c. (i) Dock(s) and/orpier(s). 1 l d.
(i) Are Finger Piers included? ❑Yes 9No
(ii) Number % /
, /
If yes:
(iii) Length �r / �a S z4
•
�/
(ii) Number
(iv) Width (o .j
/ G '
(ii) Length
(v) Floating I;Yes JgNo
(iv) Width _
(v) Floating ❑Ye's []No
e. (i) Are Platforms included? ❑Yes MNo f.
(i) Are Boatlifts included? 2fYes ❑No
If yes:
If yes:
(ii) Number
III) Number
(iii) Length
(iii) Length /3
(iv) Width
(iv) Width /Q'
(v) Floating []Yes ❑No
Note: Roofed areas are calculated from driplinedimensions.
g. (i) Number of slips proposed h.
Check all the types of services to be provided.
1-1
❑ Full service, including travel Irft and/or rail, repair or—
(ii) Number of slips existing
maintenance service
• •�_ wi it h e- rc •vou �c/)
❑ Dockage, fuel, and marine supplies
❑ Dockage ('wet slips") only, number of slips: _
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
QOther, please describe:
!1e!soh+41 rloc%rrtis
L Check the proposed type of siting:
❑ Land cut and access channel
❑Open water, dredging for basin and/or channel
,®Open water, no dredging required
❑Other, please describe:
k. Typical boat length: -26
m. (i) Will the facility have tie pilings?
❑Yes %No
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats; mixed types).
pJeN ,�un�6 Ljv ur�S
(i) Will the facility be open to the general public?
[]Yes Ighlo
RECEIVED
SEP 2 9 2020'
DCM WILMINGTON, NC
252.6e? 2008:: 1-838-4-rTCCAST :: 41'rvW.rIGG9 a8Y8 i7?I<1318y P.YnEn4.h2t revised: 1212:!05

Forrh D CN I NA F-4 (SirucWres, Page 2 of 4)
a. Check each of the following sanitary facilities that willbe included in the proposed
❑ Office Toilets
❑ Toilets for patrons; Number: Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater..
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge' signs proposed.
(ii) Give the location and number of "Pumpout Available' signs proposed.
I. Describe the special"design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. , Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed. NA
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard. dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services am currently provided?
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
19Yes ❑No SU 2 9 202*0
DCR° Wtl fsnINGTON NC
252-808-2808 :: t-333-4RCOAST ;; +tuna.ticcaasEatm svart:-:rnenk.nei revised: 12137fO6

Fort; DdIVI MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
RLYes []No
o. Is the manna/docking facility proposed within or adjacent to coastal wetlands/marsh (OW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
�?r]'CW O ❑SAV ❑SB
OWL _ ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes 25No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
I3 BOATHOUSEpn6udingcovet ed'lflts) NTh/s eotdnnotapplica6le`I
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number
(ili) Length
(iv) Width '
Note': Roofed areas are calculated from ddpline dimensions.
4 GROIN (e g 'wood sheefpfle, etc ff'a look groin; use MP-2;�Eiscavabon,and Fi7l ). DNS, section not applicable
`
a• (i) Number
(if) Length
(III) Width
a
5 BREAKWATER(eg-hood,sheetp#deta)lhrssectlonnotappLcable`I
a. Length _ b. Average distance from NHW, NWL, orwetlands
c. Maximum distance beyond NHW, NWL or wetlands
6 MOORING PILINGS and BUOI'S
�?7us section not appficebfo
a. Is the structure(s): b. Number _
❑Commercial ❑PubliclGovernment ❑Private/Community
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL .,RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC
:zo2-807.28Q8 :: 9-Sai3-ARCC:A.'sT :: vA,v,v,llroaasialmartag_rn=ntnt_met revls`.-d: 12!27105

7. GENERAL
Proximity of structure(s) to adjacent riparian property lines
e b- P[Oxim'tYGf structures) 10 adjacent docking facilities.
Note: For buoy or ninonng piling use arc of swing including tengli,
of vessel
C. Width of water body
0 (1) Ilifill navigational aids be required as a result of the pro,,ecl?
11yes [Y%lo ONA
(F) If yes. explain what type and how they will be implemented.
B. OTHER
a. Give complete description:
Date
Project Name
'V
Applicant " Naple
7:�
Applicant Signature
it. Water depth atwaterward end of structure at NI.W or NWL
suction not applicable
RECEIVED
SEP 2 9 2020
DCM WILMINGTON, NC

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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Aviron HOA c% Christopher Jones
COUNTY: New Hanover
PROJECT NAME: 2700 Middle Sound Loop
LOCATION OF PROJECT: 2700 Middle Sound Loop Rd, adjacent to How Creek, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-29-20
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: Elks
To Be Forwarded: NIA
DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW: T- Mkt/
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 4.NON FEE REC'D: $250#23500
APPLICATION ASSIGNED TO: Weycherl
PUBLIC NOTICE REC'D: 11-11-20
ADJ. RIP. PROP NOTICES REC'D:
END OF NOTICE DATE: 12-2-20
DEED RECD: Yes
C) 75 DAY DEADLINE: 1-12-21 Q 150 DAY DEADLINE:
HOLDS: 3'25'7A ?.l
MAIL OUT DATE:11-6-20 STATE DUE DATE: 12-2-20
PERMIT FINAL ACTION: ISSUES 1% • M _ DENY
AGENCY
DATE
COMMENTS
OBJECTIONS:
YES NO
NOTES
DCM—Field Rep
t1RETURNED
p0 v& 01 sloe
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
DWR-Public Water Supply
bEMLR- Stormwater
t1Z ZO
DEMLR - Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
NA t s-t& AP(-Sg 3p
DMF - Shellfish Section
DMF- Habitat &Enhancement
IZ
D0
DNCR- Archives & History
r /- jj
DNCR-Natural Heritage Program
NCDOT
NC Dept of Commerce
`� I Z
21LA

RECOMMENDATIONS FOR 2709 Middle Sound Loop, Aviron HOA 10/30/2020
Shoreline length =-375' x 8' = 3,000 ft2 (maximum allowable)
Existing platform space calculations
• Pier- 236' x 6' = 1,416 ft2 (credit)
• Fixed platform - 18' x 16' = 288 ftz
Proposed construction calculations (additional platform space)
• Pier- 61.5',x 6' = 369 fl (credit)
• Floating dock— 5' x 75' = 375 ft2
Boat lift— (2) 13' x 13' = 338 ftZ (not counted)
Total platform space= 663 ft2 (after construction)
This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries,
regarding potential impacts to shallow bottom and primary nursery area. Should concerns be expressed over potential
impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2),
which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC
and the project be sited and designed so as to avoid significant adverse impacts upon the productivity and biological integrity
of spawning and nursery areas.
The proposed new configuration allows estuarine water access and reduces unintended damage to primary nursery bottom
habitat. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including
the %4 width rule and the pier width rule. The proposed structure would not encroach into either adjacent 15' riparian
corridor setback area. 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 with an additional condition
restricting docking outside of the designated slips, specifically on the landward side of the floating dock.

NORTH CAROLINA
G,wn omenml Ounirly
November, 6 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
c u rt. wev t h e rt (a) N C D E N R. o ov
SUBJECT: CAMA
Applicant: Aviron Homeowners Association
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director•, Divivion r fCu.W
Management
Project Location: 2709 Middle Sound Loop, adjacent to Howe Creek, Wilmington, New Hanover County
Proposed Project: Proposal to remove the existing 6'x50' fixed pier and connecting (2) 16x6' floating
finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5x75'
floating platform with two mechanical boatlifts. The total slip count will remain the
same at four (4) slips.
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 December 2, 2020. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] 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 Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality
SIGNATURE Q4A4rev nay for Shannon Jenkins
DATE 11/16/2020 1""/
State of North Carolina I Envitnranental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

MEMORANDUM
To: Curt Weychurt
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Aviron
Homeowners Association, Wilmington, New Hanover County
Date: December 1, 2020
CONSISTENCY
This project is consistent with the New Hanover County Comprehensive Land Use
Plan Update.
The applicant proposes to remove the existing fixed pier and connect two 16' x 6'
floating finger piers and extend. 6' access pier by 61.5' terminating in a new 5' x 75'
floating platform with two boat lifts. The project site is located at 2709 Middle Sound
Loop Rd., adjacent to Howe Creek in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and
PTA. Waters at the project site are classified as SA-ORW and are open to the harvesting
of shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation
In general, Wilmington -New Hanover County LUP allows development in Conservation
classified AECs, which is consistent with the State's minimum use standards. The New
Hanover County Land Use Plan contains some policies, which exceed the State's
minimum use standards, however none of these policies are applicable to this project.
This project appears to be consistent with the New Hanover County Comprehensive
Land Use Plan Update.
Cc: File
RECEIVED
DEC 01 2020
MP SECTION
DCM - MHb CITY

ROY COOPER
U,nr mr
MICHAEL S.'REGAN
$•ne6rq
BRAXTON DAVIS
.l /Jli(IARYM'/11
November, 6 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 26557
Fax: [phone] (Courier 11-12-09)
curt.wevchertaNCDENR.cov
SUBJECT: CAMA
Applicant: AWron Homeowners Association
Project Location: 2709 Middle Sound Loop, adjacent to Howe Creek, Wilmington, New Hanover County
Proposed Project: Proposal to remove the existing 6x50' fixed pier and connecting (2) 16'x6' floating
fingerplers and extend the existing 6' access pier by 61.6 terminating in a new 5'x75'
floating platform with two mechanical boatlrfts. The total slip count will remain the
same at four (4) slips.
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 December 2, 2020. If you have any questions
regarding theproposed project, contact Katharine Elks at [phone] 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.
PRINT NAME �1 V k e I h L. r
AGENCY z 19,f • 0 F GU kJ4 W1 e,-✓cz RECEIVED
Nov 1.2 2020
sIGNAruREl (l_ �, I d MP SECTION
DCM - MHD CITY
DATE «l 12- I 2,o
Statc oMorth Carolina I Envitwmentel Quality I Coaalel Mmragemeat
127 CRr&nal Drive E<.• Wihningtm NC 29405 9197967215

0
13 . o I
November, 6 2020
MEMORANDUM.
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevcherl(EDNCDEN R'-aov
SUBJECT: CAMA
Applicant: Aviron Homeowners Association
ROY COOPER
I Mi
MICHAEL S. REGAN
BRAXTON DAVIS
Project Location: 2709 Middle Sound Loop, adjacent to Howe Creek, Wilmington, New Hanover County
Proposed Project: Proposal to remove the existing 6x50' fixed pier and connecting (2) 16'r6' floating
finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5'x75'
floating platform with two mechanical boattilts. The total slip count will remain the
same at four (4) slips.
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 December 2, 2020. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] 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.
RM<µ+S1 411 Drc.nl vlLs �^'nt�
PRINT NAME- j I . _TZ-AAn r1 �s� �f r}IrrnS TIC k�71�1�'
_C�yc.-� tnc%-tslM of
AGENCY Rc—.
SIGNATURE
t-trr�-I.-� ct� dw —iU .pxse^v
J Ae. sn tr,-Z6'n
DATE 12--L'207-0
State of North"Carolina I Envlromncntal Quality J Coastal h6n ga nmt
127 Cardinal DriveExt., Wilmington, NC 2W5 9197967215
now=Dye. $S_�.�8$,* s'ry '°b.-� - °°9ei

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 <[e-mail]>
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(cDncdenr.aov
400 Commerce Ave
Morehead City, NC 28557

NORTH CAROI.IN.A
A"r, winwenial 0aahl -.
November. 6 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.weychert(u)NCDEN R.gov
SUBJECT: CAMA
Applicant: Aviron Homeowners Association
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division ofCoarial
Management
Project Location: 2709 Middle Sound Loop, adjacent to Howe Creek, Wilmington, New Hanover County
Proposed Project: Proposal to remove the existing 6x50' fixed pier and connecting (2) 16x6floating
finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5'x75'
floating platform with two mechanical boattifts. The total slip count will remain the
same at four (4) slips.
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 December 2, 2020. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] 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 Kimberlee Harding
AGENCY NCDMF
SIGNATURE Ki1N62z�i2CJ✓uuy
DATE 12/2/2020
State of Noah Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive EM., Wilmington, NC 29405 919 796 7215
RECEIVED
DEC &2 -2020i
MPSECTION
DCM - MHD CITY

e
%J
ROY COOPER
Gommor
MICHAEL S. REGAN
Secretary
STEPHEN W.MURPHEY
Director
MEMORANDUM:
TO: Curt Weychert, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: Aviron Homeowners Association, community docking facility
DATE: December 2, 2020
A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed
the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant is proposing to remove the existing 6'x 50' fixed pier and connecting two, 16' x 6' floating
finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5' x 75' floating'
platform with 2 mechanical boatlifts. The total slip count will remain the same four slips. The'
project is located along the waterline and public trust waters along 2709 Middle Sound Loop,
adjacent to Howe Creek in Wilmington, New Hanover County. New Hanover County Land Use Plan
classifies the area in the vicinity of the project area as Conservation. Waters in the project area are
classified as SA/ORW by the N.C. Division of Water Resources. They are designated as a Primary
Nursery Area (PNA) by NCDMF, and they are closed to the harvest of shellfish.
PNAs are estuarine waters where initial post -larval development occurs. Species within this area
are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs
because they afford food, protection, and proper environmental conditions during vulnerable
periods of their life history, thus protection of these areas are imperative. Coastal wetlands are
considered among the most productive ecosystems in the world. Coastal wetlands are a productive
detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control,
dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions
and support fish production. Recent research indicates that even narrow fringes of wetlands are
essential factors for fish utilization and erosion control.
The tidal pool that currently serves as the community boat basin is surrounded by oyster beds with
water depths from 0 to -1' NLW making docking hazardous for vessels and the resource during low
and mid -tides. Moving the docking facility into deeper waters will help reduce any possible impacts
caused by vessels using the facility.
Contact Kimberlee Harding at [phone] or [e-mail] with further
questions or concerns.
RECEIVED
DEC U 2 102p
t
DOM MHD CITY
MP SECTION
nothing Compares.—....
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

DoouSign Envelope ID: DA228628-5C614A51-8760-4CE3CBE90840
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
ErtYka rtentaf QUGIO
January 5, 2021
DWR # 2020-1774
New Hanover County
Aviron Homeowner's Association
Attn: Christopher Jones
2705 Middle Sound Loop Road
Wilmington, NC 28411
Subject: No Written Approval Required
2700 Middle Sound Loop Road —Wilmington, NC 28411
Dear Mr. Jones:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application request
dated received by this office on November 6, 2020. The 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 150E 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 http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] 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 [phone], 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:
North Carolina Department of 27 CaEnvironmental Drive
alityExtension
I Division IWi of Waterngtom Resources
`� �r��p' Wilmington Regimal Office Iz7 Carnal prNe Eztmsim I wilmington North cardtru 28105
r+\ 910.796.7215

O6ftign Envelope ID: DA22862MC614A51-87B0-4CE3C8E90840
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
2700 Middle Sound Loop Road — Wilmington, NC 28411
DWR# 20201774
Page 2 of 2
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
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
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Tyler Benson at 910-620-7447 or [e-mail] if you have any questions or concerns.
Sincerely,
oocusid by��/�� 1/.� �
Morelia 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
Jimmy North, Consultant, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO

ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
November, 6 2020
FROM Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11.12-09)
curt.weychert(MNCDENR goy
SUBJECT: CAMA
Applicant: Aviron Homeowners Association
Project Location: 2709 Middle Sound Loop, adjacent to Howe Creek, Wilmington, New Hanover County
Proposed Project: Proposal to remove the existing 6k50' fixed pier and connecting (2) 16'x6' floating
finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5'x75'
floating platform with two mechanical boatlifts. The total slip count will remain the
same at tour (4) slips.
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 December Z 2020. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] 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 Wanda Hilliard
AGENCY State Property Office
Total slip count of 4 will remain the same. RECEIVED
SIGNATURE U.iaA n D, I (ILL ✓J
DEC 0 3 2020
DATE December 3. 2020 r�MP SECTION�
Aateof North Ca hnn En%irmmenWQuality Coastal Managcmcnt DCM - MHD CITY
1/
127 Cudinal Dn,r lixt. Wdmingla,, NC 28405 919 796 7215

Weychert, Curtis R
From: Jimmy North <[e-mail]>
Sent: Thursday, May 13, 2021 2:17 PM
To: Weychert, Curtis R
Subject: [External] Re: Aviron Project
Attachments: image001.png
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Yes sir, he was fine with that
On Thu, May 13, 2021, 12:32 PM Weychert, Curtis R <curt.wevchert@ncdenr.¢ov> wrote:
Hey Jimmy,
I'm about to issue the permit for Aviron based on our conversation last week. Can you confirm that the applicant was
okay with removing the components of the project that were waterward of the floating dock (i.e. the boatlift and any
mooring pilings? Thanks once you confirm this you can expect the permit immediately.
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(a)ncdenr.aov
400 Commerce Ave
Morehead City, NC 28557

Ci
YWeychert, Curtis R
From: [e-mail]
Sent: Tuesday, April 13, 2021 3:46 PM
To: Weychert, Curtis R
Cc: 'Jimmy North'; 'Dave Brodeur'; 'paul greenman'
Subject: [External] Aviron Permit 20201774
CAUTION: External email Do not click links or open attachments unless you verify. Send all suspicious email as an attachment, to `
1116portSpam..w__-
Curt:
I emailed the objecting neighbor to address any remaining concerns and here is his email
response below. He now has no problems with our application.
Hopefully this will clear the remaining hurdles. We believe we have met your requirements, at
the scoping meeting it was agreed that our proposal was better for the environment than the
current dock, your staff has approved our factual assertions and has not objected to the
permit, and the lone objecting neighbor no longer objects.
Let us know how we might address any remaining concerns.
Thanks,
Chris Jones
Aviron Homeowners Association
CAROLINA FINANCIAL
LA D V 1 s O R s
Christopher Jones, CFP@ CPA CKA®
100 E Lake Dr Suite 100
Greensboro NC 27403
Phone: [phone]
From: Gary Hurley <[e-mail]>
Sent: Tuesday, April 13, 2021 12:20 PM
To: [e-mail]
Subject: Re: Dock Plans
Thanks for reaching out again. I am good with the process --your application, CAMA reviews, feedback, more reviews,
etc. --and don't anticipate any issues. Glad you're happy with the results of the process, too.
Gary
1

,r
On Mon, Apr 12, 2021 at 6:02 PM<ChrisJonesPcarolinafinancialadvisors.com> wrote:
Hi Gary -
We are nearing the end of our permit application and I wanted to follow up to see if I could
provide you with any greater assurance that our dock plans fit within the CAMA regulations.
As I mentioned in my earlier email, I will be glad to go back out with you and re -measure the
distances and the depths. Few of us like changes and I would be most hesitant as you are, if
we blocked the transit of boats. As you mentioned, CAMA would not allow that anyway, but I
would like to address any remaining concerns.
I have not measured in front of your dock, but I would expect our width to be similar or wider
than the channel in front of your dock. In a regulatory sense that does not matter- we have to
meet their current rules. But as a comfort matter, there will be more than ample width for
the passage at low tide of any vessel able to get that far up the creek. At mid -tide and high
tide it is obviously even less of a concern. It's surprising how wide the channel is there
compared to it's shallowness in other areas.
Again, let me know if you still have any concerns- we honestly want to address them if we
can.
Thanks
Chris Jones
Aviron Homeowners Association
336-944-5001
From: [e-mail] <[e-mail]>
Sent: Sunday, September 6, 202012:16 PM
To: 'Gary Hurley' <[e-mail]>
Subject: RE: Dock plans
2

See attached. I have the acknowledgement for you to sign that we have notified you. I will try
and stop by later today or tomorrow to get you to sign it.
The proposed footprint is just slightly larger than the existing footprint. I will be glad to get
out in my boat with you to measure the water depth if you like. There is more than ample
channel width at low tide and it will not interfere with any boat traffic.
Fishermans Post? Interesting.
From: Gary Hurley <[e-mail]>
Sent: Friday, September 4, 2020 9:09 PM
To: [e-mail]
Subject: Dock plans
This is Gary. You stopped by to touch base about your dock plans.
Please share what you have planned.
Gary
Gary Hurley
Fisherman's Post
►, CAROLINA FINANCIAL
Kil A D V 1 5 O R 5
Christopher Jones, CFP® CPA CKA®

100 E Lake Dr Suite 100
It
Greensboro NC 27403
Phone:[phone]
Fisherman's Post
1320 Audubon Blvd.
Wilmington, NC 28403
cell [phone]
office [phone]
fax [phone]
Facebook: FishPost
YouTube: youtube.com/FishPostTV
Twitter: @fishnoster
Instagram: @Fishermans.Post
Now you can make your fish photo look like it was on the cover of Fisherman's Post: Cover Prints.
L

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRAXTON DAVIS
Director
Mr. Jimmy North
6314 Wrightsville Ave.
Wilmington, NC 28403
Dear Mr. North:
NORTH CAROLINA
Environmental Quality
March 25, 2021
This correspondence acknowledges your March 25, 2021 email in which you indicated that your
client, Christopher Jones, wishes to place his CAMA Major Permit application in abeyance until
the project has been redesigned and has no navigational concerns. Based on this request,
processing of your application will be placed on hold until such time as a written request is
received in this office requesting a resumption of application processing. As required by NCAC
T15A:07J.0204(d), the permit processing period will not run. Upon my receipt of a written
request to reinitiate processing, the Division of Coastal Management will resume processing of
the application at the point where it was terminated.
If you have any questions concerning this matter, please feel free to contact me at (252) 808-
2808 ext. 211, or by e-mail at [e-mail].
Sincerely,
IiLUM�I UUG�
Curt Weychert
Assistant Major Permits Coordinator
CC:
DCM WiRO Files, DCM MHC Files
Robb Mairs, DWR WiRO (via email)
Greg Currey, USACE Wilmington Regulatory Field Office (via email)
North Carolina Department of Environmental Quality I Division of Coastal Management
'✓�)) Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
,anwimmmv,\ /`� 252.8082808

Weychert, Curtis R
From: Jimmy North <[e-mail]>
Sent: Thursday, March 25, 2021 6:41 PM
To: Weychert, Curtis R
Subject: [External] Re: Aviron Project
CAUTION, ON: External email Do not click 6ks or open attachments unless you verify Send all suspicious email as an attachment to ,
�Report Spam
To: Curtis Weyhert
Please put the Major Permit for the Aviron HOA pier project on hold.
Please keep me informed on what needs to be done on my part to hopefully
finalize this permit.
Thank you for your help with this,
Jimmy
On Thu, Mar 25, 2021 at 4:26 PM Weychert, Curtis R <[e-mail]> wrote:
Hey Jimmy, I was just making sure you had my email address and also wanted to make sure you wanted to put the
project on hold before we begin processing anything. Please let me know as soon as you can.
Thanks,
Curt Weychert
Curtis Weychert
Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-808-2808 x211
Curt.Wevchertna ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
1

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AVIRON HOMEOWNERS ASSOCIATION
APPLICATION FOR MAJOR PERMIT- RAPARIAN LINES

7/17/2020
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Ntatiun Name: Wrightsville Beach, NC
Action: Daily
Product: Tide Predictions
Start Date & Time: 2020/7/16 12:00 AM
End Date & Time: 2020/7/17 1 1:59 PM
Tide Prediction Data Listing
Source: NOAA/NOS/CO-OPS
Prediction Type: Harmonic
16 Datum: MLLW
77"C Of 17k*jWe-fVz i ' Height Unit,;: Feet
Time Zone: LST/LDT
Date
Day
Time
Hgt
Time
Hgt
Time
Hgt
2020/07/16
Thu
04:19 AM
3.21 H
10:29 AM
0.36 L
5:01 PM
4.18 H
2020/07/17
Fri
05:13 AM
3.30 H
I I :14 AM
0.21 L
5:49 PM
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AVIRON HOMEOWNERS ASSOCIATION
PROPOSED DOCK AND SLIPS
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[phone]
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RECEIVED
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cwnce M4 DCM WILMINGTON, NC jsyj&•►�q�
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November, 6 2020
MEMORANDUM
FROM Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertCD.NCDENR. oov
SUBJECT: CAMA
Applicant: Aviron Homeowners Association
ROY COOPER
Gmenrnr
MICHAEL S. REGAN
.S'ecretaq
BRAXTON DAVIS
Director, D,vuian nfCnastal
Management
Project Location: 2709 Middle Sound Loop, adjacent to Howe Creek, Wilmington, New Hanover County
Proposed Project: Proposal to remove the existing 6x50' fixed pier and connecting (2) 16x6' floating
finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5x75'
floating platform with two mechanical boatlifls. The total slip count will remain the
same at four (4) slips.
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 December 2, 2020. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] 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 of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 28405 919 796 7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Aviron Homeowners Association, c/o Jimmy North
2. LOCATION OF PROJECT SITE: 2709 Middle Sound Loop, adjacent to Howe Creek in Wilmington, New
Hanover County.
Latitude: 34°15'09.41"N, Longitude: 7704733.13" W
3. INVESTIGATION TYPE: LAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/14/2020 Was Applicant Present —Yes
5. PROCESSING PROCEDURE: Application Received — 8/25/2020 (initial) 10/29/2020 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan —New Hanover County
Land Classification From LUP—Conservation
(B) AEC(s) Involved: ES, EW, PTA
Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment: Existing —N/A Planned —NA
(F) Type of Structures:
Existing —Community docking facility (4 slips)
Planned — Pier extension, new floating dock, and 2 boatlifts (no slip expansion).
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
Wetlands (shading impact)
f(A)etated
-Vegetated Wetlands (Open water)
I,082 flincorporated (openwater
()ter —High Ground
(D) Total Area Disturbed: 1,08211
(E) Primary Nursery Area: Yes
(1) Water Classification: SA/ORW Open: No
8. PROJECT SUMMARY: The applicant is proposing to remove the existing 6'x 50' fixed pier and connecting (2)
16' x 6' floating finger piers and extend the existing 6' access pier by 61.5' terminating in a new 5' x 75' floating
platform with 2 mechanical boaflifls. The total slip count will remain the same (4 slips).

2709 Middle Sound Loop, Aviron HOA
Page Two
9. PROJECT DESCRIPTION
The project site is located at 2709 Middle Sound Loop, adjacent to Howe Creek, in Wilmington, in New Hanover
County. NC HWY 17 (Market Street) by traveling north on Market Street to Middle Sound Loop Road. Turn
right onto Middle Sound Loop Road and proceed through the traffic circle taking the first exit to the left. Travel
north approximately 1.4 miles the community will be on the right.
Currently the community has single-family homes with a 4 slip private docking facility. The existing docking
facility consists of a 236' x 6' access pier extending waterward to the southwest. There is a 16' x 16' platform
approximately 16' landward of the pier terminus. A 6' x 50' fixed platform extends perpendicular from the pier
into a tidal pool with two 6' x 16' floating finger piers, creating 4 boat slips. The existing facility was originally
permitted under Major Permit No. 57-96 issued on 5/29/1996 to Carol H. Johnson, later modified through two
general permits. Elevation at the site averages approximately 11' above normal hig
h water (NHW). The high
ground portion of the property contains ornamental grasses and landscaping. Coastal wetlands extend
approximately 275' from the highground predominately consisting of Smooth Cordgrass (Spartina alternj7ora)
and oyster beds.
New Hanover County Land Use Plan classifies the area in the vicinity of the project area as Conservation. Waters
in the project area are classified as SA/ORW by the N.C. Division of Water Resources. 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.
PROPOSED PROJECT
The applicant is proposing to remove the existing 6'x 50' fixed pier and connecting (2) 16' x 6' floating finger
piers and extend the existing 6' access pier by 61.5' terminating in a new 5' x 75' floating platform with 2
mechanical boatlifts. The total slip count will remain the same (4 slips). The tidal pool that currently serves as the
community boat basin is surrounded by oyster beds with water depths from 0 to -P NLW making docking
hazardous for vessels and the resource during low and mid -tides. The applicant has expressed concern regarding
unintended impacts to the marsh and oyster beds within the small access channel and boat basin. The applicant
proposes to remove the docking structures associated with the tidal pool, which includes, a 6' x 50' fixed pier and
two 16' x 6' floating finger piers. The proposed new docking facility would include extending the existing access
pier 61.5' waterward over oyster beds to reach the main channel of Howe Creek. As proposed, the access pier
would terminate in a 5' x 75' floating dock. The outer edge of the floating dock would be located approximately
15' waterward of the oyster bed with water depths in this area ranging from -2' to -3.8' normal low water (NLW).
The applicant proposes to install two 13' x 13' boatlifts. One of the lifts is proposed to be located on the eastern
side, landward of the floating dock. The other lift is proposed to be installed on the western side, along the
waterward edge of the floating dock, no more than 30' waterward of the edge of the oyster bed. An additional two
slips are proposed for runabout day use along the waterward side of the floating dock. All slips and boatlifts are
located to have water depths greater than -2' NLW. No slips are permitted oh the landward side of the floating
dock except the boatlift which would be positioned waterward of the -2' NLW depth contour (see Sheet 2). The
width of the waterbody in the project area is approximately 125' wide with the channel approximately 60' wide,
ranging in depth from -3' 4" to -4'. The new facility as proposed would not extend farther than 30' waterward of
the oyster bed adhering to the'/< width. No encroachment into the 15' riparian setback is proposed. There is no
established pier headline in this area of Howe Creek. The new lift and floating dock would be installed using a
floating work barge that would be stored on site.
10. ANTICIPATED IMPACTS
As proposed, the new docking facility would result in the incorporation of approximately 1,082 ft of Public Trust
Area and Estuarine Waters. The project area consists of open water and oyster beds. There would be no impact to
vegetated wetlands or to the highground area. As proposed, the constructed features would not encroach into the
adjacent 15' riparian corridor setback from properties on both the eastern and western borders, nor encroach into
the '/< width. According to the applicant, water depths around the floating dock and boatlifts range from

2709 Middle Sound Loop, Aviron HOA
Page Three
approximately -2' to -3.8' at NLW. 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 30, 2020 Office: Wilmington

AVIRON HOMEOWNERS MAJOR PERMIT APPLICATION NARRIATIVE
Aviron Homeowners Association (AHA) is the joint land and dock access located at approximately 2700
Middle Sound Loop Rd. on Howe Creek, Wilmington, NC. AHA is applying for a major permit requesting
permission to remove the floating docks and ramp, and the "L" section of the existing pier, replacing this
removal with an extension of the main pier of approximately 56.5' with slips at the end of the pier. AHA
believes that this proposed dock change is very much within the regulations and the purpose and spirit
of the mission statement of the Department of Environmental Quality. In short, it is our assertion that
environmental quality will be enhanced with our proposal rather than diminished.
Howe Creek is a protected primary estuary habitat. The current dock owned by AHA is grandfathered in
the permitting process. The current pier is an "L" shaped pier that is approximately 238 feet long and
the "L"'s length is approximately 55 feet. South of the "L" and jutting into the creek are 2 floating docks
with 4 slips secured by pilings. There are aluminum ramps down to the floating docks from the "L" pier.
The channel at this section of Howe Creek is quite unusual in that a low tide there is approximately a 90-
foot-wide channel that is 3 to 4 feet deep. The size of boats using Howe Creek at that juncture are quite
small and these proposed new slips would not pose any navigation hazard.
The marsh area is approximately 90 feet wide where the AHA pier is located from the end of the marsh
grass across the channel to where the marsh grass starts on the other side. At high tide the creek width
is approximately 850 feet.
The existing floating docks are generally surrounded by marsh grass and oyster beds with a small
channel out to the main channel of the creek. At low tide the floating docks and boats are on the mud
bottom.
AHA is proposing and requesting a permit remove the approximate 55 foot "L" section of the existing
pier and replace it with a 55-foot extension of the existing pier. This 55-foot extension would then allow
AHA to secure floating docks in the main channel of the creek which would meet the minimum depth
permit requirement at low tide for new docks of two feet (2').
Consistent with our assertion that environmental quality will be enhanced, this change would result in a
huge reduction in the pilings in the water and the environmental impact in general. At times it is
possible that the water current takes a boat into the marsh grass and oyster bar causing an adverse
unintended impact. Oysters might be good to consume but are not good for the bottom of boats and
engine water-cooling systems. And conversely, boats aground are not good for oysters or marine life in
general. Boats and floating piers mired in the mud at low tide are certainly not environmentally friendly,
particularly in a primary estuary habitat. We would prefer to work with the DEQ to minimize the
possibility of damage to the surrounding oyster beds and estuary bottom. Please note that the
extension of the pier and removal of the "L" dock would not result in a larger visual or actual overall
footprint.
The channel at this point is quite wide and there would be more than ample roorpticjgny
reasonable vessel past the new dock. The channel at low tide is approximately 3 o ee deep and 90
feet wide. TowBoat/US does not like trying to navigate Howe Creek illustrating thatiinpj
significant waterway ancLthQ,ptggq�e dock would, again, not present a hazard op t c�l�fd�rill
AU6 2 5 2020 Fifflum" DCM WILMINGTON, NC
DCM WILMINGTON, NC

navigation. If permitted, the floating docks would still leave a 60-foot-wide channel at low tide'for
navigation.
Consistent with a section of the Mission Statement of the DEC! that states "In its essence, oEq is a service
organization. Agency personnel, operating within the confines of the regulations, must always be a resource of
invaluable public assistance, rather than a bureaucratic obstacle of resistance.', we are respectfully requesting
your assistance in facilitating this major permit request and variance request if necessary.
In summary we believe that we have made the following assertions:
• The overall footprint of the new pier and docks will not be any larger than the current footprint.
• The impact of reduced human activity effecting the environment will have the effect of
enhancing water quality and improving the, primary nursery area of Howe Creek.
• The visual impact of the pier and docks will not more obtrusive and we will work to make it
improved with the use of low -profile boat lifts.
• Moving the current boat slips to the creek channel will prevent our inadvertent running aground
against the marsh grass and oyster beds adjacent to the current slips.
Respectfully and Sincerely,
Aviron Homeowners Association
Christopher Jones, ,Member
2705 Middle Sound Loop Rd
Wilmington, NC 28411
336-944-5001
EXHIBIT IV
RECEIVED
AUG 2 5 2020
DCM WILMINGTON, NC

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Coastal Marine Piers Bulkheads LLC
c/o Jimmy North
6314 Wrightsville Ave.
Wilmington, NC 28403
Dear Mr. North:
NORTH CAROLINA
Environmental Quality
October 30, 2020
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Aviron
Homeowners Association, for State approval for development of the subject property located at 2709 Middle Sound
Loop Road, adjacent to Howe Creek, in Wilmington, in New Hanover County. It was received as complete on
October 29, 2020 and appears to be adequate for processing at this time. The projected deadline for making a
decision is January 12, 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 29, 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 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.
Katharine Elks
Field Representative
cc: Curt Weyched, DCM
Robb Mairs, DWR
Aviron HOA, Applicant
USACE
Christine Bouffard, LPO
D Q�
North Carolina Department of Environmental Quality I DM51M of Coastal Management
MAIMington Office 1127 Cardinal Drive Extension I Wilmington. North Carohna 28405
910.796.72I5

CAMA PERMIT
APPLIED F AR
Ems. Applicant
to reconstruct a four (4
2
Howe Creek, Wilmington, New Hanover County.
COMMENTS ACCEPTED THROUGH _December2, 2020
APPLICANT:
Aviron Homeowners Association
c/o Christopher Jones
27U5 Muldle Sound Loop .
YNiinningtmn�@�IC 59411
Agent: Coastal Marine Construction
Jimmy North
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
121 Cardinal Dr. E
e

0
NC �RTH CAROLINA
November 6, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
Scott & Lisa Diggs / New Hanover County
Avirom HOA / New Hanover County
ROY COOPER
C+ mr
MICHAEL S. REGAN
Seemmn
BRAXTON DAVIS
Drnelor. DN ,ou u(C oul Mameenrcm
Hello Angie: Please publish the attached Notice in the Wednesday, November 11, 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.
Qineofely,
cc
T Pietila
Permitting Support & Customer Assistance
cc: MHC Files
Curt Weychert— WiRO/MI-IC
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cmdinal now Eat., Wilmington, NC 29405 9197967215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby givespublic notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On November 2, 2020, Scott & Lisa Diggs proposed to construct a
new four (4) slip private dockingfacility w/boat basin & access channel excavation at 401 Bradley Creek Point
Rd, adjacent to Bradley Creek, in Wilmington, New Hanover County; and on October 30, 2020, Aviron HOA
proposed to remove an existing fixed pier with floating finger piers to reconstruct pier & floating platforms to
maintain total slip count of four (4) at 2709 Middle Sound Loop., adjacent to Howe Creek, in Wilmington,
New Hanover County. Copies of these applications 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, [phone] 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 December 2, 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.

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: EWER iS7-0P y/£R ! to vEs
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized
inJ Af; oA/e &e'H'3 L000e ko
40" j/ L 8 l+ It
61 '44L Gd rr�
C� r / /)?A✓'rnc � �
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: MA Di Fi A --i Ow A F
yUPM
at my property located at _t,�OalE Gea--»00.1-)d/
in AUW NAnoddL County.
I furthermore certify that l 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 Owppr Information:
'SYa PyfE,e -,Db/i an io'
Print or Type Name
Title
O� 11 22620
Date
RECEIVED
A U G 2 5 7
DCM WILMINGTON, NC
This certification is valid through
.[. X N-,'13 iT

Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 28411
September 14, 2020
Katharine Elks
Division of Coastal management
127 Cardinal Drive Ext
Wilmington, NC 28405
Re: Aviron Homeowners Major Permit Application
As a part of our application we are required to notify the adjacent property owners of the Major permit
application. Enclosed is the signed ADJACENT IRPARIAN PROPERTY OWNER STATEMENT for the Barren
Inlet Homeowners Association, the certified mailing receipts for both property owners as well as copies
of the original transmittal letters, proposed changes to the pier and docks, and the original unsigned
OWNER STATEMENTS sent to them via certified mail.
In the original initiation of this process one of the adjacent property owners, Gary Hurley, had expressed
some concerns about the width of the channel. I personally delivered the proposed changes over the
Labor Day weekend and reviewed them with him. I also offered to go with him and re -measure the
depths we recorded. He has not taken me up on the offer, but he did acknowledge that the channel was
wide in front of our pier. We are fortunate that for this permit application process the channel is
unusually wide at this point at approximately 60 feet at low tide beyond the proposed extension of our
docks. There will be no obstruction of any vessel moving through the creek at that point.
If you have any questions on this project, please call me at 336-944-5001 or email me at
Ch risJones@Ca roll naFi na ncialAdvisors.Com.
Si r I ,
Al
Christoph Jones
Aviron Homeowners Membe
Enclosures
RECEIVED
SEP 17 2020
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNERSTATEMENT ��jj
I hereby certify that I own property adjacent to HVrror I 4MEdWHEtfS 4tirt. 's
(Name of Pronertv Awnarl
property located at a -)co mt,b
�7 (Address, Lot BIP Ro d, etc_)
on 4owE / ErK in NCrti1 envoi c attnTy N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
to ion.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must till In description below or attach a site drawing]
WAIVER SECTION �✓
I understand that a pier, dock, mooring pilings, boat ramp, breakw ter, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Information) (Adjacent Property Ow or Information)
r--- .Sr�roture
"Valid for one calendar year after signature'
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Iereprione Number/email address
q IU 2U --------RECEIVED
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(Revised AuJBk )7 2020
DCM WILM!NGTON, NC

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RECEIVED
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DCM WILMINGTON, NC

Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 28411
September 6, 2020
Gary R & Leslie K Hurley Delivery Via Certified Mail
6601 Sylvan LN
Wilmington, NC 28411
Dear Gary R. & Leslie K. Hurley:
Aviron Homeowners Association is applying for a CAMA Major permit to dismantle and reconstruct a
portion of their existing dock on Howe Creek in Wilmington, NC. This property is located at 2700 Middle
Sound Loop Road, Wilmington, NC. The specifics of the proposed work are in the enclosed application
forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Division of
Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 27405 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 your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 336-944-5001 or email me at
[e-mail].
Aviron Homeow*rs Member
Enclosures
RECEIVED
SEP 1 7 2020
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent toHnmcoaHE&S �
'KOCr�TidnS
property located at a Boa fA 1DDlE � (7LN7a��me of Property Owner)
puilo -qp RE
(Address, U4�,���lock, Ro d, etc.)
on +� r I JY ! g 5i� , in _ 1V✓aLr% nDVe'L- ( ;.. tyy , N.C.
(Waterbod Y) (CityJTown and/or County)'
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
\� I have objections to this proposal. /
DESCRIPTION AND/OR DRAWING OF PR POSE EVELOPMENT
(Individual, p►nposinq dg OW oraft ch a site drawing)
RECEIVED
OCT 0 5 2020
DCM WILMINGTON, NC
WAIVER SECTION A/
I understand that a pier, dock, mooring pilings, boat ramp, breakwker, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
i
I do not wish to waive the 15' setback requirement.
Owner Info ation) (Adjacent Property Owner Information)
1
Telephone Number/email address
care.
'Valid for one calendar year after signature`
(Revised Aug. 2014)

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT /j
I hereby certify that I own property adjacent to Avg Kdr t 4rnEowNE� )&oc:#4,bs
(Name of Property Owner)
property located at � 700 ill 1 r0�IF �oL�na t-46 P RL'' I (Address, Lo��t,��lock, R ad, etc.)
art
on I Iy F Pgz OC , in NJ�G✓ < 7,�dd?A ro An rU AC.
(Waterbody) (CitylTown and/or County
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
1 have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development mast till in description below or attach a site drawing)
SE F�,, 4rra-c.Ak i-P
WAIVER SECTION �� A-
I understand that a pier, dock, mooring pilings, boat ramp, breakw ter, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement. )e
I do not wish to waive the 15' setback requirement.
Owner
A4's -ldr2 no
Print or Type Name
27os Mlboh
Date
(Adjacent Property Owner Information)
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email address Telephone Number/email address
/ire• RECEIVED
*Valid for one calendar year after signature' (ReOWd A*. R014) 7 2020
DCM WILMINGTON, NC

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CAROLINA FINANCIAL ADVISORS
COMPREHENSIVE FINANCIAL MANASENENT
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RECEIVED
SEP 17 2020
DCM WILMINGTON, Nc

Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 28411
September 9, 2020
Barren. Inlet Homeowners Association Delivery Via Certified Mail
C/O Edwin & Sharon Jones
6706 Barren Inlet Road
Wilmington, NC 28411
Dear Barren Inlet Homeowners Association:
Aviron Homeowners Association is applying for a CAMA Major permit to dismantle and reconstruct a
portion of their existing dock on Howe Creek in Wilmington, NC. This property is located at 2700 Middle
Sound Loop Road, Wilmington, NC. The specifics of the proposed work are in the enclosed application
forms and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development in order to give you the.opportunity to comment on the project. Please review the
attached permit application and drawings.
Should you have any objections to this proposal, please send your written comments to Division of
Coastal Management,127 Cardinal Drive Ext., Wilmington, NC'27405 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 your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 336-944-5001 or email me at
[e-mail] .
Sincerely,.
Christopher Jones
Aviron Homeowners Member
Enclosures
RECEIVED
SEP 1-72020
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to 240i rorl 44%EdWrr EttJ t n. 's
(Name of Property Owner)
property located at Too n1.aDIF &"Mn l~c0 PO
/ (Address, Lot BIpck o d, etc.)
on f WW E �2�r: K , in NU.J /4ndue/ �dmry N.C.
(Waterbody) (City/Town and/or County)
The applicant has described to me, as shown below, the development proposed at the above
location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill In description below or attach a site drawing)
WAIVER SECTION ///r4-
I understand that a pier, dock, mooring pilings, boat ramp, breakwa er, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
Information) (Adjacent Property Owner Information)
Jti_7kZ 1N a ONES
Print or Type Name o2 70.s fT71 bJ i C --(MAD �� Qy
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Valid for one calendar year after signature`
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RECEIVED
SEP 17 2020
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DCM WILMINGTON, NC

CAROLINA FINANCIAL ADVISORS
COMPREHENSIVE FINANCIAL MANAGEMENT
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RECEIVED
SEP 17 2020
DCM WILMINGTON, NC

Aviron Homeowners Association
2705 Middle Sound Loop Rd
Wilmington, NC 29411
September 14, 2070
Katharine Elks
Division of Coastal management
127 Cardinal Drive Ext
Wilmington, NC 28QS
Re: Aviron Homeowners Major Permit Application
As a part of our application we are required to notify the adjacent property owners of the Major permit
application. Enclosed is the signed ADJACENT IRPARIAN PROPERTY OWNER STATEMENTfor the Barren
Inlet Homeowners Association, the certified mailing receipts for both property owners as well as copies
of the original transmittal letters, proposed changes to the pier and docks, and the original unsigned
OWNER STATEMENTS sent to them via certified mail.
In the original initiation of this process one of the adjacent property owners, Gary Hurley, had expressed
some concerns about the width of the channel. I personally delivered the proposed changes over the
Labor Day weekend and reviewed them with him. I also offered to go with him and re -measure the
depths we recorded. He has not taken me up on the offer, but he did acknowledge that the channel was
wide in front of our pier. We are fortunate that for this permit application process the channel is
unusually wide at this point at approximately 60 feet at low tide beyond the proposed extension of our
docks. There will be no obstruction of any vessel moving through the creek at that point.
If you have any questions on this project, please call me at 336-944-5001 or email me at
Chrislo nes @Carolina Hna nclalAdviso rs.Com.
Si r 1
rs
chrls[op Jones
Aviron Homeowners Membe RECEIVED
Enclosures
OCT 2 9

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nI have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Irrdlyldual proposing development must fill In description below or attach a site drawing/
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WAIVER SECTION
understand that a pier, dock, mooring pilings, boat ramp, bran waiter, boathouse, lift, or groin
must be set back a minimum distance of 15' hom my area of riparian access unless waived by
me. (If you wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
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October 2, 2020
RECEIVED
OCT 0 5 2020
Dear Division of Coastal Management: DCM WILMINGTON, NC
My name's Gary Hurley, and I am writing you about the CAMA Major permit to dismantle and
reconstruct a portion of the dock for the Aviron Homeowners Association (2704 Middle Sound
Loop Road). I received a letter of notice in the mail (second letter, as I received one back in
May) because I am one of the riparian property owners to the project (I live at 6661 Sylvan
Lane). I am writing because I have some concerns over this proposed project.
If the Aviron Homeowners Association is allowed to extend their pier past the oyster rocks that
currently sit at the furthest reach of their existing pier, and then add a ramp to a floating dock
with room for two mechanical boat lifts off of either one or both sides of the new floating dock,
then I believe the extended pier with ramp and floating dock and boat lifts and boats will choke
other boats' ability to navigate past the new structure, perhaps at any tide but especially at low
tide.
I didn't do a tape measurement, but by my estimate there is roughly 60-70 feet from the edge of
the oyster rocks to the bank on the other side of the creek at MLW. The schematic they sent in
the mail lists the space as 90 feet at MLW, but I question this number and think it should be
verified and/or re -measured.
The problem with the new proposal, as I see it, would be that the new pier would have to extend
beyond or at least to the edge of the oyster rocks (perhaps already subtracting from the 60-70 feet
or so of water at MLW), and then a ramp would extend out to the floating dock (extend
approximately 12 feet or so to make room to install mechanical lifts on the shore side of the
floating dock with room for boats?), and then there's 4 feet of width of floating dock, and then
extend out for two more mechanical lifts on the far side of the floating dock (another 12 feet or
so?).
My quick math has their new proposal extending out and taking up about 28 feet of the 60-70
feet of the water passage space? There must be some permit restrictions against extending a pier
out 293 feet from land (the old pier at 238 feet and then add the new pier at 55 feet), and then
adding the ramp and floating docks and mechanical lifts (28 feet), while only leaving 3040 feet
of passage space?
Please look, or look again, into the math for how far out the proposed project will go beyond the
oyster rocks, as well as how much space there truly is at MLW between the oyster rocks and the
far bank. I would also like to stay informed on the status of the CAMA Major permit to
dismantle and reconstruct the dock for the Aviron Homeowners Association (2700 Middle Sound
Loop Road). I can best be reached at [phone] or [e-mail].
Thank you,
l
Gary ley
6601 ylvan Lan

Elks, Katharine B
From: [e-mail]
Sent: Monday, October 26, 2020 1:47 PM
To: Elks, Katharine B; 'Jimmy North'; MacPherson, Tara
Subject: [External] RE: Aviron HOA Major
Attachments: Aviron TOP VIEW OF EXISTING AND PROPOSED PIER AND SLIPS.pdf; Hurley email
receipt.pdf; Aviron Elevation View Oct 24 2020.pdf
Katharine -
Attached is an updated top view of the plans with the slips numbered and the existing layout
shown. You had a question about the scale of the plans. I had spent so much time on the width
measurements that I had not paid much attention to the vertical scale. It was a little off and I
have updated this revision to get it to scale. The riparian corridor diagram was to scale and it
shows that we are not close to either boundary or the small channel across the mud flat to the
east.
Also attached is the elevation view all the way out to the channel.
I have gone to great lengths to be as accurate as is humanly possible. This has been quite the
job, even for an accountant. Everything works within the regulations. Granted, we designed it
with those limits in mind so they do butt up close to them. That's not an effort for us to get by
with something, only an effort to fit within the guidelines.
I sent Gary Hurley an email with a delivery receipt which is attached. My wife is friends with
Sharon Jones, no relation to me, the head of the Barren Inlet Association. Sharon had asked
my wife to go to lunch today (on a social outing) and I will have her sign off that she has
received the new plans. I will forward this on to you when I receive it.
I think we are getting closer. Thanks again for the help.
Chris Jones
Aviron Homeowners Association
At A CAROLINA FINANCIAL
O v I S O R S
Christopher Jones, CFP@ CPA CKA®
100 E Lake or Suite 100
RECEIVED
OCT 2 6 2020
OCM WILMINGTON, NC

[e-mail]
From: Mail Delivery System <[e-mail]>
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To: [e-mail]
Subject: Successful Mail Delivery Report
Attachments: details.txt; Message Headers.txt
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RECEIVED
OCT 2 6 2020
DCM WILMINGTON, NC

b BOOK PACE
203% 0 12 8
STATE, OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF PROTECTIVE
COVENANTS OF
AVIRON SUBDIVISION
THIS DECLARATION OF PROTECTIVE COVENANTS, made and
entered into this the PW-1-dayo
wife, Susan L. Johnson, (her nafter re ed to'DEIVELOPER-) t H Johnson and
WI THE S SE TH THAT
WHEREAS. DEVELOPER is the owner of all that rnrlain tract of land known as AVIRON SUBDIVISION located in New Hanover Carolina,
County, Nnrth Catar
and which is mnre particularly described on that map recorded in Map Book Page
167, New Hanauer County Registry; and
WHEREAS, it is the desire of the DEVELOPER to insure the use of said
pa[tropracerlduy enefor altracttve residential purposes only, to prevent the impairment of the
ss of the property, to maintain the desired tone of the community, and
thereby to secure to each lot owner the full benefit and enjoyment of each lot owners
home with no greater restriction upon the free and undisturbed use of each lot than
is necessary to insure the same advantages to the other lot owners;
NOW, THEREFORE, the undersigned does hereby covenant, agree and
declare to and with all persons, (firms or tarpomiums now owning or hereafter
acquiring any property in AVIRON SUBDIVISION, that all of the lots in said
subdivision as shown on a map recorded in Map Book 35, Page 167, of the New
Hanover County Registry, are hereby made subject to the following PROTECTIVE
COVENANTS (hereinafter 'PROTECTIVE COVENANTS'). These PROTECTIVE
COVENANTS shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in and to the real property or any part or parts
thereof subject to this DECLARATION OF PROTECTIVE COVENANTS.
606051
As used hereto,
ARTICLE I
DEFINITIONS
A. 'Articles' means the Articles of the Incorporation of AVIRON
PROPERTY OWNERS'ASSOCIATION, INC
It Association" means and refers to the AVIRON PROPE
OWNERS' ASSOCIATION, INC., a nonprofit North Carolina corporation. RTY
C- The 'Board of Directors- or "Board' shall be the elected Board
goaerlung the Association and managing the affairs of the Association.
D. 'By-laws" means the Bylaws of AVIRON PROPERTY OWNERS'
ASSOCIATION, INC.
E. 'Committee' means the Architectural Control Committee the
AVIRON PROPERTY OWNERS' ASSOCIATION, INC.
Retumed To 11 TVC•i h
422633
�x/l tF3�
err,^�,051` AHO VERIfI
AtFcEIVED
N.3Y SUE OCT'_ py 2�20
RE"•IST r, c =F DEE,b AUG 2 5
GEVI HANOVER CO. NC
-96MM29 fl IJOWILMINGTON,

BOOR PAGE
203% 0130
COB. Any dwelling constructed on a Lot subject to these PROTECTIVE
VENANTS shall contain not less than 1800square feet of fully enclosed and heated
Raor space all devoted to living purposes (exclusive of roofed or unroofed porches,
breezeways,. terraces, garages and any outbuildings), and in addition not less than
1000 square feet on the first level of structures in excess Of One story. The minimum
first level area referred to herein shall not inchwe basements -attached or detached
garages, unheated areas„carports or open porches c f dny type. All Lots am subject /o
the State of North Carolina rules and regulations concerning stormwater runoff as
these rules 'and regulations are amended from time to time. These regulations
currently provide that each Lot will be restricted to twenty-five percent (25%) ofthe lot
as built upon area including impervious surfaces such as foundation; structures;
pavement; concrete; driveways, including that portion of the driveway located within
a street right-of-way, which runs from the property line to,the road Patrement; and
walkways or patios of brick, stone or slate, and gravel, marl or stone covered areas,
not including wood decking or the water surface of swimming Pools. DEVELOPER
reserves the right to recalculate the'mazimum'allowable built upon area inaccordanc¢
t with the storm water runoff rules and regulations of the State olNorth Carolina. -All
dmiwge swales or dmirsoge patterns used to treat siormuialer runoff as required by
the State of North Carolina may not be filled in, Piped orchanged without the consent
of the DEVELOPER, its designee, the Association" or the State ofNorM Carolina and
shall be maintained as set forth in Article 9.D.'hemin.� The State of North Carohna_'
is hereby made a beaefrciary: of these PROTECTIVE COVENANTS to the etunL
necessary to enforce its stormwater runoff regulations as the same may be amended '
from iime to tine- This paragraph cannot be changed or deleted without the consent
of the Slate ofNorlh Carolina. -
C. ,^ No building an a Lot shall be located nearer to either sideline of
such Lot or nearer to the rear line thereof or nearer to the front thereof than the
building setback,. linesapproved' by DEVELOPER in acrordance with Article 10
heminbelow. For the purposes of this couenant,.eaues and stoops shall not be
considered as apart of a 'building;Provided, however, this shall not be construed to
s deemed to permit encroachment of any .impiovemem onto .another Lot. No
swimmingpool on any Lot shall be krated nearer than twenty (20) feet frim'the side
or rear Lot lines. No aboveground swimming pool shall be allowed The minimum
setback lines described heminabove are not,intended to create uniformity of setback.
They are meant to create. a sense of spaciousness and to avoid monotony. For such .
purposes it is the DEVELOPERS intent that setback.liries may be staggered where
appropriate.
No Lot or Lots. shallbe subdivided or combined to enlarge 9 Lot., .
E. 'Alf plumbing fixtures and sources of sewerage located on a Loi'.
shall be connected to an individual septic tank or other sewer system located upon
such Lot 'and approved by the approprtate governments( aulltorities .and the
DEVELOPER. Each such apProued individaal septic"t°nk orseu ho"er rem shalCbe
maintained in ,goad and pioper Working crier Gad condition by the Owner in ..
4ttnrda+ttewiththerequiemenuofgovernmental authorities hpbingjurisdiction:No .
outside toilet shall be constructed or permitted on any Lot except during construction
as herein expressly Provided, ..
'F. . Construction activity on a Lot shall be confined within the
boundaries of said Lot. Each Lot Owner shalt have the obligation to collect and
dispose of all rubbish and trash resulting from eonstraction on his Lot,
,G. All Lorsshdlbewell maintained and naaccumuladimofrubbish..
or debris shall bepermitted The sion
dtSuBvi
Owners ofallunbuitt upori'Lots in ihr .
shalt clew their Lots of underbrush at Least onetime each year. if the a Subs vi not .
clear eheirWas required by this pamgroph, the Association shall have the authority ... to clear any such Lot of underbrush and separately assess t cost �of' such work
HECEIVED
AUG 2 5 2020
.DCM WILMINGTON, NC

BOOK; PACE
2037 0 12 9
F. "Common Areas" means all real and personal property, together
hose ar -Wa
with ts within dedicated portions of the Subdivision, which may be deeded
to or acquired by the Association or not, for the common use and enjoyment of the
members of tP�eAssoctation or in which the owners have a partial or common right or
privilege to u. � and enjoy as provided by these PROTECTIVE COVENANTS as well
as amends er Is hereto. Common Areas specOcally include, but are not limited to,
Private street � and roads, the thirty (30) foot access easement, the ten (10) foot private
pedestrian access easement, (both of which are shown on that map recorded in Map
Book 35, PWg 167, of the New Hanover County Registry), pier and dock facilities for
the boat slips and other areas which may be designated as Common Areas, within the
Subdivision-
G. "Common Expenses" means and includes actual and estimated
expenses of rnainlainmg and operating the Common Areas and operating the
Association for general purposes, including any reasonable mmme, as may be found
necessary and appropriate by the Board of Directors pursaani to these PROTEC77VE
COVENANTS, the Bylaws and the Articles of Incorporation of the Association.
tl. DEVELOPER" means Carol A. Johnson and wife, Susan L.
Johnson, their theirs, successors and assigns or any legal entity acquiring ownership
ofportions of the Development Area hemtojom not dedicated with the intent and for
the purpose oA! further developments.
r- "Lot" shall mean and refer to any one of those four (4) parcels of
real Property which am intended for single family mstdentid purposes only, as set
forth hereinbekw, and which are designated on the map of AVIRON.
'shall mean and refer to
who or whit owm a l� rAVIRON SUBDMSION. h and euuy person and entity
fd. "Owner"shall mean and refer to the owner or holder (by purchase,
devise, inhertrance, decree or otherwise) whether one or more persons or entities, of a
fee simple title to or interest in any Lot, including DEVELOPER, and contract sellers,
bat excluding those having such trderest merely as security for the performance of an
obligation or =he payment of an indebtedness.
r "Subdivision' means all of that real property known collectively as
AVIRON as own on that map recorded in Map Book 35 Page 167, New Hanover
County Reg/ssown
ry.
M77CLE 2
APPLICABILITY
These PROTECTIVE COVENANTS shall apply to all subdivided
numbered LoC_s and other real property shown on the afaresatd plat or map, which
Lots and Property are for residential purposes only. except as otherwise provided
heroin.
AR77CLE 3
RF.STRIC77ONS ON USE AND OCCUPANCY
-4b-. Na Lot shall be used except for single family residential purposes.
No cammercitzl use shall be permitted on any I oi. No structure shall be erected,
Placed or Perrrszued to remain on any Lot other than one (1) detached, single family
residence dweL ling not w exceed two and one-half stones in height above floorar piling
level and such outbuildings as are usually ¢,,,,wary to a single family resedence
dwelling, inc"ding a Private enclosed garage,

BOOK PACE
2037 0130
B. Any dwelling constructed on a Lot subject to these PROTEC77VE
COVENANTS shall contain not less than 1800squarefeet of fully enclosed and heated
floor space all devoted to living purposes (exclusive of roolid or unroofed porches,
breezeways, terraces, garages and any outbuildings), and in addition not less than
1000 square feet on the first leuet of structures in excess of one story. The minimum
first level area referred to herein shall dol include basements, attached or detached
garages, unheated oreas,.carports or open porches of day type: All Lots are subject to
the State of North Carolina rules and regulations concerning stormwawr nemff as
CeRhresrerules and regulations are amended from time to time. These regulations
currently provide that each Lot will be restricted to twenty-ftue percent (25%) alyd, lot
as built upon area including impervious surfaces such as foundation; structures; pavement; concrete; driueways, including that portion of the driveway located within a street right-of-way, which runs from the property line to the road pavement, and
walkways or patios of brick, stone or slate, and gravel, marl or stone covered areas, not including wood decking or the water surface of swimming pools. DEVELOPER
reserves the right to recalculate the maximum allowable built upon ores in accordance
with the storm water runoff rules and regulations of the State QfXorth Carolina. All
drainage swales or drainage patterns used to treatstormwater rum¢f as required by
the State of North Carolina may not he filled in, piped or changed without the consent
of the DEVELOPER, its designee, the Association, or the State of North Carolina and
shall be maintained as set forth in Article 9.D. herein. The State of North Carolina
is hereby made a benefwiaU of these PROTECTIVE COVENANTS to the extent necessary to enforce its stormwater rumf f regulations as the same m¢y, ye amended
from time to time. 774s paragraph cannot be changed or deleted without Ike consent
of the Saw of North Carolina. -
C. No building on a Lot shall be located nearer to either side line of
such Lot or nearer to the rear line thereof or nearer to the front thereof than the
building setback lines approved by DEVELOPER in acrordance with Article ]0
hereinbelow. For the purposes of this covenant, eaves and sloops shall not be -
considered as a part of a building; provided, however, this shall not be construed to
be deemed to permit eneraochntem of any improvement -onto another Lot No
swimming pool on,any Lot shall be located nearer than twenty (20) feet from the side
r or rear Lot lines., No above ground swimming pool.shall be allowed 77teminimum setback lines describedhereinabove are not intended to mate uniformity ofsetback.
i
They are meant to create a, sense of spaciousness and to avoid monotony. For such
purposes it is the DEVELOPERS. intent that setback lilies maybe staggered where
appropriate.
D..- Na:Lot or Lots.s Ube sub'diuided or combined i enlarge a.Lot
E. • All plumbing fixtures and sources afseweroge located on a Lot
shalt be connected to an individual septic tank or other sewer system located upon
such Lot and ,approved by the 'appropriate governmental .authorities and he.
DEVELOPER Each such approved individual Septic tank or sewer system Shan be,
maintained in good and proper working order and condition by the Owner in
accordance with the requirements ofgaverdmental authorit(es havingjarisdiction. No
outside toilet shall be constructed or permitted on any Lot except. during construction
as herein exPressly, provided .. . ,
boundaries o said�nstroction activity on 6 Lot shall be mrtfiited-within the
I Lot Each Lot Owner shall have the obligation to called and
dispose ofaU rubbish and trash resulting from construction on his Lot.
G. . All Lots shall be well maintained and no accumulation of rubbish
or debris shall be Permileed The Owners of all unbuilt upon LOU In
Subdivision
shall clear their Lots of underbrush at least one time each year. If the Ownersdanot
clear tlirir Lot as required by this paragraph; the Association shall have the authority to clear any such Lm of underbrush and separately assess the oust o such work
RECEIVED
AUG 2 5 2RO
.DCM WILMINGTON, NC

r—F✓;�o� n.aowHkes Ste'
To Castle Hayne To Goldsboro To Raleigh c B Jacksonville
__ 17 09 132 MURRYVILLE
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AUG
'EX6_41'431 T— 1 _ DCM WILMINGTON, NC

Jlmmy North <[e-mail]>
r
IN
7
Junmy North yunrnvmnodh(d)gmaif.com>
To kethenrw elks(ancdenr.gov
To CAM1A
From, Jimmy North
The project proponent hereby certifies that all information contained
harem is true, accurate,
and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority
review and take action
on the CWA 401 certification within the applicable reasonable period of time.
Thank you,
Jimmy North
Tue. Sep 29, 2020 at 9:1 S At
RECEIVED
SEP 2 9 Zog
DCM WILMINGTON, NC

Jimmy North ijimmymnorth ftmail.com {
FGC:
Jimmy North <[e-mail]>
To- ksthannc.elksCq)ncdenr.gov
To: CANIA
From; Jimmy North
The project proponent hereby certifies that all information contained
herein is true, accurate,
and complete to the best of my knowledge and belief.
the project proponent hereby requests that the certifying authority
review and take action
Lin the CWA 401 certification within the applicable reasonable period of time.
Thank you,
Jimmy North
Y} ,
Tue, Sep 29, 2020 at 9:15
RECEIVED
SEP 2 9 2020.
DCM WILMINGTON, NC.
d�!

Illl�llld ll�I �I� � � III�III I�III
2011022362
Prepared by:
Clark, Newton & Evans, P A.
509 Princess Street, Wilmington, NC 28401
WITHOUT TITLE OPINION OR TAX ADVICE
Desc: /Lt4 Aviron PIN: R05108003004000
✓ if checked, the property includes
the primary residence of at least one of the
parties defined as Grantor (NCGS 5105-317.2)
NORTH CAROLINA
5FOR REGISTRATION REGISTER OF DEED'
JENNIFER H MACNEISH
NEW HANOVER COUNTY, NC
2011 AUG 11 03 02 31 PM
U 5580 PG 2959-2962 FEE $25 00
NC REV STAMP $3,900 00
INSiRUU 12@11ME
Return to?�BAILEY & BUSBY
W I1rwtt iti
COUNTY OF NEW HANOVER GENERAL WARRANTY DEED
REV. $' 311 0 ?
THIS DEED, made this the 16 day of August, 2011, by and between ROBERT G.
BRADY, whose mailing address is 2209 Circle Bay West, Wilmington, NC 28405, an
unmarred man, and LINDA A. BRADY, an unmarred woman, Grantor, and MICHAEL S.
LENT%�twhose mailing address is 10 �eGNt6bV U� �I +Q+t a„y N1 0 iRg'I , Grantee,
The designations Grantor and Grantee as used herem shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as
required by context t ( W rnf m A)
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 that certain lot or parcel of land situated in New
Hanover County, North Carolina, and more particularly described as follows
KNOWN AS 2709 Middle Sound Loop Rd., Wilmington, NC, 28411, and
BEING all of Lot 4, Aviron, as shown on plat recorded in Map Book 36,
Page 93, New Hanover County Registry.
This conveyance is made pursuant to that domestic "Mediated Settlement Agreement
Order" filed 24 May, 2011, in the Office of the Clerk of Superior Court, New Hanover Cou
North Carolina for the division of manta 210e4ty, /
OCT 2 9 2020 OCT 3 Ozu
DCM WILMINGTON, NC iCC,� NGTON, NC

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple '
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in
fee simple, has the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever except for the exceptions hereinafter stated•
I Ad valorem taxes.for 2011 and subsequent years,
2 Raghts of way and easements of record, if any,
3 Zoning and/or subdivision ordinances and regulations, if any; and
4 Restrictive covenants of record, if any
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the
manner prescribed by law, as of the day and year first above written
NEW HANOVER COUNTY, STATE OF NORTH CAROLINA
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
purpose stated therein and in the capacity indicated: Robert G. Brady
Date: August G �, 2011
tONI I I D����i/,
a
z R Notary Public
�(Tt,IY 1A ti11 I ;y)r�
Notary's Printed or Typed Name
My c�"ssion expires:
/1111 It

NEW HANOVER COUNTY, STATE OF NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each
acknowledging to we that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Linda A. Brady
Date:
=m: v
oAl
�, J /Notary Public
r/1 C i l i i N���\\ ZU l N� ry's PrintedTyped Name
My commission expires:
RECEIVED
0 C T 24 °1,21
DCM WiLMINGTON, NC

JENNIFER H MACNEISH
REGISTER OF DEEDS JNEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 2B401
t.1aa uwuuwww...ww.....aawta.aaw.nw... .... w... I.......wa.. w....w.w.....wu. ...u.w.wwlaawuaa......ww.ww•tl
Filed For Registration, 08/1712011 03.02 37 PM
Book: RE 5580 Page: 2959-2962
Document No., 2011022362
4 PGS $25 00
NC REAL ESTATE EXCISE TAX: $3,900 00
Recorder JOHNSON, CAROLYN
State of North Carolina, County.of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2011022362*
2011022362

Tammy Theusch Beasley
Register of Deeds
New Hanover County, NC
Electronically Recorded
2013 Sep 24 09:21 AM RE Excise Tax$1,400.00
Book: 5771 Page:1518 Fee: $26.00
Instrument Numbec2013034480
. Non -Standard Fee: $0.00
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax $1400.00 J A 6
Parcel Identifier No. R0510&003-003-000
Property Address: 2705 hfddle Sound I R_ d tiXrl �g r n17
S0 Prepared By: Baker & Colby, PLLC
00 0i Return to: 1001 Military Cutoff Rd., Suite 204
0
IXUmington, NC 28405
cBrief Description for the Index LOT 3, Aviron Subdivision
N
THIS DEED made this I s r h day of S f D h M j7t r 2013, b7 and between
ran ewm�o
Debbie A Foote aka Deborah AFoote and
husband, Barry Foote
Mailing Address: 92 Lassiter Pond Rout
Smithfield, NC 27577
Christopher Jones and wife, Elizabeth Jones.
Mailing Address: 2705 Middle Sound Loop Road
Wilmington, NC 28411
The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context
WITNESSETI-, 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 foe simple all that
certain lot or parcel of ]and situated in the City of Wilmington, New Hanover County, North Carolina and more
particularly described as follows:
BEING ALL OF LOT 3, AVIRON SUBDIVISION, AS SUCH LOT IS MORE PARTICULARLY SHOWN
AND DESCRIBED ON THAT MAP ENTITLED REVISED MAP OF AVIRON AND RECORDED BV
MAP BOOB 36, PAGE 93 OF THE NEW HANOVER COUNTY REGISTRY.
[PARCEL ID: R05108-003-003-000]
RECEIVE[' "
The property hereinabo've described was acquired by Grantor by instrument recorded in Book P� �-
45 Dag2 p'
A map showing the above described property is recorded in Plat Book.0 6T ' " " J
submitted electronically by "Baker & Colby, cue"
1-MINGTON, ;'-2
In compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the tight to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions:
Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and
to the provisions of all applicable restrictive covenants and utility easements of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing
year
as of the day and yeafirst above written.
Al LeWU�
!� EAL)
Cr7 5�eb6ie A. Foote
This' .pr6Ztty is is n _ my primary residence
C (SEAL)
,+� Foote /
Mims property is ✓ is not_ my primary residence
W "
Pt„�Af�OVQf County - Stateof North ecj^Abng'
I certify that the following petson(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
Purpose stated.therein and in the capadtq MA
red Barry Foote and Debbie A Foote
Dated: u li v v-
going Cerdficate(s) of is/are certified
orrect. This instrument and this certificate are duly registered at the date and time and in the Book and Page
on the first page.heteof.
' Register of Deeds fox County
Deputy/Assistant — Register of Deeds

NC Division of Coastal Management
Major Permit Application Computer Sheet
Initial date
Avi►on HOA c/o Christopher Jones
Sound Loop
.received as
Permit Authorization: CAMA 0 Dredge & Fill OBoth
SITE DESCRIPTIONIPERMIT INFORMATION
AEC: Howe Creek
Fee:$250 #23500
CDAITS MHC cc
ORW: es No PNA: Yes No
Photos Taken: Yes P9 No❑
Setback Required (riparian): Yes No
Critical Habitat: s WNo LjNot Sure
15 toot waiver obtained: Yes [) No
Hazard Nottficafion Returned:
✓
[]Yes [91No
SAV: Yes PNo Not Sure
Shell Bottom: ❑Yes V3No ❑ Not
Temporary Impacts: Yes WNo
Sure
Sandbags: Yes o Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: jWYes []No
❑Yes EJNo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes NNo ❑NA
❑Yes ❑No E2NA
315 FT.
Shellfish Area Desk nation:
Project Description: (code)
Development Area: (code)
Open -or Close
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
Swamp Waters(SW)
High Quality Waters (HQW)
Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Lim onium sp.)
(SS) Glesswort ( Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgress (Spartina
❑ (SY) Salt reed grass (Spartina
altemillora)
cynosuroides)
• (DS) Safi or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
SO
(JR) Black needlerush (Juncos
(SP) Saft/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
Elre; No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 ac3490
111(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ 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/ D8F to 1
Express Permit - $2000
acre; 4144 can be applied - $400
Major development extension request -
II. Public or commercial/no dredge
$100
and/or fig-$400
I. Private no dredge and/or fill - $250
III(C) Priv. public W corm w ID&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400

Aviron HOA
Date: 08-25-20
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
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
P„
1
New Work
Maint❑
Replace
❑Y BN
r
r
r r^
J
New Work
Maint ❑
Replace
❑ Y GE N
New Work
Replace
n
Maint ❑
❑ Y E• N
(�
3
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
[:]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 Fast
FINAL Feet
(Applled 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
temp impacts)
impact amount)
tenrp impacts)
amount
Q
Dredge ❑ Fill ❑ Both ❑ Other J4
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fig ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ F@ ❑ Both ❑ Other ❑
Dredge ❑ Fig ❑ Both ❑ Other ❑
919-733-2293 :: 1-888-4RCOAST:: www.nccoaslal-management. net revised: 02126/18

Major Permit Fee Schedule
Project Name: Pv \vow IlND 6
('V"Zo " A&'LS
County: N-W
Check No & Amount.
a-�600 11a-Sv
DCM %
DWQ %
Development Type
Fee
(14300160143510009316266253)
(2430016024351000952341)
1. Private, non-commercial development
that does not involve the filling or
F15)
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
S400
100% ($400)
0% ($G)
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
S250
100% ($250)
0% ($0)
Certification No. 4175 can be applied-.
III(B) - Public or commercial development,
it General Water Quality Certification
$400
100% ($400)
0% (SO)
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 concems related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannOt bo applied.
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands andlor open water areas.

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
10/1/2020
Coastal Marine
Aviron HOA
Wells
23500
$250.00
Major Fee, 2700 Middle Sound
KE rct.
Piers Bulkheads LLC
Fargo
Loop, Wilmington NHCO NO Split
10788

DCM Coordinator: Curt Weychert
Circle o : Bio R / Permit for:
Oversize Plans sent: Nlk
WIRO E-MAIL DISTRIBUTION SHEET
Ail " 1 Iv ✓-I"
County: N
Permit#:
DCM Offices:
Morehead City: PT (if oversize) via Courier
N
'cc Curt & Amanda on group email w/ 0io.narr.app.drawings, deed, comment sheet
'MHC documents (Curt & Amanda)
Wilmington: Original hard -copy
vz—
ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: Carteret Cc): PN, CL, Reports, Split Sheet
use bothIN r5reg
[e-mail] (NH/BR): PN, CL, Reports, Split Sheet
Currey (NH/BR: PN, CL, Reports, Split SheetDiv of Water Resources: bb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _
�401 (PN/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
DCM Planner/WiRO:
✓Rim Harding
"Mike Christenbury _
Cultural Resources:
✓Reenee Gledhill -Earley Environmental.ReviewOncdenraov
Natural Heritage Prog.
Rodney Butler
DCA-Rural Eco. Dev:
ark Ziegler
NC DOT:
DDaAvid Harris _
Wildlife Resources:
✓Maria Dunn w/Reports
State Property Office:
-I iyn/Walton: DEED
2Moser
da Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
de my Humphrey (Bio) / Si�RI) _
I� aron Gupton, Admin.
DEMLR:
Hall - Stormwater Section
'faar Sams - Land Quality Section _
'far
Public Water Supply:
ti.Aeicli Cox
City of Wilmington:
Enforcement:
Co. LPO
✓/FiieellddRRje/p: Y� ao—,vie CIKS
~v"r' 171 tN�S r{AVt��
Agent:
DISTRIBUTED: lA
Updated 10/01/20 CAMA/Shaun majors docs/e Agency List

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