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127-21 Bay House LLC
Permit Class NEW PCrmit NLill) hcr 127-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrmtt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Bay House LLC., 2319 Lake Dr., Raleigh, NC 27609 Authorizing development in New Hanover County at adi. to Banks Channel. at 127 Beach Rd. South, on Figure Eight Island , as requested in the permittee's application dated 6/16/21, including attached workplan drawings (5), Sheets 1-5 of 5 all dated 6/16/21. This permit, issued on September 22, 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 rr mese terms may De su eject to nnes, imprisonment or civil action; or may cause me permit to ue nuu ana vora. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. (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 December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_///71Z�� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Bay House LLC. ADDITIONAL CONDITIONS Permit No.127-21 Page 2 of 3 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) This permit does not authorize any excavation waterward of the approved alignment. 8) The fill material shall be clean and free of any pollutants except in trace quantities. 9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 10) No backfill material is to be placed within 30 feet of the mean high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 11) All fill material to be placed below mean high-water level shall be confined behind the permitted bulkhead. Docking Facility Expansion 12) This permit authorizes only the demolition of the existing docking facility and the construction of the docks, piers, boat lifts and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 13) 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. 14) This permit authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at this docking facility. 15) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 16) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. USACE Conditions 17) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htti)s://www.fws.gov/raleigh/l)dfs/ManateeGuidelines2Ol7.pd Bay House LLC. ADDITIONAL CONDITIONS Sedimentation and Erosion Control Permit No. 127-21 Page 3 of 3 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 20) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 21) 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. 22) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in appropriate waste receptacles in an upland location. 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 and 197800080 (Action ID SAW-2021-01513). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-1116. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: aox"4% Type: (Check all that apply) New _ / Major Mod __ _- Permit# Permit Coordinator: hod AAr- Field Representative: -'-Iks Date Time 71,09041 7(ZZ4( CH41-�J Lwl ev,e•t„,,/S ('A �,v �rc�k ttJ,,(w 731� z Minor Mod _ Renewal Transfer Message received ;A M HC --Yt DCM Coordinator: 7jCJ�ti� Permit #: 1 Z7_Z MAILING DISTRIBUTION SHEET Permittee: DCM Field Offices A(C Z �g Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: (4*(9 Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan .'ja Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider —401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: /�Wl•G1ficCl� (NCDOT) Travis Wilson 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12I27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name Project Name (if applicable) Bay House LLC 127 Beach Road South Applicant 1: First Name MI Last Name Hall Na Barnett Applicant 2: First Name MI Last Name nla n/a n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 2319 Lake Drive Raleigh NC ZIP Country Phone No. FAX No. 27609 USA 919-632-6506 n/a Street Address (if different from above) City Stale ZIP project street address: 127 Beach Road South wlmington NC 28411 Email hfb n�barne.tturonertiesllc.com : hfb,4tbarnettprop.com 2. AgentlContractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Andy n/a Dortch Agent/ Contractor 2: First Name MI Last Name Greg rile Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. n/a We ext. n/a FAX No. Contractor M 910452-0060 n/a Street Address (if d+Herent from above) City State ZIP NA Email RECEIVED adoitch.a Imaroup.net, ofinch(jZlmgroup.net JUN 21 20 Application for Major Development Permit —June 2021 RECEIVED ^6AA VYILMINGTON. NC 127 Beach Road South JUL 14 2021 Wilmington, New Hanover County, North Carolina 1 DCM-MHD CITY 3. Project Location County (can be multiple) Street Address State Rd. S New Hanover 127 Beach Road South n/a Subdivision Name city State Zip Figure 8 Island Wilmington NC 28411 Phone No. Lot No.(s) (d many, attach addiional page with list) We NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Banks Channel c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. Figure 8 Island / New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 118'@MHW 0.6+/- acres C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a NWL (normal water level) (/many lot sizes, please attach additional page with a list) 0-15, ®NHW or ❑NWL e. Vegetation on tract Typical coastal shrubs and trees exist on the tract. f. Man-made features and uses now on tract. There is a single-family residence currently located on the property. There is an existing riprap shoreline stabilization constructed under an unknown permit number. There is also an existing partial upland platform, fixed pier, and'L' shaped floating dock constructed under an unknown CAMA Permit number to be removed. There are no other piers or docking facilities currently located on the property. g. Identify and describe the existing land uses ad ace to the proposed project site. Residential homes and docking facilities. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20S (Attach zoning compliance certificate, if applicable) ®Yea ONO ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? It yes, attach a copy. ❑Yea ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No DNA Register listed or eligible property? JUN 21 ?.0?l RECEIVED Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina JUL 14 2021 2 DCM-MHD CITY m. (i) Are there wetlands on the site? (Ii) Are there coastal wetlands on the site? ❑Yes ®No []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, it available) DCM STAFF CONFIRMED ABSENCE OF COASTAL WETLANDS n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Wit the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemmenl NPrivalelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to stabilize uplands with a bulkhead, install a partial upland platform, and install a fixed access pier with 'U' shaped floating dock to provide enhanced water access to the property. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where a is to be stored. Typical bulkhead, dock, and platform construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. The applicant proposes removal of the existing docking facility, platform, and a portion of the upland access walkway. The applicant proposes construction of a floating dock with access ramp and fixed pier, partial upland platform with fish cleaning station, benches and access stairs, and replacement of the upland access walkway. The proposed floating dock will have a 'U' shape and measure 8' wide x 40' long with (2) 6' wide x 32' long floating finger piers. Two 13' x 13' boallifts are proposed within the'U' shaped floating dock, and two temporary wet tie slips are proposed on the outside of the'U' shaped floating dock. The proposed fixed pier will measure 6' wide x 38' long and contain a partial upland approximate 12' wide x 12' long platform that contains access stairs, benches, and a fish cleaning station. A proposed replacement upland walkway will tie into the existing walkway and measure 4' wide x approximately 25' long to access the platform. Due to upland erosion, a 1' wide x approximately 114' long vinyl naval style sheet pile with a wooden cap bulkhead is proposed an average of 2' waterward from the Mean High -Water line. The proposed bulkhead will create a vacant area to be backfilled with approximately 68 cubic yards of sand from a sand mine or upland source and will tie to adjacent bulkheads. It should be noted that the current shoreline is riprap and is devoid of coastal wetlands as approved by DCM staff. Length of shoreline at Mean high water is 118'. There is no additional upland work proposed on the property. 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? —187 ®Sq.Ft or ❑Acres for upland bulkhead installation, partial upland platform, and walkway installation g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. REC E I No new discharges. JUN 2 'ED 7021 r.wa-r v rya, , NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina JUL 14 2021 3 DCM-MHD CITY I. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes 014o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yea ®No ❑NA If yes, attach a mitigation proposal. 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is suffidenlly 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. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name 1 JIB LLC Phone No. NA Address PO BOX 9846, GREENSBORO, NC 27429 Name KATSAROS SHARON T OPT TRUST ETAL Phone No. NA Address 125 BEACH ROAD SOUTH, WILMINGTON, NC 28411 Narne Phone No. NA Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Unknown permit numbers, permittees, or issuing dates h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, (f 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 Ad. RECEIVED JUL 14 2021 DCM-MHD CITY Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina RECEIVED JUN 21 2021 DCM WILMINGTON, NC 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the Information provided In this application is truthful to the best of my knowledge. Date: 6/16/2021 Print Name: Andy Dortch. Agent. Land Management Grouo l _ Lwo, Signature _ Please Indicate application attachments pertaining to your proposed project. NDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED JUL 14 2021 DCM-MHD CITY Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina RECEIVED JUN 21 2021 DCM WILMINGTON, NC A 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Other(excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater stabilization) NWL Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. () Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL _ ❑None (if) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ®This section riot applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (1) will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA []Yes []No ❑NA (I!) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlandstmarsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: RECEIVED RECEIVED JUN 2 1 2021 JUL 14 2021 DCM WILMINGTON NC Application for Major Development Permit — June 2021 DCM-MHD CITY 127 Beach Road South Wilmington, New Hanover County, North Carolina 6 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ®bulkhead ❑Riprap ❑Breakwater/Sill 00ther: c. Average distance waterward of NHW or NWL: I e. Type of stabilization material: naval style vinyl sheet pile with sand backfil g. Number of square feet of fill to be placed below water level. Bulkhead backfill: -315 so It Riprap Breakwater/Sill Other 1. Source of fill material: sand mine or upland source b. Length: -1 K Width: t' d. Maximum distance waterward of NHW or NWL: f f. (1) Has there been shoreline erosion during preceding 12 months? ®Yes ONO ❑NA (if) If yes, state amount of erosion and source of erosion amount information. -2' above too of do rap, visual inspection h. Type of fill material. sand 4. OTHER FILL ACTIVITIES SThis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ONO DNA b. (i) Will fill material be placed in coastal wetlandsimarsh (CW), If yes, (if) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. controlled? Bulkhead submerged aquatic vegetation (SAV), shell bottom (5e), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ❑None III) Describe the purpose of the fill in these areas: backhos, or hydraulic di construction equipment c. (I) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project Dyes ONO DNA site? ❑Yes NNo ❑NA (ii) It yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. June 16, 2021 Date 127 Beach Road South Pmjcd Namc Andy Dortch, Agent Land Management Group 'applk2nt Natrx- RECEIVED RECEIVED X-4 Doad .applicant tiimumm DCM-MHD CITY Application for Major Development Permit - June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 7 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 1 - 127 Beach Road South No new buildings. The existing partial upland platform and a portion of the wooden walkway will be removed. A proposed uncovered partial upland platform will measure approximately 12' long x 12' wide and contain access stairs to the sand, a fish cleaning station, and benches. A proposed replacement wooden walkway will measure approximately 25' long x 4' wide. Approximately 4' of the -114' bulkhead will be installed on the southwest upland portion of the property. There is no additional upland work proposed on the property. c. Density (give the number of residential units and the units per acre). 1 existing residential unit e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes []No ®NA (it) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. WA j. Describe proposed method of sewage disposal. Municipal I. Describe location and type of proposed discharges to waters of the state (e.g.. surface runoff, sanitary wastewater, industriall commercial effluent, 'wash down" and residential discharges). N/A d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. -183 sq ft for installation of partial upland platform and walkway; -170 sq ft for removal of existing partial upland platform and walkway I. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. N/A h. Projects that require a CAMA Major Development Permit may also require a Stonnwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? []Yes ®No ❑NA If yes, attach appropriate documentation. Fiaure 8 HOA reauires an approved CAMA permit before internal review m. Does the proposed project include an innovative stormwater design? RECEIVED Dyes ❑No ®NA It yes, attach appropriate documentation. JUN 21 2021 Application for Major Development Permit - June 2021 UUM RECEIVED ON, NC 127 Beach Road South Wilmington, New Hanover County, North Carolina 8 JUL 14 2021 OCM-MHD CITY m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Municipal c. When was the lot(s) planed and recorded? Oct 17. 1972; Plat B13 P47 June 16, 2021 Date 127 Beach Road South Proimt Name Andy Dortch, Agent Land Management Group Applicant Name li Dill Applicant Signature Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina n. (i) Will water be impounded? ❑Yes ❑No ®NA (it) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be Installed for this upland development? Dyes ❑No ®NA RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED JUN 2 1 2021 DCM WILMINGTON, NC 0 4. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (I) Is the docking facility/madna: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublGGovemment ®Private/Community []Yes ONO c. (I) Dock(s) and/or pier(s) (t) Number 1 Fixed Pier, 1 Floatino Dock (m)Length 38':40' (iv) Width 8y8' (v) Floating ®Yes ONO e, (i) Are Platforms included? ®Yes ❑No If yes: (it) Number 1 uncovered partial upland platform with access stairs, benches, and fish cleaning station (iii) Length -12' (iv) Width -12' (v) Floating []Yes ONO Note: Roofed areas are calculated from dnpfine dimensions. g. (i) Number of slips proposed 4 (2 boatfifts and 2 temporary wet slip tie ups) (it) Number of slips existing 3 wet slips i. 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: 30'' m. (I) Will the facility have tie pilings? []Yes ONO (I) If yes number of tie pilings? Application for Major Development Permit -June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina d. (i) Are Finger Piers included? ®Yes []No If yes: (it) Number 2 (attached U shaped design) (iii) Length 32�32' (iv) Width 8y8' (v) Floating ®Yes []No f. (I) Are Boatlifts included? ®Yes []No If yes: (li) Number 2 Proposed boatlifts (iii) Length 13' (iv) Width 13' In. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ( wet slips") only, number of slips: 2 temporary tie up wet slips on outsides of'U' shaped floating dock ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: 2 proposed boatlifts (13' x 13' on center) j. Describe the typical boats to be served(e.g., open runabout, charter boats, sail boats, mixed types). Open runabout, large center console and sportlishing vessels I. (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED JUN 21 2021 DCM WILMINGTON, NC 10 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Descrbe 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. (it) Give the location and number of `Pumpout Available' signs proposed. f. 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. 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 gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? Oyes ONO n. Is the marinaldocking facility proposed within or adjacent to any sheligsh harvesting area? Dyes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL _ ❑None RECEIVED JUN 21 2021 DCM WILMINGTON. NC Application for Major Development Permit —June 2021 RECEIVED 127 Beach Road South Wilmington, New Hanover County, North Carolina JUL 14 2021 11 DCM-MHD CITE' p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse slructure(s): [-]Commercial ❑PublictGovernment ❑Private/Community (ii) Number (iii) Length _ (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If rock groin, use MP-2, Excavation and Fitt) ®This section not applicable a. (1) Number (it) Length (iii) Width 5. BREAKWATER (e.g., wood, sheeipme, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6 MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community C. Distance to be placed beyond shoreline Nate: This should be measured from marsh edge, if present. e. Arc of the swing Application for Major Development Permit — June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina ®This section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED JUL 14 2021 DOM-MI-iD CITY RECEIVE ) JUN 21 2021 DCM WILMINGTON, NC 12 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structures) to adjacent docking facilities. —36 northeast riparian corridor; —29' southwest riparian —46' northeast docking facility; —45' southwest docking corridor facility Alote: For buoy or mooring piling, use arc of swing including length ofvessel. C. Width of water body —290' e. (I) Will navigational aids be required as a result of the project? ❑Yes ONO DNA (it) If yes, explain what type and how they will be implemented. NA d. Water depth st walerward end of structure at NLW or NWL —7' NLW exislino 8. OTHER ®This section riot applicable a. Give complete description: June 16, 2021 D,« 127 Beach Road South Prujeet Name Andy Dortch, Agent Land Management Group Apphoua Name A414 Applicant Signature RECEIVED JUL 14 2021 DCM-MHD CITY Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina RECEIVED JUN 21 2021 DCM WILMINGTON, NC 13 DECEIVED DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD JUL 14 2021 APPLICANT: Hall Barnet COUNTY: New Hanover DCM-MHD CITY PROJECT NAME: 127 Beach Road South LOCATION OF PROJECT: 127 Beach Road Soulh, adj. to Banks Channel In Wilmington (Figure 8Island) DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-10-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40)02284 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-17-21 END OF NOTICE DATE: 8-7-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 9-23-21 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 7-13-21 STATE DUE DATE: 8-7-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep 7 2- 5 er DCM — LUP Consistency Determination 412I 2 Local Permit Officer Corps of Engineers — Regulatory Branch N L9�L 6P54.4 8o 7�2(—r131 DWR-401 Section &u124 Zo2/ —11p, DWR—Public Water Supply DEMLR — Stormwater DEMLR— Sed and Erosion DOA — State Property Office [( LI Wildlife Resources Commission DMF — Shellfish Section -7 p DMF — Habitat & Enhancement 1j�3�L1 1G DNCR — Archives & History ( L( )e DNCR — Natural Heritage Program NCDOT NC Dept of Commerce (� 7, RECOMMENDATIONS FOR 127 Beach Road South, Barnett, Hall 612512021 Shoreline length = t 10' x 8' = 880 ft2 (maximum allowable) Pier = 6' x 28' =168 ft2 (credit) Fixed platform = (12' x 17) =12' x 6' (over the water) =72 ft2 Proposed floating dock = 8' x 40' = 320 ft2 Proposed floating dock = (2) 6' x 32' =384 ft2 TOTAL = 776 ft2 It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the pierhead line, the eight -square foot rule and the pier width rule. This office has no objection to the proposed work, provided it is consistent with all other local, state, and federal permitting requirements. Additionally, the applicant has existing rip rap shoreline stabilization that appears to be failing, as the bank currently has an erosion escarpment landward of the rock. 15A NCAC 07H.0208 requires that bulkhead alignment shall approximate mean high water or normal water level and shall be landward of significant marshland or marshgrass fringes. It also states that bulkheads shall be permitted below approximate mean high water or normal water level only when the following standards are met; (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. The proposed bulkhead will extend no further below MHW than necessary to construct the bulkhead waterward of the rip rap. The alignment should stabilize the existing erosion problem and should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners because both adjacent properties are already bulkheaded. The alignment would also align with the bulkhead of the northern adjacent property. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for private docking facilities, bulkheads, and upland development. RECEIVED JUL 14 2021 DCM-MHD CITY ROY COOPER Cotmmor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA Environmental Quallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) g regg. b o d n a r(cD N C D E N R.g ov SUBJECT: CAMA/D&F Applicant: Hall Barnett Project Location: 127 Beach Rd. S, adj. to Banks Channel in Wilmington (Figure 8Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatlifts for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Groom Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply R M�IVC® SIGNATURE fgQA �tewro DATE 7-14-21 ju 1 4 2021 North Carolina Department of Environmental miality I DhIslon of Coastal Management Wilmington Olnce 1127 Cardinal Drive Extension I Wimington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) QreaQ. bod nar(aNC DEN R. Q ov SUBJECT: CAMA/D&F Applicant: Hall Barnett Project Location: 127 Beach Rd. S, ad). to Banks Channel in Wilmington (Figure 8 Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatlifts for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE for Shannon Jenkins RECEIVED DATE 07/20/21 J U L 2 0 2021 VVIP SECTION WIND North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 ,c,n+wawoiau 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City,'NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areao. bodnarrrDNCDENR.00V SUBJECT: CAMA/D&F Applicant: Hail Barnett Project Location: 127 Beach Rd. S, ad). to Banks Channel in Wllmington',(Figure a Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boallifts for a total of four (4) slips. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME A4"t,4 b � e- / H v� AGENCY 416 Az in 4.. c, � Go m tin Pv c-i R E @ p EID SIGNATURE °d ✓< p-t a �'�✓ AUG 2 2021 DATE 71�a /2 f FVAIP SECTION MHD North Carolina Department oFEnvironmental Quality I Division of Coastal Management Wilmington Ofll" 127 cardinal Drive Extension I Wilmington, North Carolina 28405 910.7%.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA EnvimnmentatQuattty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greaa.bodnar()NCDENR.00v SUBJECT: CAMA/D&F Applicant: Nall Barnett Project Location: 127 Beach Rd. S, ad). to Banks Channel in Wilmington (Figure 8 Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boalliRs for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnarat the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: V/ 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 �tlU iSki NR__Gu,}{� AGENCY 2u) A PiAwec (9iw6i RECEIVED ED SIGNATURE v JUL 2 8 2021 DATE 2cI ZAZ f� SdrECTION R1u,. D North Carolina Department ofEnviromnental Quality I Division of Coastal Management Wilmington Office 1127Cardinal Drive Extension I Wilmington. North Carolina 28405 o Qy ° °i°d 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director July 13, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) a repo, bodn ar0NCDEN R. Dov SUBJECT: CAMA/D&F Applicant: Hall Barnett Project Location: 127 Beach Rd. S, adj. to Banks Channel in Wilmington (Figure 8Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatlifts for a total of four (4) slips. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only ifthe recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M"7—'(�lxnn AGENCY N M ?- C SIGNATURE DATE -4 -'ZB'2-0`L RECEIVED JUL 282021 MP SECTION RAM North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wiilmington,North Carolina28405 910,796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(MNCDENR.Dov SUBJECT: CAMA/D&F Applicant: Hall Barnett Project Location: 127 Beach Rd. S, ad/. to Banks Channel in Wilmington (Figure 8 Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatliRs for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Three existing slips and Four proposed, totaling 7 slips PRINT NAME Wanda Hilliard AGENCY State_ Property Office F';,EIVED SIGNATURE WIXA -ot-6- UA A b -' fiAzP AUG 4 2021 DATE August 3, 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management NNmington OffIce 1 127 Cardinal Drive Extenslon I Wilmington, North Cm#m 28405 �rr+v� 910.796.7215 Due: 8/13/2021 Received: 8/2/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM: NORTH CAROLINA Environmental Qaaltty ER 21-1869 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(i7G NCDENR.cov SUBJECT: CAMA/D&F Applicant: Hall Barnett NC - SBA 8/9/2021 Project Location: 127 Beach Rd. S, adj. to Banks Channel in Wilmington (Figure 8 Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatlifts for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE 0e,,, YAXdL V DATE 8/12/2021 �QgQp oys�eaweummmomq AUG 1 2 2021 NIP SECTION MH® North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER secretary S. DANIEL SMITH Dlrecror DATE: August 20, 2021 NORTH CAROLINA Envtnwnental Quallry FROM: Holley Snider 1�U NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20211116 No Written Approval Required PROJECT LOCATION: 127 Beach Road South, Wilmington, New Hanover County Barnett Property PROPOSED PROJECT: Installation of a new bulkhead waterward of existing riprap and construction of a docking facility to provide dockage for two (2) vessels. The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request dated received by this office on July 13, 2021. The waters of Topsail and Middle Sound are classified as SA;ORW by the Division of Water Resources (DWR). 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 also obtain and comply with any other federal, state and local requirements including (butnot limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit. 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 (919) 431-3000 for information. RECEIVED AUG 2 6 MP SECTION IV111D North Carolina Department of Environmental Quality I DMslon of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington North Carolina28405 �o•�� /'� 910.796.7215 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4175 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT ACT), • REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS) • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND • WHEN APPLIED TO LAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048, 198700056, 197800080, 19780012E AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4175 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: February 1, 2019 Signed this day: February 1, 2019 By ECEIVLP for Linda Culpepper, Director AUG 2 6 2021 MP SECTION MH® ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAMS Director July 13, 2021 NORTH CAROLINA EhvlronmentalQuallty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) grega.bodnar(aNCDENR.gov SUBJECT: CAMA/D&F Applicant: Half Barnett Project Location: 127 Beach Rd. S, adj. to Banks Channel in Wilmington (Figure 8 Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatlifts for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE /)a%S" e DATE 08/23/2021 ECEIVE AUG 2 3 2021 MP SECTION IRM North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Ofnc91127 Cardinal Drive Extension I Wilmington, North Carolina 28405 mfmommmmummr� 910.796.7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01513 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Hall Barnett Bay House, LLC Address: 2319 Lake Drive Raleigh, NC 27609 Telephone Number: RECEIVED AUG 2 7 2021 Size (acres) Nearest Town Fieure Eieht Island Nearest Waterway Middle Sound River Basin Onslow Bay MHO �tqqL T1 USGSHUC 03020302 Coordinates Latitude:34.2545 iRSE-CTge, 6➢ i911dY� Longitude:-77.7582 Location description: The site is located in a channel within Middle Sound at 127 Beach Road South in Figure Eight Island, New Hanover County, NC. Description of project area and activity: The proposal is to construct a bulkhead in front of the existing rip ran and reconfigure the docking facility to include 2 new boatlifts for a total of 4 slips. The bulkhead will be installed waterward of the existing rip rap, positioned an average of 2' below MHW and a maximum of 5' below MHW. The area behind the bulkhead will be backfilled with approximately 68 cubic yards of clean sand from an upland source to minimize further erosion. A 12' by 12' Platform will span from the upland over the shoreline with a maximum of a 12' by 6' area (72 ft2) waterward of MHW line. A 6' by 28' fixed pier will extend waterward from the platform to an access ramp that leads to a U-shaped floating dock. The ❑oatine dock will include an approximately 8' by 40' Boat positioned parallel with the shoreline with two 6' by 32' long finger piers on each end. The Boatine fineer piers will extend waterward in a position perpendicular to the shoreline. Two 13' by 13' boatlifts will be installed in the interior part of the U-shaped Boats. The installation of the bulkhead will fill 315 sauare feet of estuarine Waters of the US and the docking facility will cover and shade 740 sauare feet of estuarine Waters of the US. The bulkhead is being authorized under Permit RGP-80 and the dock under Permit RGP-56. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 & 197800080 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mommaUmanatee_guidelines.pd SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permits provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached plans and drawings dated June 16, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Greeorv.E.CurrevQusace.armv.mil. GregoryE. Digitally signed Currey Date: 2021.08.26 Corps Regulatory Official: 16.48:47-04-00- Expiration Date of Verification: December 31.2021 A. Determination of Jurisdiction: Date: Aueust 26.2021 @ t= AUG 2 7 2021 NIP SECTION NIHD 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room I OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Gregory E. Digitally signed by GregoryE. Currey Currey Date: 2021.08.26 16:49:36 -04'00' Corps Regulatory Official: Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htto://corpsmapu.usace.army.mil/emapex/f?p=13614:0. Copies furnished by email: Andy Dortch (LMG) Katharine Elks (NC DCM) Gregg Bodnar (NC DCM) Holley Snider (NC DWR) AUG 2 7 2021 f3M-CTION ARM .y.._- .-... 1. Action ID Number: SAW-2021-01513 County: New Hanover County Permittee: Hall Barnett Bay House LLC Project Name: 127 Beach Road South/Hall Barnett Date Verification Issued: August 26, 2021 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date AUG 2 l 2021 P SIE�MHD MEMORANDUM To: Gregg Bodnar S E P 2 1 2021 MP SECTION RAM From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Hall Bennett, New Hanover County Date: September 20, 2021 Consistency Determination: This project is consistent with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include 2 new boatlifts for a total of 4 slips. The project site is located at 127 Beach Road South, adjacent to a man-made canal and Banks Channel, on Figure Eight Island 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 Developed while the AECs impacted by the work are classified as Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However,'none of these standards appear to be applicable to this proposal. This project is consistent with the New Hanover County Comprehensive Land Use Plan. Cc: File DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Hall Barnett, c/o Andy Dortch (Land Management Group) 2. LOCATION OF PROJECT SITE: 127 Beach Road South, Figure Eight Island, New Hanover County. Latitude: 34015' 18.79" N, Longitude: 770 45' 30.99" W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/21/2021 Was Applicant Present - No 5. PROCESSING PROCEDURE: Office - Wilminaton Application Received 6/21/2021 DWR WQC Pre -filing date: 6/10/2021 Application Complete 7/10/2021 Day 30 for WQC Pre -filing 7/10/2021 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 (E) Wastewater Treatment: Existing - N/A Planned - NA (F) Type of Structures: Existing -Private 3 slip docking facility with a floating dock and rip rap stabilized shoreline. Planned - A bulkhead, private 4 slip docking facility, 2 boatlifts, and platform with benches and fish cleaning station. (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 8. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) (B) Non -Vegetated Wetlands (Open water) -315 ft2 -740 ft2(incorporated) (C) Other - High Ground (D) Total Area Disturbed: 1,055 11210.024 acres (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to construct a bulkhead in front of the existing riprap and reconfigure the docking facility to include 2 new boatlifts for a total of 4 slips. {RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED 127 Beach Road South, Barnett, Hall Page Two 9. PROJECT DESCRIPTION JUL 14 2021 DCM-MHD CITY The project site is located at 127 Beach Road South on Figure Eight Island, adjacent to a man-made canal and Banks Channel, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1.3 miles and the project site will be on the right. The property is located near the end of a man-made canal, adjacent to Banks Channel and Middle Sound on the southern end of Figure Eight Island. The 0.58 acre parcel has an existing single family residence and ranges in elevation from approximately 0-15' above normal high water (NHW). Upland vegetation on the property consists of ornamental landscaping and patches of high marsh I dune species located at the edge of the highground. The high marsh vegetation is not tidally connected and consists of sea oxeye (Bofrichia trufescens) and salt meadow grass (Spartina patens). The approximately 110 linear feet of shoreline frontage is currently stabilized by rip rap that is approximately 5-7' wide with 2-3' of the rip rap below mean high water (MHW). The rip rap shoreline appears to be slumping causing a1-2' erosion scarp located landward of the rip rap. The adjacent properties have timber bulkheads. The applicant currently maintains an existing private docking facility that includes a platform that overhangs the rip rap shoreline that leads to an app 6' by 28' access pier. An access ramp extends from the pier onto an L- shaped floating dock. The float positioned perpendicular to the shoreline measures approximately 25' by 6' and the terminal float attached to the end extending northeast measures approximately 6' by 33'. General Permit 22428-D issued on 2/14/2000 authorized maintenance dredging and the replacement of the floating dock. No other permit history was found. Google Earth imagery indicates that the docking facility configuration has remained unchanged since at least 1993. The existing docking facility currently accommodates up to three (3) vessels. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of this canal, Banks Channel, and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a bulkhead in front of the existing riprap and reconfigure the docking facility to include 2 new boatlifts for a total of 4 slips. The applicant proposes to install a bulkhead waterward of the existing rip rap, positioned an average of 2' below MHW and a maximum of 5' below MHW. The proposed bulkhead would align with the adjacent northern bulkhead and would be positioned approximately 8-10' waterward of the adjacent southern bulkhead. There are no areas of Coastal Wetland located waterward of the existing rip rap. The area behind the bulkhead would be backfilled with approximately 68 cubic yards of clean sand from an upland source to minimize further erosion. A 12' by 12' platform would span from the upland over the shoreline with a maximum of a 12' by 6' area waterward of MHW line. The platform would have bench seating, a fish cleaning station, and nearby access stairs down to the water. A 6' by 28' fixed pier would extend waterward from the platform to an access ramp that leads to a U-shaped floating dock. The floating dock would include an approximately 8' by 40' float positioned parallel with the shoreline with two 6' by 32' long finger piers on each end. The floating finger piers would extend waterward in a position perpendicular to the shoreline. Two 13' by 13' boatlifts would be installed in the interior part of the U-shaped floats. A hydrographic survey was conducted by ESP Associates, Inc. on April 27, 2021 that shows the 2' contour line along the landward edge of the 8' by 40' 127 Beach Road South, Barnett, Hall Page Three floating dock (see Drawing 3 of 5). The width of the water body in this area is approximately 290' and the proposed docking facility would extend past the' %, width to a length of 84' but would not extend past the existing pier headline. According to the applicant the proposed docking facility would not encroach into either riparian corridor and adheres to the 8 square -foot rule. 10. ANTICIPATED IMPACTS The project area consists of open water, Estuarine Shoreline, and highground. As proposed, the new floating dock would result in the incorporation of approximately 740 112 of Public Trust Area and Estuarine Waters. According to the applicant the proposed bulkhead would fill approximately 315 ft2 of Public Trust Area. The proposed bulkhead would step out an average of 2' and a maximum of 5' below MHW to help stabilize the existing erosion scarp that has formed landward of the rip rap. The patches of dune vegetation that include Coastal Wetland species are not tidally connected and would be filled with the proposed bulkhead installation. There would be no impact to claimed coastal of freshwater wetlands nor encroachment of the15' riparian setback or pier headline. 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: July 11, 2021 Office: Wilmington RECEIVED JUL 14 2021 DCM.MHD CITY 5. DCM MP-1 Section 6.0 Additional Information 5.1 Section 6. a. Project Narrative 5.1.1 Project Location and Existing Conditions The project is adjacent to Banks Channel at 127 Beach Road South on Figure 8 Island, New Hanover County. There is a single-family residence currently located on the property. There is an existing riprap shoreline stabilization constructed under an unknown permit number. There is also an existing partial upland platform, fixed pier, and 'L' shaped floating dock constructed under an unknown LAMA Permit number to be removed. There are no other piers or docking facilities currently located on the property. It should be noted that the shoreline is rip rap and is devoid of coastal wetlands as approved by DCM staff. Water depths, structures, and Mean High Water was located by ESP Associates, Inc. on April 27, 2021. See Appendix B for details. Waters in the project area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area. 5.1.2 Proposed Action The applicant proposes removal of the existing docking facility, platform, and a portion of the upland access walkway. The applicant proposes construction of a floating dock with access ramp and fixed pier, partial upland platform with fish cleaning station, benches and access stairs, and replacement of the upland access walkway. The proposed floating dock will have a 'U' shape and measure 8' wide x 40' long with (2) 6' wide x 32' long floating finger piers. Two 13' x 13' boatlifts are proposed within the'U'shaped floating dock, and twotemporary wet tie slips are proposed on the outside of the V shaped floating dock. The proposed fixed pier will measure 6' wide x 38' long and contain a partial upland approximate 12' wide x 12' long platform that contains access stairs, benches, and a fish cleaning station. A proposed replacement upland walkway will tie into the existing walkway and measure 4' wide x approximately 25' long to access the platform. Due to upland erosion, a 1' wide x approximately 114' long vinyl naval style sheet pile with a wooden cap bulkhead is proposed an average of 2' waterward from the Mean High -Water line. The proposed bulkhead will create a vacant area to be backfilled with approximately 68 cubic yards of sand from a sand mine or upland source and will tie to adjacent bulkheads. It should be noted that the current shoreline is riprap and is devoid of coastal wetlands as approved by DCM staff. Length of shoreline at Mean high water is 118'. There is no additional upland work proposed on the property. See Appendix A for details. The 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 on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED RECEIVED JUL 14 2021 JUN 21 2021 DCM-MHD CITY DCM WIL.MINGTON, NC Application for Major Development Permit —June 2021 127 Beach Road South Wilmington, New Hanover County, North Carolina 14 tLMG AAU ASd]AI, MI'.YI GRUCV ., DAYEY� June 18, 2021 TO: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 127 Beach Road South, Hall Barnett and Bay House LLC CAMA Major Permit Application Request Katharine, Please find enclosed a CAMA Major Permit application and supporting materials for the 127 Beach Road South project located on Figure 8 Island, adjacent to Banks Channel, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, t Andy Dortch Land Management Group RECEIVED JUN 21 202, DCM WILMINGTON, NC Enclosure: CAMA Major Permit Application Package; Fee Check cc: Hall Barnett; Bay House LLC RECEIVED www.ltttgt-oul).net • info(aAntgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsillc Ace., Suite 15, Wilmington, NC 28403 JUL 14 2021 DCM-MHD CITY DWR Pre -Filing Meeting Request Form Contact Name* andy dortch Contact Email Address * adortch@lmgroup.net Project Owner* Hall Barrnelt Project Name* 127 Beach Road S Project County* New Hanover Owner Address• * :areol Adds;�s 2319 Lake Drive Address Line 2 cif/ Raleigh 27609 Is this a transportation project?* Yes No Type(s) of approval sought from the DWR Stale! Province: Reg'on NC coma y USA iR . Ni19TO CFHO'.IM. u�r..nmmwasrxr 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#?* Yes No Do you know the name of the staff member you would like to request a meeting with? no RECEIVED JUL 14 2021 0CM-MHC CITY RECEIVED JUN 21 2021 DCM WILMINGTON, NC Please give a brief project description below and Include location Information." The project is adjacent to the Intracoastal Waterway at 127 Beach Road South on Figure 8 Island, New Hanover County. There is a single-family residence currently located on the property. There is an existing riprap shoreline stabilization constructed under an unknown permit number. There is also an existing partial upland platform, fixed pier, and'U shaped floating dock constructed under an unknown CAMA Permit number to be removed. There are no other piers or docking facilities currently located on the property. It should be noted that the shoreline is rip rap and is devoid of coastal wetlands as approved by DCM staff. Water depths, structures, and Mean High Water was located by ESP Associates, Inc. on April 27, 2021. Waters in the project area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area. The applicant proposes removal of the existing docking facility, platform, and a portion of the upland access walkway. The applicant proposes construction of a floating dock with access ramp and fixed pier, partial upland platform with fish cleaning station, benches and access stairs, and replacement upland access walkway. The proposed floating dock will have a'U' shape and measure 8' wide x 40' long with (2) 6' wide x 32' long floating finger piers. Two 13' x 13' boatlifts are proposed within the'U' shaped floating dock, and two temporary wet tie slips are proposed on the outside of the 'U' shaped floating dock. The proposed fixed pierwill measure 6' wide x 38' long and contain a partial upland approximate 12' wide x 12' long platform which contains access stairs, benches, and a fish cleaning station. A replacement proposed upland walkway will measure 4' wide x approximately 25' long to access the platform. Due to upland erosion, a 1' wide x approximately 114' long vinyl naval style sheet pile with a wooden cap bulkhead is proposed an average of 2' waterward from the Mean High Water line. The proposed bulkhead will create a vacant area to be backfilled with approximately 68 cubic yards of sand from a sand mine or upland source and will lie to adjacent bulkheads. It should be noted that the current shoreline is riprap and is devoid of coastal wetlands as approved by DCM staff. Length of shoreline at Mean high water is 118'. There is no additional upland work proposed on the property. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* Submittal Date 6/1012021 RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED JUN 21 n2j DCM WILMINGTON NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Hall Barnett / Bay House LLC Mailing Address: 2319 Lake Drive Raleigh, NC 27609 Phone Number: 919-632-6506 Email Address: hfb@barnettpropertiesllc.com / hfb@bamettprop.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: installation of fixed pier with floating dock/boatlifts/upland platform/benches/walkway, and installation of bulkhead at my property located at 127 Beach Road South, Figure 8 Island 28411 in New Hanover County. , I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Title 6 1 /b / -2-I Date This certification is valid through 12 /31 12022 RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED AJN 21 2021 DCM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a WWEY1. company June 17, 2021 KATSAROS SHARON T QPT TRUST ETAL 125 BEACH ROAD SOUTH WILMINGTON, NC 28411 To Whom It May Concern: Hall Barnett / Bay House LLC is applying for a CAMA Major Permit on the property located at 127 Beach Road South, Figure 8 Island, New Hanover County, North Carolina. The specifics of the proposed work involve installation of a fixed pier with seating area, floating dock, and boat lifts as depicted on the enclosed Plan View drawing. 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 drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C.2840S-3845 Comments will be considered by the NC Department of Coastal Management 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 910-452-0001, or e-mail me at adortch(Waigrouo.net Sincerely, RECEIVED Andy Dortch, Agent JUL 14 2021 Land Management Group 0CM.M14D CITY Enclosures RECEIVE) JUN 21 ;L www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403DCM WILMINGTON, NC ■ Complete'tema 1, Z, and e ■ Print your name end address on the reverse B so that we can return the card to you. e ■ Attach this card to the back of the mallpk+ca, or on the front H apace permits. o. Kha\C^rdy S"f kln ` kmot eta\ \'L.q- «L" S II I'I�I'� I'll III I Ill l 111111111111 I i III III 9590 9402 6335 0296 5132 70 AMIS numw. -......... .. __. 702p 2450 0001 5224 1212 e...... AA11 _ Julv 2020 pSN 7530-02-000-9053 a oAWlt ❑ Addm IsdN from Item t? u veii NO If YES, enter delivery address below: O 'rp PrWiry ton F.xpM w ❑ RpplBMred Mdl RmtdcOad DBllvdy ❑RepFlared MellR.Wmd aatricted DeliveN De 'very ❑ elpmiwu DmlimialWe�x Conllrmatlon cry eN {te emtad PaOveN 6ygnmwe Rmtdcmd Pelivary n.\'w"s RE0'LE. iVED JUL 2 8 2021 Domestic Return Recelpt I:rP SECTION M1,4° tLMG LAND MANAGEMENT GROUP a DN"11,. company June 17, 2021 1 JIB LLC PO BOX 9846 GREENSBORO, NC 27429 To Whom It May Concern: Bay House LLC is applying for a CAMA Major Permit on the property located at 127 Beach Road South, Figure 8 Island, New Hanover County, North Carolina. The specifics of the proposed work involve installation of a fixed pier with seating area, floating dock, and boat lifts as depicted on the enclosed Plan View drawing. 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 drawing. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Comments will be considered by the NC Department of Coastal Management 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 910-452-0001, or e-mail me at adortchOImarouo.net Since rely, RECEIVED JUL 14 2021 DCM-MHD CITY Andy Dortch, Agent Land Management Group Enclosures RECEIVED JUN 21 2021 DCM WILMINGTON, NC www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 USPS Tracking® FAQs > Track Another Package + Tracking Number: 70202450000152241014 Remove x Your item was delivered at 2:30 pm on June 21, 2021 in GREENSBORO, NC 27401. G Delivered June 21, 2021 at 2:30 pm m GREENSBORO, NC 27401 n 6 N A x Get Updates u Text & Email Updates u Tracking History June 21, 2021, 2:30 pm Delivered GREENSBORO, NC 27401 Your item was delivered at 2:30 pm on June 21, 2021 in GREENSBORO, NC 27401. ^� June 21, 2021,10:38 am E` zCEiVED Available for Pickup GREENSBORO, NC 27401 JUL 2 8 2021 June 21, 2021, 10:37 am PAP SECTION IViHD Arrived at Post Office GREENSBORO, NC 27401 June 20, 2021 In Transit to Next Facility June 18, 2021,1:36 pm Arrived at USPS Regional Facility GREENSBORO NC DISTRIBUTION CENTER June 17, 2021, 11:40 pm Arrived at USPS Regional Facility CHARLOTTE NO DISTRIBUTION CENTER June 17, 2021, 12:03 pm USPS in possession of item WILMINGTON, NO 28403 Product Information See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVE® JUL 2 8 2021 MPSECTION MHD u [7 ti FM !U t U7 ,q owe. �s«vs. 02 o On.„ p pc.ron.0 rew�Y e'5017(f'— �'aenyk upi PO91BDB $2. t ti ra, Nmm -45 06/17/2021 ry s„a r° M1 . 1 ni °• [7 rq ��,t�•�.�q;�„' � arf 0�-- •-� '+3LL1 a tiCbMkQ Ayy F" `n s $202 .85 p p O�awe co OwYwwe„� i— Poeemx �n,e°yo,,,,, wq°.0 Here O Domy4 ru �°°° .45 06/17/2021 ru Sonl7p ILA C3 Si%ei eaidh,YA��-,'kq.-pk7 'Rc"^ -�-_�'�'�'• ! 'L"k RECEIVED RECEIVED JUL 14 2021 JUN 21 2021 DCM-MHD CITY DCM WILMINGTON, NC ROY COOPER Governor JOHN NICHOLSON InterM Secretary BRAXTON DAVIS 07recmr Andy Dortch 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Dortch: NORI H CAROLINA Environmental Quality July 11, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Hall Barnett, for State approval for development of the subject property located at 127 Beach Road South, adjacent to a man-made canal on Figure Eight Island, in New Hanover County. It was received as complete on July 10, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 23, 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 July 10, 2021, 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 tht-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. Sincerely, Katharine Elks Field Representative cc: Gregg Bodnar, DCM Holley Snider, DWR Hall Barnett, Applicant F USACE Christine Bouffard, LIDO RECEIVED JUL 14 2021 DCM-MHD CITY North Carolina Department of Environmental QpaNty I Division of Coastal Management Wilmington Offce 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.796.7215 v 0 v n m m m CAMA PERMIT N v APPLIE FOR PROJECT: Applicant, proposed to Construct a to -selips an—Tcr—v .--ca v h--ccsra--adj. — Wilrington, New Hanover County. "OM ENTS ACCEPTED THROUGH Aygust 7, 2021 APPLICANT. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: !Say House, LLC c/o Hail Barnett 2319 Lake rive 127 Cardi i mi n9ton, Agent. Land Management Group c/o Andy Dortch (910) 452-0001 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director July 13, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality • Hall Barnett • DJM-NC,LLC • Frank Golden • Dellaine Risley, Dan Smith, Elizabeth Lennon Hello: Please publish the attached Notice in the Saturday, July 17, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send lite 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 (Customer No. 489895). 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. 4TantvP'etila cerely, cc: MHC Files Gregg Bodnar — MHC USACE Permitting Support & Customer Assistance RECEIVED JUL 14 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wiimington. North Carolina 28405 910.7%.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT 'rhe Department of Environmental Quality hereby gives public 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 July 11, 2021, Hall Barnett proposed to construct a bulkhead & reconfigure a prlvole docking facility to include 2 (two) new boallifls for a total offour (4) slips at 127 Beach Rd. S. adj. to Banks Channel in Wilmington, New Hanover County; On July 12, 2021, DJM-NC, LLC proposed to construct a new private docking facility with two (2) slips at 2016 Deep Creek Run & expand an existing docking facility to four (4) slips a12020 Deep Creek Run to a total ofsix (6) slips between the parcels, adj. to the AIWW in Wilmington, New Hanover County; On July 12, 2021, Frank Golden proposed to reconfigure & expand an existing docking facility to a total of four (4) slips at 8700 Bald Eagle Lit., adj. to the AIWW in Wilmington, New Hanover County; and on July 14, 2021, Dellaine Risley, Dan Smith & Elizabeth Lennon proposed to expand the width of the authorized dredge footprint (Slate Permit No. 21-21) to 20' in width for 1601, & 30' in width for 350' at 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW 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, (910) 796-7424 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 7, 2021 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 & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED P Q JUL 14 2021 OCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington OOice 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.796.7215 BK: RE 6112 PO: 2407-2409 KFEESMW REcoRccu 20160DD183 NEW HANOVER COUNTY, 01pL 8 REAL ESrgrE 12:1PM TUMMY THEUSCH BEASLEY RFEI91FR or tEE 03 rxrx Soccoo Ol µ.NFACFFSWELI. PSbsrurt ELECLRCNICPLLY R&cORo,o Parcel ID: R04520-003-001-000 This instrument was prepared by The Butler Fimi, PLLC- Without Title Examination Revenue Stamps: $4,300.00 711 Princess Street, 2'"' Floor �Tt Retain o: 40 h, dr. Wilmington,NC 28401 AttmieyatLaw 1612 Mildery Culoa Rd, Ste301 GENERAL WARRANTY DEEDWilmin9lon, NC 28403 Brief Description for the Index: Lot 127, See 8, Fig 8Island The property herein conveyed is not the primary residence or the Grunions T141S DEED. made and entered into this ')O( `day of December, 2017, by and between: Paula Foster Bushardt, individually and as sole heir of Paul and Coco Foster, her parents both deceased, and as General Partner of Day House Partnership, also referred to as Figure Eight Bay House Partnership, recorded at Book 1386 Page 1324 of the New Hanover County Register of Deeds, as a matter of winding up the business of the Partnership, and joined by her husband James B. Bushardt, hereinafter called GRANTORS, whose mailing address is 1513 Futch Creek Road, Wilmington, NC 28411, and Bay House, LLC, a North Carolina limited liability company, hereinafter called GRANTEE, whose mailing address is 23t9 Lake Drive, Raleigh, NC 27609. The designation Grantor and Grantee as used herein shall include said parties, their heirs, RECEIVED successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. JUL 14 2021 WITNESSETH: DCM-MHD CITY That Grantors, for a valuable consideration paid by Grantee, the receipt and adequacy of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto 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: BEING all of Lot 127, Section 8 of the property of theFigur•e Eight Island Company as RECEIVED shown on map thereof, recorded in Map Bnok 13, at Page 47 of the New Hanover County Registry, and being the identical property conveyed by the Figure Eight Island J UN 21 2021 Company by Deed dated October.10, 1977, recorded in Book 953, Page 250, New Hanover County Registry. DCM WILMINGTON. NC Submitted electronically by "Eugene B. Davis, Jr. P.C." in compliance with North Carolina statutes governing recordable documents and the terms of the Submitter agreement with the New Nanover County Register of Deeds. Also known as 127 Beach Road South, Wilmington, NC 28411. To have and to hold the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple forever. And the Grantors covenants with the Grantee that Grantors are seized in fee of the above described property in fee simple; that Grantors have the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances; and that Grantors will warrant and defend the title against the lawful claims and demands of any and all persons whomsoever, except for the following exceptions: 2017 ad valorem taxes, land use regulations, and easements and restrictions of record. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and scats, the day and year first above written. Bay House �Partnership ''� __� ll'' ®CtttXq I'87y4(, L(;K(a64& SEAL By: Paula Foster Bushardt, General Partner && " &A SEAL Paula Foster Bushardt SEAL a es 11. Bushardt STATE OF NOP CAROLINA COUNTYOF 1, i/�Orwi✓7/�tt h���hi�the undersigned Notary Public of the County and State aforesaid, certify that Paula Foster Bushardt, General Partner of Bay House Partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instDnent for the purposes therein expressed. Witness my hand and notarial stamp or seal this AA =day of December, 2017. My Commission Expires: RECEIVED JUL 14 2021 DCM-MHD CITY N��� NOTARYI BLl z r - G Y o= • OUNTY tAr , •``� 2 RECEIVED JUN 21 2021 DCM WILMINGTON, NC Acknowledgement STATE OF N RTH CAROLINA COUNTY OF 1,&oma,XAM4101X/(v, the undemignedNotary Public ofthe County and State aforesaid, certify that Paula Foster Bushardt and husband, James B. Bushardt, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial stamp or seal this 17-- day of December, 2017. My Commission Expires: d /9 NOTARY PUBLIC tl0Tgh� n A_ `gL10 �0;5 "1,,,u.1.00 RECEIVED JUL 14 1021 Dr--MI-ID CITY RECEIVED JUN 21 2021 DCM WILMINGTON. 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R(� ES =aOa«-R NB�a� ara 8aha 9wu; 4'�• ���Y• � a;Y t-^� • EI J'a�,a q�pf p„� y. nsa c.r. 4pa •^ ,4IaAa� W'n ma.r"--far. dl .� •'•aB Y .:a 0® S +60I .I"" aaa .rw+.e.. �wem. nam 6PMlE ya9r,'` a . i ®3, -® 3 � " ® 8 �2` 8 •'a�na � ` '-aA ,,��-.� ..,. �.,. ae ��' y,•� n E 'L �.m 4�1'" 0�a�.� - .i� .., .. x �+ NOT TO SCALE - ORIGINAL SCALE IS 45" x 34" C7 LAA mw'm- sa.m n.r w.b C z = v ^' SSECTIONS`GIVHT, N Fi"L E;, iiiNli TEN Ci+9WC SCALE ...ma, F I I -S L N D RECEIVED NEW HAPIevER COUNTY HARNETT TOWNSHIP NORTH CAIIOIINA JUL 14 2021 OWNER AND DEVELOPER SURVEY By THE ROUSE ElCaafT CStANO CAMPANY,'IfYC. S PRECIE CONT*GL, INC. E DCM-MHD CiE1 1 SCALE - Y+ 100' abf.ce .g: ntCE1VED JUL 14 2021 CITY roves >P �wMPY�MM1�a IIOY YM.] My,Otvswf YY,wi/N �,/.w��wlarY W u,Y�NOIYYiIYwY�a I�KwYe�w���Y�Fw- aFaa--swwBp�YN„q V,wY.Mi6Y�Midas�u 5 Jssw�MY-F,r.�6YMY2I4w1-11Y0'Yi-NwPMYwN MP Vy-YtiM. e-�wYYYwY-. �wwY�YfW i/we�,Y,wM1SYSN U Z Z Lu N Lu cZ Z J Mc y � C7 G LAND MANGEMENT GROUP FIGURE EIGHT ISLAND se: wleimla xiuuc�arcwn,wOtr wwairmw.ac:rmhugcetouxn w r..ml,xutr.x NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: 60,v'A V\I� Agent/Contractor: kvx L V1 ��J Project Site County: Q N vt ✓ District: Wilmington Project Name: qvY StioYt �kWl- SRA 1. tA�V� Dot Rover File: We River Basin: k O Initial dale of application submittal: I ,y1 I ao� 1 .( r Date application "received as complete" in the Field office: 110 12-07- Permit Authorization: D CAMA El Dredge & Fill th SITE DESCRIPTION/PERMIT INFORMATION ORW: PgYes No PNA: ❑Yes No Photos Taken: Yes No Setback Required (riparian): es No Critical Habitat: ❑Yes ❑No of Sure 15 foot waiver obtai ed: ❑Yes o Hazard Notification Returned: ❑Yes �R, SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: Yes No Not Sure Did the land use classification come Mitigation Required (optional): from county LUP:)KYes ❑No OyesIPO Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes %No ❑NA ❑Yes []No QQNA —11 V FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Ope -or- Closed P / 1 10 5 S 1'/ � 02- SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) IF Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) LJ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina allerniflora) cynosuroides) ❑ (DS) Sall or spike grass (Distichlis (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(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 LJ Major Modificagon to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 U Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commercial/no dredge ED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Pdv. public or comm w /D&F to i JUL acre; 4144 can be applied; DCM needs 14 2021 DWQ agreement - $400 AL `1-1-11FInU 611 Y Applicant: aV Dale: U n ;?0 2- Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and unite 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 New Work Replace Maint ❑ ❑ Y Q9 N 1 New Work VF Replace Maint ❑ ❑ Y N N 2 N Up New Work Replace — S Maint ❑ ❑ Y iQi N $ 40 New Work Replace IrrS Z Maint ❑ Cl Y Cj N ?j Z New Work Q5 Replace P Maint ❑ Cl Y EW N LP New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint Cl ❑ Y ❑ N New Work U 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 Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name 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 tem im ads impact amount) temp impacts) amount 0 W Dredge ❑ Fill ❑ Both rK Other ❑ 1 0 SS 1 l b SS Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ JUL 14 2021 DCM-MHD CITY 919.733.2293 :: 1.888.4RCOAST :: www.ncconstalmansaament. not revised: 02I26118 Major Permit Fee Schedule a Co �y bulk a�1 Project Name: �p,Yy�' 1 �-�Coiu�nty �L Check No & Amount: sass'{ �4vv DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024361000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: Il. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling andlor excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies. III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $40 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the tilling andfor excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. RECEIVED JUL 14 2021 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 7/1/2021 Davey Resource Hall Barnett United 2284 $400.00 major fee,127 Beach Rd S, KE rct. Group, Inc. Bank Wilmington (Figure 8) NHCo SPLIT 12862 60/40 0 r— n 2 ` M 0 C-) o M DCM Coordinator: Gregg Bodnar County: N +- Permit #: 119 WIRO fE--MAIL DISTRIBUTION SHEET Circle on : Bio Repo / Permit for: &A fj to V ►rl�}�- OversizeAr DCM Offices: I Morehead City: PT (if oversize) via Courier `L 'cc Gregg & Amanda on group email wl bio.narr.app.drawings, deed, comment sheet •MHC documents (Gregg & Amandq) Wilmington: Original hard -copy ONLY USACE 6 DWR (wiro). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: r & Carteret Co): PN, CL, Reports, Split Sheet _ use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet reg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: VHolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ �r-401 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_ Marine Fisheries: VKIm Harding _ DCM Planner/WIRO: ./ike Christenbury Cultural Resources: Venee Gledhill -Earley Environmental.Reviewal )ncdenr.gov_ Natural Heritage Prog. �5/dney Butler _ DCA-Rural Eco. Dew Xark Ziegler _ NC DOT: avid Harris _ Wildlife Resources: VAaria Dunn w/Reports State Property Office: vTim Walton: DEED �Atke Moser _ �da Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: ✓deremy Humphrey (Bio) / Sharon Gupton, Admin. `Oh/ DEMLR: ristine Hall - Stormwaler Section _ Din Sams - Land Quality Section Public Water Supply: ,�IIeidli Cox City of Wilmington: i Enforcement: � Ki ' yj Rep: '��/ Co. LPO /Field try r Agent: DISTRIBUTED: RECEIVED JUL 14 2021 DCM-MHD CITY Updated s2vzt CAMA/Shaun majors docs/e'Agency List ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM. Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arena. bod narCrD.NC D E N R.Ooy SUBJECT CAMA/D&F Applicant: Hall Barnett Project Location: 127 Beach Rd. S, adj. to Banks Channel in Wilmington (Figure 8Island), New Hanover County Proposed Project: Proposal to construct a bulkhead in front of the existing rip -rap and reconfigure the docking facility to include two (2) new boatfrfts for a total of four (4) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnar at the address above by August 7, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT NAME AGENCY SIGNATURE DATE 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. RECEIVED JUL 14 2021 DCM-MHD CITY D ��� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 2&405 910.7%.7215 Riprap -2 Existing Pierhead MHW 10 8 6 4 MHW 2 Floating sommot4mmm mmtoymmmm mm*mmmmmom....Mmmmmmmumm Contour Lines Existing Pierhead Line --�� 10 8 Proposed Floating Dock 6 MHW 4 -------------------------T---- 2 0 M LW —----------------------------------------- — — — — — — — — — — — — - -2 -4 -6 _g Existing Grade 0+I00 0+10 0+I20 0+I30 0+40 ML_W_ 0 — -2 -4 -6 �— -8 0+I50 s 10 20 JUL 14 2021 DCM-MHD CITY RECEIVED JUN 21 2021 DCM WILMINGTON, 0 2.5 5 10 Vertical Scale 2.5 5 10 Horizontal Scale NOTESLMG 1276eadl 6/16I2021 N/A 1. HYDROGRAPHIC SURVEY COLLECTED BY ESP ASSOCIATES, INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1968. Road South Scale- o Number: 2. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 11S FEET. I A\n nuN.ueN[s^r caauv As Noted LMG21.165 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. .owy4 `-"I""' Title: 3805 NtighlsVlle Ave Suite 15 Profile View B Dram By. Sheet Number: WdmiNlon. North Caralrre 26a03 Dock Detail WAD SA'of 5 WE - I rFAAM rr► Proposed Walkway, Platform, Fixed Pier, Access Ramp, and Floating Dock — Exis ng Pierhead Line ■ ■ ■ 5 10 20 ■ ■ A /' �MHW ' 10 , 10 8 { 8 6 6 Proposed Sand Backfill M4 4 (-68CLIYD) M ---- ---- — — -- HW HW 2 — ---- 2 Existing Rip Rap 0 (to remain) MLW --————— — —r -"" " —MLW 0 -2 -2 -4 -4 -6 p n Existing Grade -6 -8 Proposed Bulkhead (1' Wide, -114' Long, 8 depth and height per contractor) Pilings per contractor (spacing, depth, etc) 0+I00 0+10 0+120 0+130 0+140 0+150 0+160 0+170 0+180 RECEIVED RECEIVED JUL 14 2021 JUN 21 2021 DCM-MHD CITY DCM WILMINGTON, N 0 3 6 12 Horizontal and Vertical Scale PWojecl' Dale: Revision Date'. NOTES: LM G 127 Beach 6116/2021 N/A 1. LENGTHHYDROGRAPHICO SURVEY COLLECTED BY ESP ASSOCIATES. INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1988, RoaA South Scale- Job Number: 2. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 118 FEET. insu untie rmrsT oaot'e As Noted LMG21.165 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. Title. 3805 Wrighlswlk Ave Suite 15 Profile View A Drawn By: Sheer Number Mminglon. North Caroline 28403 Doak Detail WAD 4 of 5 91U452-0001 , Proposed Docking Facility With 2 Boat Lifts (13' x 13' on Center) \ and 2 Temporary Tie-up Slips , ' 6 \ \ .I Existing Dock to Be Removed \\ P � 3 2 Existing Partial Upland Platform to Be Removed \ \ Existing Walkway to Be Removed \ 30' Drainage Easement (Per Plat Book 13 Page 47) / Subject Parcel NHC Tax Parcels Riparian Corridor 15' Setback Existing Bulkhead Temporary Tie Slip Existing Pierhead Line -------- Mean High Water 30' CAMA Buffer Channel Centerline ---------------- Existing Docking Facilities T # Existing Rip Rap Proposed Docking Facility e L1 401 lot \\\ I Y 1. HYDROGRAPHIC SURVEY COLLECTED BY ESP ASSOCIATES, INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1988. 2. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 118 FEET. 3. 2018 PARCELS FROM NCONEMAP. 4. NOT SURVEYED OR ENGINEERED DRAWING. 5. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. Drainage Easement — — — — Proposed Bulkhead 0 10 20 Proposed 28' Long x 6' Wide Fixed Access Pier with Handrails, Seating, Fish Cleaning Station,and Access Steps (platform measures approximately 12' x 12') -- — Proposed Bulkhead (-2'- 5' Waterward from MHW, -114 Feet Long) RECEIVED ♦ JUL 14 '1021 ♦ DCM-MHD CITY Proposed Replacement Walkway ♦♦ RECEIVED ♦♦ JUN 21 2021 ♦VCM WILMINGTON. NC 127Beach 611612021 MIA 4�LMG 11XD r-IAN�GEfIEST nemDP naar4 .. ' _ Road South SrbIC: 1'=20' umber: LMG21.165 3e05 Wnghftwie Ave Suite 15 Wirrungton. North Carolina 211403 Pte11 VIBw Drwwi By: WAD Sheet Number: 3 of 5 910452-ODD1 Subject Parcel NHC Tax Parcels Riparian Corridor - - 15' Setback Existing Bulkhead Drainage Easement- ------- I Waterbody Width •-•--•""""""""•" Existing Pierhead Line -------- Mean High Water 30' CAMA Buffer Channel Centerline ---------------- Existing Docking Facilities Existing Rip Rap 0 -� 9 1. HYDROGRAPHIC SURVEY COLLECTED BY ESP ASSOCIATES, INC. COLLECTED APRIL 27, 2021. WATER DEPTHS RELATIVE TO MLW NAVD 1988. 2, LENGTH OF SHORELINE AT MEAN HIGH WATER IS 118 FEET. 3. 2018 PARCELS FROM NCONEMAP. 4. NOT SURVEYED OR ENGINEERED DRAWING. 5. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. ;MLMG \ MANAFf�n3T�G twevi ..,".,"r., 3805 Wrightsville Ave Smte 15 Wilmington. North Carolina 28403 RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED �♦ JUN 21 2021 %CM WILMINGTON, NC 127 Beach 6116=21 N/A Road South Scale:Job Number: 1"=20' LMG21.165 Exating View Gram By: Sheet Number WAD 2 of 5