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HomeMy WebLinkAbout75-19 Hager, JamesPermit Class NEW Permit Number 75-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to James Hager, 111 Dundee Court Cary NC 27551 Authorizing development in Brunswick County at adi. to AIWW at 218 Shoreline Drive E, Sunset Beach as requested in the permittee's application dated 03/07/19 (MP-1) & 03/12/19 (MP-4), including attached workplan drawing (1) dated received at DCM Wilmington 07/23/19. This permit, issued on September 19, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e subject to tines, imprisonment or civil action; or may cause me permit to oe nun anu varu. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (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, 2022 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. Xly � 1 raxton C. Davis, Director Division of Coastal Management This (jnditions are hereby accepted. SEP 3 0 2019 rITY Signature of Permittee James Hager Permit No. 75-19 Page 2 of 3 ADDITIONAL CONDITIONS 3) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the personal watercraft lift at a minimum height of 18" above the bottom substrate to prevent the personal watercraft lift from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. 4) This permit authorizes a maximum of one (1) formalized personal watercraft slip. 5) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate as measured from the bottom of the decking. 6) The permittee shallmaintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 7) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) The authorized covered platform/gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Lattice is specifically excluded from being used under this authorization. 9) The roof of the covered platform/gazebo shall not be designed for second story use. 10) The authorized project is located within a primary nursery. area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. General 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) 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. 13) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit. James Hager Permit No. 75-19 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: 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 proposed project by way of Programmatic General Permit 291 (Action ID No. SAW-2019-00545), which was issued on 09/19/19. NOTE: The N.C. Division of Water Resources assigned DWR Project No. 2019-0367. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED SEP 3 0 Z019 DCM-MHD CITY A113 OHW-WO0 61oz 0 S d3S 03A1303H panssl ,s�w\� prr3'�'lo c�.� �,ry�4}uo��.+ 1'Y✓t-� k'a�-�- 1n'�'►n?�1°1'11- 41"nMOY aald W 4V1,40a y�+nM,►2 � pwt, �d�u� �trhasaa 1M sr+S51 - �0.t1nP`,`}u�7� SSvv�S1Y a1 �M +iS✓1 a�15 CY/tllh 170SV) A?�Aq) plum Zl< PAN9)-�—ji?/ot/Cj j,_ ,rr> -kV 79_AJAAS-;a /M C1+114 -)^o) biJ�2�<fp, -m b1fEst15=rjoitw (s/ tr> /% :Pouad ivawwo� Ae0 0£ )/q//t1 :aui[Pead luawwo:)/Nd Pu3 ROY COOPER NORTH CAROLINA Governor Envlmnmental Quality MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director MEMORANDUM TO: Curt Weychert Assistant Major Permits Coordinator, M/HCC FROM: Brendan Brock Field Representative, Wilmington DATE: October 15, 2020 SUBJECT: Modification Request for State Permit # 75-19 James Hager —218 Shoreline Drive E., Sunset Beach, Brunswick County Mr. James Hager is requesting a minor modification to State Permit # 75-19. State Permit # 75-19 was originally issued on September 19, 2019 for the construction of a private docking facility with a PWC lift on "stops". The permit has not previously been modified. According to the applicant, no construction of the docking facility has begun as of the date of this request. State Permit # 75-19 is due to expire on December 31, 2022. Mr. James Hager is requesting a minor modification to State Permit # 75-19 to replace the permitted 10' x 10' PWC lift with a standard 10' x 10' boatlift. According to the applicant, the location of the pilings, the physical stops at 18" above substrate, and the spacing of them would remain as permitted under State Permit # 75-19. According to the applicant, the only modification would be the cradle between the lift pilings. The applicant's property is located within a Primary Nursery Area. According to the original permit application received on 3-15-19, there was approximately -1.4' NLW at the waterward end of the proposed boatlift. Recent depths taken by the applicant on 9-23-20 show approximately -0.4' NLW (-4.5" NLW) at the waterward end of the boatlift. The applicant is asking for a minor modification to install a boatlift cradle rather than a PWC cradle within the permitted lift pilings with physical "stops" at 18" above substrate. Recently, on 9-15-20, State Permit # 90-20 was issued at 720 Waterway Dr., Sunset Beach, for the installation of a boat ift in a Primary Nursery Area with approximately -0.5' NLW. The applicant is asking for consistency based on the similarities in project design and noted that both projects are along the same shoreline with similar use. The applicant has submitted a check (check #1083) in the amount of $100 for the modification request. As proposed, this office has no objection to the proposed project modification as long as there are no objections from other the agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(8). By copy of this memo, DCM is requesting that NC DMF, NC WRC and NC DWR provide any comment that your agency may have on the proposed project to Curt Weychert of DCM's Wilmington office within 14 days of receipt of this memo. cc: WiRO File NC WRC- Maria Dunn NC DWR- Robb Mairs Stanley Dills, LPO NC DMF- Kimbedee Harding RECEIVED DQ�� OCT 2 2 d020 MP SECTION North Carolina Department of Environmental QualRy I DMsion of Coastal Management ,� Wilmington Office 1127 Cardinal Drive EMensioo I W[lmhVon. North Carolina 2&405 CM - MHD CITY 910.796.7215 September 22, 2020 To whom it may concern, This letter is notification of a minor modification application of an existing permit #75-19, issued on September 19, 2019. This original permit authorized the building of the following: a) new pier 5' x 1101, b)12 X 16' Fixed Gazebo (Roof Line 13' x 17% c) Fixed step down platform 6' x 12', and d)10' x 10' PWC Lift. The proposed modification replaces the 10' x 10' PWC Lift with a 10' x 10' Boat Lift which will be located in the same footprint as permitted for the PWC Lift. For your consideration, a major permit (#90-20) was recently issued for boat lift in a Primary Nursery Area with water depths approximately 6" at Normal. Low Water in the area of the boat lift. We are asking for consistency based on the similarities in the projects and the fact that it is the same shoreline for similar use. Thank you in advance for reviewing.our Kind regards, James L,Hager, 111 Dundee Court Cary, NO 27611 Permit property located at: 218 Shoreline DKve;E' Sunset Beach, NC 28468 RECEIVED ---.00T-2 21020 MP SECTION DCM - MHD CIN RECEIVED SEP 2 5 2020 DCM WILMINGTON. NC a. Proximity of structure(s) to adjacent riparian property lines 20' East and 35' West b. Proximity of stmdure(s) to adjacent docking fac9f6es. 5& East and 56' W est Notes For bwy or maorin9 pffin9, use arc ofS%*V lnotudV WUbli of vessel. c. Wldtrt of water body d- Water depth at waxerward end of strwttne at NLW or NWL .7 -_ -_- -+� 173'-1.4'atNLW e. (i) WE navigational aids be required as a restift of the pro)ecl i,'Ali OYes ®No EINA ! ✓ r 9 � .ur. ! + 739 +6.14', 9 \ nxt ++'Y7. 1-_i;61l9 4. , a �.r,.11 ,.rry':w. .uo. ,;°. 'auis' yly,:.2ix"x:if YYu i� 1•,+Dees e_ rw. r4Y alY rY► ♦ ,14 ,� r ♦ y a m a a �'� ilY° aYlU .uy'r +Wv"70 •1, r . v „°WOPOS[-p Y%0.. �( �I.10�(1y 411 -obo 54 8NVQAN ,�- ca AOM 40 +- .9a-camaae 1.w + 1. NRI+NO1H '. .. T . to •. '" +•.w " • yxa °' i' 4 �j",, 94 a46 1 ore lid'. `r r.r t1 t, . •.,'��t .�T'q1 �!r` 632 t � / •roe,'".�°6Y^s.°'°„ w.v 1•�"1. .° Y'4�y11.T- 4y — LFM OR •.rt _ �� ' 4,•, �� O'er _ 1 maaonnnrg 79 •J - -� coca ce RECEIVED r Ir tr m R WDWXa N� W3790 � InfX)F I.NE t3' M fT) RECEIVED DCM WILf TON, NC MP SECTION Mfr DCM - MHD CITY exa®wx raa�raerrt6�v RECEIVED MAR 15 2919 W ILMING'TON, NC MAR 15 2919 2063W.BIE eo NORTH CARC M. CAS MA" PS 1 ; p g 0 im F Fit� I i ir g $ ri, .1.11 .o Date Dote Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/19/2020 10/20/2020 James Hager, Jr. same First 1083 $100.00 minor modification fee #75-19, BB rct. National Sunset Beach BrCo 12490 Bank RECEIVED OCT 2 22026 MP SECTION 0CM - MHD CITY Weychert, Curtis R From: Currey, Gregory E CIV USARMY CESAW (USA)<Gregory.E.Currey@usace.army.mil> Sent: Thursday, December 3, 2020 3:19 PM To: Weychert, Curtis R Subject: [External] RE: CAMA Minor Modification Request: James Hager #75-19 CAUTION: External email. Do not click links or open attachments unless you verify. Submit all suspicious email using the Phish Alarm button or as an attachment to Report Spam. Curt, this would not require a permitting action on the from the Corps. Greg Greg Currey Project Manager USAGE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Wednesday, December 2, 2020 2:51 PM To: Currey, Gregory E CIV USARMY CESAW (USA) <Gregory.E.Currey@usace.army.mil> Subject: [Non-DoD Source] FW: CAMA Minor Modification Request: James Hager #75-19 Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert(ZDncdenr. aov 400 Commerce Ave Morehead City, NC 28557 10 -D Q> From: Pietila, Tanya K <tanva.oietila@ncdenr.gov> Sent: Thursday, October 22, 2020 2:40 PM To: Weychert, Curtis R <curt.wevchertncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.orQ>; Mairs, Robb L <robb.mairs@ncdenr.aov>; sdills@sunsetbeachnc.sov: Harding, Kimberlee k <Kimberlee.Hardina@ncdenr.gov> Cc: Brock, Brendan 0 <brendan.brock@ncdenr.gov>; Cannon, Amanda 1 <Amanda.Cannon@ncdenr.gov> Subject: CAMA Minor Modification Request: James Hager #75-19 Hello All, Please accept this request for a CAMA Minor Modification to Major Permit No. 75-19 from the above subject property in Sunset Beach, Brunswick County. Please reply to Curt Weychert at curt.we cY henna ncdenr. oovv or (252) 808-2808 ext. 211 with your questions, comments or concerns. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Ta n va. P i eti l a Cd n cd e n r. gov .�\utk�aiq ttra;„xsi c� E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Gorelror MICHAEL S. REGAN Secrewry STEPHEN W. MURPHEY Director MEMORANDUM: TO: Curt Weychert, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: Modification Request for State Permit# 75-19 James Hager - 218 Shoreline Drive E., Sunset Beach, Brunswick County DATE: November 17, 2020 A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is requesting a minor modification to State Permit# 75-19 to replace the permitted 10' x 10' Persona► Water Craft (PWC) lift with a standard 10' x 10' boatlift. The project is located on an unnamed tributary along 218 Shoreline Dr. E., Sunset Beach, Brunswick County. The waters within the project are classified as SA, High Quality Waters (HQW) by the NC Division of Water Resources. The area is also a designated primary nursery area (PNA) by the NC Marine Fisheries Commission (MFC). The NCDMF Shellfish Sanitation Section have classified the waters as prohibited to the harvest of shellfish. This applicant originally applied in 2018 for a boating facility with boatlifts on one side and a ramp and floating platform with lift stops on the two boatlifts. As part of this review process, staff from both NCDCM and NCDMF took water depths in December 2018 for the "channel" adjacent to the applicant's property. The deepest recorded depths at low tide in the vicinity of the project were 0.17 feet NLW with a predicted tide of -0.2 feet below NLW. The area where the applicant proposed the docking facility was recorded to be 0.0' NLW before the tide fully receded. The entire creek is a mud flat at low tides. Based on NOAA tide predictions for Sunset Beach, water depths could potentially reach 2.0' for 3 hrs or less per tide cycle. In addition, oyster reefs extended approximately 20' seaward of the dock platform. Based on the productive conditions of the PNA and lack of sufficient water depth the majority of the day for motorized vessels, DMF objected to the 2018 application for a docking facility and suggested a viewing platform instead. After further discussions with the applicant and agencies, the applicant received State Permit #75-19 in 2019, for the construction of an access pier from high ground to connect to a T-head platform. This platform would be covered with a gazebo with two finger piers leading to personal watercraft (PWC) lifts. The permit was limited to PWC due to the shallow bottom. The current minor modification is an attempt to get the docking facility that was not permitted in 2018 due to resource concerns. To evaluate the current minor modification request, a field visit of the site was conducted in November 2020. The habitat conditions at the site were the same as reported in 2018. The shallow intertidal waters within the project footprint contain multiple valuable habitat types listed within the Coastal Habitat Protection Plan (CHPP). The shoreline consists of coastal wetland habitat dominated by black needlerush and smooth cordgrass which become inundated during periods of Slated North Carolina I Division of Marine Fisheries 3441 Arend,11 Street I P.O. Boa 769 Morehrad CPY. North Carc4im 28557 252-726-7021 high tide and provide habitat for fish and invertebrates. At the interface between the coastal marsh and public trust open water, a significant presence of shellfish habitat exists. Large oyster reefs are growing along the marsh edge as well as individual reefs extending into the waterway up to 100 feet from the marsh edge. Areas void of oyster presence are a combination of soft unconsolidated mud and shell hash. Designated PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays. Many benthic predators are highly associated with the shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. The project site has characteristics typical of a productive nursery area - shallow, muddy, surrounded by other structured habitats used by juvenile fish. Locating a dock on a mud flat with 0-2ft of water for the majority of the day would negatively impact this nursery habitat. Formalized boat slips in shallow water can allow vessels to repeatedly contact the bottom, resulting in shellfish bed loss, anoxia in the sediment which can kill benthic invertebrates and reduction of shallow bottom habitat during low tide. Deep water access is not nearby. Consequently, vessels moving to and from these shallow water docks can cause propeller disturbance impacts to the PNA. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. Developing a docking facility with the potential to continuously impact the bottom through boating activity and floating platforms causes concerns for shellfish due to compaction, displacement, as well as sedimentation and water quality degradation. Increased sedimentation raises concern for shellfish habitat by either the direct burial of oyster beds or reductions in filtration efficiency, respiration rates, and/or reproduction and settlement. Larval oysters require a clean hard bottom for attachment and sedimentation as little as 1 or 2 mm may inhibit settlement. Based on these high quality resource conditions, the DMF recommended denial of the permit application for this project as proposed because it would have significant adverse impacts on marine and estuarine fisheries resources and habitats at the project site. A permit was allowed for a jet ski lift since they can operate in much shallower water. On November 13, 2020 the DMF staff conducted a site visit and found similar conditions to that reported in December 2018. Due to conditions remaining the same of the original application, DMF objects to the permit modification. If the project is permitted, the applicant should be made aware that since this area is a productive PNA, future requests to dredge would be objected to by the DMF. Contact Kimberlee Harding at (910) 796-7475 or Kimberlee.Hardingpncdenr.gov with further questions or concerns. State of North Carofim I Division of Markw nsherks 3441 Arendeil Street ',. P.O. Boa 769 I Morehead city. North Carolina 28557 252-726�7021 Weychert, Curtis R From: Currey, Gregory E CIV USARMY CESAW (USA) <Gregory.E.Currey@usace.army.mil> Sent: Thursday, December 3, 2020 3:19 PM To: Weychert, Curtis R Subject: [External] RE: CAMA Minor Modification Request: lames Hager #75-19 CAUTION: External email. Do not click links or open attachments unless you verify. Submit all suspicious email using the Phish Alarm button or as an attachment to Report Spam. Curt, this would not require a permitting action on the from the Corps. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 91.0-251-4707 From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Wednesday, December 2, 2020 2:51 PM To: Currey, Gregory E CIV USARMY CESAW (USA)<Gregory.E.Currey@usace.army.mil> Subject: [Non-DoD Source] FW: CAMA Minor Modification Request: James Hager #75-19 Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt.Wevchertc@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 From: Pietila, Tanya K <tanva.pietila@ncdenr.gov> Sent: Thursday, October 22, 2020 2:40 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.ore>; Mairs, Robb L <robb.mairs@ncdenr.gov>, sdills@sunsetbeachnc.aov; Harding, Kimberlee k <Kimberlee.Hardina@ncdenr.gov> Cc: Brock, Brendan 0 <brendan.brock@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Minor Modification Request: James Hager #75-19 Hello All, Please accept this request for a CAMA Minor Modification to Major Permit No. 75-19 from the above subject property in Sunset Beach, Brunswick County. Please reply to Curt Weychert at curt.wevchertnn ncdenr I?L or (252) 808-2808 ext. 211 with your questions, comments or concerns. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya. Pietila@ncdenr gov Ic"'Nothing Compare . E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Weychert, Curtis R From: Mairs, Robb L Sent: Friday, January 8, 2021 4:10 PM To: Weychert, Curtis R; Dunn, Maria T. Subject: RE: 75-19 Hager Modification Request Hey Curt, The DWR supports the DMF on their comments provided on this minor mod. request. Thanks and let me know if you need anything else on my end. Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairs(Qncdenr.gov https://deg.nc.gov/a bout/d ivisio ns/wate r-reso u rces/wate r-resou rces-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Tuesday, December 22, 2020 4:05 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: 75-19 Hager Modification Request Hey guys, I was wondering if you could give me final comment on this project. DMF comments are included. Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. WevchertCcDncdenr.gov 400 Commerce Ave Morehead City, NC 28557 .ate ��i3� _ .. North Carolina Wildlife Resources Commission '�-I Cameron Ingram, Executive Director MEMORANDUM TO: Curt Weychert Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: January 11, 2021 SUBJECT: CAMA Dredge/Fill Permit Modification for State Permit # 75-19, James Hager, Brunswick. County, North Carolina. RECEIVED JAN 112021 MP SECTION DCM - MHD CITY Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 218 Shoreline Drive E. adjacent in Sunset Beach, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to modify his existing permit to replace the 10' by 10' PWC lift with a standard 10' by 10' boatlift. During the original review in 2019, water depths were state to be -1.4' NLW. Recent depth readings show the depths to be -0.4' NLW at the waterward end of the boadift. Justification for the modification request includes a recent permit issuance for a boatlift in -0.5' NLW waters for a nearby residence. The NC Division of Marine Fisheries designates this waterbody as a Primary Nursery Area (PNA). The NCWRC has reviewed the modification request and is concerned with allowing the PWC lift to be changed to a standard boatlift. The applicant received agency concerns during the initial 2019 project review when he requested a three -slip docking facility due to inadequate water depths that would lead to chronic bottom and habitat disturbance within a PNA. PNAs are defined as those areas inhabited by the embryonic, larval or juvenile life stages of marine or estuarine fish or crustacean species due to favorable physical, chemical or biological factors. As a designated PNA; this waterbody provides an important rearing area for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats. Boating and mooring activity within the shallow depths of the proposed project modification would create a continued source of chronic sediment dismpfion and elevated turbidity. While there may be other existing docking facilities in the area, this proposal would introduce a new docking facility and therefore Mailing Address: Habitat Conservation - 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 r i' Page 2 increased impacts to shallow water areas. Boating and mooring activity within the shallow depths of the proposed project modification would create a continued source of chronic sediment disruption and elevated turbidity. The NCWRC submitted comments of concern for similar project proposals in the area that also requested slips in shallow waters of a PNA. The concern for resource impacts within important habitats remains constant, though individual locations or project differences may allow consideration in one area more than others. We believe the permitted PWC lift would impose less impacts to these resources than a standard boatlift and therefore support concerns stated by NCDMF to avoid and minimize impacts to marine resources. We appreciate the opportunity to review and comment on this permit modification. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn fa�nGwi ld life_org RECEIVED JAN 111021 MP SECTION DCM - MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Janes Hager PROJECT NAME: Lee Bulkhead w/Jill COUNTY: Brunswick LOCATION OF PROJECT: 218 Shoreline Dr. I~, adjacent to the AIWW 1w Swuet Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-15-19 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: McGuire DISTRICT MANAGER REVIEW: ,%-,c B) DATE RECEIVED BY MAJOR PERMITS UNIT: zD 1 -1 APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REC D: 3-23-19 ADJ. RIP. PROP NOTICES RECD: To Be Forwarded. N/A DISTRICT OFFICE: WILMMGTON FEE RECD. $230 # 2250 END OF NOTICE DATE: 4-13-19 DEED RECD: Yes C) 75 DAY DEADLINE: 5-29-19 150 DAY DEADLINE: jqlyiel HOLDS:1g]lhaldT/l�j MAIL OUT 3-20-19 STATE DUF DATE: 4-13-19 PERMIT FINAL ACTION: ISSUE' 9 . DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep 3�2 D��&IRASI S Vl 6clysi0 Local Permit Officer DCM DCM - LUP Consistency Determination S Rural Development Division DEMLR — Stormwater & Sed/Erosion DWR-401 DOA — State Property Office DMF — Shellfish Section 3 2l NCDOT DMF — Habitat & Enhancement Ly S DWR—Public Water Supply USACE—Regulatory Cl DNCR—Archives & History ifl Z 1 -1 �( DNCR—Natural Heritage Program 5 j 2019 WRC — Wildlife Resources Commission M,µt MEMO To: Heather Coats From: Michael Christenbury, Wilmington District Planner-4-- Subject: Consistency Determination, Major Permit Application, James Hager, Sunset Beach, Brunswick County Date: May 3, 2019 The applicant proposes to construct a private pier and docking facility capable of accommodating up to three (3) vessels. The project is located at 218 Shoreline Drive East, adjacent to a tributary in between Mary's Creek and Turtle Creek off of the AIW W in Sunset Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW, PTS, CW, and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Mainland Residential, while the AECs impacted by the work are classified as Conservation. In general, the Town of Sunset Beach allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach 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. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File RECEIVED HP 3 0 2019 DCM-MHD CITY ROY COOPER C.ovemor MICHAEL S. REGAN S creloy BRAXTON DAVIS Ulrcclar. (Fvet'rrnt al (}xanal blanagemenl March 20, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soearsComcdenr.00v SUBJECT: CAMA Application Review Applicant: James Hager Project Location: 218 Shoreline Dr. E., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by rpii/ 13,,;Zoft If you have any questions regarding the proposed project, contact Tyler McGuire 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. RECEIVED PRINT NAM M A i k C L i' < I t- r AGENCY 41C D f- Q ' & r W M VA kiYiR SIGNATURE Y ", M, V DATE ? ' G - / 9 AUG 0 6 2019 DCM WILMINGTON, NC State of North Carolina [ Environmental Quality I Coastal Managemant S E P 3 0 2019 127 Cardinal Drive Ent., Wilmington, NC 29405 919 7967215 DCM-MHD CITY wt ROY COOPER Uuvemar MICHAEL S. REGAN Secremry BRAXTON DAVIS Director, Divinon or('o¢sml ManaRemem March 20, 2019 MEMORANDUM. FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soearsC&ncdenr.aov SUBJECT: CAMA Application Review Applicant: James Hager Project Location: 218 Shoreline Dr. E., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by April 13, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire 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 Daniel Sams AGENCY DEMLR SIGNATURE D S RECEIVED MAR202019 DATE 3120/2019 $gQ,%VED DCM WILMING State of North Carolina I Fnvironmental Quality I Coastal Management S E P 3 0 2019 127 Cardinal Drive Ext., Wilmington, NC 28405 9197%7215 DCM-MHD CITY DocuSign Envelope ID: 555DE33A-0B66-4182-gAOC-3B1F25FBD633 40 NORTH CAROLINA Envirommnial (Amlin, March 20. 2019 MEMORANDUM ROY COOPER (n,,Ynwr MICHAEL S. REGAN Sec'mrury FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev. spears(M ncdenr.aov SUBJECT: CAMA Application Review Applicant: James Hager BRAXTON DAVIS Direnror, Dlvrslrm o) (lravtul lfrmmxmem Project Location: 218 Shoreline Dr. E, adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Courtney Spears at the address above by If you have any questions regarding the proposed project, contact Tyler McGuire 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. - Morelia Sanchez -King AGENCY DWR DocuSigned by, SIGNATURE E3ABA„Ac7DCA31... RECEIVED DATE 9/11/2019 SEP 12 2019 DCMNC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E#., Wilmington, NC 28405 919 796 7215 SEP 3 0 2019 DCM-MHD CITY DocuSign Envelope ID: 555DE33A-OB66-4182-9ADC-3B1F25FBD633 ROY COOPER Gwvnor MICHAEL S. REGAN secmory LINDA CULPEPPER mector Mr. James Hager I I I Dundee Court Cary NC 27511 NORTH CAROLINA Enru,wtn,utrul QuW" September 3, 2019 Brunswick County DWR Project: 2019-0367 Subject Property: Hager 218 Shoreline Drive — Sunset Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hager, You have our approval, in accordance with the attached conditions and those listed below, to construct a new, private, three slip docking facility as described in the application received by the N.C. Division of Water Resources (DWR) on March 30, 2019, with additional information received on July 24, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC4175). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: httR://Portal.ncdenr.org/web/wA/smp /ws/401/certsandperinits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Please be aware that this area has been designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries. In addition, in -water structures such as the ones in your proposal may accelerate localized shoaling. Any source of water pollution (including dredgiWCEI)" preclude the usage and RECEIVED SEP 3 0 2019 DCM-MHDIv SEP 12 7019 North Caroti a Department of Envnminen l r I DhisIon orff Wya�tersourc Rees r WRmington RcVwal Office ( 127 Cardinal Drive Extension 1 Wilmm� U IViMA ING ♦EM NC ++\ / 910.796.72I5 DocuSign Envelope ID: 555DE33A-OB66-4162-gAOC-3B1F25FBD633 Page 2 Brunswick County 2019-0367 function of the PNA as mentioned under 15A NCAC 02B .0221 will be considered a violation of water quality standards and of this certification. 2. This approval is for the purpose, and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and' General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502}: Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [ 15A NCAC 021-1.0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 4. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796:7215 5. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of'this Certification. 6. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 7. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from DocuSign Envelope ID: 555DE33A-OB66-4182-9AOC-3Bi F25FBD633 Page 3 Brunswick County 2019-0367 compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 10. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: httn•//t)ortal ncdenr orp/web/wq/s2M/ws/401/certsandpertnits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Adminislgs RECEIVED SEP 12 �7iq SEP 3 0 2019 DCM WILMINGTON, NC: DCM_MHD CITY DocuSign Envelope ID: 555DE33A-OB66-4182-9AOC-3B1F25FBD633 Page 4 Brunswick County 2019-0367 (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. Within sixty (60) calendar days of receipt of this notice, a petition must be filedwith the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1.601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington. Regional Office at (910)796-7379 or Chad. Cobumgncdenr. gov. Sincerely, EEOxuSipned by: sue, 64 eaaenianc'oras4... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4175 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) ROY COOPER MICHAEL S. REGAN .,,,;, BRAXTON DAVIS March 20, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax. 910-395-3964 (Courier 04-16-33) courtney.spears(ancdenr oov SUBJECT CAMA Application Review Applicant: James Hager Project Location: 218 Shoreline Dr. E, adjacent to the AIWN(, in Sunset Beach, Brunswick County Proposed Project: construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by April 13, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: CIL O PRINT AGENCY 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. Lo a i, &q a1 11'1 0.,-J- SIGNATURE l,00-YGLQL AA t,,.t`Q,tCsX✓ DATE Mate of Nmth Carolw Enwonmemal QuaW Coeatal Management 127 Cmdmal Dnw EM , Mhnmgton, NC 28405 919 796 7215 RECEIVED MAY 06 DCM WILMINGTON, NC RECEIVED SEP 3 0 2019 OCM-MIND CITY North Carolina Department of Administration State Property Office Roy Cooper, Governor May 6, 2019 TO: Courtney Spears -Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 FROM: Wanda Hilliard JGt)"Ot-a `A.C�GLACQ) Real Property Agent State Property Office SUBJECT: CAMA APPLICATION REVIEW —James Hager Machelle Sanders Secretary RE: 218 Shoreline Dr. E. adjacent to the AIWW in Sunset Beach, Brunswick County Construction of a private 3-slip docking facility Tim Walton Director Please confirm that the facilities are not located within the 1000'USACE AIW W easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. State of North Carolina I State Property Office 116 West )ones Street, Suite 4055 11321 Mad Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: h"p://www.ncspo.com ROY COOPER r,,,,,,n,.. MICHAEL S. REGAN BRAXTON DAVIS Ulmclor, Plvlrloa"/(,.,1.1 Management March 20, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears aancdenr.aov SUBJECT: CAMA Application Review Applicant: James Hager Project Location: 218 Shoreline Dr. E., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by April 13, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire 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 SIGNATURE &ftA>ll for Shannon Jenkins DATE 3/20/2019 Stale ofNorth Camlma I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext , Wilmington, NC 28405 919 796 7215 RECEIVED SEP 3 0 2019 0CM-MHD CITY RECEIVED MAR 2 1 2019 DCM WILMINGTON, NC K" Spears, Courtney From: Weychert, Curtis R Sent: Monday, August 5, 2019 11:17 AM To: Spears, Courtney Subject: RE: 218 Shoreline Drive - Hager This email will be fine. Stops at 18" for PWC lifts is sufficient. And yes, only PWC lifts for the life of the structure, if that is enforceable? From: Spears, Courtney <courtney.spears@ncdenr.gov> Sent: Monday, August 05, 201911:16 AM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: 218 Shoreline Drive - Hager Are you going to send me a letter or do you want me to just use this email? 18" or 24" stops? Only a PCW lift, right? Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.spears()ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Weychert, Curtis R Sent: Monday, August 5, 2019 9:03 AM To: Spears, Courtney <courtney.spears@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; Jessop, Jordan E CIV USARMY CESAW (US)<Jordan.E.Jessop@usace.armv.mil> Subject: RE: 218 Shoreline Drive - Hager Only stops on the lift like we discussed with the Hagers. Curt From: Spears, Courtney <courtnev.spears@ncdenr.gov> Sent: Monday, August 05, 2019 8:24 AM To: Coburn, Chad <chad.coburn@ncdenr.gov>; Jessop, Jordan E CIV USARMY CESAW (US) <Jordan.E.Jessop@usace.armv.mil>; Weychert, Curtis R <curt.wevchert@ncdenr.gov> Subject: FW: 218 Shoreline Drive - Hager Do you have any comments on the proposed Hager reconfiguration? Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality RECEIVED SEP 3 0 2019 DCM-MHD CITY 910 796 7426 office courtnev.spearsCancdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Spears, Courtney Sent: Wednesday, July 24, 2019 10:31 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.HairClusace.armv.mil>; Coburn, Chad <chad.coburn@ncdenr.aov> Cc: Weychert, Curtis R <curt.wevchert@ncderir.aov> Subject: 218 Shoreline Drive - Hager Hi all, Attached please see the reconfioguration submitted by James Hager for his project at 218 Shoreline Drive in Sunset Beach. They have changed the float to a fixed stepdown platform, and the lift is a 10'x10' for a personal watercraft. Please let me know if you have any questions or require additional information. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.spears(cbncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 ---Z---- ROY COOPER MI9HAEL S. REGAN S" m... t BRAXTON DAViS March 20, 2019 MEMORANDUM. FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext , Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16.33) cou rtnev.spearsiUncdenr. cLov SUBJECT: CAMA Application Review Applicant: James Hager Project Location: 218 Shoreline Dr. E., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the pro osed project and return this form to Courtney Spears at the address above by /1pCf! # -0 If you have any questions regarding the proposed project, contact Tyler McGuire 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. 7'�C­ 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. FRINI Lv.,4ME -rls lr>feta AGEIJCY NG DivlSlo� (LF �Pt,vc. �'is��_r,� SIGNATURE 44 C lc RECEIVED DCM WILMINGTON, NC °ATE —I - r'—�% APR 2 4 2019 RECEIVED Stale of Noel Carolina � Enairoionenlal Quality• I Coastal Management 127 Cardinal N c Eat. Wilo ingion. NC 28405 9t9 796 7215 S EP 3 0 2019 ROY COOPER _aernar MICHAEL S. REGAN 'ec, va"I STEPHEN W.MURPHEY 0ireemr MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DMF Fisheries Resource Specialisf G J ) THROUGH: Anne Deaton, DMF Habitat Assessment Manager �.� SUBJECT: Hager - Construction of a Private 3-Slip Docking Facility DATE: April 2, 2019 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The project is located along the waterline and public trust waters along 218 Shoreline Dr. E., Sunset Beach, Brunswick County. The project area is the connecting waters between the maintained navigation channels of Mary's and Turtle Creek and is commonly referred.to as "Jinks Creek". The waters within the project are classified as SA, High Quality Waters. (HQW) by the NC Division of Water Resources. The area is also a designated primary nursery area (PNA) by the NC Division of Marine Fisheries (NCDMF). NCDMF Shellfish Sanitation Section have classified the waters as prohibited to the harvest of shellfish. The applicant is proposing to construct a new, private 3-slip docking facility with associated boatlifts and floating platforms. The shallow intertidal waters within the project footprint contain multiple valuable habitat types listed within the Coastal Habitat, Protection Plan (CHPP). The shoreline transitions from lawn grasses to coastal wetland habitat dominated by black needlerush and smooth cordgrass which become inundated during periods of high tide and provide habitat for fish and invertebrates. At the interface between the coastal marsh and public trust open water, a significant presence of shellfish habitat exists: Large oyster reefs are growing along the marsh edge as well as individual reefs extending into the waterway up to 100 feet from the marsh edge. Areas void of oyster presence are a combination of soft unconsolidated mud and shell hash. The deepest part of the "channel" was recorded by NCDCM and NCDMF on December 6, 2018. The deepest recorded depths were -0.17 feet at normal low water (NLW) with a predicted tide of -0.2 feet below NLW. The area where the applicant is proposing to locate the docking facility was recorded to be 0.0' NLW before the tide fully receded. The entire creek is a mud flat at low tides. Based on NOAA tide predictions for Sunset Beach, water depths could potentially reach 2.0' for 3 hrs or less per tide cycle. In addition, oyster reefs extend approximately 20' seaward of the dock platform. The applicant is proposing to construct an access pier from high ground to connect to a T-head platform. This platform would be covered with a gazebo with two finger piers leading to boatlifts on one side and a ramp and floating platform on the other. The applicant has proposed to install lift stops on the two boatlifts and install a cradle beneath the floating structure to prevent contact with the'bottom. While a lift and stops can minimize habitat damage under the boat, it does not prevent State of' orth Carolina I Division of Marine Fisheries 3441 Arendell Street 1 P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 damage that would occur to the shallow PNA habitat and oyster reefs from using a motorized vessel in the extremely shallow waters. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp, Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs,, flounder, spot, Atlantic croaker, sea mullet, and rays. Many benthic predators are highly associated with the shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. Docking facilities have the potential to shoal after construction leading to decreased depths in slip areas and should be considered through the design process. Since this area is PNA, future requests to dredge will be opposed by the Division. Hardened structures in the water column can inhibit fish movement and prohibit fish access to nursery habitat, prevent public access, and cause erosion and sedimentation. The division has concerns allowing unnecessary hardened structures in PNA and segregating public trust waters. Floating docks repeatedly resting on the bottom can kill aquatic vegetation or shellfish beds, create anoxia in the sediment which can kill benthic invertebrates, and reduce the availability of shallow bottom habitat during low tide. In addition, vessels moving to and from these shallow water docks can cause propeller disturbance impacts to the PNA. Formalized slips in shallow water can allow vessels to repeatedly contact the bottom, resulting in; aquatic vegetation or shellfish bed loss, anoxia in the sediment which can kill benthic invertebrates and reduction of shallow bottom habitat during low tide. In addition, vessels moving to and from these shallow water docks can cause propeller disturbance impacts to the PNA. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront. The presence of live shellfish that historically or currently survive due to favorable conditions is considered shellfish habitat Developing a docking facility with the potential to continuously impact the bottom through boating activity and floating platforms causes concerns for shellfish due to compaction, displacement, as well as sedimentation and water quality degradation due to increased turbidity. Increased sedimentation raises concern for shellfish and shellfish habitat by either the direct burial of oyster beds or reductions in filtration efficiency, respiration rates, and/or reproduction and settlement Larval oysters require a clean hard bottom for RECEIVED attachment and sedimentation as little as 1 or 2 min may inhibit settlement. SEP 3 0 2019 Based on the above discussion, the DMF recommends denial of the permit application fpps�- this project as proposed because it will have significant adverse impacts on marine and'''CM-MHD CITY estuarine fisheries resources and habitats at the project site. If the project were modified RECEIVED DCM WILMINGTON, NC State of North Carolina I Division of Marine Fisheries APR 2 4 2019 3441 Arendeil Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-72t-7021 K to a fixed observation pier, eliminating docking structures such as boatlifts and floating docks and adding handrails, the DMF would remove its denial recommendation. Contact Curt Weychert at (252) 808-8050 or Curt4VeychertPncdenr gov with further questions or concerns. RECEIVED DCM WIWINGT©N1 NG APR 2 4 2019 State of North Carolina i Division of Marine Fisheries 3441 .At endell Street I P.O. Box 769 i Morehead City. North Carolina 28557 252-726-7021 3 Mil ROY COOPER 6,110111.11 MICHAEL S. REGAN %r Pik March 20, 2019 MEMORANDUM FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax 910-395-3964 (Courier 04-16-33) cou rtnev. spears(abncdenr.gov SUBJECT: CAMA Application Review BRAXTON DAVIS alnrroc.mau Applicant: James Hager Project Location: 218 Shoreline Dr. E., adjacent to the AIWW, in Sunset Beach, Brunswick County Proposed Project: construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by Ifillaw. If you have any questions regarding the proposed project, contact Tyler McGuire 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 M41K a � r✓n AGENCY _nF 'Q /U/z L�ut4/ �Ww'W SIGNATURE —Ala- "6Rt n.S DATE 3 -21-(q State of North Carolina I Emmonmental Quality I Coastal Management 127 Cardinal Dnw lixt., Wilmington, NC 28405 919 796 7215 RECEIVED SEP 3 0 201g DC"-MHD CITY RECEIVED 2 1 2019 DCM WILMINGTON, NC r r � L March 20, 2019 " Received: 03/25/2019 State Historic Preservation Offic -O'I COOPER MICHAEL S. REGAN irc+e BRAXTON DAVIS 1 /YM(VppIN m ER 19-1031 MEMORANDUAL 1 FROM Courtney Spears, Assistant Major Permits Coordinator ' NCDE] - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.spears(dncdenr.aov SUBJECT Applicant: Project Location: Proposed Project: CAMA Application Review James Hager Due -- 4/9/1 WJ A uo/Gbh W9 l" M 218 Shoreline Dr. E., adjacent to the A(WW, in Sunset Beach, Brunswick County construction of a private 3-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by Apr1113, 2019. if you have any questions regarding the proposed project, contact Tyler McGuire 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 Renee Gledhill -Earley AGENCY State Historic Preservation Office SIGNATURE k�z l.a�;CLNI DATE Suro of NO,* Carolina 1 Ern m.nml QhW iy 1 Cre4a1 kiamm nr•,m 121 CanhtW Dme Ern. Wilmmgm NC 28405 919 793 7215 RECEIVED OCM WILMINGTON, NC APR 2+ 2019 ECEIVED SEP 3 0 2019 DCM-MHD CITY MAR 2 6 2819 Spears, Courtney From: DCR - Environmental_ Review Sent: Friday, April 26, 2019 4:40 PM To: Spears, Courtney Subject: RE: CAMA Application: James Hager Hi Courtney, Sorry about that. We have no comment. Do you want me to send you a corrected form? Thanks. Have a nice weekend. Renee Shearin State Historic Preservation Office Division of Historical Resources Office of Archives and History North Carolina Department of Natural and Cultural Resources MSC 4617, Raleigh, NC 27699 919 814 6584 office 919 807 6599 fax renee.shearin(amcdcr. gov amass •0111111r• NC DEPARTMENT OF %iiiii NATURAL AND CULTURAL RESOURCES 111111r00■ --This message does not necessarily represent the policy of the Department of Natural and Cultural Resources. **E-mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law "NCGS.Ch.132" and maybe disclosed to third parties by an authorized state official. Please submit all Environmental Review projects to environmental. review(a�ncdcr.gov. Only one project per email. Allow at least 30 days for our review. We try hard to complete the reviews in fewer days, but under state and federal regulations we have 30 days to respond. See http://www.hpo.ncdcr.gov/er/er email submittal.html for guidelines on submitting projectsfor environmental review. Do not send .zip..tif files, downloads, or links to websites as we are not able to process these types of items. The message size, including all attachments, should be no larger than 20 megabytes. From: Spears, Courtney <courtney.spears@ncdenr.gov> Sent: Thursday, April 25, 2019 4:13 PM To: DCR - Environmental_ Review<Environmental. Review@ncdcr.gov> Subject: RE: CAMA Application: James Hager RECEIVED Hi, SEP 3 0 2019 DCM-MHD CITY This one doesn't have a response marked — I assume that is a "no comment"? Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soears(a)ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: DCR - Environmental_ Review Sent: Thursday, April 25, 2019 1:19 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: CAMA Application: James Hager Our response is attached. Thank you. Renee Shearin State Historic Preservation Office Division of Historical Resources Office of Archives and History North Carolina Department of Natural and Cultural Resources MSC 4617, Raleigh, NC 27699 919 814 6584 office 919 807 6599 fax renee.shearin(a)ncdcr. eov moons EENNE NC DEPARTMENT OF ONEMS NEESE NATURAL AND CULTURAL RESOURCES **This message does not necessarily represent the policy of the Department of Natural and Cultural Resources. **E-mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law'TICGS.Ch. 132" and may be disclosed to third parties by an authorized state official. Please submit all Environmental Review projects to environmental. reviewCcDncdcr.gov. Only one project per email. Allow at least 30 days for our review: We try hard to complete the reviews in fewer days, but under state and federal regulations we have 30 days to respond. See htto://www.hpo.ncdcr.gov/er/er email submittal.html for guidelines on submitting projectsfor environmental review. Do not send .zip, .tif files, downloads, or links to websites as we are not able to process these types of items. The message size, including all attachments, should be no larger than 20 megabytes. From: Simpson, Shaun <shaun.simpson@ncdenr.gov> Sent: Wednesday, March 20, 2019 11:24 AM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Christenbury, Mike <mike.christenburv@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler(cDnccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.Rov>; 'hardison, jeremy' (ieremv.hardison@carolinabeach.org) <ieremv.hardison@carolinabeach.org>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov> Cc: sdills@sunsetbeachnc.gov; Spears, Courtney <courtnev.spears@ncdenr.gov> Subject: CAMA Application: James Hager Hello All: Please accept this correspondence as the official distribution of a CAMA application from James Hager for development in Sunset Beach, Brunswick County. Attachments include: Field Investigative Report, narrative, application, workplans, comment sheet and any other document specifically for you. NO oversize workplans were submitted by the applicant Please contact Courtney Spears at courtnev.spears@ncdenr.gov or (910) 796-7426 with questions or concerns. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7226 Shaun.Simpson@ncdenr.gov AA v—fit; E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. RECEIVED SEP 3 0 2019 DCM-MHD CITY WAV Spears, Courtney From: Butler, Rodney Sent: Friday, May 3, 2019 2:39 PM To: Spears, Courtney Subject: NO COMMENT RE: CAMA Application: James Hager Attachments: Hager comment sheet (No Comment).docx; project_report_cama_218 _shoreline_dr_e_adj_18304_18304.pdf No Comments RODNEY A. BUTLER Business Services Coordinator 121 West loner St MSC 1651 Raleigh, NC 27699 919.70, 8003 office moons ■OMEN NC DEPARTMENT OF women mason NATURAL AND CULTURAL RESOURCES *lamer From: Spears, Courtney Sent: Friday, May 03, 2019 11:45 AM To: sdills@sunsetbeachnc.gov; Christenbury, Mike <mike.christenbury@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Harris, David B <davidharris@ncdot.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: FW: CAMA Application: James Hager Hi all, Please submit any comments you may have on this project as soon as you can. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office RECEJVED courtnev.spears(a ncdenr.gov 127 Cardinal Drive Ext. SEP 3 0 2019 Wilmington, NC 28405 l)CM-MHn ^1r 1 From: Simpson, Shaun Sent: Wednesday, March 20, 2019 11:24 AM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review(a@ncdcr.aov>; Butler, Rodney A <Rodney,Butler@ncdcr.eov>; Zeigler, Mark D <mzeisler@nccommerce.com>; Harris, David B <davidharris(a@ncdot.eov>; Dunn, Maria T. <maria.dunn@ncwildlife.ore>; Walton, Tim <tim.walton@doa.nc.Bov>; Moser, Mike <mike.moser@doa.nc.aov>; 'hardison, jeremy' (leremv.hardison@carolinabeach.ora) <leremv.hardison@carolinabeach.org>; Gupton, Sharon <sharon.eupton nccl n .eov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Hall, Christine <Christine.HaII@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.sov>; Cox, Heidi <heidi.cox@ncdenr.eov> Cc: sdills@sunsetbeachnc.gov; Spears, Courtney <courtney.spears@ncdenr.sov> Subject: CAMA Application: James Hager Hello All: Please accept this, correspondence as the official distribution of a CAMA application from James Hager for development in Sunset Beach, Brunswick County. Attachments include: Field Investigative Report, narrative, application, workplans, comment sheet and any other document specifically for you. NO oversize workplans were submitted by the applicant Please contact Courtney Spears at courtney.spears@ncdenr.aov or (910) 796-7426 with questions or concerns. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management 117 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7226 Shaun.Simasongncdenr. aov I E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00545 County: Brunswick U.S.G.S. Quad: NC -Calabash GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Pemtittee: James Hager Address: 218 Shoreline Drive East Sunset Beach, NC 28468 Email 4 avlhagerta)gmail.com Size (acres) 0.03 Acres Nearest Town Sunset Beach Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.8853590 Longitude:-78.5050540 Location description: Site is located at 218 Shoreline Drive East in Sunset Beach, Brunswick Countv, NC. Description of projects area and activity: This verification authorizes the construction of a new fixed pier, measuring approximately 5' in width by 110' in length, a fixed step-down platform measuring 6'xl2', with a 13'xl7' gazebo, and a 10'x10' personal water craft (PWC) lift. Applicable Law(s): ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: RGP197800056 Piers, Docks, Boathouses SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 3/20/2019, and the enclosed plans Sheets 1-1, of 1, dated 3/15/2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide 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 Jordan E. Jessov at 910-2514810or Jordan.e.iessop(a),usace.armv.mil. D"dAly s,ned by Corps Regulatory Official: 1ESsoP.,oHOAN.E.1515MSM Date: 9/19/2019 �ZB19 B9.191454.t` Expiration Date of Verification: 12/31/2021 nano RECEIVED �FP 302019 DCM-MHD CITY 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 the Customer Satisfaction Survey located at http: //corpsmapu. u sace. army. m i l/c m_apex/Pp=13 6:4: 0 Copy furnished: Agent: Kellie Norris Address: 1.51 Poole Road 100 Belville, NC 28451 Telephone Number: 910-383-1044 E-mail: kellie.norris(a)caoefeareneineerine.com RECEIVED SEP 10 2019 OCM-MHD CITY Action ID Number: SAW-2019-00-5 45 County: Brunswick Permittee: James Hazer Project Name: 218 Shoreline Drive Date Verification Issued: 9/19/2019 Project Manager: Jordan E. Jesson 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: Jordan E. Jessop Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 or j ordan.e. jessop(ausace.army. mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED SFP 3 0 2019 0CM.-NIH13 CITY SAW-2019-00545 21$Shoreline Drive, Sheet 1 of I ar - + Qea` r • ✓� +6 +gat . sss + 6.a - + 638 - i FP 0 4 wsm«wvwrx«a 5.86 ® .owmm lu 4wROwdlCO 5' x «7 \ . - i .. .«4 y. y4 i �' „ ` F I aera4eu / •\ay Qt } 1 �� Y Y� � i � taRF �iw+ � "� x ; 2_• ` � , X _tea, o�:E94Rti� a o.4s Q� \ ,-- N _ �yC4'_W t'.ma4[r � L zal� �• atocF u.e rs %m T t RP6LNPN ]RROCC 3ita4fR r rw''4*a � .� �• a � �ve�.aro4.r 89II lFg1A11]IIY R1H�l RECEIVED SCAR 15 Z019 N WILMINGTON. NC aom..4a wm®�arm..n4 m" 15 Z019 JAWS HAGAR NOR�7BrACH CAROLPIK CAMA MA.KX P@ Spears, Courtney From: Kyle Herring <kyle.herring@capefearengineering.com> Sent: Friday, May 24, 2019 11:45 AM To: McGuire, Tyler D Cc: Spears, Courtney; Kellie Norris Subject: RE: [External] FW: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr Tyler, Courtney, Could we place this Application temporarily on hold? Our Client and Contractor are trying to get a scoping meeting requested on this project and may have already reached out to you all. Thanks and let me know if you have any questions, Kyle Herring, El CAPE FEAR ENGINEERING Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. From: McGuire, Tyler D[mailto:Tyler.McGuire@ncdenr.gov] Sent: Tuesday, May 14, 2019 12:48 PM To: Kyle Herring <kyle.herring@capefearengineering.com> Cc: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: [External] FW: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr Kyle, Attached are Curt's (DMF) comments from his review of the application. We are not able to provide a letter from DCM because the application is not on hold by us. DWR has put a hold on your application. The Hager application is still being processed by DCM. If you would like to put the application on hold please let Courtney Spears know, and I have copied her on this email. Let me know if you have any questions or if I can be of further assistance. Thank You, _��a.,4C, Environmental Specialist RECEIVED Division of Coastal Management HP 3 0 2019 D(-,M-MHD CItY North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 TVIer.MCGuire(a,ncdenr.Eov "E-mail correspondence to and from this address may be subject to Uie North Carolina Public Records Lmv and may be disclosedto third pardes From: Kyle Herring fmailto:kvle.herring@capefearengineering.coml Sent: Tuesday, May 14, 2019 11:52 AM To: McGuire, Tyler D <Tyler.McGuire@ncdenr.eov> Subject: [External] FW: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr See Below. Kyle Herring, El CAPE FEAR ENGINEERING Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. if you have received this message in error please delete it and any copies of it and notify the sender immediately. From: Kellie Norris Sent: Wednesday, April 24, 2019 8:24 AM To: Kyle Herring <kyle.herring@capefearengineering.com> Subject: FW: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr From: laserfiche@ncdenr.eov fmailto:laserfiche@ncdenr.eovl Sent: Tuesday, April 23, 2019 4:45 PM To: Kellie Norris<kellie.norris@capefearengineering.com> Cc: chad.coburn@ncdenr.gov Subject: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr The review for. this -project has been completed and a copy of our decision can be found in the project link provide below. If you haveanyquestions, contact:jnformation is provide below and is included in the decision letter. ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C.DAVIS O1ector SENT VIA EMAIL Cape Fear Engineering c/o Kyle Herring NORTH CAROLINA EnVtraniamW Quality May 28, 2019 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for James Hager Dear Mr. Herring: This correspondence acknowledges your May 24, 2019 email in which you indicated that you wish to place James Hager's CAMA Major Permit application in abeyance until a meeting can be held with the resource agencies to discuss project concerns. Based on this request, processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T1SA:07J.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796-7426, or by e-mail at courtney.spears@ncdenr.gov. Permits Coordinator Cc: MHC Files WiRO Files Liz Hair, USACE Chad Coburn, DWR RECEIVED SEP 3 0 2019 CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 %0.7%.7215 DB7-8C3-4D1E-246AC0C77DocuSignEnveope C3 ROY COOPER cwanar NECHAEL S. REGAN spy UNDA CULPEPPER D NORTH CAROLINA EM&WUnanAui QaafNy April 17, 2019 Brunswick County DWR Project: 2019-0367 CERTIFIED MAIL #7013-2630-0002-0760-9541 Mr. James Hager I I I Dundee Court Cary NC 27511 Subject Property: REQUEST FOR ADDITIONAL INFORMATION 218 Shoreline Drive East — Sunset Beach Dear Mr. Hager, On March 20, 2019, the Division of Water Resources (DWR) received a copy of your CAMA Major Application requesting a 401 Water Quality Certification for the subject project. The DWR has determined that your application is incomplete and cannot be processed. The application is on -hold until the following information is received: According to the information within the submitted CAMA Major Permit application, the water depths within this area at Normal Low Water are listed as -1.15 feet to -1.41 feet. However, according to a site visit on December 6, 2018, by representatives of the Division of Coastal Management and the Division of Marine Fisheries, the depths at low tide were between 0.0 feet and -0.17 feet. The waters (a tributary commonly referred to as "Jink's Creek" between Mary's Creek and Turtle Creek) that comprise the area of this project are classified by the DWR as SA, High Quality Waters, and are designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries. Due to the extremely shallow water depths within this area the DWR feels that the project as proposed would have significant adverse impacts upon water quality. [15A NCAC 02B .0201 ] In addition, a formal water depth survey should be done to provide accurate water depths to allow for avoidance and minimization of potential impacts. Please revise the plans to avoid these potential impacts to PNA. Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all the above requested information for the proper consideration of the application. If all the requested information is not received in writing within 30 calendar days of receipt of this letter, the Division will be unable to approve the application and it will be returned. The return of this project will necessitate the reapplication to the Division for approval, including a complete application plilftFIVE ►e appropriate fee. SEP 3 0 2019 DCM-MHD CITY North Carolina Department of Environmental Qualify I DtvWm of Water Resources Wilmington Regional Office 11Z7 Cardinal Drive Extension I Wilmington North Carohm Z8405 ^��• •ems+\ /' 910.79E,7215 DocuSign Envelope ID: B3BBBC7E-81 C3-4D63-B1 E8-2046AC08C077 Please be awa're4hat yotf have no authorization under Section 401 of the Clear Water Act for this activity and any work done within waters of the state would be a violation of North Carolina General Statutes and Administrative Code. If you have any questions, please contact Chad Coburn in the DWR Wilmington Regional. Office at (910)796-7379 or Chad.Cobumna,ncdenr.gov. Sincerely, Do uftned by. E]A6A1dAClOCd3M1... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ cc: Liz Hair - USACE Wilmington Regulatory Field Office (via email) Kellie Norris — Cape Fear Engineering (via email) Courtney Spears — DCM Wilmington (via email) Spears, Courtney From: McGuire, Tyler D Sent: Tuesday, May 14, 2019 12:48 PM To: Kyle Herring Cc: Spears, Courtney Subject: RE: [External] FW: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr Attachments: Hager Comments Signed DMF CW_AD.pdf Kyle, Attached are Curt's (DMF) comments from his review of the application. We are not able to provide a letter from DCM because the application is not on hold by us. DWR has put a hold on your application. The Hager application is still being processed by DCM. If you would like to put the application on hold please let Courtney Spears know, and I have copied her on this email. Let me know if you have any questions or if I can be of further assistance. Thank You, � Environmental Specialist Division of Coastal Manaeement North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Tv1er.McGuireriu ncdenr.eov *E-mail correspondence to and from this address ntay be subject to the North Carolina Public Records Law and may be disclosed to third purdes. From: Kyle Herring [mailto:kyle.herring@capefearengineering.com] Sent: Tuesday, May 14, 2019 11:52 AM To: McGuire, Tyler D <Tyler.McGuire@ncdenr.gov> Subject: [External] FW: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr See Below. Kyle Herring, El CAPE FEAR ENGINEERING RECOVED SEP 3 0 2019 DCM-MHD CITY Notice: The information contained in this message is intended only for use of the individual(s) named above and may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you are not the intended recipient of this message you are hereby notified that you must not use, disseminate, copy it in any form or take any action in reliance of it. If you have received this message in error please delete it and any copies of it and notify the sender immediately. From: Kellie Norris Sent: Wednesday, April 24, 2019 8:24 AM To: Kyle Herring <kyle.herring@capefearengineering.com> Subject: FW: Decision for 20190367 Vert Hager 218 Shoreline Dr From: laserfiche@ncdenr.gov fmailto:laserficheC@ncdenr.govl.. Sent: Tuesday, April 23, 2019 4:45 PM To: Kellie Norris<kellie. norris@capefearengineering.com> Cc: chad.coburn@ncdenr.gov Subject: Decision for 20190367 Ver 1 Hager 218 Shoreline Dr The review for this project has been completed and a copy of our decision can be found in the project link provide below. If you have any questions, contact information is provide below and is included in the decision letter. Project Number: 20190367 Version: 1 Reviewer: Coburn, Chad - chad.coburnnncdenr.gov Reviewing. Office: Wilmington Regional Office - (910) 796-7215 Project Link: https://edocs.deq.nc.gov/WaterResourcesBrowse.asi)x?dbid=0&startid=842230 This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. Spears, Courtney From: Jessop, Jordan E CIV USARMY CESAW (US) <Jordan.E.Jessop@usace.army.mil> Sent: Monday, July 1, 2019 7:23 AM To: Spears, Courtney Subject: RE: (External] SAW-2019-00817 RGP 56 (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED Hey Courtney, I found out on Friday afternoon after I came home that my partner has a doctor's appointment this Wednesday (last minute thing, only time that was available) that I really need to be at, so I cannot make the site visit. I apologize. Would you mind conveying that without changes to the plans and concurrence from the state the Corps' won't be able to verify the permit as proposed? I was planning on sending a denial without prejudice letter for the current submittal, but perhaps I should wait until after the site visit? Thanks, Jordan -----Original Message ---- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Friday, June 28, 2019 3:27 PM To: Jessop, Jordan E CIV USARMY CESAW (US) <Jordan.E.Jessop@usace.army.mil> Subject: [Non-DoD Source] Automatic reply: (External] SAW-2019-00817 RGP 56 (UNCLASSIFIED) I will be out on leave and will return Monday, July 1st. If you need immediate assistance, please contact Doug Huggett at doug.huggett@ncdenr.gov or 252-808-2808. Thank you, Courtney Spears CLASSIFICATION: UNCLASSIFIED RECEJVED SEP 3 0 2019 DCM-MHD CITY OG Spears, Courtney From: Sent: To: Cc: Subject: Attachments: Weychert, Curtis R Wednesday, June 12, 2019 2:12 PM Wilson, Debra McGuire, Tyler D; MacPherson, Tara; Spears, Courtney Possible Violation at 216 Shoreline Drive FW: 216 Shoreline Drive; D00051419-05142019104335.pdf; D00051419-05142019104346.pdf; Randolph & Sylvia Brecheisen.pdf Hey Debbie, I'm not sure about the process for the violation status of projects, however, when I was doing site investigations at 218 Shoreline Drive in Sunset Beach a few weeks ago I saw a docking facility (216 Shoreline Dr.) with a Lift and a float that were sitting on mud bottom at low tide. I looked up the history of the project and it was one that Gregg had worked on. I have included the documentation I could find that shows that both the lift and floating structure were conditioned to have stops on them. I didn't know who to send this to so I copied the whole gang of potential possibilities. I'd be happy to help with this issue since it was primarily a fisheries concern. Let me know if you want to talk more about this or the permit history involved. I thought I had pictures of the structures, but my panoramas stopped just shy of the neighbor's docking facility. Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Marine Fisheries North Carolina Department of Environmental Quality 252-808-8050 Curt. WevchertOncdenr.00v 3441 Arendell Street Morehead City, NC 28557 RECEIVED SEP 3 0 2019 DCM-MHD CITY V41 Spears, Courtney From: Spears, Courtney Sent: Wednesday, July 24, 2019 10:31 AM To: Hair, Sarah E CIV CESAW CESAD (US); Coburn, Chad Cc: Weychert, Curtis R Subject: 218 Shoreline Drive - Hager Attachments: Hager_reconfiguration.pdf Hi all, Attached please see the reconfioguration submitted by James Hager for his project at 218 Shoreline Drive in Sunset Beach. They have changed the float to a fixed stepdown platform, and the lift is a 10'x10' for a personal watercraft. Please let me know if you have any questions or require additional information. Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev. spears(ancdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 RECEIVED SEP 10 2019 G,M••MHD CITY ME Spears, Courtney From: Spears, Courtney Sent: Wednesday, July 24, 2019 10:32 AM To: 'Susan Hager'; Jay Hager Subject: RE: [External] 218 Shoreline - Sunset Beach Thanks, Susan. I will send this out to the review agencies and resume processing the application. I will send an off -hold letter later today. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev. soearsOnedenr.aov 127 Cardinal Drive Ext Wilmington, NC 2B405 From: Susan Hager [mailto:sunsetlgirl@yahoo.com] Sent: Wednesday, July 24, 2019 8:25 AM To: Spears, Courtney <courtney.spears@ncdenr.gov>; Jay Hager <jaylhager@gmail.com> Subject: [External] 218 Shoreline - Sunset Beach Dear Ms. Spears, I hope the attachment is suitable to proceed with our application. Have a nice day, Susan Hager 919-624-1741 RECEIVED SEP 3 0 N19 DCM_MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Otrector SENT VIA EMAIL NORTH CAROLINA Environmental Quality August 6, 2019 James & Susan Hager iavlhaeer(@t,gmail.com; sunsetlgirt vahoo.com SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for James Hager Dear Mr. & Mrs. Hager: This letter is in response the above -referenced Coastal Area Management Act (CAMA) permit application, which was accepted as complete on March 15, 2019. On May 24, 2019, processing of this application was placed on hold per your request. This office received an email from you on July 24, 2019 stating that you wish for processing to resume. Therefore, processing of the permit application has officially resumed as of July 24, 2019. The revised 75-day date was July 29, 2019. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make October 12, 2019, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e- mail (courtney.spears@ncdenr.gov). Cc: MHC Files WiRO Files Jordan Jessop, USACE Chad Coburn, DWR S' rely Cou a Spears Assis t Maior Permits Coordinator RECEIVED SEP 3 0 Z019 F)CM-MHD CITY North Carolina Departmem of Environmental Quality I Divislon of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 Lu 111 lid 1 „ U ,in � � rl:�� X•'� iy y�t�; r ', �V + � c.� x qx 1 lu LLI m e 1 .pp Id v 1� RECEIVED kt 1 SEP 3 0 2019 1 ybit DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: James Hager PROJECT NAME: .�ulkhead w/frll COUNTY: Brunswick LOCATION OF PROJECT: 218 Shoreline Dr. E., adjacent to the AIWW in Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-15-19 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: McGuire DISTRICT MANAGER REVIEW: 2,1i B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REC'D: 3-23-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 5-29-19 MAIL OUT DATE: 3-20-19 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC'D: S250 # 2250 END OF NOTICE DATE: 4-13-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 4-13-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Local Permit Officer DCM DCM — LUP Consistency Determination Rural Development Division DEMLR — Stormwater & Sed/Erosion DWR-401 DOA — State Property Office DMF — Shellfish Section NCDOT DMF — Habitat & Enhancement DWR—Public Water Supply USACE — Regulatory DNCR — Archives & History DNCR—Natural Heritage Program WRC — Wildlife Resources Commission MAR 2 2 2019 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee:$250 #?,250 CDAITS _ MHC cc Applicant: Hager, James IF Agent/Contractor: Cape Fear Engineering c/o Kel/le Norris Project Site County: Brunswick Staff: Tyler McGuire District: W71mington Project Name: Hager Docking Facility Rover File: River Basin: L.tk1Ais eZ Initial date of application submittal: 2-21-19 Date application "received as complete" in the Field office 3 / j 5 /20 19 Permit Authorization: WCAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: []Yes XNo PNA: Yes ❑No Photos Taken: Yes Z No❑ Setback Required (riparian) gYes [_]No Critical Habitat: ®Yes []No ❑Not Sure 15 foot waiver obtained: []Yes No Hazard Notification Returned: �/A ®No ❑Yes SAV: []Yes No ❑Not Sure Shell Bottom: DlYes ❑No ❑ Not Temporary Impacts: WYes ❑No Sure Sandbags: as ®No ❑ Not Sure Did the land use classification come Mitigation Required (optional): //4 from county LUP: ®Yes ❑No ❑Yes ®No N Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ®No ❑NA qq • S FT. ❑Yes []No ®NA Shellfish Area Designation: Project Description: (code) N/A Development Area: (code) Development os Open -or- e SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) I FM Nutrient Sensitive Waters (NSW) I []Swamp Waters (SW) High QualityWaters (HOW) I U Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh oordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemifiora) . cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow 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 ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ 11. Public or commercial/no dredge REC EIVED- $100 and/or fill - $400 I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 MAR 2 2 2019 acre; 4144 can be applied; DCM needs DWO agreement - $400 Hager, James Date: 2-21-19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One p PR New Work Replace r 2 1 1 D Maint ❑ Ely ®N �E I 1 New Work ® Replace 12 Maint ❑ ❑ Y ® N O .f New Work ® Replace (c�J Y r nN 1T 1 Maint ❑ ❑ Y ® 1 r FP 2 New WorkA Replace it,= f 1 Z4 *2 51 Maint ❑ ❑Y MN 14 Q L 2- New Work Replace t L/S vf1 �0 *2 01 10 02 � Maint ❑ ❑Y®N cc New Work ® Replace {J c Maint❑ El JRN New Work ❑ Replace Maint ❑ ❑Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOTAL 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 temp impacts) impact amount) temp impacts, amount H�f Dredge ElFill ❑ Both ❑ Other ® yTf, $O R2 L Dredge [I Fill I--]BothEl Other 9 � 't OYa yr � q O �42 `�, O N • -lit $ 59a Z Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmanaaement.net revised: 10/12/06 Major Permit Fee Schedule Project Name: 2 j F ENOREtANE County:I c< CtD9--1d6 F?AZT r J V. nl�S�T VE.gC.hi Check No & Amount: -# 22 5o 0 Zso Development Type DCM % (14300160143510009316256253) DWQ % (2430016024351000952341) I_ Private, non-commercial development ylFee hat does not involve the filling or xcavahon of any wetlands or open ater areas: $250 100% ($250) 0% ($0) It. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) 11). For development that involves the Ming and/or excavation of up to 1 acre of Hands and/or open water areas, etermine if A,B, C, or D below applies' III(A). Private, non-commercial evelopment, if General Water Quality ertification No. 4144 (See attached) can be applied $250 100% ($250) 0% ($0) Ill(B). Public or commercial development, if General Water Quality Certification No 144 (See attached) can be applied: $400 100% ($400) 0% ($0) III(C) If General Water Quality Certification No, 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed. because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No 4144 (see attached) cannot be applied: $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre f wetlands and/or open water areas: $475 60% ($285) 40% ($190) r(,;1I 2 z Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 3/7/2019 H5 Construction, LLC James Hager BB&T 2250 $250.00 major fee, 218 Shoreline Dr E, TP rct. 7791 Sunset Beach BrCo NO Split } rnF♦ W % U1 N cl U ❑ C G LLI I U RECOMMENDATIONS FOR JAMES HAGER 3/20/2019 Docking Facility Total Area Calculations: Shoreline Length 99.5' x 8' = 796 ft2 Allowable Finger Pier #1 5' x 24' = 120 ft2 Finger Pier #2 5' x 14' = 70 ft2 Gazebo 13' x 17' = 221 ft2 Floating Dock 8' x 15' = 120 ft2 Total = 531 ft2 This office would have no objections to the proposed project provided that stops are installed on the boatlifts and a fixed cradle is constructed for the floating dock as previously described in order to maintain a minimum of 2' (or 18") of clearance beneath the structures at all times for the life of the docking facility. This recommendation is provisional upon any concerns from other state and federal agencies. Due to the limited amount of water present during periods of low tide in the vicinity of the proposed docking facility as illustrated in the work plans and as shown in the photographs, there could be potential for bottom disturbances. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom and benthic communities within primary nursery areas. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be INCONSISTENT with 15A NCAC 07H .0208 (a) (2), which requires that the location, design and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine System AEC (Rule .0203 of this subchapter) and the project shall be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. As proposed, the project appears to be CONSISTENT with the Specific Use Standards for Estuarine Waters and Public Trust Areas, as set forth in 15A NCAC 07H .0208 (b), and also with the Use Standards for Coastal Shorelines, as set forth in 15A NCAC 07H .0209 (d). This office has no objection to the proposed work, provided that it is consistent with all other local, state, and federal permitting requirements. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard docking facility development as well as the following conditions. RECEIVED MAR 2 2 2019 DCM-MHD CITY 0 NORTH CAROLINA Envirunwinal Quality March 20, 2019 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • James Hager ROY COOPER Oownwr MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimaor. DivLsm ofCoasml Mmrgeme,a Hello Angie: Please publish the attached Notice in the Saturday, March 23, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Debbie Wilson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7266. Paying by credit card to the attention of Jarimy Springer, (Ref acet # 796-7215). Pease 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. Sincerely, S aun K. Simpson Permitting Support & Customer Assistance cc: MHC file Courtney Spears - W iRO Liz Hair - USACE RECEIVED MAR 2 2 2019 State of North Carolina I Environmental Quality I Coastal ManWmwt 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 D C M-M H D CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On March 15, 2019 James Hager proposed to construct a docking facility at 218 Shoreline Dr. E., adjacent to a tributary off the AIWW in Sunset Beach, Brunswick County. A copy of the application can be examined or copied at the office of Tyler McGuire, 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 April 13, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAR 2 2 2019 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James Hager 2. LOCATION OF PROJECT SITE: 218 Shoreline Drive East, Sunset Beach, Brunswick County PHOTO INDEX: 2006 M-6586 2-6205 L-16 LATITUDE: 33' 53' 7.5" N LONGITUDE: 78' 30' 18.3" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit: December 6, 2018 Applicant/Agent Present: NO 5. PROCESSING PROCEDURE: Application Received: February 21, 2019 Application Completed: March 15, 2019 Office: Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan: Brunswick County Land Classification From LUP: Mainland Residential (MR2) (B) AEC(s) Involved: CW, ES, PTS, EW, & PTA Water Dependent: YES (C) Intended Use: Private Residential Docking Facility (D) Wastewater Treatment: Existing — None Planned — N/A (E) Type of Structures: Existing — Single Family Residential House Planned — Private Residential Docking Facility (F) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED IMPACTS (A) Uplands N/A N/A (Disturbed)0 ft2 (B) Vegetated Wetlands N/A N/A 190 ft2 (Shaded) (C) Open Water N/A N/A 859 ft2 (D) Total Area Disturbed: 1,129 ft2 (0.03 Acres) (E) Primary Nursery Area: YES (F) Water Classification: SA; HQW (G) Shellfish Harvesting Open: NO 8. PROJECT SUMMARY: The applicant is proposing to construct a new private residential three (3) slip docking facility adjacent to a tributary in between Mary's Creek and Turtle Creek off of the Atlantic Intracoastal Waterway (AIWW). RECEIVED MAR 2 2 2019 DCM-MHD CITY Hager, James Page 2 9. PROJECT DESCRIPTION The applicant's property is located at 218 Shoreline Drive East, adjacent to a tributary in between Mary's Creek and Turtle Creek off of the AIWW in Sunset Beach, Brunswick County. To locate the project site from the Wilmington Regional Office (WiRO), travel southwest from Wilmington to Sunset Beach on US 74 W (Martin Luther King Jr Pkwy) & US 17 S for approximately 45 miles until you reach Ocean Isle Beach Road SW on your left. Travel about 2 miles down Ocean Isle Beach Road SW and then turn right at the round -about onto Old Georgetown Road SW. Go down Old Georgetown Road SW for about 3 miles until you reach Seaside Road SW (NC 179 / NC 904) and make a left at the traffic light. Then travel almost a mile and a half down Seaside Road SW (NC 179 / NC 904) until you meet Sunset Boulevard N at the intersection and make a right. Once you turn onto Sunset Boulevard N go down that road until you encounter your second traffic circle. Make a left (3RD exit) at this round -about onto Shoreline Drive East and the destination will be on your right. The project site is bordered by residential properties to the east and west, Shoreline Drive East to the north, and a tributary in between Mary's Creek and Turtle Creek off of the AIWW to the south. The applicant currently maintains a single family residential house on the project site. There is approximately 99.5' of shoreline frontage along the southern border of the property which is stabilized with natural vegetation. The elevation of the upland high ground area of the lot measures approximately 6.5' above normal high water (NHW). Upland vegetation consists of lawn grasses, native shrubs, and hardwood trees. The upland portion of the tract borders Coastal Wetlands consisting primarily of Black Needle Rush (Juncus roemerianus) and Smooth Cord Grass (Spartina alterniflora) that extends approximately 40' waterward from the high ground escarpment. Waterward of the Coastal Wetlands are intertidal areas incorporated by oyster beds ranging from approximately 10' to 50' in width. This tributary located directly waterward from the project site and in between Mary's Creek and Turtle Creek was denied a permit for maintenance dredging in 1996 and again in 1998 by the Division of Coastal Management (DCM) on the basis that the proposed dredge channel was within highly functioning Primary Nursery Area (PNA) habitat. The mean low water (MLW) contour is located approximately 20' waterward from the edge of the oyster beds. The applicant states that the waterbody measures approximately 173' wide with an average water depth of -1.4' at normal low water (NLW) at the waterward end of the proposed docking facility. The Brunswick County Land Use Plan classifies the area in the vicinity of the project area as Mainland Residential (MR2). The waters in the project area are classified as SA/HQW by the N.C. Division of Water Resources (DWR). The waters are also designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries (DMF), and they are closed to the harvest of shellfish. RECEIVED MAR 2 2 2019 DCM-MHD CITY Hager, James Page 3 10. The applicant is proposing to construct a new private residential three (3) slip docking facility adjacent to a tributary in between Mary's Creek and Turtle Creek off of the Atlantic Intracoastal Waterway (AIWW). As proposed, the docking facility would try to utilize an area that is void of oyster beds. As proposed, the new docking facility would include a fixed pier with a gazebo, a floating dock, and two boatlifts. The fixed pier would originate from the center portion of the lot on high ground approximately 49' from the eastern property boundary and measure approximately 5' in width by 110' in length. Approximately 16' of the proposed pier would be constructed over uplands, then approximately 38' would extend over Coastal Wetlands until reaching open water and then extending approximately 56'. The pier would terminate at a fixed T-head platform measuring approximately 12' by 16'. This fixed platform would be covered with a 1' overhang roof resulting in a gazebo with a dripline measuring approximately 13' by 17'. Extending from the eastern side of the pier, landward from the gazebo, woulc be two fixed finger piers resulting in a catwalk to access the two proposed boatlifts. The first fixed finger pier would measure approximately 5' by 24' and would extend out in an eastern direction. The second fixed finger would measure approximately 5' by 14' and would extend waterward in a southerly direction and be located in between the proposed boatlifts. The applicant is proposing to install two boatlifts at the eastern end of the docking facility, one for a boat and the other for a Personal Water Craft (PWC). Adjacent to the gazebo, this proposed boatlift would measure approximately 10' by 10' and would be utilized for a boat. The second proposed boatlift would be installed to the east of the waterward finger pier, measure approximately 4.75' by 10', and would be utilized for a PWC. As proposed, both boatlifts would incorporate stops to protect the substrate from usage during periods of low tide. The applicant is also proposing a floating dock at the western end of the docking facility. To access the floating dock, a ramp would extend in a western direction landward from the gazebo and directly opposite from the first finger pier, measuring approximately 4' by 12'. The proposed floating dock would measure approximately 8' by 15' extending perpendicular to the shoreline. The applicant is proposing to construct a wooden cradle to support the floating dock at a fixed elevation approximately 2' above the substrate to prevent the structure from resting on the bottom during periods of low tide ultimately protecting the substrate and the benthic habitat. According to the applicant, water depths in the vicinity of the proposed boatlifts and floating dock measure approximately -1.15' to -1.41' at MILK The proposed project would result in a three (3) slip private residential docking facility. RECEIVED MAR 2 2 2019 DCM-MHD CITY Hager, James Page 4 11. ANTICIPATED IMPACTS The proposed docking facility would disturb approximately 80 W of uplands within the 30' Coastal Shoreline Buffer of the 75' Estuarine Shoreline Area of Environmental Concern (AEC), would shade approximately 190 ft' of vegetated wetlands within the Coastal Wetlands AEC, consisting primarily of Smooth Cord Grass (Sparfina afterniflora), and would finally incorporate approximately 859 ft2 of open water within the Estuarine Waters and Public Trust Areas AECs. A total area of approximately 1,129 ft2 would be disturbed as a result of the proposed docking facility. The proposed pier located over coastal wetlands would be a minimum of 3' above the substrate. Water depths in the vicinity of the proposed slips measure approximately -1.15' to -1.41' at MLW according to the applicant. However, from my site visit on December 6, 2018 these reported water depths do not reflect the true water depths. measured approximately -0.17' at NLW extending out waterward into the channel approximately 126' from the high ground escarpment located at the western property corner. Both proposed boatlifts as well as the proposed floating dock would incorporate stops measured at a minimum of 2' above the substrate to protect the benthic habitat in this PNA. The proposed docking facility would be located approximately 10' from the edge of the channel and would not obstruct navigation. Islands of coastal wetlands exist waterward of the proposed docking facility, with a distinct small marsh island located waterward and south of the proposed floating dock resulting in a waterbody width of approximately 173', as stated by the applicant. The proposed docking facility would extend a total distance of approximately 69' into open water measured from the waterward edge of coastal wetlands. With a reported waterbody width of 173' to the nearest marsh island, the proposed docking facility would surpass the'% width of the waterbody, but not exceed the''/a width of the waterbody. There is not an established pier head alignment for this tributary in between Mary's Creek and Turtle Creek due to all adjacent existing docking facilities measuring less than 100' in length. The adjacent docking facilities located to the west of the project area appear to have been constructed when the Coastal Resources Commission (CRC) rules allowed for piers to extend to the'/ width of the waterbody. As proposed, the docking facility would not encroach into either of the 15' riparian corridor setbacks. The proposed configuration of the docking facility would provide docking for up to three (3) vessels. As proposed, there could be potential for bottom disturbances such as accidental dredging and/or displacement of the substrate by prop -washing or kicking by vessel propellers to access the docking facility at periods of low tide. Minor increases in turbidity should be expected during construction. There appears to be no Submerged Aquatic Vegetation (SAV) in the project area. This area is a highly functioning PNA and has significant value to juvenile finfish, shrimp, and crab populations. The marsh ecosystem provides habitat for several species of mammals, invertebrates, birds, fish, and insects and assists shoreline stabilization by preventing erosion. The oyster beds and rich benthic community offer food for many animals and are natural water filters providing and maintaining clean water quality. Submitted by: Tyler McGuire Date: March 20, 2019 Office: Wilmington RECEIVED MAR 2 2 Z019 DCM-MHD CITY DESIGN NARRATIVE 1. EXISTING CONDITIONS: 218 Shoreline Drive East is an existing developed residential property on the mainland of Sunset Beach, NC, and is adjacent to a tributary (Turtle Creek or Jinx Creek) to the Atlantic Intracoastal Waterway (SA; HQW). The existing defunct shared dock system, located on the 216/218 Shoreline property line, has been removed recently. 2. PROPOSED DEVELOPMENT: The applicant would like to construct a new fixed pier with gazebo, small floating dock and lifts, one for a boat and the other for a PWC (Personal Water Craft). The site does not currently appear to meet the Rules of the Coastal Resources for General Permit authorization for piers and docking facilities, with a minimum 18-24 inches of water depth between the bottom of the proposed structure and bottom substrate at normal low water level, therefore will be pursuing a CAMA Major Permit for the proposed improvements. Due to the lack of depth at low tide, the applicant is willing to provide stops on the proposed boat lift. Also the applicant is minimizing the requested size of the floating dock and proposing stops on this structure as well, to protect the substrate. RECEIVED MAR 2 2 2019 DCNI_MHD CITY RECEIVED FE3 2 1 . '19 DCM WILMINGTON, NC ON MP4 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name James MI Last Name Hager Applicant 2: First Name MI Last Name ff additional applicants, please attach an additional pages) with names listed. Mailing Address 111 Dundee Court PC Box City Cary State NC NC ZIP 27511 Country USA Phone No. Cell— III `� 919 - 467 - 3930 ext. Iar7w FAX No. N/A - - Street Address (it different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Cape Fear Engineering Agent/ Contractor 1: First Name MI Last Name Kellie E Norris Agent/ Contractor 2: First Name MI Last Name Mailing Address PC Box City State 151 Poole Rd Suite 100 Belville NC ZIP Phone No. 1 Phone No. 2 28451 910 - 383 - 1044 ext. ext. FAX No. Contractor # 910 383 1045 Street Address (ff different from above) City State ZIP Email kellie.norris@capefearengineering.com (RECEIVED f-ct_Ltivtu <Form continues on back> MAR 2 2 2019 MAR 0 8 2019 252-806.2808 :: 1-868-4RCOAS7 :: ww'.gylsl ®Ii� semen ,NeC�TON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 218 Shoreline Drive E. 1288 Subdivision Name city State Zip Sunset Beach NC 28468 - Phone No. Lot No.(s) (if many, attach additional page with list) ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber River Atlantic Intracoastal Waterway . 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 Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Town of Sunset Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 99.6 0.81 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 6.5 ®NHWor❑NWL e. Vegetation on tract Upland Grass and Coastal Marsh Grass f. Man-made features and uses now on tract Single Family Residential House g. Identify and describe the existing land uses adiacent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? MR2- Mainland Residential District (Attach zoning compliance certificate, if applicable) ®Yes []No ❑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? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEI <Form continues on next page> RECEIVED MAR 0 S 2019 ncl MAR 2 2 2019 DCM-MHD CITN 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaIPJq WaVd"&N.QV, NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? SYes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Affach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal Sewer, Brunswick County o. Describe existing drinking water supply source. Brunswick County p. Describe existing storm water management or treatment systems. The existing stormwater is carried offsite by sheet flow and no other systems are necessary 5. AcdvNw and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Residential use c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dock will be constructed using piles and placed using typical pile driving equipment. Special care will be taken to ensure protection of the oyster beds and marshlands. d. List all development activities you propose. Construction of a new pier, gazebo, dock and boat lift. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? 0 ®aq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No []NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. Stormwater will sheet flow I. Will wastewater or stornwater be discharged into a wetland? ❑Yes ❑No ®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? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on baRECEIVED MAR 0 8 2019 IAAR 2 20)g 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalman4GP&MLMWTOPI,NC DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package to be complete. Items (a) — (n 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 sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 BRECHEISEN REVOCABLE LIVING TRUST Phone No. Address 216 Shoreline Drive E, Sunset Beach, NC 28468 Name LISA HARPER REVOCABLE TRUST Phone No. Address 220 Shoreline Drive E, Sunset Beach, NC 28468 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, penmittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date`Mcvtck 7, 20I9 Print Name Keflie. Norrj3 Signature K.A"- �-rl &VNAW Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED RECEIVED MAR 0 8 2019 MAR 2 2 2019 nree 41u eel rrTnnl 252-808-2808 :: 1-888-4RCOAST :: Rvvyvrpr00 8.8"m anagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community ❑This secfiort not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes []No III) Number 1 If yes: (iii) Length 110' (ii) Number 2 (iv) Width 5' (iii) Length 24'. 14' vl Floating ❑Yes ®No (iv) Width y (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes []NO f. (1) Are Boatlifts included? ®Yes ❑No If yes: If yes: (ii) Number 2 (ii) Number 2 (iii) Length 15'. 17' (iii) Length 101. 10, (iv) Width 8' 13' (iv) Width 10% 4.75' (v) Floating ®Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, including travel lift and/or rail, repair or III) Number of slips existing maintenance service 0 ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: N/A I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel open runabout ®Open water; no dredging required ❑Other; please describe: k. Typical boat length: 20' I. (1) Will the facility be open to the general public? ❑Yes ONO RECEIVED m. (i) Will the facility have tie pilings? ❑Yes ENO (ii) If yes number of be pilings? MAR 15 2019 N/A RECEIVED p(^pe wil MINGTON, NC MAR 2 2 2019 252-808-2808 :: 1.888-4RCOAST :: www. nccoastalrn naaement. net revised: 12/27/06 DCM-MHD CITY Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACIUTYAWARINA 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: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. 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. 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED MAR 15 2019 ❑Yes ❑No MAR 2 2 2019 pate "AIM( -TON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net DCM-MHD CITY revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None 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 structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and FIB) ®This section not applicable a. (i) Number (I) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpde, 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 ®This section not appltcable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAR 2 2 W9 RECEIVED MAR 15 2019 r,pn `Nl'l AAINGTON, r!C 252-808-2808 :: 1-888-4RCOAST r. www.nccoastalmanagement.net DCM-MHD revised: 12127'06 Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 20' East and 35' West 50' East and 58' West Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 173' e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA III) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -1.4' at NLW 8. OTHER ®This section not applicable a. Give complete description: 03/12/2019 Date 218 Shoreline Drive E. Project Name Kellie Norris Applicant Name / `7 mAJ, A) App icant Signature (RECEIVED D� MAR 2 2 2019 RECEIVED 1. MAR 15 2019 NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: james & Susan Hager Mailing Address Phone Number: Email Address: I certify that I have authorized Kellie E. Norris Cape Fear Enoin�-gLg Agent! Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: dock. pier. oazebo & boat lift at my property located at 218 Shoreline Drive F f in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Print or Type Name G'CCk Title Date This certification is valid through' � 'CFlb!ieD 1% MAR. 2,2 40;9 n""A%Q TY RECEIVED L 2 1 '019 DCM WILMINGTON, NC E050 6956 0000 09E0 HOL c6h0 6956 0000 09E0 9194 RECEIVED MAR 2 2 2019 DCM-MHD CITY RECEIVED FEB 21 'J19 DCM WILMINGTON, NC CAPE FEAR ENGINEERING Certified Mail — Return Receipt Requested February 21, 2019 Lisa Harper Revocable Living Trust 220 Shoreline Drive E Example Letter Sunset Beach, NC 28468 Sent to Adjoiners RE: 218 Shoreline Drive East Sunset Beach, NC CAMA Major Application Dear Property Owner, The property owner at 218 Shoreline Drive East is applying for a CAMA Major permit to construct a new dock, boat lifts and a gazebo at their residence in Sunset Beach. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian owner to the aforementioned project, this applicant is required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to the following address, within 30 days of your receipt of this notice. Debbie Wilson, District Manager NCDENR, Division of Coastal Management 127 Cardinal Drive Extension, Wihnington, NC 28405-3845 Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (910) 383-1044 or email me at kellie.norris@capefearengineering.com. Sincerely, Kellie Norris, EIT Attachments: Applications and drawings File: 875-293 "38" RECEIVED MAR 2 2 2019 FEB 2 1.2019 DCM WILMINGTON, NC 151 Poole Rood, Suite 100 • Belville, NC 28451 • TEL: (910)383.1044 • FAX (910)383- 1045 www.capefearengineering.com IIIIIIIIilllllllllllllllllllllllll111 M, Clemens 'PROP BruneulcY County. NC Reo+etar of Sr."0eads Page 1 of 3 Brenda M1 cl... R.,,.ter of needs 03-la-2017 16.12: 69.90E arwsule0 County, NC NC REVENUE STAMP: S160E.E0 (#532639) �JP��y'�aryp, .Rot rotai Ck$ (, 9fi/L� run �Q ha KAClc&&o CashS Refund: Cash $ _ Finance ❑ty,yd,sadpprOaM iAapiNe eOntooad9on 010""E. ^_ C.winAnlcorAO�s Seals ven9etl �/ uglM ,nenl4ralrenrot ha reProduce0 ormpea. This Instnwent prepared by. Robert K. Serra, a licensed North Carolina attorney. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbusserrwtt of closing proceeds. Revenue stamps $1,500.00 Parcel # 256CrCO22 STATE OF NORTH CAROLINA GENERAL COUNTY OF BRUNSWICK WARRANTY DEED This Deed made this 11 th day of May, 2017, by and between NAIDA S. UPCHURCH, (widow), Grantor, whose mailing address is 1604 Maryland Avenue, Durham, NC 27705, and JAMES L. HAGER, JR and wife, SUSAN E. HAGER, Grantee, whose mailing address is I l l Dundee Court, Cary, NC 27511. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, in fee simple, all of that certain lot or parcel of land situated in the County of Brunswick, State of North Carolina, and more particularly described as follows: SEE ATTACHED EXIBBIT "A" FOR PROPERTY DESCRIPTION INCORPORATED HEREIN BY REFERENCE. Grantor acquired title to this property by deed recorded in Book 1018, Page 591, Brunswick County Registry, and by right of survivorship upon the death of her spouse, Tim T. Upchurch, who died on October 30, 2016, in Durham County, NC. Raw •SI'VED MAR 2 2 2019 RECRIN HD CITY FEB 21 ..Oi9 OCM WILMINGTON, NC IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII �s� P1371 " 2 N.M ' Brmsuick County, NC Rplster of Deep w9e 3 of 3 EXHIBIT "A" Tract One: BEING all of Lot Number 54 of the Eastern Section "B" of the plan of Twin Ickes Development of M.C. Gore, a map of which appears of record in Map Book 5 at Page 64, Office of the Register of Deeds for Brunswick County, North Carolina, together with Grantor's interest, if any, in that certain tract between Lot 54 of the Eastern Section `B" of the plan of Twin Lake Development and Tract Two described herein below and described as "Canal Avenue" in that Resolution recorded in Deed Book 458, Pages 398 and 399, of the Brunswick County Registry. Tract Two: BEING all of Lot 65, Section B, of the Twin Lakes Development of M.C. Gore as surveyed and mapped by H.R. Hewett, surveyor, on February 20, 1957, a map of which appears of record in Book 4 of Maps, at Pages 142-143, in the Office of the Register of Dads for Brunswick County, North Carolina This conveyance is made SUBJECT to those certain restrictions as recorded in Deed Book 180, Page 122, of the Brunswick County Registry. IF,11/; D �2LJ19 DCM-MHD CITY RECEIVED :EB 21 _'01 DCM WILMINGTON, NC UIINlllifll�llllllllll, l�q a a 1." 2 of I Brvs�rek pasty, rrg1sl-t- m of geW TO HAVE AND TO HOLD the aforesaid interest in the lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the following exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Easements for utilities and rights of way in the chain of title. 2. All governmental laws, rules, regulations and ordinances that affect the use of the property. 3. Restrictive Covenants recorded in Book 180, Page 122, Brunswick County Registry. 4. Ad valorem taxes for the current year. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year fast above written. FNAIDA S. UPCHURCH The Grantor states that this property is /is not °'/ its primary residence. STATE OF NORTH CAROLINA *** COUNTY OFF txRW I, a Notary Public in and for the State and County aforesaid, certify that the following person personally appeared before me this day and acknowledged to me that they signed the foregoing document for the purpose stated therein and in the capacity indicated, and I either have personal knowledge of the identity of the person, or I have seen satisfactory evidence of identity, by current state or federal identification with the person's photograph: NAIDA S. UPCHURCH. Date: 5-'11112 d1 7 t My commission expires: j - 1 - L0 2- 6 t (Notary seal) M li MCfaIlVABY 6 Nortn Ceroiins um Cooneyission Esyirgs r 0l.2020 Notary Signature Anij 75 M&1y3VAq .Notary Public (Print or type Notary )name RECEIVED MAR 2 2 2019 RECEIVED DCM WILMINGTON, NC DCM-MHD CITY CAPE FEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com To NCDEQ-DCM 127 Cardinal Drive Ext. Wilmington, NC 28405 Attn: Tyler McGuire & Debbie Wilson ® As Requested ❑ For Your Files ❑ Sent via Mail ® Sent via Courier MAR 15 1019 r ,` Transmittal Date: March 13, 2019 File: 875-293 "38" Subject: CAMA Major Revisions 2 218 Shoreline Drive E Sunset Beach, NC ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 1 Copy Response Letter 1 Application Revised CAMA MP-4 Application 1 Copy Site Plans (11x17) Please let us know if you have any additional comments or questions. Thank you. CC: File Cape Fear, Engineering, Inc. Signed: 101,6<1> 4&t l J File: 875-293 "38" Kellte E. Received By: Date: RECEIVED MAR 2 2 2019 DCM-MHD CITY CAPE FEAR ENGINEERING March 14, 2019 Tyler M°Guire, Environmental Specialist NCDEQ, DCM 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 218 Shoreline Drive — CAMA Major Sunset Beach, Brunswick County Response to Additional Information Request Tyler, See below for our responses and clarifications to comments received via email dated March 11, 2019: DCM MP-4 STRUCTURES • 7. a. 20' East and 35' West (you had the west measurement right!) 7.a. on DCM MP-4 has been revised to reflect "20' East and 35' West. WORKPLAN DRAWINGS • All new workplan drawings do not match the indicated scale; check printer settings* Revised sheets have been plotted to the correct scale. Sheet Number C-2 • Remove "Existing" labels from adjacent docking facility (we don't need any adjacent labels) "Existing" labels have been removed from adjacent docking facility. • Add Proposed 5' x 110' Pier RECEIVED "Proposed 5'x IIO'Pier" has been added to the plans. MAR 15 2019 • Add Proposed 5' x 24' Finger Pier DCM WILMINGTON, NC "Proposed 5'x 24'Finger Pier" has been added to the plans. RECEIVED 151 Poole Road, Suite 100 • Selville, NC 28451 • TEL: (910)383-1044 • FAX (9 V081-2 2019 1045 www.capefearengineering.com DCM-MHD CITY • Add Proposed 5' x 14' Finger Pier "Proposed Y x 14' Finger Pier" has been added to the plans. • Add length to "Proposed 4' Ramp" Length has been added to the "Proposed 4' Ramp". • Add dimensions to both proposed boatlifts Dimensions have been added to both boat lifts. • Mean Low Water (MLW) Datum was updated to the nearest tide station, but the depths are still the same. I have questions about the water depths you have shown on this workplan. See attached pictures. To clarify, the vertical datum was originally noted in error as the Bald Head Island (MLW) Datum however the elevations were correctly shown on the Sunset Beach Bridge (MLW) Datum. That is why the note stating the datum was revised but there were no changes in elevations. I have also revised the plans to reflect "Elevations" shown instead of "Water Depths". We understand based on the photos that during low tide there is little to no water present and thus have proposed that the floating dock be cradled by support at a minimum of 24" above the substrate. Please contact our office if you have any questions or require any additional information. Sincerely, Kellie Norris, EIT File: 875-293 "38" RECEIVED MAR 2 2 2019 DCM-MHD CITY RECEIVED MAR 15 2019 DCM WILMINGTON, NC 151 Poole Road, Suite 100 • Belville, NC 28451 • TEL: (9101383-1044 • FAX (910)383- 1045 www.capefearengineering.com ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director March 11, 2019 SENT VIA EMiAIL Kellie Norris c/o Cape Fear Engineering 151 Poole Road, Suite 100 Belville, North Carolina 28451 RE: CAMA Major Permit Application 218 Shoreline Drive East Sunset Beach, NC 28468 Dear Kellie Norris: The Division of Coastal Management hereby acknowledges receipt of your CAMA Major Permit Application on February 21, acting as agent and requesting State approval for Mr. James Hager, for the construction of a private residential docking facility located at 218 Shoreline Drive East, Sunset Beach, adjacent to a Jinks Creek tributary in Brunswick County. However, according to 15 A NCAC 07J .0200 your application lacks information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E-mail with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fourteen (14) reviewing agencies. Sincerely, Tyler McGuire Environmental Specialist Enclosures cc: Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City Courtney Spears, DCM Wilmington Mnsnlat msawprv,� RECEIVED MAR 2 2 2019 North Carolina Department of Environmental Quality I Division of Coastal ManagenKnt Wilmington Office 1127 Cardinal Drlve Extension I Wilmingtom North Carolina 28405 910.796.7215 DCM-MHD CITY CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION DCM MP4 STRUCTURES • 7. a. 20' East and 35' West (you had the west measurement right!) WORKPLAN DRAWINGS *All new workplan drawings do not match the indicated scale, check printer settings* Sheet Number C-2 • Remove "Existing" labels from adjacent docking facility (we don't need any adjacent labels) • Add Proposed 5' x 110' Pier • Add Proposed 5' x 24' Finger Pier • Add Proposed 5' x 14' Finger Pier • Add length to "Proposed 4' Ramp" • Add dimensions to both proposed boatlifts • Mean Low Water (MLW) Datum was updated to the nearest tide station, but the depths are still the same. I have questions about the water depths you have shown on this workplan. See attached pictures. RECEIVED MAR 2 2 2019 North Carolina Department of Environmental Quality I Division of Coastal Management DCM-M H D CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 29405 910.796.7215 CAPE FEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383-1045 www.capefearengineering.com To NCDEQ-DCM 127 Cardinal Drive Ext. Wilmington, NC 28405 Attn: Tyler McGuire & Debbie Wilson ® As Requested ❑ For Your Files ❑ Sent via Mail ® Sent via Courier Transmittal Date: March 7, 2019 File: 875-293 "38" Subject: CAMA Major Revisions 218 Shoreline Drive E Sunset Beach, NC ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 1 Application Revised CAMA Major Permits Applications, DCM MP-1, MP-4 1 Copy Site Plans (11x17) id nr- Please find the attached revised documents per your comments received via email dated March Fl, 2019. Please let us know if you have any additional comments or questions. Thank you. CC: File Cape Fear Engineering, Inc. Signed: �%tU� 19rsd ".0 File: 875-293 "38" ell�is E.I. Received By: RECEIVE Date: MAR 2 2 2019 RECEIVED DCM-MHD CITY Ni , 0 7 2019 DCM WILMINGTON, NC ROY COOPER Governor MICHAEL S. REGAN Seoetary BRAXTON C. DAVIS Director SENT VIA EMAIL Kellie Norris c/o Cape Fear Engineering 151 Poole Road, Suite 100 Belville, North Carolina 28451 RE: CAMA Major Permit Application 218 Shoreline Drive East Sunset Beach, NC 28468 Dear Mr. Kellie Norris: NORTH CAROLINA Envlronmental Quality March 5, 2019 The Division of Coastal Management hereby acknowledges receipt of your CAMA Major Permit Application on February 21, acting as agent and requesting State approval for Mr. James Hager, for the construction of a private residential docking facility located at 219 Shoreline Drive East, Sunset Beach, adjacent to a Jinks Creek tributary in Brunswick County. However, according to 15 A NCAC 07J .0200 your application lacks information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E-mail with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fourteen (14) reviewing agencies. Sind ,�j� " Tyler McGuire %% RECEIVED Environmental Specialist Enclosures MAR 2 2 2019 cc: Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City DCM-MHD CITY Courtney Spears, DCM Wilmington D_E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management DCM WIL NG ON, NC Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION DCM MP-1 APPLICATION FOR MAJOR DEVELOPMENT PERMIT • 4. d. Provide approximate elevation of tract above NHW • 4. f. Single Family Residential House DCM MP-4 STRUCTURES • 1. d. (i) YES • 1. d. (ii) 2 • 1. d. (iii) 24', 14' • 1. d. (iv) 5', 5' • 1. d. (v) NO • 1. e. (i) YES • 1. e. (ii) 2 • 1. e. (iii) 15', 17' • 1. e. (iv) 8', 13' • 1. e. (v) YES & NO • I. g. (i) 3 • 7. a. 20' East • 7. b. 50' East and 58' West • 7. c. 173' • 7. d. -1.4' WORKPLAN DRAWINGS Add the applicant's name James Hager to the title block on all workplan drawings. Sheet Number C-1 • Show the distance from the edge of coastal wetlands to the edge of channel Sheet Number C-2 • Label the Riparian Corridors and show 15' Riparian Setbacks • Label the '/4 width of waterbody, '/3 width of waterbody, and the edge of channel • Remove "Existing" labels from adjacent docking facility • Debris Line(?) is labeled incorrectly in the legend; what is this delineation? • Revise water depths based on Mean Low Water (MLW) Datum Sunset Beach Bridge, NC (Station #8659898) Sheet Number C-3 • Pier length measures 125' using 1" = 20' scale; should measure 110' • Floating Dock measures 3' above substrate • Label the Existing Substrate line RECEIVED MAR 2 2 2019 wal 17CIUI-Iu1HD CITY North Carolina Department of Environmental Qpaltiy I Division of coastal Management Wilmington Office 1127 Cardinal Drive EAension I Wilmington, North Carolina 28405 910.7%.7215 CAPE FEAR ENGINEERING 151 Poole Road, Suite 100 Belville, NC 28451 TEL (910) 383-1044 FAX (910) 383.1045 www.capefearengineering.com To NCDEQ-DCM 127 Cardinal Drive Ext. Wilmington, NC 28405 Attn: Debbie Wilson ❑ As Requested ❑ For Your Files ❑ Sent via Mail ❑ Sent via Courier Transmittal .Date: February 21, 2019 File: 875-293 "38" Subject: CAMA Major 218 Shoreline Drive E Sunset Beach, NC ❑ For Distribution ® For your Review / Action / Approval Quantity Drawing No. Description 1 Application CAMA Major Permits Application, DCM MP-1, MP-4 1 Copy Project Narrative 1 Copy Property Deed 1 Original Check 2 Letters Adjacent Property Letters 1 Copy Agent Authorization 1 Copy Site Plans File: 875-293 "38" Received Date: RECEIVED MAR 2 2 2019 Inc. RECEIVED DCM-MHD CITY DCM WILMINGTON, NC ❑MWma PmabaaPYl E ❑P mNeceptielecz E Postmaek ❑C Mee ma,, FebYi YeO DalNety E He. On ftsi twegequvetl E flnaercsw tuna tnnea oeE.«vs A receipt (this poreon of the Cer88ed Mail label). for an electronic realm receipt, see a retail A unique Identifier for your mailpiece. associate for assistance. To receive a duplicate Electronic verification of delivery or attempted realm receipt far no additional fee, present this delivery. USPS®-postmarked Clubbed Mail receipt to the A record of delivery (including the recipient's retail associate, signature) that is retained by the Postal Service' Restricted delivery service, which provides for a specified period. delivery to the addressee specified by name, or to the addressee's authorized agent. mportant Reminders. - Adult signature service, which requires the You may purchase Certified Mail service with signee to be at least 21 years of age (not First -Class Melts,First-Class Package Service', available at retail). in Monty MaiP service. -Adult signature restricted delivery service, which Confined Mail service Is notavallable for requires the signet to be at least 21 years of spin International mall. and provides delivery to the addressee specified 1 Insurance coverage Is notavallable for purchase by name, or to the addressee's authorized agent with Certified Mall service. However, the purchase mot available at relaip. of Certified Mail service does not change the • To ensure that your Certified Mail receipt is Insurance coverage automatically included with accepted as legal proof of mailing, it should beara certain Priority Mail items. USPS postmark. ll you would like a postmark on 1 For an addhiorel fee, and with a proper this Certified Mail receipt, please present your endorsement on the mailpiece, you may request Clotted Mail Item at a Post Office'" far the folbwing services: pnstmarking. If you don't need a postmark on this - Return receipt service, which provides a record Certified Mail receipt, detach the barceded porkin of delivery (including the recipient's signature). of this label, affix It to the mallpiece, apply You can request a hardcopy return receipt or an appropriate postage, and deposit the mailpiece. electronic version. For a hardcopy return receipt, complete PS Fam 3811, Domestic Rehm Receipt attach PS Form 3811 to your mailpiece: IMNUANT. Saw this receipt for year records. S Form 3800. mdi mis IRevemal PSN'l536o2�eWB]a] Q) EXISTING HOUSE (APPROX LOCATION) O __-_?4 ____—__80 -----------90, _. SCALE: 1' = 3D 22' x 3!' SHEET - SCALE: 1' - 60' 11' a 17' SHEET LOT 55 UMHARPERREVOCABLETRUST 220 SHORELINE DRIVE E SURF CITY. NC 2WII DB.032B2 P.G.0939 LOT 5N(55 MEAN HIGH WATER +a LOT 53M !'.,'! f SRECHEISEN REVOCABLE LIVING TRUST 1+! 21B SHORELINE URNS E V ♦ !♦+Y SUNSET BEACIi, NC 2896E + D.B-0391)9 P.G.0375 I !r !�r LOT 5167 FRANK J. BRAND II 616 FNMAY DRIVE FLORENCE. SC 29601 0.0.0897 RGAW 1 If r` COASTAL COASTAL VEGETATION _ _ _ _ _ _ _ _ _ _ - n I7 - -- -- �J L_ CHANNEL WIDTH I�ONET II WIDTH j`1s wPARIAN j I I I I I I I I I I I CORRIDOR OR sETACK cOB,NCK I I I I 1 VEGETAATION I I ITawarER eoor��{ IAA - __t+,+{ 1 I I f �-gpPROXIMATE EDGE OF HANNEL I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 1 1 1 W 3 3 't'f1 !l 6 -tOCAnONMAP NOTmBWE NOTES: 1- NO BOLWDPAY SURVEY PERFORMED BV CAPE FEARENCKCOING. LOT UNE58A9ED ON PLAT IN BRUNSWICK COUMI' ROD M.C. 59 P.G. 95, 2 BASED ON SURVEY PERFORMED BY CAPE FEAR ENGWEERING. INC. ON JANUARY S, 2019, 3. ALL DISTANCES ARE HOw20NTAL GROUND. a. AREA BY COORDINATE METHOD.(CALCULATED TO APPR )% TE MEAN HIGH WATER LINE.) 5 ELEVATIONS ARE BASED ON MEAN LOW WATER (MLIN) DATUM SUNSET BEACH BRIDGE, Sc (STATION MB8558899). 6, NEAN Fl H WATER IS SHOWN BASED ON ELEVATIONS, SELO:) FOR REGULATORY REVEW RECEIVED MAR 1 5 2019 ICM WILMINGTON, NC C REVISED PER OCM CWNENTS �..., B REWSEO PER DGM CpAMENTS IX9➢7A9 r A ISSUED FOR REGULATORY REVIEW IU3N 0221N9 ! + OESGRIPTION M BY il,+! REVISK RECEIVED MAR 15 2019 It ENGINEERING 151 Pods M Suits TOP B illa, NC. 28451 TEL(910)383109A; FA (91w, 38S.1095 , ' - �r.l1-T '-!♦rl N C. LICENSE K GI821 SITE NFORMATKNJ' PROPERTY OWNER: JAMES&SUSAN HALER I I i DUNDEE COURT .Y. NC 27511 TAX PARCEL NUMSER: 256GCO22 SITE ADDRESS: 218 SHORELINE DRIVE EAST SUNSET BEACH, NC 3846S EXISTING USE: RESIOEN UkL DER NJIBFA er,-293 scar. As x3Tm WIE: FEBRNNIY t& 2019 IFIO(hIG: JAMES HAGAR 218 SHORELINE DRIVE E SUNSET BEACH NORTH CAROLINA OVERALL SITE L MA MAJOR PERMIT 835-293 C-1 4' VVDTN RAAP S CQC1 \ PuN s mc) 9' X 6' FLOATNIG DOCK 1 PLUGS <TTP) -'� _ _ r NCH GALVAN® BOLTS. ) NON GALV4N@:D — - WA9EQSR8 RYP) BOLTS. MJrB AND wA X ' Q(TYPI r x lo• SlPPO4Ts a -- , - -- -- ---- -- --- -- 7.000 to ^O'O 0LB WOOD MOUNT CRADLE KR — — — -- BOAT FT OE:dC-N MA.Y VARY BASED -- -- ON CONLRACTCR. STOPS N BE SET r ABOVE SLBSrt2ATE TYPICAL FLOATING DOCK WITH CRADLE TYPICAL BOAT LIFT DETAIL NOT TO SCALE NOT TO SCALE 5 16 14 _I. _ PROPO:ED,IGAZ�O 14 Is 13 12 n 10 --- PROPOS® b' x p JI, 10 TWO ' BOTTQN SL PER TE 10 AT DOCK 9-__-_-.-_ - S.�iTRATE l 4T 5' WDTH 1 9 -- - - RAW 6 AF_AlJ'.IBH 6 WATE R 4 __ -_ - __ SX 6PLOATN 4 DOCK �t COASTAL l 3 2 _WTATION - - 2 ;j WACNG TO T FiOATNG ''. OYSTER .'.. ABOVE yJBF AF_AN LOW!WATER '.. 0 _ BED T ',. O SLE6TRATE � � , NE I I _4 0 10 20 30 HDRIZCNTAL DIRECTION: SCALE: 1" = 10' 22" x 34" SHEET SCALE: 1" = 20' 11" x 17' SHEET vW db 03D o-» WD I.1y 88D H» ypp 0 2 4 S VERTICAL DIRECTION: DOCK PROFILE SCALE: 1" = 2 22" . 34" SHEET SCALE: 1' = a' 11" • tZ' SHEET pr l 1� 1 .� ' l TsrxeION MAP wrro NOTES- ISSUED FOR REGULATORY REVIEW RECEIVED MAR i52019 DCM WILMINGTON, NC C fEVISBJ PER DCM CQAAENT3 0W14/19 KBN 8 PEVIBEU PER OCM COMENTS 03M7N]Ii9 A ISSUED FOR REGLAATDRY iffVIBN FBN 0221119 REV DESCRIPTION REV By RECEIVED CAPE FEAR ENGINEERING 151 Po e Rd.suile 100, BeN ' NC, 284E1 TEL 1,910) 383-1W FAX (9101 382-1W5 vrvrx.c4p9feaisigirieamig xm N G uCFnSE 8 G1821 ,U16p1' 9CNE: A8 No1ED MrE: F£BRONtT t8. ]OIB TyGKMG' JAMES HAGAR 216 SHORELINE DRIVE SUNSET BEACH NORTH CAROLINA CAMA MAJOR PERMIT PROFILE AND DETAILS 875-293 73 + 7.18 + 7.08 .75 - 599 + 6.49, + 6. XJ FP + 632 1l3'--� AIL -W + 6.74 6.6 57,� :_VrL -ILL 11L 1TL 1IL + 6,77 477 A + 5.8 �r�L / 11L AIL 11L _ J1L \ 11L 11L 11L �arL � 11L 11L ' Si il�/_L il4i/4 3WiL -1\ 1 1\L 11L LL 11L 11L ♦1� / i�- 1lL 70 AL 2.4 / ZUIUy. i\11{/ei \ 1\L 1IL 1IL 1\L 1 GRASS LINE \ �_ -W_ �. 15 ( \ - !IL 1 LIMITS OF + 6.88 7.00 + 6.8,. + 7.21 6.31 +6.80 , ---+-5+95 -- - -- - 5,86 - - - + 5.633 o r/ 5.11 - 5Ar �{L 11L AIL _ 1ML. _ _.wit � 11L 11L 11L Ws �-11+/�-. aldds a:lf/c-\ -141�-al1(1- �4�s alkfi 11}- yL 11L JL \ -11L 11L 1IL 11L 6ffN1 HIGH WATER DETERMINED BY ELEVATION COASTAL VESEATION EXSTING OYSTER BED - - C AUNESEER WEW - LIMROFCOASTALVEGETATWW 111111111111111111111 EXISTING CHWNEL ELEVAT A 1J _ 1IL 11L �Y 1N_ 79 \ \ ilu/1- i11U4 \ 11L / 1 \ 00 \ _ 0 \ / 14 PROPOSED 5' X 10- \ PIER \ • --110 0.15 - -1.3999 CN \ -0.54 Ix, 612ALXRIAN \ \ CORRIDOR SETBACK + -0.8A + -0.46 \ + -b,45 PROPOSED + -1,60 RIPARIAN 5' X \ CORRIDOR FINGER PER � + -0.65 \ �\ ONE FOLRTP + -1. 7 CHANNEL WIDTH - \ ONE THIRD 5' _l, \ \\ CHANNEL VVIDTP BED ` .� , , �'`3 i1 / P120P0' ` \ - PWC LIFT Q\ + 31L - t -079 15' RIPARIAN CORRIDOR SETBACK RIPARIAN CORRIDOR D -10- SCALE: t' . Td 22' x 34' SHEET -X-LE-omt - 2V tY x 17' SHEET t '1.50 + 1.13 \\ PRC \ 4' X 12' 0.94 0.46 \ 0,32 \ / PROPOSED 10' X 10' PROPOSED BOAT LIFT 5' X 14' FINGER PER PROPOSED IT X 16' FIXED GAZEBO (ROOF LINE 13' X IT) PROPOSED 8' X 15' FLOATING DOCK --tCrATION MOW NorroSeMc NOTES: I. EASED EY PERFORMED BT GME FEAR ENGINEEERING,RJNG INC. ON JAPNARY e, 201s. 2 ELEVATUNS ME ON LEAN LOW WATER (MLWI DATUM SUNSET BEACH BRIDGE. NO (STATKKi%BB9BBBB1. ISSUED FOR REGULATORY REVIEW RECEIVED MAR 15 2019 WILMINGTON, NC DEsCRNT10N RECEIVED MAR 15 Z019 QQM I CAPE FEAR APPROXIMATE ENGINEERING EDGE OF ,al aoaE Re style ,w, aWNaM, Nq zaAsl TEL (810) 3BStpM; FAX (9t01383-,MS CHANNEL wwx.=apefmn,gi,wa,m3.wm / / / i DECEIVED MAR 2 2 2019 DCM-MHD CITY N.C. LICENSE b 61621 aaaAcr Wo-m u/Mi6A: SLUE: /.s mm raeo-axc JAMES HAGAR 218 SHORELINE DRIVE SUNSET BEACH NORTH CAROLINA CAMA MAJOR PERMIT 875-207 C-2