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HomeMy WebLinkAbout25-21 Barnhill, Robert ErPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 25-21 Issued to Robert E. Barnhill, PO Box 7948, Rocky Mount, NC 27804 Authorizing development in New Hanover County at ate. to Banks Channel and Middle Sound, at 51 Pipers Neck Rd., in Figure 8 Island, as requested in the permittee's application dated 10/21/20, including attached workplan drawings(3) dated 9/15/20. This permit, issued on March 4, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation if these terms may be subject to fines, imprisonment, or civil action; or may cause the permit to be null ano vola. Docking Facility Expansion 1) This permit authorizes only the floating platforms, boatlifts, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Robert E. Barnhill ADDITIONAL CONDITIONS Permit No.25-21 Page 2 of 3 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the, permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) This permit authorizes one (1) additional boatlift for a maximum of four (4) formalized boat slips. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. USACE / FEDERAL CONDITIONS 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigbZpdfs/ManateeGuidelines20l7.pdf. General 9) 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. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) All debris associated with this development must be contained within the authorized project area. The permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter associated with the project site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 197800056 (Action ID SAW-2013-00240). Robert E. Barnhill Permit No.25-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) This permit authorizes one (1) additional boatlift for a maximum of four (4) formalized boat slips. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. USACE / FEDERAL CONDITIONS 8) In order to further protect the endangered West Indian Manatee, Trichechus manalus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httys://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf General 9) 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. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) All debris associated with this development must be contained within the authorized project area. The permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter associated with the project site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 197800056 (Action ID SAW-2013-00240). Robert E. Barnhill Permit No. 25-21 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1171. 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. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: cll,r � Permit #: 95"0q Permittee: Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: MAILING DISTRIBUTION SHEET Washington (with revised work plan drawings) tlmington '"4W (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) �[; g+Curry (Brunswick, New H4010ft Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.go'o Heidi Cox (WIRO) Kim Harding David Harris 91hannon Jenkins / Sharon Gupton Tim Walton / Mike Moser ., Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: obb Mairs — 401 (Brunswick, New Hanover) 31 w Holley Snider-401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO)f (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler DCM Coordinator: Curt Weychert County: 0 0 Permit #: t " WIRO E-MAIL DISTRIBUTION SHEET Circle e: Bio Repo / erm�itn for: Oversize Plans sent: Ivl' DCM Offices: A (� , ft ' Morehead City: PT (if oversize) via Courier 1"�j�C 'cc Curt & Amanda on group email w/ bio.narr. pp.drawings, deed, comment sheet "MHC documents (Curt & Amanda) Wilmington: Original hard -copy _,, ONLY USACE & DWR (wrro): USACE Wilmington: use both Div of Water Resources: Div of Water Resources: Recommendations, PN, Letter w13ite Card, Fee Chart and Agent Authorization er arteret Cc): PN, CL, Reports, Split Sheet ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ reg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Robb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet /ON): PN, CL, Reports, Split Sheet_ ✓Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: n e until ed Kim Harding DCM Planner/WiRO: Aike Christenbury Cultural Resources: _ Gledhill /Renee -Earley EnvironmentatReviewCd)ncdenr.00v_ Natural Heritage Prog. 'Rodney Butler_ DCA-Rural Eco. Dev: ✓Mark Ziegler _ NC DOT: In'avid Hams Wildlife Resources: _ `Maria Dunn w/Reports _ State Property Office: ✓Teri Walton: DEED _ Moser_ 9n nda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: ✓ lelemy Humphrey (Bio) /�S> _8,f aron Gupton, Admin. _ DEMLR: CpOristine Hall - Stormwater Section vDan Sams - Land Quality Section Public Water Supply: eidi Cox City of Wilmington: -Aaft"4h=ftr1 �_►n p �� f` Enforcement: %Field Rep: � _Co. LPO ✓ �j rB0 UIX�Ah�� Agent: DISTRIBUTED: VD Updated o9/04/10 CAMA/Shaun majors docs/e Agency List OCM MP•1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary AppllcanIV Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name �j/ Ne I MI Last Name Applicant 2: First Name :J :- i Last Name If additional applicants, please attach an addihorral pages) with names listed - Mailing Address PO Box city ��i Urlt State /� (.. ZIP ��� Country „q 'aril P No.� � G FAX No. Street Address (if different from above) city state ZIP Email 2. AgenbContractorInformation Business Name 1 Agent/ Curfturctor 1: First Name MI Lest N a Agent/ Contractor 2: First Name Ml Last Nam Mating Address PO Box City State ZIPj g 11©!� Phone No. 1 6)/d Phone No. 2 Lam`�% - 171 b3I/ ext. - _ ext. FAX No. Contractor If Street Address (if di/farent from above) city state DC I�/ILMINGTON, Email UUT <Form continues on backs NC /ED NOV 13 2020 252-800-2808 :: 1-888-4RCOAST :: www.acaoastalmanagement.n�tDCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County n bemu a et Address State Rd. # 16 vew f Subdivision Name ! City State Zip / Phone o. Lot No.(s) (if many, attach additional pegs with list) ext. I , a. In whigh NC river basin is the project located? b. Name of body ofrowater proposed project rnnearest (to c. Is the water body identified in (b) above, natural or manmade? d. Name a closest major willar body to the proposed project site. atural []Manmade []Unknown G a. I proposed work within city limes or planning jurisdiction? L If applicable, list the planning jurisdiction or city limit the proposed es ❑No work falls within. dki( 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.R.) ".2361 c. Size of individual lot(s) d. Approximate elevation of tract above NHW lbormal high water) or -- NWL (normal water level) (If many lot sizes, please attach additional page with a list) r k(NHYV or ❑NWL e. Vegetation on tract YL S�u� ✓ � r s f. Man-made features and uses now on tract g. Identify and describe the existing lend uses adispent to the proposed pfo)sct site. h, How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? . /I *i-1 - /j (Attach zoning compliance certificate, if applicable) G/C7,C�r! `O'ar'T.� []Yes []No []NA ). Is the proposed activity part of an urban waterfront redevelopment proposal? ❑vas No it. Has a professional archaeological assessment been done for the tract? It yes, attach a copy. ❑Yes Ylilo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It Involve a Yes o ❑NA National Register listed or eligible property? <Form continues on next page> DCM WILMINGTON, NC xsz-saa-zada r: 1-388.4RCCAST ., w.vv .nccoastalmanagemenLnei NOV 13 2020 DCM-MHD CITY <Form continues on next page> DCM WILMINGTON, NC xsz-saa-zada r: 1-388.4RCCAST ., w.vv .nccoastalmanagemenLnei NOV 13 2020 DCM-MHD CITY Form DCM MP-i (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? AYes []No III) Are there coastal wetlands on the site? as []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? OYSS YNo (Attach documenfafion, if available) n. Describe existing wastewater treaenenl facilities. SJ//e o. Describe existing drinking water su ly source. P. Describg existing storm water management or treatment systems. !(4 if 5. Activities and impacts — — a. Will the project be for commercial, public private use ❑Commercial ❑PubliiclGovemmenl P1901community b. Give a brief description of purpose, use, and daily operations of the project when complete. pr, bedt hCA- 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. d. List all development activitiesyouprop°osse.y��,�u/ e. Are the proposed activities rq�Intenance of an existing project, new work, or bo 7 J s Gi h d f. What is the approximate total disturbed land area resulting fobm the proposed project? / V d,,, e- ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yee c DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. RECEIVED ;., DCM WILMINGTON, r',�',- 'V' u OCT 2 2 2020 i. Will wastewater or stormwator be discharged into a wetland? ❑Yes o ❑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 o ❑NA If yes, attach a mitigation proposal. Oorm continues on barite t�ECEIVED NOV 252-808-280e �,88•d RCOAST .. vvvvw.nccaastalmanagatr}ZQ ra t. not UIL.MM MHD ctry VC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. AdditionalInformation M addition to this completed applicatron fomr, (MP- r) the fo06wrng items below, if applicable, must be submitted m order for the application package to be complete. ftems (a) — (1) are always applicable to any major development application. Please consult the application Instruction booklet on how to prepanyprepare 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 mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed pmject to the Division of Coastal Management. Name Slit fft'D e S Ift'c Phone No Address Pri�ert AID �lJr�st�II.f/A. /��. 33(�--362 —VS70 Name !� Phone No. Address Name ��(�� yy rPhone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. 1. 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 Caroline Environments] Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the 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 th t the it ormation provided in this application�thful to th best of my knowledge. Date Z 2D Print Name �✓4-7 t RECEIVED Signature DCM WILMINGTON, NC Please indicate application attachments pertaining to your proposed project. Q C T 2 2 2920 ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts �❑,_,�DtCM MP-3 Upland Development CM MP-4 Structures Information �\gdt.nRECEIVED AIf11/ , e 9r»n �2-808.2808 1-888.411COAST .. www.nccoastalmanagemeni-net LLCM -MHO CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA 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/GovemmentPrivate/community c. (i) Dock(s) and/or pier(s) (ii) Number 6x 36 Rlep (in)Length 14-Y146 >f%mLtr�eX/l�/yl (iv) Width _ (v) Floating ❑Yea ENho e. (i) Are Platforms included? Wes []No If yes: (ii) Number (in) Length (iv) Width _kkk,,r,���'"""�:i (v) Floating kles ❑No Note: Roofed areas are calculated from dddine dimensions. []This section not applicable b. (i) Will the fklity be open to the general public? []Yes No d. (i) Are Finger Piers included? []YesJo If yes: (ii) Number (it) Length (IV) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? �ryes ❑No If yes: (ii)Number (nl) Length 7'�7 �/f / (tv) Width/ (!f(!()fE°C� .17 g. (i) Number of slipsproposedh. Check all the types of services to be provided. T� try 1 ❑ Full service, including travel IiR and/or rail, repair or (ii) Number of slips existing maintenance service ❑ 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,, r i. Check the proposed type of siting: j. Describe the typical boats to be served( :g:, open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). --- Open water, dredging for basin and/or channel pen water, no dredging required ❑Other, please describe: 7; k_ Typical boat length:�ib' m. (i) Will the facility have tie pilings? ❑Yes �fRllNo (ii) If ye6umber of be pilings? RECEIVED DCM WILMINGTON, NC I. (i) Will the fac iity be open to the genemI pubhcr?C T 2 2 2020 ❑Yes IMINo DECEIVED NOV 1 3 2020 _COAST vvvvw.nc i�lh't11 r,lienl r7, r',ajtlj MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS fThis 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. (11) Give the location and number of'Pumpout Available'signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h- Give the number of channel markers and -No Wake- signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? DCM WILMINGTON, NC OCT 2 2 2020 I. If this project is an expansion of an existing manna, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes []No NOV 1.3 2020 a%r x RAUM ^11TV . - - - - - .�tvw..:-. - _ _._ eme•r. _ _. revEs¢d: IW27106 FOft 13GM ?v?kd (Structures, Page 3 of 4• n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ OWL ❑None 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. [IBOATHOUSE (Including covered lifts) his section not applicable a. (1) Is the boathouse stmcture(s): ❑Commemial ❑Public/Govemment ❑lonvate/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 li Excavation and Fill.) a. (1) Number _ (n) Length (III) Width section not applicable 5. BREAKWATER (e.g., wood, sheet pife, etc.) This section not applicable a. Length c. Maximum distance beyond NIiW, NWL orwetlands b. Average distance from NHW. NWL, 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): b. Number _ ❑Commercial ❑Public/Govemment ❑Private/Community c Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. Ri=C EBLED e. Arcoftheswing _ DCM WILMINGTON, NC OCT 2 2 2020 7. GENERAL RECEIVED NOV i 3 2020 Iw hAH � �'ITY www.mc oas almgj aaanrent.net -evfsofR: f V27,0fi `:i M 91CM MP-4 tStruotures. Page 4 of 4) I- PrO*nky of sWure(s) to attjecent dparian property lines .2' aSf Note: For buoy or mooring piling, use arc of swing including length ofvessel. C. Width of water body e. (i) Will n rvi ational aids be required as a result of the project? Oyes o ❑NA (ii) If yes, lain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities- �DGi 9 d. Water depth at waterward end of structure at NLW or NWL 8. OTHER pThis section not applicable X Date Project Name r Applicant Name > 9 ' f Applicant Signature RECEIVED DCM WILMINGTON, NC OCT 2 2 2020 DECEIVED NOV y ? 2020 ``' c :::�na ement.net _ Ail DIVISION OF COASTAL MANAGEMENT RECEIVED APPLICATION TRANSMITTAL AND PROCESSING RECORD NOV 13 2020 APPLICANT: Robert Barnhill COUNTY: New Hanover DCM-MHDC17-Y PROJECT NAME: 51 Pipers Neck Road LOCATION OF PROJECT: 51 Pipers Neck Rd, adjacent to Banks Channel, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-2-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 11-19-20 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 1-16-21 HOLDS: MAIL OUT DATE: 11-13-20 PERMIT FATAL ACTION: ISSUE DENY FEE REC'D: $250#5652 END OF NOTICE DATE:12-10-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 12-10-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep l I - DCM - LUP Consistency Determination - Z Local Permit Officer Corps of Engineers - Regulatory Branch Z 5 DWR-401 Section DWR-Public Water Supply `�'� •Z� DEMLR - Stormwater - - DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission 1Z- - DMF - Shellfish Section _ -ZD DMF - Habitat & Enhancement Zl� - (`%ZZ DNCR -Archives &History Z- 3t) DNCR-Natural Heritage Program NCDOT NC Dept of Commerce Recommendations for State Permit — Robert Barnhill 11/412020 The total area of Floating dock and platform was calculated as follows: Shoreline length = 249' x 8 sq. ft.=1,992.4 ft2 allowable Proposed floating dock = 40' x 10'= 400 ft2 Existing uncovered platform =16' x 16' = 256 ft2 Existing fixed pier = 9' x 7' = 63 ftz Total = 719 ftz The reconfiguration would continue to provide docking space for the total up to four (4) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the Y. width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include standard conditions for piers and docks. RECEIVED NOV 1 3 2020 DCM-MHD CITY NORTH CAROLINA Fin-o onnu rnal Onalify November 13, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevcherta(DNCDENR.gov SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dino,lm, Dlnhion ofC'oattal Management Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatlift for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 10, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NCDMF/Shellfish Sanitation SIGNATURE`-L• A ;2� for Shannon Jenkins DATE 11 /16/2020 State of orth Carolina I Environmental Quality I Coastal Managenuant 127 Cardinal Drive Et., Wilmington, NC 28405 9197967215 RECEIVED NOV 16,2020 MP SECTION DCM - MHD CITY Q ROY COOPER CS Governor MICHAEL S. REGAN Secretory �✓" BRAXTON DAVIS NORTH CAROLINA Direcroq Dn,isian ofCoo'tal $nrironmenm! Qrmr[it) M n gern nw November 13, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)NCDEN R.gov SUBJECT: CAMA Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatlift for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 10, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY SIGNATURE DATE Public Water Supply 11-16-20 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215 RECEIVED NOV 16 1010 MP SECTION DOM - MHD CITY r ,•„ ROY COOPER 4 mrwru MICHAEL S. REGAN 4i1'lln;{' BRAXTON DAVIS ilrrnl4r•, lAerao,r,t}r irrupt ,1lmaµrvva'M November 13, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax; 252-247-3330 (Courier 11-12-09) curt wevchert(&NCDENR.eov SUBJECT: CAMA Applicant: RobertBarnhill Project Location: 51 Pipers Neck Rd., .adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatlift for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 10, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This; agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See attached. _ This,agency objects to the project for reasons described in the attached comments, PRINT NAME M A t W i R- I� f 'f AGENCY ��� D Q T• o� 6b rA MA- C e I i SIGNATURE DATE i' { 2 0 Zo 415 Stem of North Carolina I Environmental Qrulity I Coastal Management 127 Cardin4Drive Est, Wilmington, NC 28405 9197967215 .. ROY COOPER Governor MICHAEL S. REGAN Secretary waa BRAXTON DAVIS NORTH'CAROI_INA Director, Dothan nfcoartal lirn/rt» tnatrrttl Oualit7+ Management November 13, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(u)NCDEN R.gov SUBJECT: CAMA Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatlift for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevcherf at the address above by December 10,-2020. If you have any questions regarding the proposed project, contact Katharine Elks At (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF RECEIVED SIGNATURE ""e4'4z Yr 1�� DEC 10 2020 MP SECTION DCM - MHD CITY DATE 12/10/2020 Some of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Far., Wilmington, NC 28405 919 796 7215 Received: 12/23/2020 Historic Preservation Office 0{ �� ' „, ER 13-0245 w� NORTHCAROUNA Envinmmeniol Ouahn, November 13, 2020 MEMORANDUM: Due: 12/31 /2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(a) NCDENR.aov SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Dmi.slon ofCoaslal Management NCH -NC 12/29/2020 Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatlift for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by December 10, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT:wAmE Renee Gledhill -Earley AGENCY Historic Preservation Office RECEIVED SIGNATURE DEC 3 0 1 MP SECTIUIV DATE 12/30/2020 DCM - MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER ^7 t MICHArl, S. REGAN BRAXTON DAVIS November 13, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curtwevchert(aDNCDENR aov SUBJECT: CAMA Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatfift for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by December 10, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Wanda Hilliard AGENCY State Property Office 3 existing slips and 1 proposed slip totaling 4 slips RECEIVED SIGNATURE U.1 rat t L , el alo-) DEC 0 3 1010 DATE December 3. 2020 MP SECTION DCM - MHD CITY Seale of NMh Carolina Hmironmenul Quality Coastal Managancnl 127 Cardinal Drive Lat, Wilmington, NC 28405 9197967215 a November 13, 2020 ROY COOPER ,,j" MICHAEL S. REGAN BRAXTON DAVIS , N3 FROM: Curt Weychert, Assistant Major Permits Coordinator r NCDEQ - Division of Coastal Management NOV 2624 s 400 Commerce Avenue, Morehead City, NC 28557 _?svi,yv A Fax: 252-247-3330 (Courier 11-12-09) G A n curt wevchen(d)NCDENR.00v SUBJECT: CAMA Applicant: RobertBamhifi Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatliR for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by December 10, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 795-7424 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 JNAME rtG T• C--)L n AGENCY 11iG+-)R(' SIGNATURE A.�� T�. RECEIVED DEC 0 81010 DATE MP SECTION DCM - MHD CITY State of North Carolina J Environmental Quality I Coaatal Management 127 Cardinal Drive Ee, Wilmmgton. NC 28405 9197967215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2013-00240 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Robert Barnhill Address: PO Box 7948 Rocky Mount, NC 27804 Telephone Number: Size (acres) Nearest Waterway Middle Sound USGS HUC 03020302 RECEIVED JAN 1112021 MP SECTION DCM - MHD CITY Nearest Town Wrightsville Beach River Basin Onslow Bay Coordinates Latitude: 34.2534098083333 Longitude:-77.7625825666667 Location description: The proposed dock modification is located in Waters adjacent to Middle Sound at 51 Pipers Neck, Figure 8 Island, Wrightsville Beach, New Hanover County, North Carolina. Description of projects area and activity: The proposal is to replace an 8 feet by 10 feet floating dock with a 10 feet by 40 feet floating dock. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached permit application and drawings dated September 15, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Greeorv.E.CurreyAusace.army.mil. CURREY.GREGORY DI9RAlysl9nedby CURREY.GREGORY.EUGENE.105 .EUGENE.1051011 10,1950 WW 2021.01.1315:35:22 Corps Regulatory Official: 950 .0500 Date: January 13.2021 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ❑ Ajurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division RECEIVED Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 JAN 13 2021 Phone: (404) 562-5137 MP SECTION DCM - MHD CITY In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR pan 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: CURREY.GREGORY.E DURREY.GREGORY.EUGENE.10510119 UGENE.1051011950 Date: 2021.01.13 15:36:35 -05'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://co[psmgpu.usace.army.mil/cm apex/Pp=136:4:0. Copies furnished by email: Trip Pippin (Pippin Marine Construction) Curt Weychert (NC DCM) Katherine Elks (NC DCM) Robb Mairs (NC DWR) RECEIVED JAN 13-2021 MP SECTION DCM - MHD CITY Action ID Number: SAW-2013-00240 Permittee: Project Name: Robert Barnhill Robert Barnhill Dock Modification Date Verification Issued: January 13, 2021 Project Manager: Gregory Currey County: New Hanover County Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED jAN1s1021 MP SECTION DCM - MHD CITY Docu$ign Envelope ID: BBF2571F-4FDD-4B4B-A911-9272356480F8 r ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Ehviro=enfaf QuaUty January 12, 2021 DWR # 2020-1771 New Hanover County Robert Barnhill P.O. 7948 Rocky Mount, NC 27804 Subject: No Written Approval Required 51 Pipers Neck Road —Wilmington, NC 28411 Dear Mr. Barnhill: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on November 13, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, RECEIVED FedEx, etc.): JAN 13 2021 Mp SECTION DCM - MHD CITY D _EQ� North Carolina Department of Environmental Quality I Division of Water Resources Wllmingtoniteglonal Office 1127 Cardinal Drive Extension I Wllmington, North Carolina 26405 DocuSign Envelope ID: 8BF2571 F-4FDD4B4B-A911-9272356480F8 s 51 Pipers Neck Road - Wilmington, NC 28411 DWR# 20201771 Page 2 of 2 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Tyler Benson at 910-620-7447 or tyler.bensonO-ncdenr.gov if you have any questions or concerns. Sincerely, Docueftned by - Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Trip Pippin, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED JAN 1 t2021 MP SECTION MM- MHD CITY MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Robert Barnhill, New Hanover County Date: February 8, 2021 .Consistency Determination: This project is consistent with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to expand an existing floating dock and add a second boatlift for a total of 4 slips. The project is located at 51 Pipers Neck Road, adjacent to Banks Channel and Middle Sound at Figure Eight Island, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PT. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Developed while the AECs impacted by the work are classified as Conservation. In general, New Hanover County allows development in Conservation classified ABCs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies„ which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the New Hanover County Comprehensive Land Use Plan. Cc: File RECEIVED F-B 0.2021 MP SECTION DCM - MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, DiVislmt ofCoumal Management November 13, 2020 MEMORANDUM. FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertONCDENR. aov SUBJECT CAMA Applicant: Robert Barnhill Project Location: 51 Pipers Neck Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to expand the existing floating dock and add a second boatliR for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 10, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT AGENCY SIGNATURE DATE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilming(on, NC 28405 919 796 7215 RECEIVED Nov 1 12020 i)CM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Robert Barnhill 2. LOCATION OF PROJECT SITE: 51 Pipers Neck Road, adjacent to Banks Channel and Middle Sound, on Figure Eight Island, New Hanover County. Latitude:34°15'12.27531"N Longitude:77°45'45.29724"W 3, INVESTIGATION TYPE: CAMA 4, INVESTIGATIVE PROCEDURE: Dates of Site Visit - 111212020 Was Applicant Present - No 5. PROCESSING PROCEDURE, Application Received - 1012212020 (initial) 1112/2020 (Completed) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington -New Hanover County Land Classification From LUP - Conservation 91 (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned - NA (F) Type of Structures: Existing - Single-family house, timber bulkhead, private pier, floating dock and boatlift. Planned - New floating dock and boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water 596 ftz (Incorporated) (C) Other (Highground) (D) Total Area Disturbed 276 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to expand the existing floating dock and add a second boatlift for a total of 4 slips. RECEIVED NOV 13 2020 DCM-MHD CITY Robert Barnhill Page 2 9. PROJECT DESCRIPTION: The project site is located at 51 Pipers Neck Road on Figure Eight Island, adjacentto Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1.5 miles. Turn right onto Little Neck Road and then take a left onto Pipers Neck Road and continue until you reach the property which will be located on the right at the end of the cul-de-sac. The property borders a man-made bay located on the southern end of the island, which connects to Banks Channel and Middle Sound. There is an existing two story single-family residence on the lot that is approximately 0.568 acres in size and 9' above normal high water (NHW). Upland vegetation on the property currently consists of lawn grasses and ornamental landscaping. The approximately 249 linear feet of shoreline frontage is currently stabilized by a timber bulkhead, authorized under CAMA General Permit No.60671 on 8/1512012. Located at the northern portion of the property waterward of the new bulkhead is a band of coastal wetlands consisting primarily of smooth cordgrass (Spartina afterniflora), measuring approximately 30' in width. Waterward of the NHW boundary along the remaining shoreline is an intertidal strip of sand, which is approximately 15' in width. The applicant also currently maintains an existing private docking facility within the bay authorized by Major Permit#33-13, which was issued on 2/28/2013 and expired on 12/31/2016. An existing access pierextends into the bay, measuring approximately 21' in length by 6' in width, followed by a small fish cleaning area measuring approximately 9' in length by 7' in width, which then terminates onto an uncovered fixed "T-head" platform, measuring approximately 16' in length by 16' in width. An access ramp leads from the platform onto a floating dock, measuring approximately 40' in length by 8' in width, which runs parallel to the shoreline. There is an existing boatlift, measuring approximately 13' in length by 13' in width located on the southern side of the existing floating dock. The existing docking facility currently accommodates up to four (4) vessels (See Sheets 1 through 3). The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacentwaters and high ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: 9. The applicant proposes to expand the existing floating dock and add a second boatlift for a total of 4 slips. The existing 8' by 40' floating dock would be entirely removed and replaced in the same area with a new 10' by 40' floating dock, which would continue to run parallel to the shoreline. A new boatlift, measuring approximately 14' in length by 14' in width would be installed on the northern side of the proposed floating dock. The proposed new floating dock and boatlift would extend an additional 2' into the waterbody so the new facility would extend a total of 68' into the water from the highground and provide docking space for up to four (4) vessels. The application states that the existing water depth in the area of the proposed docking structures would be approximately -5.0' at normal low water (NLW) (See Sheet 2 of 3). gFC.FIVED NOV J 3 2020 � J�::�4-MHD CITY Robert Barnhill Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately an additional 596 ft2 of Estuarine Waters and Pubic Trust Area. The proposed structure would extend approximately 68' into a waterbody, which measures approximately 300' across. This distance would conform to both the 1/4 rule and the established pier lengths. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. Submitted by: Katharine Elks Date: 11/4/2020 Office: Wilmington RECEIVED NOV 13 2020 0CM-MHD CITY P.O. Box 11291 Wilmington, NC 28404 www.pippinmannexom October 21, 2020 NCDEQ 127 N. Cardinal Drive Wilmington, NC 28405 Office/Fax: 910-270-1290 Mobile: 910-471-2034 trip@pippinmarine.com RECEIVED OCT 2 2 2020 DCM WILMINGTON, NC The enclosed LAMA Major Permit application is for Robert Barnhill at 51 Pipers Neck Rd, Wilmington, NC 28411. The applicant is applying for a major permit to install a new 10' x 40' floating dock that will replace the existing 8' x 40' floating dock. There is one existing boat lift at the south end of the floating dock and the owner wishes to install a second boat lift at the north end of the floating dock. This docking facility will be for private, family use. Trip Pippin Pippin Marine Construction, LLC RECEIVED NOV 13 2020 0CM-MHD CITY Piers • Pilings - Boat Lifts • Bulkheads - Floating Docks - Residential & Commercial Marine Construction Since 1984 www.plpptnmadnemm Lte cpntUttdlort vip@pippinmarinemm October 30, 2020 Addendum to Major Permit Application narrative for: Robert Barnhill 51 Pipers Neck Rd Wilmington, NC 28411 • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you, _ �� PI".. Trip Pippin - Plers; - Pilings - Boat Ufts - Bulkheads - Floating Dods - Residential & Commercial Marine Construction Since 1984 ROY COOPER Co or MECHAEL S. REGAN Secretary BRAXTON C. DAVIS Dimcrar Trip Pippin P.O. Box 11291 Wilmington, NC 28404 Dear Mr. Pippin: NORTH CAROLINA Enytrortmentar Quality November 3, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Robert Barnhill, for State approval for development of the subject property located at 51 Pipers Neck Road, adjacent to Banks Channel and Middle Sound, in Wilmington, in New Hanover County. It was received as complete on November 2, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 16, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 2, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Katharine Elks Field Representative cc: Curt Weychert, DCM USACE Christine Bouffard, LPO Robb Mairs, DWR Robert Barnhill, Applicant low North Carolina Department of Environmental Quality i Division of Coastal Management Wilmington Office 1127 Cardinal Drive ERrnsion I N4hNNngton. North Carolina 28405 910.7%7215 RECEIVED NOV 112020 DCK4-MHD CITY NOTI(01$176A LAMA PERMIT APPLIES FOR Aicant pro es to expand an existin of Banks Channel, Wilmington, New Hanover m County. N 5DOMMENTS ACCEPTED THROUGH December 10 2020 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Robert Barnhill PO Box 7948 KOCKY MOUnt, NC ZF804 I t � Agent: Pippin Marine Construction 7424 Trip Pippin (910)471-2034 0 NQR714 CARnf INS. November 13, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for. • Robert Barnhill / New Hanover County • Oyster Harbour HOA / Brunswick County ROY COOPER 1 iMpOlul MICHAEL S. REGAN Secmlm BRAXTON DAVIS DIMMP. a,"". of C.W./ Aloagemem Hello Angie: Please publish the attached Notice in the Thursday, November 19, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Drt & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE RECEIVED NOV 13 Z020 State of North Carolina I Environmental Quality I Coastal Mmsgemeot p t� 127Cud WDriveEn..WilmingtmNC2W5 9197%7215 ocmi-MHD 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 applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 4, 2020, Robert Barnh ill proposed to expand an existing floating dock & add a second boallift for a total of four (4) slips at 51 Pipers Neck Rd, adjacent to Banks Channel in Wilmington, New Hanover County, and on November 9, 2020, Oyster Harbour HOA proposed to replace an existing boat ramp in the samefootprint at Boones Neck Bc Windy Point Rd, adjacent to the AIWW in Supply, Brunswick County. Copies of these applications can be examined or copied at the office of Katharine Elks (New Hanover County) or Brendan Brock (Brunswick County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 for New Hanover County or (910) 796-7270 for Brunswick County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 10, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NQV 1 � 2020 CITY N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date Name of Property [honer Applying for Permit: Mailing Address: / /(Y.*x ?7fw I certify that I have authorized (agent) ^ ro % f �'' r ,,.., � � to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) t�p.-,y rt r at (my property located at) This certification is valid thru (date) �. � 1 Property Owner Signature Date RECEIVED DCM WILMINGTON, NC OCT 2 2 2020 RECEIVED NOV 1 g 2020 OCIM-MHO CITY CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIA/Np/fP/RO/P� ERRTY OWNER NOTIFICATIONfI NIVER FORM Name of Property Owner. f C�.r•'r ll, ,1- Address of Property: 1! lf�e^i .S irFKIT PV, /,>i�:s��'dJe+���/jet (Lot or Street #, Street or Road, City & County) Agent's Name #: /2-L. 41 rfd' Mailing Address: A :. Agent's phone#: (?Id ,=1+2f—,76 /�'/`l..:Fir'.��r�i9ri emu. I hereby certify that I own property adjacent to the above referenced property_ The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. Ify� have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 90 days of receipt of this notice. Contact information for DCM offices is available at httpJ/www.nccoastalmanaaementnet/web/cmistat7-listinu orby calling l-888-0RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION i understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. _. _ . X_ I do not wish to waive the 15' setback requirement - (Property Owner Information) mature Print or Type Name pt) 1-k-721(fi Marling Address ` City/Stat p Telephone Number/ Email Address Date (Riparian Property Owner Information) ..M j; ate., &01-�-4 Signature U yl R, EC E I V E D r-r Sure S &-(�( 00fteown ,, WILMINGTON, N( Print or Type Name? -SS iZ,444, t C i 2 2 2020 k tna, ' Mailing AddT �l i o (off6'�Yo35 ©FFi�'e�%�v/.e i7hL'AtiOwoiU°r� Telephone Number/Email Address o 10 — I — e�) 44ECEIVED Date (Revised Aug. 2014) 'qOV 13 2020 ,)C61A-I AHD CITY CERTIFIED MAIL. RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONfWAIVER FORM Name of Property Owner. Address of Property: Street #, Street or Road, Agent's Name #: /: y i?� ?trls • e _�� •; , _r� Mailing Address: Agent's phone 1k 9/liLL A/t 11 I hereby certify that I own property adjacent to the above referenced property_ The individual applying for this permit has described tome as shown on the attached drawing the development they are proposing_ A description or drawlno with dimensions must be provided with this letter. VW I have no objections to this proposal. I have objections to this proposal. If a have objections to what is being proposed, you must noW the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Contact information for oCM offices is available at hnp:!/wwwnccoastalmanariement net/web/cm/staff listing or by calling 9-888-0RCOAST. No response is considered the same ac nn nArarrn» :r,,,,.. r..,..,, ti___ , .... WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) __ I do wish to waive the 15' setback requirement. do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Pdnt or Type Name ?2y,? Mailing Address AL Cny/M p Telephone Number/ Email Address Dale�l"2,j (Riparian Property Owner e ICCEIVED WILMINGTON, NC rnmortype Name OCT 2 2 2020 zoy� AAel6 Address citylstatemp 136--34L4Y 7 one umber/ m 1/Address yrw ��u� (Revised Aug.2014) NOV I g 2020 OCIVd_19114101 CITY I 111AIL9 RECEIPT [r Domestic mail Only •/ Ir n �t• S GrtifieE Mall Fat 0457 t� 9 "o SBrvictlB 506&f rtXCu.tOdM Y rl �a Nera71 Ps^ssaPYl 1 ���--'' VVVV �, Wf-T O ❑IWnlbcaln (sacYMltt t—�Ti•00— POM M* 0 patsstwt Feealq mm t::� HBlB O p,renslanewna.w,m t to M O paewlsgron.. rtusa.s aNwY1 Paclegt . �, ° s o9/zE/2n2n Ttta YPoahge Nf 5 .4., s asNt rP fc. \MniF•b;�lgx7(a C3 Stieei errdAp2 /J L orl Postal CERTIFIED MAIL' RECEIPT rl Domestic m 43 tr WilaRrnbrz:® icertirletl!;—W Fee- S3.55 r` s 0357 extra rvkes Feesfinecxgoxttltlt•e 08 Mn O3 ❑Nt—a•.Prf.xtsisq S to nn Postmark p ❑Cates'maa aom o.u•>v a�.� O ❑Heronoon s�,.w. n.wum s — ❑aewls�uwreargemgp.gA,y g— Postage r3 To Natege.m atg 09/28/2020 Er $ f6.95 Sent r, o ._.-. i u e 7�y1 (�/ (� T__--------- �p RECEIVED IIECEIVEU CM WILMINGTON, NC 0 C T 2.2 2020 NOV 13 2020 OCM-MFIC CITY 0����-y � � ��IPP✓s �El�- 120� 1 FOR REGISTRATION REGISTER OF DEEDS JENNIFER H rACKISH NEW HANOVER COUNTY, HC 2012 MAR 29 0135 50 A BK 5629 PG 29-32 FEE $26 00 NC REV STAMP $3,070 00 IM # nin i l NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ Parcel #R05207-002-029-000 Prepared by W. A Raney, Jr., Attorney at Law, P.O Box 1049, Wilmington, NC 28402 The preparer has not examined the title -to the property described hereinbelow. Return to WRHODENHISER Brief description for the index: Lot 51R, Block B, Section 11, Figure Eight Island NORTH CAROLINA NEW HANOVER COUNTY DATE: March �Q. 2012 GRANTOR: FRANK D GORHAM, III and wife, RAMSAY GORHAM ADDRESS: 142 Beach Road South, Wilmington, NC 28411 GRANTEE: PIPERS NECK, LLC, a North Carolina Limited Liability Company ADDRESS: 501 Shady Circle Dnve, Rocky Mount, NC 27803 RECEIVED {DCM WILMINGTON, NC OCT 2 2 2020 The designation Grantor and Grams= as used hereut shall include said parties, their heirs, successors and assigns, and shall include singular, plural. masculine, feminine or neuter as required by context 1: T Td JVED SIE & & RHODENHISER wily 13 2020 DCM-MHD CITY WITNESSETH: THAT the.Gtanwr, for a valuable consideration paid by the Grantee, the receipt of which is admawlcdgcd,.haa and by didse presents does grant,. bargah4 sell and cmveyunta the Grantee in fee smWle all of that'certarn lot or parcel of land situated m Harnett Township, New Hanover County, North.Carolina, and being more particularly described as follows: BEING all of Lot 51R, Block, 'B", Sectroa 11. of the property of The Figure Eight Island Company as shown by map thereof recorded inMap Book 41 at Page 238 of the New Hanover County Regisiry: TOGETHER. WrM a right-of-way in common with others over, through or upon streets and wa0rs shown on the above referenced map, and any and all existing streets and waEs providing access to this tract SUBJECT TO all the terms and conditions contained m Restrictive Covenants recorded by The Figure Eigbt island Company in Book 933, at. Page 286 of the New Hanover County Registry, reference to which as well as the map heremabove referred to is hereby made. The property heremabove described was acquand by Grantor by mstruioent recorded in Book 4964 gPage 2045; New•Hanover ComuyRegistry All or a portion of the property herein conveyed, includes or 3 does not include the primary residence of a Grarmor A map showing the. above described property is recorded in Map Book.41 at Page 238, New Hanover County Registry: TO HAVE AND :TO HOLD the aforesaid lot or parcel of had and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the •Grantor covenants with, the Grantee that Gmrttor is seized of the premises in fee simple, has the.right to convey the same to fee smgk; that title is marketable and free and clear of all encumbmnces,.aud that Grantor willwaaant and defend the title -against the lawful claims of all persons whomsoever, :other than the following exception the lien of applicable ad valorem taxes foi,the,cuaent year and subsequent Yeats: eascmcots and restrictions- of record; and any local; county. state, or federal laws, ordinance, or wgulanons relating to zoamg, environment, subdivision, occupancy, use, construction; or development of%the'subpd. property, including existmg'violations of said laws, �oidutanoes, or wgulationv; and any public rights to use of the dry said area of the ocean beach; except that the Grmmtor-does not warrant any portion of the property lying below the mean high waterline ofbidal waters RECEIVE® DCM WILMINGTON, NO 2 OCT 2 2 2020 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written / ✓' 4 n & D G •("o ^^, /y (SEAL.) Frank D. Gorhaur, III l of (SEAL) Ramsay Go am STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, the undersigned Notary Public of the County of WFf Quill li'm and State aforesaid, certify that FRANK D. GORHAM, III and wife, RAMSAY RHAM personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes thereat expressed. WITNESS my hand and Notarial stamp or seal, this —19,— day of March, 2012 —&P - 7poliD`15 4 01 , .KL1111A Fifl.k' No s Prit" or Typed Name RECEIVED NOV 13 2020 IV HD CITY wnrtuu:,v»mrutos xis-noa renv RECEIVED DCM WILMINGTON, NC OCT 2 2 2020 JENNIFER H MACNEISH REGISTER OF DEEDS,,;NEW'HANOVER' 216_ NORTH SECOND STREET WILMINGTON, NC 28401 HfHlfNfflfHffHNffNfNlNfif4ffff fIHH1NNtNNfNf fHf f fNNNHiHf HfNff fHHffNMNlNff ffNfiNfNfHffff Filed For Registrabon: 03/2912012 01:36:50P.M Book: RE 5629 Page: 29-32 DOCnrnentNo.: 2012010161 4 PGS $20.00 NC REAL ESTATE EXCISE TAX: $3,070:00 Recorder:. CARTER, CAROLYN State of North Carolina, County. of Now Hanover PLEASE RETAIRYELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. RECEIVE© *20120101 1 DC OCT 2i2 2020�' NC 2012010161 NC Division of Coastal Management Major Permit Application Computer Sheet Applicant: Robert Barnhill AgenUContractor. Tv\ a h Initial date of AEC: &vw- &W11VA Fee: $.�j0 # 6ja` CDAITS — MHC cc Wilmington e: n/a River Basin: White oak Date application "received as complete' in the Field office: Permit Authorization: PAMA El Dredge & Fill UBoth 1 SITE DESCRIPTIONIPERM1T INFORMATION ORW: EgYes No I PNA: OYes 99No Photos Taken: Yes NOD Setback Required (riparian): PVes ONO Critical Habitat: LJYes TUNo ❑Not Sure 15 foot waiver obtained: ❑Yes o Hasand N¢Rill atiea Re rin": ❑Yes RNo SAV: LJYes fr2lslo ONot Sure Shell Bottom: ❑Yes LXNo ❑ Not Temporary Impacts: ❑Yes WNo Sure Sandbags: UYes No LJ Not Sure Did the land use cl ssification come Mitigation Required (optional): from county LUP: Yes ❑No ❑Yes [�No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes Wo ❑NA ❑Yes [)No ❑NA R 4q FT Shellfish Area Designation: Project Description: (code) Development Area (code) Ope -or- Closed f U-C+X SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) LJ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) j ❑ High Quality Waters (HOW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED LJ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Olasswort ( Salicomia sp.) l wetlands) IIII ❑ (CJ) Saw grass (Cledium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartine El (SY) Salt reed grass (Spartina allemitlora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis U (SC) Bullrush or three square (Scirpus i-0—(TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) SalUmeadow grass (Spartina I roemenanus) ( patens) APPLICATION FEE ❑ No fee required - $0.00 ElIII(A) Private w/ D&F up to 1 acre; 3490 - III(D) ❑ Priv. public or wmm w/ D8F b T 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 - S100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ I II(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - ❑ II. Public or commercial/no dredge $100 1 and/or fill - $400 Elk I. Private no dredge and/or fill - $250 El 11I(C) Priv public or comm w /D&F to 1 RECEIVED acre; 4144 can be applied; DCM needs DWQ agreement - $400 „�„ _ _ onon DCM-MHD CITY Applicant $XVIAI IAA WW Date: 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 IF ce r 40� ' Maint❑* ❑Ya%N J1 TjL ` New Work Maint El Replace ❑Y®N 114- 1LI, New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace _ Maint ❑ ❑ Y [IN__ New Work ❑ Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y [IN 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. FL FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tem im ads impact amount) temp impads) amount O Dredge ❑ Fill ❑ Both ❑ Other ✓ 14 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ KI=GEIVED NOV 13 2020 919.733.2293 :: 188aJRCOAST :: www.neeoastalmanagement.net rllevis re P.1 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/27/2020 Pippin Marine Robert Barnhill Wells 5652 $250.00 major fee, 51 Pipers Neck Rd, KE rct. Construction LLC Fargo Bank Wilmington NHCO No Split 12407 R� z ti o it G 0 r M N m NO Major Permit Fee Schedule Project Name: S Nl County: Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0%($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas. determine if A,B, C. or D below applies* III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60%($240) 40% ($160) review and written DWQ concurrence is needed because of concems related to water quality or aquatic life: III(D). If General Water Quality $q00 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED NOV 1 3 2020 ICAAj-MIAD CITY DCM Coordinator. Curt Weychert County: 0 0 Permit #: r " WIRO E-MAIL DISTRIBUTION SHEET Circle e: Bio Rep / ermit for: V/(l1xb� Ayyl w l 1 Oversize Plans sent- DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Curt & Amanda on group email w/ bio.narr. pp.drawings, deed, comment sheet ✓ 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wire): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: r irteret Co): PN, CL, Reports, Split Sheet _ use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet Greg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: Robb Mars - 401 (BR/NH) PN, CL, Reports, Split Sheet /ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: ✓Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: DCM Planner/WiRO: Cultural Resources: Natural Heritage Prog DCA-Rural Eco. Dev: NC DOT: Wildlife Resources: State Property Office: Shellfish Sanitation DEMLR: Public Water Supply: City of Wilmington: Enforcement: Co. LPO Agent: DISTRIBUTED: ntil Kim Harding ,Mike Christenbury ,Renee Gledhill -Earley Environmental.Review(a)ncdenrgov 'Roney Butler Mark Ziegler /bavid Harris _ `Maria Dunn w/Reports Walton DEED _ .rvl a Moser_ nda Hilliard, Real Property Agent (Bio Reports only) _ Je my Humphrey (Bio) /3 aeFr s t) /ron Gupton, Admin. Ch�ristine Hall - Stormwater Section _ ,,Dan Sams - Land Quality Section eidi Cox �.' I� — ' ieldRep: RECEIVED NOV 112020 '(-M-MHD CITY Updated 09104120 CAMA/Shaun majors docs/e'Agency List