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53-21 Darby & Stertzer
JD t Class AMENDED Permit Number 53-21 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 X Excavation and/or filling pursuant to NCGS 113-229 Issued to David Stertzer and Susan Darby, 7413 Nautica Yacht Club Drive, Wilmington, NC 28411 Authorizing development in New Hanover County, adj. to the AIWW, at 8712 Bald Eagle Lane, in Wilmington , as requested in the permittee's application dated 12/1/20. including attached workplan drawings (3), all dated 11/18/20. This permit, issued on April 23, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ,c auuJccL w uuns, unpnsonment or civu action; or may cause me permit to De nun ana vota. Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. a 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_111 For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee David Stertzer and Susan Darby Permit No. 53-A Page 2 of 3 ADDITIONAL CONDITIONS 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACE / Federal Conditions 13) 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 httns://www.fws.eov/raleieh/odfs/ManateeGuidelines20l7.t)df. General 14) 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Stertzer and Susan Darby ADDITIONAL CONDITIONS Permit No. 53-21 Page 3 of 3 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: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2020- 1986. NOTE: The U.S. Army Corps of Engineers authorized this project by Nationwide Permit 3 (Action ID No. SAW-2020-02240), which was issued on 4/22/21. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. NEW RECEIVED MAY 0 7 2021 DCM-MHD CITY STATE OF NORTH CAR, Department of Environment, and Coastal Resources Coma Vrrmfl for off r 1 � � I • X Major Development in an Are -0- '] q 1 3 pursuant to NCGS 113A-118 X Excavation and/or filling puts '7 `f 13 Issued to David Stertzer and Susan Darby,,,72"Nautica Yacb Authorizing development in New Hanover County, adi. to the AIWW. at 8712 Bald Eagle Lane. in Wilmington , as requested in the permittee's application dated 12/1/20. including attached workplan drawings (3), all dated 11/18/20, This permit, issued on April 23, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e suDject to nnes, imprisonment or c,vu action; or may cause rite permit to De nu i ana vota. Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. (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. le_1j�"`..ter For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Si tureof Permittee David Stertzer and Susan Darby Permit No. 53-21� - Page 2 of 3 ADDITIONAL CONDITIONS 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. 9) All backfill material shall be clean and free of any pollutants except in trace quantities. 10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACE / Federal Conditions 13) 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 httl)s://www.fws.gov/raleigh/ndfs/ManateeGuidelines20l7.1)df. General 14) 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. David Stertzer and Susan Darby Permit No. 53-21 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2020- 1986. NOTE: The U.S. Army Corps of Engineers authorized this project by Nationwide Permit 3 (Action ID No. SAW-2020-02240), which was issued on 4/22/21. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED MAY 0 7 2021 ROY COOPER Govrmn, MICHAEL S. REGAN Secmwry BRAXTON DAVIS ,ethanol December 17, 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.wevchertCD.NCDENR.00v SUBJECT: Dredge & Fill Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW O Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 2ft. waterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. 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 January 11, 2021, If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT AGENCY SIGNATURE DATE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 919796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Susan Darby and David Stertzer, c/o Land Management Group 2. LOCATION OF PROJECT SITE: 8712 Bald Eagle Lane, New Hanover County. Latitude: 340 17'51.63° N, Longitude: 77044' 34.82" W 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12111/2020 Was Applicant Present —Yes 5. PROCESSING PROCEDURE: Application Received—12f712020 (initial) 12115/2020 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: CW, EW, PT Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — NIA Planned —NA (F) Type of Structures: Existing — Bulkhead, pilings from an existing damaged 4-slip docking facility. Planned —New vinyl bulkhead (G) Estimated Annual Rate of Erosion: NIA Source - NIA HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Coastal Wetlands 180 ftz (B) Non -Vegetated Wetlands (Open water) (C) Other — High Ground (D) Total Area Disturbed:180 ftz (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to construct a new vinyl bulkhead 2 ft waterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. 8712 Bald Eagle Lane, Susan Darby and David Stertzer Page Two 9. PROJECT DESCRIPTION The project site is located at 8712 Bald Eagle Lane, on the Atlantic Intracoastal Waterway (AIWW), in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel north on Market Street (NC Highway17), turn right onto Porters Neck Road and travel approximately 1 mile to the traffic circle, take the second exit to stay on Porters Neck Road and travel another 1.4 miles and then turn left onto Bald Eagle Lane. Travel approximately 0.8 miles and the property of interest will be located on the right According to the applicant, the Darby / Stertzer parcel located at 8712 Bald Eagle Lane has a maximum elevation of 15' above NHW and is approximately 0.6 acres. The parcel has approximately 90' of shoreline frontage, currently stabilized by a failing concrete bulkhead that approximates normal high water (NHW). The lot has an existing single- family home with the highground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses. Waterward of the existing bulkhead is a strip of Coastal Wetlands, primarily consisting of salt marsh cordgrass (Spartina altemaflora) that is approximately 14' wide which transitions to open water and then a man-made access channel. The existing channel allows boating access to the AIWW for several private docking facilities in the vicinity and is located approximately 32' waterward of the existing bulkhead (see Sheet 1 of 3). Remnants of a previous docking facility damaged in past hurricanes are also located waterward of the bulkhead. The existing deteriorating concrete bulkhead was built to stabilize the shoreline of several adjacent properties. Perhaps these properties were all one parcel at one time but no permit history was found for the bulkhead, which was likely installed sometime in the 70's'or early 80's. The adjacent property, 8716 Bald Eagle Lane, was recently issued State Permit No. 35-19 to replace the same run of failing concrete bulkhead on their property. Currently there is no docking facility at the subject property. Hurricane's Florence, Dorian, and Isaias destroyed the majority of the structures, leaving one boat lift and the pilings. General Permit No.77502-D was recently issued on 11/19/2020 to repair and replace the formerly permitted facility in the -same footprint with the exception that the gazebo is moved slightly waterward to avoid shading coastal wetland grasses that have established in the former gazebo location. Historically a docking facility at this property existed prior to 1993, however, it appears that the most recent configuration was authorized through General Permit No.14213-D, which was issued to Doyle Penley on 3/31/1995. A second boat lift was added through General Permit No. 54587 on 7/1/2010. The man-made channel waterward of the property is currently maintained through Major Permit No. 164-97 issued to William Boucher located at 8724 Bald Eagle Lane and expires 12/31/2024. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the AIWW are classified SA-ORW by the Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a new steel sheet pile bulkhead 2' waterward of the existing deteriorating bulkhead impacting Coastal Wetlands adjacent to the AIWW. The existing bulkhead is cracked in several places and has lost sediment from behind the wall. Tie backs in a few locations are visibly broken and rusted. The applicant states that "The proposed construction method intends to minimize auxiliary impacts to coastal wetlands by focusing construction efforts to within 2' of the existing bulkhead°. The new bulkhead will be approximately 90' in length with a 1' wide cap and will be into adjacent bulkheads. As proposed approximately 180 ftz of Coastal Wetland would be filled with the new bulkhead alignment. The new alignment would meet and tie into the newly constructed bulkhead to the north and would be 2' waterward of the bulkhead to the south. Additionally, the new 8712 Bald Eagle Lane, Susan Darby and David Stertzer Page Three alignment would be located approximately 2' below NHW, this would result in the incorporation of approximately 180 ft2 of Public Trust Area (see Sheet 2 and 3). 10. ANTICIPATED IMPACTS The proposed project area would result in impacts to both Coastal Wetland and Public Trust Areas. As proposed, the new bulkhead would extend 2' waterward of the existing bulkhead, which would fill 180 ft2 of Coastal Wetlands and incorporate approximately 180 ft2 of Public Trust Area within the AIWW. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: December 16, 2020 Office: Wilmington 3. DCM MP4 Section 6.0 Additional Information 3.1 Section 6, a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is adjacent to the Intracoastal Waterway and Middle Sound at 8712 Bald Eagle Lane in Porters Neck, New Hanover County. There is a single-family residence currently located on the property. There Is an existing bulkhead located on the property constructed under an unknown CAMA General Permit number. There is an existing covered gazebo, floating dock, and boat lift constructed under an unknown CAMA General Permit number. An additional boat lift was permitted in July 2010 under CAMA General Permit number 54587. Replacement of the floating dock, gazebo, and access pier in their original footprint was permitted in November 2020 under CAMA General Permit number 77502. There are no other piers or docking facilities currently located on the property. Normal High Water, Coastal Wetland, and outer edge of marsh lines were determined through aerial photography by Land Management Group. See Appendix B for details. Waters in the project area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area. 3.1.2 Proposed Action The applicant proposes replacement of the existing degraded 90' bulkhead 2' waterward of the existing location, after which the vacant area will be backfilled with sand. Approximately 180 square feet of coastal wetlands will be impacted. The proposed construction method intends to minimize auxiliary impacts to coastal wetlands by focusing construction efforts to within 2 feet of the existing bulkhead. The proposed replacement bulkhead will measure approximately I'wide and will be constructed of sheet pile with a wooden cap. The proposed bulkhead will tie to adjacent bulkheads. There is no additional upland work proposed on the property. See Appendix A for details. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Application for Major Development Permit - December 2020 8712 Bald Eagle Lane Wilmington, New Hanover County, North Carolina RECEIVED DCM NPLMINGTON, NC OLMGLAND ANAGENIENr GROUP a mwv# mmpvry December 1, 2020 TO: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 8712 Bald Eagle Lane, David Stertzer and Susan Darby CAMA Major Permit Application Request Katharine, Please find enclosed a CAMA Major Permit application and supporting materials for the 8712 Bald Eagle Lane project located on Bald Eagle Lane, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, S Andy Dortch Land Management Group RECEIVED DEC 0 7 2020 Enclosure: CAMA Major Permit Application Package; Fee Check OCM WILMINGTON, NC cc: David Stertzer and Susan Darby www.lmgroup.netr info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452:0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 I. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina niviglON n❑ rnACTAI MAKJA1 GaA=KJ7 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) 8712 Bald Eagle Lane Applicant 1: First Name MI Last Name David n/a Stertzer Applicant 2: First Name MI Last Name Susan n/a Darby //additional applicants please attach an additional page(s) wilh names listed. Mailing Address PO Box City 7413 Nautica Yacht Club Drive Wilmington�NC ZIP Country Phone No. FAX No. 28411 USA 703-615-3625 / 703474-2420 n/a Street Address (ddifferent from above) City State ZIP project street address: 8712 Bald Eagle Lane Wilmington NC 28411 Email susan®susandarbvcont; distertz0amail.com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Andy n/a Dortch Agent/ Contractor 2: First Name MI Last Name Greg n/a Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. Na n/a ext n/a FAX No. Contractor # 910452-0060 n/a Street Address (d diBerent from above) City State ZIP NA Email adortchGDlmgrouo net, drich0marouo.net Application for Major Development Permit - December 2020 8712 Bald Eagle Lane Wilmington, New Hanover County, North Carolina DEC 0 7 2020 DCM WILMINGTON, 14C 1 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 8712 Bald Head Lane n/a Subdivision Name city State Zip Porters Neck Wilmington NC 28411 Phone No. Lot No.(s) Cif many, attach additional page with list) n/a NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW 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 NManmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed MYes ❑No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft) b. Size of entire tract (sq.ft.) 90' @ NHW 0.6 +/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or n/a NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0-15, ❑NHW cr NNWL e. Vegetation on tract Typical coastal shrubs and trees exist on the tract. f. Man-made features and.uses now on tract There is a single-family residence located on the tract There is an existing bulkhead located on the property constructed under an unknown CAMA General Permit number. There is an existing covered gazebo, floating dock, and boat lift constructed under an unknown CAMA General Permit number. An additional boat lift was permitted in July 2010 under CAMA General Permit number 54587. Replacement of the floating dock, gazebo, and access pier in their original footprint was permitted in November 2020 under CAMA Genera( Permit number 77502. There are no other piers or docking facilities located an the property. g. Identify and describe the existing land uses adiacen to the proposed project site. Residential homes and docking facilities. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? R-20S (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo it. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it Involve a National ❑Yes NNo ❑NA Register listed or eligible property? DEC 0 7 2020 Application for Major Development Permit — December 2020 8712 Bald Eagle Lane DCM WILMINGTON, NC Wilmington, New Hanover County, North Carolina 2 m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ®Yes []No (iii) If yes to either (i) or (i) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, iravailable) NHW, COASTAL INETLAND AND OUTER EDGE OF MARSH LINES WERE DETERMINED THROUGHAERIAL PHOTOGRAPHY. n. Describe existing wastewater treatment facilities. Municipal a. Describe existing drinking water supply source. Municipal P. Describe existing stone water management or treatment systems. None 5. AcUlie Ies and Impacts a. Will the project be for commercial, public, or private use? []commercial ❑PuburjGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to replace the current existing bulkhead 2' waterward from its current location. The purpose of the project is to stabilize uplands and repair the degraded existing bulkhead. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where k is to be stored. Typical bulkhead construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. The applicant proposes replacement of the existing degraded 90' bulkhead 2' waterward of the existing location, after which the vacant area will be backfilled with sand. Approximately 180 square feet of coastal wetlands will be impacted. The proposed construction method intends to minimize auxiliary impacts to coastal wetlands by focusing construction efforts to within 2 feet of the existing bulkhead. The proposed replacement bulkhead will measure approximately 1' wide and will be constructed of sheet pile with a wooden cap. The proposed bulkhead will tie to adjacent bulkheads. There is no additional upland work proposed on the property. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 180 ®Sq.Ft or ❑Acres for bulkhead replacement 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? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑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. ED Application for Major Development Permit —December 2020 8712 Bald Eagle Lane Wilmington, New Hanover County, North Carolina DCNBWILMINGTON, NC 6. Additional Information In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consul the application instruction booklet on how to properly prepare the required items below. ' a. A project narrative. b. An accurate, dated work plat (including plan view and crass -sectional drawings) drawn to scale. Please glue 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 unfamiliarwith the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. L A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name LEE JULIA W E'AL Phone No. NA Address 8716 BALD EAGLE LANE, WILMINGTON, NC 2a411 Name WL NXT ADVENTURES LLC or WENDY MACK Phone No. NA Address 8708 BALD EAGLE LANE, WILMINGTON, NC 28411 Name WORSLET W CECIL III JOANNA S Phone No. NA Address 123 SHIPYARD BOULEVARD, WILMINGTON, NC 28412 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. CAMA GP 54587, SCOTT WAINSSCOTT, 7/1/2010 CAMA GP 77502, SUSAN DARBY (revocable trust), 11/19/2020 h. Signed consultant or agent authorization form, if applicable. 1. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) K. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project invclves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act 17. Certification and Permission to Enter on Land . i unuerstan0 mat 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 t0 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: 12/1/2020 Print Name: Andy Dortch. Agent Land Management Grouo Signature _ Please indicate application attachments pertaining to your proposed project. NDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM l Structures Information RECEIVED Application for Major Development Permit— December 2020 8712 Bald Eagle Lane Wilmington, New Hanover County, North Carolina DCM WILT INGTON, NC 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and oalverts) Access Channel Canal (NLIN or NW11 Boat Boat Rock I Rock Other (excluding Basin Ramp Groin Breakwater shoreline stahili7atinnl Length — --- Width — Avg. Existing Depth NA NA Final Project Depth NA NA I. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in It cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d (CM. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _❑SAV ❑SB _ ❑WL _ ❑None (ii) Describe the purpose of the excavation in these areas: 1114Thls section not applicable of material to be excavated. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. C. O Do you claim title to disposal area? ❑Yes ONO ❑NA (ii) If no, attach a letter granting permission from the owner. d. (1) Will a disposal area be available for future maintenance? Oyes ONO ❑NA (il) If yes, where? e. (i) Does the disposal area induce any coastal weflands/marsh f. O Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), Dyes ONO ❑NA or other wetlands (WL)? If any boxes am checked, provide the number of square feet affected. (li) If yes, how much water area is affected? ❑CW ❑SAV ❑SB _ ❑WL ❑None (ii) Describe the purpose of disposal in these areas: Application for Major Development Permit — December 2020 8712 Bald Eagle Lane Wilmington, New Hanover County, North Carolina RECEIVED DCM WIUANGTON, NC 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) e Tv., nF.h va., .,..k.e:_ u. Leuger. su ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. — Width: 1' c. Average distance watenvard of NHW or NWL: 2' d. Maximum distance waterward of NHW or NWL: 2' e. Type of stabilization material: steel sheet pile with sand backfill g. Number of square feet of fill to be placed below water level. Bulkhead backfill: —180 so ft Riprap Breakwater/Sill Other I. Source of fill material: sand mine or upland source f. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No DNA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. sand 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed In coastal wellands/marsh (CM IT yes, (ii) Amount of material to be placed in the water — (iii) Dimensions of fill area _ (iv) Purpose of fill suomerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV — ❑SB — ❑WL ❑None (ii) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragllhe, controlled? Silt fence ortvoical erosion control measures backhoe, or hydraulic dredoe)? Backhoe or other tvniral la d@he„k c. () Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No DNA site? ❑Yes ONO DNA (i) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 12/1/2020 Dare 8712, Bald Eagle Lane ' Project Nano Andy Dortch, Agent Land Management Group Applicant Nanc .. . A414 naoXc� Applicant Siguture . RECEIVED Application for Major Development Permit — December 2020 DE C 8712 Bald Eagle Lane Wilmington, New Hanover County, North Carolina DCM WININGTON, NC ROY COOPER covemw MICHAEL S. REGAN Seaetarr BRAXTON C. DAVIS Dbraor Andy Dortch Land Management Group 3805 Wrightsville Ave. Wilmington, NC 28403 Dear Mr. Dortch: NORTH CAROLINA EnviromwntarQuarrty December 16, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Susan Darby and David Stertzer, for State approval for development of the subject property located at 8712 Bald Eagle Lane, adjacent to the Atlantic Intracoastal Waterway (AIWW), in New Hanover County. It was received as complete on December 15, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 28, 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 December 15, 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 ofyoui written request and shall include the property owner, developer, and project designed6risultant. 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 mad right-oof--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 andt6r comments from reviewing agencies. Si cere�, Katharine Elks Field Representative Cc: Curt Weychert, DCM USACE Christine Bouffard, LPO Robb Mairs, DWR Susan Darby, Applicant David Stertzer, Applicant EQ North Carorma Department of Environmental Quality I Drvlsron of Coasral Management Wdmimgmn orfl= I rz7 CardmalDriveExtmskM I Wilmington, North Carolina 28405 1T(j'l�I�l11 CA'MA PERMIT APPLIEM FOR IRO-ECT.Applcant pro poses to construct a new Hivvvv, in mimington, New Hanover Counl COMMENTS ACCEPTED THROUGH -Aa--Huary 11, 2021 APPLICANT: David Stertzer & Susan Darby au c ac u nve �t Wilmington, NG 28411 ,ften Land Management Group Andy Dortch (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: w 27 G ■ w Ext. n Wifmi -glon, 1(,alhai"ia�El NG 11:11jiT949T 28405 74924 0 NORTH CAROLINA I'm 9'n9al(gl✓11 hudal December 17, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Dale Ardizzone / New Hanover County • Susan Darby & David Stertzer / New Hanover County ROY COOPER ro`e� MICHAEL S. REGAN Secman' BRAXTON DAVIS Director. D0vu,. oJ(bana/ MmaQtemem Hello Angie: Please publish the attached Notice in the Monday, December 21, 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. LQ Vmcorely, VPiettla g Support & Customer Assistance cc: MHC Files Curt Weychert—MHC USACE State of North Carolina I EavLonmental Quality I Cea" Management 127 Cardinal Drive Fit., Wilmington, NC 29405 919 796 7215 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 December 16, 2020, Dale Ardizzone proposed to add a second ramp to a floating platform for a total of three (3) slips at 18 Sandy Pt, adjacent to Banks Channel in Wilmington, New Hanover County; and on December 16, 2020, Susan Darby & David Sterizer proposed to construct a new bulkhead waterward of an existing bulkhead at 8712 Bald Eagle Ln., adjacent to the AIWW, in JR1mington, New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks, N.C. Dept. of Environmental Quality, Division of Coastal Management,127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 during normal business hours. Comments mailed to Branton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 11, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the pemut decision in these matters will be provided upon written request. Contact Name ` vrlliam dortch Contact Email Address' adortch@Imgroup.net Project Owner ` David Stertzer and Susan Darby Project Name' 8712 Bald Eagle Lane Project County" New Hanover Owne r Address: ` Street Address 7413 Nautica Yacht Club Drive Aftess lire 2 ON State / Rmirice / %gion wiimington NC Postal / 2ip Lbde Cburtry 28411 US Is this a transportation project?' f Yes f• No Type(s) of approval sought from the DWR: r 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express r Individual Permit r Modification W Shoreline Stabilization Does this project have an existing project ID#?* r Yes v No Do you know the name of the staff member you would like to request a meeting with? no Please give a brief project description below.z RECEIVED OF C. 0 9 2020 DCM WILMINGTON, NC The project is adjacent to the Intracoastal Waterway and Mddle Sound at 8712 Bald Eagle Lane in Porters Neck, New Ranover County. There is a single-family residence currently located on the property. There is an existing bulkhead located on the property constructed under an unknown CAMA General Permit number. There is an existing covered gazebo, floating dock, and boat lift constructed under an unknown CAMA General Permit number. An additional boat lift was perrnifted in July 2010 under CAMA General Permit number 54587. Replacement of the floating dock, gazebo, and access pier in their original footprint was permitted in November 2020 under CAMA General Permit number 77502. There are no other piers or docking facilities currently located on the property. Normal Figh Water, Coastal Welland, and outer edge of marsh lines were determined through aerial photography by Land Management Group. Waters in the project area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area. The applicant proposes replacement of the existing degraded 90' bulkhead 2' waterwerd of the existing location, after which the vacant area will be backfilled with sand. Approximately 180 square feet of coastal wetlands will be impacted. The proposed construction method intends to minimize auxiliary impacts to coastal wetlands by focusing construction efforts to within 2 feet of the existing bulkhead. The proposed replacement bulkhead will measure approximately 1' wide and will be constructed of sheet pile with a wooden cap. The proposed bulkhead wii tie to adjacent bulkheads. There is no additional upland work proposed on the properly. Please give a couple of dates you are available for a meeting. 1211742020 12115l2020 Please attach the documentation you would like to have the meeting about. CAMAAppfication-8712 Bald Eagle Lane.pdf 6MB pJ m1y By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-fifirng meeting request. • I also understand that DWR is not required to respond or grant the meeting request Your projects thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * (i✓wG' f"Oetreo Submittal Onto t 2/9/2020 RECEIVED DEC 0 9 2020 DCM MLMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: David Stertzer and Susan Darby Mailing Address: 7413 Nautica Yacht Club Drive Phone Number: Email Address: Wilmington, NC 28411 susan@susandarby.com; distertz@gmail.com I certify that I have authorized Land Management Group Agent/ Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development installation of new bulkhead removal of existing bulkhead, at my property located at 8712 Bald Eagle Lane, Wilmington, NG28411 in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact giant 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: A. - Print orTvae Name owner �7 Title f 1 l a( 1" Date RECEIVED This certification is valid through 12 /31 12021 DEC 0 7 2010 DCM WILMINGTON, NC 4LMG G a DOIEY1 company December 1, 2020 LEE JULIA W ETAL 8716 BALD EAGLE LANE WILMINGTON, NC 28411 To Whom It May Concern: David Stertzer and Susan Darby are applying for a CAMA Major Permit for development activity on their property located at 8712 Bald Eagle Lane, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortc1h6almorouo net Sincerely, "Zll _!t ' Andy Dortch, Agent Land Management Group Enclosures www.lmgroup.net . Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 29403 RECEIVED DEC 0 7 20' j DCM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a DAIEY# Company December 1, 2020 WL NXT ADVENTURES LLC OR WENDY MACK 8708 BALD EAGLE LANE WILMINGTON, NC 28411 To Whom It May Concern: David Stertzer and Susan Darby are applying for a CAMA Major Permit for development activity on their property located at 8712 Bald Eagle Lane, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch(aImarow. net Sincerely, RECEIVED Andy Dortch, Agent DEC 0 7 20;1 Land Management Group DCM WILMINGTON, NC Enclosures www.lmgroup.net • Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 4LMG LAND MANAGEMENT GROUP a MAMA rnmpany December 1, 2020 WORSLEY W CECIL III JOANNA S 123 SHIPYARD BLVD WILMINGTON, NC 28412 To Whom It May Concern: David Stertzer and Susan Darby are applying for a CAMA Major Permit for development activity on their Property located at 8712 Bald Eagle Lane, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortchtbimaroup net Sincerely, RECEIVED Andy Dortch, Agent Land Management Group DEC 0 7 2020 Enclosures www.lnngroup.net • Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC •. CERTIFIED MAIL@ RECEIPT Cr Domestic a L, `01, O WiIMIo9tanF11 8411 in 1 jr M1 cart � Oo..►erriwwn+.n . o Oa..o.r...... . 19< �,. C3 O•rtFr.x..rortt _ 0 ? yam_ W� m $2.00 /2020 12/02ral A f8.i0 IU O Ln .A G m c rr A G G O G m A a cc A 0 M1 o Wil 11 mom—' o--thy _.. N Owa a.p °err JA Cpc•e1rlrWa+ew or+�n t O? 2" p.s. esi+..w.�so.wt t m t�.v f1.00 19 $7.40 02%20 m o�,�` RECEIVED DEC 0 7 2ozo DCM W►LMINGTON, NC DAISY#- Stertzer and Darby CAMA Major Permit Application Dortch, Andy <adortch@lmgroup.net> To: Joyce Snyder <jsnyder@springeroil.com> Cc: Cecil Worsley <cecil@springeroil.com> Got it. Thanks for the info Joyce. Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 r a IliND':MANA6EhlENTGROt7P On Mon, Dec 7, 2020 at 9:36 AM Joyce Snyder <jsnyder@springeroil.com> wrote: Hi Andy Dortch, Andy <adortch@Imgroup.net> Mon, Dec 7, 2020 at 10:13 AM This email is in response to your letter dated December 1, 2020 regarding the CAMA Major Permit application of David Stertzer and Susan Darby. Please note that the Wo�sley's no longer own the property at 8708 Bald Eagle Lane in Wilmington. North Carolina This property was sold on May 26th of this year.to WL NXT Adventures, LLC. Thanks, Joyce Snyder Executive Assistant to W. Cecil Worsley, III Springer Eubank Company Phone: 910395-2870 Fax: 910-792-6580 Email: jsnyder@springeroil.com RECEIVED DEC, 15 7U79 DCM WILMINGTON, NC ALERT: USPS IS EXPERIENCING UNPRECEDENTED PACKAGE INCREASES AND LIMITED EMP... USPS Tracking® FAQs > Track Another Package (Lcc Tracking Number: 70181130000179306496 Remove x Your item was delivered to the front desk, reception area, or mail room at 9:31 pm on December 5, 2020 in WILMINGTON, NC 28411. G Delivered December 5, 2020 at 9:31 pm Delivered, Front Desk/Reception/Mail Room WILMINGTON, NC 28411 Get Updates v Text & Email Updates RM Tracking History t Mt r-1vc�+ ^ OF[,1 5 2020 December 5, 2020, 9:31 pm Delivered, Front Desk/Reception/Mail Room DCM WILMINGTON, NC WILMINGTON, NC 28411 Your item was delivered to the front desk, reception area, or mail room at 9:31 pm on December 5, 2020 in WILMINGTON, NC 28411. December 5, 2020 In Transit to Next Facility December 4, 2020, 6:36 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX December 4, 2020,12:47 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX December3, 2020, 12:24 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER December 2, 2020, 12:18 pm USPS in possession of item WILMINGTON, NC 28403 Product Information See Less Can't find,what you're, looking for? M Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED F, 15 Nyo DCM WILMINGTON, NC ALERT: USPS IS EXPERIENCING UNPRECEDENTED PACKAGE INCREASES AND LIMITED EMP... USPS Tracking' Track Another Package FAQs S"IV$ � gE� Tracking Number: 70181130000179306519 (yWacAL ) Remove x Your item wasdelivered to the front desk, reception area, or mail room at 9:05 pm on December 5, 2020 in WILMINGTON, NC 28411. OV Delivered December 5, 2020 at 9:05 pm Delivered, Front Desk/Reception/Mail Room WILMINGTON, NC 28411 Get Updates v Text & Email Updates Tracking History V RECEIVED n nor. i 5 zo2o December 5, 2020, 9:05 pm Delivered, Front Desk/Reception/Mail Room DCM WILMINGTON. NC WILMINGTON, NC 28411 Your item was. delivered to the front desk, reception area, or mail room at 9:05 pm on December 5, 2020 in WILMINGTON, NC 28411. December 5, 2020 In Transit to Next Facility -n m a N n December 4, 2020, 6:36 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX December 4, 2020, 12:47 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX December 3, 2020;12:24 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER December 2, 2020,12:18 pm USPS in possession of item WILMINGTON, NC 28403 Product Information See Less n Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED ' 0FC 15 20ZO DCM WILMINGTON, INC V Ir m n- M1 A O 0 O G m ril co rq 0 M1 ti O Ln .A O m r ry C3 0 0 0 0 m m 0 a M1 .9 i alron Ir < f3.5S 'fUi M1 x❑" T jj—"— a�mw \ ri o � 0 o�akw ,R ,, ot+- 2 11 okwae....w+mnnre 0-:00— G m ewe ___'----- - 11.00 j S7.40 I VW/202 .d seu ._..... e 0 a.�aaa a: ........ _ JCAMA / DREDGE & FILL 54587 ®GENERAL PERMIT 7New :_Modification _ ,Complete Reissue —Partial Previous permit# Reissue Date previous permit issued As authorized by the State of North Carolina. Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC_ I—. } T Applicant Name .. Rules attached. Project Location_ County J!!�GL ;�fi, •..�,. Address e, Street Address/ State Road/ Lot #(s) City— — State 'K ZIP �1 ' Phone # " Fax # (�)_ Subdivision Authorized Agent .: �,:_• �• �% _ C•mr ZIP ._ CEW ''�q �E -� Affected Phone# (-._) River Basin �'- ---' - _-CW AEC, --"EA ". HHF 01H ❑URA ❑WA O r _ Ad . Wtr. Body I Y._ ��� PWS: ❑FC: __ _ tnat_[m_an-/unit)) ORW PNA r, S no yes CritHab, yes / no Closest Ma i' W�y tr. . 1 Type of Proltact/ Activity / { 7 ,� % //, 1 ' i / �. � C y"' •'/+'7 / / r Pier (dock) length t (Sca!• M Finger pier(s) Groin length _ _- _—. _ _.—_ •+" - � - - - number Bulkhead) Ripmp length avg distance offshore max distance offshore__ _ ' - ♦ L * _. .. .. "; r _ Basin. channel rabic yards Boat ramp Boathouse/ Boatidtf' •n — "� • F -,__ _ _-- �- r r- 4 . Beach Bulldonng Other Shoreline Length [ J.y. _ S. SAV: not sure yes no Sardbagr: not sure yes r Moratorium: rJa yes . ono I I __ , Photos: yes Waiver Attached: yes no,'..__.---. A building permit may be required by: /V�[Z—yy/,psJr�y See note on back regarding River Basin rules. Notes/ Special Conditions _ k;t tic �7 �7 a'?RECEIVED DL.., .,._..,... - ;Awrdor Applicant Printed Name r' Signature ",Please read compliancestatementonback ofpermit"t6 t-P'r 11-11 /�i/1 Application Fee(s) Check # A`'X PennitAfficeh Siglature ba Issuing Date Expiration Date ' Local PlarmngJunsdichon RoverFlle Name Statement of Compliance and Consistency This permit Is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: Tar- Pamlico River Basin Buffer Rules Other: _ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin, These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules. Division of Coastal Management Offices Raleigh Office Mailing Address: 1638 Mail Service Center Raleigh, NC 27699-1638 Location: 2728 Capital Blvd, Raleigh, NC 27604 919-733-2293 Fax:919-733-1495 Morehead City Headquarters 400 Commerce Ave Morehead City, NC 28557 252-808-28081 1-888ARCOAST Fax: 252-247-3330 (Serves: Carteret, Craven. Onslow -above New River Inlet- and Pamlico Counties) Elizabeth City District 1367 U.S. 17 South Elizabeth City, NC 27909 252-264-3901 Fax:252-264-3723 (Serves: Camden, Chowan, Currituck, Dare. Gates, Pasquotank and Perquimans Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-796-7215 Fax: 910-395-3964 (Serves: Brunswick. New Hanover, Onslow -below New River Inlet- and Pender Counties) RECEIVED DEC 0 7 2020 DCM WILMINGTON, NC Revised 0=9106 CAMA / . '. DREDGE & FILL Q} GENERAL PERMIT �jc> `''�J ` A a c XNm —PrerouspermitN St-(SJs'}•D Mcdiheuicn _ Comp!etc Rmsue 'Pamal Reissue Date previous perm,, issued. a/ r 1^ 20( O._ As authonred by the State of Hersh Car4m. Depamnear of Emnronmental (uimj and the COXAaf Resources Cmmnussson man "r,s of environmental cenc,m pursuant to 154 NUZ • 2.000 Applicant Name szx-swn DAr� IVLITLn(jlA 1WS F, au.r. t,�ulad PrOjeccf Eeuny Add II Naufif t� •! j'r OGTt1Un; 6')t tovG�/Q}/ . c c� CIUV 3X `^'. C •yllJt1M"-tzs,. Smt W L a.69 j S!(eM Af)d(CSSj SL3le RO:di (y: r�(y) �'�" IZ �jG rG( Zip I Phone - EGGIfs. LF(yy!� ,.- #( ) E-f-Ia,l _ J Subd:•nsroln ��" Authorized Agent Cvta£C. ELCN") Ci. j/J+, llrk1.mA •�'p/"t ZIP ( Affected xCW AW )PTA ES PTS � Phone # 1 a 1 • S Ci�• i Pwer N✓t;• a pFA AEC(s): HHF IN UflA NA PWS. ..a.ir, Ad). VAr. Body A (W vJna cnkna ORVI: yr, / na PNA yp; �j Clos�c r'uj vv._r, eodj %�i'/>'� �J �•l TYPeofProjectlAcdv(ty Qep(Glees -—fts,o Cl�,•L O� r ,• r j G. C1 QL_ijS (7( Fl/ !`/,._llr.fi. Gv r1 C f^ 1 J.- �.,.• -"D Y W i Fr 4m<,w ,o,(t"W (Scafet I, 3c; ) FnAplx!o.nzsl v'"� Flat.ng Ptx:(aans) VF���,g %eiO' Finar. peril) ' .aanbs arr, cf=w! MScrr F FN tj,3 V0 tub:- wds �c^r� o Earn BW'Garrg . O ... ... •ctCf jd-+ 5*.ardma LanEh �:..1 fl 7! i - •^—� ✓ �f SAt/: ncwrp yC 'rL . . '"y^/ •` vi(O; _ Nbra:oraw: nh yes Maws. ycs © i/-iN� f :I -!PA '--• V.3ircr/•:Jtd• yes no 4' LEE ( `3 +O (5 .tllif%st't A 6udd(ng pmmit may tp req_•trcd f'r �.1 LVJ %lest tt17r•E✓ CO• _ Mom Local Pianrang Jvrisdc6any See rcce on btc<fe.g"dmg it,, Raton mlp;. ( j/1l . Notes( Special Conditions IM iG[lsI G•IcrF� c2Ld TfQ.srr-I ASen: er Appia TPrwn S+R'utlmmpliapCe s„,temmtonDackalparmit •t aco. 0 0 l`15 Appsca>a.Fcc(s) Clteck# �avtv�imp Lt. - P1er/mitofcce'sPrnttsl Va``' Signmum u In Izo Issuing Dato DEC 07 20r0 DCM WILMINGTON. NC E.pirano" Dal, BK: RB 6356 PG: 2608-2611 ND FEE52600 2020038203 RECORDED: NEW HANOVER COUNTY, 09N812020 REAL ESTATE TAMMY THEUSCH BEASLEY EXTX S325D.00 AN E A E Sr.BY: ANGHIA ENGLISH REGISTER OF DEEDS DEPUTY ELECTRONICALLY RECORDED Excise Tax Tax Lot No. Parcel Identifier No, Verified by County on the day of, Mail after recording to: GRANTEE This instrument was prepared by: Black, Slaughter & Black, P.A. —Joseph W. Thompson; IV Title Insurance Company: Barristers Title index I LotN 90 feet of Yt 4, Section A, NORTH CAROLINA GENERAL WARRANTY DEED made this l GRANTOR Orlando Jones and wife, Jacqueline Jones Mailing address: 250 West 5r Street, 26th Floor New York, NY 10107 This is _ is not x the Grantor's primary residence. zpzo Susan H. Darby as Trustee of the Susan H. Darby Revocable Trust dated August 16,206 and David Stertzer as Trustee of the David Stertzer Revocable Trust dated August 16, 2019 as tenants in common Property and Mailing address: 8712 Bald Eagle Lane Wilmington, NC 28411 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include sinnulw, plural, masculine, feminine or neuter as required by context 1YITNESSET4 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 coney unto the Grantee in fee simple, that terrain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as follows: See attached Exhibit "A" The property herein above described was acquired by Grantor by instrument recorded in Book 5864 at Page 509. A map showing the above described properly is recorded inMap Book 5 at Page 39. RECEIVED DEC 0 7 2020 submitted electronically by "Black, slaughter & Black, PA" in compliance with North Carolina statutes governing recordable documents DCM WIL , and the terms of the submitter agreement with the New Hanover county Register of Deeds. MI�'GTON, NC TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that 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 exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Lien of ad valorem real property taxes not yet due and payable, covenants, conditions, easements and restrictions of record. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporatename by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Orlando Afes STATE OF 6 era 6A.0 Ed- COUNTY OF SEAL- n/J ^—��-- CA,sAa s —a STAMP I . /J LAY a-. w:S a Notary public for the above State and County do hereby certify that Orlando Jones appeared before me this day and acknowledged the .ar^91+r.r,,due execution of the foregoin instrument for the purposes therein expressed. `:1,.�Qy,DLEY �0y �- fL �� L �zv Q NOTARY crJ, 'e Witness my hand and offic' stamp or seal, the day of---�_ My ZmqSs nElyires = , %NO�rypublic��dPUBLIC MyCommissions• 9 9 zt z9 C. aarAs rnm No. 701977 e M nom.�wwm r+.e. ea.nue RECEIVED DEC 0 7 2020 DCM WILMINGTON,14C SEAL- STAIVIP IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year fast above written. JacqueUfie Jones STATE OF '4LM +O .1w COUNTY OF AL a/wro✓€ T cae�A& I, /lu+t£t os a Notary Public for the above Stage ands County do hereby certify.that Jacqueline Jones appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. ,� / witness my hand and o t tal stamp or seal, the � day of �e�/tw O � Public RECEIVED DEC 0 9 pp; g ')CM WILMINGTON, i,lc N.C. oar Assoc fvnp Nn) S 19i ii PNneC MPerecrc+ewn Ym N.0 BaA-u BEING a certain tract or parcel of land located in the City of Wilmington, Newi3anover County, North Carolina and being more particularly described as followr. BEGINNING at a concrete monumem where the present eastern line of Bald Eagle Lane (60 foot right of way) is intersected by the norhem line of Lot 4 as sbownon the Map of Porter's Neck, Section "A% dated May 13, 1951 and recorded in Map Book 5, Page 39, New Hanover Cormty Registry; turning thence from said beginning point along the eastern line of Bald Eagle Lane South 30046' West 38 65 feetto an iron pipe at the northern end of a crave; thence southweshtardly along said line of said toad as it cone to the west to an iron pipe that is South 36°35'35 5° West 5140 feet firm the prvicediugpoint, thence South 56° 21, East and parallel with the norrhwardly with the center of said channol to a point that bears South 56' 21' East firm said beginning point, then=North 56' 21' West along the nortbem line of said Lot 4 tot he point and place ofbegmning, the same being the northern 90 feet of Lot 4, Section A, porter's Neck according to the aforementioned map. SUBJECT, however, to the easement of the lutracoastal Walerway Tax ID: R03805-005-003-000 RECEIVED DEC 0 7 202o DCM INILMING7-ON, NC DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Susan Darby & David Sterizer COUNTY: New Hanover PROJECT NAME: 8712 Bald Eagle Lane LOCATION OF PROJECT: 8712 Bald Eagle Lane, adjacent to the AIWW, Wilmington DATE, APPLICATION RECEIVED COMPLETE BY FIELD:12-15-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Elks dA�. t��fc_, DISTRICT OFFICE: WILNUNGTON DISTRICT MANAGER REVIEW: T-/n B) DATE RECEIVED BY MAJOR PERMITS UNIT: X--fllb FEE REC'D: S400 (60/40)#2143 APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE RECD:12-21-20 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 2-28-21 HOLDS: MAIL OUT DATE:12-17-20 END OF NOTICE DATE: 1-11-21 DEED RECD: Yes 150 DAY DEADLINE:95-14-24 STATE DUE DATE: 1-11-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM-LUP Consistency Determination Local Permit Officer Corps of Engineers— Regulatory Branch �'?j�'2074 040 AMR 3 DWR-401 Section DWR -Public Water Supply Z���-'Ln DEMLR-Stormwater (� ��j - 2' DEMLR- Sed and Erosion l _ i5 -24 DOA— Sune PropeM Office — Wildlife Resources Commission _ 6 - 2A DMF- Shellfish Section VZ�ZI. DMF - Habitat & Enhancement DNCR -Archives & History `- DNCR- Natural Heritage Program NCDOT NC Dept of Commerce RECOMMENDATIONS FOR 8712 Bald Eagle Lane, Susan Darby and David Stertzer 12116/2020 The applicant has an existing failing concrete bulkhead. 15A NCAC 07H.0208 requires that bulkhead alignment shall approximate mean high water or normal water level and shall be landward of significant marshland or marshgrass fringes also states that bulkheads shall be permitted below approximate mean high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulfing from the unusual geographic or geologic features; (iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. The proposed bulkhead will extend no further below NHW than necessary to construct a new bulkhead. The alignment should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend greater than 2 ft. waterward of the existing failing wall and because both adjacent properties are already bulkheaded. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for bulkheads. It is recommended that any permit issued should include standard permit conditions for bulkheads and upland development. .*'„. ROY COOPER Governor MICHAEL S. REGAN 8'ecrelary Oa,v,ti+ BRAXTON DAVIS NORTH CAROLINA Director, Di4i.dnn aj('oastal fnrlronmenrai Oliahq� Managemen( December 17. 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)NCDENR. oov SUBJECT: Dredge & Fill Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 2ft. waterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. 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 January 11, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE �r'k rj'O"' RECEIVED DATE 12-18-20 DEC 'I 8 2010 MP SECTION DCM - MHD CITY State of North Carolina I Environmental Qrahty I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ��..a ROY COOPER Governor r ' MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director. Division ofCoastal EnvirinmeMnl Oualitp Management December 17, 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) curt.wevchert(a)NCDEN R.gov SUBJECT: Dredge & Fill Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 2ft. waterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. 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 January 11,_2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality SIGNATURE for Shannon Jenkins RECEIVED DATE 12/21 /2020 DEC 2`I An MP SECTION State ofNotth Carolina I Environmental Quality l Coastal'Management DCM - MHD CITY 127Cardinal Drive Ext.,Wilmingtoq NC2g405 9197967215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1: APPLICANT'S NAME: Susan Darby and David Stertzer, c/o Land Management Group, 2. LOCATION OF PROJECT SITE: 8712 Bald Eagle Lane, New Hanover County. Latitude: 340 17'51.63" N, Longitude: 77044' 34.82" W 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/11/2020 Was Applicant Present —Yes 5. PROCESSING PROCEDURE: Application Received—12/7/2020 (initial) 12/15/2020 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: CW, EW, PT Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — NA (F) Type of Structures: Existing — Bulkhead, pilings from an existing damaged 4-slip docking facility. Planned — New vinyl bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - NIA 7. HABITAT DESCRIPTION: [AREA] (A) Vegetated Coastal Wetlands 180 ftz (B) Non -Vegetated Wetlands (Open water) . (C) Other —High Ground (D) Total Area Disturbed:180 ftz (E) Primary Nursery Area: No (F) Water Classification: SA-ORW,, Open: Yes 8. PR`OJECT SUMMARY: The applicant proposes to construct a new vinyl bulkhead 2 ftwaterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. ROY COOPER W � JRlrr, > a " MICHAEL S. REGAN BRAXTON D.AVIS December 17, 2020 C• �• i2 FROM: Curt Weychert, Assistant Major Permits Coordinator DEC a i, NCDEQ - Division of Coastal Management 202p rn 400 Commerce Avenue, Morehead City, NC 28557 ti 3g °;:"e ! 4 Fax: 252-247-3330 (Courier 19-12-09) f r•'t• ,�; curtwevchertO.NCDENR.pov SUBJECT: Dredge BFill l99ti�2� ' Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 211. watenaard of the existing bulkhead impacting Coastal Wetlands within the AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychertat the address above by January 11, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Ma,. <7F• _DLV-I n AGENCY' SIGNATURE RECEIVED DATE 1-5-2t0Z1 JAN 051011 WkCTION DCM - MHD CITY State of North Camlma I Environmental Quality l Ceased Mamgement 127Cardinal Drive Ext, Wilmington, NC28405 9197967215 lr d�.uis mr. �:°«"a1tia ROY COOPER Guremo,. MICHAEL S. REGAN 3,•er,vnn• BRAXTON DAVIS ddrrrcgrnuu1 December 17.2020 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.weychert(alN CDENR.aov SUBJECT: Dredge & Fill Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 2ft. waterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. 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 January 11, 2021! If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _X_This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Memo Attached PRINT NAME Wanda Hilliard AGENCYJCY State Property Office SIGNATURE v`i(iyl 'V" "' DATE January 6.2021 Slate orNonh Carolina Environmental Quality; Coastal Managcmcm 127 Cardinal Drive Ext., Wilmington. NC 28405 9197967215 v Roy Cooper, Governor North Carolina Department of Administration State Property Office January 6, 2021 Machelle Sanders Secretary Tim Walton Director TO: Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 I FROM: Wanda Hilliard ) W aJ tt Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Susan Darby and David Stertzer RE: 8712 Bald Eagle Lane, adjacent to the AIW W in Wilmington, New Hanover County Please confirm that the facilities are not located within the 1000'USACE AI W W easement area.. If not, then the State Property Office has no comment on the proposed project. Thank you. J State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mall Service Ctr. I Raleigh, NC 27699 919 807 4650 TI Web:http://www.ncipo.com a +> ROY COOPER MICHAEL S. REGAN �• Srnrarcrr BRAXTON DAVIS . ,:Innulyimnl December 17, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28657 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(MN CDEN R.cov SUBJECT: Dredge & Fill Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 2ft. waterward of the existing bulkhead impacting Coastal Wetlands within the A1WW. 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 January 11, 2021. if you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: Y This agency has no objection to the project as proposed. "Additional comments maybe 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 AGENCY SIGNATURE � 14 f rJ DATE I• it-2-1 State of North CmnGna i Environmental Quality i Coastal Management 127 CaMiasl Drive Ext., Wilmington, NC 29405 919 7967215 RECEIVED JAN 1' 12021 MP SECTION ®CM • MWD CITY ,.� t ROY COOPER }Q�.�w Governor I V MICHAEL S. REGAN l�; 5'ecrelary ow,..0' BRAXTON DAVIS NORTH CAROUNA Director. Omisinn oJCnanal 2i+n';rmmlen(ai 011,7111) Management December 17, 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)NCDENR.00v SUBJECT: Dredge & Fill Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 2ft. waterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. 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 January 11, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE / )am -&&LAW, llatal � DATE 01/11/2021 RECEIVED 'e JAN 11 22021p1 State ofNonh Carolina I Environmental Quality I Coastal Management MP -SECTION 127 Cardinal Drive E<1., Wilmington, NC 28405 9197967215 DCM-MHD CITY Weychert, Curtis R From: Sams, Dan Sent: Friday, January 15, 2021 3:35 PM To: Weychert, Curtis R Cc: Pietila, Tanya K Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Projects that I haven't responded to: Towana LLC: No comment Dan Wall: No comment P.L. and Frances White: No comment National Gypsum Company: Erosion & Sediment Control application and approval are required for the dredge site if not currently permitted and review under the Stormwater Program requirements. Bill Clark Homes: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Ery Kehaya & Jam Properties, Inc.: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Cameron Ward: No comment Philip Barker: No comment Dale Ardizzone: No comment Darby and Stertzer: No comment Town of Oak Island: Land disturbing activity landward of the first line of stable vegetation and exceeding one acre will require Erosion and Sediment Control application and approval and review under the Stormwater Program requirements. Christie and Roy Hawkins: No comment Ellis Tinsley: No comment Sunset House F81, LLC: No comment Ruegg family: No comment Rowlett & Norton: No comment Sorry that I keep getting behind. dan.sams From: Pietila, Tanya K Sent: Friday, January 15, 2021 3:05 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.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.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; CBouffard@nhcgov.com Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Elks, Katharine B <katharine.elks@ncdenr.gov>; Cannon, Amanda J <Amanda.Ca nnon @ ncdenr.gov> Subject: CAMA Major Application: Kathy Rowlett & Mandy Norton Hello All! Received: 1/15/2021 NORTH CAROLINA 8'mdrnnmental Onalitp December 17, 2020 MEMORANDUM: ER 21-0124 Due: 1/22/2021 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.wevchertl2NCDENR.aov SUBJECT: Dredge & Fill ROY COOPER Gm,ernor MICHAEL S. REGAN Hecrcmry BRAXTON DAVIS Dircotor, Division ofCoaatal Management NC - SBA 1 /21 /2021 Applicant: Susan Darby & David Stertzer Project Location: 8712 Bald Eagle Ln., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a new vinyl bulkhead 2ft. waterward of the existing bulkhead impacting Coastal Wetlands within the AIWW. 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 January 11, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** %� This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 1 /25/2021 State ofNorh Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ezt, Wilmington, NC 28405 9197967215 RECEIVED JAN 2 51011 MP SECTION DCM - MHD CITY IliIDIJJ0)LEV To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Susan Darby and David Stertzer, New Hanover County Date: March 8, 2021 Consistency Determination: This project is consistent with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to construct a new vinyl bulkhead 2 ft. waterward of the existing bulkhead impacting coastal wetlands within the AIWW. The project is located at 8712 Bald Eagle Lane, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, EW, and 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 AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the New Hanover County Comprehensive Land Use Plan. Cc: File k.b Doc6Sign Envelope ID: OABA486E-BDDC-429A-A2CF-BC126D959D9" ROY COOPER Govemor MICHAEL S. REGAN secretary S. DANIEL SMITH Director David Stertzer and Susan Barby 7413 Nautica Yacht Club Drive Wilmington, NC28411 NORTH CAROLINA Environmental Quality February 15, 2021 RECEIVED FEB 112021 MP SECTION DCM - MHD CITY DWR q 2020-1986 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 8712 Bald Eagle Lane —Wilmington, NC 28411 Dear Mr. Stertzer and Ms. Barby: You have our approval for the impacts listed below for the purpose described in your application dated December 1, 2020, received by the Division of Water Resources (Division) December 17, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of the General Permit(s) 198000291 or 197800056 once issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. 115A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream N/A N/A 404/401 Wetlands N/A N/A Coastal Wetlands 0.004 acres N/A Open Waters N/A N/A 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 this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the D_EQ� North Carolina Department of Environmental Quality IDivision ofWater Resources Wilmington Regional Office 1127 Cardinal Drive Ex slon I Wilmington, North Carolina 28405 910.796.7215 DocQ&gn Envelope ID: OABA4B6E-BDDC-429A-A2CF-BC126D959D9A 8712 Bald Eagle Lane— Wilmington, NC 28411 DWR# 20201986 401 Certification Page 2 of 3 appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. 115A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .02001 including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (I) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. Please note that the area surrounding the project sites are located within Topsail and Middle Sound Outstanding Resource Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs) and shellfish producing habitat. No impacts to SAVs or shellfish producing habitat are authorized by this certification outside the approved impacts specified herein. [15A NCAC 02B .0225(c)(2) ORW Water Quality Standards, and 15A NCAC 07H .0208 (a)(6)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. RECEIVE® FER 1 7: rA?, MP SEC'no..,I 1XM - M. -l0 ;ff y DocBSign Envelope ID: 0ABA486E-BDDC-429A-A2CF-BC126D959D9A 8712 Bald Eagle Lane —Wilmington, NC 28411 DWR# 20201986 401 Certification Page 3'of 3 3. All backfill material shall be obtained from a high ground source and confined landward of the permitted sill. [15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3)] Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: 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 Act and 15A NCAC 02H .0500. Please contact Tyler Benson at 910-796-7336 or Tvler.Benson@ncdenr.eov if you have any questions or concerns. Sincerely, CDocu9i9�ed by: Ec 0"".9 Morelia Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WIRO Enclosures: GC4175 RECEIVED cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Andy Dortch and Greg Finch, Consultant, EC FEB 17 2021 DWR 401 & Buffer Permitting Branch file-LF MP SECTION wino DCM - MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02240 County: New Hanover County U.S.G.S. Quad: Hampstead GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: David Stertzer RECEIVED Address: 7413 Nautica Yacht Club Drive Wilmineton, NC 28411 Telephone Number: APR 2 2 2011 Size (acres) Nearest Town Wilmineton MP SECTION D(M . MHD CITY Nearest Waterway AIWW River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.2977 Longitude:-77.7432 Location description: The site is located in coastal wetlands adjacent to the AIW W at 8712 Bald Eagle Lane in Wilmineton, New Hanover County, NC. Description of project area and activity: The applicant proposes to construct a new steel sheet pile bulkhead 2' waterward of the existine deterioratine bulkhead. impactine 180 square feet of Coastal Wetlands adiacent to the AIWW. The new bulkhead will be approximately 90' in length with a 1' wide can and will tie into adjacent bulkheads. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 3 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.pd SEE ATTACHED NWP GENERAL and REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and drawings dated November 18, 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 Greaorv.E.Currev(&,usace.army.mil. CURREY.GREGO Digitally signed by CURREY.GREGORY.EUGENE. RY. E U G E N E.1051 1051011950 Date: 2021.04M 15A637 Corps Regulatory Official: 011950 a 001 Date: Aoril 22, 2021 Expiration Date of Verification: December31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction 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 RECEIVED South Atlantic Division Attn: Philip Shannin, Appeal Review Officer APR 2 2 2011 MP SECTION DCM - MND CITY 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. pp V I� r�V CURRE 1 •G fIEGOfI 1 •EDigitally signed by ' CURREY.GREGORY.EUGENE.105101 U G E N E.105101195 0 1950 Corps Regulatory Official: Date: 2021.04.22 15:47:30-04'00' 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://corpsmat)u.usace.army.mil/cm apex/f?p=136:4:0. Copy furnished: Andy Dortch (Land Management Group) Katharine Elks (NC DCM) Curt Weychert (NC DCM) Holley Snider (NC DWR) RECEIVED APR 2 2 2011 MP SECTION DCM - MHD CITY Action ID Number: SAW-2020-02240 County: New Hanover County Permittee: David Stertzer Project Name: 8712 Bald Eagle Lane/Susan Darby and David Stertzer Date Verification Issued: April 22, 2021 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED APR 2 21011 MP SECTION DCM - MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Yl I N N Fee: $ 400 # CDAITS MHC cc _ Applicant: 5 �A.Sa,HL t* 4.UVkA q4W — - I` / AgenUContractor LAVA T Gl Project Site County wir & Staff: ` k V�ke,+i-4v- District: Wilmington Project Name: Rover File: n/a River Basin: Initial date of application submittal: I Date application "received as complete" in the Field office: Permit Authorization: ❑ CAMA IDredge & Fill []Both SITE DESCRIPTIONIPERMIT INFORMATION DRW: es ❑No PNA: ❑Yes Cko I Photos Taken: Yesq No❑ Setback Required (riparian): ❑Yes No Critical Habitat: ❑Yes No ❑Not Sure , 15 foot waiver obtained: ❑Yes MNo Hazard Notification Returned: ❑Yes [�`No SAV: Yes o ❑Not Sure Shell Bottom: ❑Yes o ❑ Not i Temporary Impacts: ❑Yes EWIo Sure i Sandbags: Yes LZjfNo ❑ Not Sure Did the land use claipifcation from LUP: ®Yes come ❑No Mitigation Pequired (optionao: county ❑Yes Me Moratorium Conditions: I Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No fpA ❑Yes PqNo ❑NA 'TO FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pen -or- Closed ? 1 dv _t Z SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) LJ Future Water Supply (FWS) I ❑ Nutrient Sensitive Waters (NSW) I I-1 Swamo Waters (SW) Resource WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) {SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemifiora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ Cm Cattail (Typha sp.) spicata) sp,) . ❑ (JR) Black needlerush (Juncus ❑ (SP) Saltimeadow grass (Spartina memenanus) I 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 I can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modfication 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 - S400 Major development extension request - 1 ❑ II Public or commercial/no dredge S100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Pnv. public or, Comm w /D8&F to 1 ere; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: 4JW j+ J l N 1 U&"' Date: Xa'i I U 1_ -j.O 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 I New Work pqReplace i Mart ❑ JKY ❑ N D New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 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 tamp impacts) impact amount teMD impacts) amount LM Dredge ❑ Fill Both ❑ Other ❑ Iigu fA-L Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ I 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,nccoastalmanagem_ent.,net revised: 0226, 18 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 12/10/2020 Davey Resource David Stertzer & United 2143 $400.00 major fee, 8712 Bald Eagle Ln, KE rct. Group, Inc. Susan Darby Bank Wilmington NhCo SPLIT 60/40 12425 Major Permit Fee Schedule S }eY�2w 4- DA Project Nam County: N WC— Check No & Amount a 14 3 ffi; 0o. 00 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 i acre of wetlands and/or open water areas, determine it A,8, C, or D below applies: III(A). Private. non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can he applied: III(8)_ Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C) - If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 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: DCM Coordinator: Curt Weychert County: Permit #: /�W, I.RO E-MAIL DISTRIBUTION SHEET (, Circle one: Bio Repo /Permit for: " VI wwl �)ay� p (6 4, %AV 14 5- Zvi !.(rt� Oversize Plan nt: DCM Offices: Morehead City: PT (if oversize) via Courier *cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet *MHC documents (Curt & Amanda) L Wilmington: Original hard -copy ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: der & Carteret Cc): PN, CL, Reports, Split Sheet _ use both ingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ ingt7onNCREG@usace.army.mil PN, CL, Reports, Split Sheet_ Div of Water Resources: obb Marrs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ mder401 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: Aheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: DCMPlannerfWIRO: ViikeChristenbury_ Cultural Resources: Xtenee Gledhill -Earley EnvironmentaLReviewOncdenrgov Natural Heritage Prog. ✓Rodney Butler_ DCA-Rural Eco. Dev: 'titlark Ziegler_ NC DOT: Harris Wildlife Resources: a�vid Maria Dunn w/Reports _ State Property Office: Walton: DEED _ Ik Moser _ nda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: y Humphrey (Bio) / Wn Gupton, Admin. DEMLR: CV9tine Hall - Stormwater Section _ Plan Sams - Land Quality Section _ Public Water Supply: ,/Heidi Cox City of Wilmington: Enforcement: , j ,_ 1/ V I ✓ &0VLP' 1�wS Fiel Rep: 1Y Co. LPO Agent: DISTRIBUTED: ' I w Updated 10/01r20 CAMA/Shaun majors docs/e'Agency List 8712 Bald Eagle Lane Tax Boundary 30' CAMA Buffer Existing Bulkhead, Coastal Wetland, and NHW Line Proposed Bulkhead ------ 1, Existing Bulkhead, Coastal (2' walerward from existing bulkhead) 2. Wetland and NHW Line Taxparcels Appx. Normal Low Water 3. Riparian Corridor _ _ _ _ _ _ and Outer Edge of Marsh 4. 5. 5' Setback Existing Pierhead Line 0' CAMA Buffer ------- - Walerbody Width (-800') - - - - - e' 1' Existing Adjacent Docking Facility Appx. NLW and Outer Edge of Marsh 44, Riparian Corridor and 15' Riparian Setback Existing Pierhead Line / Edge of Deep Water Existing Covered Gazebo with Floating Dock and Boatlifts (to be replaced in original footprint under GP 77502) Proposed Bulkhead (ties to adjacent bulkhead) Water Body Width (-800') NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY. NORMAL HIGH WATER AND COASTAL WETLAND LINES DETERMINED FROM AERIAL IMA LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 90 FEET. ENTIRE PROPERTY IS WITHIN 575'AEC.2018 PARCELS FROM NCONEMAP.4LMG } WATERBODY WIDTH IS -200' (not visible). . aw"4 SadS VllWft49e Ave SOW 15 0 �'km NoM Carolina 23e63 91 W 52-0001 8712 Bald Eagle Lane Plan View DEC 0 7 2D20 Re n Data 1/1e12020�AjA,\ TON, Job Wm 1'=20' LMG20.372 Sheat Number: WAD 2013 30' CAMA Buffer Existing Bulkhead, Coastal Wetland and NHW Line Tax Parcel Boundary Proposed Bulkhead (2' m M I ' existing) Vj@_ Existing Pierhead Line / Edge of Deep Water L Ipx. NLW and Outer Edg of. Marsh 0 5 10 20 II Existing covered Appx. NLW and (to be AlOuter Edge of Marsh GP -NHVV- NLW - —=8 :�-------- --- ------___ �_-__ .--------�-------------_ _ - - -- �--Appx: -E-xis#ing-Gr-ade�--------- 0+I00 0+�1-0 ____ _--___---- -- � 0 120. .----------------__0+30___----- Proposed Bulkhead (2' waterward from existing) Existing Bulkhead, Coastal Wetland and NHW Line 1. NORMAL HIGH WATER; COASTAL WETLAND, AND OUTER EDGE OF MARSH LINES DERIVED FROM AERIAL IMAGERY. 2. LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 90 FEET. 3. ENTIRE PROPERTY IS WITHIN 575' AEC. 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. ° zebo, access ramp and floating dock placed in original footprint under 502) RECEIVED DEC 0 7 ZON DCM WILMINGTON, NC 0 2.5 5 10 Vertical Scale 0 2.5 5 10 ' i Horizontal Scale Project ware: mevislon ware: �'111/18/2020 N/A t]LM' T 712 Bald Eagle Lane1 V I She; Job umber. LAND MANAGEMENT CROUP As Noted LMG20.372 a DALM rii. company Title: 3805 Wrightsville Ave Suite 15 i Profile View A Drawn By: Sheet Number Wilmington, North Carolina28403 Dock Detail WAD 3 of 3' 910-452-0001 1