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26-21 Diggs, Scott & Lisa
Permit Class NEW STATE OF NORTH CAROLMA 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 Permit Number 26-21 Issued to Scott & Lisa Diggs, PO Box 1275, Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at ate. to Bradley Creek. at 401 Bradley Creek Point Road, in Wilmington , as requested in the permittee's application dated 920/20 (MP-1), 9/22/20 (MP-2), and 9/29/20 (MP-4), including attached workplan drawings (6), Sheets 3-5 of 7 dated 9/11/20, Sheets 5a & 6 of dated 9/29/20, and Sheet 7 of 7 dated 6/19/20. This permit, issued on March 4, 2021 , . is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation a these terms may be subject to tines, imprisonment or civil action; or may cause the permit.to be nun ano voia. Docking Facility Expansion 1) This permit authorizes only the docks, piers, platforms, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the pennittee 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. of Permittee Scott & Lisa Diggs ADDITIONAL CONDITIONS Permit No. 26-21 Page 2 of 4 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge atthe docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) This permit authorizes a maximum of four (4) formalized boat slips. 7) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the covered platform shall not be designed for second story use. 10) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. Excavation 11) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 12) No excavation shall take place outside of the area indicated on the workplan drawings. 13) No excavation shall take place within 10 feet of any Coastal Wetlands or shellfish resources. 14) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 15) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 16) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Scott & Lisa Diggs ADDITIONAL CONDITIONS Spoil Disposal 17) No spoil material shall be placed within 30 feet of the normal high water line. Permit No. 26-21 Page 3 of 4 18) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 19) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing. 20) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 21) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 22) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 23) 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. 24) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 25) All debris associated with the removal of the existing docking facility and construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. 26) The permittee and/or his or her -contractor shall meet with a representative of the Division prior to project initiation. Scott & Lisa Diggs Permit No. 26-21 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1772. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $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. DCM Coordinator: V Vl Permit # a e -al Permit Agents MAILING DISTRIBUTION SHEET UAY DCM Field Offices ' Elizabeth City Was gton (with revised work plan drawings) Morehead City a (OBJEyCTIONS ) C\s US ACOE Offices: ' Washington: Raleigh Bland (Beaufort, Camden, owan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: V454�eg Curry (Brunswick, New Hanovem Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environtnental.Review@ncder.goo Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan 4 Chris Pullinger — 401 Tina Martin - 401 Clif Whitfield (WARD) Jimmy Harriso Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Vkobb Mairs — 401 (Brunswick, New Hand" Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) ,d Natural Heritage Program Rodney Butler LPO: `� . I_h Y1 _ (NCDOT) Travis Wilson ROY COOPER MICHAEL S. REGAN S" IAOII NORTH CAROLINA BRAXTON DAVIS I r., rur'. lrnwum nJllu4w' Ln'u'rrnm, of Ou:dor .l Lrn.r,c: nran November, 6 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) curt.wevchertCcDNCDENR.aov SUBJECT: CAMA/D&F Applicant: Scott & Lisa Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December Z 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE Carolina I linNmnmmnal Quality I Coeval Maoagemtot 127 Cardinal Mm EV , Wilmington, NC 29405 919 796 7215 1. 2. 0 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Scott and Lisa Diggs, c/o Debbie Wilson LOCATION OF PROJECT SITE: 401 Bradley Creek Point Rd, in Wilmington, New Hanover County. Latitude: 340 12'33.06" N, Longitude: 770 49' 1 B.36" W INVESTIGATION TYPE: CAMA, D & F 4, INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/21/2020 Was Applicant Present — Yes, Agent 5. PROCESSING PROCEDURE: Application Received—10/15/2020 (initial)10/30120 (complete) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington Land Classification From LUP — Residential / Conservation (B) AEC(s) Involved: CW, ES, EW, PT Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — NIA Planned — NA (F) Type of Structures: Existing — Relic pier pilings. Planned — Construction of a 4-slip docking facility, boat basin excavation, and access channel excavation. (G) Estimated Annual Rate of Erosion: N/A Source - NIA HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (shading impact) 1,236 ft2 (B) Non -Vegetated Wetlands (Open water) 14,705 ft2 (Inco 312 ftorated (C) Other— High Ground —40,500 ft2 (D) Total Area Disturbed:58,763 ft2 (E) Primary Nursery Area: No (F) Water Classification: SCISB Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 4-slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. 401 Bradley Creek Point Rd., Scott and Lisa Diggs Page Two 9. PROJECT DESCRIPTION The project site is located at 401 Bradley Creek Point Road, near the mouth of Bradley Creek and Atlantic Intracoastal Waterway (AIWW), Wilmington, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel east approximately 1.8 miles on Eastwood Road and turn right on to Military Cutoff Road. Travel 0.6 miles on Military Cutoff Road, and turn left onto Airlie Road. Follow Airie Road for 0.7 miles and turn right on to Bradley Creek Point Road., keep right for 0.2 miles and the property will be on the right. The project site is approximately 0.88 acres in size with approximately 185 feet of shoreline, which is currently maintained as a single-family residence. The adjacent properties to the north and south are both residential home sites. The highground is vegetated primarily with maintained lawn grass. The elevation of the high ground area of the property averages approximately 5-10 feet above normal high water (NHW). The highground slopes into transitional high marsh consisting of heavy wreck, Spike Grass (Distichfis spicata), Sea Oxeye (Borrichia i1ndescens), and Black Needlerush (Juncus roemedanus); then further into low marsh consisting primarily of Smooth Cordgrass (Spartina aftemipora) with -mud flats and oyster beds. Existing water dependent structures include pilings and some support structure from a pier authorized by General Permit 2616, issued on February 22,1988 obtained by the previous owners, Mr. and Mrs. Alston Stafford. Based on aerial imagery from Google Earth the area around the old docking facility appears to be naturally deeper in the areas surrounded by oyster reef and becomes shoaled toward the AIWW. Previous permits obtained by the Stafford's include State Permit No. # 49-77 issued on April 4, 1977 for pier construction and excavation of a basin and access channel. Development authorized by this permit included a +i- 400' pier, docking facility, and excavation of the 50' by 90' boat basin and 30' by +008'access channel to a depth of -6' MLW. The access channel was proposed to run southwest from the docking facility to the Bradley Creek maintained channel (see Exhibits 1-3 of 13). Based on historical aerials it appears that this work was never performed. Based on permit history and historical aerials the first docking facility appears to have been constructed sometime before 1989. General Permit No. 2616 was issued to the Stafford's on February 22, 1968 for a pier approximately 350' in length. State Permit No. 2-15 was issued to Eugene Haley at the adjacent property, 317 Bradley Creek Point Road and was later transferred to Rand Nickerson, for an existing docking facility. A boat basin and access channel (20' x 330' x -4 MLW) excavation were authorized through a major modification to this permit, which was issued on December 13, 2016 with a December 31, 2019 expiration. The applicant proposes to include this access channel in the permit applied for herein. The current 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 R-20, Residential. The project area is at the confluence of Bradley Creek and the AIWW. A small patch of mapped SAV is located on the souther side of the mouth of Bradley Creek, approximately 850' from the project area. The waters of Bradley Creek are classified SC and waters of the Wrightsville Recreation Area/ AIWW are classified SB by the Division of Water Resources and are designated as Secondary Nursery Area but are NOT designatedas a Primary,Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a 4-slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. A fixed 262' long by 6`wide pier is proposed to extend from 401 Bradley Creek Point Rd., Scott and Lisa Diggs Page Three the highground to a platform measuring 30' long by 26 wide. A 22' long by 20' wide portion of the platform is proposed to be covered leaving a 4' wide uncovered walkway around the platform perimeter. Extending south from the platform a proposed 20' long by 6' wide fixed pier would lead to an access ramp for the floating dock; The proposed 6' by 40' floating dock would be oriented parallel to the shoreline. Two 20' long x 4' wide finger piers would extend south of the floating dock perpendicular to the shoreline creating three slips. Three boat lifts, two of which would be 14' by 14' and one 14' by 16' are proposed. The fourth slip would be located on the landward side of the floating dock. The applicant is also proposing what appears to be new excavation of a boat basin ranging from 35' to 72' wide that would connect to a +/-155' new access channel with a width ranging from 11, to 35' wide and excavated to a max depth of -4 MLW, see Sheet 5 for proposed excavation area. The proposed new access channel would connect to the neighbor's existing 20' x 330' channel previously dredged under Major Permit # 2-15. This application proposes to include the existing channel in order to perform maintenance excavation and hence forth would be the responsibility of this applicant. The existing access channel was excavated to -4 MLW and with the exception of small areas of shoaling remains -4 MLW, see Sheet 4 for current water depths. Due to the oyster beds and Coastal Wetlands in the project area the applicant would stay a minimum of 10' away from these resources during excavation. According to the application, material would be removed using a bucket to barge method and would be disposed of on a property owned by Shore Acres Com. located behind DA 0248 or DA 0249. Prior to work commencing the. applicant would submit a consent to cross authorization from USACE and a letter of authorization from the disposal site property owner. Current water depths in the area of the proposed docking facility range from 0 to 18". Water depths in the area of the new access channel range from 6" to 24" (see Sheet 4 of 7). The width of the water body in the project area is approximately 850'. The proposed docking facility is positioned landward of the most waterward grass line in a protected cove so the docking facility would meet the''% width as proposed. 10. ANTICIPATED IMPACTS The proposed new docking facility would result in the incorporation of approximately 2,312 ft2 of Public Trust Area and would shade approximately 1,236 ft2 of Coastal Wetlands. The excavation of the NEW boat basin and NEW access channel would impact approximately 5,225 ft2 and 2,880 ft2 of Shallow Bottom respectively for a total of 8,105 ft2. The excavation of the previously maintained access channel could impact approximately 6,600 ft2 of Shallow Bottom. Excavation of a small amount of shoaling in the previously maintained channel is anticipated since depths adequate for navigation have been maintained throughout most of the channel. An estimated total 1,500 cubic yards of material will be disposed of impacting approximately 40,500 ft2 of highground, outside of the 75' AEC. Increases in turbidity can be expected during the construction process. Submitted by: Katharine Elks Date: November 2, 2020 Office: Wilmington Narrative As acting agent for Scott and Lisa Diggs, I am submitting a CAMA Major Permit Application for property which they have under contract located at 401 Bradley Creek Point Rd, Wilmington, in New Hanover County. The existing extremely dilapidated pier will be completely removed and a new pier will be installed in the same location. Proposed structures are: a new 6' x 262' elevated fixed pier, a 6' x 20' elevated fixed finger pier, 28' x 30' partially covered elevated fixed platform, a 6' x 40' floating dock, two 4' x 20' floating finger piers, two 14' x 14' boatlifts and one 14' x 16' boatlift. The proposed boating facility will provide dockage for 4 boats. Mr. Diggs is also proposing to dredge a previously dredged float basin area varying in size from 35' - 70' x 80', with an access channel varying from 11' — 35' x 110' as well as the main access channel measuring 20' x 330' which connects to Bradley Creek. All dredging will be to a final depth of -4' @NLW. The previous owners (Mr. & Mrs. Alston Stafford, now deceased) obtained Excavation Permit 949-77 on 4/4/77 (a copy is included as Exhibits 1-3 of 13) for the dredging of a boat basin and access channel in the same location currently being proposed. According to aerial photography (included as Exhibits 10-13 of 13) it appears that the subject area has had maintenance dredging over the years. The subject site is also located between 2 other properties which have recently received CAMA Major Permits for dredging in this a Area, one of which was CAMA Major Permit #2-15 (a copy of this permit is included in this submittals Exhibits 4-9 of 13) which was issued to Rand Nickerson on 12/13/16 for the 20' x 330' access channel which extends from Mr. Nickerson's boat basin area to Bradley Creek. Unfortunately, Permit #2-15 expired on 12/31/19 due to an oversight by Mr. Nickerson it was not renewed. Therefore, Mr: Diggs would like to include this access channel under his permit which he has discussed with Mr. Nickerson and he has agreed to since they will both share in the cost of future maintenance events. A virtual scoping meeting was held on with multiple agencies including DCM, D WR, DMF, NCWRC, and the CORPS on Sept. 16, 2020 for this proposal. It should also be noted that the riparian corridor line depicted on the proposed site plans has been drawn based on the adjacent riparian corridor line as shown on the afore mentioned CAMA Major Permit #2-15 (see Exhibit 9 of 13). It should also be noted that the disposal site will be either behind AIW W DA 0248 or AIW W DA 0249, both sites are owned by Shore Acres Com. The actual site will be determined once a dredging contractor has been determined and at that time, a consent to cross agreement will be acquired from the CORPS and a letter of authorization from the property owner and both will be submitted to DCM for approval prior to the commencement of any work. • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period oftime. RECEIVED OCT 16 2020 DCM WILMINGTON, NC r' ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Ms. Debbie Wilson PO Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality December 21, 2020 This correspondence acknowledges your December 18, 2020 email in which you indicated that your client, Scott and Lisa Diggs, wishes to place his CAMA Major Permit application in abeyance until the project has been clarified as to whether the project falls within the City of Wilmington's jurisdiction. Based on this request, processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808 ext. 211, or by e-mail at Curt.Weychert@ncdenr.gov. Sincerely, "aw Curt Weychert Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 2SZ8082808 r Weychert, Curtis R From: debbiew75@charter.net Sent: Friday, December 18, 2020 2:32 PM To: Weychert, Curtis R Subject: [External] 401 Bradley Creek Point CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to �Reoort Spam: Hey Curt, I would like to formally request a hold be placed on the Scott Diggs Project at 401 Bradley Creek Road, New Hanover County in Wilmington. I just spoke with Kathryn Thurston with the City and there is a question as to whether this project is really in the City's jurisdiction or not. Kathryn has the City's attorney looking into it and it will probably be next week (hopefully) before she will have the answer. I will let you know as soon as I get the word. Thank you, stay safe and have a great weekend! Debbie DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Scott and Lisa Diggs COUNTY: New Hanover PROJECT NAME: 401 Bradley Creek Point Road LOCATION OF PROJECT: 401 Bradley Creek Point Rd, adjacent to Bradley Creek, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:10-30-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Elks DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 11-11-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 1-13-21 MAIL OUT DATE: 11-9-20 nUDXXFT T7YKTAT ArTTON• TSSUP, DENY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE RECD: S400 (60140)01361 END OF NOTICE DATE:12-2-20 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 12-2-20 AGENCY DATE COMMENTS OBJECTIONS: YES NO NOTES DCM - Field Rep IIRETU�RNnED 41' Z� OV DCM-LUP Consistency Determination N Local Permit Officer gVU0.pJ �Z �� �� 1 {(-� ZQ p y �t+1 �� Corps of Engineers - Regulatory Branch DWR-401 Section DWR-Public Water Supply DEMLR- Stormwater DEMLR- Sed and Erosion DOA -State Property Office Wildlife Resources Commission Q✓ G(J DMF- Shellfish Section it -fit DMF - Habitat & Enhancement %, - 2 " D + H DNCR-Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce Fsg Shoreline length =185' x 8' =1,480 ft2 (maximum allowable) Pier = 6' x 262' =1,572 ft2 (credit) 6' x 20' =102 ft2 (credit) IF Jj t Fixed platform = 30' x 28' (4' x 28' excluded as credit) = 728 ft2 Floating dock = 6' x 40' = 240 ft2 �0 l (2) 4' x 20' =160 ft2 TOTAL =1,128 ft2 This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas, It is the staffs recommendation that the proposed new and maintenance excavation is CONSISTENT with the Rules of 15 A NCAC 07H.0208 (b) (1) which states, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this subchapter.". It also states "Any canal or boat basin shall be excavated no deeper than the depth of connecting waters. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for docking facilities and excavation. ROY COOPER Gmnmr MICHAEL S. REGAN Seemlatf BRAXTON DAVIS 'NORTHCAROLINA nirtrl r' nlvi'lan af('mtal Einviroomen(a1_Qualin,. 69nnagemcin November, 6 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.gov' SUBJECT: CAMA/D&F Applicant: Scott & Lisa Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access,channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above'by December 2,'2020: If you have any questions regardingthe 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. Pio --- - Mark Brown AGENCY' Public Water Supply RECEIVED stGNATURE �"k r�`° "" NOv 11. 2020 m NIP SECTION DATE 11-12-20 DCM - MHD CITY _ Cerotine. Environmental Quality CoauelMeaagament 127 Canlinal Drive Eat, Wi1®npo, NC28405 9197967215 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS lunnnn, r,n necr ,nr .r,t,A November, 6 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) cu rt.wevchertCd)NCDENR. oov SUBJECT: CAMA ID & F Applicant: Scott & Lisa Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by December 2, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (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 �_Ia�9 ¢mu_ 6i�_ for Shannon Jenkins DATE 11/16/2020 Carolina Environmental Quality I Coastal Managnmrnl 127 Cardinal Drive Ext., Wilntington, NC 28405 919 796 7215 To: Curt Weychurt From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Scott and Lisa Diggs, Wilmington, New Hanover County Date: December 1, 2020 DETERMINATION: This`p oject is consistent with the 2006 Wilmington -New -Hanover County Joint Land Use Plan Update. The applicant proposes to construct a 4-slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel which would connect to an established access channel. The project is located at 401 Bradley Creek Point Rd. in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, ES, EW and PT. Waters at the project site are classified as SC/SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential/Conservation. In general, Wilmington -New Hanover County LUP allows development in Residential/Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File % q --�,Ao ROY COOPER Gawmar 0 MICHAEL S. REGAN Sammry BRAXTON DAVIS NORTH CAROLINA Ihrermr l7irtrim n(rrearaj [:arrrannranral owlin. Alanag+mrm November, 6 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (CouNer 11-12-09) cu rt.wevchertONCDEN R.goy SUBJECT: CAMA /D & F Applicant: Scott & Liss Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed.docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please indicate below your agency's position or viewpoint on the ro osed j!roJect and return this form to Cur{ Wevchert at the address above by a f> I 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. V This agency objects to the project for reasons described in the attached comments. AQ%CY SIGNATURE 0 DATE=9eteaf•NwmCM01= I Hnvimnmmw Qua* I CO&SW Me Bffl rnr 127 CardindDiwEct, WOminbnoa, NC 29405 9197967215 .t ?Cie UDC SR,C.• \R-Nla Coved 3neka uy�y of D'�W,A 0JJA o av)vo,��j acf�1 �e5� -aInnc� s� k) -b 0z w•R.X,. Weychert, Curtis R From: Sams, Dan Sent: Tuesday, December 1, 2020 12:58 PM To: Weychert, Curtis R Cc: Pietila, Tanya K Subject: RE: CAMA Major Application: 526 South Lumina, LLC 526 South Lumina, LLC: No comment Double L Holdings, LLC: No comment Aviron HOA: No comment Scott and Lisa Diggs: If high ground activity exceeds one acre, erosion & sediment control and stormwater applications and approvals are manitory. Anthony Dombroski III: No comment Robert Barnhill: No comment Oyster Harbour Homeowners Association, Inc.: No comment Tara Nucci: No comment Kurt & Anna Taylor: No comment James Brady: No comment Kerry Svoboda: No comment Lisa and Ned Danieley: No comment Rodney Clark: No comment Peter and Carole Kozloski: No comment Michael Oktavec: No comment dan.sams From: Weychert, Curtis R Sent: Tuesday, December 1, 2020 11:40 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: CAMA Major Application: 526 South Lumina, LLC Hey Dan, I was checking my file and I didn't see any comments from your agency on this project. I looked through my emails and didn't see anything, but I may have overlooked something accidently. I just wanted to make sure that I didn't make any permit decisions without getting the DEMLR comments. Thanks, Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert(cDncdenr.pov 400 Commerce Ave Morehead City, NC 28557 ROY COOPER Y .)HM MiCHAEL S. REGAN BRAXTON DAVIS N aUlTM C--kK LVI!^ IllhJM1 I11171,11110(,"dw): —u4 :'�i1�1 t6.' ,. .ar .4Lm✓GBnaID November, 6 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management ' 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252447-3330 (Courier 11.12.09) curt,wevchert(&NCDEN R.eov SUBJECT: CAMA /D & F Applicant: Scott & Lisa Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct anew four (4) slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Waycherf at the address above by December $ 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with,supporting data is requested. REPLY:_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. _ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY NC �.� f. RECEIVED 0 NOV 1, 7, 2020 SIGNATUREj� �` ✓ �= � Q. ! G, i v r MP SECTION a DATE —"°- w CmNine I Faamnmentel Qu%Itty I Coasul ManaWornl DCM - MHD CITY nL 12?cwd'MD&m Sxt,Wilmi00tm4NC29405 9197961215 -' ROY COOPER MICHAEL S. REGAN seemmy -- BRAXTON DAVIS NORTH CAROLINA 1Xm 0r DWdW gfG0WW1 F.,nvranntlnlnl Qnnl7Q' November, 6 2020 FROM: Curt Waychert, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 262-247-3330 (Courier 11-12-09) cu rtweychertONCDEN Raov SUBJECT: CAMA/D & F Applicant: Scott d Lise Diggs Project Location: 4of Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed docking facriity and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please Indicate below your agency's position, or viewpoint on the proposed project and return this form to Curt WBvehett at the address above by December 2, 2020. U you have any questions regarding the proposed project, contact Kathanne Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: L 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 LIv1.)w E ?Q,ni&V% L1 p J RECEIVED AGENCY AJEuJ 61ADdeC fdunT�( C D NOV ,19 1020 SIGNATURE AIMJ,. C /�. MP SECTION 1 / DCM - MHD CITY DATE ,(S[i�_.�'ij 6 m�mlQaamy,cmml 1 iC;;wlMiroFt,WilmigtM NC29405 9197957215 i ROY COOPER .�_. Cmvemar MICHAEL S. REGAN $ea'Mlaty BRAXTON DAVIS NORTH CAROLINA Director, Diw.einn ofCnnanl Envi, wi nenlal Quadilr Monagemen, November, 6 2020 MEMORANDUM: FROM: Curt Weychert, Assistant MajorPermits 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.eov SUBJECT: CA MA /D & F Applicant: Scott & Lisa Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please indicate below your agency's position or viewpoint on the proposed project and return, this form to Curt Wevchert at the address above by December 2, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (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. PR(NrwnMF Kimberlee Harding AGENCY NCDMF SIGNATURE A'416t6"A Yr� DATE 12/2/2020 Cmolina I Environmental Quality I Coastal Management 127 Cardinal Dun Ext, Wilmington, NC 29405 9197967215 RECEIVED DEC 62 2020 Y MP SECTION DCM - MND CITY I ROY COOPER Governor M►CHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Curt Weychert, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: Scott and Lisa Diggs, dredge channel and docking facility DATE: December 2, 2020 A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The project site is located along the waterway at 401 Bradley Creek Point Road, near the mouth of Bradley Creek and Atlantic Intracoastal Waterway (AIWW), Wilmington, in New Hanover County. The applicant proposes to construct a 4-slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. The waters of Bradley Creek are classified SC and waters of the Wrightsville Recreation Area/'AIWW are classified SB by the Division of Water Resources and are designated as Secondary Nursery Area (SNA), but are NOT designated as a Primary Nursery Area (PNA) by the NCDMF. They are CLOSED to the harvest of shellfish. The project is located in SNA designated habitat. The SNA designation is based primarily on the life histories of the same suite of species (i.e., finfish, crabs and shrimp) used in the Primary Nursery Area (PNA) designations. As these species grow, they begin to move out of PNAs andtoward the middle portion of the estuarine bays and sounds (secondary), then into the lower portions of the system (originally called temporary nursery or transport areas) and eventually the ocean (NCDMF 1978; Ross and Epperly 1985). Coastal wetlands are considered among the most productive ecosystems in the world. Coastal wetlands are a productive detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion control. The tidal pool that currently serves as the community boat basin is surrounded by oyster beds with water depths from 0 to -1' NLW making docking hazardous for vessels and the resource during low and mid -tides. Moving the docking facility into deeper waters will help reduce any possible impacts caused by vessels using the facility. The applicant has proposed dredging around the boat basin and a new access channel. The application states that the dredge footprint will maintain a minimum of a 10' buffer away from resources. This is extremely important that the excavation is performed as described to protect the sensitive and critical habitats in this area. RECEIVED DEC 0-2 2020 %"Nothing Compares,- MP SECTION State of North Carolina I Division of Marine Fisheries DCM - MHD CITY 3441 Arendell Street I P.O.B=769 I Morehead City,North Carolina 28557 252-726-7021 PI Contact Kimberlee Harding at (910) 796-7475 or Kimberlee.Harding@ncdenr.gov with further questions or concerns. Literature Cited NCDMF (North Carolina Division of Marine Fisheries).1978. North Carolina Division of Marine Fisheries Shrimp Management Policy. North Carolina Department of Natural Resources and Community Development. North Carolina Division of Marine Fisheries. Morehead City, NC, 8 P. Ross, S.W., and S.P. Epperly. 1985. Utilization of estuarine nursery areas by fish in Pamlico Sound and adjacent tributaries, North Carolina. P 207-232, In: A. Yanez-Arancibia (ed.). Fish Community Ecology in Estuaries and Coastal Lagoons: Towards an Ecosystem Integration, Uni . Nac. Anton. Mex., Inst. Cien. Mar. Limn., 654 p. RECEIVED DEC 0 2 21120 Nothing Compares . MP'SECTION State of North Carolina I Division ofMarfne Fisheries DCM - MHD CITY 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 ROY COOPER MICHAEL S. REGAN 0 s, A1,,,, BRAXTON DAVIS Al., m.. n,,,.,„,, ... .... „n,i November, 6 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c urt.wevcher165 NCDEN R. cov SUBJECT: CAMAID&F Applicant: Scott & Lisa Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 2, 2020. If you have any questions regarding 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. I ! �0 _ This agency approves of the project only if the recommended changes Y are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME W OA4 0. AGENCY ~4 a7ir P, I RECEIVED SIGNATURE I`M� r%41 I rac-�'^oU DEC o s Soto DATE / ' 3 v MP SECTION Carolina I Envimem.WQuelilyICo dMaegemeol DCM - MHO CITY 127 Cardinal Drive Ext. Wilmingtm NC 294D5 9197967215 0 YOnYY C.4FULiXA L:20.11,13,o2. November, 6 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) curtwevchertONCDEN R.cov SUBJECT: CAMAID &F ROY COOPER i..r:vPnt MICHAEL S. REGAN Se'vo m BRAXTON DAVIS ILn�R.n•, Oauura,f('rnata! S!ma*cvq, In Applicant: Scott & Lisa Diggs Project Location: 401 Bradley Creek Point Rd., adjacent to Bradley Creek, Wilmington, New Hanover County Proposed Project: Proposal to construct a new four (4) slip docking facility, excavate a new boat basin around the proposed docking facility and excavate a new channel, which would connect to an established access channel. The project also includes maintenance dredging of the established access channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 2, 2020. If you have any questions regarding 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. SeeatiaeMed. hP}es t This agency objects to the project for reasons described in the attached comments. 1 1 , PRINT NAME 1\nGf1ci• 7L� A�� AGENCY II l- SIGNATURE n Aa � •_ 1 1 � 6 ' DATE -, ' Carolina I,Envuonmeutal Quality l CoastalManagment 127Cu&rWDrive Ett.,Wihttingtan,NC78405 9197967215 Weychert, Curtis R From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Friday, January 8, 2021 3:37 PM To: debbiew75@charter.net Cc: Weychert, Curtis R; Pietila, Tanya K; Craig Harris; Painter, Linda Subject: [External] FW: 401 Bradley Creek Point Road CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Hi Debbie, I am so sorry it took so long to get an answer here but I think we've got consensus finally. This pier will be outside the city limits and; therefore, we will not offer any comment on it and it will not need to comply with our conservation resource regulations. Have a nice weekend! Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov *m.w t�dTON naulu,tuAcrc�. Follow us on Facebook or Twitter facebook/citvofwilmin¢ton @citvofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jeff Thomas <Jeff.Thomas@wilmingtonnc.gov> Sent: Friday, January 8, 2021 3:25 PM To: Jeff Walton <Jeff.Walton@wilmingtonnc.gov>; Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov>; Peter Brennan Jr<Peter.Brennan @wilm1ngtonnc.gov> Cc: Shawn R. Evans <Shawn.Evans@wilmingtonnc.gov>; Jim Sahlie <Jim.Sahlie@wilmingtonnc.gov> Subject: RE: 401 Bradley Creek Point Road Are we going to adjust the city limits in GIS, then? From: Jeff Walton <Jeff.Walton@wilmin¢tonnc.eov> Sent: Friday, January 8, 2021 1:00 PM To: Kathryn Thurston <Kathryn.Thurston@wilminetonnc.aov>; Peter Brennan Jr<Peter.Brennan @wilminetonnc.¢ov> Cc: Shawn R. Evans <Shawn.Eva ns@wilminetonnc.gov>; Jeff Thomas <Jeff.Thomas@wilmin¢tonnc.aov> Subject: RE: 401 Bradley Creek Point Road I think that's the right call. Its not in the city limits. JEFF WALTON ASSOCIATE PLANNER, CURRENT AND HISTORIC PRESERVATION CITY OF WILMINGTON, PLANNING, DEVELOPMENT AND TRANSPORTATION 305 CHESTNUT STREET, 3RD FLOOR I PC Box 1810 WILMINGTON, NC 28402 PH: 910.341.3260 4'VGTO�N #MIMIANtx2V5 E-MAIL CORRESPONDENCE TO AND FROM THIS ADDRESS IS SUBJECT TO THE NORTH CAROLINA PUBLIC RECORDS LAW AND MAY BE DISCLOSED TO THIRD PARTIES. From: Kathryn Thurston <Kathryn.Thurston@wilminetonnc.eov> Sent: Friday, January 08, 2021 12:04 PM To: Peter Brennan Jr <Peter. Brennan Owilminetonnc.¢ov>; Jeff Walton <Jeff.Walton@wilminetonnc.aov> Cc: Shawn R. Evans <Shawn.Eva ns@wilmingtonnc.gov>; Jeff Thomas <Jeff.Thomas@wilminetonnc.zov> Subject: RE: 401 Bradley Creek Point Road Hi Pete —thank you for looking into this one. Does anyone have any heartburn with me proceeding as though this is not in the City Limits? From: Peter Brennan Jr<Peter.Brennan @wilminatonnc.aov> Sent: Monday, December 21, 2020 12:47 PM To: Kathryn Thurston <Kathryn.Thurston@wilminetonnc.¢ov>; Jeff Walton <Jeff.Walton@wilmin¢tonnc.eov> Cc: Shawn R. Evans<Shawn.Eva nsC@wiInn ingtonnc.¢ov>; Jeff Thomas <Jeff.Thomas@wilminztonnc.¢ov> Subject: RE: 401 Bradley Creek Point Road Kathryn, It appears that the parcel to the east was claimed as submerged lands by Shore Acres Company in 2004. I've also included the annexation map from 1998. It does not appear to include this area. I will try to read through the description this afternoon. From what I see here, it appears that this area is a parcel and may not be in the City limits. Pete From: Kathryn Thurston <Kathryn.Thurston@wilmin¢tonnc.aov> Sent: Monday, December 21, 2020 10:32 AM To: Jeff Walton<Jeff.WaltonCa@wilminetonnc.¢ov>; Peter Brennan Jr<Peter.Brennan @wilminetonnc.aov> Cc: Shawn R. Evans <Shawn. Eva nsCcuwilminetonnc.aov>; Jeff Thomas <Jeff.Thomas@wilmin¢tonnc.¢ov> Subject: RE: 401 Bradley Creek Point Road Does anyone know where to find the original annexation files so that we can confirm this? The issue is that someone wants to build a dock off 401 Bradley Creek Point Road that exceeds what is allowed in the City Limits but it would comply with CAMA regulations. I just need to know what standards to apply. Thanks! Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov L*1 cTON Follow us on Facebook or Twitter facebook/citvofwilmington Cdcitvofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jeff Walton <Jeff.Walton wilmingtonnc.gov> Sent: Friday, December4, 2020 12:15 PM To: Kathryn Thurston <Kathrvn.Thurston wilmingtonnc.gov>; Peter Brennan Jr <Peter.BrennanCdwilmingtonnc.gov> Cc: Shawn R. Evans <Shawn.Eva ns@wilmingtonnc.gov>; Jeff Thomas <Jeff.Thomas(@wilmingtonnc.gov> Subject: RE: 401 Bradley Creek Point Road Interesting, it doesn't show up on any annexation layer. Could it be that this area is not in the city? i c, ,MN t ' 1 I JEFF WALTON ASSOCIATE PLANNER, CURRENT AND HISTORIC PRESERVATION CITY OF WILMINGTON, PLANNING, DEVELOPMENT AND TRANSPORTATION 305 CHESTNUT STREET, 3RD FLOOR I PO BOX 1 81 0 WILMINGTON, NC 28402 PH: 910.341.3260 ��rnnx �� \Y[ilell4WUli.\5 ' . E-MAIL CORRESPONDENCE TO AND FROM THIS ADDRESS IS SUBJECT TO THE NORTH CAROLINA PUBLIC RECORDS LAW AND MAY BE DISCLOSED TO THIRD PARTIES. From: Kathryn Thurston <Kathryn.ThurstonCeDwilminetonnc.eov> Sent: Thursday, December 03, 2020 9:30 AM To: Jeff Walton<Jeff.Walton(awilmingtonnc.eov>; Peter Brennan Jr <Peter.Brennan(lwilminetonnc.gov> Cc: Shawn R. Evans <Shawn.Evans t7a wilmingtonnc.eov>; Jeff Thomas<Jeff.Thoriias(dwilmingtonnc.zov> Subject: FW: 401 Bradley Creek Point Road Good morning, gentlemen! I'm looking at a CAMA permit for pier off 401 Bradley Creek Point Road and I'm not sure by looking at our maps whether or not it's within the city's jurisdiction. Take a look at the map below —you can see that the City Limits extend much further into the waterway than the zoning does. Is there an easy explanation for this? Thanks! Kathryn 4 From: Jeff Thomas <Jeff.ThomasCZDwilminetonnc.Qov> Sent: Wednesday, December 2, 2020 4:58 PM To: Kathryn Thurston <Kathrvn.Thurston@wilminatonnc.eov> Subject: RE: 401 Bradley Creek Point Road Hi, Kathryn. I'm not sure why there's such a large discrepancy between zoning and city limits here. It's the first time I've noticed this spot. I assume city limits have been more closely vetted than zoning. That's a good question for Pete. I don't know if the history of the R-20 zone is easily found. I would come to you or Jeff W. for that! As for ArcGIS not working, it could certainly be caused by the server change. Let me know when you have a moment to share your screen and I'll take a look. Might be an easy fix. Jeff From: Kathryn Thurston <Kathryn.Thurston(@wilmingtonnc.eov> Sent: Wednesday, December 2, 2020 4:44 PM To: Jeff Thomas <Jeff.Thomas wilminetonnc.gov> Subject: 401 Bradley Creek Point Road Hey Jeff, The e-mail I just copied you on is a question of the edge of our city limits. I can't access ArcGIS at the moment — maybe still a result of the re-whatevering a few weeks ago. I'm wondering, though, whey the city limits line here doesn't line up with the zoning line. Any insight? Thanks! Kathryn H. Thurston, AICP 5 Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 W i Im i ngtonnc.gov TUt�OH<GOOTP�ON >xxntCAVIVI-ft,., Follow us on Facebook or Twitter face book/c i tyo fw i l m i n et o n @citvofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and frorrf this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. L 7 DocuSign Envelope ID: 04BB7037-A243405B-9FA7-C7414E5FF452 11 ROY COOPER Governor MICHAEL S. REGAN Secrefory S. DANIEL SMITH Director Scott and Lisa Diggs P.O. 1275 Wrightsville Beach, INC 28480 NORTH nW LINA Ua&ry January 11, 2021 RECEIVED JAN 12 2021 MP SECTION DCM - MHD CITY DWR k 2020-1772 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 401 Bradley Creek Point —Wilmington, NC 28405 Dear Mr. and Mrs. Diggs: You have our approval for the impacts listed below for the purpose described in your application dated September 29, 2020, received by the Division of Water Resources (Division) November 9, 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. [15A 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 Open Waters 0.337 acres 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 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. [15A NCAC 02H .0507(d)(2)]. D_E QJ North Carolina Department of Environmental Quality Div sbn of Water Resources r E` ✓ Wilmington Regional office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 l 910.796.7215 DocuSign Envelope ID: 04BB7037-A243-405B-gFA7-C7414E5FF452 r 401 Bradley Creek Point — Wilmington, NC 28405 DWR# 20201772 401 Certification Page 2 of 3 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 [35A 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. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 028 .0211 (12)] 2. The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality for Class SB 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; (1) 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. 115A NCAC 028.0222] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] 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 150E 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 http://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 910-620-7447 or Tyler. Benson@ncdenr.gov if you have any questions or concerns. RECEIVED JAN 181011 MP SECi[ON DCM - MHD CITY DocuSign Envelope ID: 04BB7037-A243-405B-9FA7-C7414E5FF452 401 Bradley Creek Point — Wilmington, NC 28405 DWR# 20201772 401 Certification Page 3 of 3 Sincerely, E 000usie�-a eyC]� Morelia Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Enclosures: GC4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Debbie Wilson, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED 1AN .12 2021 NIP SECTION DCM - MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS D rector Debbie Wilson P.O. Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality November2, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Scott and Lisa Diggs, for State approval for development of the subject property located at 401 Bradley Creek Point Road, adjacent to the Atlantic Intracoastal Waterway (AIWW) and the mouth of Bradley Creek, in Wilmington, in New Hanover County. It was received as complete on October 30, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 13, 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 pennit decision within 70 days from October 30, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sinre Katharine Elks Field Representative cc: Curt Weychert, DCM USACE Linda Painter. LPO Kathryn Thurston, City of Wilmington Robb Mairs, DWR Scott and Lisa Diggs, Applicant North Carolina Department of Enymomm,,atai Quality I Division of Coastal Management Wilmington Office 1127 Cardinal 13ry Es slap I W,Imingtmt North Carolina 28405 4 p 1 1 1 CAMA PERMIT APPLIE FOR PROJECT: Applicant proposes to construct a new four IA1 almp docking Ifai fflimb/ ulnfh AVr-2112 oon of. V t Basin afid access channel at 401 Bradley ree Point •, n, New Hanover County. . COMMENTS ACCEPTED THROUGH _December2 2020 APPLICANT: FOR MORE DETAILS CONTACT Scott-B-Lisa Diggs THE -LOCAL LOCAL PERMIT OFFICER BELOW - - PO Box 1275 mnent Wrightsville Beaufl, NC 28480 127 Caii Dr. GAL. Agent: Debbie Wilson (910) 612-0402 0 NORTH CAROLINA November 6, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Scott & Lisa Diggs / New Hanover County • Aviron HOA / New Hanover County ROY COOPER t l.Wl MICHAEL S. REGAN SeMnan BRAXTON DAVIS DMV, D/vA,ian af('' a al Al aW tuenr Hello Angie: Please publish the attached Notice in the Wednesday, November 11, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. "Q4 ort & Customer Assistance cc: MHC Files Curt Weychert— WiRO/MHC USACE State of North Carolina I Environmental Quality I Com ai Management 127 Cardinal Dee Ext , Wilmingroq NC 28405 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 November 2, 2020, Scott & Lisa Diggs proposed to construct a newfour (4) slip private docking facility w/boat basin & access channel excavation at 40I Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington, New Hanover County, and on October 30, 2020, Aviron HOA proposed to remove an existing f red pier with floating finger piers to reconstruct pier & floating platforms to maintain total slip count of four (4) at 27091 fiddle Sound Loop., adjacent to Howe Creek, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks, I N.C. Dept.;of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, ,(9I0) 796-7424 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 2, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. . -Urr m6 ErorW77e r7OnW tans N COnli@CifQR wfNi CVOluv i@ ffffp jfP, ' I8i&_iQlf 10 iftJS Aarmrit aPAlrcatlori: r Pro mftyOWNT1nformahon y1 P. -Pfint orT Type Nanra .. -. _ •itfJe Data Ci This certification is valid through t 't RECEIVED ' r OC`�15 2D2D' dtoms C " . DCM W► CMIN ■ Complete items 1, 2, and 3. A•- ts ■ Prim your name and address on the reverse so that we can return the card to you. B. R • Attach this card to the back of the mallptece, or an the frond H space permits.. 1. Article Addressed to: D. Is it Bradley Creek Point Investment; LLG':" c/o Watson Caviness 639 Executive Place, Suit- =:u`0 = -, Fayette4ille, NC 28305-5489 ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII oAdult 9590 94D2 3004 7124 2082 01 ° Cud° n CAM OCT 15 2020 _._., ,__ .i'.- I I uogmuure uomrmmion 7019 2280'10001''742$` 3372 jo ° (Over "tr adDe" `' '.R®WdedpeiVery Form 3811. July 2015 PSN 7530-02-000_9053 1 Domestic Return Receipt SENDER: ComPLETE THIS SECTION COMPLETEXHIS SECTION ON DELIVERY 0 Complete Items 1, 2, and 9. A. S/ilgneture I! ■ Print your name and address on the reverse Agent X r`, �� t D.Agerd i so that we can return the card to you. r� I ■ Attach this card to the back of the rnnilplecer �, or on the front If ' �. B• maw Jeb�ay dntedN1amef� C. of DelNery _1 S� space -permits. _. /ro(Q U %q j - _. -(B .� 1. Article Addressed to: _ _ vd�elive' 17 O Yes f � cYiedyst ef° NOj No IUs�M 1�ieI fMl3 „• Rand Nickerson I 317 Bradley Creek Point Road LWilmin gton, NC 284033.. OCT 1 5 2020 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 13AAtluRsien 9590 9402 3004 7124 20821.8 ReatedeaDd" E3p�d�Aest� CediOedrnaum Ddvery " ❑CmeBed Mall Restrloted DaAvery-13Retum Reoa"fw '- ❑ Collect on oeMery Memhardw ❑ Celleoton DdNery R1ldded DeMary Oal9natum Confimlatlmn O'Insunad Mail °ReacdmDewmy 0p 2.Adlde Number?/ansfefhomsdMcelabell .. 7019 12280 000]; 7428 3365 , M, Resddee'1MQey: ''. � PS Form 381 !,July 2015. PSN7530-02-000-9053. Domestic Return Rmelpt OFFER TO PURCHASE AND CONTRACT (Consult "Guidelines" (Form 2G) for guidance in completing this form] For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each berm. (a) "Seller": _ Seller Signature Addendum A (b) "Buyer": Matthew Scott Diggs, Lisa Wells Diggs (c) "Property": The Property shall include all that real estate described below together .witr, "n rr----—...-.........w ...v'—' e improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A11-1) with this offer. St6tAddress: ArilR.. Jl—r 1,D-1—."A NOTE: Governmental authority over taxies, zoning, school districtsutilities and in.a delivery ni differ from address'showri Legal Description (Complete ALL applicable) Plat Reference: Lot/Unit 0 Block/Section 0 Subdivision/Condominium _Bradley Greek Point as shown on Plat Book/Slide 0 at Page(s) 0 The PIN/PID or other identification number ofthe Property is: 315607.69.0697.000 Other description: Bradley Creek Point Some or all of the Property may be described in Deed Book 9904 at Page 0508 (d) "Purchase Price": S paid in U.S. Dollars upon the following terns: S BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date. S _ BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by ❑ cash X ersonal check ❑ official bank check ❑ wire transfer, ❑ electronic transfer, EMIERLJ withthisoffer OR ❑withinAve(5)daysofthe Effective Date of this Contract. $` BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph l(f) by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on October 20, 2020 TIMEBEING OF THE ESSENCK $ NA BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached NA BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). $ BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). Should Buyer fardl to deliver either the Due Diligence Fee or any Initial Earnest Money Deposit by their due dates, or should any check or other funds paid by Buyer be dishonored, for any reason, by the institution upon which the payment is drawn, Buyer shall have one (1) banking day after written notice to deliver cash, official bank check, wire transfer or electronic transfer to the payee. In the event Buyer does not timely deliver the required funds, Seller shall have the right to terminate this Contract upon written notice to Buyer. Page I of 15 RECEIVED ®Nor form jointly approved ati ^ STANDARDFORM2-T ' North Caroline Bar Association OCT 1 5 ZIIL>Z.� Revised 7/2020 Pcniao". North Carolina Association of REALTORS®, Inc. �°^ O 7/2020 Buyer's initials 70V L Seller's initials rair+awm, isieve.connwamma,,.nczaaai DCIa04 I�aTON, �VC Lv Digs. P—k=dw 2t PFo"" bY-OL-&l OrOFEIe NWR=d.F,esa1,Wx,lgmi48M 401a d1g0mk ma,c a, a.m w ..comma Department of Natural and Economic Resources Exhlbit 1 Of 13 "q _ FEDERAL PER t is REQUIRED PERMIT " :%RMY CURPS OF. • CONTA"r S ENGINES'`P. 0. 60X 18°0 TO EXCAVATE AND/OR FILL Permit No. 49-77 WILMINGTUN, N. C, 28401 (Re: G. S. 113-229) permit Class Issued to: Mr- Alston W. Stafford, Jr. New 401 Bradley-Cr®ek Point, Wilmington, North Carolina 28401 This permit authorizes excavation and/or fill work in New, Hanover County, N. C. at Bradley Creek (N. side,, near mouth) as requested in the petmittee's r ! 6/28/76 fi,attachsd plate, sheet-1-3 of 4 dated-,rec.as rev.. application dated subject to the conditions set forth below: ' ljl- 6- a eet ; ate_ : 12 TS - _ , (1) That •the channel and basin alignment be etskid'snd flagged and'sn on --site", +w meeting be held"iatli the permittee' and "representatives of tfie ]jivieioa' of Marist4,Fisheries before any, escavatign Ia begun; (2) That all oysters in the excavation alig=.mt be moved tc adjacent siege Y< 1 !.' approved by ttio';Diiisirin- of, Marine -F1bberies Before ",any eadava'tion I . • • is begun.CL t (3) That eli excavated' ioati riala be 'i onfined''on h Eh gtoudtd �li'ekind sdegditte dikea'or athar ietaa*I',structures' to'ptevenC'ep:LII70rer'df solids' -;`: .. intn any marsh, or surrounding-vatere. j.. - f4).` That the dieposai area' efi fueat`le' contained' by Pipe,- trough,'- of aimiaar••' device -to a point'at or below the mear4 faro ivatar- naik"to prevent`gnliy erorioti and., resildtint-uanaceas irty,`eiltatiod:' ( See'attaehad sheet for Additional Coad> #ono.] v. ' THAT IF THE ABOVE.CONVM' O' NS AND THR PLANS AND SPECIFIC;AT1oNS SLiBM1TiED AS PART OFTHEAPTUCATION'(WHRRENOTdNCONFLICT.WiTRlilt CONDITIONS)ARHN01-..FCILLOWED ::• ' PRECISELY; THE'PERMITTED IS sUB1Etr TO A ME, BIPRISONMENT. OR CIVIL ACnON AS ".' PROVIDED -IN, G. S..113.229 (K) AND (L). That this permit may be objected to by the perinittee withitt.twetity (20) days of the date of issuance. FaQure .to submit such -objection shall be interpreted as an agreement of compliantsri with.allperfnit conditions That permit must be displaged alongdvith a copy of the .this 8pplic4tion and the project plat in the cab (ot pilot -house) of ihe.equipment working on the prc jec4,or.be easily accessible,'on site, to>]epartment person- :'::,. nel when the project is inspected: ' •'-.. " That any maintenance work of project modification requires further Departmental approvaL Subject to - permit renewal, all work must cease when permit terminates. . This permit terminates on . December 311 1979 Issuing Date: April 4. 1977 Signed by the authority of the Secretary of the RECEIVED Departure t of Natural & Econ -c Resources Form D&F-g OCT 15 2020 Edwa d G. Mc o , i ctot Revised 3[76 Division:of Marine Fisheries - DCM WILMINGTON, NC Exhibit 2 of 13 Mr. Alston W. Stafford, Jr. -Permit No. 49-77 f April 4, 1977 Page 2 of 2 ADDITIONAL CONDITIONS (5) That the. terminal and of the pipeline be positioned at or greater than 50 feet from any part of -the dike and a masimum distance from spillways to allow adequate settlement of suspanded solids. (6) That.a water.;ontrol structure. ba installed at the intake end of the __ .eff),usnt.pipe so as to asaure;vompiignca.with Condit10n-Ng..'9... :• (7). That the diked'digpoeal'area =at'be condtructed s anffiai4pt,distance from the M$W Jane or any meribland to:alimivate the. possibility of,.- dike.e aioa'iato'ot upFa.tlie a jaeant waters and/or.marahlan, (8)' That in order -to protect juvenile shrimp population, no excavat301% or' fi].liag' xr11L be permitted between.;,the . dates. of April 1 through . •September 30:tif,any gee.! orithout the prier apptoval.of. the Division of'Marine Fisheries. ' (9) Tbat`ths'activitp'be conducted in such $ manner as to prevent' significant-. { _incFeas.as.in .6p:kd1o.outeide.of the area. of-coaetruction or constructtgn+related.discharge (iacreasee.o-25.JT4{'.s•os Tess are. ..,...:_ not- VOTE: This pen t has%been,iesued-with on:undirs'tanding by the Department`i "that'the'pUr facilities; to be `eonsixiLCtnd edjsceaC tC the ezaavatiaar. ;' `and,? Pill portion of.-th ject artl'%r pRiYatw: iris 'onlg.- ;: - ^ n - _ • .;`::• •fin :• _ �.i t_:'n'.:,..-';~.:,,. ,:;ins"•.?:- _ .,i "yi'+. 1 - .:. ..... erg%—� Bdward G. dy Direct Division of Warms Fisheries / ar- ' / , •: :. •y,: t.. �:•.: , - �..:. BRADLE : !; Po.INT'. WR16HTSVILLE BEACH)N•':. +-� Cam- C" / 'I .:: ��iv�- / v�? i �-.• ..; Gtl!��r4�il� ���� I - Ar rl< 4-1.0 { G.H-IRLIS ..��/ } WRI sl LE: BEACH, // SOUIJD INGS IN.. . •ii/�) �.. I.)v,1L : C 4USE ;- FEV BELOW Y t P(3QP05ED'AGCE55'NAL W ' , , CAel�ot'E M.L.� 0.0- '�� .c'^A' �•:k,a '.�3O.X:=6.0 .: q y F ' j' �%:� �?:' >• +I.p . y�F f .� qn A.W. STAHC PROPOSED ACCES•S''CANAL •. }i :F.O �•. y • . Br,Slf\, t.NC NER _-Y yY '. �;..7. ;;` tl,o fir•- -i .,•._ t t2,0.:�(� /� '/ kpOt.t 1. + �S•a, Q�� W.G. FARIS i A.W. 5TAF.FORG. :: a' ,,3�`f,:- ii � � �T. 3932GILL El7EC 901 'BRADLEY CRJr. RD; . :.;jj . F� % �: ; � .,� .,�� wrL1gINGrON N.{ WA! lH75VILLEl130C1 .N.0 I: ' /�3 - I�;:.: Y �•. yy tP" h+•50• N ::. LAND;ELCllf+TION5 INDICATED IN ' APPROX. 3500 CU,YP.5. PROPOSED pSUv "1 '• t ' FEET .ABOVE` L.L/: O.R•',; " MATCRIAL TO BG MOVED / •. .` -1,'S I b M.' ' W1 -HYDRAULIC UP,EDOF DATE, TANiJARY, 1977. .P�-AN�..OFw� OPOS D WORK. R f VFPE'D I GSPOIL ROVED FOh SAVJK e l'H'EE_r 2 OF.282- S 4 't•.`.,r�ACCE$: CANAL DASIN, AKC' PIER) 75- 5- 33 F.E SCALE I"''.60' o ao; so sa o Wo 01$TH ®T20 U OF 4 +yaw. SCALE IN "F69T DCM WILMINGTON, NC 4 of 13 STATE OF NORTH CARQLINA Department.ofEnvironmental Quality and Coastal Resources Commission IP�rrittx for I X. Major DpvelopiftohtinanArea of_ Environmeiital-Conce . rn P toi-icQ-8.1-13A-118 Excavation and/or filling pursuant to NCOS 113-229 Issued to Rand Nicke I I -[ Authorizing d6vel opir .. . I Wil (AV.-2), including the aftac This pierink issued on with the:permft), 01 app, be subject to 4es,:*qrj Unless 9necii 2) in New Hanover County at ftzes Creek- 317 g, ac ';DO'Cldn F" Mi y of 11: Permit Number atibn 6&-re,clohsisteni tiq n of these terms may Ms permit action. may be '7— other 4je" ...app. Py the pqrmiftc� or-, `Sjgded,by-;&e -'a06 rilYiven, - persons within. of the -Secretary of DEQ and the Ission; life. Ibis,ReM.to, i aament personnel'ydie'n tlie:projectrs inspected for obmphettce , Any Maintenance work or project modification not hereunder Tequ'iTe's!fjjfthcrjjDi -- - n:,'-va-'L FV-)jZ-- Maxtor�C�'Dn*i§�;Dire6tor rs�o apprP All work must cease When the permit expires on `hivision o 6 CdagwManagement This permit and it's c di 'b acco Wd. December 31 2019 P In issuing this permit, the State Of N , orth�cj Wbi ag rees 0:C-TJ the .5,208 ManaBymentPmgtam 71 .1 Exhibits of 13 Rand Nickerson Permit -No. 2-15 Page 2 of 5 ADDITIONAL CONDITIONS 3) No attempt shall be made by the permittee to prevent the full and, free -use by the public of all navigable waters at or adjacent to the authorized work. 4) The permittee shall maintain the authorized work in good condition and in conformance with the, terms and conditions' of this permit. The ,permittee is not relieved of -this requirement if he abandons the permitted activity without having it transferred to a.third patty. 5) This permit does not authorize the interference with any existing or proposed Fedeml,project and the permittee shall not be entitled -to compensation for damage. to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in, the public interest. 6) The permrttee shall install and mauutainsathis'expense any signal lights or signals,prescribetl by the U.S. Coast Guard; through regulation or oilierwise;. on the'autHorized facilities: t1t a minimum permanent reflectors shall be attachedao the structure m orderto make "iYmore visible during hours of darkness or inclement weather. " " 7) The authorized covered platform shall not be enclosed. ;Any.materral •used: on the sides.shall not obstruct view agd shall be permeable to ak and-tivater Screen oi• wire on:the sides. along with benches and -knee walls are permitted: Lattice is specifically excluded from being used under this,authorization, 8) The roof.of the covered platform shallnot be designed for'secondstory use.. 9) The pier and associated structures shall -have a minimum setback distance of,l5'feet.:between,any parts (ffthe'Cirnrtw,i en'rT a6o ,,.7..,......a �M__.i. ____ ___r _ •.. _ ._ - ., 10) Any portion of the permitted; access pier and docking facilitiesb. uilt over:Coastal. Wetlands shall not exceed six feet iii,ividth and "shall ,be elevated:a muuinum of three feet.over;the wetland; substrate as measured from the.boftom of the decking: ` ° 11) This permit Authorizes maximum of 2 formalized boat:slips: inassociation with -this dpckin 9 facility Excavation 12), Inorderto protect juvenile finfishresources, no excavation shall be permitted between April 1 and September So.of any year without prior approval of the North Carolina Division of Coastal Management and the US: Army: Corps df Eiigineeis, is consultation witTi.appropiiate resource agencies: 13) Excavation shall not exceed 4feet below the normal low-waterleve1. In no case shall the depth of excavation exceed the depth of the connecting; waters. 14) No excavated or fill materialsball :be placed at any time in any vegetated wetlands or surrounding waters. A.imd.Nickerson I "PITI0NALCONQMONS Exhibit 6 Of 13 Permit No. 2-15 Page-3. of 5 16) All. level and laudward of regularly or All.excavated to prevent spillover of 17) No,spojlmaterials all be placed within 30 feet of the normal.hip 'h water line. 18), The. disposal area phol, be properly , graded andprovided a -ground cover suffi- c Withift'3 0 Working days of completion ient to restrain erosion prq�qct c pletiorL, 19) IThe spoil area shall be inspected and 4PIWOvPd by.the DiVision ,of Coastal Management prior to the, beginning ofany dredge gr,&ities. MainienaneiUause 20) !n 7. 7.-F e..W, 'vision of CoasW)�Pgemdjlt'shall be notified -in v.,rifing;at.least tiko"Q) weelrs in advance of . any maintenance work authorized bY thisp-ermit and li notification such The numb fth* . I . 1 9,- e�qrigi_n_aljie , & A'stdtiem e-_ _. - . . I U�u statement chat '-dini &;- changes ale pjoposed.' P.1101 ensio, Pha cOp"yoT. originalthIe--- - - w, tfi 79TOss.hatching1ldicating-ile area to be hihintained, theareatote,-used fOf SPDil-disPosal,'and-the;esi�hatdd . amount - j R ba&te'iW'*tO bezemoved 16catibn"deiign and. lioli' The il disposal site shall be representative of the Division prior to the inthanon of aa�marriienance dyecl�rng activities. roved by a, b..The datebfmapsrevrsion aqd thepermrttee's srgnatuze shown anew on theorigmal plan:: . 21) in orderto further protect the endangered West Indian Maoatee Tnchechus manatus, the applicantmust implemen e, 4nd,. -22) 23) 24) - -- -----P----------------------- ----- ------- The width of the a6.66i channel shall not exceed 20 'b _4 A0 as de C" reused plans November 1.- 16. dated . 720. 'bottom-locations impacting those resources Vk8ftent.troninegativbI .9es.- D OCT I 5. 2020 '_=M,W,iLMINGT(*, NC Exhibit 7 of 13 Rand Nickerson Permit No. 2-15 Page 49f 5 ADDITIONAL CONDMONS 25) The-perruittee understands, and agrees that iffuture operations by the United States require the removal, ., .1. - - I relocation, or other alteration, of the structure or . work- hetein authorized,I or if; in the opinion of the Secretary of, the Army cirlis authorized representative, said structure or Work shall cause unreasonable obstruction to the,free naivigaiiori dithe navigable waters, thePermittee will be required, upon due notice from the J.S.TArmy-Corps of Engineers, to remove, relocate, or alter the structural work or .Obstructions caused thereby, without, expens6.6 the United States orthe.State of North Carolina. 26) Approval -of the strudureJs based on determinations that there would be no obstruction to.navigation. The structure,maybe damaged by wave wash ikom passing vessels. Issuance of thisPermit should not be construed, as relieving the permIttee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash 27) The authorized-structafe. and; associated activity must not interfere with the public's right to free navigation on all havigable waters of the United StOes---24o attempt will be made by the permittee to Prevent the full and free use by the Public of all navigable waters at or adjacent .to, the authorized work for reason other ffia4 safety; 28) Except as specified.in the plans attached to this permit, -noexcavatio . n - or mechanized land -clearing activities shall take p I ac -e af the on:orm ancei 9. � this project, h Any-tirne, tune, in coast ainten f ;tinstic amanner ircul . to -reduce reach of as.to, impair normal flows and'e 'on dr,�6dafids or.to red*' the I *at&s waters or wetlands. 29) Except as authohzedby thispermi fffl or Ju dch,Prie tz d land -clear T 3 of itu s project, within waters dwe double.handlifij okejdavjtcdorh proh ibition applies to alI:bor rd , wa . r iI' 30) The-permittee, shall employ., all sedi increase in gedIment6tion'driA4 include, but is.not.flinited tol.th& in around C areas subjcct td-soil-disti stabilization of ail. disfurbedarcii§'. aspects s of the Sediment-ation.poRni 113,� Article 4).., 31) The permittee, upon receipt of auo completion'wofthe w6rk. * '-'- ., ill"V-ri the Sgtreiary nfihe' ArM*V nrhi, iA' withl4i mtcts oo*c ,tivities connected wit] ion and.erosibncontrol in Waters and w6flafid; installition of silt Pei or the iri6verrient of e; orally, the project inus itrol Act of:l97J_(Novi ation: to th!s.permit, no excavation 111.166 con-stiuction.orm-ainteriance Me �teOpOrary plac'euxerit or s outside the permittedarea. This Project.' devices vith all Chapter upon1s.expi ration before and:i4such , time., and marmer as ed, testore.thi- water or wetland to — -1 Rand�Nickerson Permit No. Z-15 Page. 5 of 5 ADDITIONAL CONDITIONS General 32) 1 This permit shin not be assigned,; t atisferre sold, of otherwise,dispoged oftoz third party without the written approval of the Division of Coastal Management, 33) The Permittee and/or his or her, contractor shall meet with arepresentative.of the Division and theU.S Army Corps bf Engiuceis prior:to project - proi�ct initiation. 34) This Major Modification shall.be.attached to the original of permit -No, .2 15, which was transferred to the periniffee on 9/14/1 5, and.copies of all documents:�441.bq readily avail G on siteawhen Division personnel inspect the RrOjdqt site '.for'complia6ce:1'_'_' 35) All i conditions and stipulations ofthe-active remain in force under thisModification unless Major Modi specifically altered rein. NOTE: This permit does not.eliminate.the need . to obtain, any additional state, federal or local pprmits; 4Y approvals; r -9. in '06 equured NOTE: Future deyplopmefit 'the P!7mi"t. ees property may xqquird, Amodification oftj�, pennit,Con&ria tpn� Afilp+i"'YAZ nnl 1. at many 0 a# 41 n water dependent are higil water. qve 1�p C'etof-!h'i� 166n.,ua f NOTE The N.P. Division "o,,-Water Resources liar authorized the proposed project utider pWR project ; .14 NOTE: The tUR.-Army .Cox Engineers authorized A6 Corps of En eo at under _POE.ActiqnId. No.. SAW 201M02096, NOTE: An application -process o was received by for, this project. OCT 16 2020 DCM WILM, NC INGTON Exhibit 9 of 13 1 �I �1 N, ssO •O i tl M ii6\ ,�IPI S&IMOARY < RiRLRt&W SUPWPY \ •G FAR IS �eufaus dwr,e� tu:R RECEIVED *\ eJoRiil uPOUMA _ OCT 15 2020 alnuc lux _� DCM WILMINGTUN, NC �4 T. n Lc 4,le OCMINLMWGEON,NC K f 2 2 2014 . Y/iLWiwi 6 raRKt SIT �mltl.>4A•( GRLy( Pf N�u1W4reu, NG P� - • • - • a + T ,r•+ r �y�^` f Y' Y • r 4 r ✓r� Exhibit io of 13 x . A. l�.: •` •• , `'.WA . `• ' 1 i le Earth 300 ft ,)ogle Earth 3/2013 Huborlino Points Navigation Channel Points Setback Points Right-of-way limbortino Placement Areas Navigation Channel Solback 410ed:November2019 Exhibit 11 of 13 Exhibit 13 of 13 � l t Ile Earth Maxor Technologies r L 300 ft OCIIt MP-1 APPLICATION for Major Development Permit (lest revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (d applicable) Applicant 1: First Name MI Last Name Scott Diggs Applicant 2: First Name MI Last Name Lisa Dig s If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1275 Wri hWit a Beach NC ZIP Country Phone No. FAX No. 28480 USA 910-1629 ext. Street Address (if different from above) City State ZIP 460 Causeway Dr. M htsville Beach INC 28480 Email nrisdignsUftmail.corn 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name Debbie MI D Last Name Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16276 City Wilmin ton State NQ ZIP 28408 Phone No. 1 910- 612 -0402 Phone No. 2 ad. FAX No. Contractor # Street Address (if different from above) City State ZIP Email debbiew75 charter.net <Folm continues on back> RECEIVED OCT 15 2020 252-808.2808 :: 1-888.41(COAST :: www.nc coastal nmj+1M191dWILMNQiTON, NC Form DCM MP-1 (Page 2 of 4) /\7»t-1iLL`irdl Major Development Permit ect Gocat�on f � � , County (can be multiple) Street Address State Rd. # New Hanover 401 Bradley Creek Point Rd Subdivision Name city _ State Zip Bradley Creek Point Wilmington NC 28405 Phone No. Lot No.(s) (if many, attach additional page with list) 910 -619 -1629 ex'I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak Bradley Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown AMIN e. Is proposed work within city limits or planning jurisdiction? f. if applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. City of Wilmin ton 4 `Srte Desar"rlpHon - p a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 185 ft. 38,332 s . ft, c. Size of individual lot(s) d. Appro)dmate elevation of tract above NHW (normal high water) or .88 acres NWL (normal water level) (if many lot sizes,, please attach additional page with a list) 5 to loft. ®NHW or ❑NWL e. Vegetation on tract Ornamental landscaping and lawn grasses. f. Man-made features and uses now on tract Single family residence, concrete driveway, fence, delapidated pier and covered platform. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Residential'R-20 ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ®No ❑NA National Rogister listed or eligible property? <Form continues on next page> 2S7.-SOS�88aE+ 9-SGP-4RCOAST :. tv ev u,,nccoastatmaeageratent.net Form DCM MP-1 (Page 3 of 4) , APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes ONO (if) Are there coastal wetlands on the site? ®Yes ❑No (ill) If yes to either (1) or (it) above, has a delineation been conducted? - ®Yes ❑No , (Affach documentation, Havailable) n. Descnbe existing wastewater treatment facilities. Municipal i i o, Describe existing drinking water supply source. Municipal p. Describe existing storm water managementor treatment systems. None t11FTtIPSs�gfI IR1 c P a acts x, 17, n a. Will the project be Tor comiheicial, public, or private u"se? ` !❑CommetcIi* ❑PublldGovernment • • „' :®Private/Community, b. Give a brief description of purpose, use; and dally operations of the project when complete. Private residential use. c. Describe the proposed constructionmethodology, types of.consttuction a ulpment to be used during construction, the number of each type of equipment and where it is to be stored. - Typical marine' construction with a barge mounted'pile driven, excavation by bucket to bardge. d. List all development activities you propose. ' Pier, covered platform, -floating docks, boatlifts and excavation•forbasin, and access channel. Also, maintenance dredging of existing access channet,previously permitted under CAMA Major, Permit #2-15 originally issued on 12M/16 to Rand Nickerson. e. Are the proposed activities maintenance of an exsting pmject,.new work, or both? _ Both_' , f. What Is the approximate total disturbed land area resulting from the proposed project?- 1, ®sq.Pt or ❑Acres 13,471 includiri excavation of existin _access channel g. Will the'proposed project encroach on any public easement, Oublic acc6ssway 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. , None 1. will wastewater or stormwater be discharged into a wetland? ❑Yes ®No DNA If yes, will this discharged water be of the same salinity as the.recelving water? ❑Yes, ❑No DNA j, Is there any mitigation proposed? - ❑Yes ®No DNA If yes, attach a mitigation proposal. 1 r[cv.-. - , t- <Form continues on back> OCT 15 2ON 252-808-2808 .. d-808.41RCOAST .. wvuw.nczoas2alm�N�vyement.ne4 Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6" AddlGonal;UMbrrdatton ' r { In adtlrt]onlolhrs complefetl epplicehon(orrtt,°(MP4)thatgllowmg demsbefbw, depplbdeL$e must be submrRedirj'aide/for [ha apPlxcagon package to be complete items faJ (f) ere always aPolicable:fo anyma/ordevelopment applicator P/eese consulr7he apphcabon�- r 1 rnstruetfon booMetdn how to properly prapaniTha+equired ftems a. A project narrative. J. An accurate, dated work plat (Including plan view and cross-sectlonal drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims tille to the affected properties. a. The appropriate application fee. Check or money order made payable to DENR. f A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such.landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Noma Rand Nickerson � � Prone No : �1Aadress ,.317 BrailleyCreek`-Pcililt Rd° �Wtmmgtbri-tVC 28403= £ �'� :�1�. '_ Name Bradley Creek Point Investment, LLC c10 Watson Caviness Phone No. Address 639 Executive Place Suite 400, Fayetteville NC 28305-5489 Address '�T 4t � g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. NCDER 49-77, Alston Stafford, 414/77; Dept. of the Army SAWCO77-N-066-001-0464, Alston Stafford, 7/11177: DOA GP #SAWCO78-N-019-0056, Alston Stafford 313/88; CAMA GP #2616-D Alston Stafford 2122/88 & Exemption 11118/96 h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C.- Environmental Policy Act (N.C.G.S. 113A 1-10). If necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. i unoerstand 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 to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 9120/20 Print Name Debbie Wilson, Agent Signature 91*1- 2.:1 Please indicate application attachments pertaining to your proposed project. , ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development HDCM MP-4 Structures Information 252400-22eA ,- 1-699-4e4CQASa E[ wwv�.nccoa56Ea1rteaM.wgem n$,vs e:f Form DCM MP-2 I EXCAVATION, and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access I Other Channel. Canal Boat,Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length 110' & 330' 80' Width 11' - 35' & 20' 35' - 70' Avg. Existing "10-2'&-21to-4 0.0'to-18" Depth @NLW NLW Final Project ; Depth -4' @NLW -4' @NLW 1.506 cu. vd c. (I) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked; provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: Marsh and oyster bed limits have been field located and a minimum of a 10' offset will be enforced for a dmdeinc. a. Location of disposal area. Spoil Disposal lslan0 an Vie AINMfappmx. 0.5 miles SE of site. Stlares Acres Co: property (R08300UO2-000) beNntl CORPsr A16 DA 0248. or 0240. G. (1) Do you claim title to disposal area? ❑Yes '®No ❑NA III) If no, attach a letter granfing permission from the, owner., 9. (1) Does the disposal area include any coastafwatiandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands(WL)? If any boxes are checked, provide the number of square feet affected. ❑m `❑SAV ❑sB ' OWL ®None (ii) Describe the purpose of disposal in these areas: d. High -ground excavation In cubic yards. I D. utmensions or olsposal area. Approx. 0.3 acres d. (i) Will a disposal area be available for future maintenance? ®Yes -'❑No []NA - 4 (li) If yes, where? f. (I) Does the disposal Include any area in the water? ❑Yes ®No ❑NA' I - (II) If yes, how much water area is affected? DECEIVED OCT 15 2020. ®CM WILMINGTON, NC a 252-808-2808 n 9.888-411COAST u www.nelcoostaimana M ment.net revised: 12126106 Form 0CM MP-2 (Excavation and Fill, Page 2 of 2) 3 SHORELINE STABl11�ATl0N ®7hrssectwn not eppHcable': (>y deyelopmenf IS 8Q(( Jif0fll USB jlbP Fi`� SVUC((1/ryS� a L n , j r, .{ F a' -e ,F, a. Tvoe of shoreline stabilization: h I envfh•l ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other. c. Average distance waterward of NHW or NWL: e, Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill_ Other_ I. Source of fill material. a. (1) Will fill material be brought to the site? ❑Yes [ If yes, (11) Amount of material to be placed in the water (111) Dimensions of fill area (iv) Purpose of fill a. How will excavated or fill material be kept on site controlled? Existing diked and silt fenced area c. (1) Will navigational aids be required as a result of the project? ®Yes []No []NA (it) If yes, explain what type and how they will be implemented. Channel marker were previously authorized for main access channel under CAMA Permit #2-15 and will be maintained. Width: d. Maximum distance waterward of NHW or NWL: I. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes []No ❑NA (ii) If yes, stateamount of erosion and source of erosion amount information. h. Type of fill material. b. (I) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL []None (li) Describe the purpose of the fill in these areas: What type of construction backhoe, or hydraulic dre _Bucket to barge dredging and off loaded at disposal site by skid -steer. d. (1) Will wetlands be crossed in transporting equipment to project site? []Yes )RNo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Not for the dredging component 252-008.2808 n 7-868-4RCOAST ,: wna+w.nccoasfatmanigemant nee revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this forrli to Joint Application for CAMA Major Permit. Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental Information. a. (1) Is the docking facility/marina: . b. (1) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment ®Private/Community []Yes [&No c. (i) Docks) and/or piers) d. (i) Are Finger Piers included? ®Yes []No I) Number 3 - _ If yes: (lit) Length 1 @ 262' & 1 @ 20' & 1,8oating @ 40' (II) Number 2 (iv) Width 6_ (III) Length 20' (v) Floating NYes NNo (iv) Width 4' (v).Floafing NYes []No e. (1) Are Platforms included? NYes []No If yes. (it) Number (!it) Length 28' (IV) Width 39 (v) Floating []Yes [&No Note: Roofed areas are calculated from ddpline dimensions. g. (1) Number of slips proposed .4_ (li) Number of slips. existing 0 1. Check the proposed type of ailing: ❑ Land cut and access channel [&Open water, dredging for basin and/or channel ❑Openwater; no dredging. required []Other; phase describe: k. Typical boat length: 16=24' m. (I) Will the facility have tie pilings? ❑Yes NNo pl) If yes number of de pilings? f. (i) Are Boatlifts included? NYes []No. If yes: (11) Number 3 (III) Length 2 Co) 14' & 1 @ 16' Qv) Width 14' t h. Check all lhe.types of services to be, provided. ❑ Full service, including travel lift and/or'rail, repair or maintenance service ❑ Dockage, fuel, and marina supplies ❑ Dockage ("wet slips") onlyrnumber of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(sj; number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Oren Runabout I. (1) WIII the facility be open to the general public? ❑Yes [&No RECEIVED OCT 15 2020 D_CM WILMINGTON, NC 252-eea-2808::1-86&4RCOAST :: wWW.nccoastalrnan2g5z tent.net revised: 12127/06 Fobs DCM MP-4 (Structures, Page 2 eB 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: I ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of wild waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge' signs proposed. (ii) Give the location and number of -pumpout Available' signs proposed. f. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g, Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake" signs proposed. _ I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. J. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 252-808.2808 :: 1-86"RCOAST ::_u_,%rdvu,necazsfatmnnaaemen4.net•. revised: 92f27108 Form 0CM %NP-44 (Structures, (Page 3 of 44) m. Is the marinaldocking facility proposed within a primary or secondary nursery area? []Yes❑No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? •• []Yes ❑No ` o. Is the marinaldocking facility proposed within or adjacent to coastal watlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None p. Is the proposed marinaldocking facility located within orwithin close proximity to any shellfish leases? []Yes ❑No If yes, give the more and address of the leaseholder(s), and give the proximity to the lease. a. (1) Is the boathouse structure(s): ❑Commercial ❑PubliGGovemment ❑PrivatelCommunity (11) Number Pit) Length - (iv) Width - - Note: Roofed areas are calculated tram dripllne dimensions. 4 GROIN (e g wood sheetpflef etc If a rock groln use MP 2 Fxc jVallon and Fitt Jti (BThls secbon not eppbcab(e a. (I) Number pi) Length (III) Width a. Length _ c. Maximum distance beyond NHW. NWL or wetlands a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑PrivatelCommunity C. Distance to be placed beyond shomilno Note: This should be measured from marsh edge, if present. e. Am of the swing b. Average distance from NHW, NWL, orwe1 tlands b. Number _ d. Description of buoy (color, Inscrlptlon, size, anchor, etc.) RECEIVED OCT 15 2020 252-808.2806 :: 9.888.4RCOAST :: lvurw.nccoastalmananement.net revised: M2127100 ©yeas OCN3 MPA4 (Structures, gage 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 74' to the west & 54' to the east Note: Forbuoy ormoorfng piling, use are of swing including length of vessel. c. Width of water body 1A18' e. (i) Will navigational aids be required as a result of the project? OYes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. a. Give complete description: b. Proximityof sbucture(s) to adjacent docking facilities. 217' to the west & 97' to the east d. Water depth at waterward end of structure at NLW or NW L js_8 NLW post dredging The existing 20' x 330' access channel was originally permitted on 12/13/16 by CAMA Permit #2-15 issued to Rand Nickerson however, this permit expired on 12/31/19 Therefore maintenance of the access channel is being incorporated in this application 9.898-4RCCA5T :: ww±n�necnnstatmarv�gomcn!^ne4 revisers: 12(27106 `,7 �5i1 Oleande .Memo ,.K F Bradley Creek Point Investment, LLC do Watson Caviness y �a Scott Diggs 401 Bradley Creek Point Rd Rand Nickerson 317 Bradley Creek Point Rd 401 Bradley [reek Point Road Wilmington Newaanover County Drawn By Debbie Wilson 9/I1120 Sheet 3 017 14Pr'15 2020 DCM 1NILMINGTON, NC Faisting Water Depths 401 Bradley Creek Point Road Wilmington New Hanover County Drawn By Debbie Wilson 9/12/20 Scale: l' AD' sheet 4 of 7 _ Marsh ti oA' O 5letged $ i ' � 3 �i i Marsh Marsh 14' 6' 6'14V 14' J; Proposed Dredging Footprint- ' Boat Basin & Access Channel q 4 Marsh v Marsh Dystet Bed Marsh Scott&Liaa Diggs __ AD1 Bradley treek Point Road v j mington New Hanover County Drawn By Debbie Wilson RECEIVED OCT 15 2OZO DCM WILMINGTON. NC TYPICAL PIER AnoN M n m m c X-Sections Scott & Lisa Diggs 401 Bradley Creek Point Rd Wilmington New Hanover County 9/29/20 NTS Sheet 5a of 7 Bottom Contour i Bottom Contour be Dredges @ NLW n 3 i DO O Z n Original Authorized Drawing for Existing Access 1 \ 'Cott a Lisa ufggs Channel from CAMA Permit #2-15 Issued to F %. Bradley Creek Point Rd Rand Nickerson on 12/13/16 �� \ )� `,T WWilil mington New Hanover County tar )k tl hedpeORe 9129/20 6/9/16 Originally) mvn mseumsier , Sheet 6 of 7 ro Flnal oepar•s1tw �^^ fObl4 Oyh eso x /t•9` `�t�' ^^^^ 1 1tlG1J8Ae 09se1 -1'fl`y ��, M:eaeRPz330' `\ �•1 ,-^�m>wYa) r �,42''��� ^^`^^^ xisting' • ��,^ Cry P."chc mMarw Access Channel ch to be Dredged Recei ed NOV 16 IDS D M Dredging 19g1 do Into 4' MLW con1W,M Brad18y Cresk pharrM1. Plans are owed pths and xi publicly and were go GIS aata inducing M parcel boundades and,oriel photography, nd Existing Access Channelm R:soureboundriesave boareeldzedtmWld atr and a lffareeelmvdae, Resource boundaries have bean alglVzeafmm aetlals and were greund-WNad byLMG and NCOCM. Property Unes- GIS parcel data APprez NHW (mapped) — "— "'— Mparian boundaries• channel edges• and depths are approximated for pennitdng purposes only. c Wrien Corridor Limnt (apprex) — — — — • — Ex. Depth bean (IsnG) X rna is not a survey. ' 0 dlay Creek Channel Edge (epprex) Proposed Dredging (d' MLW final) _ rr qkh Grass!Oyster Bed Complex —__— (1N ) 7.9,{(� P91i 4eAryCreek Pdm Rml. Wllm4pbn.NC pew BBrz018 1VtIf1a18 Appmx. Ex. 4' MLW Owl= G L�e:..Tmm. e.....r....-. W. aorta A6rYenm (wneaaoWra^e Scak: T.TRaU, Edge Coastal Marsh (no shell) - - - - - - Dredge Offset fmm MaMNSpall(10) - - - mae: 1--W 48.16a6e lWwrV�AheMV MelortAOm�IiwILPMAPomele 219 prartay Joint Wetland IiMt (approz, mapped) - • • - - • • - Tw Tweaa wsswm Proposed Dredging trs 9neee Boll Authorized drawing for the existing access channel from CAMA Permit #2-15 issued to Rand Nickerson on 12/13 115 Plarn an based on publicly ovellablo GIS deY. Including barest boundaries and asr41 phorogaphy. Depthe ara approximte ard were field measured by LMG al an average low llde. Resouroa bouiWnrles have been dioltuad from aerials aril wero groundiMhad by LMG and NCDCN, d Riparian boundaries. channel edges. and depllis are approximataE for permitanglonfeaee only. a This Is not a survey. Lgnp Properly Lines- GIS paroel date Approx, NHW (mapped) Riparian Corridor Lai (approx) — — — — — Ex Depth Location (LMG) Bladley Creek Channel Edge (approx) -- Proposed Dredging (A' MLW one) kili Gross/Oyster Bed Complex ---- Approx Ex A'MLWConlour(LMG) Edge Coastal Month (no shelf) — — — — — — Dredge Offset from Marsh Shell (l D1 Joint Welland Limit (approx. mapped) — — — — 2012 Orthopholograph hem NC OneMap Cott ISIR Igg;- 401 Bradley Creek Point Rd Wilmington New Hanover Canty 101 /20 Aleare si7 LMC _.-,5hPeeL6a Plrs pas hile xlx areYMyCnMPoM aoe.VMmrplw eWMte i63Y� - pt M'. aaro NicYManlwmnPofwn4 a4M_--. 'Lfi eTuiiii .-_-- am WrWer.M ew •6 Mapr Mod Susan VA4l Wrmlat.rSu 1•.1w drs'w 1616p1. -- ,`""'�,'„""�; p1i0xp1i0x Proposed Structures snd Dredging W Vew ♦tltt OCT 8 wo _ UC\A WILMINGTON, NC or riparian corndor for LAMA Permit #2-15 issued to Rand Nickerson on 12/13/15 bwaawrrou,a ', ��-- aamcteMretry A% X\a %,% \ Mwlam Edge --\ \ \ ,g- vuw,.am teas w wnsronw �. VbnpMV Pdllalreilib b, (a ptipa wi L. nd Property Liner GIB parcel data Riparian Corridor Limit (epprox) Bradley Crack Channel Edge (approx) Marsh Grass 10y wer Bad Complex Edge Coastal Marsh (no shall) Joint VWi Lsnil (app(Oz, mapped) Appmi NHW (mapped) — — — — — Ex. Depth Locebon (Le(G) Proposed Dredging (4' ML W final) -- - -- APproa Ex 4'MLWConmur(LMG) - — r - Dredge Offset from MemfVShall (101 '�- Scott & Lisa Diggs ♦ `� 401 Bradley Creek Point IlRd ♦ Wilmington ' liil'pi N0ew�H2aOnover County \ 1 Q Sheet 6b of 7 { \\coedNa p,pppppp azedplai fiosengaager A , A at in and 9oafng Ow* bast 4al aiot ♦ j dock area. Shoreline � - 211 at. err o Ossuld AF" t OAF" ( ♦ � aW aa�aa 1 ♦ .a ♦ — 6'x 3a•Poaag poIX \ ' \ (uanaam pe-,p; karat MwM) % aa1LM aWi nawwro Pap. M 14nM10M� RCWwEG ii WMe, ' ..omplm (a pAbb7 rga •� a1 {,ld. �a Plans she based on p,,blicly availebla GIB data. hooding enrol boundadas and aerial prologrghy. Depths are approklmete hi were held measured by LMG al sh a sai row tide, Resource boundaries have been dignized from "Asia end Ware pound-M1uthod by LMG and NCDCM. 801 bourgadas. chenrel edges, and depths we appndmated for psmddng pu ass only. TMs Is hot a suniy. row— —.. r� aa,ttG ---rill e..uarww PUN au.a. rgnkaan. ac b9lara Tii '.:..,.uY�.. Mr Paw PlAanon LPWlvhpaaraaV ._._... „onnVw.w+w aril Wpr N^0RaaY^n aAall �tl, r'F16 teen �aY a0.16p "":'„`",ate da'0 PhPa�ad StraMrse __. ua �"k sail o c r 3 2020 QCM WILMINGTON, NC I X-Section of Existing Access Channel Scoff & Lisa Diggs Taken from CAMA Major Permit #2-15 File 401 Bradley Creek Point i ilmington New Hanover County Prepared By: LMG �MEdg. Qart�Cross Satition A 6/19/15 Scale: V= 6' Sheet heet 7 of 7 A A' .. ............ 4— EA== iiwm Mtn— .4f 72 f 0+0+30 10 0120 19+40 ozo 040 0+70 20'Wide Box Cut All dmdging.to be a minimurb Df 10'frow marsh andl"shelf edge. De-Mul'Iua�\tiYCiF. Pic 3511, 1ECEIVED RECEIVED R�. D.W: T 152020 OCT 152020 LMG arch: Numftr. AINGTOU.1ic DCM WILMINGTON, NC eRMI Typical Cmm Scbon (ChWml) NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Bradley Creek Fee: $400 #1361 CDAITS MHC cc Applicant Scott and Lisa Diggs Agent(Conbactor. Debbie Wilson Project Site County: New Hanover Staff: Katharine Elks District: Wilmington Pmject Name: 401 Bradley Creek Point Road Rover File: n!a River Basin: White Oak Initial date of application submittal: 10.16-2020 Date application "received as complete in the Field office: .ciTF nFSCRIPTIONIPERMIT INFORMATION ORW: ❑Yes Wo PNA: ❑Yes jSNO Photos Taken: Yes U No - Setback Required (riparian): Yes No Critical Habitat ❑Yes VNo Not Sure 15 foot waiver obtained: Yes No Hazard Notification Retumetl; []Yes ®No SA r. ❑Yes PNo Not Sure Shell Bottom: ❑Yes gNo []-Not Temporary Impacts; ❑Yes ❑No Sure Sandbags: Yes qNo ❑ Not Sure Did the land use classification come from county LUP: ❑Yes J�No Mitigation Required (optional): ❑Yes [�No Moratorium Conditions:. Environmental Assessment Done: Length of Shoreline: Oyes ;ANo ❑NA _ FT. [ Yes ❑No ❑NA Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- losed ? 5?.l153.C+'-( 1.3 5 0. SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED (494)`Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort( Salicomia sp.)` wetlands) - ❑ (OJ) Saw grass (Cladium jamaicense) (SA) Salfmarsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ `(DS) Salt or spike grass (Distichlis (SC) Bullmsh or three square (Scirpus (TY)Cattail (fypha sp.) .. spicata) sp.) _ ❑ (JR) Black needlemsh (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens), APPLICATION FEE No fee required - $0:00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm wl D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ minor 'Modification toaCAMAMajor Major Modification to CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ Ill(B) Public or commercial w/ D&F to! ❑ Epress Permit - $2000 acre; 4144can be applied - $400 ❑ Major development extension request - ❑ IL Public or commercial/no dredge $100 o and/or fill-$400 El 1. Private no dredge and/or fill-$250 ❑ III(C) Prty. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM•needs DWo agreement - $400 f I D1ggs, Scott & Lisa Date: 10-15-20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number ChO000se ChOo ese Dimension t Dimension 2 Dimension 3 Dimension 4 go` 3. FIR New Work Maim❑ -iTe-W-W-0rk-JV Rep Y❑N 11-- 41 Maint ❑ Replace ❑ Y %N lag New Work Replace Maint ❑ ❑ Y fgN©� J New Work pil Maint❑. Replace ❑ Y JA N , 40J& New Wark Malnt ❑ Replace ❑ Y MN - �'- ' -A0,i - L New Work Maint ❑ Replace ❑ Y AN L NewWorkff Malnt ❑ Replace ❑ Y ION 1 / , 6 I New Work Maint❑ Replace [I Replace N5( G �1 �'IIi f;� t V)X-" V� %5Sr 11" S� y Describe below the HABITAT disturbances for the Ileation. All values should match the name, antl units of measur ent found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. .Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration andfor restoration or andiortemp restoration or temp impact ' temp impacts) Impact amount) temp impacts) amount Dredge Q Fill ❑ Both ❑ Other d 2-36 OW Dredge 9 Fill ❑ Both ❑ Other ❑� jr Dredge ❑ Fill ❑ Both ❑ Other -A- Dredge [] FillBoth ❑ Other ❑ �% `J^Dl7 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge [I Fill ❑ Both ❑ Other ❑ Dredge [I fill'❑ Both ❑ Other ❑ 919-733.2293 ;ri-888.4RCOAST:: vrww.neeonstaimanaueman4 not revised: 02[26118 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited: Permit Holder Number amount Number/Comments ' 10/21/2020 Matthew Scott same BB&T 1361 $400.00 Major fee, 401 Bradley Creek Pt KE rct. Diggs Rd, Wilmington NHCO SPLIT 60/40 12402 w Major Permit Fee Schedule Project Name: County: Check /�N`o&&Amount: SC4 � (.(Sl1 b"q -1 - N P o /1.- 1. t _1 D J. I -iv 1 1--*a t_V 1 -a.'r J, DCM % DWQ % Development Type fee (1430016o1435100o9316266253) (2430016024351000952341) I. Private, noncommerrial 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 the filling or excavation $400 100%($400) 0% ($0) of any wetlands or open water areas: ,. 111. For development that involves the filling and/or excavation of up to 1 acre ' of wetlands .and/or open water areas, . determine NAB, C. or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No, 4175 canoe applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% (0 ) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 ° 60 /0 ($240) 40% ($160 ) re ' review and written DWQ cdncurnce'.is needed because ofconcems relatedao' water quality or aquatic life: - Ili(D). If General Water Quality $400 60% ($240) 40% ($160) Certification. No. 4175 cannot be applied IV. Development thatinvolves the filling and/or excavation of mom than one acre $475 60% ($285) 40% ($190) of wetlands and/or open we areas: - 0 DCM Coordinator: Curt Weychett County: Permit#: WIRO E-MAIL DISTRIBUTION SHEET Circle o e: Bio Repo Permit for: "/ W n � t�91 > Oversize Pa ans sent: �ik DCM Offices: Morehead City: PT (if oversize) via 2b' ier. I / 'cc Curt & Amanda on group email wnarr.app.drawings, deed, comment sheet ✓ `MHC documents (Curt &Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wm): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: & Carteret Co): PN, CL, Reports, Split Sheet _ use both H mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Spit Sheet _ eg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ 401 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_ Marine Fisheries: %/KirA Harding_ DCM PlannerMiRO: �Mi a Christenbury _ Cultural Resources: �Re9ea Gledhill -Earley Environmental.ReviewCg)ncdenr.gov_ Natural Heritage Prog. Rod ey Butler_ DCA-Rural Eco. Dev: arkZiegler_ NC DOT: `David Harris _ Wildlife Resources: "aria Dunn w/Reports State Property Office: Tyn Walton: DEED _ �I(lli Moser anda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: td�er€my Humphrey (Bio) / _ I t hharron Gupton, Admin. DEMLR: JantSams tine Hall - Stdnnwater Section - Land Quality Section Public Water Supply: Heidi Cox City of Wilmington: vl&thryn Thurston _ Enforcement:-Fielld ReeJp: VA, a" _Co. LPO Agent: DISTRIBUTED: I t 72W , q Updated 10/0120 CAMAIShaun majors docs/e Agency List