42-21 Ery Kahaya & JAM Properties Inc

Permit Class
NEW
Permit Number
42-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Ery Kahaya and JAM Properties, Inc., 2307 Middle Sound Loop Road, Wilmington, NC 28111
Authorizing development in New Hanover County at adj. to the AIW W, at 2307 and 2223 Middle
Sound Loop Rd., in Wilmington , as requested in the permittee's application dated 11/6/20, including attached workplan
drawings (5), Sheet 1 of 4 dated 9/29/20, Sheet 2 of 4 dated 11/12/20, sheet 3 -4 of 4 dated 11/30/20, and Disposal Sheet I of 1 dated 12/11/19.
This permit, issued on April 7, 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
)i tnese terms may De subject to Imes, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) In order to protect juvenile shrimp and frnfsh 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.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -5 feet below the mean low water (MLW). In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Z///,P"�
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee

Ery Kahaya and JAM Properties, Inc. Permit No. 42-21
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.
6) In accordance with commitments made by the permittee, no excavation shall take place within 10 feet of
any Coastal Wetlands.
7) 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 [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
Spoil Disposal
8) No spoil material shall be placed within 30 feet of the normal high water line.
9) 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.
10) 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.
11) 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
12) 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.
13) 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.
14) 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.

i S
Ery Kahaya and JAM Properties, Inc. Permit No. 42-21
Page 3 of 3
ADDITIONAL CONDITIONS
General
15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
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. 2015-0418v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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.

1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAc;FMFNT
1. Primary ApplicanNLandowner lnformadon
Business Name
Project Name (if applicable)
NA
2307 and 2223 Middle Sound Loop Road Maintenance
Dredging
Applicant 1: First Name
MI
Last Name
Ery
nla
Kehaya
Applicant 2: First Name
MI
Last Name
JAM Properties, Inc. Go Dan Smith
n/a
n/a
Applicant 3: First Name
MI
Last Name
n/a
n/a
n/a
Mailing Address
PO Box
City
State
2307 Middle Sound Loop Road
n/a
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28411
USA
NA
NA
Street Address (if dilf/erent hom above)
Clly
Slate
ZIP
NA
NA
NA
NA
Email
[e-mail] & [e-mail]
2. Agent/Contractorinfonnation
Business Name
Land Management Group
Agent/ Contractor 1: First Name
MI
Last Name
Andy
n/a
Dortch
AgenllContractor 2: First Name
MI
Last Name
Grog
n/a
Finch
Mailing Address
Po Box
City
3806 Wrightsville Avenue, Suite 15
n/a
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28403
910-452-0001
am. Na
n/a tad. n/a
FAX No.
Contractor #
910-452-0060
n/a
Street Address (if different from above)
qly
State
ZIP
NA
Email
adortchAlmgrouD net- oflnch(riiImgroup net
Application for a CAMA Major Permit — November 2020
2307 Middle Sound Loop Road Maintenance Dredging
Wilmington, New Hanover County, North Carolina
Nov 12 2020
DCM WILMINGTON, NC

1. Project Location
County (can be multiple)
Street Address I
Stale Rd. #
New Hanover
2307 and 2223 Middle Sound Loop Road
n/a
Subdivision Name
City
State
Zip
n/a
Wilmington
NC
28411
Phone No.
Lot No.(s) (if many, attach addxonal page with list)
n/a
NA
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
White Oak
AINWV
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
New Hanover County
4. Site'Uescription
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
584' total; 306' Northern Property, 278 Southern Property
14.74 +/_ acres
c. Size of Individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
Northern Property = 7.75 +/- acres
NWL(normal waterleven
Southern Property =6.99+/_acres
0'to+30' ONHWor❑NWL
it' many lot sizes, please attach addittonal page with a list)
e. Vegetation on tract
Shrubs, trees and lawn grasses.
r
f. Man-made features and uses now on tract
Residential home, vacant and undevelopedland, docking facilities
g. Identity and describe the existing land uses adiacen to the proposed project site.
Residential homes and docking facilities. '
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?'
R-20S
(Attach zoning compliance certificate, if applicable)
®Yes ❑No []NA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo
k tiaa a profcoalonal archaeological assessment been done Tor 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 National ❑Yes ®No ❑NA
Register listed or eligible property?
RECEIVED
Application for a LAMA MajorPermit—November 2020
2307 Middle Sound Loop Road Maintenance Dredging
Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC

m. OAre there wetlands on the site? ®Yes []No
n Are there coastal wetlands on the site? ®Yes ❑No
Clio If yes to either i0 or QQ above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, If available) NO UPLAND DEVELOPMENT PROPOSED.
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, publle, or private use? ❑Commercial ❑Public(Govemment
RPrivate/Community
Is. Give a brief description of purpose, use, and daily operations of the project when complete.
The applicants propose to conduct maintenance dredging within the existing basin and access channel out to the AIW W, which
will be used for recreational boating, fishing, canoeing, and kayaking.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it Is to be stored.
Bucket -to -barge dredging is proposed for the current maintenance event Equipment will be stored on site if needed.
d. List all development activities you propose.
Maintenance dredging to -5 MLW. No upland development or additional structures are proposed.
e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance
If. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or RAcres high ground
-0.6 acres in excavation area will
generate —2,000 cubic yards of spoil
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes RNo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
No new discharges.
I. W,1l wastewater or atormwater be discharged into a wetland? -No new discharges []Yes ®Ne '❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No RNA
j. Is there any mitigation proposed? ❑Yes RNo ❑NA
Ifyes, attach a mitigation proposal.
RECEIVED
Application for a CAMA Major Permit —November 2020 NOV 12 2020
2307 Middle Sound Loop Road Maintenance Dredging
Wilmington, New Hanover County, North Carolina DCM WILMINGTON, Nt

6. Additional Information -
In addition to this completed application form, (MP-1) the following dems,below, if applicable, must be submitted in order for the application
package to be. complete. items (a)-(9 are always applicable to any majordevelopment application. Please consult the application instruction
booklet on how to properly prepare the required Items below.
a. A project narrative.
b. An accurate, dated work plat (inGuding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee.. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In
which to submit comments on the proposed project to the Division of Coastal Management.
Name CAMERON ELIZABETHB - - Phone No. NA
Address 2213'MIDDLE SOUND LOOP ROAD, WILMINGTON NC 28411 _
OR 3206 SHILOH ROAD, WILLARD NO 28478 "
Name ASHLYN LANE CONGDON REVOCABLE INTER VMOS TRUST Phone No. NA
Address 2309 MIDDLE SOUND LOOP ROAD, WILMINGTON NC 28411
Name - - Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perniltee, and Issuing dates.
US Army Corps Permit, JB Edwards, 6123/52; Elsie Kelly, 318100. #37-00; Ery Kehaya, #06-045, 8/22/06;
Ery Kehaya, CAMA Major Permit#M-15, 8124115 5/29/07, #07-037, 7/23108, #51383
Jam Properties Inc. c/o Dan Smith CAMA Permit Transfer#65-07, 111IM014
h. Signed consultant or agent authorization form, if applicable.
1. Wetland delineation, If necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.c.G.S. 113A 1-10), if necessary. If the project Involves expenditureof
public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
17. Certification and Permission to Enter on Land
I understand that any permit Issued in response to this application will allow only the development described in the application. The
project will be subject to the conditions and restrictions contained in the permit.
I certify that 1 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: 11/6/2020 Print Name: Andy Dortch . Agent. Land Management Group
i
Signature:
Please Indicate application attachments pertaining to your proposed project.
230CM(MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
Application for a LAMA Major Permit —November 2020
2307 Middle Sound Loop Road Maintenance Dredging
Wilmington, New Hanover County, North Carolina
RECEIVED
NOV 12 2vil
DCM WILMINGTON, NC
5

2. Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Access
Channel
Canal
Boat
Boat
Rock
Rock
Other (excluding
(NLW or
Basin
Ramp
Groin
Breakwater
shoreline
NWL)
stabilization)
Length
300'
175'
175'
Width
50'
25'-40'
50'
Avg. Existing
Depth
3.5 MLW
-3 MLW
-3' MLW
NA
NA
FinalDept Project
Depth
-5 MLW
-5' MLW
5' MLW
NA
NA
I1. 'EXCAVATION , , ❑ This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Sand
—2,000 cv
c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards.
(CM, submerged aquatic vegetation (SAV), shell bottom (SIB), or
other wetlands (WL)? If any boxes are checked, provide the. None
number of square feet affected.
❑CW _ ❑SAV ❑SB
❑WL _ RNone
(ii) Describe the purpose of the excavation in these. areas:
To maintain adequate depth for use
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
DA 228, outside USACE ROW adjacent to existing dike. 200' x 100', upland portions adjacent to DA 228 and existing
dike.
c. (i) Do you claim title to disposal area? d. (1) Will a disposal area be available for future maintenance?
❑Yes RNo ❑NA ®Yes ❑No. ❑NA
(ii) If no, attach letter granting permission from the owner. (ii) If yes, where?
See Appendix C. Same location.
e. (i) Does the disposal area include any coastal wetlandsrmamh
(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 disposal in these areas:
NA.
Application for a LAMA Major Permit — November 2020
2307 Middle Sound Loop Road Maintenance Dredging
Wilmington, New Hanover County, North Carolina
t (1) Does the disposal include any area in the water!
❑Yes RNo ❑NA
(it) If yes, how much water area is affected?
RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC
9

3. SHORELINE STABILIZATION ®This section not applicable
(!r development is a wood groin, use MP-4 — Structures)
�. ,rpc a,mrv,cuuo mmm�cauvo.
❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other_
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
o. Lengm:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12 months?
❑Yes []No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
Information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill Other
I. Source of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilizafion)
a. •(i) Will fill material be brought to the site? ❑Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water _
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
No land disturbing activities at the project site. Dredge spoil will be
placed along and adjacent to the existing diked disposal area
outside the USACE ROW on DA 228. See Appendix C.
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
NA
Date
11/6/2020
Project Name
2307 and 2223 Middle Sound Loop Road Maintenance Dredging
Applicmt None
Ery Kehaya & JAM Properties c/o Dan Smith'
Applicant sinhgtature
n',,� Dma
suomergeo agUS=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
III) Describe the purpose of the fill in these areas:
NA
b. What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Typical dock construction and bucket to barge equipment, backhoe,
excavator, barge and bobcatibulldozer.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
NA
, Agent, Land Management Group
Application for a LAMA Major Permit — November 2020
2307 Middle Sound Loop Road Maintenance Dredging
Wilmington, New Hanover County, North Carolina
RECEIVED
NOV 0 9 20ZO
DCM WILMINGTON, NC

0
December 11, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(rDNCDEN R. gov
SUBJECT: Dredge &Fill
Applicant: Ery Kahaya & Jam Properties, Inc.
ROY COOPER
Govrrnor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dlreclor, D,r,smn ofCrxivlal
Management
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and 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 January 6, 2021. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] 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.
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 29405 9197%7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANTS NAME: Ery Kehaya and Jam Properties, Inc. clo Dan Smith
2. LOCATION OF PROJECT SITE: 2307 and 2223 Middle Sound Loop Road adjacent to the Atlantic Intracoastal Waterway
. (AIWW) and Middle Sound, in New Hanover County.
Latitude:34°15'15.33952°N Longitude:77°46'54.01576°W
3. INVESTIGATION TYPE: D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—12/1/2020 Applicant Present— No
5. PROCESSING PROCEDURE: Application Received—111912020 (initial) 12/4/2020 (complete)
Office —Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — City of Wilmington/New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PTA, EW, ORW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - CFPUA
Planned - WA
(F) Type of Structures: Existing — Single family home, timber bulkhead, private docking facilities and channel markers
Planned — Maintenance excavation of access channel and basin
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: 1 . [AREA]
DREDGED .FILLED OTHER
(A) Vegetated Wetlands (Low Marsh)
(B) Non -Vegetated Wetlands
(Open water
—30,750 sq. ft.
(C) Other (Highground)
—54,000 sq. ft.
(D) Total Area Disturbed: —84,750 sq. ft. (-1.95 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA ORW Open: Yes
8. PROJECT SUMMARY: The applicants propose to perform maintenance excavation within an existing boat basin and
access channel, adjacent to the AIWW.
Kehaya / Jam Properties, Inc. c/o Dan Smith

Page 2
9. PROJECT DESCRIPTION:
The project site is located at 2307 and 2223 Middle Sound Loop Road, adjacent to the AIWW and Middle Sound, in New
Hanover County. To locate the properties from Market Street (NC Highway17), turn onto Middle Sound Loop Road and turn
right at the traffic circle adjacent to Ogden Elementary School, Travel east approximately 2.5 miles and the property of
interestwill be located on the right. The Kehaya parcel located at2307 Middle Sound Loop is approximately3.68 acres with
approximately 274' of shoreline frontage, currently stabilized by a timber bulkhead. The Jam Properties, LLC parcel located
at 2223 Middle Sound Loop is approximately 7.75 acres with approximately 290' of shoreline frontage stabilized by a timber
bulkhead. The properties average approximately 10' above normal high water (NHW). The applicant at 2307 maintains a
single-family residence and the highground vegetation consists primarily of live oak, ornamental landscaping, and
maintained lawn grasses. The applicant at parcel 2223 currently maintains a vacant lot with a paved driveway and the
highground vegetation consists primarily of pines, live oaks, and wild grasses.
Waterward of the applicants' shoreline and bulkhead there are existing private docking facilities within an existing shared
boat basin and access channel to the AIWW. The existing docking facility associated with 2307 Middle Sound Loop
(Kehaya)was authorized to the previous owner (Kelly)through CAMA General Permit No. 018123-D issued on 3/29/1999.
The basin and access channel were originally authorized on June 23,1952 to previous owners (Edwards and Merrill)
through Federal Permit No. 25-52 from the Wilmington District U.S. Army Corps of Engineers, which authorized the
excavation of the original basin/channel., The authorized project dimensions, at that time, were a 650' in length by 50' in
width, with a depth of -4.5' at mean low water (MLW). The previous owners and the current owner have maintained the
basin and access channel through State Permit No. 37-00, which expired on December 31, 2003. The dimensions of the
maintenance excavation of the basin, under State Permit No. 37-00 was 80' in length by 40' in width, to a depth of 4'
MLW. The access channel authorized dimensions were 260' in length by 20' in width, to a depth of-4' MLW. In 2015 the
current owners obtained' Stale Permit 84-15 authorizing maintenance excavation, however, prior to 2015 the basin and
access channel were maintained by the applicant through numerous CAMA General Permits. The dimensions authorized in
State Permit 84-15 included a 175' by 50' b6at basin, a 175' canal ranging in width from 2516 40% and a 300' by 59 access
channel to deep water. A depth of -5 MLW was authorized for all areas of excavation. The existing docking facility
associated with 2223 Middle Sound Loop (Jam Properties, Inc, c/o Dan Smith) was authorized through State Permft No. 65-
07, which authorized the construction of a private docking facility and maintenance excavation within the same boat basin
but expired December 31, 2016.
There is a border of Coastal Wetlands, varying between 35' in width in the area of the existing basin, to 500' in width
adjacent to both sides of the existing basin and access channel to the AIWW, This area is both marsh and inter -tidal mud
flats. The marsh consists primarily of Smooth Cordgrass (Spartina aftemiffora), which transitions towards the highground to
Spike Grass (Distichfis spicate), Sea Lavender (Limonium, slop.), Saltwort (Salicomia, spp.), Sea Oxeye (Bomchia
frutescens), and Salt Meadow Grass (Sparf/na patens). The vegetation then transitions to occasional shrubs, Marsh Elder
(Iva frutescens), Grounsel Bush (Baccharus halimifofia) and Wax Myrtle (Myrica cerifera) along the marsh's interface with
the area just waterward of the timber bulkhead. -
The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the
adjacent high ground portion of the project area as Residential. There are four (4) known archaeological sites within
approximately 0.5 mile of the project site (Nh 280, Nh281, Nh282, Nh283, and N11284). The waters of the AIWW are
classified SA-ORW by the Division of Water Resources and are NOT designated as a Primary NurseryArea (PNA) by the
N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish.

Kehaya / Jam Properties, Inc. clo Dan Smith
Page 3
PROPOSED PROJECT:
The applicants propose to perform maintenance excavation within an existing boat basin and access channel, adjacent
to the AIM The dimensions of the boat basin that are proposed for maintenance excavation are approximately 175'
in length by 50' in width. The proposed excavation of the canal area confined on both sides by Coastal Wetlands
would be approximately 175' in length, with a width ranging from 25' to 40'. The proposed dimensions for excavation
of the access channel located waterward of Coastal Wetland to the AIWW would be approximately 300' in length by 50'
wide. Final project depth for all areas of proposed excavation would be -5' at MILK The range in width for the
excavation proposed in the canal area that is confined by Coastal Wetland would be necessary to maintain a 10' offset
from the adjacent resource. The application states that the existing water depth within the shared basin and access
channel ranges from approximately -3' to -3.5' at NLW. Excavation would be accomplished by using a bucket- to -
barge method and would result in the removal of approximately 2,000 cubic yards (cy) of shallow bottom material.
The excavated material would be placed onto private property owned by Northeast New Hanover Conservancy located on
DA-228 outside of the USACE right-of-way. The applicant would be responsible forobtaining a consent agreement from the
USACE before crossing the USACE right-of-way to deposit spoil material,
10. ANTICIPATED IMPACTS:
The proposed dredging would result in the excavation of approximately 40,750 sq. ft. of shallow bottom, previously
disturbed based on permit history. The excavation of the basin by mechanical means will create steep side slopes and
subsequent sloughing, there by increasing the top width dimensions of the proposed project. All excavation will be 10' from
Coastal Wetlands. Approximately 2,000 cy of spoil material would be generated from the project and is proposed to be
placed on the highground portion of a private spoil island, DA-228. Short term increases in turbidity can be expected during
dredging activity.
Submitted by: Katharine Elks Date: 12/7/2020 Office: Wilmington

3. DCM MP-1 Section 6.0 Additional Information
3.1 Section 6. a. Project Narrative
3.1.1 Project Location and Existing Conditions
The project is located on the Atlantic Intracoastal Waterway at 2307 and 2223 Middle Sound Loop Road in
Wilmington, New Hanover County. Waters in the project area are classified as SA, ORW and are not open to
shellfishing. The project area is not located in a Primary Nursery Area.
The project has an extensive permitting history. The most recent permit was obtained from DCM in August of
2015 (#84-15). It authorized restoring the access channel and the basin to a -5 MLW depth. Existing docking
facilities located within the basin were permitted in 2014 (2223 Middle Sound Loop Rd) and 2015 (2307 Middle
Sound Loop Rd).
Current water depths have shoaled to -3' MLW to -3.5' MLW, underthe structures. Current water depths within
the basin range from-3.5'to -4' MLW in the middle portions to -2'to -3' MLW along some of the edges. Within
the access channel, depths generally range from -3.5' MLW to -4.5' MLW until they begin to taper down to the
deeper waters'of the USACE Navigation Channel.
3.1.2 Proposed Action
There is no upland work proposed. Due to water depths within the existing basin and access channel out to the
USACE Navigation Channel, maintenance dredging to the previously maintained -5' MLW is proposed. The 300'
x 50' access channel box cut to -5 MLW will generate approximately 900 cubic yards of dredge spoil, the 175'
canal (width varies from 25' to 40') will generate approximately 450 cubic yards and the 175' x 50' area
associated with restoring water depths around the existing docking facilities will generate approximately 650
cubic yards of spoil. Bucket -to -barge excavation is proposed, and the excavated material will be placed on DA-
228 outside of the USACE right-of-way along and adjacent to the existing dike. It is understood that a consent
agreement must be obtained prior to crossing the USACE right-of-way to place spoil material. See Appendix C
for details.
The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best
of my knowledge and belief. The project proponent hereby requests that the certifying authority review and
take action on this CWA 401 certification request within the applicable reasonable period of time.
RECEIVED
Application for a LAMA Motor Permit —November 2020 IM/ in a 2020
2307 Middle Sound Loop Road Maintenance Dredging ,
Wilmington, New Hanover County, North Carolina DCMBWILMINGTON, NC

ILMG
LAND MANAGEMENT GROUP
a DA&YJO mmpim
November 9, 2020
TO: Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 2307 Middle Sound Loop Road Maintenance Dredging
Ery Kehaya, Jam Properties c/o Dan Smith.
CAMA Major Permit Application Request
Katharine,
RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC
Please find enclosed a CAMA Major Permit application and supporting materials for the 2307
Middle Sound Loop Road Maintenance Dredging project located at 2307 and 2223 Middle Sound
Loop Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North
Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green
confirmation cards will be forwarded once received.
Please let me know if you have any questions or need anything in addition to accept the
application as complete.
Sincerely,
i
Andy Dortch
Land Management Group
Enclosure: CAMA Major Permit Application Package; Fee Check
cc: Ery,Kehaya, Jam Properties c/o Dan Smith
www.lmgroup.net • infoClmgroup.net • Phone: 910.452,0001 • Fax: [phone]
3805 Wrightsville Ave., Suite I5, Wilmington, NC 28403

ROY COOPER
Goven,or
MICHAELS.REGAN
Seaetmy
BRAXTON C. DAVIS
Dimcror
Andy Dortch
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
Dear Mr. Dortch
NORTH CAROLINA
EnvftnmenWgU.rrty
December 7, 2020
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Ery Kehaya and Jam
Properties, Inc. c/o Dan Smith, for State approval for development of the subject properties located at 2307 and 2223 Middle Sound
Loop Road, adjacent to the Atlantic Intracoastal Waterway(AIWW), in New Hanover County. It was received as complete on December
4, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 11, 2021. An
additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of
a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this
letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from December , 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 exempt es would be: Nailing the
notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where
a private road would lead one into your property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal
agency. Please contact me if you have any questions and notify me in writing If you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Katharine Elks
Field Representative
cc: Curt Weychert, DCM
USACE
Christine Bouffard, LPO
Robb Mairs, DWR
Ery Kehaya, Applicant
Jam Properties Clo Dan Smith, Applicant
North Cato@ta Department of Environmental Qu Ihy 1 DlvtslonofCoastal Management
Wilmington Office I R7Cardlnal Drive E re '9 - I w1101419MM North Carolina 2"05
9ID.796Zn5

is
'4
t.• f�
CAMA PERMIT
APPLIED IFDR
ce
- - --- - --- - --- -
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Ery Kehaya $Jam Properties, Inc.
2307 Middle Sound Loop Rd. N C D IV. o f i C oas t a-T N anagemen
Wilmington, ar ma r. .
Aoenia Land Management Grouo 1 ming On, .
Andy Dortch a arine S
[phone]

0
NDRiM CaPl'L
December 11, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice:
• Ery Kehaya & Jam Properties, Inc. / New Ilanover County
ROY COOPER
ciowriw
MICHAEL S. REGAN
liwll v
BRAXTON DAVIS
Dlremor. Dlvlt4e uf( v.1 M1irournmem
Hello Angie: Please publish the attached Notice in the Wednesday, December 16, 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, 910-7%-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.
LQ62-,,_
tpport & Customer Assistance
cc: MHC file
Curt Weychert - WiRO
USACE
State ofNonh Camlina I Envvonmental Qnality I Coasml Management
127 Cardinal Dow EV., Wilmington. 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 application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On December 7, 2020, Ery Kehaya & Jam Properties, Inc.
proposed to perform maintenance dredging within the existing boat basin & access channel at 2307 &
2223 Middle Sound Loop Rd., adjacent the AIWW, Wilmington in New Hanover County. A copy of the
application can be examined or copied at the office of Katharine Elks, N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext.; Wilmington, NC 28405, (910-796-
7424) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to January 6, 2021 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.

Contact Name * Andy Dortch
Contact Email Address [e-mail]
Project Owner Ery Kehaya and Jam Properties Inc. c/o Dan Smith
Project Name' 2307 and 2223 Middle Sound Loop Road Maintenance Dredging
Project County* New Hanover
Owner Address:* feel Address
2307 Middle Sound Loop Road
Address Line 2
City
Slate/Royvc /Rxjvi
Wilmngton
NC
Rstal / Zip Cbde
Country
28411
United States
Is this a transportation project?* r Yes (f No
Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification- W 401 WaterQualityCertificatlon-
Regular Express
R hdividual Permit r Modification
I- Shoreline Stabilization
Does this project have an existing project ID#?'
r Yes r No
Do you know the name of the staff member you would like to request a meeting whh?
no
Please give a brief project description below. *
RECEIVED
NOV 12 ?U(I
DCM WILMINGTON. NC

The project is located on the Atlantic Intracoastal Waterway at 2307 and
2223 Middle Sound Loop Road in Wilnington, New Hanover County.
Waters in the project area are classified as SA, ORW and are not open to
shelKshing. The project area is not located in a Primary Nursery Area.
The project has an witensive permitting history. The most recent permit
was obtained from DCM in August of 2015 (#84-15). it authorized restoring
the access channel and the basin to a -5 MLW depth. Using docking
facilities located within the basin were permitted in 2014 (2223 Middle
Sound Loop Rd) and 2015 (2307 Middle Sound Loop Rd).
Current water depths have shoaled to -3' MLW to -3.5' MLW, under the
structures. Current water depths within the basin range from -3.5' to 4'
MLW in the middle portions to -2' to -3' MLW along some of the edges.
Within the access channel, depths generally range from -3.5' MLW to -4.5'
MLW until they begin to taper down to the deeper waters of the LISACE
Navigation Channel.
There is no upland work proposed. Due to water depths within the existing
basin and access channel out to the LISACE Navigation Channel,
maintenance dredging to the previously maintained -5' MLW is proposed.
The 300' x 50' access channel box cut to -5 MLW will generate
approxrrately 900 cubic yards of dredge spoil, the 175' canal (width varies
from 25' to 40') will generate apprommately 450 cubic yards and the 175' x
50' area associated with restoring water depths around the existing docking
facilities will generate approgmately 650 cubic yards of spoil. Bucket -to-
barge excavation is proposed, and the excavated material will be placed on
DA-228 outside of the USACE right-of-way along and adjacent to the
existing dike. it is understood that a consent agreement must be obtained
prior to crossing the USACE right-of-way to place spoil material.
A written concurrence is requested since the proposed maintenance
dredge area will be in excess of 0.5 acres.
Please give a couple of dates you are available for a meeting.
11/17n020
11/18/2020
11/20/2020
12/1/2020
12W2020
RECEIVED
NOV 12 2020
Please attach the documentation you would like to have the meeting about.
CAMA Appllo Lion-2307 Mddle Sound DCM WILMINGTON. NC
11 53MB
Loop.pdf
Of «+v
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application unfit 30 calendar days after this pro -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.

Your projects thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive.notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
Oslo
Submittal Date 11/12/2020
RECEIVED
NOV 12 2020
®CM WILMINGTON. NC

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: JAM Properties, Inc. c/o Dan Smith
Mailing Address: 1838 Sir Tyler Drive, Suite 201
Wilmington, NC 28405
Phone Number: 910-200-3454
Email Address: dangshp2.com
I certify that I have authorized Land Management Group
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessaryfor the following maintenance dredging
g proposed development:
of basin, channel, and access channel
at my property located at 2223 Middle Sound Loop Road, Wilmington NC 28411
in New Hanover County.
Y
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Propfflrty Owner nformation:
Signature
�i r�()T] F 1 6)1-41)
Print or Type Name
Owner - 2223 Middle Sound Loop Rd.
Title
l�(L12020
Date
RECEIVED
This certification is valid through 12 /31 t2021 NOV 0 9 2020
DCM WILMINGTON, NC

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Ery Kehaya
Mailing Address: 2307 Middle Sound Loop Road
Wilmington, NC 28411
Phone Number:
Email Address:
[e-mail]
I certify that I have authorized Land Management Group
/ Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: rnainWna@6 ng
of basin, channel, and access channel
at my property located at 2307 Middle Sound Loop Road, Wilmington NC 28411
in New Hanover
County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
4
�� 4L /—�
V C,/ Signature
Ery Kehaya
Print or Type Name
Owner - 2307 Middle Sound Loop Rd.
TWO
12020
Date
This certification is valid through 12 31 12021 RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC

4LMG
LAND MANAGEMENT GROUP
a DI ILA company
November 6, 2020
CAMERON ELIZABETH B
2213 MIDDLE SOUND LOOP RD
WILMINGTON, NC 28411
To Whom It May Concern:
Ery Kehaya and ]AM Properties, Inc. are applying for a CAMA Major Permit for development activity on
their property located at 2307 & 2223 Middle Sound Loop Road, New Hanover County, North Carolina. The
specifics of the proposed work are shown in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development to give you the opportunity to comment on the project. Please review the attached permit
application and drawings. Appendix B and C of the application may be delivered upon request. Should you
have any objections to this proposal, please send your written comments within 30 days of your receipt of
this notice to:
Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
[e-mail]
Sincerely,
Andy Dortch
Land Management Group
Enclosures RECEIVED
www.lmgroup.net • Phone: [phone] • Fax: [phone] NOV U 9 2020
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
DCM WILMINGTON, NC

tLMG
LAND MANAGEMENT GROUP
a DAVEA company
November 6, 2020
CAMERON ELIZABETH B
3206 SHILOH ROAD
WILLARD, NC 28478
To Whom It May Concern:
Ery Kehaya and JAM Properties, Inc. are applying for a CAMA Major Permit for development activity on
their property located at 2307 & 2223 Middle Sound Loop Road, New Hanover County, North Carolina. The
specifics of the proposed work are shown in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development to give you the opportunity to comment on the project. Please review the attached permit
application and drawings. Appendix B and C of the application may be delivered upon request. Should you
have any objections to this proposal, please send your written comments within 30 days of your receipt of
this notice to:
Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
[e-mail]
Sincerely,
1
Andy Dortch
Land Management Group RECEIVED
Enclosures
NOV 0 9 2020
www.lmgruup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite IS, Wilmington, NC 28403 DCM WILMINGTON. NC

LMG
LAND MANAGEMENT GROUP
a DAYEA company
November 6, 2020
ASHLYN LANE CONGDON REVOCABLE INTER VIVOS TRUST
2309 MIDDLE SOUND LOOP ROAD
WILMINGTON,NC 28411
To Whom It May Concern:
Ery Kehaya and )AM Properties, Inc. are applying for a CAMA Major Permit for development activity on
their property located at 2307 & 2223 Middle Sound Loop Road, New Hanover County, North Carolina. The
specifics of the proposed work are shown in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development to give you the opportunity to comment on the project. Please review the attached permit
application and drawings. Appendix B and C of the application may be delivered upon request. Should you
have any objections to this proposal, please send your written comments within 30°days of your receipt of
this notice to:
Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
[e-mail]
Sincerely,
Andy Dortch
Land Management Group
Enclosures RECEIVED
www.lmgroup.net • Phone: [phone] • Fax: [phone] NOV 0 9 ZOZO
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
DCM WILMINGTON, NC

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FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX
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FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX DCM WILMINGTON, NC

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November 6, 2020, 4:43 pm
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WILMINGTON, NC 28403
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Tracking Number: 70181130000179305741 Remove X
Your item was delivered to an individual at the address at 2:15 pm on November,l0, 2020 in
WILMINGTON, NC 28411.
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November 10, 2020 at 2:15 pm Q
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WILMINGTON, NC 28411
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November 10, 2020, 2:15 pm
Delivered, Left with Individual
WILMINGTON, NC 28411
Your item was delivered to an Individual at the address at 2:15 pm on November 10, 2020 in
WILMINGTON, NC 28411.
November 10, 2020, 12:55 am
Departed USPS Regional Facility
FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX
RECEIVED
DEC 01 2020
DCM WILMINGTON, NC

November 9, 2020, 4:55 pm
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FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX
November 9, 2020
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D kFEY#_
Dortch, Andy <[e-mail]>
Fwd: 2307 Middle Sound Loop Road; Dredge Disposal Request
5 messages
Finch, Greg <[e-mail]>
To: Andy Dortch <[e-mail]>
Greg Finch I Environmental Scientist - CAMA Section Manager
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
------Forwarded message From: bushardt <[e-mail]>
Date: Mon, Oct 19, 2020 at 4:18 PM
Subject: Re: 2307 Middle Sound Loop Road; Dredge Disposal Request
To: Greg Finch <[e-mail]>, Williams, Kimberlee <[e-mail]>
Fri, Nov 6, 2020 at 10 46 AM
Kim,
You have permission to use our dredge spoil island. We have been having some of the dredging
customer give a donation of NENHC for use of our island. It would be nice if these new customers
did.
Paula Bushardt
President
NENHC
On Monday, October 19, 2020, 04:07:42 PM EDT, Williams, Kimberlee <[e-mail]> wrote:
Hi Paula
I hope you are doing well! I would like to request authorization for disposal site use in association with a maintenance
dredging project we are working on at 2307 Middle Sound Loop Road. Specifically, we are requesting a one-time
authorization to place approximately 2,000 cubic yards of dredge spoil from the basin and access channel on the
Conservancy's island. A site location map and plan is attached. If you are in agreement with the proposed work, please
email me back granting authorization for our records.
Please let me know if you have any questions or need additional information.
Thanks!
Kim
Kim Williams I Environmental Scientist
Land Management Group I Environmental Consultants
Direct: 910-452-0001 x 1908 1 Cell: 910.471.6035 1 Fax: [phone]
3805 Wrightsville Ave., Suite 151 Wilmington, NC 28403
Email: [e-mail] I Website: w .lmgroup.net

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Permit Number
,
65 07
;
STATE OF NQRTH CAROLINA
°
Department'6f Environment and Natural Resources .
'and:'
Coastal- Resources Commission
=i er nut -
for••'
" % 'Ma)or:Developmeiif In an Area of Environmental Concern '
pursuarit•to NCGS''113A;1"I8 3
X Excavation and/or filling -pursuant to'NCQ.S 113 224
i•ties Inc c/o Dan Simith 1838'Sfr Tyler Drive`STE'210 Wilmineton NC28405
z' ment in, New_Hanover County at adt to AIWW alld Maser'
Authorizing: develops Inlet. =3Mddle.
• .. Souud,Lo6p RL. Mliiiitudou ', as requested in the .pertnrttee's application dated •1-218/06, �_Jqgbr a a hed.:.
This permit, issued oh. November 13is subleot to.cota lHance with tlie application;(where wnsisterit'.i
with the permit) ail applicable regulations, special conditions andinotes set forth (ielow Any violation;of these terms may
be sublect_to fines imprisonment orcivtl acnon;or may cause the peripitto ba null and voidr-
„ . Dockine Facility
{ r.
$ '1)' Unless spectficaily altered herein, this permlt;apthonzes only the Books, piers, and otherstructures:and
E uses located' in or over the water that are expressly and'sspectfrcalI' set forth 1n the attached peimit
I' application and:workplan,drawrngs No other structure, whether flpating ortstationary,shalLbecome a '
_ • permanent part.of tthivdockih9,Tacility without permrt,utgdt$catron. No^non water dependent uses; of
structures shall'.lse conducted on iniorF6ver public trust waters w¢hout permit iriodrficahon:
•2 No sewsg e, whether treated or untreated, shall be discharged at any time from any boats using the^
dogj&g-faQi1ity.. Any, sewage'dis-6harge'atlthe;doelang.,facility shall be considered a violation,ofi,thrs
permit for which theipecmittee is responsible This proliil Trion shallabe app)ic' andienfoi'ced throughout,',
the entire existence of the ipermrtted strucuiee
(See attached sheets for Addilional gnndi'ttons)
r ms Perna acuen ;may oa appUd4uu vy Mu,"
!pu. �
other qualified persons within twentyi(20) days Oenssying;' Chaitmaniofthe,Cbastil ResourcesCommi_ssion
: This permit shall. be accessible "on4ne'�t0 Depaitment'
personnel wticn the pmject is inspected for compliance
" Braxtot C:Davis,.Direetor
Any maintenancework or project:. modificationnot covered', - 'DIVISLOn O�CoaStal �Vlahag0mefit�`i
hereunder-reguiresfuCthetDiVision�approbal4
All work shall cease when the patmit ex_plres on Itus;pFithMitions,arcratg typ`
Decemher30014' " 3 NOV 0:9 2020
DCM WILMWGTON,-NC :;
In issuingthispermit, the Stat&tof North Carotins agrees) = NOV i' 3 iota
that your project is coiisistent with the North Carolina Coastal Henn inm 1lA tKlt^TON NC
ivtanageinenfProgram, �$llaturerof Perrnittee
FAWwaeatOAvi+m+iaM%�`h"FNJ.eAW>M6Y��+�,", ^Yn4�^�iY.44• W)YhN4�4f4NM-0!. ATV`^bIY.00YN'C�TYFti4t�'��j�'%K4%a�At

tr.+,V4S�� dWt'}iQiS/4kV0%Om8C4MhPFf'W%'h�/MCS.�\41 i{KV�WHOJOC.MY� WfA0.Y'4,0}}[O40Q0.^it?Yil%:.db
Jaxn Properties Ine.-Oo•Dan Smith Permrt # 65 07Jls
7
Page 2"of 4 I
ADDITIONA X-COITIONS
3) , Alhporttons o£ the access pier, located. over, Coastal Wetlands shall, not exceed a'width of 6. ft ai}d shall~
be elevated a minimum df`3',feet above the. marsh, substrate; as measured from the •bottom, of the decking i
4).': The authorized covered gazebo)shall+not be, enclosed Anypiaterial`used on the•stdes shall not obstruct
view and shall'be permeable to�air aril water ' Screen or -wire on tlie'sides along with'benches and knee
' wails'are permitted. Lattice is+specificallyiexcluded fromWbemg usedlunder this authorization
Sf: The roofof�thecovered;platform_shall' pot, be-designedfor,secondstoYy use '
'6) in accotdance:w th commitments, made tby the: pertnittee„cioss supports/rwinersshell be installed on''the'
i` floating dock at east one foot above ;the bo6ih,iubstrate;to prevent, the floating dock from re -tin on
the bottom during peritids'of low, tides The cross supports/runders shall remain mlplaa' for the life, of
- the dockmgd'acility =
7), The pier and associated,structures sha11&ave a niuumumsetback.4listance of 15,feet between any parts
1, of>,tiie,structure and the ad"acent ro a owner's rt ariaa access coimdor. This eorrid6rvAi determined ,
J. p p.. ttY p
by drawing, a' line parallel to the cliartnel, then drawing, a lme+perpenducular jto the channel hoe°that, I
intersects withithe shore at,the point where the:uplagdprgperty linenieets the waters edge:: �' f
6_ -
¢ 8) In order to ensurecompliance with •'Condition fNo '7 of this permit, anas Built stmvey shgwmgdthe ¢
location and' dunensions� _of the pbr struoted structure, ,and the distance to the neighbdrmg riparan {
corridors, shall' be pei[orined on the "facihiy, aqd' copies, of the suruey'slaall' be;proutded tq the Division _,]
_ of Coastal Management, within 601days of cotnplehon og consmictton .�
r NOTE.- Failure to provideathe surveyregwred in Cand[tton6lVo 8 shall result m a violation of this permit J t
1 +. A 1f Y
i 9)' . No attempt shall be mafle,by,the permittee to,preuent the°full and free use by the,pubhc of all navigable
waters at or adjacent to the-autho�tzed Mork
' 10) IThepertnittee shall matntain,the autlioFtzed work m good%condition;and m conformance with the terms
and,conchtions`of this penitit The'peimittea is not reCisuedr;of',Ih>s requireme>it tf he=abandons`the
permitted activity wtthoutihavmg it;transferred to a,third,party ¢gg'j
This,pernutdoesnotauthorize,the,interferenaewith,any•eiitstmg{orproposedl$ad`eralwptoleot„and', $g,,
t permittee shall?notxie'entifiedytohcompensation ib> damage touthe autharized structure or work, or ii,ju 8:
that. may be••caused fratriNexrstrng or future o�eratt4psT1iitdeCtaken?by tiie lJiuted` States m tfiie public
4 C
4t
13)� The;permittee.shall instill!and mamtam atihis experise,any signal ltghtstor signals prescribed by the U S
' Coast Guard„ tl rough regulation or,otherwtse;-,gn ihe'authonzed:facilmes `At a minimum; perivanen,
reflectors shall, be attached to the structure fitr;orde> to make it mora:ulsible during hqurs q£ darlrness or.
inclement. weather. °
13j This permit _aufhortzes a;maxttiiuiii of+tittee boat shpsREC&I 6, i _T L� j
p 11 luIINGTON, NG
io:-»�-.auoeow»ne,wa4-waKaYe%M°"xsw�ia roePat'?��c�%���tt�'�It'iMti`1i1������'"""F'.ri""?"?➢ 5'•'- ',�*.°? ;'7

•• - H4?H?w+�H4,,dNe,S0ex9eaw,wea'ra»aoci:tM)Y.i[wdPa4.Hx-`MYA.M/.aV.M.I-YSNia0.V'.ti ::auti>x'iNtYnv+JiX<M'FhN 4..Y/A�P'Mh*4'/.�>� �
Jam Properties Ine.i&, Dan S nitli NrniftW 65 07
-Page 3'of 4
ADDITIONAL CQNDITIONS
14) Excavation shall not exceed -4 feet'below the normal: low water level In no case shall aha depth of
excavation exceed the depth of connecting,waters
15 Unless s ecificall altdred:herein, the dimensibns of the area to.be dredged -shall not exceed that as
P y :i
expressly and specifically. set forth' in the attached p _i i t application and:workplan dr'awmgs Any
proposal to change the area to be dredged A611'requlir.permit modification.
1� No excavaiion,shalltake place within 10 feet of any, CoastalWetlands. 1
17), No veg etated wetlands shall;be•excavated�or. filled. -
18) Thetemporary,placement-or double.handling:of!fillimaterialswithin•waterstorvegetated '-etlands is.not -�
authorized:
33$ 19) All excavated materiaKshall be copfined to the area indicated on theattached workplan drawing behind j
adequate dikes or other retaining structures to.,prevent spillover of solids into any marsh or surrounding
waters.
Shoeehnes$tabilization'
20)- Thealignment of the authorized bulkhead shall''hc staked by a�representative of the Division of Coastal
gg Management within a maximum of 30 days'priQr to the start oflany consttugtton Ratlure to`mifiate
F. donstvction wiihm 30 days or erosion of the .shoreluie lly adverse-w_ Father conditions shall require the .I
alignment to 'be restaked ib.y DCIvI_. within a maximum, of 30 days_ prior, to. the new expected start of i!
construction- ` ).
21) The bulkhead .sh ti belocated 1pdWatd of any, coastal wetlands and' at or above the normal lughrwater ; .-1
line:.
22)Tlie bulkhead,shall be consttuctedprior to any'backfilhng activities'
'23) ' The bulkhead :shall' be :structurally -tight so gas to ipr8vAl seepage of back -fill! materials through the .�•
-structure.
24) The bulkheadlshall -be solid'and constructed, of treated wood, concrete slabs metal sheet piles or other
suitable iaterials approved byddpartment'personnel
25) The'backfill material: shall be clean,;and free of'any pollutants,except'in trace quantities. _
26) All backfill material shall be confined behind ttie pennitted_liulkhead t :cI; ED 3I
'RECEIVED L)C KA WILMIN=N, NQ
:- NOY o s W l�ov � 3 2D1�
DCM WILMINGTON NC

°.
Jam Properties Inc c/o -Dan Smith PermrC #
Page 4 of 4
ADI)ITTONAL CONDITLONS
'Sedimentationand'Erosion;Control A `
4•`
27) Appropriate sedimentatton!,and erosion controlidevrces; measures or s'tructures shall be'implemented'to
ensure that'eroded materials do not•etiter ad acent wetlands, watercourses and,'ro er[
J P P Y i'g silt feneez
diversion swales or berms; etc) ' Af a mmimum a silt Fence shall` _be properly installed immediately
landward of theaulkhead cap nimediately following completion of liackfthtng actturttes `
- '
28j" All disturbed areas shall be properlygraded and provided'a ground cover'sufficient to restrain;erosion
y nt}iin thi tq days,of proJeet completion: '
Genera ~,
29). The.,permittee tipderstands and agrees that, if future operations by the United',States-requires the
removal, relocation or other alteration of the structure+or-work ;authorized by tins pemut or if., m, the
opinion of the,Secreiary of:the �4rmyt or hisfauthorized representative,;said structure or work shall+cause
unreasonable oils_"truchon .to free navigation of °,the navjgable waters, the peiaitittee, shalt°be regturecf
upoff due notice •from the Corps of -Engineers, to remove, relocate or alter the structural work: or
obsrnietions.caused thereby, without exponae,tb, the United �5tates;.or• the'state:of-North Carolina: IVo
claims shall be trade against 4fie, United States 'or the state of North, ;Carolina ton account of any such
remo_ Val onalteration _ ` ' 'i:rl - ._.
NOTE This permit does not elirpmate the need: to obtain eny additional state, �federal�Oz local'permits.
• " approval's or autfiorixations #hat may bg;regutred:: a =
'Future ,development of the ip'ermittee s,proporty".may require 'a modification of.'this permit
$ -_ COIItaet a TCriICSeQtatlVeaOf .the',Dl>ti]sinn. ati(001,79R i�t,k',:hwnr. tn�.thn%nnhawa.....ra,,.e..t
uepenucnc,acuvmes:aW. riOT auucorizeciwitnm s0 teeNot the normal high water level',
NOTE: The N C.°Aimsion of Water'Quality has'<atithorrzed the proyosed'�proJect under General' Water d
f Quality Certification•;Xb 3A01P WQ Project, rQ70253), which was issued on 4/l l/07
NOTE., The U S. Army C,60§, of Engineers authorized'the:proposediprolect under General PermftNo
197800056, 4t98000291, and' 198200277='(COE Action,Id )No., SAW 2007 131�9 F065) which tiyas
'is suedtoti 4/6/07tt '
NOTE r The expi'rahon date ofthislpermtt has,been extended;in+accord'ance with;Sessionl%aw 2009 4 , 3 "
and:amended by Session LWw,10AD77,=
RECEIVED .RECEIVED
V>=D; =' ,
DCM 1NI1.M1NG,`TO C
- �lQV=1'3 20a4 ,
t I GTON NC

Permit Class
NE W
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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
84-15
Issued to Ery Kehaya 2307 Middle Sound Loop Rd Wilmington, NC 28411
Authorizing development in New Hanover County at L. to Middle Sound, 2307 Middle Sound
Loop Road. Wilmington as requested in the permittee's application dated 3/24115 incl attached
workplan drawings (5) 1- 5 of S. all dated received by DCM Wilmington 3/27A5.
This permit, issued on August 24, 2015 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
7e subject to Tines, imprisonment or civil action; or may cause ale perinlL LV uG rlwl auu YU ,
Excavation
1) In order to protect juvenile shrimp and fmfish 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.
2) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -sits 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, 2018
In issuing this permit, the State of North Carolina agrees
that yout project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Braxt i(C, Davis, Director
Division of Coastal FM''anagement
This permit and its conditions are herehy�a YflVE❑
NOV 0 9 2020
JUCM WILMfPer,NC
Signatureeoof Permittee

Ery Kehaya
ADDITIONAL CONDITIONS
Permit #84-15
Page 2 of 3
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
'wetlands is not authorized.
4) No excavation shall take place outside the area on the attached workplan drawings.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or. surrounding
waters.
6) In accordance with commitments made by the permittee, no excavation shall take place within 10 feet
of any Coastal Wetlands.
Spoil Disposal
7) No spoil material is to'be placed within 30 feet of the normal high water line.
8) All unconsolidated material resulting from associated grading and dredge spoil placement shall be
retained on site by effective sedimentation and erosion control measures
9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
10) 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.
Docking Facility
11) This permit authorizes only the structures and uses located in or over the water that are expressly and
specifically set forth in the permit application. No other struct re, 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.
12) 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 party.
13) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconstructed docking facility. Any sewage discharge at the reconstructed 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.
RECEIVED
NOV 0 9 2020

Ery Kehaya
ADDITIONAL CONDITIONS
Permit #84-15
Page 3 of 3
14) 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, ou the authorized facilities. At a minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
15) The proposed structures shall have a minimum setback distance of 15 feet between any parts of the
structure and the adjacent property owner's riparian access corridor, which is determined by drawing
a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with
the shore at the point where the upland property line meets the water's edge.
16) 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.
17) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or
injury which may be caused from existing or future operations undertaken by the United States in the
public interest.
General
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) The pennittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Colps of Engineers authorized the proposed project by way of Nationwide
Permits 35 and 16, and General Permit 197800056 (Action ID No. SAVE`-2015-01038), which
was issued on 6/11/15.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification numbers 3883, 3894, and 3888, (Project No. DWQ-15-0418), which was
issued on 6110115.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 waterN96—EIVED
NOTE: An application processing fee of $400 was received by DCM for this project.
NOV 0 9 2020
DCM

Tammy Theusch Beasley
Register of Deeds
New Hanover County, NC
Electronically Recorded
2014 Dec 04 11:19 AM RE Excise Tax$4,500.00
Book: 5855 Page:351 Fee: $26.00
Instrument Number:2014032472
Non -Standard Fee: $0.00
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: S 4,500.00
parcel Identifier No. R04500-006-009-000 verified by County on the _ day of 20_
By:
Mail/Box to: Dan Riao,Attorney,14131 Highway 50, Surf City,'NC 28443
aThis instrument was prepared by: Dan Rizzo Attorney,14131 Highway 50, Surf City, NC 28443
1) Brief description for the Index: LOT 10,11,12 and aPart of 13, Palmetto Bluffs
t
THIS DEED made this 2nd day of December 2014 by and between
Ellison I, LLC
Post Office Box 403
Wrightsville Beach, NC 28480
UKAN"fht,'
JAM Properties, Inc.
1838 Sir Tyler Drive, Suite 210
Wllmington,NC 28405
Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as requiredby context
WITNESSErK that the Grantor, fora valuable consideration paidby the Grantee, thereceipt ofwhich is herebyaclinowledged, has and
by thesepresents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the
City of Wilmington Township, New Hanover County, North Carolina
and more particularly described as follows:
See Exhibit "A"attached hereto and made apart hereof.
RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC
The property hereinabove described was acquired by Grantor by instrument recorded in Book 5000 page 2022
All or a portion of the property herein conveyed _ includes or Z- does not include the primary residence of a Grantor.
A roap showing the above described property is recorded in PIat Book page _
NC BarAssoeiadonForm No, 3 01976, Revised ® UIP-OW
Printed by Agreement with the NC Bar'AS.teeiarlJn .,
submitted electronically by 'ban Rizzo, Attorney"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.

TO HAVE AND TO HOLD the aforesaid lot orparcel ofland and allprivileges and appurtenances thereto belongingto the Grantee in
fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of thepremises in fee simple, has theright to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the -
lawful claims of all persons whomsoever, other than the following exceptions: Subjectto easements, restrictions and rights
of way of record, if any and ad -valorem property taxes.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
— / idison I, LLC (SEAL)
arpa) Print/PypeName:
By:
PrintlType Name & Title:, member/manager Prin"e Name:
Print rrype Name &
Print/type Name & Tide:
Printflype Name:
(SEAL)
PrintlType Name:
State of - County or City of
1, the uudersigued Notary Public of the County or City of and State aforesaid, certify that
personally appearedbeforemethis dayand
ackuowledgedthe due execution of the foregoinginstrument for thoputposes therein expressed. WituessmyhandaadNotatialstampor
seal this —day of . 20_.
My Commission Expires: Notary Public
(Affix Seal) Notary's Printed or Typed Name
State of North Carolina' - County or Cityof New Hanover
6I, the undersigned It Public of the County or City of New Hanover and State aforesaid, certify that
f. t e. A ( t � 0 {t1 personally camebefore me this day and acknowledged that jie is the
m�ier/manager of Ellison I, LLC a North Carolina or
corporation/limited liability company/general partnershipilimited partnership (stripe through the inapplicable), and that by authority
duly given and as the act of such entity, a signed th� regoing instrument in its name on its b alf as its act and deed. Witness
my hand and Notarial stamp or seal, this day of d 17
pO d34U
My Commission Expires , 0 it 6 n� •• OI ��� `..Yb�
(Affix Seal) '
State of
I, the undersigned Notary Public of the
Witness my hand and Notarial stamp or seal, this
My Commission Expires:
(Affix Seal)
NC Bee Association Fonn No. 3 01976, Reviser 0 I/r2010
Printed by Agreement w1W the NC Bar Assoclation
or Typed Name
and State aforesaid, certd'ythat
20_.
No[ary Public
Notary's Printed or Typed Name
RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC

PA
TRACT 1: Being all of Lot 10 of Palmetto Bluffs Subdivision, also known as'a Division of
the Sneeden Middle Sound Property, as shown on a Map prepared by M.H. Lander recorded in
Map Book 4, Page 109, in the Office of the Register of Deeds of New Hanover County.
TRACT 2 (Marsh): Beginning at the northeastern comer of Lot No. 10 ofPalmetto Bluffs
Subdivision according to. a map-thereofprepared by M.H. Lander, C.E., and duly recorded in
Map Book 4, Page 109, ofthe New Hanover County Registry, and running thence South 42
degrees 48 minutes East along a prolongation of the dividing line between Lots 10 & 11 of said
Palmetto Subdivision 600 feet more or less, to apoint in the western right-of-way line of the
Intracoastal Waterway; and running then southwestwardiy, along the westerly line of said
waterway,100 feet more or less to a point that would be midway between the intersections of
said waterway line with the prolongation of the dividing lines between 10 and 11, and Lots.8 and
9 of said Palmetto Subdivision; thence a northwesterly course to the southeastern corner of Lot
No. 10 of said Palmetto Bluffs Subdivision as shown on the said map thereof thence North 86
degrees 9 minutes East with the eastern end of said Lot No. 10, 26.16 feet; thence continuing
with said eastern end North 70 degrees 35 minutes East 83.7 feet to the point of Beginning, the
same being a tract ofmarshland located between the eastern line of Lot No. 10 of said Palmetto
Bluffs Subdivision and the western line of the Intracoastal Waterway right-of-way. Being the
same tract described as "Fourth Tract" in deed recorded in Book 2896, Page 753, and being a
portion of the property described in a deed to Leslie M Merrill and wife recorded in Book 436,
Page 140, of the aforesaid Registry.
TRACT 3: Being all of Lot 11 of Palmetto Bluffs Subdivision, also known as a Division of
the Sneeden Middle Sound Property, as shown on a Map prepared by MIL Lander recorded in
Map Book 4, Page 109, in the Office of the Register of Deeds ofNew Hanover County.
TRACT 4 (Marsh): Being all of the marsh land and property lying between the southeastern
boundary of Lot 11 described above in Tract 3 and the northwestern edge of the Intracoastal
Waterway, located between the extended side property lines of Lot 11 if said side property lines
were extended southeastwardly to the edge ofthe Intracoastal Waterway. Being a portion ofthe
tract described as "Second Tract^ in deed recorded in Book 2896, Page 753.
TRACTS: Being all of Lot 12 of Palmetto Bluffs Subdivision, also known as a Division of
the Saneden Middle Sound Property, as shown on a Map prepared by M.H. Lander recorded -in
Map Book 4, Page I09, in the Office of the Register of Deeds of New Hanover County.
TRACT 6 (Marsh): Being all of the marsh land and property lying between the southeastern
boundary of Lot 12 described above in Tract 5 and the northwestern edge of the Intracoastal
Waterway, located between the extended side property lines of Lot 12, if said side property lines
were extended soutbeastwardly to the edge of the Intracoastal Waterway. Being a portion of the
tract described as "Second Tract" in deed recorded in Book 2896, Page 753.
RECEIVED
ExhibitA—Page 1 of NOV 0 9 2020
DCM WILMINGTON, NC

TRACT 7. Beginning at a concrete monument in the southern line of the Middle Sound Loop
Road (30 feet from its centerline as measured at right angles thereto), said monument also
marking the northwestern comer of Lot 13 and the northeastern comer of Lot 12 of the Palmetto
Bluffs Subdivision as shown on a Map prepared by MIL Lander, C.E., dated August 9,1948,
and recorded in Map Book 4, Page 109, in the Office of the Register of Deeds ofNew Hanover
Comity; running ring thence from said beginning point and along the southern line of the Middle
Sound Loop Road, North 52 degrees 38 minutes East 9.7 feet to a railroad spike in the centerline
of an asphalt paved driveway; thence along the centerline of said driveway South 63 degrees 29
minutes East 94.7 feet to another railroad spike in the turn of said driveway; thence continuing
with said driveway South 58 degrees 41 urinates East 68.0 feet to a railroad spike located in the
centerline of a driveway leading to the residence on the former property of Marcus,L. Goldstein;
thence South 15 degrees 26 minutes East 135.0 feet to a concrete monument in the dividing line
between Lots 13 and 12 of Palmetto Bluffs Subdivision; thence with said dividing line North 42
degrees 48 minutes West 274.8 feet to the point of beginning, containing 0.22 acres and being
part of Lot 13 of Palmetto Bluffs Subdivision, according to a survey by George Losak, RLS.
Subject, however, to an easement and right of way I0 feet southwardly from the centerline of
said asphalt paved driveway, and together with an easement and right of way 10 feet northwarily
from the centerline of said driveway, said centerline being described as follows: Beginning at a
railroad spike in the southern line of the Middle Sound Road North 52 degrees 38 minutes East
9.7 feet from the northwestern comer of Lot 13 of Palmetto Bluffs Subdivision, and canning
thence South 63 degrees 29 minutes Past 94.7 feet to a railroad spire; thence South 58 degrees
41 minutes East 68.0 feet to another railroad spice. Being the same had described. as "Fifth
Tract' in deed recorded in Book 2896, Page 753, and also being the same property described in a.
deed to Leslie M. Merrill recorded in Book 752, Page 273, of the aforesaid Registry.
NOW. No warranty oftitle is made as to any portion of Tracts 2, 4, or 6 lying below the high
water marls.
RECEIVED
NOV 0 9 2028
Exhibit A— Page 2of2 DCM WILMINGTON, NC

ERY W KENAYA II- MAIL
2307 MIDDLE SOUND LOOP RD
WILMINGTON NC 28411
200700PS49
FOR REGISTRATION
N.REGISTER OF DEEDS
NEY MTH
HANOVER COUNTY, NC
2007 JAN 11 12:06:34 PM
BK:5128 PG:324-326 FEE,$17.00
IN5361 f 200100 S
i
NO REVENUE STAMPS NORTH CAROLINA DEED OF GIFT
Drafted by: Narron & Holdford, P.A., P. O. Drawer 279, Wilson, NC 27894-0279
No Title Examination or Closing Included.
State of North Carolina PIN R05200-002-00 1 -000
County of New Hanover
THIS DEED OF GIFT made this 6te day of December, 2006, by ELSIE W. KELLY, Unmarried, the
GRANTOR, to ERY W. KEHAYA,11 and SHARON S. KEHAYA, as tenants in common with a one-half
undivided interest each, the GRANTEES, whose mailing address is 2305 Middle Sound Loop Road,
Wilmington, NC 29411.
WITNESSETH:
In consideration of the natural love and affection which the GRANTOR has for the GRANTEES and the
further consideration of Ten Dollars ($10.00) and other valuable consideration paid to the GRANTOR by the
GRANTEES, the receipt of which is hereby acknowledged, the GRANTOR has given and hansfemd, and by
these presents does hereby give, transfer and convey to the GRANTEES, their heirs and assigns, that certain
tract or parcel of land lying and being situate in Hamett Township; NEW HANOVER COUNTY, North
Carolina, and more particularly described as follows:
Beginning at the northeastern corner of Lot 6 of Palmetto Bluff Subdivision according to map prepared
by M. H. Landers, C.E., and duly recorded in Map Book 4, Page 109 of the New Hanover County Registry and
running thence South 51 degrees 42 minutes East along a prolongation of the dividing line between Lot 6 and
7 of said Palmetto Subdivision 600 feet more or less to a point in the western right of way line of the Intra-
Coastal Waterway; and running thence North eastwardly along the westerly line of said waterway 250 feet more
or less to a point that would be mid -way between the intersection of said waterway line with the prolongation
of the dividing lines between Lots 10 and 11 and Lots 8 and 9 of said Palmetto Bluff Subdivision; thence a
northwesterly course to the southeastern corner of Lot 10 of said Palmetto Bluff Subdivision as shown on a map
thereof; thence South 86 degrees 9 minutes West with the eastern end of Lot 9 a distance of 88.48 feet; thence
South 2 degrees 14 minutes West with the eastern ends of Lots 8 and a part of Lot 7 a distance of 83.05 feet;
thence South 37 degrees 10 minutes West with the eastern end of Lot 7 a distance of 69.32 feet to the point of
beginning. This same tract being a marshland located between the eastern line of Lot 7, 8 and 9 of said Palmetto
RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC

Bluff Subdivision and the western line of the Intra-Coastal Waterway right of way. This being all of that second
tract shown in the Deed to Elsie W. Kelly recorded in Book 1838, Page 130 and specifically showing on Exhibit
A in Book 1838, Page 134 of the New Hanover County Registry and reference is hereby made to said Exhibit
A for a more particular description. This property also showing.on the map recorded in Map Book 49, Page 49
ofthe New Hanover County Registry and reference is hereby made to said map for a more particular description.
TO HAVE AND TO HOLD the above lands and all privileges and appurtenances thereto belonging to
the GRANTEES and their heirs and assigns in fee simple forever.
The GRANTOR, for herself, her heirs and assigns, covenants to and with the GRANTEES, their heirs
and assigns, that she is seized of the said premises in fee and has full right to convey the same in fee simple; that
there are no encumbrances other than those set out herein and that she does warrant and will forever defend the
title to the same against the lawful claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the said GRANTORhas hereunto setherhandthe day andyearfrrstabove
written.
ELSIE W. KELLY, Grantor
NORTH CAROLINA
NEW HANOVER COUNTY
1, 451110,fa Notary Public in and for the County and State aforesaid, do hereby
certify that this day4fersonally appeared before me ELSIE W. KELLY, and acknowledged the due execution of
the foregoing instrument.
Witness my hand and Notarial Seal this Aay
o•�y e.. Mug •�
t
#
r
A•"n e :' NO
• * Printed
8 L My Col
.. .
W;%VV=c1y,Kc46yo-Vwd OfGiftwpd (1216106)
0.+ 1
S-S-aoll
RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC

REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET '
Filed For Registration:
Book:
Document No.:
Recorder:
WILMINGTON, NC28401
011111200712:06:34 PM
RE 5128 Page: 324.326
2007001549
DEED 3 PGS $17.00
CRESWELL,ANDREA
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2007001549* RECEIVED
2007001549 NOV 0 9 2020
DCM WILMINGTON, NC

NORTH CAROLINA
NEW HANOVER COUNTY
EASEMENT
R05200-002-030-000
1 1111111111N18
2009319723
FOR REONNrSTF_
IFER . gEG15TER OF XEOS
]EN. mCNE16N
9009 AV 01 04 25 ig PM
BK:5411 PG:1555-1557 FEE:417.00
INIR 41200901974
Return to:
Progress Energy
Real Estate Records Center MC: PEB LL 4
P.O. BOX 2551
Raleigh, NC 27602
THIS EASEMENT made this % O day of Fe:�200 , from ERY W. KEHAYA. II, and wife
SHARON S. KEHAYA, hereinafter referred to as GRANTOR (whether one or more), to PROGRESS ENERGY
CAROLINAS, INC., a North Carolina public service corporation, hereinafter referred to as PEC;
WITNESSETH:
THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto PEC, its successors
and assigns, the right, privilege, and easement to go in and upon the land of GRANTOR situated in Wilmington Township
of said County and State, described as follows: being the land described In a deed from Elsie W. Keliv to EN W. Kehava
rcegisgv, Ltb� nrvu rA;tr 1 any pnor out -conveyances, and to construct, maintain, and operate electric andfor
communication facilities thereon consisting of poles, cables, wires, guys, anchors, underground conduits, enclosures, and
other pertinent facilities within an easement area thirty (30) feet wide for the overhead portion of said facilities and ten
(10) feet wide for the underground portion of said facilities together with an area ten (10) feet wide on all sides of the
foundation of any enclosure, with the right to do all things necessary, including, but not being limited to, the right (a) to
enter said easement area at all times over the adjacent land to Inspect, repair, maintain, and alter said facilities; (b) to
keep said easement area cleared of trees, shrubs, undergrowth, buildings, structures, and obstructions; (e) to trim or cut
any tree adjacent to said easement area that may, in the opinion of PEC, endanger the overhead facilities or hinder the
maintenance, operation, and use of the same; and (d) to install, at angle points of the overhead facilities, guy wires and
anchors outside of said easement area. The center line of the facilities shall be the center line of said easement area.
Notwithstanding anything to the contrary above, it Is understood and agreed that (1) the EASEMENT herein granted
is for facilities to be installed at any point where needed on the above -described land of GRANTOR, and/or where needed
to serve adjoining (ands, portions of which facilities may be installed immediately, and other portions installed in the future
as the need develops; and (2) said facilities shall be installed at locations mutually agreeable to the parties hereto.
TO HAVE AND TO HOLD said rights, privilege, and easement unto PEC, its successors and assigns, forever. IN
WITNESS WHEREOF this EASEMENT has been executed under seal by GRANTOR, as of the date first above written.
Witnesses:
. KE A, (SEAL)
` O. (SEAL)
SHARON S. KEHAYA
RECEIVED
NOV 0 9 2020
DCM'WILMINGTON, NC

NORTHCAROLINA, XIC-Ld J4&j0✓G-2 COUNTY
I, 7-3Q tgr I IR . WC--5 1 a Notary Public of _ tjtl i F(gN OJG(L County,
North Carolina, certify that PiLY W keE Ai<rt, -IT- r o cygaoAj S i1E<!xa
Personally appeared before me this day and acknowledged the due
execution of the foregoing EASEMENT.
Witness my hand and notarial seal, this / u day of FC-6dW,%(L'1 PO_a.
Brien A. west
Notary PebfiC '�j✓� —
New Hanover Optft,
My Commission Expl -�•? Notary Public
(Notary Sean My commission expires: _/- 3 - za r o
NORTH CAROLINA, COUNTY
1, , a Notary Public of County,
North Carolina, certify that personalty appeared before
me this day, and being duly swom, stated that, in his(her) presence
Of the foregoing EASEMENT.
Witness my hand and notarial seal, this day of
(Notary Seal)
The foregoing certificate of
acknowledged the due execution
My commission expires:
20_.
1 Notary Public
Is certified to be correct.
This EASEMENT and this certificate are duly registered at the date and time and in the book and page shown on the first
page hereof.
Register of Deeds for
By.
County
Deputy/Assistant
RECEIVED
NOV 0 9 2020
DCM WILMINGTON, NC

JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGT.ON, NC 28401
ff f fHf f Hf fNIHffNNNNf f Nf f 1NiNRNifHKff NfiflHfNfNf 111fK1HHif iffNlNf f If fNRHH HfNHRHNtf IININH
Filed For Registration: 0610112009.04:25:19 PM
Book: RE 5411 Page: 1555-1557
Document No.: 2009019723
3 PGS $17.00
Recorder: JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
RECEIVED
*2009019723 * NOV 09 2020
200901 9723 - DCM WILMINGTON, NC

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Ery%haya & Jam Properties, Ina COUNTY: New Hanover
PROJECT NAME: 2307 and 2223 Middle Sound Loop Rd Maintenance Dredging
LOCATION OF PROJECT: 2307 & 2223 Middle Sound Loop Rd, adjacent to the AIWW, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-4-20
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded: N/A
FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW: -Mhcl
B) DATE RECEIVED BY MAJOR PERMITS UNIT: 11411-1p
FEE REC'D: S400 (60140)tk2116
APPLICATION ASSIGNED TO: Weychert
PUBLIC NOTICE REC'D:12-16-20
END OF NOTICE DATE:1-&21
ADJ. RIP. PROP NOTICES REC'D: it_llb -r 11- fPM
DEED REC'D: Yes
C) 75 DAY DEADLINE: 2-17-21
150 DAY DEADLINE: ' GI
MAIL OUT DATE: 12-11-20 STATE DUE DATE: 1-6-21
PERMIT FINAL ACTION: ISSUE �'I' 3' %/j DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM- Field Rep 1114-zn A iV� 1 I 1
I DCM - LUP Consistency Determination i t1' IA -11 I I X A
Permit Officer
1 Corps of Engineers - Regulatory Branch 1 1 1 1 1
DWR-401 Section 0 V -R - 7_i 1 1 \/ I Im(, nQ IQ „ 7 _
DWR- Public Water Supply
DEMLR- Stormwater
DEMLR- Sed and Erosion 1 1 ��1HFT11
DOA - State Property Ott'ice
Wildlife Resources Commission l .
DMF -Shellfish Section -C
DMF - Habitat & Enhancement 'S
DNCR- Archives & History-
DNCR-Natural Heritage Program
0411 l
NC Dept of Commerce

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: r'wVJ
Fee: $ 40.0 # 211 t0
CDAITS MHC cc
I --- b. 9'
tm
ngerrt/Contractor.
I'rojeot Site County:
l�
Staff: VA
District: Wilmington
Project Name: V-eVv-Qc%-
nitial date of application submi al:
QV�%
11 /
Rover File: n/a River Basin:W(_ L _
YNTC
Date application "received as complete" in the Field office:
�a I Lk
1 a
Permit Authorization: ❑ CAMA
Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes No PNA: ❑Yes No
Photos Taken: Yes No❑
Setback Required (riparian): []Yes No
Critical Habitat: LJYes INNo ❑Not Sure
15 foot waiver obtained. Y
Hazard N tification Returned:
❑Yes lJNNo
SAV: El es L No ❑Not Sure
Shell Bottom: ❑Yes c ❑ Not
Temporary Impacts: ❑Yes ;ffNo
Sure
Sandbags: ❑Yes TRNO ❑ Not Sure
Did the land use cl
UJYes
sification come
Mitigation Required (optional):
from county LUP:
[]No
❑Yes [)INo
Moratorium Conditions:
Environm ntal Assessment Done:
Length of Shoreline:
❑Yes i9[do ❑NA
[]Yesxo ❑NA
S V FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
pe -or- Closed
q 1 I -ISO
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
vvt I (ANUS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
altemiflora)
cynosumides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp )
❑ (JR) Black needlerush (Juncus
❑ (SP) Salttmeado —grass (Spartina
roemerianus)
i
patens)
APPLICATION FEE
ieyuu eu - mu.uu
IJ III(A) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or comet w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer $$100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comet w /D&F to 1
i acre; 4144 can be applied; DCM needs
DWQ agreement - $400

r 4
Recommendations for State Permit-Kehaya / Jam Properties Inc. c/o Dan Smith 12f712020
Pending aconsent agreement from USACE to cross their right-of-way it is the staffs recommendation that the proposed
excavation of the area around the existing boat basin and access channel appears to be CONSISTENT with15 NCAC 071-1.0206
(b)(1) and (2). It is the opinion of this office that the area for the proposed excavation is located in an area that has been
historically impacted and in continuous use for docking and navigational purposes.

Applicant:
Date: 11 y }�
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
;
TYPE REPLACE
Activity Name !,
Number
Choose Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One One
New Work ❑
Replace
Maint
❑ Y [$ N
SOO
Gjp r
New Work 0
Replace
,
Maint
❑ Y a N
1'}rjr
60
New Work 0
Replace
c/
f
N'
KG,
Mainly
❑YMN
1'+J
a5-y6'
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft. TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final (Applied for
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance. Disturbance
disturbance.
Habitat Name
Choose One
includes any
anticipated
Excludes any total includes
restoration any anticipated
Excludes any
restoration and/or
restoration or
and/or temp restoration or
temp impact
temp impacts)
impact amount) temp impacts)
amount
5
Dredge AFill ❑ Both ❑ Other ❑
-4GO
aO
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ FIII ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733-2293 :: 1.888-4RCOAST :: www_nccoaatalmanaAG!ment.net revised: 02.26,18

NORTH CARC7I...INA
nrnrromnent71.0111,11a),
December 11, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevchert(a) N CD EN R. oov
SUBJECT: Dredge & Fill
Applicant: EryKahaya & Jam Properties, Inc.
ROY COOPER
Gavernor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Dmt.00a ofCoasral
Management
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and access
channel.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchertat the address above by January 6, 2021. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Kimberlee Harding
AGENCY,
NCDMF
SIGNATURE /�� yK�{
BATE . 12/30/2020
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
RECEIVED
DEC 3 0 2020
MP SECTION
DCM - MHD CITY

ROY COOPER
MICHAEL S. REGAN
s✓.r,r",
BRAXTON DAVIS
51,llarjvnu•nl
December 11, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ_- Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(ZDNCDENR.gov
SUBJECT: Dredge & Fill
Applicant: Ery Kahaya & Jam Properties, Inc.
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and access
channel.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert atthe address above by January 6, 2021. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: J 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 N C 11 o to M m LW CA RECEIVED
SIGNATURE
IM �. / �JAN.. 01 7021
L! �✓
e '^
MP SECTION
DATE i y I % DGM - MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive E:t., Wilmington. NC 211405 9197967215

ROY COOPER
L' ✓�, n'
V
Governor
MICHAEL S. REGAN
.�„
Secretary
BRAXTON DAVIS
NORTH CAROLINA
Director, Division ofCoasml
Environmental Quality
Management
December 11, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(a)NCDEN R.00v
SUBJECT: Dredge & Fill
Applicant: Ery Kahaya & Jam Properties, Inc..
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and 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 JanUa_ry_B,'2021 If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE M` �`° "` RECEIVED
DATE 12-17-20 DEC 17 1010
MP SECTION
StateorNonh Carolina I Environmental Quality I Coastal Management DCM - MHD CITY
127 Cardinal Drive E.L. Wilmington, NC 29405 919 796 7215

0
NORTH CAROLINA
6m-noninenrnl 0WIn3
December 11, 2020
MEMORANDUM:
I
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ -, Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevchert(cDNCDEN R.gov
SUBJECT: Dredge & Fill
Applicant: Ery Kahaya & Jam Properties, Inc.
ROY COOPER
Gn,anmr
MICHAEL S. REGAN
.4ecremry
BRAXTON DAVIS
Direclnq Division ofCoarral
Managemem
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and access
I 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 January 6, 2021. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
`*Additional comments may be attached"
X. This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Shannon Jenkins
AGENCY NCDMF/Shellfish Sanitation
SIGNATUREG.. 7'✓/a� for Shannon Jenkins
DATE 12/16/2020
State ofNorth Carolina I Environmental Quality l Coastal Management
127 Cardinal Drive En, Wilmington, NC 28405 919 796 7215
RECEIVED
DEC 16.2020
MP SECTION
DCM - MHD CITY

ROY COOPER
1 Gomm,
MICHAEL S. REGAN
gecremp
BRAXTON DAVIS
r „ Dfrwoq Division orC=ial
:ir. ri. artu: i:.ul Qtilih' Mrnnge... ..
December 11, 2020
MEMORANDUM:
FROM: Curt Weychert; Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier f1-12-09)
curt.wevchert(@NCDENR.gov
SUBJECT: Dredge & Fill
Applicant: EryKahaya & Jam Properties, Inc.
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and access
channel.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cunt Weychert at the address above by January6, 2021. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: —Z 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 Ultsh& ?Loy( f�
AGENCY r�
SIGNATURE RECEIVED
DEC 15 2020
DATE
MP SECTION
DCM - MHD CITY
genre arNwl6 Camiom i EmvomrenfalQmlirylCoaatei Management
127 Cardinal Drive ExL, Wilmington, NC 28405 919 7967215
f tea, k 141

.,.°Y't +.t -t 4a
December 11, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11.12-09)
curt.wevchert�NCDENcurt.wevche NCDENRgov
SUBJECT: Dredge & Fill
Applicant: Ery Kahaya & Jam Properties, Inc.
ROY COOPER
f inrCnnv
MICHAEL S. REGAN
A'eu av e
BRAXTON DAVIS
Dlrerrc+r, Ohiri.ur rifl'rxevur
,1/un«gvnenl
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and access
channel.
Please indicate belowyour agency's position or viewpoint on the proposed project and
return this form to Curt Weychart at the address above by January_ 6, 2021; If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Memo Attached
PRINT NAME Wanda Hilliard
AGENCY _State Property
SIGNATURE
_D'ATE January 6, 2021
State ol'North Carolina Gnvimnmental Quality Coastal Managemwt
127 Cardinal Drive at., Wilmington, NC 28405 9197961215

Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
January 6, 2021
TO: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
FROM: Wanda Hilliard % 06 ,AV,
Real Property Agent
Department of Administration
SUBJECT: CAMA / APPLICATION REVIEW
Ery Kahaya & Jam Properties, Inc
MachelleSanders
Secretary I
i
Tim Walton
Director
1
RE: 2307 & 2223 Middle Sound Loop Rd. adjacent to the AIWW in Wilmington, New Hanover
County.
Please confirm that the facilities are not located within the I000'USACE AIW W easement area.
If not, then the State Property Office has no comment on the proposed project.
Thank you.
State of North Carolina I State Property Office
116 West Jones Street, Suite 4055 11321 Mail Service CM. I Raleigh, NC 27699
919 807 4650 TI Web: http://www.nmpo.com

Weychert, Curtis R
From: Sams, Dan
Sent: Friday, January 15, 2021 3:35 PM
To: Weychert, Curtis R
Cc: Pietila, Tanya K
Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton
Projects that I haven't responded to:
Towana LLC: No comment
Dan Wall: No comment
P.L. and Frances White: No comment
National Gypsum Company: Erosion & Sediment Control application and approval are required for the dredge site if
not currently permitted and review under the Stormwater Program requirements.
Bill Clark Homes: Erosion & Sediment Control and Stormwater Program applications and approvals are
required.
Ery Kehaya & Jam Properties, Inc.: Erosion & Sediment Control and Stormwater Program applications and approvals
are required.
Cameron Ward:
No comment
Philip Barker:
No comment
Dale Ardizzone:
No comment
Darby and Stertzer:
No comment
Town of Oak Island: Land disturbing activity landward of the first line of stable vegetation and exceeding one acre
will require Erosion and Sediment Control application and approval and review under the Stormwater Program
requirements.
Christie and Roy Hawkins:
No comment
Ellis Tinsley:
No comment
Sunset House F81, LLC:
No comment
Rueggfamily:
No comment
Rowlett & Norton:
No comment
Sorry that I keep getting behind.
dan.sams
From: Pietila, Tanya K
Sent: Friday, January 15, 2021 3:05 PM
To: Harding, Kimberlee k <[e-mail]>; Christenbury, Mike <[e-mail]>; DCR
- Environmental_ Review <Environmental. [e-mail]>; Butler, Rodney A <[e-mail]>; Zeigler,
Mark D <[e-mail]>; Harris, David B <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Humphrey, Jeremy <[e-mail]>; Gupton, Sharon
<[e-mail]>; Hall, Christine <[e-mail]>; Sams, Dan <[e-mail]>; Cox,
Heidi <[e-mail]>; [e-mail]
Cc: Weychert, Curtis R <[e-mail]>; Elks, Katharine B <[e-mail]>; Cannon, Amanda 1
<Ama [e-mail]>
Subject: CAMA Major Application: Kathy Rowlett & Mandy Norton
Hello All!

Received: 1 /14/2021
Historic Preservation Office
ER 21-0093
NORTH CAROLINA
En,wonmenml 01whry
December 11, 2020
Due: 1 /21 /2021
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevchert(a) N C DE N R. gov
SUBJECT: Dredge & Fill
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division ofCoasml
Management
NC - SBA
1/20/2021
Applicant: Ery Kahaya & Jam Properties, Inc.
Project Location: 2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project: Proposal to perform maintenance excavation within an existing boat basin and 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 January 6, 2621. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments..
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
DATE
Historic Preservation Office
1 /21 /2021
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC'28405 919 796 7215
RECEIVED
JAN 212021
MP SECTION
DCM - MHD CITY

DocuSign Envelope ID: FC36C30E-058B4ACB-A030-E407CA4FAF7C
f
ROY COOPER
cwernor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 9, 2021
Ery Kehaya and JAM Properties, Inc. c/o Dan Smith
2307 Middle Sound Loop Road
Wilmington, NC 28411
RECEIVED
FEB 0 9 2021
MP SECTION
DCM - MHD CITY
DWR # 2015-0418v2
New Hanover County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
2307 and 2223 Middle Sound Loop Road — Wilmington, NC 28411
Dear Messrs. Kehaya and Smith:
You have our approval for the impacts listed below for the purpose described in your application dated
November 6, 2020 and received by the Division of Water Resources (Division) December 11, 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
0.7 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. [35A NCAC 02H .0507(d)(2)].
D � North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�r�.�y 910.796.7215

DocuSign Envelope ID: FC36C30E-45BB4AC6-A030-E407CA4FAF7 C
J
2307 and 2223 Middle Sound Loop Road —Wilmington, NC 28411
DWR# 20150418v2
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 [15A NCAC 02B .0200] 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 02B .0211(12)]
2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class
SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and
8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (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. [15A NCAC
02B .0221]
3. Please note that the area surrounding the project sites are located within Topsail and Middle
Sound Outstanding Resource Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs)
and shellfish producing habitat. No impacts to SAVs or shellfish producing habitat are authorized by this
certification outside the approved impacts specified herein. [15A NCAC 028.0225(c)(2) ORW Water
Quality Standards, and 15A NCAC 07H .0208 (a)(6)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.51
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel RECEIVED
Department of Environmental Quality
FEB 0 9 2021
MP SECTION
DCM - MHD CITY

DocuSign Envelope ID: FC36C30E466B4AC6-A030-E407CA4FAF1 C
2307 and 2223 Middle Sound Loop Road —Wilmington, NC 28411
DWR# 20150418v2
401 Certification
Page 3 of 3
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Tyler Benson at 910-796-7336 or Tvler.Benson(cDncdenr.gov if you have any
questions or concerns.
Sincerely,
oo��sienea ey:
CE3A St ACI
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
Andy Dortch and Greg Finch, Consultants, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
FEB 0 9 2021
MP SECTION
DCM - MHD CITY

v _ ROY COOPER
''t MICHAEL S. REGAN
w-• j,..
BRAXTON DAVIS
December 11, 2020
MEMORANDUlt1d
FROM:
Curt Weychert, Assistant Major Permits Coordinator
DEC 2020
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557E;,,tip.
Fax: [phone] (Courier 11-12-09)
•u>
�C�l
curt.wevchertCrDNCDENR.gov
7
SUBJECT:
Dredge 8 Fill
/!�Q£6Z92 LZ92�'l
Applicant:
Ery I(ahaya & Jam Properties, Inc.
Project Location:
2307 & 2223 Middle Sound Loop Rd., adjacent to the AIWW in Wilmington, New
Hanover County
Proposed Project:
Proposal to perform maintenance excavation within an existing boat basin and 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 January 6, 2021. If you have any questions
regarding the proposed project, contact Katharine Elks at(910) 796-7424 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME 0"-4a 1 inn
AGENCY 1a to )RC
RECEIVED
SIGNATURE — FEB 151021
MP SECTION
DATE a-6-_At;vA DCM - MHD rrn,
State aMrth Cemliaa I Em'im=mtal Quality I Coastal Nkmg=mt
127 Cardinal D&C aL, Wilmmgtaq NC 2W5 9197967215

l
North Carolina Wildlife Resources Commission <v'I
Cameron Ingrain, Executive Director
TO: Curt Weychert
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: February 15, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Ery Kahaya and Jam Properties,
New Hanover County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 2307 and
2223 Middle Sound Loop Road adjacent the AIW W in Wilmington, NC. Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife
Coordination Act (49 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to perform maintenance excavation within an existing boat basin and access
channel. The 175' by 50' basin, the 175' by 25' — 40' wide access channel confined by coastal wetlands,
and the 300' by 50' wide access channel waterward wetlands would be excavated to a final water depth of
-5' NLW via bucket to barge. Excavated material would be placed on DA-228 outside the USACE
easement. Total area of disturbance is approximately 40,750 ftZ of previously permitted, disturbed area.
The AIW W in this area is classified SA ORW by the Environmental Management Commission and is
open to shellfish harvesting.
The NCWRC has reviewed the permit application and does not object to permit issuance. The proposal is
essentially a maintenance activity for a previously permitted project. To minimize impacts to aquatic
resources, we request an April 1— September 30 moratorium be included as a permit condition.
We appreciate the opportunity to review and comment on this permit application. If you need further RECEIVED
assistance or additional infonnation, please contact me at [phone] or at
maria.dunn(alncwildlifc.ore FEB 16 1021
MP SECTION
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 M - MHD CITY
Telephone: [phone] • Fax: [phone]

MEMORANDUM
To: Curt Weychert
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Ery Kehaya and
JAM Properties, New Hanover County
Date: March 8, 2021
Consistency Determination:
This project is consistent with the New Hanover County Comprehensive Land Use Plan.
The applicant proposes to perform maintenance excavation within an existing boat basin
and access channel, adjacent to the AIWW. The project is located at 2307 and 2223
Middle Sound Loop Road in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ORW, EW and
PTA. Waters at the project site are classified as SA-ORW and are open to the harvesting
of shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Developed while the AECs impacted by
the work are classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The New Hanover County
Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
This project is consistent with the New Hanover County Comprehensive Land Use Plan.
Cc: File
RECEIVED
MAR 0 8 2021
DCM-MHD CITY

Major Permit Fee Schedule
Project Name: k/e,Why0, 1,Qm Pw T�County: N
1 i;/ 1�
Check No & Amount;
Phu *
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of an wetlands or
$250
100% ($250)
°
0 /o ($0 )
open water areas.-
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas.
III. For development that involves the
filling and/or excavation of up to i acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
II(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(B) _ Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
review and written DWQ concurrence is
$400
60% ($240)
40% ($160)
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied.
$40
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
11/16/2020
11/17/2020
Davey Resource
Jam Properties /
United
2116
$400.00
major fee, 230 && 2223 Middle
KE rct.
Group
Dan Smith
Bank
Sound Loop, Wilmington NHCO
12415
Split 60/40

DCM Coordinator: Curt Weychert
County:
N4
Permit#: o�
WIRO E-MAIL DISTRIBUTION SHEET
Circle o e: Bio Repo Permit for
Oversize nt:
DCM Offices:
Morehead City: PT (if oversize) via Courier
cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
MHC documents (Curt & Amanda)
Wilmington: Original hard -copy /
ONLY USACE & DWR (wro). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: arteret Cc): PN, CL, Reports, Split Sheet _
use both ilmingtonNCREG�@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _
reg Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: VRobb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet
k (PN/ON): PN, CL, Reports, Split Sheet _
Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Aim Harding
_
DCM Planner/WIRO:
VMike Christenbury
Cultural Resources:
a eeGledhill-Earley Environmental.Review(a)ncdenraov_
Natural Heritage Prog.
`Rodney Butler_
DCA-Rural Eco. Dev:
oaiark Ziegler
`avid
NC DOT:
. Hams _
Wildlife Resources:
tfolaria Dunn w/Reports _
State Property Office:
Jfim Walton: DEED
_
JrfiI� Moser
_
Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
//Wanda
�qe my Humphrey (Bio) / _
�iaion Gupton, Admin. _
DEMLR:
'Khristine Hall - Stormwater Section
an Sams - Land Quality Section _
Public Water Supply:
., leidi Cox
City of Wilmington:
/Kathryn Thurston
Enforcement:
[_
�f
eld Rep: 11 1 0 ✓�
_Co. LPO
/��5
C ��'f I I i LQi �A�{'(,t V�
Agent:
DISTRIBUTED:
Updated 10/01/20 CAMA/Shaun majors docs/eAgency List

Existing Bulkheads
A
Existing Resit
and Garage
30' CAMA Buffer
Appx Coastal Wetland
Existing Adjacent Docking Facility
;s��
xisting Docking Facilities �♦ ;��`
Appx Outer Edge of Marsh
B ;
41
r /
Proposed Maintenance
Dredge Boundary
\
7
\
USACE ROW
Appx Normal High Water \�s♦'�per A USACE Setback
Existing Adjacent Docking Facility
Tax Parcel Boundary
USACE Navigation Channel
USACE Setback
Taxparcels
USACE Right of Way
30' CAMA Buffer
Riparian Corridor
15' Setback
'.AMAM20 .ARIA Fit . IMC20321-2'.
Existing Bulkhead
Appx Outer Edge of Marsh
— Appx Normal High Water
Appx Coastal Wetland
Proposed Maintenance
NOTES:
1. NORMAL HIGH WATER LINE AND COASTAL WETLAND LINE INTERPRETED FROM AERIAL PHOTOGRAPHY.
2. LENGTH OF NORTHERN PARCEL SHORELINE AT NORMAL HIGH WATER IS 306 FEET; SOUTHERN PARCEL
3. 2018 PARCELS FROM NCONEMAP.
4. WATER DEPTHS PROVIDED BY CLIENT SEPTEMBER 2020 RELATIVE TO MLW NAVD 88.
5. NOTA SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
4 �LMG
MANM;aNFA'TGROUP
• mmo tm{uf
3805 W righ a lle Ave Suits 15
Whininglon, North Carolina 28403
RECEIVED
NOV 3 0 20ZO
USACE Naviga ion'
Channel
07 Middle Sound Loop 9/29/2020 11112J2020
3 Maintenance Dredging
Bale: Job Number
1'=100' LMG20.321
Existing Conditions D� By. Sheet Number.
and Site Location WAD 2 of 4

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A
EXISTING PRIMARY ACCESSWAY
MARITE CH
Approximately 170' within US.ACE Ea ement Area
EXISTING SECONDARY ACCESSWAY
� I -
r 0+
f VIP
~ya�
y
USACE DA 229
i
PROPOSED AREA OF DISPOSAL
j Private Property — Northeast New Hanover Conservancy
Approximate Area - 200' x 100'
J
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r
i

Proposed Maintenance Dredge Area (--2,
A'
CY)
NHW Line Outer Edge of Marsh
Proposed Maintenance Dredging Boundary — — — —
2
�— 10' 1 Approximate Existing Grade
? G — — — — — — — — — JELw— _. .—
2 Approximate-rxist r nng-Gral
a Proposed Maintenance Dredge Area (t-2,000 CY) I
o.b0 OIIO M� —..M� aia o.30 D� 0.� wIW J.t.lb 1��0 1� 1 31 . 1l4 140 1.6 1.170 J. f.9J 2.I. zlto h� 2.]0 zlw
Assumed 3:1 slope from dredge boundary
(incidental sediment removal - not area of impact) DR Is
---------- W�_------------ __N1Jt---__-_
— — — — — — —_ —
__.,Approximate Existing Grade_ Approximate Existing�Cirade�
I 1 1 I Proposed Maintenance Dredge Area (-2,000 CY)_
z GO 2.150 z.b0 2.Ya1 z.B4 24. ]& ] 110 1 `. 1& i Ito ].6 ]� a fta a♦]o � 30 1 IM t✓A a IW i.Yo NM
�I
NOV 30
USACE Right of Way USACE Setback t',In tires, r'T
w11L 4
2
/—Approximate Existing Grade 2
�APProzimate Existing Grade 4
j 1 I I 1 I 11 a
J. a.T0I 4j8D a+%o s.bo slio s.�. 5.`!0 S.OD YSO WO .:.G4o el4o s.5a M$1. sia eb0 s.&1 1.U0.
—Proposed Maintenance Dredge Area Extends to -5' MLW at Time of Construction
Revb' Dtl '
NOTES_
1. WATER DEPTHS COLLECTED SEPTEMBER 27, 2020 BY CLIENT RELATIVE TO MLW REFERENCE GRID MAD83 / NSRS 2011 / NAVD 1988 .
t
3. NORMAL HIGH WATER AND COASTAL WETLAND LINES INTERPRETED THROUGH AERIAL PHOTOGRAPHY BY BY LAND MANAGEMENT GROUP.
4. LENGTH OF NORTHERN PARCEL SHORELINE AT NORMAL HIGH WATER IS 306 FEET; SOUTHERN PARCEL NHW IS 278 FEET.
5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
T j► /( /1
L jar j <J
LeND MtaAG@ gGROUP
. mwwa �
3t105 wnght Ne Ave Suite 15
Nhlmingim North Carorire26103
Projerl:
Minch Sound Loop
oed Me�n[erlence Dredging
Road
Deb.
glzeno20
She.
As Noted
ion a.
1/30rt02o
JOG Number
LMG20.321
Tide:
Profile View A
Maintenance Dredge Detail
Drew By:
WAD
Sheet Number:
3of4
910-452-0 01
NC

Outer Edge of Ma
Riparian C
15' Setbacks
15' Setback 15' Setback
Outer Edge of Marsh Riparian Corridor
------------ --WV�L_--i— — — — — — ---- --T-----
I --I
MLW
�LdL— ---- —ti--------------
--. — _ _.. ---- _. - - _ I 101
-- -
A :w_ F4 As sG ll
�:.-.r•.•7eTi�ili!i!!!e~i!<'%
-----Proposed Maintenance Dredging Boundary -
- o+Iso
0 0+20 OI30 0+140 OI50 0+70
Assumed 3:1 slope from dredge boundary
(incidental sediment removal - not area of impact)
NOTES'
1. WATER DEPTHS COLLECTED SEPTEMBER 27, 2020 BY CLIENT RELATIVE TO MLW (REFERENCE GRID NAD83 I NSRS 2011 / NAVD 1988).
3. NORMAL HIGH WATER AND COASTAL WETLAND LINES INTERPRETED THROUGH AERIAL PHOTOGRAPHY BY BY LAND MANAGEMENT GROUP.
4. LENGTH OF NORTHERN PARCEL SHORELINE AT NORMAL HIGH WATER IS 306 FEET; SOUTHERN PARCEL NHW IS 278 FEET.
5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
aintenance
oundary
In
I Maintenance
1ge Area
000 CY)
-Outer Edge offR Marsh
71
6
-----Nay— 4
2
2
IVED
NOV 3 0 2020
DCM WILMINGTON,
Approximate Existing Grade
Middle Sound Loop
9/29/2020
11/30/2020
LM G2307
Road Maintenance Dredging,Im
lumber
uvo N.wec>:uta-1 moue
see:
As Noted
LMG20.327
Tice:
a;WleA .w,pq
3nin Wdgblorlh
Dredew fi
Drawn By'.
Sneet Numb&:
aroma 284
y�lm�nglon, NOM Carolina 28403
Maintenance Dredge Detail
nanfilece
VygD
4 of 4