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3-21 Kalnen, Deborah
Permit Class NEW 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 I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 3-21 Issued to Deborah Kalnen, 2400 Scotts Hill Loop Road, Wilmington, NC 28411 Authorizing development in Pender County at adj. to the AIWW. at 2400 Scotts Hill Loop Road, in Wilmington , as requested in the permittee's application dated 3/26/20 (MP-1&4), including attached workplan drawings (2), Sheets 3 of workplan drawings dated "Revised" 12/3/20, Sheet 3 of cross section dated "Revised" 12/22/20, and revised project narrative dated "Revised" 12/3/20. This permit, issued on January 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 it these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Expansion 1) This permit authorizes the new pier, dock, floating platform, boatlifts, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) . This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. zl-llzp�� For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Deborah Kalnen Permit No. 3-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 4) 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. 5) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel.. 6) 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. 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 8) This permit authorizes a maximum of six (6) formalized boat slips located as shown on the drawing labeled "Not A Slip" to the north of slip #1. The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 9) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 10) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 11) Should either adjacent properties to the north or south be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. USACE / FEDERAL CONDITIONS 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/odfs/ManateeGuidelines20l7.odf. General 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. Deborah Kalnen ADDITIONAL CONDITIONS Permit No. 3-21 Page 3 of 3 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) All debris associated with the construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 197800291 (Action ID SAW-2020-00851). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0630. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New �L Major Mod Permit# Permit Coordinator: Field Representative: Minor Mod Renewal Transfer Date Time Message ��?d (' 70 MOLD X�i@D i3y (i St opt Ails lk)& /(8 PZx'A-1( arm MP-1 APPLICATION for major Development Permn North Carolina DIVISION OF COASTAL MANAGEMENT (last revised 12 27 06) tsndownerWormatlon - Business Name Project Name (if applicable) Applicant 1: First Name MI - Last Name —_ - — Deborah A Kalnen Applicant 2. First Name MI Last Name N additional applicants. please attach an additional page(s) with names fisted. Mailing Address PO Box city State 2400 Scotts Hill Loop Road Wilmington NC ZIP Country �hon FAX No-3288 aid. - Street Address (if different from above) City Slate ZlP Email l Ctollnformatl Business Name i Agent/ Contractor L First Name MI Last Name Debra D Wilson Agent/ Contractor 2. First Name MI Last Name Mailing Address PO Box City State 4828 Carolina Beach Road Wilmington NC ZIP Phone No. 1 Phone No. 2 28412 910 - 612 - 0402 aid. axL FAX No. Contractor # Street Address (d ddferent from above) city State ZIP Email RECEIVED ulrnn vvruan ..... <Form continues on back> RECENEQAPR 2 0 2020 252-808-2808 :. 1-888-4RCOAST :: www.neooasla man apemsnt.nat DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address State Rd. # Pander 2400 Scotts Hill Loop Road Subdivision Name City State zip Wilmington NC 28411 - Phone No Lot No.(s) (if many, attach addtional page with list) 910 - 443 - 3288 ext. 5, 18, 19, w In which NC river basin is the project located? b. Name of body of water nearest to proposed project While Oak AIW W 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 limn the proposed Was ONO work falls within. Ponder County 4, site Descdpffon a. Total length of shoreline on the tract (ft.) b. Size of antra tract (sq.ft.) 60, 43,866 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NNW (nomral high water) or Lots Now Combined, NWL (normal wafer level) (If many lot sizes, please attach additional page with a list) 5 - 27 ®NHW or ❑NWL e. Vegetation on trait Lawn grasses and ormental shrubs and trees. f. Man-made features and uses now on tract Single family dwelling and out buildings. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does Iocel govemment zone the tract? i. le the proposed project consistent with the applicable zoning's Residential Performance (Attach zoning compliance certificate, If applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yea ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does d involve a ❑Yes ONO CINA National Register listed or eligible property? EC E I V E D UWA VVILMIN(a I UN, NG <Form continues on next page> APR 2 0 2020 RECEIVED 252-808.2808 :: 1-888.4RCOAST :: www.nccoasta'1A gaW&t.not — DAM-AdI-1D CI'C1y- — — — Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ®Yes ONO (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®NO (Attach documentation, N available) n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. Municipal p. Descnbe existing storm water management or treatment systems None a. Will the project be for rwmrrwrcia1, public, or private use? ❑Commercial ❑PubliMGmemment ®PmatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Private pier,platforms, floating docks and boatlifts . 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 stoned. Typical marine construction with barge mounted pile driver and bucket to barge excavation. d. List all development activities you propose. Pier, fixed platform, fixed finger piers, boathits, floating docks and basin excavation. e. Are the proposed activities maintenance of an existing project, new work. or both? New I. What is the approximate total disturbed land area mauaing from the proposed project? 8a20 MSq.Ft or []Acme g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None i. Will wastewater or stomtwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No []NA j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. DCM WILMINGTON, NC <Form continues on back> RECEIVEMPR 2 0 2020 252-808.2808 .. 1.888-4RCOAST .. www.nccoastaMA ir4&2Q }t.net DCM -MNB CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. AddidonalInformadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development 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 (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties- e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name James Daniels Phone No. Address 104 Fairway Dr., Goldsboro, NC 27534 Name Ralph Pennington Phone No. Address 107 N. V Street, Wlmington, NC 211401 Name - - throne No. Address g. A list of previous state or federal permits issued for work on the "act tract. Include permit numbers, permittee, and issuing dates. LAMA General Permit #74578-D, Deborah Kellner, Issued 2114120 h. Signed consultant or agent authorization form, if applicable. I. Wedend 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 projed involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad, F7 Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development descnbed in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 326120 Print Name _Debra Wilson Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ®DCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC APR 2 0 2020 MAY 0 8 2020 25L-808.2fi08 :: 1-888.4RCOAST :: win•w.1) 0y_U7'%%ajgrCTM mont.n et Perm'Wass NEW 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 I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Deborah Kalnen 2400 Scotts Hill Loop Road, Wilmington, NC 28411 Permit Number 3-21 Authorizing development in Pender County at ate. to the AIW W. at 2400 Scotts Hill Loop Road, in Wilmington , as requested in the permittee's application dated 3/26/20 (MP-1&4), including attached workplan drawings (2), Sheets 3 of 4 workplan drawings dated "Revised" 12/3120, Sheet 3 of 4 cross section dated "Revised" 12/22/20, and revised project narrative dated "Revised" 12/3/20. This permit, issued on . January 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 1f these terms may be subject to tines, imprisonment or civil action; -or may cause the permit to pe null ano vo1a. Docking Facility Expansion 1) This permit authorizes the new pier, dock, floating platform, boatlifts, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. . Z/AZ� For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Deborah Kalnen ADDITIONAL CONDITIONS Permit No. 3- Page 2 of 3 3) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 4) 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. 5) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 6) 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. 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 8) This permit authorizes a maximum of six (6) formalized boat slips located as shown on the drawing labeled "NotA Slip" to the north of slip #1. The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 9) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 10) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 11) Should either adjacent properties to the north or south be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. USACE / FEDERAL CONDITIONS 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.ndf. General 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. Deborah Kalnen Permit No. 3-21 Page 3 of 3 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. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) All debris associated with the construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 197800291 (Action ID SAW-2020-00851). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0630. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. . Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel Canal Boat Basin Boat Rampluding Breakwaterreline Uter (NLW or lization NWL _ Length 82' Width `56 "NA Avg. Existing -2.6 Depth _- — Final Project 4 Depth - -- 1. EXCAVAMN a Amount of material to be excavated from below NHW or NWL in cubic yards. 189 cy a (i) Does the area to be excavated include coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL _ ®None (ii) Describe the purpose of the excavation in these areas: a. Location of disposal area. Private property (Northeast New Hanover Conservancy) adjacent to USACE DA 228 C. (i) Do you claim title to disposal area? ❑Yes ONO ❑NA (ii) If no, attach a letter granting permission from the owner. w (i) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. ❑CW _ ❑SAV ❑SB ❑WL _ ®None (ii) Describe the purpose of disposal in these areas: ❑This section not appiihceble b. Type of material to be excavated. sandy soil d. High -ground excavation in cubic yards. None b. Dimensions of disposal area 200' x 100' d. (i) Will a disposal area be available for future maintenance? ®Yes ❑NO ❑NA (ii) If yes. where? Same f. (i) Does the disposal include any area in the water? ❑Yes ONO ❑NA III) If yes, how much water area is affected? RECEIVED RECEIVED UR242M DCM WILMINGTON, NC revised:/2128/08 252.808-2808 :: 1.888-4RCOAST :: www.nccoastalman"ePment.net DCM-MHD CITY Form DCM MP-2 !Excavation and Fill, Page 2 of 1, ' 3. SHORELINE STABILIZATION (ll development is a wood groin, use Mi — Struchires) a. Type of shoreline stabilization ❑Bulkhead ❑Riprap ❑Breakwater/Sill [-]Other c. Average distance waterward of NHW or NWL. e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfll Riprap Breakwater/Sill _ Other i. Source of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No If yes, (it) Amount of material to be placed in the water (in) Dimensions of fill area (iv) Purpose of foil a How will excavated or fill material be kept on site and erosion controlled? existing berms and silt fencing c. (i) Will navigational aids be required as a result of the project? []Yes ❑No ®NA (it) If yes. explain what type and how they will be implemented. ®This section not applicable b Length 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. h. Type of fill material. ®This section not applicable (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e g., draghne, backhoe. or hydraulic dredge)? Bucket to barge for excavation and backhoe for placement in disposal site d. (1) 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. ArK z 4 Lau Debra Wilson, Agent for Deborah Kalnen Applicant Name C RECizmli 252-808.2808 :: 1.888.4RCOAET :: www_.neeoastalmaeayement.net MAY 0 b da revised: 12l2606 Form DCM MP-2 (Excavation and Fitt, Page 3 of 3) IS ,I—Z- b;o.f Applicant Signature RECEIVED DCM WILMINGTON, NC APR 2 0 2020 RECEIVED unv A O 252.808.2808 :: 1.888.4RCOAST :: www_.nee4Pgtalmanaagemgni.net revised: 12126106 DCM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina. ❑Commercial ❑Public/Government EPrivate/Community ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes NNo c. (I) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? NYes ❑No (it) Number Previously Permitted under GP If yes: (it) Number Previously permitted under GP (iiq Length (iv) Width (Ili) Length (v) Floating ❑Yes ❑No (w) width — (v) Floating ❑Yes []No e. (1) Are Platforms included? NYes []No f. (t) Are Boatlifts included? NYes ONO If yes: If yes: (it) Number 2 (ii) Number 3 (iii) Length 20' (iii) Length 12' (N) Width 5' (iv) Width 10, (v) Floating EYes ONO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. Z ❑ Full service, including travel lift and/or rail, repair or maintenance service (II) Number of slips existing ❑ Dockage, fuel, and marine supplies 0 ❑ Dockage ('Wet slips") only, number of slips: — ❑ Dry storage; number of boats: — ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel []Open water; no dredging required ❑Other please describe. k. Typical boat length: 18' - 24' m. (D Will the facility have tie pilings? []Yes ENo (it) If yes number of be pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Runabout I. (i) Will the facility be open to the general public? []Yes NNo RECEIVED DCM WILMINGTON, NC qPR 2 0 2020 RECEIVED 262-808.2808 a i-888-0RCOAST :: www_ncCOAstalmanagLement.net MAY O S 2020 revised: 12/27106 DCM-MHD CITY Form DCM MP-4 (Structures, Page 2 of A) 2. DOCKING FACILITY/MARINA OPERATIONS 0This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location. b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of -No Sewage Dischargesigns proposed. (ii) Give the location and number of'Pumpout Avallable" signs proposed. f. Describe the special design, ff applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i, Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the manna/docking facility proposed within a primary or secondary nursery area? []Yes ❑No RECEIVED :?SZ-6�r ^8G9 :: 1�8613,4RCOAS?' MAY U 8 2020 revised: 12/27106 DCM—MHD CITY Form 0CFA MP-4 (Structure:;. Page 3 of A) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Ves ❑No o. la the marina/docdng facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW ❑SAV ❑S8 OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Ves ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (Including covered lifts) ®This section not applicable I a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑Private/Community (ii) Number (ill) Length _ (N) Width Note: Roofed areas are calculated from online dimensions 11. GROIN (e.g., wood, sheetpile, etc. ff a rock groin, use MP-2, Excavation and Flll.) ®This section not applicable a. (1) Number (it) Length _ (ill) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length C. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NNW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ® This section not applicable a. Is the structure(s): ❑Commercial OPublic/Government OPrivate/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAY 0 8 2020 i)CIA-MI11) CITY 252-1foa-28un ;: 7-aabJlHCOASz :: w.vw.,icoyasi::imTfsaye;ne;tt.net ravrsEd: ?2r2 T:06 Form DCM Il (structures. Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 12' to the north & 4' to the south 41' to the north & 12Z to the south Note: For buoy or mooring piling, use arc of swing including length ofvesset c. Width of water body 570' e. (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. d. Water depth at waterward and of structure at NLW or NWL -2 75' A NLW before excavation 8. OTHER ❑ rhis section not applicsb) a. Give complete description: Pier (5' x 316), fixed platforms (1 @ 6' x 44' & 2 @ 5' x 20' each), all were previously permitted under GP #74878 and are under construction. Now proposing 3 boatlifts (10' x 12' each), 2 floating docks (5' x 20' each) and excavation of basin area. 3/26120 Date Kalnen Project Name _--- Debra Wilson, Agent for Deborah Kalnen Applicant Name 4" v Applicant Signature RECEIVED MAY 0 S 2020 DCM-MHI) CITY RECEIVED ACM WILMINGTON, NC APR 2 o 2020 252-808-2808 a 1.886-411i A3T :: revised: 12127/06 Debbie Wilson Consulting debbiew 75@charter.net (910) 612-0402 June 23, 2020 Revised 12/3/20 Revised Narrative As acting agent for Deborah Kalnen, who owns 2400 Scotts Hill Loop Road, Hampstead, in Pender County, N.C, I am submitting the enclosed CAMA Major Permit Application for a proposed private docking facility adjacent to the AIWW. Ms. Kalnen would like to construct a pier (6' x 277'), a fixed platform (6' x 44'), 2 finger piers (5' x 20' each) which were previously permitted under CAMA General Permit #74878-D which was issued on 2/14/20. Ms. Kalnen is now proposing to install 3 boatlifts (10' x 12' each) and add 2 floating docks (5' x 20' each). Also, the proposed floating dock located on the far northeast side will not have cleats and will have pilings located on the outside of the float to block usage as a slip, thus reducing the total number of proposed slips to 6 instead of 7. If additional tie-up restrictions for this floating dock are necessary, they will be added. The structures would not exceed the established pier head alignment of the project location. As proposed the finger pier and floating dock located on the north side will encroach 3' into the 15' riparian corridor setback and I I' into the 15' riparian corridor setback on the south side. Waivers have been obtained from the adjacent property owners and is included in this submittal. There will be no encroachment into the USACE Federal Channel Setback. Please feel free to contact me if you need any additional information or have any questions. RECEIVED DEC 0.71010 MP SECTION DCM - MHD CITY AN (r—AIW W —� of e UI c' m I � A I _Established Pier Head Alignment Q z' Deborah Kalnen 2400 Scotts Hill Loop Rd Hampstead, Pander County Drawn BY: Debbie Wilson Revised 12I3I20 Scale: 1' = 30' Sheet -1 of d i4iCotrour LEGEND O a tj �=Slip Numbers c 0= Water Depth Relative To MLW N I X 0= SAV I ' =Marsh ]5' II. e,e:I.*—i— lames Daniels i y Deborah Kalnen 2410 Sw Hill Loop Re I 24M Sco0s Hill Loop Rd I Ralph pinn Igton if 2390 Scats HNI Loop Rd `r t i RECEIVED DEC 0 31010 MP'SECTION DCM - MHD CITY Sant X-Sections NTS Proposed fixed Platform Proposed Boaturt Pier 2\ CROss SECTKW nTs Proposed Floating DocE -2.75' �HLW Existing Water cepth Existing Bottom Contour RECEIVED DEC 2 2 1010 MP SECTION DCM - MHD CITY Deborah Kalnen 2400 Stotts Hill Lp. Rd. Hampstead, Pender County Drawn by: Debbie Wilson 3/26/20 Revised 12/22/20 Sheet 3 of 4 1 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Deborah Ralnen COUNTY: Pender PROJECT NAME: 2400 Scotts HUI Loop Rd LOCATION OF PROJECT: 2400 Scotts Hill Loop Rd, Adj to AIWW, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-24-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE RECD: 5-11-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 741-20 MAIL OUT DATE: 5-8-20 PERMIT FINAL ACTION: ISSUE DENY Rr^ eNED MAY 0 8 Nd DCM-MHD CITY FEE REC'D: $400 (60/40)#2131 END OF NOTICE DATE: 6-1-20 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 6-1-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep ' DCM-LUPConsistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch (2 DWR-401 Section 7i' et/ iGI (914175 DWR — Public Water Supply DEMLR — Stormwater ' DEMLR — Sod and Erosion 5 _ DOA — State Property Office 5-A 'K Wildlife Resources Commission � Z' DMP — Shellfish Section 5 ' Z� DMF — Habitat & Enhancement 'Z -er o IK � A -n-'iNh� ldn�rl SO DNCR — Archives&History DNCR —Natural Heritage Program NCDOT NC Dept of Commerce 5 A - 11 M Wu NC Division of Coastal Management AEC: 1'(I Iv VJ Fee: $ q f J # 2131 Major Permit Application Computer Sheet CDAITS _ MHC cc _ Applicant:- Agent/Contractor: (1 5 Project Site County: ,ZA l Staff: , District: Wilmington Project Name: A Rover File: We River Basin-4 Initial date of application submittal: zo Date application "received as complete" in the Field office: " 2 - Ul Permit Authorization: ❑ CAMA C Dredge & Fill oth SITE DESCRIPTION/PERMIT INFORMATION a ORW: 7Wes ❑No PNA ❑Yes No 1 Photos Taken: Yes ❑ NX Setback Required (riparian) es Critical Habitat: ❑Yes ❑No of Sure 15 foot waiver obtained: Yes ❑No Hazard Notification Returned: ❑Yes)gNo SAV: Yes ❑No ❑Not Sure Shell Bottom: ❑Yes No Not Temporary Impacts: ®Yes ❑No Sure Sandbags: LJYes No EE11 Not Sure Did the land use classification come Mitigafon Required (optional): from county LUP: [ Yes ❑No ❑Yes No Moratorium Conditions: Environmental Assessment one: Length of Syoreline: ❑Yes ❑No ❑NA + O FT. oYes ❑No ❑NA Shellfish Area Designation: Project Description: (code) Development Area: (code) pen -or- Closed I O r S r'T� SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) C Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) VETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) rynosuroides) • (DS) Salt or spike grass (Distichlis (SC) Built or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemenanus) patens) APPLICATION FEE i ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 i C III(D) Priv. public or oomm 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 LJ Permit Transfer - $100 LJ lu(u) ruosc or commercial wr ijbr to i LJ capress rev n;l - . 4uuu acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ it Public or commercial/no dredge $100 and/or fill-$400 RECEIVED ❑ I. Private no dredge and/or fill - $250 II(C) Priv. public or comm w /D&F to 1 a e; 4144 can be applied; DCM needs MAY 0 8 2020 DWQ agreement - $400 i DCM-MHD CITY Major Permit Fee Schedule Project NameCheck No & Amount. _j: Coun H mac► �G� �i� �1'� it 1�6.6� ��Vt� � �� L � �%w DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that 100% ($400) 0% $0 ( ) does not involve the filling or excavation $400 of any wetlands or open water areas. III. For development that involves the filling and/or excavation of up to 1 acre of wetlands andlor open water areas, determine if &B. C, or D below applies lll(A). Private, non-commercial development, if General Water Quality $253 100% ($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 appli but DCM staff determined that ad - tonal $400 60% ($240) 40% ($160) review and written DWQ concurre ce is needed because of concerns relate water quality or aquatic life: III(D). If General Water Quality $400 60%($240) 40%($160) Certification No. 4175 cannot be applied: IV Development that involves tJfillingand/or excavation of more than $475 60%($285) 40% ($' 90) of wetlands and/or open water ,ECENED M4A 0 8 zon si,l\(i-6l HD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 5/6/2020 Debra D. Wilson Deborah Kalnen LGFCU 2131 $400.00 major fee, 2400 Scott's Hill Loop, JD rct. Hampstead PnCo SPLIT 60/40 10344 n = �y o os r rn m n o v � o Y� DCM Coordinator: Curt Weychert County: �j ) Permit #: v WIRO E-MAIL DISTRIBUTION SHEET Circle one: Bio;Rert /Permit for: r V ` " VV Oversize sent: DCM Offices: �orehead 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 (wiro). PN. Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Liz Hair (Pender & Carteret Co): PN, CL, Reports, Split Sheet (until territories are decided) i p n G , CL, Reports, Split Sheet Div of Water Resources: bb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet Div of Water Resources: Aheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ Marine Fisheries: DCM PlannerlWiRO: vAnne Deaton (temporary) w/Reports -Mike Christenbury Cultural Resources: Natural Heritage Prog. , enee Gledhill -Earley Environmental Reyiew0-nodenrgoy_ 'Rodney Butler _ DCA-Rural Eco. Dew ✓MJ/ark Ziegler _ NC DOT: " bavid Harris _ Wildlife Resources: Maria Dunn w/Reports State Property Office: firy Walton: DEED ike Moser Wanda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: 4er9my Humphrey (Bio) / Shannon Jenkins (Pt) aron Gupton, Admin. DEMLR: v6hristine Hall - Stormwater Section vilan Sams - Land Quality Section Public Water Supply: �fdidi Cox i~i g o Enforcement: ll�a r n Ttior�G,�(� v/ Field Rep:a _Co. LPO Agent: W.O \— DISTRIBUTED: "1 �0 RECEIVED MAY 0 S 2020 Updated 311120 CAMA/ShddA WUMPt"Way List Applican, K6,( Date: V. 10 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 I Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 - I I One One I �/ G� Msnt❑ ace ❑YNI �j- / 3 ew rf Maint ❑ ❑ Y:kN �. Work ?JD nt Repl 1�w% Me El ❑ Vace N New Work Lj Replace Main/ ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work i Replace Main/ ❑ I ❑ Y ❑ N New Work ❑ Replace Maint El ❑ Y ❑ N - New Work Replace Mart ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount 0 W Dredge ❑ Fill ❑ Both ❑ Othe"P I p 6O Dredg Fill ❑ Both ❑ Other ❑ 3 O Dredge ❑ Fill Both [-I Other Other n� L�/4'f O©Q I I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ i Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAY 0 S 2020 919.733.2293:: 1.888.4RCOAST :: w .nceoastalmanaieme nt. net d: 02.28,18 9 CCM-MHD for State Permit — Deborah total area of the existing and proposed structures was calculated as follows: Shoreline length = +/-60 ft. x 8 sq. ft = 480 sq. ft. allowable. Existine: Finger Pier — 6 x 44' = 264 sq. ft. (150 sq. ft. would count toward 480 sq. ft. allowance) Finger Piers — 2 @ 5' x 20' = 200 sq. ft. (100 sq. ft. would count toward 480 sq. ft. allowance) Proposed: Proposed floating docks = 2 @ 5' x 20' = 200 sq. ft. (100 sq. ft. would count toward 480 sq. ft. allowance) Total (existing) = 250 sq. ft. Total proposed = 200 sq. ft. The proposed development would provide docking space for a total of seven (7) vessels. The existing/permitted pier and fixed finger piers were authorized to extend approximately 142' into the waterbody, which measures approximately 568' across, which is CONSISTENT with NCAC 07H .0208 (b)(6)(G). The application also appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), the 15' riparian setback and federal channel setback. It appears the project would not impact any visible beds of SAV; however, it is recommended that a professional survey be conducted to ensure the proposed project would avoid any SAV, making the project CONSISTENT with NCAC 07H .0208(b)(1). Provided the resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. RECEIVED MAY 0 8 2020 DCM-MHD CITY NORTH CAROLINA Envlronn;rn7al )vo?gp May 7, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c u rt. wev ch a rt(cil N C D E N R. g ov SUBJECT: CAMA/Dredge & Fill Applicant: Deborah Kainen ROY COOPER (invernor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Director, Division ofCoas'lal Management Project Location: 2400 Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Pender County Proposed Project: Proposal to expand existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docksAifts. 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 June 1, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 Dan Sams AQENCY DEMLR SIGNATURE ,Banuef-gam. DATE May 8, 2020 RECEIVED MAY 018 2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9l9 796 7215 MP SECTION DCM • MHD CITY e- ROY COOPER f • MICHAEL S. REGAN ,.;: BRAXTON DAVIS NL7RTH CtiPC11U1it No .,,, fix!}!!'Cvurh'9i.ijlf1il:ii!>i... IMn✓v:m"nt. May 2020 MEMORANDUM: FROM: Curt`.Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3M,(Courler 11-12-09) curt:wevchert(UNCDEN R.aov SUBJECT: CAMA/Dredge & Fill Applicant: Deborah-Kalnen Project Location: 2400 "Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Pander County Proposed Project: Proposal to expand existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docks4ifts. Please indicate below your agency's position or viewpoint on the proposed project and return this -form to Curt'Wevchert atthe.address above by Jyne 14020? 7f you have any questions regarding the.proposed project, contact Jason Dail at (910) 796-7221 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. PEtMT NAME tN�k &Ar: n• RECEIVED SIGNATORE(t !Sr[u. MAY 1.2 2020 !DATE Id `d o MP SECTION DCM - MHD CITY Slate of North Carolina. l Environmchml Quality l Coastal Management• 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 NORTH CAROLINA Environmental Qnahry May 7, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)N CDEN R.gov SUBJECT: CA MA /Dredge & Fill Applicant: Deborah Kalnen ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Duvctor, Division ofCom'ial Management Project Location: 2400 Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Pander County I Proposed Project: Proposal to expand existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docksAifts. 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 June 1, 2026. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. . This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality SIGNATUREQo"&4 6Yi�� for Shannon Jenkins RECEIVED DA_ TE 05/27/2020 MAY 2 7 2020 MP SECTION DCM - MHD CITY State of North Carolina I Environmental Quality i Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Weychert, Curtis R From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, May 13, 2020 2:59 PM To: Weychert, Curtis R Cc: Mairs, Robb L; Dail, Jason Subject: [External] RE: CAMA Major Application: Deborah Kalnen Good afternoon, The project has been assigned Corps AID: SAW-2020-00851 and will be processed through the PGP 291 process. I should be able to get the notice out by the end of the week. Thanks -hope you are all doing well! Liz From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Friday, May 8, 2020 1:57 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: [Non-DoD Source] CAMA Major Application: Deborah Kalnen Hello All! Please accept this correspondence as the official distribution of CAMA application from Deborah Kalnen for development in Wilmington, Pender County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. the bottom portion of the comment sheet NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Curt Weychert at curt.weycheq@ncdenr.gov or (252) 808-2808 ext. 211 Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Manazement 127 Cardinal Drive Ext Wilmington, NC 28405 Phone:(910)796-7226 Tanya.Pietila(@ncdenr.gov K-C �Yoftnq Compres -,'- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Weychert, Curtis R From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, May 1S, 2020 12:35 PM To: Weychert, Curtis R Subject: [External] FW: CAMA MAJOR/PGP 291/SAW-2020-00851/ 2400 Scotts Hill Loop Road/Pender Curt, Please see comments from Navigation regarding the Kalnen dock project. The applicant will need to obtain a consent to cross as described in the email below. `Justin Annette in Navigation is the contact if you or the applicant has any questions regarding the process. Phone number: (910) 251-4196; Email: Justin.R.ArnetteC@usace.armv.mil RECEIVED Thanks, why 1 5 7020 Liz MP SECTION DCM - MHD CITY From: Arnette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette@usace.army.mil> Sent: Friday, May 15, 2020 6:26 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Cc: Owens, Jennifer L CIV USARMY CESAW (USA) <Jennifer.L.Owens@usace.army.mil>; HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil> Subject: RE: CAMA MAJOR/PGP 291/SAW-2020-00851/ 2400 Scotts Hill Loop Road/Pender This project is adjacent to the AIW W but is not close enough to the federal project for Navigation to comment. We do not feel it will have any negative impacts on the project. Please convey to the applicant that they will have to get a consent to cross our easement to reach the area behind DA 248 (assuming they plan to use the established road on the island to gain access outside the easement). They will neec to submit to me a request letter with a project description and a map (google earth is fine) showing where they plan to place material and where they plan to cross the easement. Thanks. Justin From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil> Sent: Thursday, May 14, 2020 5:59 PM To: kathrvn matthews@fws.¢ov; Leigh Mann@fws.gov; pace.wilber@noaa.gov; Pete Beniamin@fws.gov; Owens, Jennifer L CIV USARMY CESAW (USA) Jennifer.L.Owens@usace.armv.mil>; HORTON, J TODD CIV USARMY CESAW (US) <Jamel.t.Horton(aa usace.armv.mil>; Annette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette(&usace.armv.mil>; Environmental.Review@ncdcr.gov: Bowers, Todd <bowers.todd@eoa.gov>; ethan coble <Ethan.J.Coble@uscg.mil>; ', =ROY COOPER MICHAEL, S REGAN, 1nrtvtiry; ' BRAXTON DAVIS ' `i}}111`ye>ii4�1Ci�', '�:L3i-N' t'"L.k L2`�'�Y#• " l)rK'CrUR fNtnr mrfC'rwvaVv + �, Si fOtpt�M1lrienly . May7,�2020`s I A�EMORANDUll9`' E 6RQlN, Curt Weychert,,Assistint Major. Permits Coordinator c NCDEQ - Division of CoastalAiriagement ! 1 400 Commerce Avenue, -Morehead City,,NC.28667 ' Fax: 257-247-3330 (Courier 11712-09); I curt.wevchert(6.NCDENR.eov, ;'SUBJECT: CAMA'7Dredge'&'Flll Applicant:. Deborah Kalne»- P,rojeet Location: 2400 Scotts Hiii'Lcop Rd., adjacent to, thaA WW,Sin ;Wilmington, Pander Couirity 'Proposed;Projectc Proposal to expand existing pier, creating a seven (Uslip dockrng.facility In addiflon, the applicantproposes;to,dredgean�areaaroundtheproposeddocks/lifts- - Please indicate below'your;agency's'positionor viewpoint on the proposed project+and Ir®turn'this form to Curt WeGchart"atthe;address above by Jun®1, 802P: •If you have`any .questions 'regarding the`,proposed with•supportirig project contact Jason Dait'at (410) 7964221 when appropriate,:in-depth-comments deta is requested:- REPLY': IThis agency has no objection to the projectaslproposed: "Additional comments mays be -attached" ,. Thisagendy has no'comment on the proposed project. project only`if the ° reoomrnendedrehangm Thislagepee are inceaged, See aff-the This agency objeots;to the projectfbr.'reasons described in;the attached comments RiNT NAME M . A r: • ' S1GNA7URE 0/_ : RECEIVED , _ _. PAT_E 5'� �. $ Ze MAY 2 9 1010 ,:: '; MP SECTION ' C ," OCM-MHDLLCITY •„ �- :-: +:sttcalloM Carolino`l'Env tonmenml Quality (Coastd Msnagemetit _ ` "-�'� } ' - • 127 Ca,&al Drive Ext, Wilmington, NC 2"05 919 796 720 1 "' .' RO Y CI1l1PER t \IICHALL S. RC(iAN BRAXTON DAVIS May 7, 2020 MEMORANDUM. FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12-09) curt.weychertn,NC DEN R goy SUBJECT: CAMA /Dredge & Fill Applicant: Deborah Kainen Project Location: 2400 Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Pender County Proposed Project: Proposal to expand existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docks1lifts. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by June 1, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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" J� This agency has no comment on the proposed project. t"' SGd 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. n P,Yp� PRINT NAME W&-ri()Q tljL CU'J AGENCY J �di.ylta/ _ RECEIVED SIGNATUREAdu�`� �� L4 'QZ 2 S 2020 DATE 5�Z a2D MP SECTION DCM - MHD CITY Sw or North Carolina Environmental Qwhry Coastal Management 127 Cardinal Dove Ext, W,hmngton, NC 28405 919796 7215 Roy Cooper, Governor Machelle Sanders North Carolina Secretary Department of Administration State Property Office Tim Walton Director May 28, 2020 Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 From: Wanda Hilliard 1wil ta- 40J---� Real Property Agent Re: CAMA Permit Application Review Deborah Kalnen 2400 Scotts Hill Loop Road Adjacent to the AIWW, in Wilmington, Fender County Please confirm that the facilities are not located within the 1000'USACE AIWW 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 1 1321 Mall Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: http://w w.ncspo.wm ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Curt Weychert, DCM Assistant Major Permit Coordinator FROM: Anne Deaton, NCDMF Habitat Assessment Program Manager SUBJECT: Kalnen, Scotts Hill Loop Rd, Pender Co. DATE: May 27, 2020 North Carolina Division of Marine Fisheries,(DMF) has reviewed the CAMA major permit application to expand upon a previously approved General Permit for a docking facility. The permitted docking facility included an access pier, fixed spine, and two fixed finger piers. The requested additions include expanding the docking facility to have seven slips, including two boat lifts and two floating docks and to dredge an area 55 x 62' (3,410 ft2) around the docking facility to a depth of 4' MLW. The project is located on the Atlantic Intracoastal Waterway (AIWW) in Hampstead. Average water depth at the slips is reported to be 2.0-2.75' MLW. The waters at the site are SA-ORW and open to shellfish harvest, indicating excellent water quality. Numerous patches of submerged aquatic vegetation (SAV) were visually observed landward of the docking facility in April 2020 by the agent, per the bionarrative. The DMF's SAV mapping data from 2015 indicates a band of SAV approximately 55' wide growing along the entire riparian corridor of the applicant's property (Figure 1). On May 14, Anne Deaton and Nolen Vinay (DMF), Robb Mairs and Holley Snider (DWR) conducted an SAV survey of the site. Eelgrass (Zostera marina) was found landward of the proposed docking facility, as well as several locations within the proposed dredge footprint (Figure 2). Submerged aquatic vegetation (SAV) habitat is defined in MFC rule [15A NCAC 031.0101 (4)(i)] submerged lands that: (i) are vegetated with one or more species of submerged aquatic vegetation These areas may be identified by the presence of above -ground leaves, below -ground rhizomes, or reproductive structures associated with one or more SAV species and include the sediment within these areas; or (ii) have been vegetated by one or more species within the past 10 annual growing seasons and that meet the average physical requirements of water depth (six feet or less), average light availability (Secchi depth of one foot or more), and limited wave exposure that characterize the environment suitable for growth of SAV. The past presence of SAV may be demonstrated by aerial photography, SAV survey, map, or other documentation. An extension of the past 10 annual growing season's criteria may be considered when average environmental conditions are altered by drought, rainfall, or storm force winds. Submerged aquatic vegetation is a critical habitat for numerous forage species as well as juvenile species of fishery importance, such as shrimp, blue crab, bay scallop, flounder, spotted sea trout, RECEIVED —, %'Nothing Compares.-,..._ MAY 2 7 2020 State of North Carolina I Division of Marine Fisheries 8441Arendell Sheet I P.O.Box7b91 Morehead City. North Carolina 28557 MP SECTION 252-726-7021 DCM - MHD CITY and red drum. This habitat provides valuable ecosystem services, such as water quality enhancement through nutrient cycling and oxygen production. As a primary producer, SAV provides food or estuarine organisms and sequesters carbon. This habitat occurs in shallow water where light availability is adequate. Dredging would not only result in direct loss of SAV habitat, but permanently alter the bottom so that SAV could not recolonize that area due to depth, shading, and change in sediment substrate. Another concern is that the proposed dredged area will impact water flow and flushing since it will be deeper than the adjoining bottom which was 2' NLW. Recreational fishing and shellfishing occur in this area, and degradation of water quality or habitat would negatively impact those activities and could lead to a shellfish closure in the future. Due to the impacts to SAV and water quality, the division objects to the proposed dredging. To minimize impacts, DMF recommends extending the access pier by at least 40' seaward to. avoid SAV impacts and reach deeper water. The division also requests an in -water work moratorium from April 1- September 30 to reduce impacts to estuarine fish and existing SAV in the vicinity of the area. Thank you for the opportunity to comment. For any questions, contact Anne Deaton at (910) 796-7311 or Anne.deaton(&ncdenr.gov. Figure 1. SAV habitat mapped in 2015 in project vicinity. RECEIVED m^" 9 7 7020 —/'Nothing Compares MP SECTION State of North Carolina I Division of Marine Fisheries DCM - MHD CITY 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 26557 252-726-7021 r 5115Vl5rrNVMc, 5/11+A0 w/9dWhWr-' Nnlle tdcv-tWk,MneDeabn%Nolan imi @ q:-4'Nzodok om4a ,- I.OW'ru;IDEti9:0'IA'�. WI1,10-U6NWh2IA00cl E—AIWW 3' Ftpdapl foniwr Rdenlelnmltl Samadt WlonFoGl{p�9� ygg' V � IDTIi ovNiogooy MHV nol_we fl4Sg1 II'ICC•3, y , 1. • • I I P?oFoseDV.N S g n 6k� ?✓t Ur. prtetrgAV.Yi s ♦� I• • I R,peo. U�' I �U++TTEV , • l w w • I I w i I I ' areslN IV IV r4 W 1416 �V' yW yW v�3�W � I dW j �W IV IVW NI W I WW �Wr 'VW I. 01 I I W IV • y� 1. I I I W mvdrw>n umsm."W t I �1Y - '� N®alem,r.r.mmw I mwvYewubweae . ,, anelm rw.ma�rtveo r - r BNOIA2 CoN5 M s r•w ImotlmJeN i�fosmeltwlowaa r+bal wrrtiaa Slw SmmNOImpRJ W''p �P•&''I'I1w RECEIVED IrhVld! 2I79�7A OC61 Nl2 NC P ��1O0u WMwri'xd PIir,Pdl i�dot� w�bwllSF �asll Igure c. Survey or oentnic resources anu water tiepth at project site. RECEIVED '^/"Nothing Compares.. MAY 2 7 7M MP SECTION Stateof ect I P.O.Carolina Division ad CityMarine North DCM - MHD CITY 3441 Arendeli Street I P.Box 7691 Morehead Ciry, North Carolina 28557 252-726-7021 3 DocuSign Envelope ID: 821AE12C-264A-48C2-B72C-78D8328D84AB ROY COOPER i ik'-IAEI. S. REGAN; S. DANIEL SMI;V tDfrecrors CERTIFIED MAIL RETURN RECEIPT REQUESTED Deborah Kalnen 2400 Scoots Hill Loop Road Wilmington, NC 28411 NORTH CAROLINA EnvUonmental Quality May 28, 2020 RECEIVED fPA 2 9 1010 MP SECTION DCM - MnD CITY DWR Project #20200630 Pender County Subject Property: 2400 Scotts Hill Loop Road-Kalnen Private Docking Facility Pender County REQUEST FOR MORE INFORMATION Dear. Mrs. Kalnen, On May 8, 2020, the Division of Water Resources (DWR) received your CAMA major development permit application dated April 20, 2020 to allow for the proposed development of a private seven (7) slip docking facility with fixed piers; boatlifts, floating docks and a dredged boat basin within Topsail Sound and Middle Sound Outstanding Resource Waters Area (SA;ORW). The Division of Water Resources (DWR) has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. Additional Information Requested: Mrs. Anne Deaton of the Division of Marine Fisheries (DMF) sent a memorandum on May 27, 2020 outlining concerns regarding negative impacts the proposed dredged boat basin would have on the habitat and submerged aquatic vegetation (SAV) present within the proposed dredged boat basin foot print as well as the removal of approximately 3,410 square feet of SAV habitat. A low tide site visit conducted on May 14, 2020 by staff from the DMF and the DWR, during which submerged aquatic vegetation (SAV), eel grass, was observed within the footprint of the proposed dredged boat basin. Water depths observed at low tide indicate the proposed dredged boat basin lacks the proposed connecting water depth of -4 feet at normal low water (NLW) at the outboard edge of the proposed dredged boat basin. ` r , D � �.,- North Carolina Department of Environmental Quality ,I Division of Water Resohroes 'd� Wilmington Regional Office 1127 Cardinal Drive Fxtensloal. Wilmington. North Carollna28405 910.796.7215 DocuSign Envelope ID: 821AE12C-264A-48C2-B72C-78D8328D84AB DWR Project #20200630 May 28, 2020 Page 2 of 3 As proposed, the dredged boat basin would not have connecting depth and would not promote flushing. The DWR believes that the negative impacts associated with the proposed 7-slip docking facility and proposed boat basin dredging would remove use and degrade the surface waters resulting in a violation of the following Water Quality Standards: 15A NCAC 02B .0201 ANTIDEGREDATION POLICY (fl Activities regulated under Section 404 of the Clean Water Act (33 U.S. C. 1344) which require a water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be evaluated according to the procedures outlined in 15A NCAC 2H.0500. Activities which receive a water quality certification pursuant to these procedures shall not be considered to remove existing uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H.0506(c) (1)-(5) in determining the potential impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H 0231. 15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS (1) Best Usage of Waters: shellfishing for market purposes and any other usage specified by the "SB"or "SC" classification; (2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological standards as adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any source of water pollution which precludes any of these uses, including their functioning as PNAs, on either a short-term or a long- term basis shall be considered to be violating a water quality standard; 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS (2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values ofwaters classified ORW. Management strategies to protect resource values shall be developed on a site -specific basis during the proceedings to classify waters as ORW. New development shall comply with the stormwater provisions as specified in 15A NCAC 02H.1000. Specific stormwater management requirements for saltwater ORWs are described in 15A NCAC 02H .1007. New non -discharge permits shall meet reduced loading rates and increased buffer zones, to be determined on a case -by -case basis. No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds ofsubmerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC 031. 0101 (b) (2 0) (A) and (B), except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the designated areas or maintenance dredging for activities such as agriculture. A public hearing is mandatory for any proposed permits to discharge to waters classified as ORW. RECEIVED 0A, KA� 9 2020 MP SECTION DCM - MHD CITY DocuSign Envelope ID: 821AE12C-264A-48C2-B72C-78D8328084AB DWR Project #20200630 May 28, 2020 Page 3 of 3 The DMF memorandum recommended that the proposed boat basin dredging be removed from the project and the proposed docking facility be extended further into the waterbody to eliminate the impacts to SAV and habitat. Based on the recommendations of the DMF, the DWR supports the recommendation to remove dredging from the project and to extend the docking facility to deeper water to avoid negative impacts to SAV and SAV habitat. Please revise your application in accordance with the recommendations of the resource agencies. If the concerns of the resource agencies are not resolved the DWR will move to deny your application as required by 15A NCAC 2H.0506. If these concerns and recommendations are addressed to the satisfaction of the DMF, the DWR will have no objection. Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested information for the proper consideration of the application. If all the requested information is not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the DWR for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please contact Holley Snider at 910-796-7333 or hollev.snider@Qcdenr.gov or myself at 910-796- 7218 or morella.sanchez-king@a cn denr.gov if you have any questions or concerns. Sincerely, DocuSiSnetl by: E CMU& Sawlt"jAim E3ABA14AC7DC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: DMF Memo CC: Curt Weychert, DCM Morehead City Office -EC Tara MacPherson and Jason Dail, DCM Wilmington Office -EC Liz Hair, USACE Wilmington Regulatory Field Office -EC Maria Dunn, WRC-EC Anne Deaton, DMF Wilmington Regional Office -EC Debbie Wilson, Consultant -EC DWR 401 & Buffer Permitting Branch file — LF W1R0 RECEIVED A ItkR 2 91010 MP SECTION DCM - MHD CITY MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination- Deborah Kalnen. - Pender County Date: June 30, 2020 Consistency Determination: This project is consistent with the Pender County Comprehensive Land Use Plan Update. The applicant proposes to expand an existing pier, creating seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docks/lifts. The project is located at 2400 Scotts Hill Loop Road, adjacent to the AIWW in Pender County. I have reviewed this proposal for consistency with the Pender County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish (adjacent). The area is not a Primary Nursery area. Areas of Environmental Concern are PT and EW. Pender County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Pender County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project appears to be consistent with the Pender County Comprehensive Land Use Plan Update. Cc: FILE RECEIVED JUN 3 0 2020 MP SECTION DCM - MHD CITY Received: 5/29/2020 Historic Preservation Office ER 20-1131 NORTH CAROLINA Enrirnnmenial Onolit , May 7, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Divisiori of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertcDNCDENR.gov SUBJECT: CAMA /Dredge & Fill Applicant: Deborah Kalnen ROY COOPER Governor MICHAEL S. REGAN secreran BRAXTON DAVIS Director, Division o(Coasml Management Due: 6/8/2020 Em Project Location: 2400 Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Pender County Proposed Project: Proposal to expand existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docks/lifts. 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 June 1, 2020: If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X **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. PRINTNAME Renee Gledhill -Earley AGENCY Historic Preservation Office {� �v SIGNATURE RECEIVED _D_AT_ E 07/06/2020 JUL.0 T 2020 MP SECTION State 27Nmlh al Drive I t., Wilmington, Quality Coastal Management DCM - MHD CITY i 127 Cardinal Drive Ent., W ilmington, NC 28405 919 796 7215 Weychert, Curtis R From: debbiew75@charter.net Sent: Monday, June 1, 2020 8:08 PM To: Weychert, Curtis R Subject: [External] Kalnen Project 2400 Scotts Hill Loop Hey Curt, In response to comments received from DWR & DMF, I would formally like to request that the Major Application for Deborah Kalnen at 2400 Scotts Hill Loop Road be placed on hold in order to address these concerns and potentially modify the proposed structures. Thank you. Debbie RECEIVED IUN 01 ZM MP SECAON DCM - MHD'CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON.C. DAVIS Director Ms. Debra Wilson 4828 Carolina Beach Road Wilmington, NC 28412 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality June 4, 2020 This correspondence acknowledges your June 1, 2020 email in which you indicated that your client, Deborah Kalnen, wishes to place his CAMA Major Permit application in abeyance until the project has been redesigned and re -notification has been completed. Based on this request, processing of your application will be placed on hold until such time as a written request is received, in this office requesting a resumption of application' processing. As required by NCAC T15A:07J.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808 ext. 211, or by e-mail at Curt.Weychert@ncdenr.gov. Sincerely, Curtis Weychert Assistant Major Permits Coordinator RECEIVED D E JUN'0 4 1010 MP SECTION DCM - MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 July 20, 2020 Regulatory Division Action ID No. SAW-2020-00851/2400 Scotts Hill Loop/Kalnen dock and dredge Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the revised application of Ms. Deborah Kalnen, associated with the expansion of an existing docking facility, and new dredging, in waters adjacent to the AIWW, located at 2400 Scott's Hill Loop Road, in Wilmington, Pender County, North Carolina. Specifically, the applicant proposes to construct a pier (6' x 277'), a fixed platform (6' x 44'), 2 finger piers (5' x 20' each) which were previously permitted under CAMA General Permit #74878-D which was issued on 2/14/20. In addition to the above, the applicant proposes to install 3 boatlifts (10' x 12' each), add 2 floating docks (5' x 20' each), excavate a boat basin area measuring 42' x 59' to -4' @ normal low water, and excavate a proposed dredged access channel of 10'x 40' (out to the 4' contour) to ensure flushing of the basin area. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hnp://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 2. In order to avoid impacts to the existing SAV patches during project construction, the SAV patches will be visibly marked, and contractors made aware of SAV presence, so that project related vessels and equipment avoid the areas. 3.The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety IPA Office at (910) 772-2191. 4. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 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 N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 8. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 9. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 10. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 11. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of r Y� -'3- 1973 (North Carolina General Statutes Chapter 113A Article 4). 12. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 13. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 14. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished (without enclosures): USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Mr. Curt Weychert NCDEQ/DWR; Mr. Robb Mairs USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS-HCD; Mr. Pace Wilber/Ms. Twyla Cheatwood ONITED STATES DEPARTMENT OF COMMERCE T or Natlonal Ouanie and Atmospheric Adminlatratlon NATIONAL MARINE FISHERIES SERVICE Southeast Reglonal Office 26313b Avenue South �rmaw� St Petersburg, Florida 33701-5505 httos:lfv m.fisheries.noaa.sovlrealoNsoutheast (Sent via Electronic Mail) July 2, 2020 F/SER47:TC/pw Colonel Robert J. Clark, Commander USACE Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Liz Hair Dear Colonel Clark: NOAA's National Marine Fisheries Service (NMFS) reviewed public notice SAW-2020-00851 I. Ms. Deborah Kanlen proposes to expand an existing docking facility to seven slips by dredging and by installing three boatlifts and two floating docks. The docking facility is located along the Atlantic Intracoastal Waterway (AIWW) near Rich Inlet, Pender County. The Wilmington District's initial determination is the proposed project is not likely to affect adversely essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). The two new floating docks would extend waterward from the terminal end of existing fixed finger piers: To enhance ingress and egress from the dock, the applicant proposes to dredge 189 cubic yards from 3,410 square feet between the finger piers and new floating docks using the "bucket to barge" method. A barge would transport the dredge spoil approximately 1.2 miles from the project location to a disposal site adjacent to a spoil island known as USACE DA 228. Presumably, once the barge is at the spoil island, the applicant would use mechanical methods, rather than hydraulic methods, to move the spoil from the barge to the exact disposal location. While not stated explicitly in the notice, the disposal site appears to be uplands just outside the USACE disposal easement. Salt marsh occurs adjacent to these uplands. Diagrams in the notice indicate submerged aquatic vegetation (SAV) does not occur within the proposed dredge footprint, although many small patches of SAV occur within 15 to 100 feet of the footprint. The project area includes SAV and shallow sub -tidal bottom in close proximity to Rich Inlet. The SAFMC identifies SAV and shallow sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp and for estuarine species within the snapper/grouper I While the Wilmington District sent the notice on May 14, 2020, NOAA did not receive until July 1, 2020, due to an issue with NOAA's email server. AM complex (e.g., gray snapper and gag). The SAFMC identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge and experience high growth and survival rates when located in these habitats. The SAFMC also identifies SAV as a Habitat Area of Particular Concern (HAPC) for shrimp, gag, and gray snapper. HAPCs are a subset of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. The SAFMC provides detailed information on the EFH requirements of federally managed species in amendments to the fishery management plans and in Fishery Ecosystem Plan of the South Atlantic Region. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of these species serve as prey for fishes managed by the SAFMC (e.g., king mackerel and Spanish mackerel) or for highly migratory fishes managed by the NMFS (e.g., billfishes and sharks). The project area also includes bluefish and summer flounder, managed by the MAFMC with estuaries designated as EFH for these species. Given the small amount of dredging proposed and absence of SAV from the dredging footprint, the NMFS is not providing EFH conservation recommendations for this project. We do request, however, the applicant take measures to ensure project -related vessels and equipment avoid the existing SAV patches. One means for accomplishing this would be to mark the areas the vessels and equipment should avoid. Please note these comments do not satisfy consultation responsibilities under section 7 of the Endangered Species Act of 1973, as amended. If an activity "may effect' listed species or critical habitat under the purview of the NMFS, please initiate consultation with the Protected Resources Division at the letterhead address. Thank you for the opportunity to provide these comments. Please direct related questions or comments to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722 or at Twyla.Cheatwood@noaa.gov. Sincerely, WILBER.THOMX Digitally signed by W ILBER.THOMAS.PAYSON.1 S.PAYSO N.13658`366B201a6 Date: 2020.07.02 21:40:36 / for 20186-04'00' Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division cc: COE, Sarah.E.Hair@usace.anny.mil F/SER47, Fritz.Rohde@noaa.gov, Twyla.Cheatwood@noaa.gov Weychert, Curtis R From: Dunn, Maria T. Sent: Wednesday, July 8, 2020 2:18 PM To: Weychert, Curtis R; Mairs, Robb L; Snider, Holley; Deaton, Anne; Hair, Sarah E CIV CESAW CESAD (US) Subject: RE: [External] 2400 Scotts Hill Loop Rd Hi Curt, I believe if the issues were not addressed to the satisfaction of the applicant and resource / regulatory agencies than a meeting may be the best movement forward.'I have interest in the meeting if conducted. Thank you for the coordination, Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Wednesday, July 08, 2020 2:12 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: RE: [External] 2400 Scotts Hill Loop Rd Hey all, I read through the email chain that Holley sent me. It seems like the issues that were addressed before the modification weren't taken into full consideration in the reconfiguration. In speaking with Debbie, she had mentioned that her client was not pleased with the concerns that were raised from the resource agencies, which is why I think it may be good to have some kind of virtual meeting with a call in option so that the applicant can hear your concerns and justifications, or so that Debbie can relay those messages. If that is something you would like to be involved with, please let me know. Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert(a)ncdenr.00v 400 Commerce Ave Morehead City, NC 28557 From: Weychert, Curtis R Sent: Friday, June 26, 202010:04 AM To: Mairs, Robb L <robb.mairs@ncdenr.aov>; Snider, Holley <hollev.snider@ncdenr.eov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.ore>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair usace.armv.mil> Subject: FW: [External] 2400 Scotts Hill Loop Rd Importance: High Hey all, I received these updated drawings from Debbie earlier this week. Please review the new updated proposal and let me know if it will alleviate your previously outlined concerns, or if it answers the questions that your agency has addressed. If at all possible, I would be happy to set up a virtual meeting to discuss the changes and what can be done to move forward with the project; sort of a mini-scoping meeting. If that is something you would like to utilize, let me know and I can see when would be best and set up a virtual meeting. Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevcherto.ncdenr. aov 400 Commerce Ave Morehead City, NC 28557 From: debbiew75@charter.net <debbiew75@charter.net> Sent: Tuesday, June 23, 2020 2:11 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Subject: [External] 2400 Scotts Hill Loop Rd Hey Curt, Hope you had a great time in PA! Please take a look at the attached revised drawing and narrative for the Kalnen project at 2400 Scotts Hill Loop. Let me know what you think and if you need anything else at this point. Thanks! Debbie Weychert, Curtis R From: Deaton, Anne Sent: Wednesday, September 23, 2020 2:26 PM To: Weychert, Curtis R; Dunn, Maria T.; Snider, Holley; Mairs, Robb L; Harding, Kimberlee k Subject: RE: Kalnen Project Kim and I have reviewed the revised plan and we still have concerns. Although they moved the dredge footprint waterward, it is immediately adjacent to an area of observed SAV. Slumping of the dredged edge would end up impacting the SAV habitat in that area. The dredged area would need to be moved further waterward to avoid this impact. The boat lift area would be located over SAV habitat, and therefore prop dredging is also a concern. Also, the purpose and need for the dredging with this new design was not provided. There needs to be a clear need since dredging in ORW waters near SAV could potentially degrade waters and SAV habitat. If boat lifts can function in their proposed location without dredging, where water is estimated to be - 2.0-2.5' MLW, then why is dredging needed seaward of that for floating docks in water that is approximately 2.5' — 2.75' MLW?Another question is why would they want 3 slips at the floating docks since they will block the back 3 slips? Maybe this is normal but it doesn't make sense and seems to indicate they do not need to use all 6 slips at once. DMF does not object to this latest revision if the dredging is removed from the project. Alternatively, the applicant could extend the pier and T farther out so the boat lifts could be in deeper water (the area proposed for dredging inside the pier head line), but the number of slips would be reduced. Let me know if you have any questions, Anne From: Weychert, Curtis R Sent: Wednesday, September 23, 202012:14 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Snider, Holley <holley.snider@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Subject: Kalnen Project Hello again all, Debbie Wilson has been getting in touch with me over the last two weeks asking if there was any movement on this project. I haven't received formal comments from your agencies yet on the proposed changes. I wanted to reach out and see -if you foresee the need for additional meetings to identify concerns or problems, an idea of further ways to minimize or avoid, or if your agency is ready to provide comments on the new designs. Please let me know if you need any further information. Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. WeVchert(O7ncdenr.00y 400 Commerce Ave Morehead City, NC 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 4, 2020 Regulatory Division Action ID No. SAW-2020-00851/2400 Scotts Hill Loop/Kalnen dock Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the revised application of Ms. Deborah Kalnen, associated with the expansion of an existing docking facility, in waters adjacent to the AIW W, located at 2400 Scott's Hill Loop Road, in Wilmington, Pender County, North Carolina. Specifically, the applicant proposes to construct a pier (6' x 277% a fixed platform (6' x 44% 2 finger piers (5' x 20' each) which were previously permitted under CAMA General Permit #74878-D, issued on February 14, 2020. In addition to the above, the applicant proposes to install 3 boatlifts (10' x 12' each) and add 2 floating docks (5' x 20' each). Dredging is no longer proposed. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf 2.The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be -2- approved by the US Army Corps of Engineers (USACE) prior to implementation.. 1 4. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project: 6. 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 N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9.The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a, significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that -3- the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, I Digitally signed by H AI R.SARAH.E, HAIR.SARAH.EA.105469351 A.1 O54693 51,2-Date: 2020.12.04 14:05:21 -05-00' Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished: USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Mr. Curt Weycliert/Ms. Tara MacPherson NCDEQ/DWR; Ms. Holley Snider/Mr. Robb Mairs USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS-HCD; Mr. Pace Wilber/Ms. Twyla Cheatwood Doc Sign Envelope ID: BECB331D-911A-4003-A8AB-5BB751F884EC` ROY COOPER Govemor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 8, 2020 DWR # 2020-0630 Pander County Deborah Kalnen 2400 Scotts Hill Loop Road Wilmington, NC 28411 Subject: No Written Approval Required 2400 Scotts Hill Loop Road, Hampstead Dear'Mrs. Kalnen: The Division of Water Resources (DWR) has received a copy of your CAMA major permit application request dated received by this office on May 8, 2020. Additional revised plans were received on June 23, August 12, October 4 final plans with narrative were received on December 8, 2020. The application proposes to expand an existing residential docking facility. As proposed, the docking facility expansion would consist of the installation of two (2) floating docks and three (3) boatlifts to provide dockage for up to six (6) vessels. The docking facility would be located in the waters of Middle Sound which are classified as SA:ORW by the DWR. The DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 19800291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Permit when issued by the Division of Coastal Management. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). D ��� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 �� 910.796.7215 DocuSign Envelope ID: BECB331D-911AAD03-A8AB-5BB751F884ED DWR # 2020-0630 December 8, 2020 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following. the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Holley Snider at 910-796-7304 or holley.sniderencdenr.gov if you have any questions or concerns. Sincerely, Docussnedby. E1%0� bSaAa.(AtA)—film14AC7DC434... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Sarah Hair, USACE Wilmington Regulatory Field Office, EC Curt Weychert, DCM, EC DWR 401 & Buffer Permitting Branch file-LF WiRO DocuSign Envelope ID: 821AE12C-264A-48C2-B72C-78D8328D84AB t• ROY COOPER Govemor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Deborah Kalnen 2400 Scoots Hill Loop Road Wilmington, NC 28411 NORTH CAROLINA Environmental Quallry May 28, 2020 DWR Project #20200630 Pender County Subject Property: 2400 Scotts Hill Loop Road-Kalnen Private Docking Facility Pender County REQUEST FOR MORE INFORMATION Dear. Mrs. Kalnen, On May 8,, 2020, the Division of Water Resources (DWR) received your CAMA major development permit application dated April 20, 2020 to allow for the proposed development of a private seven (7) slip docking facility with fixed piers, boatlifts, floating docks and a dredged boat basin within Topsail Sound and Middle Sound Outstanding Resource Waters Area (SA;ORW). The Division of Water Resources (DWR) has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. Additional Information Requested: Mrs. Anne Deaton of the Division of Marine Fisheries (DMF) sent a memorandum on May 27, 2020 outlining concerns regarding negative impacts the proposed dredged boat basin would have on the habitat and submerged aquatic vegetation (SAV) present within the proposed dredged boat basin foot print as well as the removal of approximately 3,410 square feet of SAV habitat. A low tide site visit conducted on May 14, 2020 by staff from the DMF and the DWR, during which submerged aquatic vegetation (SAV), eel'grass, was observed within the footprint of the proposed dredged boat basin. Water depths observed at low tide indicate the proposed dredged boat basin lacks the proposed connecting water depth of -4 feet at normal low water (NLW) at the outboard edge of the proposed dredged boat basin. D��„ North Carolina Department of Environmental Quality l Division of Water Resources �J/n Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington, North Carolina 28405 mu e aiam1 /' - 910.796.7215 DocuSign Envelope ID: 821AE12C-264A48C2-B72C-78D8328D84AB DWR Project #20200630 May 28, 2020 Page 2 of 3 As proposed, the dredged boat basin would not have connecting depth and would not promote flushing. The DWR believes that the negative impacts associated with the proposed 7-slip docking facility and proposed boat basin dredging would remove use and degrade the surface waters resulting in a violation of the following Water Quality Standards: 15A NCAC 02B .0201 ANTIDEGREDATION POLICY () Activities regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) which require a water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be evaluated according to the procedures outlined in 15A NCAC 2H .0500. Activities which receive a water quality certification pursuant to these procedures shall not be considered to remove existing uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H.0506(c) (1)-(5) in determining the potential impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H.0231. 15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS (1) Best Usage of Waters: shellfishing for market purposes and any other usage specified by the "SB"or "SC" classification; (2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological standards as adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any source of water pollution which precludes any of these uses, including their functioning as PNAs, on either a short-term or a long- term basis shall be considered to be violating a water quality standard; 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS (2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values of waters classified ORW.. Management strategies to protect resource values shall be developed on a site -specific basis during the proceedings to class waters as ORW New development shall comply with the stormwater provisions as specified in 15A NCAC 02H.1000. Specific stormwater management requirements for saltwater ORWs are described in 15A NCAC 02H .1007. New non -discharge permits shall meet reduced loading rates and increased buffer zones, to be determined on a case -by -case basis. No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds ofsubmerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC 031. 0101 (b) (20) (A) and (B), except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the designated areas or maintenance dredging for activities such as agriculture. A public hearing is mandatory for any proposed permits to discharge to waters classified as ORW. DocuSign Envelope ID: 821AE12C-264A-48C2-B72C-78D8328D84AB DWR Project #20200630 May 28, 2020 Page 3 of 3 The DMF memorandum recommended that the proposed boat basin dredging be removed from the project and the proposed docking facility be extended further into the waterbody to eliminate the impacts to SAV and habitat. Based on the recommendations of the DMF, the DWR supports the recommendation to remove dredging from the project and to extend the docking facility to deeper water to avoid negative impacts to SAV and SAV habitat. Please revise your application in accordance with the recommendations of the resource agencies. If the concerns of the resource agencies are not resolved the DWR will move to deny your application as required by 15A NCAC 2H.0506. If these concerns and recommendations are addressed to the satisfaction of the DMF, the DWR will have no objection. Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested information for the proper consideration of the application. If all the requested information is not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the DWR for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please contact Holley Snider at 910-796-7333 or hollev.snider aAncdenr.eov or myself at 910-796- 7218 or morella.sanchez-kingAncdenr.gov if you have any questions or concerns. Sincerely, CDocuStgned by; GVY.UA. ,3,-U" E3A9A14AC7DC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: DMF Memo CC: Curt Weychert, DCM Morehead City Office -EC Tara MacPherson and Jason Dail, DCM Wilmington Office -EC Liz Hair, USACE Wilmington Regulatory Field Office -EC Maria Dunn, WRC-EC Anne Deaton, DMF Wilmington Regional Office -EC Debbie Wilson, Consultant -EC DWR 401 & Buffer Permitting Branch file — LF WiRO Weychert, Curtis R From: Harding, Kimberlee k Sent: Thursday, December 3, 2020 1:11 PM To: Weychert, Curtis R Subject: RE: [External] 2400 Scotts Hill Loop Rd - Kalnen DMF does not have any further comments or concerns with the updated plans for 2400 Scotts Hill Loop Rd — Kalnen application, that removed the dredge component for proposed docking facility. Kim Harding From: Weychert, Curtis R Sent: Thursday, December 3, 202012:23 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Snider, Holley <holley.snider@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: FW: [External] 2400 Scotts Hill Loop Rd - Kalnen Hey everyone, in conversations with all the agencies as well as the agent, I have received these revised drawings which indicate a removal of the proposed dredging from the project. If you can send me response is based on this new modification proposal, I can take the project off hold and move forward as long as there are no objections to the changes. Thank you so much, Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt.Wevchert(a)ncdenr.aov 400 Commerce Ave Morehead City, NC 28557 From: debbiew750charter.net <debbiew75@charter.net> Sent: Thursday, December 3, 202010:54 AM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Subject: [External] 2400 Scotts Hill Loop Rd - Kalnen CAUTION: External email. Do not click links or open attachments unless you verify. Submit all suspicious email using the Phish Alarm button or as an attachment to Report Spam. Hey Curt, Attached is the revised drawing and Narrative for Kalnen with dredging removed. Let me know if you need anything else. Take care and thanks! Debbie ROY COOPER Gommor ^ Y MICHAEL S. REGAN Secretmy BRAXTON DAVIS NORTH'CAROLINA Director, Divi.don ofCcwtal Ennimnmenldl Quali(r A/oaagemeat May 7, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt:wevcheM5INCDEN R.gov SUBJECT: CAMA 1 Dredge & Fill Applicant: Deborah Kainen Project Location: 2400 Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Pander County Proposed Project: Proposal to expand existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docksgifts. 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 June 1, 20201 If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: V 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 Holley Snider AGENCY DWR 401 Buffer Permitting Branch SIGNATURE PATE 12/09/2020 State orxogh Carolina I Envho=nW QuAV I Coastal Mmagement 127 Cardinal Drive Ex ., Wilmington, NC 28405 919 796 7215 DocuSign nveIope ID: BECB331 D-911A-4D03-ABAB-5B8751 F884ED ROY COOPER Governor MICHAEL S: REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmentat Quattry December 8, 2020 DWR # 2020-0630 Pender County Deborah Kalnen 2400 Scotts Hill Loop Road Wilmington, NC 28411 Subject: No Written Approval Required 2400 Scotts Hill Loop Road, Hampstead Dear Mrs. Kalnen: The Division of Water Resources (DWR) has received a copy of your CAMA major permit application request dated received by this office on May 8, 2020. Additional revised plans were received on June 23, August 12, October 4 final plans with narrative were received on December 8, 2020. The application proposes to expand an existing residential docking facility. As proposed, the docking facility expansion would consist of the installation of two (2) floating docks and three (3) boatlifts to provide dockage for up to six (6) vessels. The docking facility would be located in the waters of Middle Sound which are classified as SA:ORW by the DWR. The DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 19800291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Permit when issued by the Division of Coastal Management. In accordance with the attached General Certification 94175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. - You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httg://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office I t27 Cardinal Drive Extension I Wdmingtom North Carolina 28405 910.796.7215 DocuSign EnvelopLIID: BECB331 D-911A-4D03-A8AB-5BB751 F884ED DWR # 2020-0630 December 8, 2020 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Holley Snider at 910-796-7304 or hollev.snider &ncdenr.gov if you have any questions or concerns. Sincerely, Dowsignea by: EY46� -ki4 E3ABAUAGDD M... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Sarah Hair, USACE Wilmington Regulatory Field Office, EC Curt Weychert, DCM, EC DWR 401 & Buffer Permitting Branch file-LF WiRO STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES `WATER QUALITY GENERAL CERTIFICATION NO.4175 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT ACT), • REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS) • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND • WHEN APPLIED TO LAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS c 198000048,198700056, 197800080,197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3, 12,13,14,18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4175 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B)-(3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: February 1, 2019 Signed this day: February 1, 2019 By for Linda Culpepper, Director GC4175 Activities meeting any one (1) of the following thresholds or circumstances require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) Activities authorized by CAMA Major Development Permits, except: i) Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feet total of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; ii) Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie into existing bulkheads, land or other shoreline protection measures or (2),do not extend waterward of the normal high water or normal water line more than 10 feet, provided the activity will. not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iii) Living shorelines/marsh sills where (1) the landward edge of the sill does not extend waterward of the normal high water or normal water line more than 30 feet or five feet waterward of the existing wetlands whichever distance is greater, (2) the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill alignment, provided the Division of Coastal Management representative submits a copy of the written authorization for the General Permit to the Division upon issuance; or iv) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); v) Maintenance dredging of less than 0.5 acres of open water or non -vegetated wetlands, provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds are excavated or filled; vi) Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item (iv) above; vii) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as all impacts are temporary; viii)Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands, with the exception that no more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be Page 2 of 12 GC4175 considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and ix) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; or b) Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and investigation report to DWR for comment prior to the DMF Director's recommendation on the application for public notice or denial; or c) Any stream relocation or stream restoration; or d) Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: i) Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii) Proposes permanent wetland, stream or open water impacts; and iii) Proposes new built -upon area; and iv) Does not have a stormwater-management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater program'. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs require written approval; or e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or f) Any impacts Unique Wetlands (UWL); or g) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or h) Any impacts to subject water bodies ind/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application)unless: i) The activities are listed as "EXEMPT" from these rules; or ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. ' e.g. Coastal Counties, HQW, CRW, or state -implemented Phase II NPDES z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 3 of 12 GC4175 Activities Included In this General Certification that do not meet one of the thresholds listed above do not require written approval. Activities authorized by Coastal Area Management Act (CAMA) General Permits do not require written approval from the Division as long as they comply with all of the Activity Specific and General Conditions of this Certification listed below. In any of,the Activity Specific or General Conditions of this Certification listed below cannot be met, then written approval from the Division is required. I. ACTIVITY SPECIFIC CONDITIONS: 1. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910- 796-7215) Regional Office,, as applicable, are notified and provide approval prior to the release. 115A NCAC 02B .0221] 2. If this Water Quality Certification is used to access residential, commercial or industrial building, sites, then all parcels owned by the applicant that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)], '3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian. Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)l 5. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 10 feet. [15A NCAC 02H .0506(b)(4) and (c)(4)] 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate installation of silt fencing, turbidity curtains or similar appropriate devices around all areas subject to soil disturbance. Additionally, the project must remain in full compliance with all aspects of the, Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)] i Page 4of 12 i GC4175 7. For the 'North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NC5000250 shall serve to satisfy this condition. All other high - density projects that trigger threshold Item (f) above shall comply with one of the following requirements: (15A NCAC 02H .0506(b)(5) and (c)(5)] a. Provide a completed Stormwater Management Plan (SMP) for review and approval, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high -density development requirements of 15A NCAC 02H .1003. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Provide documentation (including calculations, photos, etc.) that the project will not cause degradation of downstream surface waters. Documentation shall include a detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size and existing condition of the receiving stream(s). Exceptions to this condition require application to and written approval from DWR. II, GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. 115A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for' use of this Certification without written authorization. [15A NCAC 02H .0501 and .0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .0200] 3. In accordance with 15A NCAC 02H .0506(h) and Session Law 2017-10, compensatory mitigation may be required for losses of greater than 300 linear feet of perennial streams and/or greater than one (1) acre of wetlands. Impacts associated with the removal of a dam shall not require mitigation when the removal complies with the requirements of Part 3 of Article 21 in Chapter 143 of the North Carolina General Statutes. Impacts to isolated and other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose, of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and maintained transportation projects that are not determined to be part of a larger common plan of development by the US Army Corps of Page 5 of 12 GC4175 Engineers, compensatory mitigation may be required for losses of,greater than 300 linear feet per perennial stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. - 4. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. 5. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200] Design, installation, operation, and maintenance of all sediment and .erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion, and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H-,0501 and .0502] Page 6 of 12 GC4175 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 026.0201] S. An NPDES Construction Stormwater Permit (NCG010000) is required for construction projects that disturb one (1) or more acres of land. The NCGO10000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. [35A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g.'sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other. state or federal agencies and coordinated with these activities. [15A NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMF.S) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be a Page 7 of 12 GC4175 such as to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written' approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across ,FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Page 8 of 12 GC4175 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. -Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(5)] 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 026 .0200 and 15A NCAC 02B .0231] 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 02B .02001 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross sectional dimensions, planform `pattern, and longitudinal bed profile. -For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. [15A NCAC 02H .0506(b)(2) and (c)(2)] 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] Page 9 of 12 GC4175 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of'Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be -staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 028 .0211 (12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [15A NCAC 02H .0506(b)(3) and (c)(3)] 22.In accordance with 143-215.85(b), the applicant shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act, (SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency [15A NCAC 01C .0107(a)] 24. This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non - Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General Water Quality Certification. [15A NCAC 02H .0507(d)] Page 10 of 12 GC4175 26. The permittee shall require its contractors and/or agents to comply with .the terms and conditions of this permit in 'the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this"Certification. A copy of this .Certification, including all conditions shall be available at the project site during the constructionand maintenance of this project: [15A NCAC 02H ,0507 (c) and 15A NCAC 02H .6506 (b)(2) and, (c)(2)] 27. When written authorization is required for use of this, Certification, upon completion of all permitted impacts included within the approval and any, subsequent modifications, the. applicant shall be required to return a certificate of completion. (available on the' DWR website https•//edocs.deg.nc.gov/Forms/Certificate-oi-Completion). [15A NCAC 02H .0502(f)] 28. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 29. If the property or project is sold or transferred, the new permittee shall be given a copy of this. Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] III. GENERAL CERTIFICATION ADMINISTRATION; 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required'shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). 2. This Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any `waters. This Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any.prescriptive right or any right of priority regarding any usage of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the Director, or DWR staff, upon the presentation of proper credentials, to,enter the property during normal business, hours. [15A NCAC 02H .0502(e)] Page 11 of 12 GC4175 4. This General Certification shall expire on the same day as the expiration. date .of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. S. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in, criminal and/or civil penalties. 6. The Director of the North Carolina Division of Water Resources may require submission of formal. application for Individual Certification for any project in this category of activity if it ` is deemed in the public's best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered, or threatened aquatic species, or degrade,:the waters so that existing uses of the water or downstream waters are precluded. ` HistoryNote: Water Quality Certification (WQC), Number4175 issued February 1, 2019 replaces WQC 4175 issued December 14, 2018; WQC 4144-issued December 1, 2017; WQC 4097 issued March 6, 2017, WQC Number 3900 issued March 19, 2012, WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995. Z ROY COOPER t;,,,,,,,,,, MICHAEL S. REGAN .Sccrelary BRAXTON DAVIS Director, Division ofCoaclal Management May 7, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(oNCDEN R.gov SUBJECT: CAMA /Dredge & Fill Applicant: Deborah Kalnen Project Location: 2400 Scotts Hill Loop Rd., adjacent to the AIWW, in Wilmington, Fender County Proposed Project: Proposal to expand existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docks4ifts. 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 June 1, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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 Dove Ext., Wilmington, NC 28405 919 7967215 RECEIVED MAY 0 8 2020 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Deborah Kalnen 2. LOCATION OF PROJECT SITE: 2400 Scotts Hill Loop Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Wilmington, Pender County. State Plane Coordinates - X: 248396 Lat:34°18'33.38"N Long: 77°44'02.69"W Y:3799827 3. INVESTIGATION TYPE: CAMA ROVER FILE —N/A 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/9120 and 4/29/20 Was Applicant Present — Yes (1 /9/20) 5. PROCESSING PROCEDURE: Application Received — 4/24/20 (Complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification from LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing —Single-family residence and partial docking facility Planned — Dock expansion resulting in seven (7) slips (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: (AREA] nRMC.Fn FI1.I.ED OTHER tated Wetlands (Mixed coastal & F404-ty;pe) Vegetated Wetlands water and SAV habitat area) 3,410 sq. ft. 560 sq. ft. inco orated) — High ground 20,000 sq. ft. (D) Total Area Disturbed: 23,970 sq. ft. (0.55 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes PROJECT SUMMARY: The applicant proposes to expand an existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docks/lifts. RECEIVED MAY 0 8 2020 DCM-MHD CITY Deborah Kalnen Page 2 9. PROJECT DESCRIPTION: The project site is located at 2400 Scotts Hill Loop Road, adjacent to the AIWW, in Wilmington, Pender County. To locate the property from the WIRO office, drive north on NC Highway 17 and tutu right onto Scotts Hill Loop Road. Follow Scotts Hill Loop Road approximately 2.37 miles and the property will be located on the right hand side at house number 2400. The property consists of a one -acre parcel that is situated on land that is approximately 5-22 feet above mean high water (MHW) and is vegetated primarily with lawn grasses. A single-family residence occupies the highground portion of the property. The shoreline is natural (no man- made shoreline protection features), and coastal and 404-type wetlands extend waterward from the high ground, a distance approximately 162 linear feet. Groundsel bush (Baccharis halimifolia) and Bulrush (Scirpus spp.) are among the species that vegetate the area immediately waterward of the transition zone. Waterward of this zone, Smooth Cordgrass (Spartina alternii lora), intermixed with Glasswort (Salicornia spp.) and Sea Lavender (Limonium carolinianum), span along the tidal flat a distance of approximately 162' before reaching the open water area of the AIWW. The width of the waterbody measures approximately 568' from marsh to marsh in this location. Submerged aquatic vegetation (SAV) is present between the marsh fringe and the edge of channel. Currently, a pier and platform are under construction at this location, and were authorized under CAMA General Permit GP#74878, which was issued on 2/14/20, The permit authorized construction of an access pier (5' x 315'), a fixed "spine" (6' x 441) and two fixed finger piers (2 @ 5' x 20'). Water depths in the vicinity of the existing platform range between -2 and -2.5', relative to Mean Low Water (MLW). Small "patchy" areas of SAV are located in the vicinity of the existing pier and platform; however, it appears the permittee and contractor were successful in avoiding any established beds of SAV during pier construction. The waters of the AIWW are classified SA-ORW by the Division of Water Quality. The project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is OPEN to the harvest of shellfish. PROPOSED PROJECT: According to the application package, the applicant proposes to expand an existing pier, creating a seven (7) slip docking facility. In addition, the applicant proposes to dredge an area around the proposed docks/lifts. As proposed, the applicant is requesting authorization (under this CAMA major permit application) to construct a seven -slip docking facility by installing three boatlifts and two floating docks. Information presented in the application package indicates two, 5' x 20' floating docks would extend from the terminal end of the two existing fixed finger piers (5' x 20'), in an easterly direction. RECEIVED MAY 0 8 2020 DCM-MHD CITY Deborah Kalnen Page 2 The proposed floating docks would provide dockage for up to four of the proposed seven slips. Two of the remaining three slips (each comprised of a 10' x 12' boatlift) would be located between the fixed forger piers, and the third lift would be located along the southern side of the southernmost finger pier. According to 2019 Google satellite imagery, it appears the applicant could extend as much as 142' offshore before crossing the established pier -head alignment. According to the site plan drawing, the proposed docking facility would be located just landward of the existing pier -head alignment, and well short of the Federal channel setback. Water depths in the vicinity of the proposed docking facility range from approximately -2.0' to -3.01, relative to the Normal Low Water level. Also, it appears, based on both a site visit made by DCM staff on 1/9/20 and Google Satellite imagery, the proposed docking facility would be located waterward of any SAV. In addition to the proposed docking facility, the applicant is proposing to dredge a 55' x 62' x - 4.0 (final depth) area around the proposed docking facility. According to the application package, approximately 189 cubic yards of material would be removed from the shallow bottom SAV habitat area as a result of the project, and would be removed via a "bucket to barge" type method. The proposed dredge footprint would extend beyond the limits of the existing fixed platform to the north and south and would extend easterly to a point beyond the proposed floating docks and pier -head line. Dredge spoil material taken from the project location would be transported via barge to a dedicated disposal site owned by the Northeast New Hanover Conservancy, and located at USACE's disposal island 228. Based on the drawing submitted with the application package, depicting the location of dredge spoil deposition, it appears the disposal area would be located outside of the Corp's easement. It should be noted the applicant's proposal would extend as far waterward as allowed based on the existing pier -head alignment and'/4 width limitation. Also, based on the work plan drawings, the applicant's proposal is located within her riparian corridor, but inside the 15' riparian corridor setback of both neighbors. Fortunate for the applicant, both adjacent riparian property owners "waived" the 15' setback, allowing encroachment. 10. ANTICIPATED IMPACTS The proposed docking facility would result in the incorporation of approximately 560 square feet of Estuarine Waters and Pubic Trust Area. No Coastal Wetlands should be impacted as a result of the project aside from temporary disturbances due to construction. Also, according to the application package, in April 2020 the agent (Debra Wilson) located and depicted on the site plan, numerous patches of SAV within close proximity of the proposed docking facility and dredge footprint. Based on this information, it appears the docking facility would avoid any SAV present; however, DCM and NC DMF staff have noted the entire area of the shoreline along the applicant's property as being SAV habitat area. Approximately 3,410 sq. ft. of shallow bottom SAV habitat (at a minimum) would be disturbed/removed as a result of the project and deposition of dredge spoil material could impact up to 200,000 sq. ft. of previously disturbed high ground. RECEIVED MAY 0 S 2020 DCM-MHD CITY Deborah Kalnen Page 3 The proposed development would be located within of the adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of the federal channel setback, within 1/< of the width of the waterbody and within the established pier -head line. Turbidity associated with the piling installation should be kept to a minimum. Submitted by: Jason Dail Date: 5/4/20 Office: Wilmington RECEIVED MAY 0 S 2020 DCM-MHD CITY Debbie Wilson Consulting 4 I-C;F11) tt= debbiew75@charter.net APR 2 0 2020 (910) 612-0402 March 20, 2020 Narrative As acting agent for Deborah Kalnen, who owns 2400 Scotts Hill Loop Road, Hampstead, in Pender County, N.C, I am submitting the enclosed CAMA Major Permit Application for a proposed private docking facility adjacent to the AIWW. Ms. Kalne would like to construct a pier (5' x 267'), a fixed platform (6' x 44'), 2 finger pier (5' x 20' each) which were previously permitted under CAMA General Permit #74 78-D which was issued on 2/14/20. Ms. Kalnen is now proposing to install 3 boat 'fts (10' x 12' each), add 2 floating docks (5' x 20' each) and excavate a boa basin area measuring 55' x 62' to -4' @ normal low water. The structures would not exceed the '/< width (142.5') of the waterbody which measures approximately 570' at the project location. As proposed the finger pier and floating dock located on the north side will encroach 3' into the 15' riparian corridor setback and 11' into the 15' riparian corridor setback on the south side. Waivers have been obtained from the adjacent property owners and is included in this submittal. There will be no encroachment into the USACE Federal Channel Setback. The excavation will be conducted by bucket to barge and all spoils will be placed on a private spoil site owned by Northeast New Hanover Conservancy located adjacent to the CORPS of Engineers spoil island (DA 288) and permission has been obtained. Please feel free to contact me if you need any additional information or have any questions. RECEIVED DCM WILMINGTON, NC APR 2 0 2020 RECEIVED MAY 0 8 2020 DCAd-MHD-CITY� ROY COOPER u„rrn,,. MICHAEL S. REGAN .1'e. rernn BRAXTON DAVIS May 7, 2020 Advertising@starnewsonIine.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Deborah Kalnen / Pender County Hello Angie: Please publish the attached Notice in the Monday, May 11, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC file WIRO USACE ort & Customer Assistance RECEIVED Sure of North Carolina I Etrmonmental miry, Cow Management MAY 0 8 2020 127 Cudroal Drlw Eat, Wilmiagoo, NC 28405 919 796 7215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted fora development permit in an Area of Environmental Concern as designated under the CAMA: On April 24, 2020, Deborah Kalnen proposed to expand an existing pier to a seven (7) slip docking facility, with associated dredging at 2400 Scotts Hill Loop Rd., adj. to the AIWW, in Wilmington, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910- 796- 7221) 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 June 1, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAY 0 8 2020 0CWMHD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS May 4, 2020 Director Debbie Wilson 4828 Carolina Beach Road Wilmington, NC 28412 Dear Ms. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the applicant — Deborah Kalnen, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities at 2400 Scotts Hill Loop, adjacent to the AIW W and Topsail Sound, in Wilmington, Pender County. It was received as complete on April 24, 2020, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is July 8, 2020. 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 April 24, 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-I19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Field Representative cc: Property owner: Deborah Kalnen, 2400 Scotts Hill Loop, Wilmington, NC 28411 W iRO — file Liz Hair, USACE Robb Mairs, DWR Q; RECEIVED North Carolina Department of Environmental Quaft : Division of Coastal Management MAY 0 S 2020 Wilmington office 127Cardmal Drive Extension Wilmington, North Carolina 28405 gi0.796.7215 l)CH-MHD CITY NOTI(O'$170A CAMA PERMIT APPLIED FOR A lip ....- .-iiiiiii .... - 11116�1111� UA A,-30 RL: 1L'L-w3L9LL2qk*m County. N rOMMEN . o v APPLICANT f i ACCEPTED THROUGH June 1 ZOZO Deborah Kalnen 2400 Scotts Hill Loop Rd. Wilmington —,MC Agent: Debra Wilcon (910) 612-0402 .9 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1 NC Iv. of Coastal 1 ming on, Jason al AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION{ Name of Property Owner Requesting Permit: tiLl, I12�Q4(• 011) 1ofjo Mailing Address b ,5Gog5 4, �� LCon Rr) Phone Number: s3.�o a Email Address: 1 I_ 11.'11 I certify that I have authorized Pl)e bbi e. Lo i snn Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development � / erg Jo Gtc .nnd 6 ))Tcrl h -4t at my property located at in ,: I') d C ( County. I furthermore certify that f 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: LL�k- �t Ka L- -ram Signature Mnrnh A �In)ne)'1 Print or Type Name Tide r_1'R I a&o Deto This certification Is valid through RECEIVED DCM WILMINGTON, NC APR 2 0 2020 RECEIVED MAY 0 8 2020 CER`iiFI-D MAtI._ _I2i~TU—q! G93tsT t 15TFP DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONfWAIVER FORM Name of ?t^^erfv t evner Deborah Kainon Address of Property 2400 Scotts Hill Loop Road; VVdrnington, NC 28411 (Lot or Street #, Street or Road, City & County) Agent's Name* Debbie VWSOn 4 Agenk s phone fF' (9'YD) &i 2-f3�1"Z - -- UapA g Add ew P. 0. Box 16275 I hereby certify that I own property adiacer)t to the abeve referenned pro{aerty The ir► Kgdual app*yh"v fo; tms v .otas ft'•x.:-oft �a "fit I'mmie, cnq r-3fttcoft� �%re dew3topt"rt( .— _ _ I have no objections to this proposal. _ I have objections to this proposal. Idgaaaa 43ve o ,,Ooms ftstwt + !3` nsn rtssaa r tia+ asa wif sa srrxaa r J C4 W AA—,%�, WtUO- . F 44 IWOW 49., 400M>s- Y'.ia'i�,v'3�`,d�,`.r%Y ,'xa?4'.�:c'�. _.. __ �__. _�..a°kY+?ti7'."rJP�' tYx�,P fy, as. ,r ;,:t_�#sr..r�. .4L`�"!e. .t�Ci!' ..z?n`e'S:"•.'_ No response is considered the same as "to oblexfrand` you have been np~ by Certined Mail. WAAVER SiE+CTM understand that a pies dock mowmV O*Mpq .p 304 t � E — Gir trust Te'SJ.'.ai+.." L ".•�"�#'.+u � nfA�R'i•. 'h'fA. :..SILL. :k yaa to wa a Li 1��J i do ish t waivthe 15' se back req it ment. J do gat wtsba W to&xe 5kke is sus r", Wm Snt (Property Owner Information) i9 e 2= �^•,t+netl ire s4`�', vaiezcr iut s^�sz�aa s :aat+�.:�>e+ Print or Type Name 2400 Scotts Hill Loop Road V-F,, qt Art iSss City/State/Zip (910) 443-3288 Telephone Number/Email Address 1 Riparian Pro pe Own formation) r / G o or Tyne Name cliq- 77,5`_,3, R&TCEIVED Tetpphone,1Vumbeg1 Email Ad"m rr a a MAY 0 8 2020 DCM-MHD CITY CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Deborah Kalnen Address of Property: 2400 Scotts Hill Loop Road, Wilmington, NC 28411 (Lot or Street #, Street or Road, City & County) Agent's Name #: Debbie Wilson Mailing Address: P. 0. Box 16275 Agent's phone #: (910) 612-0402 Wilmington, NC 28408 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. Gf' l fiaut� I+t Atf/ C&Ao M A/f 4 If you have ob ections to what is being proposed, you m notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at httpcOwww.nccoostaimanagemenr.neWreb/cm/staff-listing orby calving 1-888-4RCOAST. No response Is considered the same as no objection if you have been notified by Certified Mail, WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish two waive t� a setback, you must Initial the appropriate blaannk below.) l R 111�d/o wish to waive the 15' setback requirement. !�%"w cY T� �" �e I do not wish to waive the 15' setback requirement. (1eSetW,tr�a �._Fbaf o�SrTCifc� (Pqrropegqrt��y Owner Informati n)pq r✓�r r Pd7L Signature Deborah Kalnen Print or Type Name 2400 Scotts Hill Loop Road Mailing Address Wilmington, NC 28411 City/Statelzip (910) 443-3288 Telephone Number/Email Address 411612020 Dore Information) 1* Print or Typg Name AOjISA-V Ou MeA- OF A.J90 S"M a10 Mailing Address IWI44K.Ncaea Ne tg i. city/state/Zip " 24Ps-sgL-1117 Telephone Number / Email Address / 7 60t-I-2-02e Dare (RevisedA kQEIVED RECEIVED `IC WILMINGTON, NC APR 2 0 2020 MAY 0 S 2020 --- CWWOLTry — ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: X#1ph PENN,A161of-' !oq N. 6Sf Vill n1,Am/ fo/i /y c Z FYO/ ❑ Agent x ��„ j / ❑ Addresses e. eceivad by (Pdn Na C. Date of Delivery D. Is delivery address different from rem 17 ❑ Yea If YE"ryfardalryxlladtlleeablow. ❑No )CM WIl, CC\IIIGVVTCc011K NC APR 2n1020 3. Service Type ❑ PrIcrity Map Express® III IIII IIII III I III II IIII IIII III I I II II I I III ❑ Adult Signature ❑ Registered Mail^` Regist ❑ Adult Signature Restrioted Delivery ❑ Registered Mail Restricted 9590 9402 4674 8323 5973 01 ❑ Cadged Mahe ❑ NOW Meil RastdMed Delivery Delivery 0 Return Receipt for ❑ Collect on Delivery ❑ collect on Delivery Restricted Delivery Merchandise D Signature ConfirmetienTM p nrflrtla Numher Rmnsler from service khe0 ul ❑ Signature Confirmation 7018 3090 0001 8769 7736 rl Restricted Delivery Restricted! Delivery Ps Fond 3811, Jury 2015 PSN 753702-000-9053 Domestic Return Receipt ■ Cori piece items 1, 2, and 3. --��� [3 Agent ■ Print your name and address on the reverse X I)AIJi) r 17 Addressee so that we can return the card to you. S. Received by (Printed Name) C. Date of Deliv ■ Attach this card to the back of the malipiece, 5d D C— I or on the front if space permits. 1. Article Addressed to: D. Is delivery ad rs different from item 1? ❑ Yas IferHetjdFlF=r rr0RasR CwAD ❑ No J#ryL'.$ DCM WILMINGTON, NC /oN FA,Rapy APR 2 0 2020 6:oLalsivoi 141 273W 3, Service Type O Mail IIIIIIIII IIII illllll ll IIIIIIIII IIII IIII IIII III Adult Registered Maitre ❑ Adult Signature ❑ Re�gi�st�ered Mal Mail Restricted ❑ Adult Signature Restricted Delivery ❑ Da 9590 9402 4674 8323 5972 95 Ne ❑certified WHO hre rReeipt for CledM?estricted Deevery 0 Return o Ce�a�le ❑ Cotlect om Delivery Restricted Delivery 1) Signature Con9rmatl r- 'deil ❑ Signature Cwfi,mauon from aervl a fabe0 2. Article Number (Transfer — - _ .. oe�rr�r-t n„nvary 7018 3090 0001 8769 7743 PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt RECEIVED MAY 0 8 2020 DCM-MHD CITY Pender County Ldc March 26, 2020 fcd \N I RD, 28411 (Deborah Kalnen 2400 Scotts Hill Lp. Rd. Hampstead, Pender County Drawn by: Debbie Wilson 3/26/20 Sheet 1 of 4 1:22,517 0 0.175 0.35 0.7 mi 0 0.3 0.6 11 km N u0Z U 9 U'd JN `NoieNMIN WOQ a-3nl-3O-3a U I 55' , Alea To Be Dred) to 4' @ NLW i i I I Federal Channel Setback s o O be /. Width of Waterbody 122' -FoAtL,P4' ar, R�QgRI� JCo/`61�0 of Marsh 0 W W U W a 2400 Scotts Hill Lp. Rd. Hampstead, Pender County Drawn by: Debbie Wilson 3/26/20 Scale: 1" = 30' Sheet Aof 4 U EXISTING PRIMARY ACCESSWAY Approximately 170' within USAGE Eatement Area 4& MARITECH tr �' i y+ Y ZF S USACE DA 2# 'xF d �.t PROPOSED AREA OF DISPOSAL -- Pfivate Property — Northeast New Hanover Conservancy Approximate Area - 200' x 100' oJC/ a Q G, oogle E °/ I Soo n N =ERAL A ! DREDGE & FILL NO. 74878 A 8 C /� PERMIT Previous permit # f -'New 'Modification Complete Reissue _.. Partial Reissue Date previous permitlssued As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in a of environmental concern pursuant to 15A NCAC_ c .Re attKMd. Applicant Name �� Project Location: County Address 2 Street Address♦ State Road/ Lot #City s) t Aro�7 s *N - Swte/ZI —4— --- Phone # Authorized Agent Affected - CW WW Y11TA f HHF / AEC(s): --OFA . IN ORW: On,/ rW PNA Type of Project/ Activity _ Pier (dock) length '_'� (, Fixed Pladorm(s) r 1 40-JP X Floating Pledarm(s) Finger per(s) _.._ . Gran length nvmbe Bulkhead? Riprap .. ..-- aw cis <e a(fsha e max stance offshore Bazvi, < onel - <Ly yard r N Boat ramj\ Boathouse/ B Beach Bu ld" _.._... f Other i Shoreline Lengrht SAV: no[ sate yes Moratorium: Na yes C::�•' "I t a9t—W Photos: ye�qs ) 'tom-�kND ^� Warier Attached' A building permit may be required by: ( Note Local Planning Jurisdiction) Notes/ Special Conditions Subdivision City. -U c� v .'-w •'.-- Z1P_ ZL�L "ES L'FTS Plane# (.'""77=, , River Buin f-UM ,—a*A Ad. Wtr. Body _ l y.���yV Closest Mal. Wtr. Body..—NWO ram' Application ante statement on backof permit"" 21 VI Check * (Scale: Y. N i See ♦rote on backniaDaa[wms. -,)CM WILPAINGTON, N( Permit 's Pdnttl Nartr Signature «' �7cC1t7 P�k.���i Inuirg Date RGV GtVEuupiration Date MAY 0 8 2020 DCM-MHD CITY From: "Adam Knierim" <adamknierim@gmail.com> To: "debbiew75@charter.net" <debbiew75@charter.net> Cc: Bcc: Priority: Normal Date: Thursday April 2 2020 1:56:21PM Fwd: Disposal Site Use ---------- Forwarded message --------- From: bushardt <bushardt@bellsouth.net> Date: Thu, Apr 2, 2020 at 1:16 PM Subject: Re: Disposal Site Use To: Adam Knierim <adamknierim@gmail.com> Adam, You have permission to Thank you, Paula Bushardt President NENHC use the dredge spoil island. RECEIVED MAY 0 8 2020 'M-MHD CITY On Thursday, April 2, 2020, 09:13:09 AM EDT, Adam Knierim <adamknierim@gmail.com> wrote: DcMwICEIIVE APR 2 0 2020 Paula, I wanted to touch base on the request for the Scholar Project. Apparently, the project volume will be more like 500cy, not 100cy as previously stated. I just wanted to confirm that we still have permission for placement of 500cy? The project volume on the permit application has to match that of the spoil island consent. Just a formality. On Mon, Mar 9, 2020 at 11:31 AM bushardt <bushardt(cDbellsouth.net> wrote: Adam, You have permission to use our spoil island. Thank you, Paula Bushardt President NENHC On Monday, March 9, 2020, 11:29:50 AM EDT, Adam Knierim <adamknierim@gmail.com> wrote: Paula, I wanted to touch base on an upcoming project located at 2400 Scotts Hill Loop Road for Dean Scholar. The project consists of excavating approximately 100cy of sandy material around the existing docking facility located on the AIWW. I am requesting authorization fro placement of the material on the Northeast New Hanover Conservancy's disposal area. As with past requests, an emailed response will suffice for permitting purposes. Thanks again and have a great week. Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC RECEI\'"^ )CM WILMING` NC APR 2 0 26J RECEIVED MAY 0 8 2020 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 RECEIVED DCM WILMINGTON, NC APR 2 0 2020 RECEIVED MAY 0 8 2020 ,�2�4� Resist-' iif 84311 came of �: This tratnuneut drafted by: Robes G. Collins After recording, mail to: C, inn & Collins Low Offices, PLLC 215 Ratio. Dry., Suite 101 Wilmington, NC 28403 North Carolina ) QUITCLAIM BUD Pander County ) Partel IDa ✓ wiTHOLrr Tffl.'_ EXAMINATION 1-1�280-26-1143A000 0- RnNRxiALj- W W"'fir This deed, sable this cZZ day of August, 2013, MICHELLE RAE SALLING, married, as her sale and separate property potshot Waiver of Martial Rights recorded In Book 3642, Page 007, of the Peoder County Registry, (-'C^enmr') to ➢EBORAR ANN KALNEN, to m cried, 01`2400 Scons HW Loop Road, Witmingsoo, NC 28411 ('Grantes-). WIT14ESSFTII: That said Gramor, for and in consideration of the sum of S10.00 to them in hand paid, the receipt of %hich is hereby acknowledged. has remised and released and by that presents does remise, release, and forever quitclaim unto the Discount and their heirs and assigru all right, title, claim, and interest of the said Orantm in and to a cestain tract or parcel of lard lying and being in the County of Peoder and Some, ofNonh Carolina, In Townahip, and more prticuiNly described as follows: BEGINNING at an iron pipe located at a point in what was formerly the Eastern lint of Sidbury Drive as the same is shown an a Map thereof duly retarded in Map Book 1, at Page 96, in the office of the Register of Deeds of Peoder County, said Iron pipe and beginning point being located as follows: BEGIN-MNG at an iron stake ao the edge of the Sound near an old dead tree at Big Landing on the Imbued Wottrway, and being the dividing comer on the Sound between the lands of V.& Sidbury and Edith S. Crowley, and from said iron treat running thence North 23 degrees 45 minatet East 99.7 feet to a pipe, thence North 51 degrees 4S minutes West 200 feet to an iron pipe Inured in what was formerly the Easter., line of Sidbury Drive, running thence North 23 degrees 45 minutes East with what was formerty the Eastern lint of Sidbury Drive 360 fear am the abavemutloned iron pipe which murks the beginning comer of a tract of land herein described, and from said beginning point miming thence South 51 degrees 45 minutes Ev< 200 feet wbh the dividing line between Lots 5 & 6, as shown on roe abovemeedooed Map, running thence North 39 degrees 15 minutes East 60 feet to the comer between Lou 4 & 5 of said Map, running thrum North 51 degrees 45 minutes West along the dividing line between said Lon 4 & 5 and along the center line of a 15 foot alleyway hereinafter mentioned 2W feet to a point the, con to the former Eastern line of Sidbury Drive, running thence same course CI RECEIVEC DCM WILMINGTON, NC APR 2 0 2020 RECEIVED MAY 0 S ZOZO DCM-MHD CITY ON Per er county, ae Register of Deed. page 2 of 2 continued 30 feet to a point in what was formerly the center line of Sidbury Drive, running thence North 38 degrees 15 minutes East along the former center line of Sidbury Drive 60 feet, running thence North 51 degrees 45 minutes West 330 feet to the Northwestern corner of a land conveyed to R.A. Cromvcl and wife to M.C. Winter and wife, by deed duly recorded in Book 339, at Page 622, of the Pender County Registry, running thence South 38 degrees 15 minutes West at right angles to the last call 120 feet to the Southwesterly corner of a tract of land conveyed to M.C. Winter by deed duly recorded in Book 328, at Page 153 of the Pender County Registry, running thence South 51 degrees 45 minutes East along the Southerly line of the M.C. Winters' tract of land 300 feet to an iron pipe located at a point which was formerly a turn in the westerly line of Sidbury Drive, running thence same course continued 60 feet to the point of Beginning, together with an easement for right of way purposes of ingress, egress and regress, in, to, through, over and upon a 15 foot alleyway located between Lots 4 & 5 as shown on the abovementioned map, said alley being 7 1/2 feet wide on Lot 4 and 7 1/2 feet wide on Lot 5, and being 200 feet long. To have and to hold the aforesaid tract or parcel of land and all privileges themunto belonging to them the said Grantees and their heirs and assigns free and discharged from all right, title, claim or interest of the said Grantor or anyone claiming by, through or under them. In Testimony Whereof, said Grantors have hereunto set their hands and seals the day and year first above written. 1 t \�Q IAI (SEAL) MICHELLE RAE SALLING STATE OF NORTH CAROLINA COUNTY OF del I %,sa , i I, cSGbA If f (11 t i a Notary Public (or other qual 6ing officer) of said County, do hereby certify that MICHELLE RAF SALLING, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. . Witness my hand and official seal, this the �. day of 2013. (SEAL) My Commission Expires: RECEIVED CCM WILMINGTON, N APR 2 0 2020 tECEIVED MAY 0 S 2020 _MHDiCrTy- - O w o v F--AIWW —� W a U >�N o federal Channel Setback v o a° � - s m - O Water Depths Relative to NLW m - m` 1° n I I ° I� 1 5 I li dth of Waterbody 1;1 ^y Di o ^ ti' x 1 _ x _a A Vi H Boatlifts 10, 12' 122' X dF a 4111, sr +ly 1 • , Q o w I I I Edge I a W �ie0a%'6sl a �W y y) I Deborah Kamen �W yW 24W Stotts Hill I.P. Rd. 1 I �► -- Hampstead. gender County I W Drawn by: Debbie Wib on 3/26/20 Revised 4/24/20 P Scale: = 3V lames Daniels PL S Sheet Z of 4 2410 Scotts Hill Loop Rd 60' Ralph Pennington Deborah Kalnen 2390 Scotts Hill Loop Rd 2400 Scotts Hill Loop Rd RECEIVED DCM WILMINGTON, NC APR 2 e 2020 TYMAL PIER ELEVATION warom r Pier Top of Bank Proposed Fixed Platform CROSS SECTION NTs Boatlift Rna Proposed Floating Dock 1 -2.75' @NLW Existing Water Depth — Existing Bottom Contour Proposed Bottom Contour -4' Q NEW Deborah Kalnen 2400 Scotts Hill Lp. Rd. Hampstead, Pender County Drawn by: Debbie Wilson 3/26/20 Sheet 3 of 4 RECEIVED MAY 0 8 NZO DCM-MHD CITY