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HomeMy WebLinkAbout6-22 WIllard Family Farm LLC. Permit Class Permit Number NEW 6-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Willard Family Farm LLC., 7727 Masonboro Sound Rd., Wilmington, NC 28409 Authorizing development in New Hanover County at adj. to the AIWW, at 7719 Masonboro Sound Rd., in Wilmington , as requested in the permittee’s application dated 7/13/21 (MP- 1) and 10/28/21 (MP-2,4), including attached workplan drawings (3), Sheets 1-3 of 3 all dated 10/28/21. This permit, issued on February 2, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall not exceed -3 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4)No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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 Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Willard Family Farm LLC. Permit No. 6-22 Page 2 of4 ADDITIONAL CONDITIONS 5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal 6) No dredge material shall be placed within30 feet of the normal high-water line. 7) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 8) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 9) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B.A statement that no dimensional changes are proposed. C.A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for dredge materialdisposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee’s signature shown anew on the original plan. Docking Facilities 10) This permit authorizes only the repair and replace of the existing docks, piers, 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 these docking facilities without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 11) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring 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. 12) Any portion of the permitted access pier and docking facilities built over 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. Willard Family Farm LLC. Permit No. 6-22 Page 3 of4 ADDITIONAL CONDITIONS 13) 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. 14) This permit authorizes a maximum of five (5) formalized boat slips located as shown on the drawing labeled Sheet 3 of 3. The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 15) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 16) The roof of the gazebo shall not be designed for second story use. 17) 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. 18) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Boat Ramp Repair 19) Unless specifically altered herein, this permit authorizes the repair of one PVC roller style boat ramp, as indicated on the attached workplan drawings. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 22) 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. 23) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Willard Family Farm LLC. Permit No. 6-22 Page 4 of4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorization from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. WQC004601 and assignedthe project DWR Project No. 2021-1290. NOTE:Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: 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 Divisionof Water Resources. DIVISION OF COASTAL MANAGEMENT aa APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: W. Martin Willard COUNTY: ,New Hanover PROJECT NAME: Crown Point Canal Maintenance 0CM-UND CITY LOCATION OF PROJECT: 7719 Masonhoro Sound Rd, Adj. to AIWWMasonhoro Sound, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-12-21 PREFILE DATE: 05-28-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NIA FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $400 (60/40)#1818 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 9-3-21 END OF NOTICE DATE: 9-24-21 ADJ. RIP. PROP NOTICES REC'D: } DEED REC'D: Yes C) 75 DAY DEADLINE: .0 Il iZ '�,� 150 DAY DEADLINE: Z HOLDS: toW 2.( — "t z � MAIL OUT DATE: 8-30-21 STATE DUE DATE: 9-24-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM —Field Rep Z'{ Z 2.rw. SSrti DCM -- LUP Consistency Determination It ZZ�L( Local Permit Officer Corps of Engineers --- Regulatory Branch Z� ��Z dw- 3( �u 6D4s+ i Sca DWR-401 Section )IN W PIW 20V —17,90 DWR—Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office �? L r �I-gGvw c°oK,•-f Wildlife Resources Commission IOl 1), DMF Shellfish Section / 17, Y pu DMP — Habitat & Enhancement DNCR — Archives & History �1 Zvl7� W daOkL� DNCR — Natural Heritage Program NCDOT NC Dept of Commerce `Z, X Recommendations for State Permit — Martin W. Willard 1/5/2022 Shoreline length per DCM = — 319 LF x 8 SF/LF = 2552 SF (2000 SF is the maximum allowed per DCM) Shoreline length per City of Wilmington = 319 LF x 4 SF/LF =1276 SF (800 is maximum allowed per City of Wilmington) Existing floating dock (6' x 14') = 84 SF Existing fixed ramp take off (5' x 4') = 20 SF Existing pier (4' x 30') =120 SF Existing finger pier (4' x 12') = 48 SF Existing fixed platform (16' x 16') = 256 SF Proposed floating dock (4' x 16') = 64 SF Proposed fixed pier (6' x 284') =1704 SF (access credit, not counted) One proposed boat lift (12' x 8') = not counted for platform allocations Total = 592 SF The new docking facility would provide a total of 5 formalized boat slips. It appears that the proposed pier that extends into the AIWW is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6). The proposed docking facilities extending into the access channel are CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6)(G). The proposed structures would exceed the I/4 width of the man-made access channel but will not exceed the 1/3 width nor the existing pier headline within the -man-made canal. The proposed excavation of the area around the existing basin and canal appears to be CONSISTENT with 15 NCAC 07H.0208 (b)(1) based on previous permit authorization and maintenance events. The original footprint of the access channel into the AIWW, however is unknown. It appears that the applicant has taken the shortest path to deep water based on existing water depths. It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for stocking and navigational purposes. This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. J A N Fj 2022 MP S ICTI AJIMD Recommendations for State Permit — Martin W. Willard 8/24/2021 Shoreline length per DCM = — 319 LF x 8 SF/LF = 2552 SF (2000 SF is the maximum allowed per DCM) Shoreline length per City of Wilmington = 319 LF x 4 SF/LF =1276 SF (800 is maximum allowed per City of Wilmington) Existing floating dock (6' x 14') = 84 SF Existing fixed ramp take off(5' x 4') = 20 SF Proposed pier (4' x IT) = 68 SF Proposed pier (4' x 30') =120 SF Proposed fixed T Head (4' x 40') =160 SF Proposed fixed T-Head (4' x 40') =160 SF Proposed gazebo (16' x 16') = 256 SF Proposed floating dock (16' x 47) = 64 SF Proposed fixed pier = (6' x 284') =1704 SF (access credit, not counted) Four proposed boat _Lifts (12' x 8') = not counted for platform allocations Total = 932 SF The proposal was submitted to the City of Wilmington for review without response. Currently, it is unclear whether this project meets local city ordinances or not. The new docking facility would provide a total of 7 formalized boat slips. It appears that the proposed pier that extends into the A.1WW is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6). The proposed docking facilities extending into the access channel are INCONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6)(G). The proposed structures would exceed the A width of the man-made access channel. The proposed bulkhead appears to be CONSISTENT with 15 NCAC 7H.0208 (b)(7) Use Standards for Bulkheads. The proposed excavation of the area around the existing basin and canal appears to be CONSISTENT with 15 NCAC 07H.0208 (b)(1) based on previous pen -nit authorization and maintenance events. The original footprint of the access channel into the AIWW, however is unknown. It appears that the applicant has taken the shortest path to deep water based on existing water depths. It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes. This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. �R a?FC VED 0���-MHD fQTY Bodnar, Gregg From: Gupton, Sharon Sent: Monday, November 15, 2021 10:16 AM To: Bodnar, Gregg Subject: FW: Updated for W. Martin Willard No Comment from Shellfish Sanitation orrtlte,'W'. Martin Willard update in scope and scale. Sharon Gupton .Administrative Spedatist SheCoish Sanitation & RecreationaC Water Quality Division of-Varine Fisheries N.C.Department of Env%ronmentaCQ.uality 252-8o8-8118 office 252-726-6827 sharon.qupton@ncdenr.gov P.O. Box 769 Morehead City, NC 28557 NORit 4 Cr1RCLit`kUE ti 6t At'Gmnt Or EtWI—m tmentar Ooll Y Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Brannigan, Kelly E <kelly.brannigan@ncdenr.gov> Sent: Monday, November 15, 2021 10:06 AM To: Gupton, Sharon <sharon.gupton@ncdenr.gov> Cc: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov> Subject: RE: Updated for W. Martin Willard Hi Sharon, We will have no comments on the update, thank you! Kelly Brannigan Environmental Health Program Specialist Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Department of Environmental Quality 910.796.7219 office Kelly. Bran nigan(ancdenr.ciov_ 127 Cardinal Drive Ext. 1 ROY COOPER Governor ELIZABETH S. BISER secrerary BRAXTON DAVIS Director August 27, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar0_NCDENR.gov SUBJECT: CAMA/D&F Applicant: Project Location: W. Martin Willard 7719 Masonboro Sound Rd., adj. to the AIWW/Masonboro Sound, Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance excavation within an existing basin and canal, excavation of an access channel, install a new bulkhead along the northern side of the access channel, install docking facilities within the canal and install a docking facility northeast of the canal for a total of seven (7) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre Bodnar at the address above by September 24, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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 onal Water Quality SIGNATURE $ for Shannon Jenkins DATE 09/01/2021 North.Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 Ica iY�rhanmenrm� mwity 910,796.72215 ROY COOPER Gommor ELIZABETH S. BISER Sectwory BRl4}CTON DAVIS Direew August 27, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ » Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 77-12-09) g[2go.bodnarnNCDEN R.Qav SUBJECT: CAMA /D&F Applicant: W. Martin Willard Project Location: 7719 Masonboro Sound Rd., adj. to the AtWWAI 4asonboro Sound, Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance excavation within an existing basin and canal, excavation of an access channel, install a new bulkhead along the northern side of the access channel, install docking facilities within the canal and install a clocking facility northeast of the canal for a total of seven (7) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to GreguBodnar at the address above by September 24, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data Is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME_ AGENCY 1) e 4 , 0 (,o M SIGNATURE DATE 7 t 7-1 r,IV S P 7 2021 � � North Carolina Department of Environmental Quality I Division of Coastal Management C�foo--DEEEWilmin taro Office i 127 Cardinal Drive Extension I Wilmin t N 9 wi amp. Wmwft �'� 910,796.7x)5 cp.rri v From: Kathryn Thurston To: Bodnar, Gregg Cc: Hall, Bryan L Subject: [External] RE: Willard Family Faun revisions Date: Friday, November 12, 20219:30:34 AM Attachments: imaae003.ana CAUTION: External ernail. Do not click links or been attachments unless you verify. Send ail suspicious email: as an attachment to Ri?port Hey Gregg — I am so sorry. I went out there last week to take a look at what was on the ground and am just now getting around to comparing it to what was submitted. The new proposal is consistent with City Code based on the legal nonconformities on the ground and the reduction in the covered gazebo area to comply with current standards. Thanks! Kathryn From: Bodnar, Gregg<gregg.bodnar@ncdenr.gov> Sent: Friday, November 12, 2021 8:21 AM To: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Cc: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: Willard Family Farm revisions Morning Kathryn, Sorry to keep bothering but I wanted to make sure the revisions previously sent were consistent with the City before I send them to the other resource agencies. He did mention you were on site recently. But I don't want to further limit the timing of the project to give Mr. Willard due process. If the revisions are acceptable please let me know. I am planning on taking the project off hold on Monday and sending the revision out for agency review. Thanks as always, Gregg z� ,-f z.war Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental quality 252 808 2808 okt i15 (Office) Grigg �odnar�ncdenr.gov Enroll xorrespondence to and from this address is subject to the -forth Carolina Public Records taw and may be disclosed to thin! parties, 3P or• r■r ioRil I CAROIINA Planning, Development, and Transportation + Zoning Division 3 305 Chestnut Street PO Box 1810 Wilmington, NC 28402-1810. 910 254-0900 910 341-3264: tax wilmingtonnc.gov Dial 711 TTY/Voice City of Wilmington Response to CAMA Permit AEplication : DATE: 9128121 RE: 7719 Masonboro Sound Road, W. Martin Willard residence SAP 2 8 211 Gregg Bodnar, NCDEQ: Nm ECT10 N vld! pa , The city has reviewed the proposed request to reconstruct and expand the existing pier(s), dredge, and install a bulkhead at 7719 Masoriboro Sound Road and offers the following comments; • The existing pier may be extended as proposed and the existing 1`6' x 16' (256 square foot) platform maybe replaced;. however; the maximum covered area of the platformn is 200 square feet (16' x 1.2.5'). • No new piers are permitted; however, the repair or replacement of existing piers is allowed provided no enlargement of same is granted. • Bulkheads are permitted only by variance from the Board of Adjustment and provided the property has an identifiable erosion problem or unusual features; coastal management has documented the need for shoreline stabilization, and the. stabilization measured offered are no greater than necessary to resolve the erosion issues. • Within the 35' conservation. resource buffer, the city of Wilmington does not allow excavation, grading,. filling, or ditching except for within access channels previously approved by the Department of Environmental Quality pursuant to a valid CAMA permit. Maintenance dredging of the existing canal. and turning. basin is allowable under city code. �4_f C�_Q"'Z6 -D- � Kathryn Thurston Date Zoning Administrator North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and H story Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D. December 1, 2021 Gregg Bodnar gregg.bodnarkncdenr.gov NC Department of Environmental Quality 400 Commerce Avenue Morehead City, NC 28557 Re: Maintenance excavation within an existing basin and canal, excavate new access channel, install new bulkhead, install docking facilities, 7719 Masonboro Sound Road, Wilmington, New Hanover County, ER 21-2197 Dear Mr. Bodnar: Thank you for your letter of November 12, 2021, regarding the above -referenced undertaking. We have reviewed the submission and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earlcy, environmental review coordinator, at 919-814-6579 or enviromnental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer 4I , DEC ^ 2021 [.oration: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fax: (919) 814-6570/8146898 Received: 9/23/2021 Historic Preservation Office itOY COOPER Governor ELIZABETH S..Ii.ISER Secretary BRAXTON` DAUIS Director August 27, 2021 MEMORANDUM: .NORTH CAROLINA Environmental Quality ER 21-2197 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a?NCDENR.gov SUBJECT: CAMA /D&F Applicant: W. Martin Willard Due: 9/30/2021 9/27/2021 No comment —SBA S P P 2 S 2021 alqjNi, MID Project Location: 7719 Masonboro Sound Rd., adj. to the AIWW/Masonboro Sound, Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance excavation within an existing basin and canal, excavation of an access channel, install a new bulkhead along the northern side of the access channel, install docking facilities within the canal and install a docking facility northeast of the canal for a total of seven (7) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grecra Bodnar at the address above by September 24, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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 projectonly if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE Historic Preservation Office �.: uoxmicnr�ouNn Ilaparnnent al En�lmnmanmf 9uNity_ - DATE 09/28/2021 North CarolinaDepartment of Environmental Quality [ ;Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina A405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 27, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project. NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier. 11-12-09) areaa.bodnarONCDENR aov .LAMA /D&F W. Martin Willard 7719 Masonboro Sound Rd., adj. to the LUWWIMasonboro Sound, Wilmington, New Hanover County Proposal toAerform maintenance excavation within.an existing basin and canal, excavationof an access channel, install a. new bulkhead along the northern side of the access channel, install docking facilities within the canal and install a docking facility northeast of the canal for a total of seven (7) slips. Please indicate below your agency's position or viewpoint on the propcsed project and return this form to Grella Bodnar at the address above by September24, 2021 If you have any questions regarding the proposed project, contact Bryan Hall at (91 Q) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This. agency has no oblection 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. Comments: if no more `than a total of 7 slips "No corments". If there are 7 proposed slips and 4 exlst'ing slips totaling 11 slips, additional comments are needed. AIWW comments sheet attached, PRINT NAME- Wanda Hilliard AGENCY State Property Office ' 7 RI $ E V :9� W. .. Jf SIGNATURE+wo-gadU S F P 12 8 BATE Septeimber 28,2021 N E w 11 ' North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington 0€flee 1127'Cardinal Drive Extension I Wllmingtan, North Carolina 28405 fK111 ., ARIXIF - ' - ��� �{ . uepazfrnenl nl Fr, _ rnenlnf OoWl 910,796.7215 Roy Cooper, Governor lli FROM: SUBJECT Proposed Project .North Carolina Department of Administration State Property Office September 28, 2021 Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 p, egg.bodtiar h[Q11 NR. oy 'Wanda Hilliard���GLtc:.Q�0.� �11 ��1' Real Property Agent Department of Administration W. Martin Willard Pamela B. Cashwell Secretary Tim Walton Director 7719 -Masonboro Sound Rd., adj to the AIWW/Masonboro Sound, Wilmington, New Hanover County. Proposed Project Proposal to perform maintenance. excavation within an existing basin and canal, excavation of an access channel, install anew bulkhead along the northern side of the access channel, install docking facilities within the.canal and install a.docking facility northeastof the canal for a total of seven (7) slips Please confir n 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. - 'C � � I " State of North Carolina I State Property Office 06 West Jones Street; Suite 4055 11321 Mail Service Gtr. I Raleigh, NC 27699. 984 236 0270 T 1 Web: http://Www.nespo.com ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DPiAVIS Director August 27, 2021 MEMORANDUM: NORTH CQROLINA Environmental Qualtry FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 19-92-09) aregg.bodnar _NCDENR.gov SUBJECT: CAMA /D&F OCT 6 cG?_! Applicant: W. Martin Willard Project Location: 7719 Masonboro Sound Rd., adj, to the A1WW/Masonboro Sound, Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance excavation within an existing basin and canal, excavation of an access channel, install a new bulkhead along the northern side of the access channel, install docking facilities within the canal and install a docking facility northeast of the canal for a total of seven (7) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grectci Bodnar at the address above by Sep#ember 24,'2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE DATE 4��DEQ�� cnaou �n. onpanmcntOfW -b]gnaiiry 1015121 North.Carolina Department of Environmental.Quality I Division of Coastal Management Wilmington Office I :127 Cardinal Drive Exten$lon I Wilmington,.North Carolina 28405 910,796.7215 From: Dunn. Maria T. To: Bodnar, Greop Subject: RE: LAMA Major Application: W. Martin Willard Date: Friday, November 12, 2021 9:54:35 AM Attachments: image001.pngn Thank you, Gregg. NCWRC has reviewed the revisions and retains our earlier "no comment" submission. Please let me know if there is anything additional. Maria From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, November 12, 20219:45 AM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental. Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil> Cc: Hall, Bryan L <Bryan.L.Hall @ncdenr.gov> Subject: RE: CAMA Major Application: W. Martin Willard Morning all, After consultation with the City of Wilmington the applicant has revised the project to come into compliance with local ordinances. Please see above for updated documents. In summary the changes are a reduction in scope and scale. If previously provided comments change please let me know. Thanks, Gregg From: Pietila, Tanya K <tanya.pietila(@ncdenr.gcZv> Sent: Monday, August 30, 2021 1:31 PM To: Harding, Kimberlee k <I<Imberlee Harding(@ncdenr.gov>; Christenbury, Mike <mike.christenbury ncdenr,gov>; DCR- Environmental_Review <Environmental.ReviewPnSdc_r_gov>; Butler, Rodney A <Rodney.Butler(@ncdcr.gov>; Zeigler, Mark D <mzeigierAriccommerce.com>; Harris, David B <davidharris(@ncdot.Eov>; Dunn, Maria T. <mari wildlife.or >; Walton, Tim <tim.waltonPdoa.nc.gov>; Moser, Mike <mike.moser(@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard(@doa.nc.gav>; Humphrey, Jeremy <ieremy.humphreyl@ncdenr.gov>; Gupton, Sharon <sharo .guoton@ncdenr.g_ov>; Hall, Christine ROY COOPEP, Governor ELIZABETH S. BISER secretary i3RAXTONDAVIS Director August 27, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quatty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 1142-09) re .bodnar NCDENR. ov SUBJECT: CAMA.7 D&F Applicant, W, Martin .Willard Project Location: 17M Masonboro Sound Rd., adj to the ,AiWW/Masonboro. Sound, Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance excavation within an existing basin and canal, excavations of an access channel, .install a new Bulkhead along the northern side of the access channel, install docking facilities within the canal a. nd install a decking facility northeast of the canal for a total of seven (7) slips: Please Indicate belgw your'agency's position or viewpoint on the proposed project and return this forth to Grerrg Bodnar at the address above by September 24, 2021. if youhave any questions:regartling'the proposed project, contact Bryan Hail at (W0).79.6-7423 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 ofthe project only ifthe recommended changes are incorparated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME tC Is' I _1 Ut I ► f1 AGENCY �I SIGNATURE DATE tl. OCT FJ 2021 North Carolina Dep rouent of Rnironmenral Quality i ri€vlsion of Coastal Management Wifinington Office 1 127 Cardipai Drive .Extension i Wiimingtan, North Carolina 28405 fl'ryxtEx�J SFrr �mhlrtniLtl lHr+lilY 9M.796:7215 VP E C T 10 NN it H L IEEEC iVE- MEMORANDUM NOV P 2" 2C21 ii I ,?. To: Gregg Bodnar 3 C I � � � POI- �` From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, W. Martin Willard, Wilmington, New Hanover County Date: November 22, 2021 The applicant is proposing maintenance dredging of the existing canal and turning basin to the 1970 permitted depth of -3.0 feet, 20 feet wide at MLW with a 40' X 40' basin. The applicant does not intend to dredge the previously permitted area to the west of the turning basin. Also proposed is replacing the existing 4' x 270' pier and 16 x 16 platform, with a 6' x 284' pier with 16 x16 platform with 16'x12.5' gazebo and 4 x 16' floating dock. Also, replacing the existing Tee pier with boat lift in the canal and replacing the existing floating dock in the canal, as well as repairing the existing PVC roller ramp and a mooring for a 30' sailboat within the basin. The project is located at 7719 Masonboro Sound Road, adjacent to the AIWW in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW CW, ES and PTA. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, the Wilmington -New Hanover County Joint Land Use Plan allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Dow& n Envelope ID: DCE14F2E-1DFB-49C7-AB95-CA3D4E8E39EF ROY COOPER Cayernor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Willard Family Farm, LLC Attn: W. Martin Willard 7727 Masonboro Sound Road Wilmington, NC 28409 NORTH CAROLINA LEnvironmental Quality January 10, 2022 Subject: Approval of Individual 401 Water Quality Certification Crown Point Canal Maintenance USACE Action ID. No. SAW-2017-02553 Dear Mr. Willard: . DWR # 20211290 New Hanover County y SECTM POEM Attached hereto is a copy of Certification No. WQC004601 issued to W. Martin Willard and Willard Family Farm ,LLC, dated January 10, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee 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. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality 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 Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. North Carolina Department of Environmental Quality I Division of Water Resources _ EQ:> Wilmington Regional Offlce 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 a, �a o�.` 910.7961215 Willard Family Farm, LLC DocuSign Envelope ID: DCE14F2E-1DEB-49C7-AB95-CA3D4EBE39E5 DWR#20211290/WQC004601 Page 3 of 7 Todd Bowers, EPA, (via email) EPA Region 4 ( 401-R4notices e a. ov ) DWR 401 &Buffer Permitting Branch Electronic file J A N 2 0 n- 2'2 Willard Family Farm, LLC DocuSign Envelope ID: DCE14F2E-1DFB-49C7-AB95-CA3D4E8E39E5 DWR#20211290/WQC004601 Page 5 of 7 S. 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] 6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. [15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)] 7. 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. 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 North Caroline Department of Transportation 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. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c);15A NCACO2B .0200; 15A NCAC 02B .0231] 8. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within -the project to ensure wetland standards are maintained upon completion of the project. j15A NCAC 02H.0506(b);15A NCAC 02H.0507(c); 15A NCAC 0213.02 00; 15A NCAC 02B.0231] 9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. j15A NCAC 02H.0S06(b);15ANCAC 02H.0507(c)J 1777 hL f`! !) % 511 J A r C U,r r," : DocuSign Envelope ID: DCE14F2E-1DFB-49C7-AB95-CA3D4E8E39E5 Willard Family Farm, LLC DWR-920211290/WQC004601 Page 7 of 7 Morella. Sanchez -King Regional Supervisor Water Quality Regional Operations Section Bodnar, Gregg From: Currey, Gregory E CIV USARMY CESAD (USA)<Gregory.E.Currey@usace.army.mil> Sent: Tuesday, February 1, 2022 4:42 PM To: kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin @fws,gov; Tranter, Kent W CIV USARMY CESAW (USA); Horton, James Todd CIV USARMY CESAW (USA); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; Pau I.J.Bertram@uscg.mil; Ward, B.Posey@uscg.mi1; fritz.rohde; matthew.k.creelman2@uscg.mil; Twyla Cheatwood; Ellis, John; Snider, Holley; MacPherson, Tara; Howell, Jonathan; Trone, Rick V; Bodnar, Gregg; bryan.hall@ncdenr.gov Subject: [External] SAW 2017-02553 Willard Farm Dredging and Dock Modifications Attachments: 2021,-Willard Property Survey_MLW_211028 Revision.pdf, Revised Narrative 2-1-22.docx CAUTION: ExternaCe.Mail. Do not click linksbr open attachments unless you verify: Send all suspicious email as an attachment to Report Spam All, Pursuant to the CAMA-Corps Programmatic Permit process for PGP-291, the North Carolina Division of Coastal Management (NC DCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by March 3, 2022. The proposed project would be located in a man-made canal connected to the AIWW at 7719 Masonboro Sound Road in Wilmington, New Hanover County, INC. Dredging within the canal would occur at irregular widths (generally less than 30 feet) and the width out into the AIWW would be 30 feet. Dredging would occur to a depth of -3 MLW. Dredging would encompass approximately 12, 204 square feet of soft bottom with 1,793 cubic yards of sediment removed. Furthermore, approximately 860 square feet of coastal wetlands would be excavated. The dredging would be conducted mechanically by a land based long reach excavator and a barge mounted excavator. Spoil would be disposed of on -site at an upland spoil disposal area. In addition, the following modifications to docking facilities would occur: • Replacing the existing 4' x 270' pier and 16 x 16 platform, with a 6' x 284' pier with 16 x16 platform with 16'x12.5' gazebo and 4 x 16' floating dock. • Replacing the existing Tee pier with boat lift in the canal. (Slip 3 in drawing Sheet 3 of 3) • Replacing the existing floating dock in the canal. (Slip 2 in drawing Sheet 3 of 3) • Repairing the existing PVC roller ramp. • Mooring for a 30' sailboat in the basin. (Slip 1 in drawing Sheet 3 of 3) Please see the attached application narrative, plans and drawings dated June 14, 2021 and a location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not Bodnar, Gre From: Currey, Gregory E CIV USARMY CESAD (USA)<Gregory.E.Currey@usace.army.miI> Sent: Tuesday, February 1, 2022 12:36 PM To: wmwillard@gmail.com Cc: Bodnar, Gregg; Snider, Holley Subject: [External] SAW 2017-02553 Willard Family Farm Crown Point Canal Maintenace ,CAUTION:- External email. Do,-notcliak links or:open`'attachments unls5 you verify. Send:all suspicious email as an attachment to.' Reporf Spam: Mr. Willard, as per our phone conversation, on your updated narrative submitted to the Corps of Engineers on 11-12-21, please provide the following notes: • Page 2, Under "The proposed project includes"," Replacing the existing Tee pier with boat lift in the canal". Please list the slip # you are referencing. • Page 2 Under "Replacing the existing floating dock in the canal". Please list the slip # you are referencing. • Page 2 Under "Mooring for a 30' sailboat in the basin.". Please list the slip # you are referencing. Also for the dredging portion, list the total area in square feet that will be dredged and the total volume of material that will be dredged in cubic yards. Thank you, Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, INC 28403 PH 910-251-4707 Bodnar, Gre 22 From: William Willard <wmwillard@gmail.com> Sent: Saturday, December 4, 2021 9:53 AM To: Bodnar, Gregg Subject: Re: [External] Willard Permit Revisions CAUTION: External email. Do not click links or open attachments unless you verify, Send. ail suspicious .email as an attachrnent to ;Report Spam. That looks good. Slip #4 would be at the AIWW floater Martin Sent from my iPad On Dec 3, 2021, at 8:07 AM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Morning Mr. Willard, Sorry to bother again but I missed something in your description that I just picked up. You say that Slip#5 is between the mooring buoy and the north side of the AIWW pier. So I gave a description below of the slip count. Can you verify... Sl1p#1 In Basin. at anchor for Sail Boat (4,c�a� i,1 Slip#2 At.6x14 floater Slip#3 At Boat Lift with 412 Platform Slip#4 At AIWW Pier e �&AIWW g ing Slip# At Mooring nortpier 5— Just want to make sure I have the slip count and locations correct. Thanks again, Gregg From: Bodnar, Gregg Sent: Thursday, December 2, 20213:42 PM To: William Markin Willard <wmwillard@gmaii.com> Subject: RE: [External] Willard Permit Revisions �r GJc7�cr� Yes it does thanks. We consider both those moorings, so that helps tremendously. I am still waiting on comments from DWR and USACE, and have sent requests for updates today. Thanks again, Gregg t From: William Martin Willard <wmwillard@gmaii.com> Sent: Thursday, December 2, 2021 3:39 PM To: Bodnar, Gregg <gregg.bodna,r(2ncde,nr.gov> Subject: RE: [External] Willard Permit Revisions CAUTION: External mail. Do not..click links, or open attachments OnIle ss:you verify. Send.all suspicious,email as an attachment.:to Report Spai3. The 2 mooring buoys are currently on the north side of the AIWW pier. The plan was to keep one of them and slip # 5 would be between the pier and the buoy. There is not a mooring buoy in the basin. The basin slip has traditionally been secured by anchors screwed into the ground above the hi tide line. I hope that clarifies things. Thanks, Martin From, Bodnar, Gregg <gregg.bodnar@nedenr.gov> Sent: Thursday, December 2, 2021 11:28 AM To: William Martin Willard <wmwillard@gmail.com>; Hall, Bryan L<Bryan.L.Hall@ncdenr.gov> Subject: RE: [External] Willard Permit Revisions Morning Mr. Willard, I have a quick question to clarify with you. In your narrative you mention removing on of the 2 mooring buoys currently on site, keeping the one in the basin (slip#1). On the AIWW pier you note Slip #5 next to a mooring buoy. Is that the 2Id mooring buoy, and if so are you keeping that, or is Slip#5 associated with that AIWW pier? Thanks for the clarification, Gregg From: William Martin Willard <wmwillard@gmail.com> Sent: Friday, October 29, 202111:58 AM To: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Willard Permit Revisions CAUTIOW Externa.l'emaiL Do not click links or open attachmentsunless :you verify. Send all suspicious entail w an. -attachment to Report Spam. Bryan, Attached are revised drawings, project narrative, MP-4, and MP-2 that reflect removing the bulkhead from the project, and only rebuilding existing structures. My understanding from Kathryn Thurston is that this will satisfy the City of Wilmington's zoning concerns. If these look satisfactory to you, please remove the voluntary hold from the project. Thanks, 2 Martin Bodnar, Gregg From: William Martin Willard <wmwillard@gmail.com> Sent: Thursday, December 2, 2021 3:39 PM To: Bodnar, Gregg Subject: RE: [External] Willard Permit Revisions CAUTION. External emailDo not click links o"r openattachmen#sunless you verify: Send all suspicious email as:ars attachment to Report Spam. . The 2 mooring buoys are currently on the north side of the AIWW pier. The plan was to keep one of them and slip # 5 would be between the pier and the buoy. There is not a mooring buoy in the basin. The basin slip has traditionally been secured by anchors screwed into the ground above the hi tide line. I hope that clarifies things. Thanks, Martin From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, December 2, 202111:28 AM To: William Martin Willard <wmwillard@gmaii.com>; Hail, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: RE: [External] Willard Permit Revisions Morning Mr. Willard, I have a quick question to clarify with you. In your narrative you mention removing on of the 2 mooring buoys currently on site, keeping the one in the basin (slip#1). On the AIWW pier you note Slip #5 next to a mooring buoy. Is that the 2"d mooring buoy, and if so are you keeping that, or is Slip#5 associated with that AIWW pier? Thanks for the clarification, Gregg From: William Martin Willard <wmwillard mail.com> Sent: Friday, October 29, 202111:58 AM To: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodna_r@ncdenr.gov> Subject: [External] Willard Permit Revisions CAUTION: External email -Do. not click links or open.attachmentsunless :you verify: Sendall suspicious email as an attachment to Report Spam:: . Bryan, Attached are revised drawings, project narrative, MP-4, and MP-2 that reflect removing the bulkhead from the project, and only rebuilding existing structures. My understanding from Kathryn Thurston is that this will satisfy the City of Wilmington's zoning concerns. If these look satisfactory to you, please remove the voluntary hold from the project. Thanks, 1 Martin From: Bodnar, Gregg TO: "William Martin Willard" Cc: hall, Bryan L Subject: RE: [External] Willard Permit Revisions Date: Friday, November 12, 2021 9:54:00 AM Morning Mr. Willard, I have received confirmation from the City that the updates are consistent. I have sent the updated plans to the resource agencies as well and have taken the project off hold as of today. Please accept this email as notification that the project is off applicant hold as your request and the adjusted 75 day date is 11/24/21. With that date being so close and the agencies needing to review the updates, I would expect the project will be extended. But since the updates area reduction in scope and scale I do not see an extended additional review by the agencies. Thanks, G regg From: Bodnar, Gregg Sent: Wednesday, November 10, 2021 9:49 AM To: William Martin Willard <wmwillard@gmail.com> Cc: Hall, Bryan L<Bryan.L.Hall@ncdenr.gov> Subject: RE: [External] Willard Permit Revisions Morning Mr. Willard, To date I have not heard back from the City. I have contacted them a couple times this week. I would suggest giving them till Monday to reply, then I think we have given the City ample time to reply and should take the project off hold and send the revisions to the agencies for review. I will contact them again before the end of the week and notify them that we need to get this out for review. Please let me know if this is acceptable to you. Thanks again, Gregg From: William Martin Willard <wmwillard(@gmai€.com> Sent: Tuesday, November 2, 2021 1:27 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] Willard Permit Revisions CAUTION: External email Do notclick links or open attachments unless you verify: Send all suspicious.emailas an Bodnar, Gregg From: William Martin Willard <wmwillard@gmail.com> Sent: Thursday, October 14, 2021 12:22 PM To: Bodnar, Gregg Subject: RE: [External] RE: Willard Family Farm CAMA Application CAUTION Exte.rnal email Do not click links..or open attachments unless you verify. SWd'all suspidbus :email as`an attachment to Report Spam: Let go ahead and put it on applicant hold. How do I restart it and is there a waiting period after the restart? Thanks, Martin From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, October 13, 20214:02 PM To:'William Martin Willard' <wmwillard@gmail.com> Cc: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: RE: [External] RE: Willard Family Farm CAMA Application Hey Mr. Willard, I spoke to DWR today and they are looking at the project now and may need to make a final decision soon. That may cause some problems with your re -design and it may be advantageous for you to place the project on applicant hold while you re -work your ideas and allow DWR to hold on and wait for the re -design. An applicant hold is driven by you and you decide when we re -start. If this sounds good you can just email me your reply. If you'd like to discuss options please give me a call. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 $08 2808 ext 215 (Office) --- Gr. ex►c,Bodnar ncdenr.$ov "mail corresaondenice to and from this address is subject to the North Carolina Public Records Lary and may be disclosed to third parties, From: Bodnar, Gregg Sent: Monday, October 11, 20213:58 PM 1 A To: William Martin Willard <wmwillard@gmail.com> Cc: Hall, Bryan L <Br an.L.Hall ncdenr. ov> Subject: RE: [External] RE: Willard Family Farm CAMA Application Understood. Thanks for the update. I will continue to standby and please keep me in the loop as things evolve. Thanks again, Gregg From: William Martin Willard <wmwillard@gmaiLcom> Sent: Monday, October 11, 20213:57 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: RE: [External] RE: Willard Family Farm CAMA Application CAUTION. External email D.o not click links or open; attachments unless you verify. Send:,al1 suspicious email as an attachment to. - Report Spam; Gregg, Both Katherine with the City, and Bryan were out of the office all last week so I was unable to get up with them. I hope to be able to speak to both of them by tomorrow and will then have a better idea how to proceed. My initial thoughts are to reduce the size of the Gazebo to 200sf, eliminate the bulkhead, and rebuild the existing structures within the canal rather than replace them with new structures. I believe this will satisfy the city. As you suggested, I hope to work out the details with Bryan and Katherine this week. Thanks, Martin From: Bodnar, Gregg <greg_g.bodnar@ncdenr.gov> Sent: Monday, October 11, 202111:12 AM To:'William Martin Willard' <wmwillard(@gmail._com> Cc: Hall, Bryan L <Bryan.L.Hall@ncdenr.i?ov> Subject: RE: [External] RE: Willard Family Farm LAMA Application Morning Mr. Willard, I wanted to check in to see if you had any updates? Hope all is well, Gregg From: Bodnar, Gregg Sent: Wednesday, September 29, 20211:34 PM To: William Martin Willard <wmwlllard@gmail.com> Cc: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: RE: [External] RE: Willard Family Farm CAMA Application 2 That sounds doable. I would get up with Bryan to discuss the finer details and make sure Wilmington is good with the request. Gregg From: William Martin Willard <wmwillard@gmail.com> Sent: Wednesday, September 29, 2021 1:26 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] RE: Willard Family Farm CAMA Application CAUTION. External,e: mail Do not'click llnks or open!attacH:rrments unless you verify'. Send all suspicious .ea mail as an attachment to .Report Spam': I meant to keep all the existing structures as is. Then apply for a 2"1 permit to replace and add structures after consultation with the city and as funds become available. Continued use of the existing structures will be difficult if not impossible without the maintenance dredging. Thanks, Martin From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, September 29, 2021 12:23 PM To: William Martin Willard <wmwillard mail.com> Cc: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: RE: [External] RE: Willard Family Farm CAMA Application By proposed structures do you mean the new structures and keep the proposal to replace the existing structures? The reason I ask is that the purpose and need for dredging would be the use of the docking facilities and any other water dependent access. If there were no docking facilities on site then there would be no need to dredge. Gregg From: William Martin Willard <wmwiilard mail.com> Sent: Wednesday, September 29, 2021 10:29 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Hall, Bryan L <Bryan.L.Hall@ncdenr.gov> Subject: [External] RE: Willard Family Farm CAMA Application CAUTION: External email. Do not click I�nks'or open attachments unless yoti.verify,Send all suspicious email as:.an attachment to Report 5pair� Good Morning Mr. Bodnar, I am trying to get in touch with someone with the City to better understand their concerns and my options. Would it be possible to just drop all the proposed structures from the application so I can get the maintenance dredging approved and scheduled, and then after I get everything worked out with the city get a 2"d permit later for the structures of my project? I was intending to do it in phases anyway. After I hear back from you and speak with the city, I will let you know if I want the applicant hold. Thanks, Martin 3 y � 4 From: Bodnar, Gregg <greRg.bodnar@ncdenr.gov> Sent: Tuesday, September 28, 2021 1:42 PM To: wmwillard@gmail.com Cc: Hall, Bryan L <Bryan.L.Half @ncdenr.eov> Subject: Willard Family Farm CAMA Application Afternoon Mr. Willard, Please see above for recent comments from the City concerning the proposal. There are a number of things that the City has determined are inconsistent with local ordinance. Most notably are the gazebo size, replacement of existing piers only, and the need to receive a variance for the bulkhead. Though I think these modifications are achievable with revisions of the project, at this time the project is inconsistent with local ordinance and would be a denial if we continued processing the application. I would suggest placing the project on applicant hold until you can review the City's concerns and revise the project to be consistent with the City. This would include documentation that the City has approved the variance for the bulkhead. Please let me know how you would like to proceed. If the applicant hold is agreeable you can reply to this and I can place the project on hold until you are able to work through the issues. To date I do not have any other comments of concern, but if additional comments do come in while the project is on hold I will pass them along. Thanks, Gregg Gregg &xdnar Assistant Major Permits Coordinator Division of Coastal Management D71 r Department of Environmental Quality 2S2 80 280 ext 215 (Office) ... `. ___.... . - Gmg.gqdilat nCtl" y ,Email carrespoodence to and from this address is subject to the North Carolinas Public Records Law and may be disclosed to third Parties. 4 Y a ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 15, 2021 MEMORANDUM., NORTH CAROLINA Environmental Quality Le a Received: 10/02/2021 ��,� State Historic Preservation Office ER 21-2275 A - DUE-10/13/2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar@NCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Cottage Pointe HOA Project Location: 103 Key West Lane, Carteret County Proposed Project: Move existing boat lift 10/13/2021 No comment — SBA Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greo-a Bodnar at the address above by Qo"Or 95, 2021 If you have any questions regarding the proposed project, contact Heather Styron 252-808-2808. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT. -NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 10/14/2021 NL7RTii ChR(XiNhD EQ Repsrb .1 of Em7mnmolal Way North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office # 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, September 28, 2021 1:42 PM To: 'wmwillard@gmail.com` Cc: Hall, Bryan L Subject: Willard Family Farm CAMA Application Attachments: D00092821-09282021132057.pdf Afternoon Mr. Willard, Please see above for recent comments from the City concerning the proposal. There are a number of things that the City has determined are inconsistent with local ordinance. Most notably are the gazebo size, replacement of existing piers only, and the need to receive a variance for the bulkhead. Though I think these modifications are achievable with revisions of the project, at this time the project is inconsistent with local ordinance and would be a denial if we continued processing the application. I would suggest placing the project on applicant hold until you can review the City's concerns and revise the project to be consistent with the City. This would include documentation that the City has approved the variance for the bulkhead. Please let me know how you would like to proceed. If the applicant hold is agreeable you can reply to this and I can place the project on hold until you are able to work through the issues. To date I do not have any other comments of concern, but if additional comments do come in while the project is on hold I will pass them along. Thanks, Gregg E Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal. Management €iepartmt:nt of Environmental Quality 252 808 2808 ext 215 (Office) Gte�_S�rinar�ned��r,gnv Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 March 14, 2022 Regulatory Division Action ID No. SAW 2017-02553 Willard Family Farm, LLC Attn: W. Martin Willard 7727 Masonboro Sound Road Wilmington, NC 28409 Dear Mr. Willard: Reference your application for a Department of the Army permit to conduct dredging in a man-made canal connected to the AIWW and in Waters adjacent to the AIWW. The dredging in the canal will occur at irregular widths (generally less than 30 feet) and the dredging width out into the AIWW will be 30 feet. Dredging will occur to a depth of -3 MLW. The total dredging area encompasses12,204 square feet with 1,793 cubic yards of sediment removed. The dredging will be conducted mechanically by a land based long reach excavator and a barge mounted excavator. Spoil will be disposed of on-site at an upland spoil disposal area. Secondly, a docking facility will be re-constructed and constructed into the AIWW totaling 2,224 square feet of shaded area. Finally, a 14 feet by 6 feet floating dock will be added to an existing dock in the man-made canal (Slip #2) and a boatlift will be added to another existing dock (Slip #3) in this canal. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, PGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2026. -2- Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans CAMA permit Manatee Guidelines GP 291 conditions Electronic Copies Furnished (with enclosures): Mr. Adam Knierim (Maritech, LLC) Electronic Copy Furnished (without enclosures): NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Mr. Gregg Bodnar NCDEQ/DCM; Mr. Cameron Luck NCDEQ/DCM; Mr. Bryan Hall NCDEQ/DWR; Mr. Rick Trone USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans dated June 14, 2021, 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. 2. To minimize impacts to juvenile shrimp and finfish, no dredging will be allowed from the period of April 1st to September 30th. 3. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 4. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 5. 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. 6. 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. 7. 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. -3- 8. The activity must 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. 9. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 10. 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. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: W. Martin Willard LOCATION OF PROJECT SITE: 7719 Masonboro Sound Road, adjacent to the AIWW, Wilmington, New Hanover County. Latitude: 34010'8.3 5" N Longitude-.77'50'53.26" W INVESTIGATION TYPE: LAMA & D/F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/19/21 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 7/14/2021 401 WQC Pre -File Date — 4/28/2020 DCM Complete — 8/12/21 Day 30 for Pre -File — 5/28/2020 6. SITE DESCRIPTION- Office — Wilmington (A) Local Land Use Plan - Wilmington/New Hanover Co. Land Classification From LUP - Resource Protection (B) AEC(s) Involved: EW, PTA, CW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - None Planned -None (F) Type of Structures: Existing — Pier, fixed platform, moorings, finger piers, manual vessel hoist with roller ramp, floating dock Planned — Maintenance excavation of basin and canal, new excavation of access channel, fixed pier with fixed platform and floating dock, finger piers with four boat lifts, and bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DR FTY-IFT) PIT I PT1 n1fUrD (A) Vegetated Wetlands (coastal) —860 sq. ft. (B)Non-Vegetated Wetlands (Open water) —19,500sq. 2,620 sq. ft- (Incorporated) E(C):Other (highground) 12,500 sq. ft. (spoil) 7,500 sq. ft, (disturbed) (D) Total Area Disturbed: 42,980 sq. it. (0.98 acres) (E) Primary Nursery Area: Yes (F) Water Classification. SA-ORW Open: Yes (G) Estimated Annual Rate of Erosion: N/A Source - N/A PROJECT SUMMARY: The applicant proposes to perform maintenance excavation within an existing basin and canal, excavation of an access channel, install a bulkhead along the northern side of the access channel, install docking facilities within the canal and install a docking facility northeast of the canal for a total of 7 slips. Martin W. Willard, Page 2 9. PROJECT DESCRIPTION The project site is located at 7719 Masonboro Sound Road in New .Hanover County. The property is adjacent to the Atlantic Intracoastal Waterway (AIWW)1Masonboro Sound and is approximately 1.1 miles south of the mouth of Hewletts Creek and approximately 0.9 miles north of the mouth of Whiskey Creek. To locate the property from Market Street (Highway 17), travel South on College Road towards Monkey Junction. At the intersection of South College Road and Holly Tree Road turn left. Continue east on Holly Tree Road and bear right at the stoplight onto Pine Grove Drive. Continue on. Pine Grove Drive, which will converge with Masonboro Sound Road. Travel on Masonboro Sound Road approximately 2.0 miles until you reach the property of interest on the left: onto an. unimproved road that will lead towards the AIW. The project location is east of the 3-acre residential parcel adjacent to Masonboro Sound Road. The elevation of the tract averages approximately 8' above normal high water (hH). Existing highground development on the tract includes a gravel road. Highground vegetation consists of lawn grasses, hardwoods and other woody species including oak, pine, dogwood, maple and magnolia. The property then transitions into a peninsula surrounded by narrow area of high marsh approximately 15' in width, which includes coastal, and §404 type wetlands such as: sea oxeye (Borrichia frutescens) black needle rush (Juncus roernarianus) smooth cordgrass (Spartina alterniflora). There is an existing man-made basin at the southeastern point of the property, measuring approximately 40' in length by 40' in width and a canal and access channel, measuring approximately 510' in length by 20'in width which connects to the western side of Masonboro Sound and the AIWW. The basin and access channel are bordered by low marsh consisting primarily of smooth cordgrass (Spartina alterniflora). The outer portion ofthe existing canal, located just before the open water area of western side of the AIWW is bordered by an intertidal shoal. Based on historical aerial photography review and an on -site visit, the shoal appears to be accreting and constricting the canal which has allowed for an area of coastal wetlands to volunteer on the northern and southern edge of the channel entrance. Shoaling within the canal and basin has allowed for coastal wetlands to volunteer in sections on the northern side of the access channel as well as the northern and southern sides of the basin. According to previous permit history, it appears that approximately 860 sq. ft. of coastal wetlands consisting primarily of smooth cordgrass (Spartina alterniflora) has volunteered itself within the previously approved excavation footprint. Within the canal there is an existing 6' x 14' floating dock, 3'x30' PVC roller ramp, and an 18'x28' finger pier with a manual hoist. To the northeast of the canal there is an existing 270' long by 4' wide pier that terminates at a 16' long by 16' wide fixed platform, based on aerial imagery this pier has been in place since at least the early 90's. There are two mooring buoys located north of the fixed platform. No permit history was found for the existing structures. The original property owner (Willard) received Dredge and Fill State Permit No. 125 (attached) on April 7, 1970, for the existing 40' long by 40' wide boat basin as well as a canal 510' long and 20' wide to a final project depth of-3' at mean low water (MLW). The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. The waters of Masonboro Sound are classified as SA-ORW by the Division of Water Quality. The area is designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and is OPEN to the taking of shellfish. PROPOSED PROJECT: The applicant proposes to perform maintenance excavation within, an existing basin and canal, excavation of an. access channel, install a bulkhead along the northern side of the access channel, install docking facilities within the canal and install a docking facility northeast of the canal for a total of 7 slips. The applicant proposes to excavate approximately 2,134 cubic yards (ey) of material consisting of bottom sediments that have filled in the basin and canal to connect to -3' NL, which is the original authorized project depth. The application proposes the excavation of the original authorized 40' wide by 40' long basin aswell as the 20' wide by approximately 350' long canal to the original authorized depth of -3' NLW. The applicant proposes to excavate through the accreted shoal to an access channel with dimensions measuring approximately 160' long by 20' wide to connect with the western side of the AIWW. According to the applicant, the proposed excavation of the canal would impact 860 sq. ft. of coastal wetlands consisting primarily of smooth cordgrass (Spartina alterniflora) that has volunteered itself on the northern and southern entrance to the canal as well as the northern and southem sides of the basin (See Sheet 2 of 3). Finally, the applicant proposes the excavation. of an approximately 250' long by 30' wide Martin W. Willard, Page 3 access channel within the AIWW to connect to a natural back channel with the depth of -3'NLW (Sheet 2 of 3). This area has been used historically for navigation to and from the canal since at least the 1970s (See attached DOT aerial dated Received May 7, 2021). Water depths in the proposed area currently range from +1.6'to -2.6'NLW (see Sheets I and 2 of 3). The application does not propose any excavation of the previously permitted canal inland of the basin. The application states that the maintenance excavation would be executed through mechanical means, by bucket -to - barge as well as a long reach excavator from the high ground. The excavated material would be deposited onto the high ground portion of the applicant's property in an areameasuring 250' in length by 50' in width. The 12,500 sq. ft. disposal area is landward of coastal wetlands, outside of Section 404 wetlands, and greater than 30'from. Normal High Water. The application states the material would be stabilized with proper sedimentation and erosion control measures. The applicant proposes a mooring within the 40'x40' basin for a 30' long sailboat moored to an upland anchor. East of the moored sailboat within the access channel the existing 5' long by 4' wide fixed ramp takeoff extending to a ramp leading to a 6'wide by 14' long floating dock is to remain. East of the floating dock would be a 4' wide by 19' long fixed pier leading to a 4' wide by 40' long fixed T-head. There would be two 12' long by 8' wide two piling, elevator -style boat lifts proposed along the T-head. East of the T-head would be another 4' wide by 19'long fixed pier leading to a 4' wide by 40' long fixed T-bcad with two 12' long by 8'wide two piling, elevator -style boat lifts. North of the mouth of the access channel, the applicant proposes a 6' wide by 284' long pier leading to a 16' wide by 16' long gazebo terminating with a 4' wide by 16' long floating dock to replace the existing pier and fixed platform for a total of 7 slips at this property (See Sheet 3 of 3). None of the proposed docking facility structures would extend into either adjacent riparian corridor setback area. Proposed structures within the canal area all exceed the 1/ 4 width (see Sheet 3 of 3). The canal area, where structures are proposed, measure approximately 24 ft., 20 ft,, and 29 ft. wide. The proposed structures extend approximately 10 ft., into the waterbody which is beyond the 1/4 width. The AIWW measures approximately 1235 ft. wide in this area. The proposed pier within the AIWW would not extend more than 210 ft. into the waterbody. Finally, the applicant proposes a 3751 long by F wide sheet pile bulkhead along the northern side of the access channel landward of coastal wetlands using helical anchors (See Sheet 3 of 3). The project narrative provided in the application states the applicant intends to stop the erosion occurring on the south side of the access road that runs parallel with the canal and out to the docking facility. 10. ANTICIPATED IMPACTS: The proposed maintenance dredging would disturb approximately 8,600 sq. ft. of previously excavated bottom area from 1970 and approximately 10,700 sq. ft. outside of the 1970 authorized footprint within the AIWW. The project would include the removal of approximately 2,134 cy of material from the existing basin and access channel system. As proposed, it appears that the dredging would result in the excavation of approximately 860 sq. ft. of coastal wetlands, consisting primarily of smooth cordgrass (Spartina alterniflora) that have volunteered along the canal and the existing shoal. Minor increases in turbidity should be expected during the dredging event; however, no long-term adverse impacts are anticipated. Spoil disposal would disturb approximately 12,500 sq. ft. (0.3 acres) of high ground area owned by the applicant. The proposed docking facilities would incorporate approximately 2,620 sq. ft, of Estuarine and Public Trust area within the applicant's area of riparian corridor. Some of this was usurped by the previous docking facilities. The docking facilities would be located in water depths of approximately -3'NLW once the proposed dredging has been conducted. The nearest docking facility is approximately 230'to the north. Please Note: The proposed plan has not been reviewed by the City of Wilmington for compliance with local ordinances. DCM attempted to contact the city regarding this proposal and did not get a response. The proposed bulkhead would be placed landward of Coastal Wetlands and not cause any Coastal Welland disturbance. Approximately 7,500 sq. ft. of high ground disturbance is allowed for the installation of the bulkhead. Submitted by Bryan Hall Date: 0812412021 Office: Wilmington Willard Farm Canal Maintenance Project Narrative The project site is 7719-7727 Masonboro Sound Road, Wilmington, New Hanover County. It is an undeveloped 5.17 acre tract, with approximately 319 feet of shoreline on the Intracoastal Waterway, and is one of five adjacent parcels owned by Willard Family Farm, LLC„ The applicant is proposing maintenance dredging of the existing canal most recently dredged under NC Department of Conservation and Development permit number 125, issued on 7 April 1970. The applicant also proposes to bulkhead the south side of the access road on the north side of the canal (suffered extensive erosion due to Hurricane Florence), construct 2 Tee piers with 4 boatlifts along the canal, replace the existing 270` pier with a 284' pier with 16 x16 gazebo and floating dock, replace the existing floating dock damaged by Hurricane Florence, and provide mooring for a 30' Crown. Point sailing Dory in the turning basin. Background: My grandfather, Martin S. Willard purchased an approximately 200-acre farm (Crown Point) on Masonboro Sound in 1912. Upon his death in 1946, the remaining approximately 125 acres of the land passed to his two scans, Martin S. Willard Jr. (my uncle) and Emerson Willard (my father). Later during the 1950's the two brothers divided the tract so that each could build a residence. The canal location was on the: tract owned by Martin S. Willard Jr. (my uncle). In 2003, for estate planning and tax purposes the property became part of Willard Family Farm, LLC. 'this entity consisted of land still owned by the decedents of the original 1912.owner, Martin S. Willard Sr. As of today, the remaining partners are Emerson Willard, his wife, and their children, myself, (W„ Martin Willard), and brother (Emerson Willard Jr), I grew up on the property, inherited my Uncles house and 3.2 acres of the property in 2009, and currently reside there, next door to my father, Emerson Willard. Previous Activities - Emerson Willard, has lived on the property his entire life, and remembers a carnal and pier house onsite when he was a boy in the 1930's. About 1950 North Carolina State University (NC State College at the time) staff were in the Wilmington vicinity demonstrating how to excavate drainage ditches with dynamite as part of the mosquito control program of the early 1950's, and Emerson Willard attended a demonstration. He and his brother decided to use what they had learned to clean out the existing canal that had been on the property since his childhood. He remembers using 2 sticks of dynamite per hole at 18" intervals along the canal. The pier house was destroyed by Hurricane Hazel in 1954. The pier was rebuilt without the pier house. Catwalks attached to the pier and along the canal have changed over the years and the number of family boats docked at the pier and in the canal have ranged from 4-8 over the years. In 1970, my uncle had the canal dredged and added a turning basin. This work was performed under NC Department of Conservation and Development permit number 125, issued on 7 April 1970. Authorized project depths for the canal and basin were -3.0 feet at MLW at a width of 20 feet with 5-foot sloped edges for a total width of 30 :feet. (See attached NC:DOT scaled aerial photo and certification). The 1970 excavation continued across the sand fiat to a deeper slough and natural channel leading north to the AIWW allowing boats of all sizes access to the AIWW. Attached DDT photo also shows historical connectivity to the natural channel. For many years my uncle kept a 29' houseboat moored in the turning basin (see attached photos). In 1970 after the canal maintenance, Emerson Willard (my father) started Crown Point Marine, By l 1 VED DCM °IL IT, NC had built 63 boats ranging from 18' to 38'. The canal and pier were an integral part of this boat building operation. New boats were launched from the site, and customers returned boats for maintenance perfonned on site. (See Wrightsville Beach Magazine article, June 2011). Exiting Conditions: The site consists of 5.17 Ac+/- shown as Tract 2 on a 2003 survey by Robert Goslee and Associates, recorded in map book 45, page 90. It is located on the west side of the Atlantic Intracoastal Waterway (AIWW) across farm the junction of the AIW W and Masonboro Channel, The canal is bounded on the north by an access road located on the spoil from the 1970 and previous dredging activities. South of the canal is an area of Sp artin a calternt flora marsh. The turning basin is located where the marsh meets the high ground and the canal continues through the trees into the high ground and connects to a network of ditches. The south side of the turning basin was lined with bricks and rip/rap and used as a ramp to launch small, boats. Since Hurricane Florence substantial erosion along the access road north of the canal has occurred (see photo). Where the canal excavation leaves the Spartina marsh a sand spit has migrated into the canal. The spit restricts the width of the canal where it connects to open water. This has accelerated with Hurricane Florence severely limiting ingress and egress and creating ponding in the canal at low tide. Since the 1970 dredging, there have been numerous catwalks and floats located along the canal and access road for family members to moor their skiffs. Currently there is a 6' X 14" floating dock, connected to land by a 3' X 16' ramp, a 3' X 30' PVC roller ramp, and a 18' X 28" catwalk with a manual crank hoist. North of the canal the existing dock is 286 feet long with a 16 X 16 platform at the end. There are 2 mooring buoys north of the pier. There is an electric meter and electrical panel onsite. The proposed project includes; Maintenance dredging of the existing canal and turning basin to the 1970 permitted depth of - 3.0 fret, 20 feet wide at MLW with a 40' X 40' basin. The applicant does not intend to dredge the previously permitted area to the west of the turning basin. The maintenance excavation would be conducted mechanically by a land based long reach excavator and a barge mounted excavator. Spoil would be disposed onsite and contained by silt fencing. • Bulkheading the south side of the access road between the canal and road. • Installing 2 Tee piers with 4 boat lifts in the canal for family members.. • Replacing the existing 4 x 270' pier and 16 x 16 platform, with a 6 x 284' pier with 16 x 16 gazebo and 4 x 16' floating dock. • replacing the existing floating dock in the canal.. • Mooring for a 30' sailboat in the basin. • Removing the PVC roller ramp, catwalk, and manual hoist.. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. <Fom condnues an back> RECEIVED I U j - 8 ( 2 ', I)CM WIL.WNG"N,)P�4, FOM DCM MP- I (P"e 2 of 4) APPUMM kw moo(owmbprwo PW* MUM T=7, MMEL All 't i,'�', cFom cordkm" an row pmW WRECEIVE1,F) DCWkP,flL.WNGTU",,,� El a.0) Am #w* wwwwaonfts"I (V)Ar*#ww*MWWMftrgftOnVWSft? Illu ,-= ITT ZZ,=­l 7,71 BP&40&'CWMMS* -,-7=.r.-P 77= lhg m Form OW Mp-1 (P$oe 4 of 4) mmmm��w 7-1 T 7 v 16-11 LK la w 01-M It-, I 1 77 M, IM Afteft 7M MM"ftm SoWd Rosd%**0^ 21 t -lQKLq rl"Ov.^41 AU �*� MW*O*qQf*o K*a PM*O kt#*aPPkstm Date _..Ouly Oj 2021 PtW Nwft Wlard Fw** FOM LLC W M:4� VAUrd. liontmOMA MOCM MP-2 6mabon sod FiN lntxffaftn COW M04a*00" �and CuWft ODCM MP-3 Lh)Wnd DeveWprowt GOCM MP-4 ftuctum Wo!v"Wn RECEIVED JUI, 2, j'll Pom oft AW4 EXCAVATION and FILL w==fw cm" wo ft"OL ftm ow wl, Be an ft i p 1 0 I'l al am P"" i %*Mb 40 oopk"W" 08MU P"""d; 00"6*4 NOW fA SAMM M VAM dmM 66 #4= In *wL �0 T.rTF' 7 rA 00 y" dolm #a m dwow avlod, Ow cim @)oft. each bwvsmft �M111' AMID 1-11-1 17, DL Q�Wfllp"Sflw 12.6W sot. (appm 2W x 50) 4L 0 VMS Aft" Oft 66 SON&" #W %%ft NWAftmsme? son Oft bum dwsawkwimb aw mostion umbe oft ow MWV146 low mudblogo woolsoftow? RECEIVED J"'Y 2 8 AUL', 2 4 DCM WILMIN(: DCM WILMINGTON, NC 'FOY'M" DCM MP-2 (tycavatl*" and Fill, Page 2 of 3) 3 El L'i El V, E p6kt Cww imakAW40M L 2 8 DICAll VVIN AlIll � �1111111 F*rm DCM MP-4 d :1trA d I I ..I ILM--i Attach this form to Joint Application for CAMA Major Permit, Form DCIA MP -I assure to compkite am Omer Sections of the Joat Application that relate to this proposed projed Please indudo al supp4emor" Wormation I. WCKING FACIUTYWANNA CHARACTEMS'77CS 0 T&S SsC6w nd SAVIlitabla Q) is b, (1) VW ft hicility be open to the priersa pL&%.*i 0commerow OPt"WOmernment Wrivatocommunity oyee ONO (1) 000149) &fKVW P"S) fwrvoi, d, (QAteFVI4WPWnInckKW? MY" Ono (i) Number 4 1(yew (W) Length x8'qY- (6) Number 2 44(A) QW) VAft Gv4N, f) to-Ath w (e) Lengat AQ (V) Fbatirq; 0YeS 19NO (V') F-AwfAn 50'el (fV) V"h 4 (V) Floating; OYes ONo a. (1) Are Plefforms inckided? MY** ONo t (i) Are Boadillsinckxled? OYss 014o, If yes` If yea: (w) Numbei (0) Numtier 4 (e) L04h 1 (10) L"P J2 k4w (iv) Wdth (iv) VAdth (v) Me" IYes OW MO., Roolod Sivair of CaAmWed fiorn d0one dmensooes, 9 (1) Number of 9" proposed 7 (h) Number of slips w*WV 4 k, Typical boat length 7 JLLo�j in (i) VW the hoility have be p6rigs? []Yes ONO (V) It yes number of be plop? h Check 411 ItIve " Of "Mims 10 be provided, Full serWw. irickaft travel Id arWor red, repair at maintenance service D Docitage. Just, and marine supplies 0 Docimp ("wet Opal only, murdw of sjpa; 6 C) Dry $W*90; number of boaft; 0 Boat earn As), ntimbar of boat rampw 0 Ottier. please describe � L 0 VION the 14011tv be open to the general public? 0Yes CONO RECelver, 4 � A AUG 2 4 ' 1 0 C' r"I lov DOM WILMINdON, NC, Fovvn, DCM MFA-4 aaStsixc;tui,es, P;.%ge 2 of 4,) 2, DOCKING FACILITYIMARINA OPERATIONS 0 This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed: project, El Office Toilets 0 Toilets for patrons; Number: _; Location: El Showers 0 Boatholding tank pumpout-, Give type and location: b. Describe, treatment type and disposal location for all sanitary wastewater, 0. Describe the disposal of solid waste, fish offal and trash, d. How will, overboard discharge of sewage from boats be controlled? a, (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of"Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? i�il, t"', C-1 t"IV-1t7- m. Is the marina/docking facility proposed within a primary or secondary nursery area? 0Yes ONo Formi DCM MP-4 01'tructvures, Page 3cif 4,� n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? []Yes FINo o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CVU), submerged aquatic vegetation (SAV), sheil bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected, 0CW DSAV MSB OWL MNone p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? OYes ONo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOA THOUSE (including covered lifts) 0 This section not applicable a. (l) Is the boathouse structure(s): E]CommercW EIPubfic/Government OPrivatelCommunity (ii) Number (N) Length (iv) Width Note: Roofed areas are calculated from dlipfine dimensions, 4. GROIN (e.g., wood, sheetpile, etc- If a rock groin, use MP-2, Excavation and FXJ 0 This section not applicable a. (i) Number (4) Length (iii) Width S. BREAKWATER (e-g., wood, sheetpite, etc-) 0 This section not applicable a. Length _ b. Average distance from NHW, NWL, orwetfands 0. Maximum distance beyond NHW, NWLor,weVands 6. MOORING PILINGS an[I This section not applicable � use ZLI uukua C kza)' ElCommercial E]Public/Government OPrivate/Community r. Distance to be placed beyond shoreline 165 Afote: This should be measured from marsh edge, if present e. Arc ofthe swing 10feet. b- Number 1 d. Description of buoy (color, inscription, size, anchor, etc,) Red 12" Ball E C P V E D DC1VI Farrri DC MF"-4 (Structuires, Page 4 r.vt 4�) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 76' 235' Mote.- For buov c. Moth of water body 1120' navigational' aid's be required as a result of the project? OYes ZNo EINA 01) lf yes, explain what type and how they will be implemented. 0�1�z d. Water depth at waterward end of structure at NLW or NWL 2. V a. Give complete description: The applicant proposes to replace the existing 4' wide, 27 0' pier and 16 x 16 platform with a 6-X 284' pier with 16 x 16 platform and 4'x1fffloating dock. Keep one of the 2 existing mooring bouys. Replace the existing 6 x 14 floating dock with a 4 x 14 floating dock. Construct 2 30' piers with 40' Tees and 4 elevator style boat lifts. Construct 375' +1- bulkhead. Conduct maintenance dredging within a existing previously permed canal. July 13, 2021 Date Crown Point Canal Mai�ntence Project Name — I 19T7019 W. Martin Willard Member, Manager Applicant Name Applicant &gnature JU C, PVI fv� T SIGN UP SHEET SCOPING MEETING Willard Farm Canal Scoping Meeting Conference Call Wilmington New Hanover County 4/28/2020 Name--" Cameron Weaver X Kelly Johnson Agency NCDEQ,-DEACS DEMLRJ§W7_9_1_0_-796-_7343 Phone 910-796-7303 7 Email Cameron. WeaverjAncdenngov "Kelly —P--A,,,--" Johnsonnedcnr,gov X Rhonda Hall DEMLRJL,Q 910-796-7312 Rhonda —HaIll-q-1 cdenngov Ken Vafier Holley -Snider Robb Mairs NHC Planning; DWR DWR-401 910-798-7281 910-796-7215 910-796-7303 KVafierc;iihcgov.com -—Holley, —Spider"", _ncder_r­_ goy Robb.Mairs(d ,)ncd nr.gov Patrick Arnico Tara MacPherson Maria Dunn Curt Weychert DCM DCM NC Wildlife )CM 910-796-7423 '910-796-7266 252-949-3916 252-808-2808 P4trick.Am1co0)ncdeni. cav Tir.a.MacPhersong,,nedeiirgc)-,,, Mari aj)unn,,"d'ncdenr, go v Curt. Weychert_(q)ncden_r.­aov — -- --- Gregg Bodnar DCM 252-808-2808 Gregg. Bodriar�Lencdetir.9-0—v Kathy Matthews USFWS 919-856-4520 Kathryn Matthews�Ld'fws., ov Twyla Cheatwood Greg Currey NOAA-NMFS USACE 252-728-8758 910-523-1151 INNv [a. Che"atwood"W"_,noaq. go"y Greg. E. C LirreyL�iusace. arniv. mi I W. Martin Willard Robert `Bud' Needham Applicant Consultant 910-617-41_67­_­ WM---- Willard4 �mailxom needhambU&'�t)",ecrr.com. 910-371-6082 office NCDENR WILMINGTON REGIONAL OFFICE 127 CARDINAL DRIVE WILMINGTON, NC 28405 9 I 0-796-7215, FAX 910-350-2004 • I . - RF7mnE I SCOPING MEETING REQUEST Please complete all the information below. Call and email the appropriate coordinator with the completed form. • Asheville and Mooresville Regions - Alison Davidson 828-2964698; afison.davidsog@de_,ncnrqo • Winston-Salem, Fayetteville and Raleigh, Regions - David Lee 919-791-4204; david.lee(ancdenr.gov • Washington Region - Lyn Hardison 252-948-3842; !zq.hardison(@,ncdenrgo • Wilmington Region -Cameron Weaver 91'0-79,6-7265; cameron,weaver(@.ncdenrqpy Project Name: Willard Farm Canal Maintenance County: New Hanover Applicant; VV. Martin Willard Company, Willard Family Farm LLC Address: 7719 Masonboro Sound Road City: Wilmington State. NC Zip: 28409 Phone-, 910,-617-4167 Fax: NA Email: wrnwillard@gm il.corn Physical Location of Project: Same Engineer/Consultant: Robert Needham Company: Needham Environmental Address: 9100 Chadestowne Road SE City. Winnabow State: NC Zip: 28479 Phone-, 910-371-6082 Fax: 910-371-6082 Email. need hamb ud Pec, rr.com Please provide a DETAILED project narrative, pdf site lan and a vicinity map with road names along with this Request form. The project narrative should include the following when available-, Existing Conditions- List of existing permits, previous project name(s) or owner name(s), existing compliance or pollution incidents, current conditions, or development on site, size of tract, streams or wetlands on site*, stream name and classification, historical significance of property,seasonal high water table elevation, riparian buffers, areas of environmental concern, setbacks Proposed- Ful:l scope of project with development phase plan, acreage to be disturbed, wetlands to be disturbed, waste treatment & water supply proposed, scils report availability, %© impervious surface, stormwater treatment and number of burps, public or private funding. 'Relative To IVetlands — Federal and coastal wetlands must be delineated by a US Army Corps Regoiatory Official, Coastal Allanagement Field Rep Ora qualified environmentai Consultant prior to undertaking work sLich as filling. excavating or land clearing. The delineations must be approved by the US A,,,—,LZ Con of Engineers (USAQ77 andlor the Division of Coastal aIllatiaqement le land delineations are vatic; fora period not to exceed five years from date of USA CE approval. Please provide astinnated investment & expected ernployrnelnt %rnbers: S100,000, 6 Jobs For the scoping meeting, it is best to provide a list of questions and topics of concern. It is helpful to know what you hope to gain from the meeting. Please have thoughts and presentations organized as much as possible to make the best use of time. Agencies Involved: Check all agencies that may be involved with project: El Mahne Fisheries 0 National Marine Fisheries E U.S. Fish, & Wildlife L1 NC Wildlife Resources F1 Coastal Management L] Land Resources (L Stormwater DErosion Control) El U3. Army Corps of Engineers Ll Shellfish Sanitation [_]Water Resources: (L] 401 /buffer E NPDES [:] Nor -discharge 7 Public Water Supply) El Air Quality E Solid Waste [:1 UST Ll Hazardous Waste F7 Other El Other 7 Other [] Other 7 Other NCDEQ Soaping Meetnng August 2018 ROY COOPER qH Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality ScopingMeeting: a,'ISW 76w APPL1CANT1AGENTqq4a&4 PA�;� h0rll�- aS,ji hao`� "1eA;n( sfwf- S, Y7 160 " ,5?4 km Ro Ild ra4f DCM-Cmi 14j4t, ),� 6 FISHERIES: JI'Moy t1Iiq"r,- LOCAL GOVMT, Aegi 1(0 Ufffm N I Date:00'CAD North Carolina Department of Environmental Quality Division of Coastal Management Mmington Office 127 Cardinai Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor TT7-A.UT-H SR, -S-BL— se-etaly BRAXTON DAVIS Director August 24, 2021 Martin Willard 7727 Masonboro Sound Rd Wilmington, NC 28,403 Dear Mr, Willard, The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of the subject property located at 7719 Masonboro Sound Road, adjacent to Masonboro Sound in New Hanover County. It was received as complete on August 121,2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 26111,2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from August 12ti', 2021, 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-1 19(b) requires thatNotice 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, Bryan Hall Field Representative CC.' Gregg Bodnar, DCM Holley Snider, DWR Martin Willard, Applicant USACE Christine Bouffard, LPG Kathryn Thurston, City of Wilmington North Carolina Department ofEnvironmental Quality I Division of Coastal Management Wilmington OfFK-e 1127 Cart final Drive Extension I Wiltnington, North Carolina 2840S 910.796,7215 ROB' COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 20, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROUNA Environmental Quality 9 W. Martin Willard Hello: Please publish, the attached Notice in the Friday, September 3, 2021,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 (Customer No. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. lf you should have any questions, please contact me at our Wilmington office. CC'. MHC Files Gregg Bodnar — MHC USACE , cerely, W� anva VPi4 etila g Support & Customer Assistance North Carolina Department of Environmental Quallty I Division of Coastal Management Wilmington Off ice 1 127 Cardinal Drive Extension I Wilmington, North CaroUna 28405 910-796.7ZI5 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as, required by NCGS I I 3A- I 19(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the LAMA: On August 24, 2021, W. Martin Willard proposed to perform maintenance & new excavation within a basin, canal & channel, install a new bulkhead, installation of a new docking facility & replace an existing doekingfacifityfora total of seven (7) slips within the canal at 7719 Masonboro Sound Rd., adj, to the AIRW in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 79'6-7423 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 September 24, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Nortb Carolina Department of Environmental Quality � Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extens�on I WHmington, North Carofina 28405 910.7967215 > CL 'pi E 00 0-0 CO ca CL Co E E co 0 4z, Jr- S.., 0 0 I m wuummvw IR 0 It so as #7020 3160 00019592 07fir: : MUEOM Joseph;, W. Whitted Revocable'Trust Mr. Joseph W. Whitted 220!8 Waverly Dr Wilmington, NC 28403 Willard Family Farm, LILC. is applying for a CAMA Major permit to conduct maintenance on and expand 2 existing private residential docking facility and to conduct maintenance excavation within an existing canal located at 7719 Masonboro Sound Road, in Wilmington, NC. The specifics of the proposed work are in the attached application forms and drawings. development in order to give you the opportunity to, comiment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Tara MacPherson, District Manager, at 127 Cardinal'Drive Extension, Wilmington, NC, 28405, within 30 days, of the receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-617-4167, or emal�l me at wmwillard@gmaill.com. Sincerely, Martin Willard WIllard Family Farm, LLC Member, Manager I have received II r.. irnkfliter,<. r0 1 I'll I . - - JAA W' Whitted-'— Joseph W, Whitted Revocab4,Trust )CA# JL/L 1 #7020 3160 00019592 0690 and Hand Delivered ffluy�W Nancy Higgins Seamans Wilmington, NC 2-9409 Dear Ms. Seamans, Willard Family Farm, LLC. is applying for a CAMA Major permit to conduct maintenance on and expand a existing private residential docking facility and to conduct maintenance excavation within an existing canal located: at 7719 Masonboro Sound Road, in Wilmington, NC. The specifics of the proposed work are in the attached application forms and drawings, As the adjacent property owner to the aforementioned project, I am required to notify you of the development in order to outheo ,ortunit.,,,,,tocomme-w%LvAa-t--Xo-,,, attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Tara MacPherson, District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30days of the receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-617-4167, or email me at wmwillard!@gmaii.com. Sincerely, Martin Willard Willard Family Farm, LLC Member, Manager I have received the application and drawings and have no objections to the project proposed above, ganicyt�cs-Sea p Enclosures From: Hall, Bryan L Sent: Monday, August 9, 2021 4:35 PM To: Kathryn Thurston Cc: William Martin Willard Subject: 7719 Masonboro, Sound Rd! Square Footage Attachments: D00080921-08092021162529,pdf; L)0080921-08092021162542.pdf Hi Kathryn, I am working through a major permit application regarding 7719 Masonboro Sound Rd. I have attached the narrative which states what is existing and what is proposed in the last paragraph, as well as the proposed drawing. I wanted to make sure it met the city's square footage requirements before circulaiting it so if changes need to be made, they can be made upfront, Please let me know your thoughts. Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.l.haII@ncdenr,gov 127 Cardinal Drive Ext. Wilmington, INIC 28405 Ernajl correspondel7f-,P to andftorn t,his address is subject to the North 11'arolOa Public Records Latv and may be disclosed to third parties, Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS ' ILMIN GTON DISTRICT Action Id. AW-2021-00467 County: New Hanover U,S.G.S. Quad: NC- Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Willard Family Farm LLC Martin Willard Address: P.O. Box 858 Wri2;htsville Beach, NC 2.8479 -mail: wrnwillard(a72mail.com Size (acres) 0,28 Nearest Town Wilmington ]`dearest Waterway 1CW River Basin Qnslow Bay USES HUC 03020302 Coordinates Latitude: 34.169452 Longitude:-77.849055 Location description: The project area Crown Point is a Proposed disposal area 50' lay 250' in dimension at 7719Masonboro Sound Rd. adjacent to the 1CW. Indicate Which of the Following Apply - A. Preliminary Determination EI There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated„ and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the pen -nit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a pen -nit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity an the site as if they are jurisdictional waters of the U.S. This preliminary detenmmation is not an appealable action under the Regulatory Program Administrative Appeal process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely all effective presumption ofCWA/Rf1A jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can. be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § I344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. El We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that b �ied by the. Corps. .m m°:�) h�+� Fr"" [:]The waters on your project area/property have been delineated and the delineation has been verified by the or, ,ps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly" J ggesf you have SAW-2021-00467 this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in. the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onC)ATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Z There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1.344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808.2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311)• Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-461.1 or brad.e.shaver(i�usace.a rmy.rnil. C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination fermi dated 03/10/2021. D. Remarks: Desktop determination. E. Attention USDA,. Program participants This del neationMetermination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact ,sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 In order for an. RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you. decide to submit an RFA form, it must be received at the above address by 05/09/2021. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Mlila111 sirl ml by Brd 1h3ve, Corps Regulatory Official: asoazdz .a3.7o 6:o�nR Date of JD: 031E 0/2021 Expiration. Date of ID: 03/09/2026 jv'" (� SAW-2021-00467 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http:Hcorpsmapu.usace.ari-ny.mil/cmapex/f?p=136:�4:0 Copy furnished(e�ectronic): Needham Env. attn.- Bud Needham "! u ."'"r I �y �u�+��� � t �, .,� ° ,t . .� Applicant: Willard Family Farm LLC, Martin Willard File Number: SAW-202I-00467 Date: 43/l0/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A [] PROFFERED PERMIT (Standard Permit or Letter of permission) B [] PERMIT DENIAL C 1] APPROVED JURISDICTIONAL DETERMINATION ' D, PRLLIMTNAY JURISDICTIONAL DETERMINATIONE A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPTIf you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section lI of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written.. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. II: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in .its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the perm it. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section I1 of this farm and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division. engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive a]I rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and .sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. J f.) �_. I E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, .and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Brad Shaver Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army. Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1 OM15 Atlanta, Georgia 30303-8801. Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will, be provided a 15-day notice, of any site investigation and will have the opportunity to participate in all site investigations. Date: Telephone number: of appellant or F'vr appeals on Initial Proffered Permits send this./orm to District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina 28403 .For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth ,Street, Room 10M15, Atlanta, Georgia 30303-8801. Phone: (404) 562-5137 14 )CM U.S.. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM ,APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I. ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination (AJD): 03/10/ '0 1 CRIB Number: SA\N-20 1-00467 Associated JDs: NIA Review Area Locations: State/Territory: NC City: Wilmington County/Parish/Borough: New Hanover Center Coordinates of Review Area: Latitude 34,16945 Longitude - ,849055 MI. FINDINGS A. Summary: Check all that apply, At least one box from the following list MUST be selected. Complete the corresponding sections/tables and summarize data sources. Z The review area is comprised entirely of dry land (i.e., there are no waters or water features, including wetlands, of any kind in the entire review area). Rationale: proposed disposal area 50' by 250' ❑ There are "navigable waters of the United States" within Rivers and Harbors Act jurisdiction within the review area (complete table in Section II.B). There are "waters of the United States" within Clean Water Act jurisdiction within the review area (complete appropriate tables in Section ll.C). There are waters or water features excluded from Clean Water Act jurlsdiction within the review area (complete table in Section II.D). B. Rivers and Harbors Act of 1899 Section 10 (§ 10)2 1 g Name 10 Size 1 O Criteria Rationale for ._. 10 Determination N/A. N/A. NIA N/A. N/A. C. Clean Water Act Section 404 Territorial Seas and Traditional Navigable Waters a) 1 waters :3 a 11 Name a 1 Size a 1 Criteria Rationale for (a)(1) Determination N" NBA. N/A. N/A. N/A. Tributaries a 2 waters a 2 Name a 2) Sipe a Criteria Rationale fora 2 Determination N/A. N/A. NIA. N/A. N/A. �. Lakes and ponds, and im oundments of jurisdictional waters ((a)() waters): (a)(3) Name a 3 Size a Criteria Rationale fora 3 Determination N/A. N/A, N/A, N/A. N/A. fvldP(S)/figure(s) are attached to the AR) provided to the requester If the navigable %+rater is not iUbiect to the ebb and Clow of the tide or included on the t7ietrnct's 1 isl, of drivers and Harbors Act ,Section 10 navigable %,raters list, do NOT use this document to make the determination. .l he District must continue to follow the procedure outlined in 33 CFR part 329, 14 to make a Rivers and Harbors Act Section 1.0 navigability detenninatio n. 3 A stand-alone TNW determination is completed independently oaf a request for an AJ➢. A stand-alone TNW deterrn maticyn is conducted for a specific segment of ver orstream or other type ofwaterbody, such, as a lake, where rupstrearn or downstream hinits or lake borders are established. A stand-alone TNW determination should be completed following applicable guidance and should N01' be docuumentea']l Farm. R,F, /UL j �i Page 2 ot2 Form version V0 June 2020...updated U.S. ARMY CORPS OF ENGINEERS REGULATORY PROGRAM M APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) qP NAVIGABLE WATERS PROTECTION RULE Ad acent wetlands ((a ) waters): 4) Name (a)(4) Size (a)(4) Criteria Rationale foqaj(4) DeterminationN/k N/A. NIAJ N/A, N/A. D. Excluded Waters or Features ----------- ).4 Excluded waters ((b)(1) — (b)(1?j Exclusion Name I Exclusion Size 4 Exclusions Rationale for Exclusion Determination N/A. N/ A N/A. N/A, III. SUPPORTING INFORMATION A. Selectienter all resources that were used to aid in thi's determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. information submitted by, or on behalf of, the applicant/consultant: Needham Env. This information is sufficient for purposes of this AJD, Rationale: N/A or describe rationale for insufficiency (including partial insufficiency). 7] Data sheets prepared by the Corps: Title(s) and/or date(s), El Photographs'. Select. Title(s) and/or date(s). El Corps site visit(s) conducted on: Date(s). Previous Jurisdictional Determinations (AJDs or PJDs): ORM Number(s) and date(s). E-1 Antecedent Precipitation Tool: provide detailed discussion in Section 111.B. X USDA FRCS Soil Survey: NHC I.-D-1 USFWS NWI maps: Title(s) and/or date(s). 7 USGS topographic maps.- NH1C Other data sources used to aid in this determination: Data Source (select) Name and/or date and other relevant information USGS Sources N/A. USDA Sources N/A, NOAA Sources N/A. USAGE Sources NIA. State/Local/Tribai Sources Other Sources N/A. N/A. B. Typical year assessmient(s): N/A C. Additional comments to support AJD: N/A ' Some excluded waters, such as (b)(2) and (b)(4), rnay not be specifically identified on the AJD form unless a reqUCSt0r SPCC]f'1CaHy �.sks aorps district to do so Corps distr�as uiay, in case -by -case instances, choose to identify some or all of these waters wiihin the review arew i�, vq',t� BeCaU�e ofthe broad nature of (b)( I ) exclusion and ire effort to collect data on specific types c)fwaters that woifld be covered by the NO) exchision, four sub -categories or(b)( t ) exclusionq were administratively created £br the purposes of the A.117 Form Theqe Four sub- cate2orTes are not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2 of Form Sk N wr11rntw1 20M I fe I F1* 11EG15TRATI 11 17 DEEDS ,,E0"IrM,3,1STE 0 M3H, HR q TIAN R Y� NC ,4 , 0 29 PM BK 4 PG 90-91 FEE:s2i oe Owner's Nan-te Type of Map.- �-��Subdlvision Highway ib I Book- L4— G; Pages(s) Number of Pages I -- Additional Comments: W - - utYhk1qi@6*W/RegAster of Deeds R E C E FV E JUL 14 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 1210812003 04.40:29 PM Book- PLAT 45 Page- 90-91 Document No.: 2003077875 PLAT 2 PGS $21.00 Recorder. KIMBERLY KCARDER State of North Carolina, County of Now Hanover REBECCA T CHRISTIAN, REGISTER OF DEEDS DePutYlAssistant 11491ster of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. RECEIVE['."' A-,fl- 14 20"103077875-l- 2003077875 1111N11111111� FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN NEW HAWVER COUNTY, NC 3 DEC W 01,59 12 PM 8K 4124 PG 404- 7 00' 11W 1100783 Prepared by Franklin E. Martin, Attorney, P.O. Box 829, Wilmington, NC 28402. No title examination was conducted by the preparer unless the same is shown by his signed opinion. HANOVER COUNTY DATE: December - �, 2003 GRANTORS: (MARTIN STEVENSON WI'LLARD and wife, GABRIELLE HOLMES W►ILLARD GRANTEE WILLARD FAMILY FARM, LLC, a North Carolina Limited Liability Company ADDRESS; PO Box 858, Wrightsville 'Beach, NC 28480 WITNESSETH: THAT the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is acknowledged, have and by these presents duo 'hereby grant, bargain, sell and convey unto the Grantee in fee simple all of that certain tract or ;panel of land lying and being in New Hanover County, North Carolina, and being more particularly described on Exhibit "A" attachedhereto and incorporated herein by reference. TO HAVE AND TO HOLD the above -described property, toMmrs Y�,)all privileges and appurtenances thereunto belonging, unto the Grantee, its and RLTURNEM µ„ w. assigns, in fee simple forever, subject to the following: the lien of New Hanover County ad valorem taxes for 2043 and subsequent years; utilities easements and restrictive covenants, if any, of record; and the terms and provisions of all applicable zoning and land use ordinances, statutes and regulations. AND the Grantors, for themselves, their heirs and assigns, covenant with the. Grantee, its successors and assigns, that the Grantors are seized of the premises In fee and have the right to convey the same in fee simple; that the same is free and clear from all encumbrances, except as set forth herein; and that the Grantors do hereby and will forever WARRANT AND DEFEND the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantors have hereunto set their hands the day and year first above written. a Martin Stevenson Willard' NORTH CAROLINA NEW HANOVER COUNTY I, e�4.e-� � M , a Notary Public, do hereby certify that MARTIN STEVENSON WILLARD and wife, GABRIELLE HOLMES WILLARD personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and official My commission expires: fSEA`L) E. 1,0A —day of December, 2003. iii 2-046 001 CF. I V E 1.7 EXHIBIT "A" BEING all of Tract 2, containing 5.17 acres, mare -or -less, as shown on the Map of Recombination for Martin Stevenson 'Willard and, wife, Gabrielle H. "Willard and WillardFamily Farm, LLC by Robert H. Goslee Associates, P.A. dated December 3, 2003 and recorded in Map Book 45 at Page 90, New Hanover County Registry, to which map reference is made for a more particular description of subject property. TOGETHER WITH all of Grantors' claims in and to the portions of the above -described real property lying between the mean high water mark and the mean low water mark of Masonboro Sound, and also together with all riparian rights appurtenant to the above -described property. All, r "I REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 12/1012003 01:59.12 PM Book. RE 4124 Page. 404-407 Document No 2003078288 DEED 4 POS $20.00 Recorder. KIMBERL.Y K CARDER State of North Carolina, County of Now Hanover The foregoing certificate of FRANKLIN E MARTIN Notary Is certified to be correct This 10TH of December 2003 REBECCA T. CHRISTIAN , REGISTER OF DEEDS YELLOW PROBATE SKEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR ICE -RECORDING. Il" • •• Rev . 2-70 PST TO DREDGE oR FILL PERMIT NO. 125 STATE OF NORTH CAROLINA I DOM Martin Stevenson Willard name Roxxte 3. Box,74 Street address tovn_�City New Hanover North Carolina 28401 I coumty state - This Permit authorizes you to dredge and/or fill in the location and manner requested by you in your permit application, subject to the following conditions: That the project be carried Out as proposed in application dated Wre-h 8,1970. This permit is void if the above conditions are not adhered to and followed. Notification of the 00'mPleted Project must be given this Office upon its completion. This Permit Mist be displayed With a copy of the application in the cab or pilot- house of the vehicle working on the project, whichever is applicable, and be easily accessible to Department of Conservation and Development personnel. This permit is terMiZated on December 31 of the next year subsequent to the year of issuance. Any additional work or maintenance work on the project subsequent to the termina- tion of this permit requires a new permit. The permit, as approved with conditions, may be: objected to by the applicant or by interested State agencies within twenty days of the date of issuance by giving written notice to the Department of Conservation and Developm"ent. Applicant, is advised of the requirement under General Statute §146-6.1 that ewer -operated earns movIng equip ant opera hung or to be operated in or on publicly owned tidelands, publicly owned beaches, publicly owned marshlands, or navigable waters within the State mLLst be registered by the Owner of the equipment with the Department of 'Water and Air Resources. April 7, 1970 U Thomas L_ Linton, Commissioner" Division of Commercial and Sports Fisheries JUL 14( 0CM VVQV;J1YG`r01y,,, �qC STATE OF NORTH CAROLINA DEPARTWNT OF TRANSPORTAUON BEVERLY EAVES PURDUE Q A"I: RNIA TO WHOM IT MAY CONCERN� FUGENE A- CON'll, JR. S?�C'RF I ARY The undersigned certifies that he is the Digital Imaging Manager, Pliotogrammetry Unit, Division of Highways, for the State of North Carolina Department ofTransportation Transportation:((' I certify that as such, I art a custodian of records, whWh include photographs and digital images. The Photo�raphs/dlgltal images referred to herein were flown by the NCDO'l' Photootarnmetry Unit on the following date of photo,, graphy (DOP). The black and white original negative was scanned at 1800 dots per inch - Mission iN,1-957, Exp.116: DOP: 10/11/1971, scale � 1"—L000', F i-ve times (7X) cniargpinent plotted at approximate scale of I," _ 200 . I attest that the plot was made frorn imagery listed above and is a true copy as contained in the NCDOT Photog( ,uarnmetry Aerial Image Archive., Witness my hand this the 7"'-slqyof February 2012 . STATE OF NORTH CAROLINA, COUNTY OF WAKE Sworn to and subscribed before rite this 28th day of October, 2011 Notary Ylic My commission expires: 10 1,25o *Ground Sample Distance tirnes 10,000 = Average Altitude above ground. MAILING ADDREss: NC DEFARTME-I,4 T OF; TRANsPORTA-[ON PHOTOGRAMMETRY UNIT 1585 MML SERVICE CENTER RALF�cH NC 27699-1 s85 TELFPF,QNE 919-250-4170 FAX: 919-250-4176 WEBSIFE. WWW-00HfDOTSTATE.NC-U-3 CftrnE . ,_ _ �p MAY 0 7 2021 LOCATION- DCM WfWa R'04WIPLEX 4-d0im, ov C 1020 BIRCH RIvGE DRIVE RALEIGI,4 NC RECElVb-U W 0 7 2 0? 1 DCM WILMINGTON, NC 8/24/2021 1�0 A242021 8/24/2021 h U G 2 4 2021 8/24/2021 AUG 2 4 2021 8/24/2021 AUG 2 4 2021 0/24/2021 8/24/2021 11 Vvft,P1,tf , I August 27, 2021 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar@NCDENR.gov SUBJECT: CAMA / D&F Applicant: W. Martin Willard Project Location: 7719 Masonboro Sound Rd., adj. to the AIWW/Masonboro Sound, Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance excavation within an existing basin and canal, excavation of an access channel, install a new bulkhead along the northern side of the access channel, install docking facilities within the canal and install a docking facility northeast of the canal for a total of seven (7) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by September 24, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in- depth comments with supporting data is requested. REPLY: _____ This agency has no objection to the project as proposed. **Additional comments may be attached** _____ This agency has no comment on the proposed project. _____ This agency approves of the project only if the recommended changes are incorporated. See attached. _____ This agency objects to the project for reasons described in the attached comments. PRINT NAME______________________________________ AGENCY _____________________________________ SIGNATURE __________________________________ DATE _________________ 4..� dl { W W I= C k 14 O %lr irb'n DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: ►�. Martin Willard COUNTY: New Hanover PROJECT NAME: Crown Point Canal Maintenance LOCATION OF PROJECT: 7719 Masonboro Sound Rd., Ad): to AIWWIMasonboro Sound, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-12-21 PREFILE DATE 05-28-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: hall! DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MANOR PERMITS UNIT: FEE REC'D: a$400 (60140)#1818 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC''D: 9-3-21 END OF NOTICE DATE: 9-24-21 ADJ. RIP, PROP NOTICES REC'D: DEED REC'D: Yes Q 75 DAY DEADLINE: 10-26-21 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 8-30-21 STATE DUE DATE: 9-24-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY:` DATE COMMENTS RETURNED 'OBJECTIONS: YES NO NOTES DCM —Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR — 401 Section D WR — Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section DMF — Habitat & Enhancement DNCR — Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce pR �co xa �-� tae w Recommendations for State Permit — Martin W. Willard 8/24/2021. Shoreline length per DCM — 319 LF x 8 SFlLF = 2552 SF (2000 SF is the maximum allowed per DCM) Shoreline length per City of Wilmington _ 319 LF x 4 SF/LF = 1276 SF (800 is maximum allowed per City of Wilmington) Existing floating dock (6' x 14') = 84 SF Existing fixed ramp take off (5' x 4') = 20 SF Proposed pier (4' x IT) = 68 SF Proposed pier (4' x 30') = 120 SF Proposed fixed T-Head (4' x 40') = 160 SF Proposed fixed T-Head (4' x 40') = 160 SF Proposed gazebo (16' x 16'') = 256 SF Proposed floating dock (16" x 4') — 64 SF Proposed fixed pier = (6' x 2.84') = 1704 SF (access credit, not counted) Four pKoposed boat lifts 12' x 8' = not counted for platform allocations Total = 932 SF The proposal was submitted to the City of Wilmington for review without response. Currently, it is unclear whether this project meets local city ordinances or not.. The new docking facility would provide a total of 7 formalized boat slips. It appears that the proposed pier that extends into the AIWW is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6). The proposed docking facilities extending into the access channel are INCONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6)(G), The proposed structures would exceed the 'A width of the man-made access channel. The proposed bulkhead appears to be CONSISTENT with 15 NCAC 711.0208 (b)(7) Use Standards for Bulkheads. The proposed excavation of the area around the existing basin and canal appears to be CONSISTENT with 15 NCAC 07H.0208 (b)(1) based on previous permit authorization and maintenance events. The original footprint of the access channel into the AI W W, however is unknown. It appears that the applicant has taken the shortest path to deep water based on existing water depths. It is the opinion of this office that the area for the proposed excavation is located in an area that has been historically impacted and in continuous use for docking and navigational purposes. This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. DCM Coordinator: Gregg Bodnar Circle on it for: Oversize County Permit WIRO E-MAIL DISTRIBUTION SHEET NMavlwvl NOW- ' DCM Offices: 0 Morehead City: PT (if oversize) via Courier *cc Gregg & Amanda on group arr, app, drawings, deed, comment sheet *MHC documents (Gregg & mand Wilmington: Original hard-c ONLY USAGE & DWR(Wirq): Recommendations, PN, Letter wlSite Card, Fee Chart and Agent Authorization USAGE Wilmington: —,AJW4`lfflFTMer & Carteret Co): PN, CL, Reports, Split Sheet _ use both mingtonNCREG@usace.army.mil (NH/BR).- PN, CL, Reports, Split Sheet g Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: ,F alley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet 401 (PNION): PN, CL, Reports, Split Sheet Div of Water Resources: V/Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Harding ,Aim _ DCM Planner[WIRO: 11�*ike Christenbury Cultural Resources: 111k%nee Gledhill -Earley ErivironmenLa�R2-v_iew@ncdenrgov Natural Heritage Prog. Wney Butler DCA-Rural Eco. Dev: -Wark Ziegler NC DOT: -Navid Harris Wildlife Resources: -4aria Dunn w/Reports State Property Office: -16m Walton: DEED ,Afte Moser V+ nda Hilliard, Real Property Agent (Wo Reports only) Shellfish Sanitation: "e'remy Humphrey (Bio) / Shannon JepkOs (Pt) ron Gupton, Admin. DEMLR: Christine Hall - Stormwater Section ,pdn Sams, - Land Quality Section Public Water Supply: Xeidi Cox City of Wilmington: Kd'thryn Thurston.'_� Enforcement: Field Rep: Co. LPO VXIA Agent: DISTRIBUTED: 191 Updated 5/&21 1) VV'V wa C� V'0­ V\) o,vh wj f W1 0_V1 CAMAIShaun majors docs�b'Agency List