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HomeMy WebLinkAbout11-22 Milburn and Dash Permit Class Permit Number NEW11-22 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 Excavation and/or filling pursuant to NCGS 113-229 th Issued to Bart Milburn and Marta Dash, 124 SW 7 Street, Oak Island, NC 28465 th Authorizing development in Brunswick County at 124 SW 7 Street, adjacent to Davis Canal in Oak Island , 8/23/21, including attached workplan drawings (3), Sheets 1-3 of 3 all dated 9/7. This permit, issued on February 14, 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. Docking Facility 1) This permit authorizes only the boat lift structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit authorizes 1 additional formalized boat slips for a maximum of 3 formalized boat slips at this docking facility. (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 Bart Milburn and Marta Dash Permit No. 11-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the docking facility docking facility from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) 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. 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 7) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 8) 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 9) 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. 10) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197600056 (Action ID SAW-2021-02188). Bart Milburn and Marta Dash Permit No. 11-22 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 20211463. NOTE: 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 mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD, Off; f APPLICANT: Bart Milburn &Marta Dasli (clo Ben Brink) COUNTY: Brunswick "CM -MHO CITY PROJECT NAME: Milburn Third Slip LOCATION OF PROJECT: 124 SW 14,9treet adjacent to David Canal in Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-24-21 PREFILE DATE: 9-24-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW': B DATE RECEIVED BY MAJOR PERMITS UNIT: ^ FEE REC'D: $400 (60140)#1181 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 10-13-21 END OF NOTICE DATE: 11-3-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 12-8-21 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 10-7-21 STATE DUE DATE: 11-3-21 PERMIT FINAL ACTION: DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep ku'l DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers Regulatory Branch DWR --- 401 Section DWR - Public Water Supply DEMLR - - Stormwater DIMLR- Sed and Erosion DOA - State Property Office Wildlife Resources Commission oc Amy gomt4 DMF- Shellfish Section 'J 0 DMF -I labitat & Enhancement DNCR , Archives & History DNCR Natural Heritage Program NCDOT F1C Dept of ommerce A�A) Recommendations for State Permit — Milburn Dash Dockine Expansion 10/6/21 The square footage of the proposed docking facility is calculated as follows: Shoreline length = 170 LF. x 8 SF/LF = 1360 SF allowable. Proposed and Existing: Existing: Fixed Pier (4' x 26' 9") = not counted for access credit Floating Dock (Slip #1), (8' x 16') = 128 SF Floating Dock (Lift Access)= (5'3" x 1 0'4")= 54.25 SF Boat lift (Slip # 2), (12' x. 10') = (not counted in platform allocations) Total existing platform = 182.25 SF Proposed: Proposed Boat lift (Slip # 3)= (12' x 12') = (not counted in platform allocation) Total platform (existing and proposed coinbined):=182.25 SF The proposed development would provide docking space for a total of three (3) vessels. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0209(b)(6), including the eight -square foot rule and the'/ width rule. This office has no objection to the proposed work, provided it is consistent with all other local, state, and federal permitting requirements. Any pen -nit issued should include standard conditions for private docking facilities, Vl, E7, FIVE' D OCT 11, ?021 DGIM-MHO CITY DCM Coordinator: Gregg Bodnar Cam Luck County: Perm It #: I" WIRO E-MAIL DISTRIBUTION SHEET V-) o[ vj- LTV v, v 7, � 17 -7- eP4 Circle on : Bio Repo Permit for: Oversize Pia ntt: DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Gregg, Cam & Amanda on group emq w/ bio.narr.app.drawings, deed, comment sheet ✓ *MHC documents 6-kM & Amanda) Wilmington: Original hard -copy ----------------------------------------------------------------------------------------------------------- -------------­ -------------- ONLY USACE & DWR (wiro): Recommendations, PN, Letter wlSite Card, Fee Chart and Agent Authorization USACE Wilmington: -;yz44ff"Pender & Carteret Co). PN, CL, Reports, Split Sheet use both mingtonNCREG@usace.army,mil (NH/BR),- PN, CL, Reports, Split Sheet_ rXeir', g Currey (NHIBR: PN. CL, Reports, Split Sheet Div of Water Resources: 17011ey Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet tkAWFagTer - 401 (PN/ON): P'N, CL, Reports, Split Sheet + John Perry (training) - 401: PN, CL, Reports, Split Sheet Div of Water Resources: Aheri Mlontalvo for Karen Higgins: PN, CL, Reports, Split Sheet ---------------------------------------------------------------- ------------------------------------------------------------------ -------- Marine Fisheries: Xim Harding _ DCM PlannerfWiRO: vvf� e Christenbury Cultural Resources: vKenee Gledhill -Earley Fnvirotiniqtj !,? , v (q-t � P!Eq�L Natural Heritage Prog. %,Rro'dney Butler DCA-Rural Eco. Dev: v4ark Ziegler NC DOT: vdavid Harris Wildlife Resources: ,,..Maria Dunn w/Reports State Property Office: Tim Walton: DEED ,pe Moser da Hilliard, Real Property Agent (Bio Reports only) ShellfishSanitation: ,Leremy Humphrey (Bio) 1,0,hannon-donkins­(i?t)� ,$Karon Gupton, Admin. DEMLR: ,Christine Hall - Stormwater Section ,V'a�n Sams - Land Quality Section Public Water Supply: "idi Cox City of Wilmington: Enforcement: vlFleld Rep: Co. LP,O CAW Agent; OCT I 'I �10?1 DISTRIBUTED: 1 1-4,1­4 n/4r/04 tAAAA1QA­­ 14­11n1J1­­1iM'A1­­1 I i" Received: 10/14/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 7, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality ER 21-2440 LJ UrC. I k1l 441 4k)4, I FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(c-MDENR.gov SUBJECT: CAMA Applicant: Bart Milburn & Maria Dash 10/18/2021 No comment — SBA Project Location: 124 SW 7th St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one (1) additional slip for a total of three (3) formalized slips along Davis Canal Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 13, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 Historic Preservation Office SIGNATURE DATE 10119/2021 OCT 19 2021 IMP SEC110N DCM - MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. RISER Secretary BRAXTON DAVIS Director October 7, 2021 MEMORANDUM. NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.ggv SUBJECT.- CAMA Applicant: Bart Milburn & Marta Dash Project Location: 124 SW rl St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one () additional slip for a total of three (3) formalized slips along Davis Canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 13, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached, This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE '� - /—�+ DATE 10-12-21 OCT 12 2021 MP SECTION DCM - MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,7215 ROY COOPER (31welflor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 7, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.lu!ck(a)NCDENR.gov SUBJECT: LAMA Applicant: Bart Milburn & Marta Dash Project Location: 124 SW 71h St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one (1) additional slip for a total of three (3) formalized slips along Davis Canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 13, 2021, If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed, "Additional comments may be attached" _X_ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC QMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE for ShanngnJenkins SIGNATURE ?/ RECEIVED, DATE 10/08/2Q21 OCT 0 84021 MP SECTION DCM - MHD CITY � WilNot III I I Cgaroliwj Dce i cp�nment tof Environinei it a I Qua I ily � Div Iston of Costal Mai 1,)geit I (.III inint(in OffiWilmington. Not Ih CanAfim 28405 1:00 ROY COOPER Governor ELIZABETH S. BISER Secretary BRMTON DAVIS Director October 7, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCOEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12-09) cameron.luckftNCDENE_qov SUBJECT: LAMA Applicant: Bart Milburn & Maria Dash Project Location: 124 SW 7th St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one (1) additional slip for a total of three (3) formalized slips along Davis Canal, Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 13, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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. One Proposed two existing, three total PRINT NAME Wanda Hilliard - AGENCY State Property Office SIGNATURE RECEIVI-�[) DATE November 1, 2021 NOV 0 1 lop MP SEM'10N DCM •, Mtqr) r,Ty 1A North Carolina Department of Environmental Quality I D1vIsIon of Coastal Management -E Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 7, 2021 MEMQRANDUM,- NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron. luck@NCDENRgov SUBJECT: CAMA Applicant: Bart Milburn, & Marta Dash Project Location: 124 SW 7th St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one (1) additional slip for a total of three (3) formalized slips along Davis Canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form to �M2rot Luck at the address above by November 13, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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. 0- PRINT NAME AGENCY P-1 I SIGNATURE SFG-f JON DATE North Carolina Depailment ofEnvironmentalQnality f Division of Coastal Management Wilmington0flice 1 127 Cardinal Drive Extensbn I Wilmington. North Carolina 28405 910.7961215 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director DATE: November 17, 2021 NORTH CAROUNA Environmental Quality FROM: Holley Snider If NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR #20211463 No Written Approval Required PROJECT LOCATION: 124 SW 7 th Street, Oak Island, Brunswick County Bart Milbuirn & Marta Dash Docking Facility PROPOSED PROJECT: Addition of a boatlift to an existing private residential docking facility to provide mooring for three (3) vessels The Division of Water Resources (DWR) has received a copy of your LAMA Major permit application request dated received by this office on October 10, 2021. The waters of the Davis Canal are classified as SA;HQW by the Division of Water Resources (DWR). In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should also obtain and comply with any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or LAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000 for information. RECEIVED wv 17 2021 MP SECTION OCM - MHD CITY North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office w 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT ACT),. REGIONAL GENERAL PERMIT NUMBED 201801536 (MARSH SILLS) « NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND WHEN APPLIED TO LAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048, 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBER'S 3, 22, 13, 14, 18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4175 is issued in conformity with the requirements of Section 401., Public Laws 92-500 and 95-217 of the United States and subject to the north Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080, 19780012.5, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: February 1, 2019 Signed this day: February 1, 2019 M for Linda Culpepper, Director To: Cameron Luck From: Michael Christeribury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Bart Milburn and Marta Dash, Oak Island, Brunswick County Date: November 22, 2021 Consistency Determination: This project is consistent with the Oak Island Land Use Plan Update. The applicant proposes to construct an additional boat lift to an existing docking facility, resulting in an increase of I additional slip for a total of 3 slips, The project is located at 124 SW 7"' Street, in the Davis Canal in Oak Island, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Oak Island Land Use Plan and offer the following comments. The general area of the protect is classified lZesidential. In general, theTown of Oak Island allows development in Residential classified AECs which is consistent with the State's minimum use standards. The Town of Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Oak Island Land Use Plan. Cc: File NOV 2 2 yop MP SECI'10N DCM - WiD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 7, 2021 1TJr41T1r#TZT_1T,W111A NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckPNCDENR.ggv SUBJECT: CAMA Applicant: Bart Milburn & Marta Dash Project Location: 124 SW 7t,1 St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one (1) additional slip for a total of three (3) formalized slips along Davis Canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 13, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 11/12/2021 NOY 16 7071 MP SECTION DCM - MHD crr­,° North Carolina Department of Environmental Quality I Division of Coastal Management AL Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NPR ­ul N.Iky 910.796-7215 ROY COOPER Governor FLIZABETH S. BISEIZ y BRAXTON DAVIS filifectol, AM MWAVOIN NORTH CAROLINA 1-nvironugerdal Qoalify MEMOLANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-33301 (Courier 11-12-09) pp jQy SUBJECT: CAMA Applicant: Bart Milbum & Matta Dash Project Location: 124 SW r"' St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one (1) additional slip for a total of three (3) formalized slips along Davis Canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 13, 2021. if you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 at 4)cvJ This agency objects to the project for reasons described in the attached comments. PRINT NAME ,h&L- v AGENCY SIGNATURE I I ---AL DATE I I - 14-1 (01� . 1'1/i.Ar0r,--t, OAA RiC'EIV66 NUV 1. 9 2071 MP SECTION DCM - MHr) rlTy Norlh Carolina Depai knient of FnAronnient a I Qkgiffty I f)jvs" iojl of Cojqta@ manjjqel IV, It Wnihig.ton Office 1 127 Cardioal F.Wive Exren5ioll I Mminglon, North C'Drolhia 1tl405 91Wc)(02115 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Bart Milburn and Marta Dash 2. LOCATION OF PROJECT SITE: Site is located at 124 SW 71h Street on Davis Canal in Oak Island, Brunswick County. Coordinates: Latitude N 33.91844 Longitude W-78.16816 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/21 Was Applicant Present — No 5. PROCESSING PROCEDURE: Office - Wilmington Application Received 9/20/21 DWR W C Pre- ling date: 8/24/21 Application Complete 9/24/21 Day 30 for WQC Pre -filing 9/24/21 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP — Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single Family Residence, Bulkhead, private docking facility with access pier, two floating docks and one boatlift (2 slips) Planned - Construct one additional boat lift, resulting in one additional slip, for a total of 3 slips (G) Estimated Annual Rate of Erosion: NIA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands NIA NIA N/A (B) Vegetated Wetlands NIA NIA N/A (C) Open Water NIA 144 SF N/A inco orated (D) Total Area Disturbed: 144 SF (0.003 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to add an additional boat lift to an existing docking facility, resulting in an increase of 1 additional slip for a total of 3 formalized slips along Davis Canal. Milburn Dash Docking Expansion October 6, 2021 Page 2 9. PROJECT DESCRIPTION The proposed project is located at 124 SW 7th Street, in the Davis Canal in Oak Island, Brunswick County. The property can be reached by traveling NC HWY 17 south towards Shallotte/Myrtle Beach then take NC-906 to SW 7th Street in Oak Island. Turn left onto SW 7th Street and the property is at the street end on the right. The project site is approximately 0.71 acres and is vegetated primarily with grasses, shrubs, and mature trees. The high ground portion is elevated approximately 8' above the normal high water (NHW) level, and the shoreline (+/- 170 linear feet), which is stabilized by an existing bulkhead. There are coastal wetlands (Spartina alterniflora) within the riparian corridor of the applicant's property between the canal and existing bulkhead (approximately 9'-20' in width depending on location). The applicant's property is situated on Davis Canal, bordered by residential properties to the north and east, and SW 7th Street (town property) borders to the west. The width of the canal measures approximately 10 8' feet at the proposed project site, as measured from the edge of marsh. Existing structures on the project site include a single family residence, an existing bulkhead, and a private two slip docking facility (4 slips total). The bulkhead was authorized in 2002 via CAMA General Permit GP 31027D. From the existing bulkhead, an existing access pier (4' x 27') extends in a southwest direction, perpendicular to the shoreline. From the end of the access pier, a ramp extends waterward to a floating dock (8' x 16') that is oriented parallel with the shoreline, and which is connected to a second section of floating dock (5'3" x 10'4") to the immediate north that is also oriented in a parallel alignment with the shoreline. This secondary section of floating dock provides access to an existing boatlift (12' x 10'). The existing docking facility has two (2) formalized slips. No permit history was located for the existing pier and floating docks, however CAMA General Permit GP 60621 D was issued in 2012 for the installation of the existing boat lift. The waters of the canal system are classified SA-HQW by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish.. The water depths range from -1.5 @ NLW on the landward side of the proposed features to greater than -3.5' @ NLW on the waterward end of the proposed features. The applicant proposes to add an additional boat lift to an existing docking facility, resulting in an increase of 1 additional slip for a total of 3 formalized slips along Davis Canal. The proposed 12' x 12` boat lift would be located to the immediate south of the existing 8` x 16' floating dock.. No portion of the proposed constructed features would extend into the 15' riparian corridor setback of either adjacent property. The application states that existing water depths in the vicinity of the proposed boat lift would range from approximately -1.5' to greater than -3.5' @ NLW (See Supplemental Photos 1-3 of 3, provided by Agent). As proposed, the constructed features would be located within the established pierhead line and within'/4 of the width of the waterbody. 10. ANTICIPATED IMPACTS The proposed boat lift would incorporate an additional approximately 144 SF, of Estuarine Waters and Public Trust Area. The docking facility would remain consistent with the pier head line, and be consistent with the width of the waterbody. The proposed boat lift would not encroach into the 15-foot riparian corridor setback of either adjacent property owner. Minor increases in turbidity should be expected during piling installation. Submitted by: Patrick Amico Date: October 6, 2021 Office: Wilmington Project Narrative (Milburn Docking Facility n, The applicant is proposing to add a 10,0001b (12'xl2') boat lift to his existing docking facility.The existing docking facility includes uwalkway (4'x26'9~),two floating docks (8'x16')and (5'3"x10'4"), and boat lift (12' x 10'). The existing docking facility has 2 formalized slips and the proposed boat lift will increase that to 3 formalized slips, The property has approximately 172' of shoreline. The walkway and floating dock have been in place since the early 90's. At NLW the most waterward depths of the docking facility are greater than -3.5 feet. The new boat lift landward pilings are proposed in -1.5 feet of water at normal low water. -k"[1 2 0 �lD| MWI APPLICATION for Major Development Permit (mot revised l2f27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl Landowner Information Business Name N/A Project Name (if applicable) Milburn Docking Facility 3rd Slip Applicant 1: First Name Bart M1 Last Name Milburn Applicant 2: First Name Marta M1 Last Name Dash ff additional applicants, please attach on additional page(s) with noines listed. h4ailing Address -1 PO Box city State 124 SW 7th Street N/A Oak Island NC ZIP Country Phone No. FAX No. 28465 USA 1 724-316-0746 N/A Street Address (of different from above) City State ZIP N/A NPAN/A N/A Email iiiilburtib@gjiiaii.coni 2, AgentlContractor Information Business Name CPG, LLC. Agent/ Contractor I - First Name M1 Lost Name Ben B Brink Agent/ Contractor 2: First Name K-11 Last Name Ben Stewart Wiling Address PO Box city Stale N/A 1 1661 Carolina Beach NC ZIP Phone No. I Phone No. 2 28428 USA 910-302-5725 NIA FAX No Contractor 4 N/A N/A Street Address (if different front above) City State ZIP NIA N/A NIA N/A Email ben@)coasta 1pern) Itguy.Com <Form continues on back> RECEIVED DGM WILMIII OTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 124 SW 7th Street N/A Subdivision Name City State Zip N/A Oak island NC 28465 Phone No. Lot No.(s) (if nrany, attach additionof page ivith list) 724-316-0746 L-17A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Davis Canal c. Is the water body identified in (b) above, natural of manmade? d Name Me closest major water body to the proposed project site. (Natural ©Manmade OUnknown P AIWW e. Is proposed work within city limits or planning jurisdiction? L It applicable, list the planning jurisdiction or city limit the proposed KYos []No work falls within. Town of Oak Isla nd t Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sqft) —172 10,9,27.6 c. Size of individual lots) d Approximate elevation of tract above NHW (normal Ingh water) or 0.71 acres or 30,927.6 sq. ft. NWIL (normal water level) W 1 8 ft, ONHor E'SNWL a. Vegetation on tract Manicured lawn with trees and shrubs. Coastal Wetlands (Spartina alterniflora) I. Man-made features and uses now on tract Single Family Residence, Bulkhead, Docking Facility (Pier, Floating Dock, Boat Lift) g. identify and describe the existing land uses 2,clacent to the proposed project site. Town of Oak Island Street End (SW 7th Street) and Single Family Private Residence h, How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R6 (Attach zoning compliance certificate, if applicable) (:]Yes EINo ANA j. Is the proposed activity part of an urban waterfront redevelopment proposal? [-]Yes P, 0 k. His a professional archaeological assessment been done for the tract? If yes, attach a copy. E]Yes []No �NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District of, does it involve a []Yes []No JANA National Register listed or eligible property? <Form continues on next page> R E ('3E I V E � 1" 21 1 0 2 1 0 R I N 6 1 0 1 111, 11 u I � [I � re'�� 'L DOM WILMINCYI-ON, Nc,f Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m (i) Are there wetlands on the site? Wes ©No (u) Are there coastal wetlands on the site? []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? 'pYes E]Yes 0 (Attach docunmntation, if avoilable) n. Describe existing wastewater treatment facilities. Brunswick County o. Describe existing Making water supply source. Brunswick County p. Describe existing storm water management or treatment systems, Brunswick County & Activities and fmpacts a. Will the project be for commercial, public, or private use? ©Commercial []PublictGovemment Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Proposed iolk (i2'x 12') Boat Lift for recreational use. c. Describe the proposed construction methodology, types of consUmbon equipment to be used during construction, the number of each type of equipment and: where it is to be stored. Work will be cornpleted by barge. Pilings will be driven using standard marine construction niethods. Equipment will be docked on site In Davis Canal. d, List all development activities you propose. Install new iok boat lift a Are the proposed activities maintenance of an existing project, new work, t. What is the approximate total disturbed land area resulting from the proposed project? 144 N6q.Ft or []Acres 7- 9, Will the proposed project encroach on any public easement, public accessway or othWr—'1rW— [JYos 9�o [INA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater or stormwalor be discharged into a wetland? []Yes Wo []NA If yes, will this discharged water be of the some salinity as the receiving water? [:]Yes []No NA j. Is there any mitigation proposed? []Yes DNo RR4A If yes, attach a mitigation proposal. <Form, continues on backs R E. C E I V E D 5 �S i� 0 � 1 k A �"' V o '�' 14t '4 tWW M1 0CM MMING"I'ON, NG Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to Vs cornplored application foun, (A4P- 1) the follmidng items below, if applicable, must be submitted itn order kw the application package to becornplefe, Items (a) — (/)are always, applicable to any major development application. Please consult the application Wstniction booklet on how to property prepare fire required items below. aL A project narrative. b- An accurate, dated work plot (including plan view and cross -sectional drawings)drown to scale. Please gWo the present status of the proposed project. Is any portion already oomptete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. r. A site or location map that is sufficiently detailed to giado agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or rnoney order made payable to DEN!R. f A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that Such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name Town of Oak Island Development Services (Steve Edwards) Phone No, 9lo-zoi-8052 Address 46oi E. Oak Island Drive Oak Island, NC 28465 Name Cynthia Clark or Hannah Erwin Phone No, Address 121 SW 6th Street Oak Island, NC 28465 Name Phone No. Address g. A fist of previous state of federal permits issued for work on the project tract. Include penrit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, it applicable. i. Wetiand delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property olviler) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issuedl in response to this application win allow only ine cievetopmeim oescripeo in me appucation. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 08/23/2021 Print Name barton j milburn Signature Please indicate application attachments pertaining to your proposed project. ODOM MP-2 Excavation and Fill Information ODOM MP-6 Bridges and Culverts [1DCM, MP-3 Upland Development 'rFCM1 MP-4 Structures Information IVED QW WILMINGTON, NC Form DCM MP-4 �11 d zill!* ILI] :01 (Construction within Public Trust Areas) Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information, 1. DOCKING FACILITY/MARINA CHARACTERISTICS a- (1) Is the docking facility/marina, []Commercial []PubIWGovernment Xplivatolcominunity c (i) Dock(s) and/or pier(s) (ii) Number (iii) Length (iv) Width Yes (v) Floating Yes [O]N. e. (i) Are Platforms included? []Yes�'+ No If yes: (ii) Number Length (iii) Length (iv) Width (v) Floati[ Yes �No Nate: "dareas are calculated frorn dripfine, dilnensions. 9. (i) Number of slips proposed I (h) Number of slips existing 2 i. Check the proposed type of siting: [] Land cut and access channel []Open water; dredging for basin and/or channel _ *p- n water; no dredging required [30ther, please describe: 0 This section not applicable tr. (i) Will the facility be open to the general public? 0Yes 'XNo cL (i) Are Finger Piers included? OYes 1*0 If yes: (ii) Number (iii) Length (iv) Width OYes (v) FloaUZ6-y--� []NO I. (i) Are Bontlifts. included? Xy-s EINO If yes: (ii) Number (m) Length 1.2 (iv) Width 12 h. Check all the "s of services to be provided. FUI service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ckege ("wat slips") only, number of slips: ❑ Dry storage; number of boats* _ ❑ Boat romp(s), number of boat ramps: ❑ Other, please describe: I. Describe the typical boats to be served: (e.g., open runabout, charter boats, salt boats, mixed types). Open Runabout k. Typical boot longW 28' — 1. (i) Will the fa�ily be open to the general public? [JYOS Na 1 m. (1) Will theRf cility have tie pilings? Uyes No (d) If yes number of be pilings? RE-CEIVED QC'M WILMINGTON, Nc., fart` d 6'AP-41 (,AVH:C OHI1, l H)") (dr 11) 12. DOCKING FACIUMIMARINA OPERATIONS This section not applicable a. Check each of the forlowing sanitary tourties that will be included in the proposed project. [I Ciffioe Toilets 0 Toilets for patrons; Number"_; Location, [I Showers [:I Bootholding tank pumpout, Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash d. How will overboard discharge of sewage from boats, be controlled? e, (i) Give the location and number of 'No Sewage Discharge' signs proposed. (d) GNe the location and number of Tumpout Available" signs proposed. 1. Describe the special design, 0 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 rnarim policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? 1. It this project is an expansion of an existing marina, what types of services are currontly provided? G, E I V F", [31 SEP 2 0' 20?1 OGM WILMINGATON, NQ 9" o 1, flo g k'? C", r"I", 411 1 4 6r "a c b u r (-, "", , 1I ' r� , 1: u. e ""� ni. Is the marinaldocking facility proposed within a primary or secondary nursery are,)? Wes []No n, Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting Oren? ®Yes UKO a. Is the marnaldocking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged oqtiafic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. J%CW tqAl [J,';AV — EISB [IWL - []None p Is the proposed marina/docking facility located within or within close proximity to any shetifish leases? []Yos [NNo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. F3. BOATHOUSE (including covered lifts) his section not applicable a (i) Is the boathouse structure(s): ElComirriarcial OPublic/(5overnment C]Private/Community (6) Number (iii) Length (w) Width Note-, Rooted areas are calculated trorn driplino di"10173OOM 14. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) Whis section not applicable I a. (i:) Number (ii) LoaP (w) Width 5. BREAKWArER (e.g., woocI, sheelpile, at,-,) a Length _ c Maximum distance beyond NHW, NWL of wetlands 6. MOORING PILINGS and BUOYS 0. Is the sfiructure(s): OCommercial []flubliOGovernment []PrivotelCommunity C. Distance to be placed beyond shoreline Note: a. Arc of the swing section not applicable b. Average distanori from NHW, NV&, of wetlands section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) / 10 E"fl VE", Cl S [J 2 QQM WN-MINGTON, NG' V'Y"K;V)3 Pdv-AiAd t'f I) a. Proximity ofstructure(s) to adjacent riparian property lines ti. Proximity of structure(s) to adjacent docking facilities. —joo'and —40' > too' ftle For buoy or moriixj piling, use arc of stviri,g including length of VessVI c. Width of water lx4y 108, e. (iiwill na g ional aids be required as a result of the project? ❑YosNo [INA (ii) laoin what type and how they will tie implemented NIA d. Water depth otwatorwardend of structure at NI-Wor NWL > - 3.5' @ NLW 8. OTHER (J This section not applicable a. Give complete description: The applicant is proposing to add a 10,0001b (12'x12') boat lift to his existing docking facility. The existing docking facility includes a walkway (4' x 26' 9"), two floating docks (8' x 16') and (5' 3" x 10' 4"), and boat lift (12' x 10'). The existing docking facility has 2 formalized slips and the proposed boat lift will increase that to 3 formalized slips. The property has approximately 172' of shoreline. The walkway and floating dock have been in place since the early 90's. At NLW the most waterward depths of the docking facility are greater than -3.5 feet, The new boat lift landward pilings are proposed in -1.5 feet of water at normal low water. AugUSt 23, 2021 Date Milburn Docking Facility 3rd Slip Project Nome Bart Milburn Applicant Nome MAO.. ....... AM yob— V.S., un — in EDI� Applicant Signature r? ram„ 5, F P 2 0 � t') ") ,� 0CM WILMING]"ON, NC Contact Name * Contact Email Address* Project Owner* Project Name * Project County owner Address:' Is this a transportation project?* Ben Brink ben@coastalpermitguy.com Bart Milburn Milburn Docking Facility 3rd Slip Brunswick areet Address 124 SW 7th Street Ack1ress Une 2 CXY Oak Island Fbstj I Zip 28465 r Yes r No Type(s) of approval sought from the DWR: V 401 Water Quality Certification - r- 401 Water Quality Certification - Regular Express r Individual Permit r- Modification I— Shoreline Stabilization Does this project have an existing project ID#7* r Yes r No 14ater /R0VhCe/Ft,, ,fim NC chiltry USA Do you know the name of the staff member you would like to request a meeting with? rR E C E I V F :1) Holley Snider 0 Please give a brief project description below and include location information. Mr. Bart Milburn of 124 SW 7th Street in Oak Island would like to add QCM WILMINGTON, NG" a 1 Ok (12'x12') boat lift to his existing docking facility in Davis Canal. There is a floating dock and boat lift existing. The addition of the 3rd formalized slip will require a CAMP, Major Permit, By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: 0 This form completes the requirement of the Pro -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 0 1 understand by signing this form that I cannot submi!t my application until 30 calendar days after this pre -filing meeting request. 0 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application, Signature * Submittal Date 8/24/2021 L')CM WILMINGTON, NC ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director Coastal Permit Guy LLC c/o Ben Brink P.O. Box 1661 Carolina Beach, NC 28428 Dear Mr. Brink: NORTH CAROLINA Environmental Quality October 6, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, on behalf of Bart Milburn and Marta Dash, for State approval for development of the subject property located at 124 SW 7' Street, adjacent to the Davis Canal in Oak Island, Brunswick County. It was received as complete on September 24th, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 8, 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 September 24, 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-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, at/ Am>co Field Representative cc: WiRO, DCM USACE DCM, MHC DWR Town of Oak Island, LPO Bart Milburn and Marta Dash, applicants D E North Carolina Department or Environmental Quality 1 Division of Coastal Management Washington Office ! 943 Washington Square Mall ! Washington, North Carolina 27889 ! 252.9-46.6481 Wilmington Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 : '410'796.7215 .cmr+cwc1_irw �b More? ead City Office 400 Commerce Avenue f Morehead City, North Carolina 28557 1252.808,2808 oe�a dnmi m u�u� �i' Elizabeth city Office 10i South Griffin Strzet, Suite 300 1 Elizabeth City, North Carolina 27909 ' 252.2e4.3901 ROY COOPER Governor. ELIZABETH S. BISER Secl etaly BRAXTON DAVIS Dyryinert Datmon a?ft'oe.wal Alemagemeni October 7, 2021 GanLegPubNoticcs(q) gannett.corn 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: 0 Bart Milburn & Marta Dash Hello: Please publish the attached Notice in the Wednesday, October 13,2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. Paying by credit card, (Customer No. 489895). Thank you for your assistance in this matter. incerely, T y an 6aK Pietila Permitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE Slate ol'North Carolina I Environmental Quality I Coastal Management B 27 Caydinal Drive Ext , Wilmington, NC 28405 9 l 9 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On October 6, 2021 Bart Milburn & Marta Dash proposed to increase an existing docking facility by one (1) slip to a total of three (3) formalized boat slips at 124 SW 7111 St., on Davis Canal in Oak Island, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 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 November 3, 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. AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Bart Milburn 124 SW All Street Mailing Address: Oak Island, NC 28465 724-316-0746 is TIM rX M 1011 M Email Address: milburnb@gmail.com I certify that I have authorized CPG, LLC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all LAMA permits necessary for the following proposed development: add boat lift to existing docking facility at my property located at 124 SW 7th St. I in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Bart Wbum (Aug 23,2021 20J6 EDT) Signature Bart Milburn Print or Type Name Property Owner Title 23 / 2021 Date 8 23 2022 This certification is valid through / / ME= DOW WILMINOTQN, NQ ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Bart Milburn Is property located at 124SW 7th St. L-17A B-zi2S-t5 (Name of Property Owner) (Address, Lot, Block, Road, etc.) on Davis Canal in Oak Island I Brunswick N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. 4�wggzag— I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (IndlWdual proposing development must fill in description below or attach site drawing) See attached drawing of docking facility. WAIVER SECTION I understand that a pier, dock, moorings pilings, boat ramp, breakwater, boathouse, fift, or groin must be set back a minimum distance of 151 from my area of riparian access unless waived by Ine. (if you wish to waive the setback, You must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 151 setback requirement. SW 7th Street End (Property Owner Information) (Adjacent Property Owner Information) ml ',V.'AF0TJ (Sep2,2021B:44UDI� signahlre Signature* Tome of Oak Island Bart Milburn (Development Services - Steve Edwards) Print or Type Name 124 SW Ah St. Print or Type Name 46., F. Oak Island Drive Mading Address Oak Island, NC 28465 laming Address Oak Island, NC' 28465 citylstatelzip milburnb6egmail.coni / 724-3 16.0746 CTty/.`tatelZrpsedwards(Loci-oak-island.nc.us /910-201-8052 Telephone Number/email address Telephone Number / email address Date 08/23/2021 Date* 9/2/21 (RevisedAug. *Valid for one calendar year after signature* F" 2 0 21 POM VVILMINGTON, Town of Oak Island --APO Final Audit Report 2021-09-02 Created: 2021-09-02 By: Ben Brink (b,en@coastalpermitguy.com) Status: Signed Transaction ID: CBJ'CHBCAABAAOD16AW—SFIuFFpJjRTVaLUWpZLwNbj8Q "Town of Oak Island -APO" History ft Document created by Ben Brink (ben@coastalpermitguy.com) 2021-09-02 - 7:29:22 PM GMT- IP address: 97.87.76.107 Document emailed to Courtney Milliron (cmilliron@oakislandnc.com) for signature 2021-09-02 - 7:30:02 PM GMT a Email viewed by Courtney Milliron (cmilliron@oakislandnc.com) 2021-09-02 - 7:41:11 PM GMT- IP address: 209.188.61.18 kJo Document e-signed by Courtney Milliron (cmilliron@oakislandnc.com) Signature Date: 2021-09-02 - 7:44:02 PM GMT - Time Source: server- IP address: 209.188.61.18 Agreement completed, 2021-09-02 - 7:44:02 PM: GMT a Adobe Sign '021 WN WILMINGTON, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to property located at Bart Milburn 124SW 7th St. L-17A B-zi2S-s5 (Name of Property Owner) I s (Address, Lot, Block, Road, etc.) on Davis Canal in Oak island / limnswick N.C. (Waterbody) (City/Town andlor County) The applicant has described to me, as shown below, the development proposed at the above Iodation. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill In description to or attach a site drawing) See attached drawing of docking facility. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, IM, or groin must be set back a minimum distance, of 15' from my area of riparian access unless waived by me- (it You wish to waive the setback, you must initial the appropriate blank below.) J 77 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. i it SW 6th St (Property Owner Information) . .... . ...... . ... ...... signahlre Bart I'villburn Pfint or Type Name 124 SW 7th SC Mailing Address Oak Island, NC,28465 Cityr-tate/zipiiiilburnb(�ilgniail.c()IlI 724-316-0746 Telephone Number/ email address Date 08/23/2021 *Valid for one calendar year after signature* (Adjacent Property Owner Information) Cry 0,,�WE Sig1latIffe* Cynthia Clark or Hannah Prwin or Type Name 121 SW 6th St, Mailing Address Oak Island„ NC2846� City/ state/ Z'P' cgclarknc@yahoo.com Telephone Number / email address Date* 9/2/21 k E. C E I V E D (Revised Aug. 2014) 2 0 21 UCM WILMINOTON, NQ: Clark APO Final Audit Report Created: 2021-09-02 By: Ben Brink (ben@coastalpermitguy.com) Status: Signed Transaction ID: CBJCHBCAABAA6phqgrS734k3N-MXRql6KL3TMlq4XdLT "Clark -APO" History L) Document created by Ben Brink (ben@coastalpermitguy.com) 2021-09-02 - 3:50:46 PM GMT- IP address: 97.87.76.107 ERD, Document emailed to Cynthia Clark (cgclarknc@yahoo.com) for signature 2021-09-02 - 3:51:13 PM GMT a)' Email viewed by Cynthia Clark (cgclarknc@yahoo.com) L 2021-09-02 - 4:02:46 PM GMT- IP address: 209.73.183.23 2021-09-02 1.6o Document e-signed by Cynthia Clark (cgclarknc@yahoo.com) Signature Date: 2021-09-02 - 4:03:54 PM GMT - Time Source: server- IP address: 174.106.18.117 Agreement completed. 2021-09-02 - 4:03:54 PM GMT 11 E C"E I V E Gir S 2 0 to Adobe Sign 21 ENEEM DCM WILMINGTON, NC 10/5121.1:31 PM USPS.comO - USPS Tracking@ Results USPS Trackingo Track Another Package + Tracking Number: 70202450000063085202 Remove X Your, item was delivered to an individual at the address at 12:52 pm on September 7, 2021 in VIRGINIA BEACH, VA 23465. ✓ Delivered, Left with Individual -n M (D September 7, 2021 at 12:52 pm CL Cr VIRGINIA BEACH, VA 23465 Get Updates \/ Text& Email Updates Tracking History September 7, 2021,12:52 pm Delivered, Left with Individual VIRGINIA BEACH, VA 23465 Your item was delivered to an individual at the address at 12:52 pm on September 7, 2021 in VIRGINIA BEACH, VA 23465. September 4, 2021, 8:39 am I" E Delivery Attempted - No Access to Delivery Location 2 28461 I)CM WILMINGT ON, NG https:/Itools.usps,com/gorTrackConfirmAction?_gl=l *ldpofni *_ga*MTA5ND15NDg30C4xNjlzODUIOTM2*—g@L3NXP3CBS9V*MTYzMzQ1 NDgl My4z... 112 10/5121,1:31 PM USPS.com@ - USPS Tracking@ Results September 4, 2021, 8:31 am Arrived at Post Office SOUTHPORT, NC 28461 September 3, 2021, 6:59 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX September 3, 2021, 10:34 am Arrived at USPS Regional Facility FAYErTEVILLE NC DISTRIBUTION CENTER ANNEX September 2, 2021, 9:03 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER September 2, 2021, 12:17 pm Departed Post Office LURE BEACH, NC 28449 September 2, 2021, 11:14 am USPS in possession of item KURE BEACH, NC 28449 Product Information See Less /\ Can't find what you're looking for.? Go to our FAQs section to find answers to your tracking questions. FlLtCEIVED IMIM� QCM WILAINGTON, NO https:lltools.usps.com/gorrrackConfirmAr,tion?—gl=i*idpofnl*_ga*MTA5ND15NDg3OC4xNjlzODUlOTM2*_ga_3NXP3C8SgV'MTYzMzQINDgl My4z... 212 1015121, 1:28 PM USPS.com@ - USPS Tracking@ Results Track Another Package + Tracking Number: 70202450000�063085196 FAQs > Remove X Your item was delivered to an individual at the address at 12:05 pm on September 4, 2021 in OAK ISLAND, NC 28465. OV Delivered, Left with Individual September 4, 2021 at 12:05 pm OAK ISLAND, NC 28465 Get Updates \/ Text & Email Updates Tracking History 0A September 4, 2021, 12:05 pm Delivered, Left with Individual OAK ISLAND, NC 28465 Your item was delivered to an individual at the address at 12:05 pm on September 4, 2021 in OAK ISLAND, NC 28465. September 4, 2021, 8:42 am Out for Delivery OAK ISLAND, NC 28465 rq C E I 2 0 M1 DC WILMING FON, NQ https:iitools.usps.com/gofTrackConfirmAction?_glml*la8qcb5*_ga*MTA5ND15NDg3OC4xNjlzODUIOTM2*—ga-3NXP3C8SOV*MTYzMzQl Wg1i My4... 112 10/5/21, 128 PM USPS.coni@ - USPS Tracking@ Results September 4, 2021, 8:31 am Arrived at Post Office SOUTHPORT, NO 28461 September 3, 2021, 7:21 pm Departed USPS Regional Facility FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX September 3, 2021, 11:00 am Arrived at USPS Regional Facility FAYETTEVILLE NO DISTRIBUTION CENTER ANNEX September 2, 20211, 9:07 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER September 2, 2021,12:17 pm 71 Departed Post Office (D KURE BEACH, NC 28449 0- September 2, 2021, 11:14 am USPS in possession of item KURE BEACH, NC 28449 Product Information See Less /\ Can't find what you're looking for? M Go to our FAQs section to find answers to your tracking questions !q Eel E IVE, D FAQs C)QM WILMINGTON, NQ https:iltools.usps.com/gofTrackConfrmAction?_gl=l *1 a8qob5'—ga*MTA5ND15NDg3OC4xNjlzODUlOTM2*_ga-3NXP3CBSgV*MTYzMzQ1 NDg1 MV4... 2/2 W "iV Ir' a '44 x, � Nr�tikw it i14r8@Visonmr a°• l:+r �r Yll fr C i1r '� ` urn« P H yrE,,O ,r,� r"'r ,G h!✓ '�� G�� ,r �r°`* p �, p',rRw r �' " r t y r 12 1 S1VVItlt Sl, Qtl �� ISfand;.hJ( kv i�akrVstl�rr�J � `„+,�ar,wr81k3r:�tlr E errs l.,�, vwclu i ✓(��4 n f 114", Pr Mc�D �.r �i r W� ra' ' � dd ^ m "1 r tT,.��eii wale(Way, u, r Ma `a w tiJ 7th ,t fYaM, .' m t,� ! a » ,»» �� logo Islssirl INC 2844E p�, "�,h,. -, p p Pr� � Ir� N>pi � � � � y n m q��V � a�` � � � °* .1", MXr ,A m� i a rr., r �2s pq drI a�INN t7alqlfjl � D "' cI f � 4 ' � � a�x4E QaR Island Dry '�' ✓ 99�� IysllandNCT 28465 `, M{ N"1»" w��rdlCs� rR.�'� 4r;� arr�rltl4 Iu- r,Mmaur. .......n.»�i 11 COASTAL WETLAND' Y Davis Canal * Not a survey* Approximate Riparian Corridor Waterbody Width: 108' > 120'to nearest structure Existing Piling # Existing Pilings Existing > 160' to nearest structure Floating Dock > (8' x 16') -0J, @ 2�23PM -2 > 5 -3.5' > -3.5' "xisting Low Tide -1,79' F #2 12'x 10' 9/7/2021 1.5, Boat Lift -1.16 -1,79' Existing Ramp 12 1 2' x Boa t .. g t "'ft L 1,7 F Cl S t tj Fish Cleaning Station (Existing) COASTAL WETLAND y COASTAL WETLAND P ' /L Li 4'x 26' 9" Pier (Existing) P : /L (Clark) //Existing Bulkhead —172'Shorelitie (Oak Island) 121 SW 6th St. (I 10'Frontage/I Vand Bart Milburn SW 7th Street End 13'Wing Walls) 124 SW 7th St. Oak Island, NC 28465 CPG, LLC Page 1 of 3 PO BOX 1661 Existing Structures C 0 ASOft: TA L Carolina Beach, NC 28428 Applicant: Bart Milburn P 1 11 M I T GUY 910.302.5725 Date: 9/7/2021 ben@coastalpermitguy.com Scale: 1:20 1 V 11"'t r) '03 F)CM WIt-MlINGTON, NG 11 COASTAL WETLANDY Y * Not a survey* Approximate Riparian Corridor Waterbody Width: 108' > 150' to nearest structure Existing Piling < Existing Pilings -0,1'@ 2:23PM * k-1 -62' to nearest structure Low Tide Existing > 91712021 Floating Dock Proposed Boat > -3,5'(8'x 16') > -3.5' Existing Lift (12'x 12 ) #2 12' x I 01 -1.5 Boat Lift #3 -1.16- - -1-79 F 'i 1mg Rmip COASTAL WETLAND P/L (Clark} I //Existing Bulkhead 121 SW 6tb St. (I 10' Frontage/ I V and 13' Wing Walls) � y Fish Cleaning Station (Existing) y Y'-'� COASTAL WETLAND 4' x 26'9" Pier (Existing) Bart Milburn 124 SW 7th St. Oak Island, NC 28465 -172' Shoreline P/L (Oak Island) S W 7th Street End CPG, LLC Page 2 of 3 PO BOX 1661 Proposed Structures COASTAL Carolina Beach, NC 28428 Applicant: Bart Milburn P E R M I T GUY 910.302.5725 Date: 9/7/2021 Scale: 1:20 F I v F 0 ben@coastatpermitguy.com `" [- (", � 0 QQM WILMINGTON, NQ to -Ft r- "I 0 m .0 U r-I 0 w c -- m u q) bo 0 m 0- M N. to E 00 cli 00 N cm u Al- z E .6 t q Ln .9 to m N m LO W r, u rl Lq113 -j x In cm 0 _j 0 's 0 U L6m -6 D- o as aci u a- u cn m 0 NM ")'E P2021 I -')CM WILMING'TON, 14C mmffl� SFF) 2 0 Hl 0 UC ko �p "M WILMINGTON, NC mi-00 R E 0 E I V Ef')) SEP 2 () 2021 A4 DGM WILMIN(31'ON, LPG" 11111111111111111111111111111111111111111 021901 BOOK:4551 PAGE:1190 10201:1512.0200 Pagel of 2 Brenda M. Clenunons. 8maswitk County. NC Registet of Deeds Prepared By: Geldings & Klevs, PLLC Attorneys at Law 8721 E. Oak bland Drive Oak Island, NC 28465 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK INSTRUMENT OF' COMBINATION THIS INSTRUMENT OF COMBINATION, made this _ day of F4 4 !:- 20 jj _gt_ by Dart J. Milburn aka Barton J. Milburn and Marta Dash a/k/a Marta V. Dash, (hereinafter referred to as "Maker") of 124 SW 7th Street, Oak Island, North Carolina 28465. THAT WHEREAS, the Maker of this INSTRUMENT - OF COMBINATION owns certain properties (lots) which were acquired by the following deeds: Deed Book 4304 at Page 543; Parcel #234KA022 Deed Book "WatPage j/Y6 Parcel #234KA02203 WHEREAS, said Maker wishes to combine the above -mentioned properties into a single Parcel Identification Number for the purposes of complying with all applicable provisions of the Town of Oak Island and Brunswick County Zoning, and Subdivision ordinances; and WHEREAS, this is a limited special purpose instrument for the purposes specified above and is not a conveyance and does not change or modify in any manner the ownership interests in the above -mentioned properties; and WHEREAS, upon execution and recordation of this INSTRUMENT OF COMBINATION, the above -mentioned properties are hereby combined into one parcel number and shall hereafter be identified as follows: BEING PARCEL IDENTIFIC4 TION NumBER 234KA on 1")QM W)"-MING)'QN, NQ Submitted electronically by Geddings Kleva, PLLC in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Brunswick County Register of Deeds, 0211912021 BOOK:4551 PAGE:1191 10:20:IS.000 Page 2 of 2 Brenda M. Cleninions. Brunswick County. NC Register of Deeds IN TESTIMONY WHEREOF, the Maker has caused this instrument to be signed the day and year first above written. 4fitz Hart J. Milburn a J. Milburn aWa Marta V. Dash STATE OF NORTH CAROLINA COUNTY OF y+4 -rW 1, the undersigned Notary Public of the County and State aforesaid, certify that Hart J. Milburn &Wa Marton J. Milburn and Marta Dash a/k/a Marta V. Dash personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 1,6 day of 202,1 &Y A. My commission expires: r,060-�( AR y (Notar .4e R E 0 E I \1 U S [P 2 0 ?'0 21 [)CfVi W11MINGTON, NG rX / I . I DREDGE & F1 LL ply &t iCAMA GENERAL PERMIT ��, New 1"'.11viodificatlon LAComplete Reissue Previous permit # [ IPartial Relssuer 0 G ?UU? Date previous permit issued As authorized by the State of North Carolina, Department of Erwironment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Applicant Name J i N.Rules attached, Project Location: County__ ty Address ....... Street Address/ State Road/ Lot City State bh ZP Phone # Fax # Subdivision Authorized Agent City_ zip ra Affected '/,��W F] EW C) PTA ktft PTS Phone # River Basin AEC(s): U OFA UI HHF L"i 1H UNIA Adj. Wtr. Body__ J FJ PW& I ]FC: ORW: yes I rn� PNA yes / no Crit. Hab. Closest Ma', Wtr. Body, f yes 160 -T�pe of Project/ Activity v I o erl q 'VA Pier (dock) length (Scale: Platform(s) .. ..... .. .... Finger pier(s)__ Groin length number Bulkhead/ Mprap length. aV9 distance offshore max distance offshore Basin, channel 4 4� cubic yards,., . . . . ..... .... Boat ramp Boathouse/ Boatlift Beach Bulldozing,, Other �q Shoreline Length ,_--_-__ SAW not sure yes no Sandbw- not sure yes no Moratorium,: tVa yes no Photos: yes no Walver Attached: yes no J A building permit may be required by; See note on back regarding River Basin rules. Notes/ Special Conditions RECEIVED sr, A` 001 OWNGTON, NC '41 ri�a_tlu Ake, t Permit Officer"' 1 Signature Pleise read comploancestat nton back of permit" Issuing Date Expiration Date t 07 e �A irplicationFee(s) Check # Local Planning jurisdiction Rover FIW Name DGE & FILL N o. 6 0 6 2 1 la;Fl PERMIT eefiQ �1^9 Previous permit # r7lNew I—] Modification LIComplete Reissue Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Frivironment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC [ J Rules attached Project Location: County Street Address/ State Road/ Lot #(s) Subdivision, City ZIP, --- Phone # River Basin Attected I OEA h l HHF IH 71 UBA L) NIA AEC(s): Adj. Wtr. Body, (nat­/man /unkn) 7B PWS, F. FC: ORW: yes 1,96 PIMA yes no Crit.Hab. yes 1 no Closest Maj. Wtr. Body Type of Project/ Activity (Scale: Pier (dock) length, Platform(s) Finger pler(s) Groin length number Bulkhead/ Riprap length avg distance offshore. - max distance offshore Basin, channel cubic yards,_ Boat ramp Boathouse/ Boatliftl­ Beach Bulldozing Other Shoreline Length SAW: not sure yes Sandbags: not sure yes Moratorium: n1a yes 06 Photos; yes ric! Waiver Attacho& yes ho" 4 A building permit may be required by: See note on back regarding River Basin rules. Notes/ Special Conditions REe�-wh. 14" 7 Agent or Applicant "*tid Name , Signature 0CM WIL'MING"I"ON1 NG, Li $linature Pleas� compllanc��statement on back of permit Issuing1p I ite 'n Pate" J, Application Fee(s) Check # Local Planning jurisdiction Rover HeName October 7, 2021 MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck@NCDENR.gov SUBJECT: CAMA Applicant: Bart Milburn & Marta Dash th Project Location: 124 SW 7 St., adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to add an additional boat lift to an existing docking facility, resulting in an increase of one (1) additional slip for a total of three (3) formalized slips along Davis Canal. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 13, 2021. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 _________________ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Bart Milburn & Marta Dash (clo Ben Brink) COUNTY: Brunswick PROJECT NAME: Milburn Third Slip LOCATION OF PROJECT: 124 SW ,fh Street adjacent to David Canal in Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-24-21 PREFILE DATE: 9-24-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NIA FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40)#1181 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 10-13-21 END OF NOTICE DATE: 11-3-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 12-8-21 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 10-7-21 STATE DUE DATE: 11-3-21 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 DWR — 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 iNC Dept of Commerce NC Division of Coastal Management AEC: 4 I �1�tcn Fee: + Major Permit Application Computer Sheet CDAITS _ MHC cc 14 Applicant: tad MR!/ � Agent/Contractor: C:FG (AC r 01 k u_ _ Project Site County: F Staff: _ District: Wilmington Project Name: �'� ' Rover File: n✓a Bluer Basin: --- � v Initial date of application submittal: Date application "received as complete" in the Field office:_art %� f �r � Permit Authorization: E CAMA ❑ Dredge & Fill (]Both SITE DESCRIPTION/PERMIT INFORMATION ORVII: ElYes 5dNo PNA: r es[]No Photos Taken: Yes ❑ Nod Setback Required (riparian):' Yes [No Critical Habitat: ❑Yes ®No ❑Nat Sure 16 foot waiver obtained: ❑Yes [NNo Hazard Notification Returned:W ❑Yes ,;R]No SAV: ❑Yes [RJo ❑Not Sure Shell Bottom: ❑Yes ONo Not Temporary impacts:es' ❑Na Sure Sandbags; ❑Yes ®No-❑ Not Sure--- Did the land use, classification come Mitigation Required (optional): from county LIJP: l�Yes ❑No []YesVJNo Moratorium Conditions; Environmental Assessment Done: Length of Shoreline: ❑Yes $�No ❑NA Oyes [2No RNA FT, Shellfish Area Designation:; Project Description: (cede) Development Area: (code) Opera -or- SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of;4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) 12 High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ✓. I ❑ (404) Carp, of Engineers (Jurisdictional ® (LS) Sea lavender (Limonium sp.)"m ❑ (SS) Glasswort ( Salicornia sp.) GG wetlands) CJ Saw "amaicense El ( ) grass Cladium 1 ) El (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alt rniflora) cync suroides) [I (DS) Salt or spike grass (Distichlis _❑ (SC) Bullrush or'three square (Scirpus [:1(TY) Cattail (Typna sp.) ; spicata) sp,) [ ]m(JR) Black needlerush (Juncus roemerianus) ❑j (SP) Salt/meadow grass (Spartina patens) APPLICATION FEE ❑ No flee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 34g0 Ill(D) Pdv, public or comm w/ D&F to 1' " can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to e CAMA Major ❑ Major Modification to a CAMA Major. ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100❑ Ill(B) Public or commercial w/ a&F to 1- _ Express Permit - $2004' acre; 4144 can be applied - $400 ❑ Major development extension request - ❑j 11, Public or commercial/no dredge $100 and/or fill -- $400 ❑ -, Private no dredge and/or fill - $250 ❑ Ill(C) Priv, public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. b TYKE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3; Dimension 4 One one NevVWJork "Replace L- Taint ❑ ❑ Y ®N New Worts ❑ Replace Maint ❑ ❑,Y ❑ N' New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work. Replace-~- Maint ❑ ❑ Y ❑ N New Work Msire k❑ El ON Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft, .FINAL Sq.mFt. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total inctudes Excludes any anticipated restoration any anticipated restoration and/or restoration or: andJor ternp restoration or i temp impact temp'impacts) ._ ._ ATnt amount temp ;mpects) amount); [dredge ❑ Fill ❑ Both El Other � +'� � 1 4- Dredge ❑ Fill 0 Both ❑ Other ❑ Dredge 0 Fill E Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge 0 Fill 0 Both ❑ Other ❑ Dredge ❑ Fill [] Both l❑ Other ❑ Dredge ❑ Filt ❑ Both ❑ Other C d Dredge ❑ Fill ❑ Both ❑ Other ❑ 9'19-733-2293 ;: 1- 8-4RCOAST :: ww^r . ccoastalrra revised, 2i2 / , Recommendations for State Permit — Milburn Dash Docking Expansion 10/6/21 The square footage of the proposed docking facility is calculated as follows: Shoreline length =170 LF. x 8 SF/LF =1360 SF allowable. Proposed and Existing: Existing: Fixed Pier (4' x 26' 9") = not counted for access credit Floating Dock (Slip #1), (8' x 16') = 128 SF Floating Dock (Lift Access)= (5'3" x 10'4")= 54.25 SF Boat lift (Slip # 2), (12' x 10') _ (not counted in platform allocations) Total existing platform=182.25 SF Proposed: Proposed Boat lift (Slip # 3)= (12' x 12') = (not counted in platform allocation) Total platform (existing and proposed combined)=182.25 SF The proposed development would provide docking space for a total of three (3) vessels. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight -square foot rule and the 1/4 width rule. This office has no objection to the proposed work, provided it is consistent with all other local, state, and federal permitting requirements. Any permit issued should include standard conditions for private docking facilities. DCM Coordinator: Gregg Bodnar Cam Luck County: Permit #: WIRO E-MAIL DISTRIBUTION SHEET Circle on Bio Repo Permit for: i�07mmovtvv, -v" m7w�?, Oversize P(11a Intt.:;O/ otyi- I k— DCM Offices: Morehead City: PT (if oversize) via Courier *cc Gregg, Cam& Amanda on group e7w/ bio.narr.app.drawings, deed, comment sheet V/ *MHC documents 6,"a & Amanda) Wilmington: Original hard -copy _ ONLY USAGE & DWR (wiro): Recommendations, PN, Letter wlSite Card, Fee Chart and Agent Authorization USACE Wilmington: ender & Carteret Co)-. PN, CL, Reports, Split Sheet . miingtornNCREG@usace,army.mil (NH/BR): PN, CL, Reports, Split Sheet_ use both m Currey .�eg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: 70111ey Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet thn�fflbr - 401 (PN/ON): PN, CL, Reports, Split Sheet + John Perry (training!) —401: PN, CL, Reports, Split Sheet Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: VXim Harding _ DCM Planner/WiRO., vmfc e Christenbury Cultural Resources: vf;Cenee Gledhill -Earley Enviror)mentaLI.R_evLeW@_ncdenr.qov Natural Heritage Prog. vXodney Butler DCA-Rural Eco. Dev: v4ark Ziegler NC DOT: %4!(avid Harris Wildlife Resources: ,,,aria Dunn w/Reports State Property Office: 41m Walton: DEED �rke Moser da Hilliard, Real Property Agent (Bio, Reports only) Shellfish Sanitation: � eremy Humphrey (Bio) ;Karon Gupton, Admin. ­C/hristine Hall Stormwater Section DEMLR: - n Sams - Land Quality Section Public Water Supply: VKeidi Cox City of Wilmington: Enforcement: .,/F i e I d Rep: _ Ira t&' Awvi Co. LPO V-1 OaV, 162 LA i It-'r> 0 cA -.o 0. � rx Agent: I DISTRIBUTED: tv W49P)4 IAAAAIQr,­­ ­i,­