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HomeMy WebLinkAbout106-21 Newton, John ThomasPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Venutt for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 106-21 Issued to John Thomas Newton, 901 Coharie Dr., Clinton, NC 28328 Authorizing development in Pender County at adj. to Banks Channel and the AIW W. at 608 N. Anderson Blvd., in Topsail Beach as requested in the permittee's application dated 4/28/21, including attached workplan drawings (3), Sheets 1-3 of 3 all dated 4/28/21. This permit, issued on August 17, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )r mese terms may oe suoject to lines, Imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Expansion 1) This permit authorizes only the boat lift and other structures and uses located in or over the water that ,are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather., (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature John Thomas Newton Permit No. 106-21 Page 2 of 2 ADDITIONAL CONDITIONS 3) This permit authorizes an additional formalized boat slip for a maximum of three (3) formalized boat slips at this docking facility. 4) 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. 5) 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. 6) No portion of the permitted structure shall be located within 37.5 feet of the near bottom edge of the federally maintained AIWW channel. 7) Should the lot to the south be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. General 8) 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. 9) All debris associated with the removal or construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. 10) 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 197800056 (Action ID SAW-2021-01086). 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. 2021-0983. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (9.10) 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 $250 was received by DCM for this project. DCM Coordinator: Permit #: 10(0`2-I MAILING DISTRIBUTION SHEET Permittee: ,rt)GK IKatas Ns 90� �'c�i.^r�'� �1:,?ir+, Agents' DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City ^� Wilmingtoh .u5orr (OBJECTIONS ) T� US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) tiz Hair (Carteret, Onslow, Pender) rad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.ggv Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson DCN MP-1 APPLICATION for Major Development Permit (lost rwlaW 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) Last Name Newton Applicant 1: Find Name John MI Thomas Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 901 Coharie Drive ::]Clinton PO Box city State NC ZIP 28328 I Country USA Phone No. 910- 990 -5924 e)d• FAX No. Street Address (ff different horn above) city state ZIP Email tnewtl954 mail.com 2. AgentContractorinformation Business Name AS22T-ontractor 1: First Name MI Last Name Debbie D Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State 16275 Wilmin ton NC ZIP phone No. 1 Phone No. 2 28408 910 612 - 0402 FAX No. Contractor # Street Address (if different from above) City State ZIP R CEIVED Email debbiew75 charter. net RECEIVED MAY 1 1 2021 Form continues on back> Y 19 20 DCM WILMINGTON, NC e S..-808-2808 .. 1.888-4RC04 S'i ., www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Pender 608 N. Anderson Blvd Subdivision Name city State Zip Nixon Beach To sail Beach NC 28445 Phone No. Lot No. (a) (if many, attach additional page with list) 910 990 "5924 ext. 6 7 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Banks Channel c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed pro)eot site. ®Natural ❑Manmade OUnknown To sail Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) 102' 34,295 C. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or 10,585.23,710 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 2' - 6- ®NHW or❑N WL e, vegetation on tract Ornamental landscaping, lawn grasses and avrious hardwood trees. f. Man-made features and uses now on tract Single family residence, bulkhead, private pier, boatlift and floating dock. g. Identify and describe the existing land uses ad seen to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, If applicable) Residential R-2 ®Yes ONO ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED rtCVCIv CrJ <Form continues on next page> MAY 112021 :-!;AY 19 2021 Cllfl Nd$il3CIT'MWILMINGTON,NC 252-808-2806 :: 9.888-ARCOABT :: www.ncConstaimanagament.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ®No (II) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (I) or (11) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) See site plan n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. Municipal 5. Actlivil and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private docking facility c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each we of equipment and where it is to be stored. Typical marine construction with a barge mounted pile driver. d. List all development activities you propose. Install new boatlift adjacent to existing platform- s. Are the proposed activities maintenance of an existing project, new work, or both? New f. What Is the apprmdmats total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres 169 g. Will Me proposed project enaoach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None 1. will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? - []Yes ®No ❑NA If yes, attach a mitigation proposal. _ RECEIVE RECEIVED <Form continues on back>MAY 19 2021 MAY 1 1 2021 ., i MHD CITYnGM WI ^INGTON NC 252-808-2808 :: 11-888-41RICOAST :: www. nc coastal m anagem en t. net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable; must be submitted in order for the application package to be complete. Hems (a) - (0 are always applicable to any major development application. Please consult the application , - instruction booklet on how to properly prepare the required items below, a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and slgned 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 Topsail Beach Phone No. Address 820 S. Anderson BIVd., Topsail Beach NC 28445 (910) 328-5841 Name Bryant Crumpler Phone No. Address P.O. Box 1113, Wallace, NC 28466 Name JRT Topsail Ventures, LLC c/o James Trice Phone No. Address P. O. Box 94, Wilkesboro, NC 28697 g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. CAMA GP #80240 issued 3/19/21 to John Newton to replace existing pier and platform h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. t 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that 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. t(d�IVI=® I further certify that the information provided in this application is truthful to the best of my knowledge. Date 4/28/21 Print Name Debbie Wilson Agent for John Newton �e MAY 19 2021 Signature 9.catbcra_ Z.i 0CM-MHD CITY Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts IRECEIVEP ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information MAY 1 1 2 i DCM WILMINGTON, NC 252.808-2808 :: 1-888.41RCOAST :: www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACIUMMARINA CHARACTERISTICS ❑This section not'applicable (i) Will the facility be open to the general public? ❑Yes HNo a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ®PrivateiCommunity c. (I) Dock(s) and/or pier(s) EXISTING III) Number (iii) Length (Iv) Width _ (v) Floating []Yes ❑No e. (i) Are Platforms included? [-]Yes HNo If yes: (if) Number (iii) Length (iv) Width _ (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from d6pime dimensions. g. (i) Number of slips proposed 1 (II) 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 HOpen water; no dredging required ❑Other; please describe: k. Typical boat length: 24' M. (i) Will the facility have tie pilings? ❑Yes HNo (ii) If yes number of tie pilings? b. d. (i) Are Finger Piers Included? ❑Yes HNo If yes: (ii) Number (III) Length (iv) Width (v) Floating ❑Yes []No f. (i) Are Boatlifts included? HYes []No If yes: (11) Number I_ (III) Length 13' (iv) Width 13• h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies �$ Dockage ('Wet slips") only, number of slips: LalaL ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: ). Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Olen Runabout RECEIVED MAY 19 2021 DCM-MHD CITY I. (1) Will the facility be open to the ge ral Public? ❑Yes HNo AECEIVF t MAY 1 1 1 DCM WIL6fr)h-r-,,* 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement.ned revised: 12/27106 Form BCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (if) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, If applicable, for containing Industrial typo 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 marine policy on overnight and live -aboard dockage? RECEIVED MAY 19 2021 k. Describe design measures that promote boat basin flushing? DCM-MHD CITY I. If this project is an expansion of an existing marina, what types of services are currently provided? MAY 1 1 20," 1 DCM WILMINGTON, NC 252-808-2808 :: 1.888.4RCOAST a nn".necoastalmanaaement.net revised: 12J27106 Form DCIY MP-4 (Structures, Page 3 of 4) m. Is the madna/docldng facility proposed within a primary or secondary nursery area? []Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is me marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ❑None P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes [-]No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) 0This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (II) Number (111) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not ap plicable a. (i) Number (ii) Length (iii) Width S. BREAKWATER (e.g., wood, sheetpile, etc.) ® This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. is me mructure(sy ❑Commercial ❑PubliclGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, N present. e. Arc of the swing _ b. Number RECEIVED d. Description of buoy (color, inscription, size, anchor, etc.) MAY 11 2021 DCM WILMINGTON, NC 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 IAi; ".:Gi is , P,q`e+a ui 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 6' to the west & 44' to the east Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 83T e. (i) WIII navigational aids be required as a result of the project? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. J. Proximity of structure(s) to adjacent docking facilities. 13' to the west & 56' to the east d. Water depth at waterward end of structure at NLW or NWL 3.5' 69 NLW 8. OTHER ❑This section not applicable a. Give complete description: Install a new 13' x 13' boatlift on the west side of the existing 14' x 30' fixed_ platform. 4/28/21 Date Project Name John Thomas Newton Applicant Name - 9-440 2i Agent for Applicant Signature RECEIVED MAY 19 2021 `ACM-IMHD CITY RECEIVED MAY 1 1 2021 DCM WILMINGTON, NC 252-808.2808 :: 1.8884RCOAST :: www.nccoastalmanaaamsnt.net revised: 12/2T/06 cis i i ;, A t AV j f<f 1 j � \ a Y�608 N Anderson Blvd 1 f � 3 mi Existing and Proposed Structures N '-----(Banks Channel--�� n 0 = Water Depths Relative to NLW 0 = Slip Numbers a of Federal Channel _ q y Existing; g e c I� o LL Ot C f N W e it P L L .4 4 3 y 1r E--15'---� Setback (z)l (z) Existing 14' x 30, 2 3 I Platform ,off 0 L_ I - 56' -- o to Adjacent NY O Structure x� �o 1 I ropuS Existing 6' x 24' 13' x 11 Boatlift 1 o y -O x Mo y l y y y y n it y y € y Marsh y y y � if r (-15'--7' Setback � L Q JRT Topsail Ventures, LLC John Thomas Newton j John Thomas Newton Douglas Austin o James Trice & John 619 Nixon Ave. z Thomas Newton Lot 7 Lot 6 608 N. Anderson Blvd. 1 608 N. Anderson Blvd. 620 N. Anderson Blvd I I John Thomas Newton 608 N. Anderson Blvd. Topsail Beach Pender County Drawn By: Debbie Wilson 4/28121 Scale: 1 " = 20' Sheet 2 of 3 t I I i Existing; 4llt E W } i NHW- Bryant Crumpler L L 606C N. Anderson Blvd. RECEIVED MAY 19 2021 DCM-MHD CITY RECEIVED MAY 1 1 ?0 1 DCM WILMINGTON. yC X - Section w rc U W LU rr ¢ L g � � 3 U Proposed IYX 13' Boatldt MUVI NLW John Thomas Newton 608 N. Anderson Blvd. Topsail Beach Pender County Drawn By: Debbie Wilson 4/28/21 Scale: 1" = 10' Sheet 3 of 3 Bodnar, Gregg From: Sent: To: Subject: Attachments: Morning Jonathan, Bodnar, Gregg Monday, August 2, 2021 10:03 AM Howell, Jonathan FW: Newton DRAFT Review XX-21 John Thomas Newton.docx Response from Jason about the USACE setback on this one and condition 6. Which standard language has 80 feet. Gregg From: Dail, Jason <jason.dail@ncdenr.gov> Sent: Thursday, July 29, 2021 9:13 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: Newton DRAFT Review Hey Gregg, The setback off the channel at this location is 37.5' according to the Corp's mapping. That setback applies to any piers along banks channel in Topsail Beach and Surf City. Let me know if you need anything else. Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC18405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail @ncdenr. gov 'E-moil correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. From: Bodnar, Gregg Sent: Wednesday, July 28, 2021 3:37 PM To: Dail, Jason <iason.dail@ncdenr.gov>; MacPherson, Tara <tara.macoherson@ncdenr.eov> Subject: RE: Newton DRAFT Review Yeah that is something we need to look at and verify my number, thanks for that. Our standard language is 80' but in WiRO area you have variable distances. Don't have USACE yet so that may help. If you can verify or have more accurate number let me know. G From: Dail, Jason <iason.dail@ncdenr.gov> Sent: Wednesday, July 28, 2021 2:50 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; MacPherson, Tara <tara.macpherson(c@ncdenr.gov> Subject: RE: Newton DRAFT Review Thanks. I'll have to check on the setback distance, cause im not sure where the 60' comes from. Stand by. Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management Inccoostalmanaaement.netl 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax: 19101395-3964 Jason. Dail@ncdenr. aov -E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. -------- Original message -------- From: "Bodnar, Gregg" <gregg.bodnar@ncdenr.gov> Date: 7/28/21 12:33 PM (GMT-05:00) To: "Dail, Jason" <jason.dail@ncdenr.eov>, "MacPherson, Tara" <tara.macpherson@ncdenr.gov> Subject: Newton DRAFT Review For your review. Just waiting on Greg Curry. Gregg DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: John Thomas Newton COUNTY: Pender PROJECT NAME: 608 N. Anderson Docking Facility LOCATION OF PROJECT: 608 N. Anderson Blvd, adj. to Banks Channel, Topsail Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD:>ali 4114(m FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 5-22-21 To Be Forwarded: N/A aECENED MAY 19 202, DCM-IJIFID CITY DISTRICT OFFICE: WHAIINGTON FEE REC'D:1250#4779 END OF NOTICE DATE: 6-12-21 ADJ. RIP. PROP NOTICES RECD: DEED REC D: Yes C) 75 DAY DEADLINE: 7-29-M '1� 150 DAY DEADLINE: fc5/t r �L HOLDS: MAIL OUT DATE: 5-19-21 STATE DUE DATE: 6-12-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep as / 4 (2. ( I rA DCM - LUP Consistency Determination a Local Permit Officer Corps of Engineers - Regulatory Branch - IPZ ( DWR-401 Section (4 LI ZoLi —p DWR- Public Water Supply I DEMLR- Stormwater DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission 'IL1 DMF - Shellfish Section S1 L( x DMF - Habitat & Enhancement � ( (q L }� DNCR - Archives & History Il 1( /c DNCR—Natural Heritage Program NCDOT NC Dept of Commerce V 4 t M Bodnar, Gregg From: Dail, Jason Sent: Thursday, July 29, 2021 9:13 AM To: Bodnar, Gregg; MacPherson, Tara Subject: RE: Newton DRAFT Review Hey Gregg, The setback off the channel at this location is 37.5' according to the Corp's mapping. That setback applies to any piers along banks channel in Topsail Beach and Surf City. Let me know if you need anything else. Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone:(910)796-7221, Fax.(910)395-3964 Jason. Dail @ncdenr. ao v `E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Wednesday, July 28, 2021 3:37 PM To: Dail, Jason <jason.dail@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: Newton DRAFT Review Yeah that is something we need to look at and verify my number, thanks for that. Our standard language is 80' but in WiRO area you have variable distances. Don't have USACE yet so that may help. If you can verify or have more accurate number let me know. G From: Dail, Jason <iason.dail@ncdenr.gov> Sent: Wednesday, July 28, 2021 2:50 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: Newton DRAFT Review Thanks. I'll have to check on the setback distance, cause im not sure where the 60' comes from. Stand by. Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management Inccoastalmonaaement.netl 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax (910)395-3964 Jason.Dail@ncdenr. aoy -Email correspondence to andJrom this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -------- Original message -------- From: "Bodnar, Gregg" <greQa.bodnarClancdenr.eov> Date: 7/28/21 12:33 PM (GMT-05:00) To: "Dail, Jason" <iason.dailCcDncdenr.gov>, "MacPherson, Tara" <tara.macohersonncdenr.aov> Subject: Newton DRAFT Review For your review. Just waiting on Greg Curry. Gregg "at[x.raa�mtY � f � Gregg Bodnar Assistant Major permits Coordinator Oivision of Coastal Management Department of Environmental Quality 252 ON 2808 ext 2IS (Office) Greg &odnar,AQncdenr.gov Email comspondence to and from this address Is subject to the North Carolina public Records taw and maybe disclosed to third parries. RECOMMENDATIONS FOR: John Thomas Newton — May 18, 2021 The total area of the proposed structures was calculated as follows: Shoreline length = +/-102 ft. x 8 sq. ft. = 816 sq. ft. allowable. Proposed: Platform =14' x30' = 420 sq. ft Floating dock = 8' x 25' and 4' x 22' = 200 sq. ft. Fixed finger pier — 6' x 25' = 150 sq. ft. Boatlift (not included) .= 144 sq. ft. Existing Total = 770 sq. ft. (platform area) Total proposed (boatlift) = 169 sq. ft.(incorporated) The construction would provide docking space for up to three (3) vessels at this location. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208(b) (6), including the width Wile, the eight -square foot rule and the pier -width rule. The proposed structures would be located entirely over open water. This office has NO OBJECTION to the proposed work provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for private docking facilities. RECEIVED MAY 19 2021 North Carolina Department of Environmental Quality I Division of Coastal Management r)CM—M FID CITY Washington Office 1 943 Washington Square Mall I Washington. North Carolina 27889 1 252-946,6481 Wilnngton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1 910.796.7215 �y�� Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.8082808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 252.2643901 a ROY COOPER G..... Mo. DIONNE DELLI-GATTI k,"'I", BRAXTON DAVIS LJbcmv. L1,,A.....•1'rbawl.lLw.yvnas✓ May 19, 2021 MEMORANDUM C. 2-1.05.19.o1 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) orega.bodnar@ CDENR gov SUBJECT: CAMA Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adj. to Banks Channel, Topsail Beach, Pander County. Proposed Project: Proposal to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three (3) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and retum'this form to Gregg Bodnar at the address above by June 12, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. 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_T d7kn n AGENCY N RL SIGNATURE ✓T� DATE 5- 28-102.1 RECEIVED MAY 2 7 2021 MP SECTION MHD SUM of North Carolina i Ewimnmmtal Quality i CoU,,1 Memgmmnt 127 Cardinal L%ri hkt, Wilminpm NC 28405 919 796 7215 0 NOR IH CARO NA iti;t'lPOltmew'i {�I(Gllil May 19, 2021 MEMORANDUM ROY COOPER Gm•ernnr DIONNE DELLI-GATTI .4ecrervey 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. bcdnar(5)NCDENR.gov SUBJECT: CAMA BRAXTON DAVIS Directnq Ulvision ufCo,,ml Mmmgewenl Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adj. to Banks Channel, Topsail Beach, Pender County. Proposed Project: Proposal to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three (3) boat 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 June 12, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: ' 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 Mane Brown AGENCY Public water supply SIGNATURE MQA RECEIVED MAY 2 0 2021 DATE 5-20-21 NIP SECTIOM MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt., Wilmington, NC 28405 919 796 7215 ROY COOPER cn""m, DIONNE DELLI-GATTI Secr mry NORTH CAROL NA May 19, 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) greaa.bodnar((DNCDENRgov SUBJECT: CAMA BRAXTON DAVIS D,mclnr. DlrAw, ofCoasarl Managemenl Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adi to Banks Channel, Topsail Beach, Ponder County. Proposed Project: Proposal to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three (3) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by June 12, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shelfish Sanitation and RWQ SIGNATURE for Shannon Jenkins Rd�C"�VE® DATE 05/25/2021 M AY 2 6 2021 IMP SECTION MH® State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER (hn"hun. DIONNE DELLI-GATTI &e+waq BRAXTON DAVIS lhrcrmr, lbr+m+u. n!('u:aaul ,IlwmC2�n'•[( May 19, 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) areco. bodnaraNCDENR.cov SUBJECT: CAMA Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adj. to Banks Channel, Topsail Beach, Pander County. Proposed Project: Proposal to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three (3) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address, above by June 1Z 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. 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 C� h lr h r AGENCY SIGNATURE DATE N c i) ZL . 0 � 60myn,-Vu rA A V- k G/`d 121 2 ; 5 l A- . - RECEIVED JUN 8 2021 MP SECTION MHD State ofNonh Carolina I Envim=mtal Quality I Coaxal Man 6l enl 127 Cardiml Dri%v Ea, Whmngtm. NC 39403 9197967215 Due: 6/11 /2021 Received: 6/3/2021 Historic Preservation Office NORTH C;A2� i_IN', May 19, 2021 ER 21-1378 ROY COOPER Got e., DIONNE DELLI-GATTI .5'ecrelary 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) oreca.bodnar cD,NCDENR.cov SUBJECT: CAMA BRAXTON DAVIS Uircclnr, Divivinn a/Cnae/al Management NC - SBA 6/9/2021 Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adi. to Banks Channel, Topsail Beach, Pender County. Proposed Project: Proposal to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three (3) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by June 12, 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE RE M E®VE D DATE 6/10/2021 JUN 1 0 2021 MP SECTION eAHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 SUBJECT: CAMA Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adf. to Banks Channel, Topsail Beach, Pander County. Proposed Project: Proposal m expand an existing docking faality byinstalling a new 13'x 13' boatliR for a total of three (3) boat slips. Please indicate below your agency's position or viewpoint on the ro sed projectand return this form to Groan Bodnar at the address above by If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropdate, 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 ifthe recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ® ci'. (% *h 0-4 Sm afNm Qnv I �neu Way I C.UNdnN➢1g t 115�Eg9hlmagngNC1109 9197%1715 ECENVEM JUN 8 2021 WiP SECTION R,11:1D ROY COOPER Govemor DIONNE DELLI-GATTI Secremry NOR] I C1F:OUN;', May 19, 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(W NCDEN R.gov SUBJECT: CAMA BRAXTON DAVIS Dimrror, Division "f0rarml".mr anew Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adj. to Banks Channel, Topsail Beach, Pander County. Proposed Project: Proposal to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three (3) boat 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 June 12,,2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached`* X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY SIGNATURE DATE 06/14/2021 RECEIVED JUN 1 4 2021 MEN SECTION MCA® State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 9197967215 ROY COOPER Governor JOHN NICHOLSON interim Secretary S. DANIEL SMITH Director DATE: FROM: SUBJECT: NORTH CAROLINA Environmental Quality July 16, 2021 Holley Snider lt�U NCDEQ-Division Water Resources 401 Buffer Permitting Branch DWR #20210883 No Written Approval Required PROJECT LOCATION: 608 N. Anderson Blvd, Topsail Beach, Pender County Newton property PROPOSED PROJECT: Expansion of an existing docking facility to provide dockage for three (3) vessels. The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request dated received by this office on June 21, 2021. The proposed project is located within the waters of Topsail Sound which are class SA;HQW waters by 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 CAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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 JUL 2 0 2021 MP SECTION MHD North Carolina Department of Environmental Quality I DMslon of Water Resources D_E Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington North Carolina 28405 �v� 910.796.7215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application — John Thomas Newton, Topsail Beach, Pender County Date: August 6, 2021 Consistency Determination: This project appears to be consistent and not in conflict with the Topsail Beach Land Use Plan update. The applicant is proposing to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three boat slips. The project is located at 608 N. Anderson Blvd., adjacent to Topsail Sound in Topsail Beach, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PT. Waters at the site are classified as SA and are not open to shell fishing. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed and Conservation. In general, the Topsail Beach Land Use Plan allows development in Developed/Conservation classified AECs which is consistent with the State's minimum use standards. The Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project appears to be consistent with the Topsail Beach Land Use Plan Update. Cc: File RECEIVED A U G g 2021 NIP SECTION MHD Bodnar, Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.miI> Sent: Monday, August 16, 2021 2:58 PM To: Bodnar, Gregg Subject: [External] RE: Projects Attachments: RE: CAMA Major Application: John Thomas Newton CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Ok. Providing an update below: The following projects are GP 56s and am waiting on the CAMA permit issuance prior to our letter (we attach it w/ our letter along w/our permit; usually attach the Manatee Guidelines -since Christy is gone now, I'm not sure how many of these will have letters written for them): Ogan: SAW-2021-01234 Drenning-Maniquez: SAW-2021-01183 Scouts: SAW-2021-01456 Newton: SAW-2021-01086. Attached is a recent email on that one. Barrow: SAW-2021-01267, is a 291 w/PN close date of August 25. Nav/EPA/USCG all had no comment/no concerns. I don't anticipate much comment from the other agencies. Working on the Port request coordination. Hope that helps. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, August 16, 2021 12:41 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: Projects Can you add the State Ports on that too? Gregg From: Bodnar, Gregg Sent: Monday, August 16, 2021 12:37 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: Projects Hey Liz, Wanted to keep a few on the radar.... Dean Ogan Scouts LLC Bodnar Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Sent: Monday, August 16, 2021 3:24 PM To: Bodnar, Gregg Subject: RE: (External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Yes -I'm good w/ that. I don't know when we will be able to get our letters done for these -we don't have enough admin staff right now to handle everything, so I may end up having to do the letter prep myself and send them out, not sure how long that would take me. Liz From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, August 16, 2021 3:18 PM To: Hair, Sarah E CIV (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Projects Hey Liz, On the Newton one, are you good with us moving on before you finalize the GP56? I have not seen the authorization yet and I don't want to move without it being official. Thanks, Gregg From: Hair, Sarah E CIV (USA) <Sarah.E.HairCausace.army.mil> Sent: Monday, August 16, 20212:58 PM To: Bodnar, Gregg <RreRR.bodnar0Dncdenr.aov> Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Ok. Providing an update below: The following projects are GP 56s and am waiting on the CAMA permit issuance prior to our letter (we attach it w/ our letter along w/our permit; usually attach the Manatee Guidelines -since Christy is gone now, I'm not sure how many of these will have letters written for them): Ogan: SAW-2021-01234 Drenning-Maniquez: SAW-2021-01183 Scouts: SAW-2021-01456 Newton: SAW-2021-01086. Attached is a recent email on that one. Barrow: SAW-2021-01267, is a 291 w/PN close date of August 25. Nav/EPA/USCG all had no comment/no concerns. I don't anticipate much comment from the other agencies. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: John Thomas Newton 2. LOCATION OF PROJECT SITE: 608 N. Anderson Blvd., adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Location by GPS: Lat: 34°23' 12.87"N Long: 77°36' 15.69"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 5/13/21 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application rec. initially: 5/11/21, Completed — 5/14/2020 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Topsail Beach Land Classification from LUP — Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Unknown Planned - None Type of Structures: Existing — Upland is developed with single-family residence. A private docking facility that includes an access pier, finger pier, platform, boatlift and floating dock, is located on the property's western shoreline. Planned — additional boat lift (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] noun `An crt r nrr (A) Vegetated Wetlands (B) Non -Vegetated Wetlands 169 sq. ft. —(Open water inco rated (C) Other — High ground (D) Total Area Disturbed: 16q sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: SA Open: YES 8. PROJECT SUMMARY: The applicant proposes to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three boat slips. RECEIVED MAY 19 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252946.6481 wdrrdngton Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.7%.7215 Morehead Chy Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.808.2808 Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 1 252.2643901 John Thomas Newton Page 2 9. PROJECT DESCRIPTION: The project site is located at 608 N Anderson Boulevard, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. To find the property from the Wilmington Regional Office, take Highway 17 North from Wilmington approximately 20 miles and turn right on N.C. State Highway 210. Travel approximately 2.8 miles to the intersection of NC 210 and NC 50. Turn right onto NC 50/NC 210 and travel approximately 1.9 miles onto Topsail Island. Turn right onto S. Topsail Dr. /NC 50 and travel approximately 4.6 miles. The subject property will be located on the right-hand side of the road at house number 608. Existing man-made features on the property include a single family residence, bulkhead and private docking facility. High ground vegetation consists of Live Oaks and scrub vegetation. According to the application package, the high ground portion of the property is elevated approximately 2'-6' above the normal high water (NHW) level. The shoreline measures approximately +/- 102 linear feet and is stabilized by a wooden bulkhead. There is a fringe of Coastal Wetlands (approximately 30' — 40' in width), consisting primarily of Smooth Marsh Cordgrass (Spartina Alterni%lora) bordering the property along the western shoreline. Residential properties border the property to the north, south and east and Banks Channel borders the property to the west. A pier and docking facility have existed at this property since the 1990's; however, historical documentation (i.e. CAMA permits) have been difficult to find. In April 2016, a CAMA general permit (No. 66313-D) was issued for the construction of a new fmger pier and floating dock. Subsequently, in March 2021, CAMA General Permit 80240-D was issued for the replacement of the access pier and platform. The existing docking facility is located along the western portion of the property and extends approximately 100' into Banks Channel (as measured from the most landward point of the access pier). The facility consists of a 6' x 80' access pier, 14' x 30' uncovered platform, 6' x 25' finger pier, 12' x 12' boatlift (located on north side of the existing platform) and an 8' x 25' floating dock. The existing docking facility extends approximately 40' - 65' beyond the outer edge of marsh, which places the entire structure within '/4 of the width of the water body well outside of the existing channel and right at the edge of the existing pier head line. The width of waterbody in this location is approximately 850'. The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during the April 2020 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding area. Water depths in the vicinity of the existing facility range from -2' to 4', relative to normal low water (NLW). PROPOSED PROJECT: Through this permit application, the property owner proposes to expand an existing docking facility by installing a new 13' x 13' boatlift for a total of three boatslips. According to the site plan drawings, the applicant proposes to install a new 13' x 13' boatlift along the southern side of the existing platform. The proposed lift would be located in alignment with the existing "pier -head" line and would provide dockage for a single vessel. RECEIVED MAY 19 2021 DCM-MHD CITY North Caroltna Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washingtm North Carolina 27889 1 252.946.6481 vd)) Wilmington Office 1 127 Cardrul Drive Extension I Wilmington. North Carolina 28405 1 910.7%.7215 Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 28557 1 252,8082808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth CHy, North Carolina 27909 1 2522643901 John Thomas Newton Page 3 According to google earth imagery, using the COE's Wilmington District Base Map, it appears the proposed lift would be located approximately 25' from the near shore edge of the federal channel setback. Based on the design, the applicant would have the ability to dock up to three vessels at the docking facility. The proposed project would encroach within the 15-foot riparian corridor setback of the southern adjacent riparian property owners; however, the applicant has obtained an "initialed" waiver allowing the encroachment. 10. ANTICIPATED UVIPACTS: The proposed structure would incorporate approximately 169 sq. ft. of Estuarine Waters and Pubic Trust Area. The new boatlift would remain consistent with similar pier length requirements (established pier - head line) and would be located outside of the federal channel setback. Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: May 18, 2021 Office: Wilmington RECEIVED MAY 19 2021 JCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management D �'Y�n Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 vsJ) Wilmington Office 1 127 Cardinal Drive Extension I Wilmingtort North Carolina 28405 1 910.796.7215 ��,y,, Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina Z8557 1 Z52a082808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 2522643901 Narrative As acting agent for John Thomas Newton who owns 608 N. Anderson Blvd., adjacent to Banks Channel, Pender County, in Topsail Beach, NC, I am submitting the enclosed CAMA Major Permit application for modifications to the existing docking facility. Mr. Newton received CAMA General Permit #80240 on 3/19/21 to replace the old deteriorating pier and platform which is currently nearing completion and is now requesting a permit to install a new 13' x 13' boatlift on the northwest corner of the existing fixed platform. The proposed boatlift will encroach into the the adjacent 15' riparian corridor setback on the west side, adjacent to 620 Nixon Ave. which is co -owned by Mr. James Trice and Mr. Newton under the name of JRT Topsail Ventures, LLC. The requested modification will still be located well landward of the '/4 width of the waterbody and the Federal Channel Setback and will be located in existing water depths of -3' to -3.5' @ normal low water. This addition will enable the docking facility to accommodate a total of 3 vessels. The DWR pre -filing meeting request has been filled out on the website and a copy of the return email resulting from that submittal is included in this CAMA Major Permit application. • 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 cert fying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Please feel free to contact me if you need any additional information or have any questions. RECEIVED MAY 19 2021 DCM-MHD CITY RECEIVED MAY 1 1 2021 DCM WILMINGTON, NC Name of Property Owner Requesting Permit moo n I Mailing Address' Phone Number: Email Address: I certify that I have authorized 1 1 Debbie Wilson. Aaent Agent I Contrartor to act on my behalf. for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at {_l in t l ` 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: rignature Print or Type Name Title Date This certification is valid through RECEIVED MAY 19 2021 DCM-MHD CITY RECEIVED MAY 1 1 202! DCM WILMINGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: John Thomas Newton Address of Property: 608 N. Anderson Blvd., Topsail Beach Pender County (Lot or Street #, Street or Road, City & County) Agent's Name #: Debbie Wilson Agent's phone # 1910) 612-0402 Mailing Address: P. O. Box 16275 iArilmington NC 28408 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. �V I have no objections to this proposal. 1 have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available vsysYv.nccoastalmanaaernent ney"weblcrn/staff-Iistino orby calling 1-888 4RCOAST. No response is considered the soma zs nn nera 1 n :r,, ... ,,, _ .. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish 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 15' setback requirement. (Property Owner Information) 9-4<a- Z--� . Agent for Signature John Thomas Newton Print or Type Name 901 Coharie Drive Mailing Address Clinton, NC 28328 City/State2ip 910 990-5924 Telephone Number / Email Address 4/28121 Dare (Riparian Property Owner Information) Sis�ure RECEIVE® Printfor Type Name MAY 19 2021 r CZ Martina Address CITY AIL, 2296& City/State2ip RECEIVEIti Telephone Number/Email Address MAY 11 2021 5- I' aUa/ ,_D- WILMINGTON. NC Dore (Revised Aug. 2014) .,la' - f4•- . yyxA ym n1;. t t •,,.faY m/ 1 DcI1t ri Is s. - , Y"'. ..a �iii p ..Y.'. .., , k i '- '`k''`� a'... 1,,. � 7,n'" !1 11 t `•Mii' T WOO f a ��xyy i ' WP'Sl tt �di.� Ira i.. i+a r , ul Wjm � 1 • iw � ��' 11 k 1�1I 1 1� k TK. {" ��y �A Yi � i ��`• � ♦ i 11 t •! ,1 ,r3 ,. ,�..e$$ti}�F��� 1 ,.•tl�: • i4 `-w�.. ` ... A�' ..-. � ..,.r.i. i, �' Sr �•': m G / 't''y y��+" -� � 1 i bi� T � ;n��ISPi �� C $ ,,:. fie... �F,ty .��iftNRWi:4a, iNy7s. .`h'•��,. ^'f+"1 - 1 [.is y= 11 rt at;iz a J !ti vji i _'}' J 3J f • A (: ! ,.a ! if�e - ',f 9 PI <; r i D} _ 1 .i, Iq S9>X-'� �§�": m II ,1�1 •.n:c ysf_ -:Is a ,_�:-, . I af. c ' > _ - a y i :+;' c .m :-a - x A f }I a 1 i4 S : S i ..1 +'•'.'[ t �'.-0l y ➢• "f t Y s V M..�S :; I' i x... t {, + g1 n a °•TP �� e'11 I'RS°/-u j': 6(17"-3j5 F .-7 TY;tT!'+k`i'F "'a.: J t`"'7..3iL:i'+Y'nvt• -.fie MORIN :r xfYa �� 4eY rt tr .. a.. a �.tal� r o �.v a t � y'•v t tl tej m '.: I � . t yk8 -a t4ar my[ {!- I,tka _I.las;_ 4i- i.Gd 9'•11 e. if)FI+.AC ai - a�"my 4 e j-+m' �.tSk.w �'•k Jf. i � tl +:t r-1. it`-: s a a : -� ..= JD'"""i' 4.}ty _ ® .�s � m. • .'n c •i A If fI .sty s Kiv't ffi Ij 41 �j. r - ,._,a t. 2. and 3. A rja ■ f nl,. �s on the reverse so that we card to you. ■ Attach this card to the back of the mailpiece, or on the front If sDace Dermits. 1. Article Addressed ex --- — --- R JRT Topsail Ventures, LLC ACM do James Trice P. O. Box 94 ViIkesboro, NC 28697 iIIIIIIII IIII IIIIIIII II III IIIIIIIII II I I III III 9590 9402 3004 7124 2057 36 7018 3090 0001 8772 2964 IE Ps Form3811. July 2o1s Psn -000-OM ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpieee, or on the front if space rmrmilm Bryant Crumpler P. O. Box 1113 Wallace, NC 28466 IIIIIIIII IIII IIIIIIII II IIII IIIIIIII IIIIIII III 9590 9402 3004 7124 2057 29 7018 3090 0001 8772 2957 PS Form 3811, July 2015 PSN 7530-02-000-9053 - diReren[ frorrl gan 17 u 04 20?1 SING �� 112 1� 0 Agent ❑ Addressee Its of Delivery Service Type --fl Priority Mal Express@ Nutt Sgnalure ❑ Registered Mall— Nun signature Restnated Delivery ❑ R_¢glslared Mad Restricted :ertifad Male Dueo�Yvvearr))'' :ernfied Mad Restricted Do" ❑ Return Recelot for :dlee[on oelrrerY MSUaMise lolled on Delivery Restricted Del" ❑ sml= re CanfimmtbnTM nsaed Mal ❑ Signature Confimetion neured Melt Restricted Delivery Restricted Delivery oyerism Domestic Return Receipt X B. 1118001VO by fteled Ne l IA/ 14 ye �� !1/C�� D. IS d�— ¢frat If YES, enter e ry d eS5 b4} MAY 11 2021 ❑ Agent 1? ❑ Vat ❑ No DCM WILMINGTON, NC 3. Service Type ❑ Pnodty Mail Express® ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Registered Mad.a ❑ Reeggl Mail Restricted O Codified Main DelNery tV O candied Mail Restricted Delivery ❑ Return Roceip" ❑ collect on Delivery Merchandime - ❑ collect on De ivory Restricted Derrvery ❑ Signature Conferigfi0ow ❑ Inwred Mail ❑ Signature Coohnnatlon n lneured d De Mell Restrictelivery Restricted Dedvery ■ Complete items 1, 2, and 3. I[A- • Print your name and address Dinthe reverse so that we can return the card to you. ■ Attach this card to the back or the mnplleoe,or on the front if space nerrnRe Michael rn Manag rare _of opsail Beach l 820 S. Anderson Blvd. Topsail Beach, NC 28445 9590 9402 3004 7124 2057 43 7018 3090 0001 8772 2940 PS Farm 3811, July 2015 PSN?63o-02-0w lilim Domestic Return Receipt -/I D. Is delivery �rt�>3� (/mm gem 1? ❑ Y N YES, alit 6lIDtei+,taab/v��ylow: ❑ No MAY 1 1 2021 3. Service Typo - ❑ Adult" sgnetr,re 'U VoarMy Mail Expossae ❑ Cont Mwenrrtum Restricted Dofivory ❑ CeNfletl Mull® ❑ Registered Ma— ❑ Raalgerad Men RVMdeted perWery ❑ Certified Mad Restricted Delivery ❑ netun Receipt for ❑ Cdiaot on Delivery Merchandise ❑ Cosect on Delivery Resylo od Derrvery ❑ Signature Conrrrmatli ❑ Indil Mall ❑ Signature Confirmation ❑ kmied Mall Restricted Delivery Restricted Delivery RECEIVED MAY 19 202, ICM-PoIFID C17 V Domestic Return Receipt Contact Name * Debbie Wilson Contact Email Address* debbiew75@charter.net Project Owner* John Thomas Newton Project Name * John Thomas Newton Project County* Pander Owner Address:* street Address 608 N Anderson Blvd Address Lie 2 my Topsail Beach PWal / Zip Rrde 28445 Is this a transportation project?* r' Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express r Individual Permit r Modification r Shoreline Stabilization Does this project have an existing project [DO?* r Yes r No Sate/Fa a/fbgw NC c—" USA Do you know the name of the staff member you would like to request a meeting with? Flolley Snider Please give a brief project description below and include location information. Install a new 13' x 13' boatlift at an existing private docking facility. Please give a couple of dates you are available for a meeting. 5/1412021 Please attach the documentation you would like to have the meeting about. RECEIVED MAY 19 2021 MHD CITY RECEIVED MAY 11 2021 DCM WILMINGTON, NC Agent Form.pdf 369.71K13 dcnrmpl.pdf 1.32MB dcrrfmp4.pdf 403.58KB Existing - Proposed Structures.pdf 867.96KB Vicinity Map.pdf 1.41 MB X-Section.pdf 305.57KB pdf orty By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I 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 * f Wld-Or _ Submittal Date 6/2/2021 RECEIVED MAY 19 2021 fDCM-MHD CITY DECEIVED MAY 1iwi DCM WILMINGTON, AC ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAMS Director Debra Wilson PO Box 16275 Wilmington, NC 29408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality May 18, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the Property owner John Thomas Newton, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities 608 N. Anderson Blvd , adjacent to Banks Channel and Topsail Sound in Topsail Beach Pnder County. It was received as complete on May 15, 2021, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is July 29, 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 g May 15, 2021, you may request a meetinwith 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. erely, r on D Field Representative cc: WiRO — file Liz Hair, USACE Holley Snider, D WR John Thomas Newton, Applicant — 901 Coharie Drive, Clinton, NC 29328 RECEIVED MAY 19 2021 ')CfW-M'4b CITY D E Q North Carolina Departmentm of Environmental Quality I Division of Coastal Management Washington Office 1 943 washh9tm Square Mail I Washington. North Carolina 27889 1252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26405 1 910,796.7215 ','.m.r.�� Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 2SZ8082808 Elizabeth City Office 1401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1 25Z264,3901 NO '1'ICI: CAMA PERMIT APPLIED PROJECT:- . . . Aicant roposes FOR to expand an County. COMMENTS ACCEPTED THROUGH _June L2, 2021 APPLICANT: FOR MORE DETAILS CONTACT John Thomas Newton THE LOCAL PERMIT OFFICER BELOW: 901 Cobarie Drive n Clinton, FIC Z8328 9 S? w• r., rAW Agent., N < f Debbie Wilson Jason (910) 612-0402-" 0 NORTH CAROUNA 6n'uv urrnrru✓( U141ll9 May 19, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Robert Hollis / New Hanover County • John Thomas Newton / Pender County Hello: Please publish the attached Notice in the Saturday, May 22, 2021 issue. ROY COOPER Gow•mor DIONNE DELLI-GATTI 'k—lary BRAXTON DAVIS DIMClor. avuhm of(''"tal Almm,¢emem 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. If you should have any questions, please contact me at our Wilmington office. Lac ietila Support & Customer Assistance cc: MHC Files Gregg Bodnar — MHC USACE RECEIVED MAY 19 2021 Stale of North Carolina I Environmental Quality', Coastal Management 127 Cudlnal Drive Fx, Wilmington, NC 28405 9197967215 DCM-fM1HD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On May 14, 2021, Robert Hollis proposed to expand A reconfigure an existing two (2) slip docking facility to a total of four (4) slips at 128 Hollis Ln., adjacent to Masonboro Sound in Wilmington, New Hanover County; and on May 18, 2021, John Thomas Newton proposed to expand an existing docking facility to a total of three (3) slips at 607 N. Anderson Blvd, adjacent to Banks Channel in Topsail Beach, Pender County. Copies of these applications can be examined or copied at the office of Bryan Half (New Hanover) or Jason Dail (Pender) N.C. Dept. of Environmental Quality, Division of Coastal Management,127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 (Bryan Half) or (910) 796-7221 (Jason Dail) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to June 12 , 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. RECEIVED MAY 19 2921 DCM-MHD CITY EIK 4613 PG 2785 DOC# 20006838 EXHIBIT "A" LEGAL DESCRIPTION BEGINNING at a iron stake in the northern right of way line of Anderson Boulevard (N.. Highway #50) (60.00 foot right of way), said point being North 54 degrees 21 minutes East 100.92 feet from.an existing concrete monument at the intersection of the northern right of way line of said Anderson Boulevard and the eastern right of way line of Nixon Drive as shown on a map of Section 2, Nixon Beah recorded in Map Book 12 a Page 18 of the Pender County Registry; running thence, from said beginning point, North 27 degrees 55 minutes West 27S.00 feet to an existing iron pin; thence, South 54 degrees 21 minutes West 100.92 feet to an existing concrete monument; thence North 27 degrees 55 minutes West 18 feet to an existing iron pin; thence, North 54 degrees 21 minutes East 50.46 feet to an existing iron pin; thence, North 27 degrees 55 minutes West 164.41 feet to an existing concrete monument; thence, North 54 degrees 12 minutes 100.92 feet to an old stone monument; thence, South 27 degrees 55 minutes East 457.55 feet to an existing concrete monument; thence, South 54 degrees 21 minutes West 50.45 feet to the point and place of BEGINNING. The above described tract consists of all of Lot 7, Section 2, Nixon Beach, recorded in Map Book 12, Page 18, Pender County Registry and the northern portion of Lot 6, Elizabeth Nixon Sidbury Subdivision, recorded in Map Book 9, Page 12, Pender County Registry. RECEIVED MAY 19 2021 DCM-MHD CITY RECEIVED MAY 11 2021 DCM WILMINGTON, NC BK 4613 PG 2783 - 2785 (3) DOC# 20006838 This Document eRecorded: 01/29/2016 03:18:04 PK Fee: $26.00 DocType: DEED Tax: $1,900.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: I l9D0-DO Parcel Identifier No. 4223-14-0791-0000 Verified by County on the day Mail/Box to:_Dan Rizzo.Attornev at Law 13775 Highway 50/210, Suite 501, Surf Citv.NC 28445 This instrument was prepared by: Dan Rizzo Attorney at law. 13775 Highway 50/210 Suite 501 Sarf City. NC 28445 Brief description for the Index: LOT 7 & Northern portion of Lot 6, Elizabeth Nixon Sidbury Subdivision THIS DEED made this 29th day of January , 2016 by and between GRANTOR James Michael Harris and wife, Cynthia Barrington Harris 3225 Philmont Dr. Raleigh, NC 27615 20_ John Thomas Newton and wife, Annette Whitfield Newton 901 Coharie Dr. Clinton,NC 28328 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, theirheirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Hampstead Tbnsail Township, Pender County, North Carolina and more particularly described as follows: ---RECEIVED See Exhibit "A" attached hereto MAY 19 2021 DCM-MHD CITY The property hereinabove described was acquired by Grantor by instrument recorded in Book 2950 page 311 All or a portion of the property herein conveyed _ includes or -X_ does not include the primary residence of a Grantor. A soap showing the above described property is recorded in Plat Book page RECEIVE[) Page I of 2 NC Bar Association Form No. 3 ® 1976, Revised C 1977. 2002, 2013 Printed by Agecraeat with the NC Bar Assadadoo —1981 MAY 11 This standard form has been approved by: North Carolina Bar Association —NC Bar Form No. 3 ;.� submitted electronically by "Dan Rizzo, Attorney" DCM WILMINGTOly in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender county Register of Deeds. BK 4613 PG 2784 DOC# 20006838 TO HAVE AND TO HOLD the aforesaid lot orparcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to easements, restrictions and rights of way of record, if any. IN WTTNESS WHEREOF, the Grantor has duly executed the ferogef the day and year first above writte . (Entity Name) Prin' eName: James Michael Harris By: 1 Print/Type Name & Title: Prin Name:�mrh;a Ra ,ne nn Tin rig PrinttType Name & Title: Print(Type Print/Type Name & Title: Print(Type State of North Carolina - County or City of Pander I, the undersigned Notary Public of the County or City of Pander and State aforesaid, terrify that James Michael Harris and wife, Cynthia Barrington Harris 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 29th day of January 20 16 DE80RAM D. PEKOFSKYGs<i�'�. Notary Public '�� My Commission Expires: r North Carolina 7e�iD/ztG D PGC�J 1`i Notary Public (Affix Seal) PenderCounty Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or,City of and State aforesaid, certify that 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 _ day of 20 My Commission Expires: (Affix Seal) Notary's Printed or Typed Name Public State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that _he is the of , a North Carolina or corporatiodlimited liability company/general patmershipAimited partnership (strike through the inapplicable), and thar by authoai.ty duly given and as the act of such entity, _he signed the foregoing insttumem in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _ day of 20_ My Commission Expires: (Affix Seal) NC BarAssociation Form No. 3 ® 1976. Revised ® 1977, 200? 2013 Printed by Agreement with the NC Bar Association - 1981 Public Notary's Printed or Typed Name RECEIVED Page 2of3 RECEIVED �y ibis standard fot)1 ��Q JetlJAU by MAY 19 202f" Bar Association — NC Bar Ports No.3 DCM WILMING,roN, we DCM-MHD CITY 0 ROY COOPER Gavemnr DIONNE DELLI-GATTI Secrerary BRAXTON DAVIS Director, Divivion nJ'Caavm1 Management May 19 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(a NCDENR.gov SUBJECT CAMA Applicant: John Thomas Newton Project Location: 608 N. Anderson Blvd., adj. to Banks Channel, Topsail Beach, Pander County. Proposed Project: Proposal to expand an existing docking facility by installing a new 13' x 13' boatliR for a total of three (3) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greva Bodnar at the address above by June 1$ 2021. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT NAME AGENCY SIGNATURE DATE 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. RECEIVED MAY 19 2021 State of North Carolina I Environmental Quality I Coastal Management DCM-MHD CITY 7 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 AMA / DREDGE • FILL N9 802.10 GENERAL PERMIT A e Previous permit # NLw Modification Complete Reissue Partial Reissue Date previous permit issued'--, As and n[ed by the State of North Cat-oluta. Department of Environmental Quality and th Coastal Re r es Conn nsion in ah rea of environnientnl concern pursuant to ISA NCAC ��• t' �� C 54 1 " Rutes t Applicant Name, Uw�r\ �'t,.�L � project Location: County . i'y� —_— Address f �1 I �� C> G{ y%� •� % f1 Street Address/ State Road/ t #(s) City '� �n� { C 1" State NV ZIP Zt{�71 l�tl)D N l�Lii Phone # 4 1L) )` o o— --5(i2 Mad y� Subdivi1si� Authorized Agent l.' ��Z'E7' /� 1/Il(��� City-- IE' �L �� ZIP Affected CPWW S. W,ES PTS Phone # ��j��-__ aver Basin AEC(s): OEA HHFUBA WA Ad). Wtr. Body (-� n� iu ,,.,,/ "awn nkn ORW: yes J PNA ycx / o Closest Maj. Mr. Body jCA j R tt_ -J )OkSars, 4 4 Type of Project/ Activity pier (dock) tength Fixed Mario,mis) Finanng Piatfwn,(s) Forger oigris) Groin le h nun er Bulkhead/ ' rap lergrh avg dot to of&bore ,na+ d'sta ce offshore Ras�n. rhannrl cubic yards Boat ratno Roathnuse/ Boaudt Beach Bulfdoairg Other If shoreline Length ►sr s� S.AV not suto yes �L elf ium Morator,Ja yes phdtes yes o t yg Waive, AtLtd,nd K•a ` po/ � A building permit may be required by: _ ( Note Local Planning Jurisdiction) Notes/ Special Conditions fj t lj� t2�111`cc (� 11�i91+ 1�,. (Scale: If ) x� /1 f —� --- �_ RECEIVED y� �l MAY 19 2021 DCM-MHD CITY See note on back regarding Rrver Basin nuns. ('r.it. � t111—i— " Agent qt cant Panted Name S/gttamre '" P ase`re, omp once Staten ack cor n Appi¢anon Foe(s) Check N Pyfmit If..`r Pr ee N C t Signatur � 3i lei Issuing Date RECEIVED DCM WILMINGTON, NC 7r(`i, zl Expit adou Date NC Division of Coastal Management Major Permit Application Computer Sheet AEC:&,vrv-y rwymel Fee: $ 4VIO # " CDAITS _ MHC cc 1 Applicant: Agent/Contractor: VV Project Site County: Staff: District: Wilmington Project Name: Rover File: n/a River Basin: r O r Initial date of application submittal: _ _ Date application "received as complete" in the Field offic : Permit Authorization: CAMA ❑ Dredge & Fill []Both SITE DESCRIPTIOWPERMIT INFORMATION rJ-&d i--o# ORW: ❑Yes No Po NA: ❑YesYes Photos Taken: Yes ❑ No Setback Required (riparian): Yes o Critical Habitat: ❑ ISNo ❑Not Sure 15 foot waiver obtained: es ❑No Hazard Notification Returned: % ❑Yes �No SAV: ❑Yes IUNo ❑Not Sure Shell Bottom: ❑Yes PiNo ❑ Not Temporary Impacts: ❑Yes o Sure Sandbags: ❑YesNo Not Sure A Did the land use classification come Mitigation Required (optional): from county LUP: P§Yes ❑No ❑Yes tuNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: I ❑Yes No ❑NA ❑Yes )§No ❑NA low FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pe - -or- Closed - G Q , O 1 SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) 10 High Quality Waters (HQW) I ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) T1 (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ IDS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ DU to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving DSF of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 RECEIVED ❑ Major development extension request - El II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 7 acre; 4144 can be applied; DCM needs DWQ agreement - $400 DCM-MHD CITY Applicant:, Date: Jr - ( �7 - �I Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Wo Replace f Maint ❑ ❑ Y N New Work Replace Maint ❑ ❑ Y ❑ N New—W-0—rk= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount 6 Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ YiCI'CI V CU MAY 19 2021 919.733.2293 0: 1.888-4RCOAST :: www.nccoastalmana_gement.net revised: 02:26A8 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder I Number amount ; Number/Comments 5/18/2021 J. Thomas Newton; same j First 4779 $250.00 Major fee, 608 N. Anderson Blvd, 1D rct. MD Citizens Bank Topsail Beach PnCo 12802 �J a < � u m o t m Major Permit Fee Schedule Project Name.Tle4tf ` Check No & Amount: �777 '2 SC) _ DCM % DWQ d/o Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: It Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% (SO) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: 111(A). Private, non -co development if Genera ater Qualdy $250 100% ($250) 0% ($0) Certification No. 4175 lied: III(6) Public or commercial development, if General Water Quality Certification $400 100%($400) 0%(So No. 4175 can be applied. III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life. III(D). If General Water Quality $400 o 60 /o ($240) n 40 /o ($160) Certification No 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. -2ECE1!/EE+ MAY 19 2021 a CIMI—(MHD CITY DCM Coordinator: Gregg Bodnar County: Permit #: 1 I WI O E-MAIL DISTRIBUTION SHEET Circle on :Bio Repo Permit for: �V1 �tct s N Oversize ent: DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Gregg & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet _ `MHC documents (Gregg & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (Ywro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: iz Hair (Pender & Carteret Cc): PN, CL, Reports, Split Sheet _ use both 6REG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet IBR: PN, CL, Reports, Split Sheet_ Div of Water Resources: �01 (BR/NH): PN, CL, Reports, Split Sheet _ Holley Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: �heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: %Aim Harding DCM Planner/WiRO: ',4i�ke Christenbury Cultural Resources: "eenee Gledhill -Earley Environmental. Reviewata)ncdenr.gov Natural Heritage Prog. ✓' Rodney Butler _ DCA-Rural Eco. Dev: "M/�Fic Ziegler_ NC DOT: Da id Harris _ Wildlife Resources: aria Dunn w/Reports State Property Office: vfjrfi Walton: DEED •� Moser _ Nan anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: my Humphrey (Bio) / _ Gupton, Admin. _ DEMLR: /Sharon C istine Hall - Stormwater Section _ 'vDan Sams - Land Quality Section _ Public Water Supply: 'Xeidi Cox City of Wilmington: �Kiiriii FyGi�t i` ' VFieldd Enforcement: ' J Rep: Co. LPO Co. RECEIVED Agent: MAY 19 2021 DISTRIBUTED: I r I i)CM-MHD CITY Updated S/fi/21 CAMA/Shaun majors docs/e'Agency List