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HomeMy WebLinkAbout81-21 Nicks, Brant RPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Verint"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Brant R. Nicks. 108 Coquina Dr.. Wilmington. NC 28411 Permit Number 81-21 Authorizing development in New Hanover County at adi to Pages Creek. at 221 Denise Dr.. in Wilmington as requested in the permittee's application dated 2/14/21 (MP-1) and 3/15/21 (MP-4), including attached workplan drawings (4), Survey dated 5/17 and 1-3 of 3 all dated 2/10/21. This permit, issued on June 28, 2021 1 , 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 Expansion i 1) This permit authorizes only the additiorial boatlifts, floating platforms, finger piers, gazebo, 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage dischargel 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. (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. I This permit must be accessible ocDepartment for o 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee +; s Brant R. Nicks Permit No. 81-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes two (2) additional formalized boat slip for a maximum of four (4) formalized boat slips. 4) 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 a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) 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. 6) 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. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 8) The authorized gazebo shall not be enclos ed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the gazebo shall not be designed for second story use. USACE Conditions 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httns://www.fws.gov/raleigh/ndfs/ManateeGuidelines20l7.ydf. General 11) 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. 12) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of.this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 14) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: The permittee is advised that the easement associated with Denise Drive may convey riparian rights to the easement holders. Any disagreements about the scope of the easement should be handled in the appropriate civil court between the parties to the easement. Brant R. Nicks Permit No. 81-21 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-00564). 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. 2021-0612. NOTE: Future. development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The pennittee 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. DCMCoordinator:(��lyt`l�` Permit#: MAILING DISTRIBUTION SHEET � v ✓ Agents: 5Clrr taco// ec— rr cpy-t �� b. a rc,k�, aomeq. /' Coail DCM Field Offices Elizabeth City Washington ✓ (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: T Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome� DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brdnswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: PW Gledhill -Earley at Environmental. Review@ncdcr.gov '-� Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: State Property: DEMLR/DWR: Washington: Wilmington: Wildlife Resources: Shannon Jenkins / Sharon Guptor'-- Tim Walton / Mike Moser '_� Sheri Montalvo / Shelton Sullivan Chris Pullinger — 401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford,, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater —� Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) I Natural Heritage Program Rodney Butie� LPO: /„d (NCDOT) Travis Wilson QCM MP-1 APPLICATION for Major Development Permit (last revised 12,12706) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name , If additional applicants, please attach an additional page(s) with names listed. " Mailing Address Po Box City Stale tj ZIP " Country Prone No. eXl. FAX No. Street Address (if different from above) City State ZIP Email 2. Agent/ContractorInformation Business Name Agent/ Contractor 1: First Name MI Last Name ' T Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City Slate 7--6 / ct) ZIP Phone No. 1 Phoneho. 2 ry� 3)ext. ext. FAX No. Contractor # 1 � Street Address (if different Imm above) city State ZIP Email <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPUCATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # 1 Subdivision Name city State Zip Phone No. Lot No.(s) (if many, attach additional page with list) - - ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. . Natural ❑Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed []Yes TfNo work falls within. 4. Site Description a (0041 a. Total length of shoreline on the tract (ft.) 11111" F alati(� b. Size of entire tract (sq.ft.) Fet c. Size of individuallllol(s) ��% O : � 0a m- w�i�? d. Approximate elevation of tract above NHW (normal high water) or NW L (normal water level) (if many lot sizes, please attach additional page with a list) _ ) ;RNHW or ❑NWL e. vegetation on tract r 1�7 I "Tf- � � i� ..l. iJ S L Man-made features and uses now on tract g. Identify and describe the existing land uses adjacent to the proposed project site. h. How does local government zone the tract? I. is the proposed project consistent with the applicable zoning? Attach zoning compliance certificate, if applicable). ' r Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ,ONo j::�NA If yes. by whom? I. Is the proposed project located in a National Registered Historic District or does It involve a ❑Yes CTNo ; National Register listed or eligible property? Ecl.is IMccu v *kL Ve'yMSskw �� ert�4ar Lvwu�sr'- <Form continues on next page> w E Ike Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes 00 (ii) Are there coastal wetlands on the site? PYes []No (III) If yes to either (f) or (if) above, has a delineation been conducted? ❑Yes [JNo (Attach documentation, if available) ' n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. r existing storm water management or treatment systems. FDescdbe. " 5. Activities and Impacts ' a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily ope alions of the project when complete. UCO- to �. C^>'a•( =� ( �G4csr ne. c.. Describe the proposed construction methodology, types of construction equipment to be used during construction, the.number of each type. of equipment and where it is to be stored. �N.: -'r�[ry \ � '�`r-:-[ •'✓`r '!'_i "�.� <. � a c�Q./�' /� j //• 1 �y/, l ; `� ��`4" G.`i�.i — ,C.X+/ r` (N \j V U �JGI� �1r� �—l`Cu,t•_r-'.: j I, �• ram. f V d. List *all development activities you ropose. tpa r ( ( 4-r r-,"rfl✓S ' '� Ci � 1�'�-' �J f ,— A", ij e. Are the proposed activities maintenance of an existing project, new work, or both? r^,fit •! f. What is the approximate total disturbed land area resulting from the proposed project? ✓'F �� Sq.FI or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes No❑NA that the public has established use of?' h. Describe location and type of existing and proposed discharges to waters of the state. i✓ r t ,�• fir: '-- I. Will wastewater or stormwater be discharged into a wetland? ❑Yes *f 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. <Form continues on back> Form DCM MP•d (Page 4 of 4) APPLICATION for Major Development Permit 6t Additional Information in atfddion b rids mmplered application fork (MP-1) the following Raw beloa; Ua pacago to be complete. (1 (0 yla applicable to sal ammatale'mation.aPleaMdedialhrfafhellan, tfmr mplafe. hems a — era able a ymejarderelOpmenfapplicaddn. Please carnal the appficalion LWatiYfa r booklet ad how to property prapara fire requeednama below. a. A Project sanative. b. M acama, dated Work plat (including plan view and cross -Sec do l drawirw) dravm to mare. Please give are present status ddte proposed pmlmL is any pail already complete? If previously outhodu dWe &. deed intricate on ma between WO & completed and pmposed. Y pa, plats. drawings b distinguish e A sale or location map that is sufficiently delmled to guide agency persomal unfamitiar with the area to the site. it. A copy bf the deed (win state application city) a other Instrument undervAuch the apperant claims ride to the affected propmaes. e. The approplale application fee. Cherie a money order made payable to DENR. L A Est of the names and complete addresses of the ad)acent waterfront (riparian) landomers and signed return receipts as proof drat such Owners have received a copy of the application and plats by unified mail. Such landowners must be advised oral they have 30 days In which 10 submit comments an me proposed pmlmailto the Division of COO l Managemeal. Name A /`PA Phana No. All 2" It / Address Phone No. Name 5sys1 Rr4al-lil Addroas /Llrx..r,L PM46 i- O Phone No. `I.K,oa . N c 2-n/I g. A fist of previous state or federal permits issued for an the prgect tract. Include pemnil rtumbera, pemdttee, acid Issuing dates. h. Signed consultant or agent aumon taaon form, if applicable i. Wetland daeneaeon, it necessary. f. A signed AEC hazard name la projects in ocemfroml and inlet areas. fatuarbe synod by property otmed &. A statemem 01 compliance vain the N.C. Environmental of public funds or use of public lands. attach a statement Policy Act (N.C.G.S. 1191-10). if necessary It the project involves expenditure dacumendng compliance wire the North Carolina Envbonme sal Posey Act. I understand that any permit issued in response The project win be subject to the conditions and I certify that I am aulhor ied to grant, and do in I enter on the aforementioned lands in connectit monitoring of the pmjacL 1 further certify that the information provided in II Date U b . I Ll l 2. ) Poi Please indicate application attachments perti 13DCM MP-2 Excavation and Fill Information j]DCM MP-3 Upland Development ODCM MP-4 Structures Information ells application will allow only the development described in the application. sblctions contained in the permit. 1 grant permission to representatives of slate and federal review agencies to vnth evaluating information related to this permit application and fotlo0wp i application is truthful to the hest of my knowledge. Name ., i r1.ue l� N.c %S Here to your proposed Pacifica- ODCM h1P-5 Bridges and Culverts DCI• I; 'vv Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/madna: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Government ,[Private/Community, ❑Yes ONO c. (i) Docks) andfor piers) E�7y.'5r!-- d. (i) Are Finger Piers included? []Yes ❑No (ii) Number a If yes: (iii) Length (ii) Number N (iv) Width r� (iii) Length `•.ffL'- (v) Floating []Yes ONO (iv) Width � ' (v) Floating joYes ❑No e. (i) Are Platforms included? ElYes ONO I. (i) Are Boatlifls included? ZYes []No If yes: �zit't If yes: (ii) Number -r— (a) Number 2- (iii) Length' =I� (iii) Length1-41 (iv) Width c,+ U (iv) Width (v) Floating ❑Yes [rx�No Note: Roofed areas are calculated from dripfine'dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service �N;. ❑ Dockage, fuel, and marine supplies Dockage ("wet slips') only, number of slips: . ;J_Dry storage: number of boats: 2-- ❑ Boat ramp(s): number of boat ramps: ❑ Other, please describe: i. Check the proposed type or siting: ❑ Land cut and access channel []Open water; dredging far basin and/or channel Open water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? ❑Yes ONO (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (i) Will the fa ilit be open to the general public? ❑Yes ffNo 1 td s 711r - - f t77if1 U`:w l>: ..., -fie (J:. Wit. bi. 25, tom. _ • 2 of 41 2. DOCKING FACILITY/MARINA OPERATIONS This section not appficaWe 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. Describ M. k. How will overboard discharge of sewage from boats be controlled? (i) Give the location and number of -No Sewage Discharge- signs proposed. (ii). Give the location and number of'Pumpoul Available" ligns proposed., ... ..... .. ... Describe the special design, if applicable, for containing i dustriai type pollutants, such as paint, sandblasting waste and petroleum products. ' Where will residue from vessel maintenance be disposed of? Give the number of channel markers and 'No Wake" sigrll Give the location of fuel -handling facilities, and describe s proposed. the safety measures planned to protect area water quality. What will be the marina policy on overnight and live-abo rd dockage? Describe design measures that promote boat basin Ilusfjing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RE G E 1"Vc';i=; m. Is the marinaldocking facility proposed within a primary orlsecondary nursery area? ❑Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB. OWL ❑None p. Is the proposed madnaldocking 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) Xhis section not applicable a. (i) Is the boathouse suucture(s): ❑Commercial ❑Public/Ggvemment ❑Private/Community (if) Number (iii) Length (iv) Width Note. Roofed areas are calculated from dripfine dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, rise MP-2, Excavation and Fill.) Phis section not applicable _... a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.)This section not applicable I a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW; NWL, or wetlands 6. MOORING PILINGS and BUOYS Xhis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity, c. Distance to he placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Or --I ri-.— — (S:N C:lr^5. F33,' ! ,.r 7. GENERAL a. Proamity of structure(s) to adjacent dpadan property Fines Note: For buoy or mooning piling. use archf swing induding fenglb of vessel. C. Width of water body ro t 4, -T-S e. (] Will navigational aids be required ad a result ofthe project? (]Yes ANo ❑NA (R) If yes, eicplain what type and how they vd0 be Implemented. b. Prmdmlly.ot sbuctuund(s) to adjacent docking facirdlos. d. Water depth atwaterward,end of structure at NLW or NWL -V� [ f of g l an. 'i-tA- Jet -,6 8. OTHER ❑This section not appticabte a. Give complete description p•-oj Date 13rEvlT Nt z-ks Project Name y/�' Applicant Applicant Signature RECE9VE® DCM WILMINGTON, NC IJAR 16 2021 oil ,Rk F Zd. to 2l 11; 0 fos �l�c� nG. ,Tr�C 'I- Gaze6 2-lb-Z� W" DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMTITAL AND PROCESSING RECORD APPLICANT: Brant Nicks COUNTY: New Hanover PROJECT NAME: Nicks Floating Dock and Gazebo LOCATION OF PROJECT: 221 Denis Drive, adjacent to Pages Greek, Wiltnington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-24-21 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Elks DISTRICT MANAGER REVIEW: To Be Forwarded: N/A B) DATE RECEIVED BY MAJOR PERMITS UNIT. L -V APPLICATION ASSIGNED TO: w'eyehert PUBLIC NOTICE REC'D: 3-6-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 5-10-21 HOLDS: MAIL OUT DATE: 34-21 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: V4 LNU NGTON FEE REC'D: 5250il12092 END OF NOTICE DATE: 3-27-21 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 3-27-21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM — LUP Consistency Determination s lq Local Permit Officer Y Corps of Engineers — Regulatory Branch DWR-401 Section DWR — Public water supply I-t�SZ DEMLR — Stormwater DEMLR — Sed and Erosion . �3 DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section - 2t{,24 DMF — Habitat & Enhancement DNCR — Archives & History DNCR—Natural Heritage Program NCDOT NC Dept of Commerce RECOMMENDATIONS FOR 221 Denise Drive Brant Nicks 312l2021 Shoreline length = 234' x 8' =1,872 ft2 (maximum allowable) Existing pier = 6' x 58' = 348 ft2 (credit) Existing fixed platform =14' x 14' =196 ft2 = 84 ft2 (6' x 14' credit) =112 ft2 Proposed gazebo =24' x 14' = 336 1112 Proposed floating dock = 8' x 34' = 272 112 Proposed floating finger piers = (2) 4' x 26' = 208 ft2 Proposed Boatlifts = (2) 13' x 12' = 312 ft2 (not counted) TOTAL = 928 ft2 The proposed construction will result in 888 ft2 in additional incorporated waters but will not count towards additional platform space. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight - square foot rule and the pier 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. d ROY COOPER y wH Governor MICHAEL S. REGAN Secretary aww'^ BRAXTON DAVIS NORTH CAROLINA Director, Division ojCoastal Environmental nualiry Managemen/ March 17, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.weychert(a) N CDEN R. g ov SUBJECT: CAMA Applicant: Brant Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2) boatlifls for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and IVI4rch return this form to Curt Weychert at the address above by a27,,2Of, If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has No objection to the project as proposed. "*Additional comments may be attached" 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. PRII.NT:NAME Shannon Jenkins AGEN`_-CY NCDMF/Shellfish Sanitation RECEIVED SIGNATURE Q �i�ri¢ur cS%i�¢eL for Shannon Jenkins MAR 2 4 2021 DA_T, 3/24/21 MP SECTION DCM - MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et, Wilmington, NC 28405 919 796 7215 13 NORTH CAROLINA Environmental Quality March 17, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertn.NCDEN R.aov CAMA I Brant Nicks 221 Denise Drive, I adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2) boatlifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the iaddress above by March_2T 2021]? If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has rio 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 objecIis to the project for reasons described in the attached comments. P0[INTNAMEKimberlee Harding AGENCY NCDMF RECEIVED SIGNATURE /�iVrt�=2 Yr MAR 2 81011 DATE 03/26/2021 MP SECTION ' DCM - MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Ddvc Ext., Wilmington, NC 29405 919 796 7215 l w March 17, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER c„rr r,W MICHAEL S. REGAN 14wela • BRAXTON DAVIS I)Ih't9OY. /hricrwr nl'[}+min7 .410nuMmrrnl Curt Weyehert, Assistant Major Permits Coordinator NCDEQ -Division of CoastalManagement 400'Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-00) curt.wevchertON6DEN R.aov LAMA i Brant Nicks 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2)' boatliffs for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by March.27,1021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, In-depth comments with supporting data is requested. REPLY: � This agency has no objection to the project as proposed. "Additional comments may be attached'" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ORINT NAME AA 2 RECEIVED SIGNATURE` 1'�1l ' ' (, C t MAR 2 612021 MP SECTION DATE 3( i6 / 2( DCM - MHD CITY State of North Carolina ; Enviranmenml Quality I Coastal Managoment 127 Cardinal Drive Ext., Wilmington, NC 29405 9197967215 0 Received:3/30/2021 Historic Preservation Office NORTH CAROLIN,, 'anyr'onnwwol; OImhlfi' March 17. 2021 Due: 4/8/2021 ER 21-0794 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cD NCDENR.gov SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN Secrerary BRAXTON DAVIS Direcair, Divislon,fCoova! Mmiagemem NC - SBA 4/j/2021 Applicant: Brant Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo; expand and reconfigure the floating docking and add two (2) boatlifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by March 27, 2021: If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT`NAMI AGENCY SIGNATURE DATE 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 approl es of the project only if the recommended changes are incorporated. See attached. This agency objec s to the project for reasons described in the attached comments. Renee Gledhill -Earl Y Historic Preservation Office RECEIVED 4/6/2021 Slate of North Carolina I Envimumental Quality [ Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 APR 06.101j MP'SECTION DCM - MHD CITY ROY COOPER c 'larnor 4. w✓' NORTH 'AROUNA Ftx,':rG�4Ei;rrt�:ri E?ly.7tly I u L�■ March 17, 2021 MEMORANDUM: DIONNE DELLI-GATTI sevrelmy BRAXTON DAVIS Dlnnnr, D)VAt nfGiogatM1lan<igemuu! FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce -Avenue, Morehead City, NC 28557 Fax: 262-247-3330 (Courier11-12.09) curt.wevchertANCDEN R.cov SUBJECT: CAMA Applicant: Brant Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2) boatlifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and It- ietum this form to Curt Wevchert at the 'address above by �� If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate; in-depth comments with supporting data is requested. REPLY: This agency has r10 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. _TIN Wanda Hilliard AGE Y j� State Property Office j17GNATUR RECEIVED ATE March 23, 2021 MAR 2 53 2021 MP SECTION Slate ofNonh Carolina I Environmental Quality l Coastal Manattemenl DCM - MHD CITY 127 Cardinal Drive Ezt., Wilmington, NC 28405 9197967215 ROY COOPER Gcn.or MICHAEL S. REGAN secmmry BRAXTON DAMS NOR D I CAROLINA Director, Dwhn,n ojCaastal 'mwr nmemcd Qenii'j' Management March 17, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a—DNCDEN R.00v SUBJECT: CAMA Applicant: Brant Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County Proposed Project: Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2) boattifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by March 27, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has nb objection to the project as proposed. "Additional comments may be attached" This agency has n'o 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 RECEIVED DATE 3-19-21 MAR 19 2021 MP SECTION State of North Carolina I Environmental Quality l Coastal Management DCM - MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 a March 17, 2021 MEMORANDUM. f•V.03.i-4.oI . FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curtweyehertaNCDENR.nov SUBJECT: CAMA ROY COOPER Gm enlnl' MICHAEL S. REGAN S..lan BRAXTON DAVIS r,1111h]I', 1111'][)••11 /i1� l4 /.1lJI •i ialllilti=lll�lll Applicant: Brant Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo, expand and,reconfigure the floating docking and add two (2) boatlifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by March 27, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached'" This agency has no comment on the proposed project. This agency approves of the project only K the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M c-"C_ i� n AGENCY l4cr1RC- SIGNATURE RECEIVED DATE 3-11-W2_1 MAR 19.1011 MP SECTION Stat of North Carolina I rmiro==tal Qw1itylCaaata1hbWs =t DCM - MHD CITY 127 Caad'mel aiv Rxt.. Wihok&t NC 2805 9197967215 Weychert, Curtis R From: Sams, Dan Sent: Tuesday, March 23, 2021 3:35 PM To: Weychert, Curtis R Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton I will only have comment if they are over an acre in size dan From: Weychert, Curtis R Sent: Tuesday, March 23, 2021 3:33 PM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Da n, Sorry you didn't receive that one. Would you like me to send any other projects that you didn't receive from that list? Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 CurtWevchert(o)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 From: Sams, Dan <dan.sams@ncdenr.eov> Sent: Tuesday, March 23, 2021 3:13 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Curtis: I do not appear to have all of these, but everyone that I have an e-mail for except NCDMF is under one acre of land disturbance so neither erosion & sediment control or stormwater permit requirements would be triggered. The NCDMF project takes place in the Atlantic Ocean is not with NC jurisdiction insofar as land is concerned. Again, sorry that I am not getting to these. dan.sams Daniel Sams, PE Wilmington Regional Engineer North Carolina Department of Environmental Quality Division of Energy, Mineral and Land Resources 910 796 7215 office 910 796 7326 direct clan.samsOncdenr.aov D_EQ� 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Tuesday, March 23, 2021 2:21 PM To: Sams, Dan <dan.sams@ncdenr.aov> Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Hey Dan, I was wondering if DEMLR had any comments on the projects listed below (sorry if there are duplicates — I tried to pick up where you left off on your last email) Kaznowski, Thomas Christenbery, Robert & Karen -Anne Pices Venture, LLC Stitt, Richard and Beth Raber Investments, LLC Webb, Stephen and Paula Herring, Tommy Phillips, Lester Linville, Aubrey & Holli Leger, John River Island HOA NCDMF AR-340 Bonanza Group LLC Brant, Nicks Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. WevchertCcilncdenr.aov ROY COOPER Govemor MICHAEL S. REGAN S'enerap, BRAXTON DAVIS Dhwana , Division of Coastal atanagemem March 17. 2021 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c u rt. wevc h e rt(a) N C D E N R. q ov SUBJECT: CAMA Applicant: Brant Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2) boattifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by March 27, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. "Additignal cc men? av be attached" see aRachecl lil: eater This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Holley Snider AGENCY 'NC Div. of Water Resources-401 Buffer Permitting Branch SIGNATURE tWery �91ia(er DATE 04/23/2021 State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9/97967215 RECEIVED APR 2 8 2021 MP SECTION DCM • MHD CITY DocuSign Envelope ID: AB6D016C-5EFF-46AF-803D-E444328424FB ROY COOPER It ' •ctovernor - DIONNE DELLI-GATTI Secretory S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality April 23, 2021 Brant R. Nicks 108 Coquina Drive Wilmington, NC 28411 RECEIVED APR 28821 MP SECTION DCM - MHD CITY DWR # 2021-0612 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 221 Denise Drive — Pages Creek Dear Mr. Nicks: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) March 17, 2021. The application proposes to expand an existing docking facility by constructing a covered gazebo, the installation of floating docks and boatlifts to provide dockage for four (4) vessels. The proposed project is located within Pages Creek which are class SA;HQW waters by the DWR. This certification is associated with the use of the General Permit(s) 198000291 or 197800056 once issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream N/A N/A 404/401 Wetlands N/A N/A Open Waters N/A N/A _DEQZ. North Carolina Department of Environmental Quality I Division of Water Resources ee- Wilmington Regional office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 mrdeweemueam.�� 910.796.7215 DocuSign Envelope ID: AB60016C-5EFF46AF-803D-E444328424FB Nicks-221 Denise Drive DWR# 20210612 Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality RECEIVED APR 2 S 1011 MP SECTION DCM - MHD CITY DocuSign Envelope ID: AB6D016C-5EFF-46AF-803D-E444328424FB Nicks-221 Denise Drive D W R# 20210612 Page 3 of 3 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215, Holley.Snider@ncdenr.aov you have any questions or concerns. Sincerely, DocuSigned by: V 6n& saw�U —Um EMBA14AUD0434... Morelia Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC RECEIVED Greg Currey, USACE Wilmington Regulatory Field Office, EC Stephen Conway, Consultant, EC APR 2 S 2021 DWR 401 & Buffer Permitting Branch file-LF WiRO MP SECTION DCM - MHD CITY MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Brant Nicks, New Hanover County Date: May 21, 2021 Consistency Determination: This:project is consistent with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to construct a new gazebo, expand and reconfigure the floating dock, and add 2 boatlifts for a total of 4 boat slips. The project is located at 221 Denise Drive, off of Middle Sound Loop Road in New Hanover County. 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 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Developed while the AECs impacted by the work are classified as Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the New Hanover County Comprehensive Land Use Plan. Cc: File RECEIVED MAY 2 d 2021 IMP SECTION MID ROY COOPER j;rt�.rr ••; MICHAEL S. REGAN .1i•n'rmny BRAXTON DAVIS ' 1)irrrrnr' Diririnn n7 ('rnen! dlnnny,vn, rn March 3, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 26557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertoN CD E NR. goy SUBJECT: CAMA Applicant: Brant Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2) boatliffs for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchertat the address above by March 27, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME L��4 L AGENCY tJt a) lAopdder SIGNATURE DATE f 2vZ( RECEIVED MAY 2 6 2021 Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 June 22, 2021 Regulatory Division Action ID No. SAW 2021-00564 Mr. Jonathan Howell North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application by Brant Nicks to construct a new gazebo, expand and reconfigure the floating dock, and add 2 boatlifts for a total of 4 boat slips. No work is proposed for the existing access pier and 14' by 14' fixed platform. The proposed new 24' by 14' gazebo will be constructed on the east side of the existing 14' by 14' uncovered fixed platform. The existing floating dock will be removed and replaced with an 8' by 34' floating dock perpendicular to the access pier with two 4' by 26' finger piers attached to each end in an alignment perpendicular to the proposed 8' by 34' floating dock, making a L-shape. Two boatlifts, approximately 13' by 12', will be installed in between the 4' by 26' finger piers. The new finger piers will not extend past the location of the existing mooring pilings. Mooring pilings will be removed with the proposed floating dock expansion (see Sheet 1 of 2). The new gazebo, floating dock, and boatlifts will result in the cover and shading of approximately 1,672 square feet of estuarine Waters of the US. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and drawings dated February 10, 2021, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prioREMOVED implementation. JUN 2 2 2021 MP SECTION MI'XJD 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 3. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 6. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found athttp://www.fws.gov/nc- es/mammal/manatee ¢uidelines.ndf. 9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, re water e 1{' water or wetland to its pre -project condition. JUN 2 2 2021 IVP SECTION PAHD I O.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, telephone (910) 523-1151. Sincerely, Digitally signed by CURREY.GREGORY.E CURREY.GREGORY.EUGENE.1051 UGENE.1051011950 011950 Date: 2021.06.22122850 -04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Project Drawings Copy Furnished by email with attachment: Mr. Paul Wcjoski Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tara MacPherson Mr. Gregg Bodnar North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde Ms. Twyla Cheatwood National Marine Fisheries Service RECEIVED JUN 2 2 2021 MP SECTION MHD Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Ms. Holley Snider Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NZCEIVEBB J U N 2 2 2021 WIP SECTION MHD ROY COOPER AMAGnvenmr MICHAEL S. REGAN Secretary BRAXTON DAVIS Dlmmr, U,v,a'irm,f('nagal Management March 17, 2021 MEMORANDUM: FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertoNCDEN R. goy SUBJECT CAMA Applicant: Brent Nicks Project Location: 221 Denise Drive, adjacent to Pages Creek, in Wilmington New Hanover County. Proposed Project: Proposal to construct a new gazebo, expand and reconfigure the floating docking and add two (2) boatlifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by March 27, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT AGENCY SIGNATURE DATE State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave Em., Wilmington, NC 29405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Brant Nicks, Go Stephen Conway 2. LOCATION OF PROJECT SITE: 221 Denise Drive, New Hanover County. Latitude: 340 16'16.69" N, Longitude: 770 46' 24.30" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/24/2021 Was Applicant Present— Yes 5. PROCESSING PROCEDURE: AeKjg8 &fi, %$d — 2/16/2021 (initial) 3/16/2021 (complete) 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PT Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — N/A Planned — NA (F) Type of Structures: Existing — Block revetment, fixed pier and platform, floating dock, mooring pilings, and 3-slip docking facility. Planned — New fixed gazebo, floating dock configuration, and boatlifts for a 4-slip docking facility. (G) Estimated Annual Rate of Erosion: N/A Source -.N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED_ FILLED OTHER (A) Vegetated Wetlands (shading impact) (B) Non -Vegetated Wetlands (Open water) 1,672 ftz (C) Other —High Ground (D) Total Area Disturbed: 1,672 ftz (E) Primary Nursery Area: Yes (F) Water Classification: SA-HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a new gazebo, expand and reconfigure the floating dock, and add 2 boatlifts for a total of 4 boat slips. 221 Denise Drive, Brant Nicks Page Two 9. PROJECT DESCRIPTION The project site is located at 221 Denise Drive, on Pages Creek, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel north on Market Street (NC Highway17), turn right onto Middle Sound Loop Road at the traffic circle stay straight on Middle Sound Loop Road and then travel approximately 1,9 miles, take a left onto Masons Landing Road and travel another 0.4 miles following Masons Landing Road to the left and then turn right onto Denise Drive. The property of interest will be located at the end of the road on the left. According to the applicant the Nicks 0.9acre parcel located at 221 Denise Drive and includes a single-family residence with a maximum elevation of 15' above normal high water (NHW). The parcel is currently stabilized by an old wall approximately 260' in length, constructed of broken concrete rubble that approximates normal high water (NHW). The wall and associated docking facility appear to pre -date the 1978 aerial imagery. The highground vegetation consists primarily of pine trees and live oaks as well as some ornamental landscaping and lawn grasses. Waterward of the existing rubble wall are Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina a@ernaflora) that range in width from 30-60' wide then transition to oyster beds and mud flats into open water. The existing docking facility includes a 58' by 6' access pier originating from a small man-made peninsula formed by the rubble wall. The access pier terminates in a 14' by 14' L-head platform. A ramp extends from the fixed L-head platform to an 8' by 24' floating dock with a 4' by 12' floating finger pier attached on the eastern side of the floating dock in a perpendicular configuration. Additionally, there are approximately three mooring pilings waterward of the docking facility (see Sheet 1 of 3). During the site visit conducted on 2/24/2021 sporadic oysters were noted under the existing floating dock. A docking facility at this property can be identified in the 1978 aerial imagery of Pages Creek. General permit 64788-D issued on 8/24/2015 authorized the replacement of the existing docking facility, No further permit history was found. The New Hanover County Land Use Plan classifies the area in the vicinity of the project area as Conservation. The waters in the project area are classified as SA•HQW by the N.C. Division of Water Resources. They are designated as Secondary Nursery Area but are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are closed to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a new gazebo, expand and reconfigure the floating dock, and add 2 boatlifts for a total of 4 boat slips. No work is proposed for the existing access pier and 14' by 14' fixed platform. The proposed new 24' by 14' gazebo would be constructed on the east side of the existing 14' by 14' uncovered fixed platform. The existing floating dock will be removed and replaced with an 8' by 34' floating dock perpendicular to the access pier with two 4' by 26' finger piers attached to each end in an alignment perpendicular to the proposed 8' by 34' floating dock, making a U-shape. Water depths on the landward side of the proposed 8' by 34' floating dock range from 18" to 24". Two boatlifts, approximately 13' by 12' would be installed. in between the 4' by 26' finger piers. The new finger piers would not extend past the location of the existing mooring pilings. Mooring pilings would be removed with the proposed floating dock expansion (see Sheet 1 of 2). Water depths verified by NC DCM personnel on 2/24/2021 are slightly shallower than depths on the application drawing, however, no water depths shallower than 18" were measured in the vicinity of the proposed floating dock. 10. ANTICIPATED IMPACTS As proposed, the new gazebo, floating dock, and boatlifts would result in the incorporation of approximately 1,672 ft2 of Public Trust Area and Estuarine Waters, of which, 888 ft2 would be additional incorporation from the proposed expansion. The project area consists of open water, and there would be no impact to vegetated wetlands or to the highground area. No encroachment of the15 riparian set back would be required for either neighboring riparian property owner. There appear to be active oyster beds but no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: March 16, 2021 Office: Wilmington Southeastern Coastal Construction Company, Inc. Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured 910.538.9737 6252 Towles Rd, Wilmington, NC 28409 Date: February 14, 2021 Narrative Project Address: Brant Nicks 221 Denise Dr. My client, Brant Nicks, at 221 Denise Drive would like to add onto his existing docking facility. At the sitting area he would like to add a 24 ft X 14 ft. section and build a roof over the new section. All of this addition is over open water even at low tide. There is not marsh grass near the proposed area. Mr. Nicks would like to reposition his current floater clockwise to the South and add to his floating dock. He would like to add 10 ft. X 8 & to the main part of his floater and then have (2) 26 ft. X 4 ft. forger docks off each end of this main part along with removing current tie off piles. In between the 2 finger docks he would like to install 2 boat lifts. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you for your consideration of this project. Stephen B. Conway, Owner (License # 63078) Southeastern Coastal Construction Company, Inc. 910.538.9737/sconway@ec.rr.com R C The applicant for this CAMA Major Permit, Major Modification, or Minor Modification: Meets the "no written concurrence" as per GC 4175, or there is no fee split, and does not have to meet the two new requirements. Requires a "written concurrence," as indicated by below (Check Applicable standard): A prior scoping meeting with DWR staff regarding this project was held on: V�"GViV�s C�115( �, t fr I a-1 Field Rep Date: DWR GC 4175 Proposed activities meeting any one (1) of the following thresholds or circumstances DO require written approval for a 401 Water Quality Certification from the Division of Water Resources (DWR) and must comply with the pre -filing meeting provisions for early coordination in the water quality certification process: Note: Activities authorized by CAMA General Permits .1100 through .2600 are exempt from this requirement. 1. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of more than 500 square feet total of wetland and open water area, or the excavation or filling of coastal wetlands (per 07H .0205) of more than 1b0 square feet; 2. Shoreline protection measures (excluding living shorelines/marsh sills) that (1) do not tie into existing bulkheads, land br other shoreline protection measures, or (2) extends waterward of the normal high water or normal water line more than 10 feet, or the activity will involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries) and impacts more than 500 square feet total of wetland, or the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) that exceeds 100 square feet; 3. Living shorelines/marsh sills where (1) the landward edge of the sill extends waterward of the normal high water or normal waterline more than 30 feet or more than five feet waterward of the existing wetlands whichever distance is greater, (2) the activity will involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as identified by the Division of Marine Fisheries), and (3) does result in any fill landward of the toe of the sill alignment; ®Piers and docks designed to accommodate exceeding 10 vessels (except where prohibited in ORW Waters as defined in 15A NCAC 02B.0225(7) & (8)) and where the water depth is less than two feet of water at normal low water level or normal water level (whichever is applicable); 5. Maintenance dredging of more than 0.5 acres (21,780sf) of open water or non -vegetated wetlands of undocumented or previously dredged areas, or SAV or shellfish beds are excavated or filled; 6. Projects that involve only shading of waters or wetlands that meet the criteria listed in item 4. above. 7. Wastewater lines and potable water discharge lines which are subject to an NPDES Permit, where all impacts are not temporary. 8. Upland development which involves more than 1/10 of an acre (4,356sf) of excavation or filling of non - coastal wetlands, or more than 2,000 square feet of the non -coastal excavation or filling within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project shall be considered, which may include boat ramps, bulkheads or other shoreline stabilization measures. 9. Single family home construction that results in fill of 404 wetlands and written concurrence is required from DWR for the applicable Corps of Engineers Nationwide Permit. 10. Commercial shellfish aquaculture activities that qualify for Nationwide Permit 48, provided the Division of Marine Fisheries (DMF) Lease Program submits the proposed site map and investigation report to DWR for comment prior to the DMF Directors recommendation on the application for public notice or denial; or 11. Any stream relocation or stream restoration; or 12. Any high -density project, as defined in 15A NCAC 02H .1003(2)(a) and by the density thresholds specified in 15A NCAC 02H .1017, which: Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and • Proposes permanent wetland, stream, or open water impacts; and Proposes new built -upon area; and • Does not have a stormwater management plan reviewed and approved under a state stormwater program' or a state -approved local government stormwater programz. 13. Projects that have vested rights, exemptions, or grandfathering from state or locally- implemented stormwater programs and projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs require written approval; or 14. Any impacts to SAV or significant shellfish resources as identified by the (DMF); or 15. Any impacts Unique Wetlands (UWL); or 16. Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Welland Rules (15A NCAC 02H. 1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200); or 17. Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico RiverBasins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: • The activities are listed as "EXEMPT" (does not exceed threshold criteria in items no. 1 -9 above) from these rules; or • A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCMI; or • A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23, 1 e.g. Coastal Counties HQW, ORW, or state implemented Phase II NPDES Z e.g. Delegated Phase 11 NPDES, Water Supply Watershed, Nutrlent-Sensitive Waters, or Universal Stormwater Management Program ROY COOPER NORTH CAROUNA Gamnor tbvtronmentar Qaarfty NUCHAEL S. REGAN soawwy March 16, 2021 BRAXTON C. DAVIS Dfrecmr Stephen Conway Southeastern Coastal Construction 6252 Towles Rd. Wilmington, NC 28409 Dear Mr. Conway: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Brant Nicks, for State approval for.development of the subject property located at 221 Denise Drive, adjacent to Pages Creek, in New Hanover County. It was received as complete on February 24, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 10, 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 February 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, +/- CAi&- ' Katharine Elks Field Representative cc: Curt Weychert, DCM USACE Christine Bouffard, LPO Robb Mairs, DWR Brant Nicks, Applicant North Carolina Deparmrcnt of Environmental Quality I Division of CoastalManagement Wilmington Office 127 Cardinal Drive Extemlun 1 Wilmington, North Caroline28405 AMA PERMIT APPLIED FOR PROJECT: licant proposed to d and �v...VY rN a) NMjMvv..r rV ■ MvJVV V■ VV.'%' or W RENN son .M %%Rxx New Hanover County. V COMMENTS ACCEPTED THROUGH March 27, 2021 APPLICANT: Brant Mcks 108 Coquina Drive Wilmington, Agent: Southeastern Marine Construction Stephen Conway (910) 538-9737 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Div. of CoastalManagement 127 Ca-rdinalr. Ext. i ming on, Nu 28405 Ka-thaFrine Elks 0 NORTH CAROLINP March 3, 2021 Advertising®stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 29402 Re: Major Public Notice for. • Brant Nicks / New Hanover County Hello Angie: Please publish the attached Notice in the Saturday, March 6, 2021 issue. ROY COOPER (7mrrnor MICHAEL S. REGAN 4cremn• BRAXTON DAVIS DovItun Dieision ofCw,1nl,Nmagrmenr The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. �cercly' T ya . Pietila Perml g Support & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE Stare of North Carolina I Environmental Quality I Coastal Manapment 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On March 2, 2021 Brant Nicks proposed to expand and reconfigure an existing private docking facility from two (2) to four (4) slips with gazebo at 221 Denise Dr., adjacent to Pages Creek, Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to March 27, 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 CAIYIA PERWE APPLICATION Name of Property Owner Requesting Permit -RL&4� f lC g Mailing Address: _lass W, vv�c� 11)• C r Phone Number: 910 - a'111- y0 68r Email Address: $. Akick'.S 1 certify that I have authorized to act on my behalf. for the purpose of applying for and obtaining all CAMA permits necessary forfhefollowing Proposed development Cot&&XAG,. dfi at mY Property located at 2 2 1 [- eylaQ- in New L�,�County. 1 funYrennwe candy that 1 am auNrorized to g►arrt, and do in fact grant pamrission to Division of Coasts/ Management sW, the Local Permit 0ft1 and theiragenfs to enter on the afammenlioned lands in connection wfth evaluating information related to this Penr4apocaffon. f� M--g 7tL— Signatm/ Print or Type Name Me 1� Date This certification is valid through I Z 1 3 f I oZ 1 RECEIVED FEB 16 902! D C M. WILiAINGT0N, yCt5,1a,SEC1(1C0 N'Meg CRT�FtEa I�t1AlL��` �CE1P � �OonTesbc.Ma�l�Only�'�� s�•§ -�. �f.�,�'�`"�'' Faf�de'I�ve[yx!nform'�on�visi auryveas��yi'r7 ,ys,.. inr„� ■ - S�TR L NIT D sir�7�S POSTAL SERVICE. WRIGHTSVILLE BEACH 206 CAUSEWAY DR WRIGHTSVILLE BEACH, NC 28480-1748 (800)275-8777 02/16/2021 12:32 PM Product Oty Unit Price Price ------------------------------------------ First-Class Mail® 1 $1.40 Large Envelope Wilmington, NC 28411 Weight: 0 lb 2.80 oz Estimated Delivery Date Fri 02/19/2021 Ce/rtified Mail® $3.60 9 Tracking #: 70170530000095671951 Return Receipt $2.85 Tracking #: 9590 9402 3682 7335 2095 94 Total $7.85 First -Class Mail® 1 $1.40 Large Envelope Wilmington, NC 28411 Weight: 0 lb 3.00 qz Estimated Delivery Date Fri 02/19/2021 Certified Mail® $3.60 /Tracking #: (� 70170530000095671944 Return Receipt $2.85 Tracking #: 9590 9402 3682 7335 2095 if 70 Total $7.85 ------------------------------------------- Grand Total: $15.70 ----------------------- Credit Card Remitted $15.70 Card Name: MasterCard Account #: XXXXXXXXXXXX0502 Approval #: 852642 Transaction #: 324 AID: ACOOCO00041010 Chip AL: Mastercard PIN: Not Required Mastercard xxxzzxxxzxxxxzxxxxxzxxxxxzzxxxxxxzxxxxxxxx USPS is experiencing unprecedented volume increases and limited employee availability due to the impacts of COVID-19. We appreciate your patience. xxxxxzxxxxxxxxxxxxxxxxxxxzxzzxzxxxxxxxxxxx Text your tracking number to 28777 (2USPS) to get the latest status. Standard.Message and Data rates may apply. You may also visit www.usps.com USPS Tracking or call 1-800-222-1811. Preview your Mail Track your Packages Sign up for FREE N n -,-,; www.informeddelivery,cam I( u E;'.1 ' All sales final on tamps and postage. Refunds f uarant d services only. y u for ybtK.business. Te 1 us about your pit Go to: ttps://postalexpe Mo. com/PCs or sca this code with yow oli'i.le device, 1441 STATE OP NDRTtI CWlfry or taw 1"MR 372 Id9sn lie o 0100RO ma NASAANyr DrEDr1 d"--------+ ,, ,-�.C/r`,26 II 1$ m $Ii Ttt17 IfD=tflW16, mad0 and'ORtslfd late Lille thril.�i' 2a0y15 tuSAT - soptaimer It 72. by and beteoa■ NEtl�.YutmiRtD.e.t. IJles 11, JOlD1 M, 'JR.. and wire, GRAM; AM aosNWX hereinafter called the Party of the fleet part lwhether'one or error Persons at carporatlonsf and EDGAR DAVID ALDLRSM, JR., and wife, RANDOLef a. A1194MON bocalnaftar called the party of the aeOW pert iwhother one or Owct oPerson po or cwrrationsl, wred hose oaliLng adda La, 4634 Rlplee ingteh, N. C. afs01. n I TN r9aeT Wi The party or the first pare, for and in On,LdQr&tlon of the ami aE MWM DOLLAa, end ocher Valeeble consideratiana, In nand paid by the party D! the second part, the camtyt -hereof 1a hereby 4atn9rle49ed, Iras given. granted. bargm eii and sold. opened and • d sell. 84 h# these Progonts does hereby 94ve, grant, bargain port, and unto hie Reryrt sand confirm unto the pasty or the Second all of that certain tat or otssOfrland. situates leingna forever, in PARNE T TON%SriP, COMTT or NF.W RA UM, S3y14E OP end being North Carolina, enra perticalarly described as followat Se9lnnLwg at an Iron pipe in the dividing lino between Lots 2 ana 3 or the subdivision of the eilll&ms lard as Pages Croek'as the safe is shorn on sap at tail subdiYi- 310n reearded in Y,ap Book 2 at Page 221 in the New Rana"r countyRegistry, sale point at beginning bats; forth 3$• Loot along said depidfeg 'Los 490.4 feat Iran an old canersto naeamene in the Northeast %ta• Of central Drive iS. A. i14d5I which is at the point where Raid divldlag 11ne intersects the fartausp line of said Conceal DilVa, theacc from said beginninq point running j Portz 35e 11' Past 156.4 leeG, sere Or less, to an old Iron pip, in the ^E1eh water tide of Pages CraSkT • Illllilliil� thenea Yaetwardly along said high waW= liar to daother old Icon pipe at the vberm point the W:tern line of Rama Vlatl S•abdivtston ►a the safe In shown in Rap Rack 2 st P .n County Ragistsy, Lntecaecty Wild hlgb water Jim: theace r South 35. 150 bast �� along Said-�aesxrf line of Duns vista 8nbd1v101a0 215.6 feet, sore Or less, to A point in Raid lima c�41 r. that bears South 54. 4S' East from the Point of beg 1m- ing. thence Worth S4s 43, nest 183.20 feet to the point of beginning. the one teeing the Wart@eu UrarOSi Cartlon .. •�x' f Of that tract of land shorn so vat of a diviaiai of LoU 1 aOd 2 of WI'Jisur land far J, X. Corbett Prepared X.anderwsad. Y� 5 B.L.S., dated October 19, 196a feefey-enee to which is hereby .pacifically merle, the Cana being tlw sorthsaatara y ^l1 portion or that tract of lead described in deed to La V. Johncoa,Jr., recorded in sack 0 2eu ,ft at Pagel_ in the fm Eaeower Calamity MiLatcy. t l i t 5 1 7*ZTM 11ST! all of the right, title and interest of the y� parties of the first part is and to any and all land, to rab en at sates, if any. lying between the •ortbora line of the above described lot gad the raters of Pages Cresk between a forthwtwacd extension Oi the lhrrebrestarn and Southeastern Pwe at taw pt�opertycal above described. together with, all rL- R E," 'Jwr appurtenant to said pcapecty. SML=t 20 such rights of ingress and egress ever the Soeth- eaataca Portion Of said Property above described which nay bseb`p bean heretofore granted to ike airners of Lets 1 threOgh f as 41 .hewn an the rep for J. a. Corbett above referred to caneerDl 09 art" to the waters of rages creak. lG11 i'; 1, i1•r.—.��� W 950 M 373 TO PRIM AND to a010 the .above greased sad dessrlbed praalsee ' Obntsand all and alarmists the right', pelrilegss, eaeaanta, appor anawas tdaraust0 0elasging, or to sap via* appec- tWing ELto the Vartr of the second part. his heirs. successors In tlaL and assigns in too simple forasar, .ap81�t, hewarer. 1d71 ad slates taro. d And the party of the first put, lndlvldaelly and for sis becre, eueutors, ¢anlnistcaters and succea.¢re In title, COvenants to and with the party of the second part. ant his helm-, sucCeaaOto In title sad asalgss, that he la aelred la fee of the above granted precis s. with the DtBoll �ap only DE the Butters raci ted Abeam, that he be geed right to sit eaesmb arc ceSconvoy thaaw r teat the or aW !rw and ¢leer froe any and will. and his heirs, a sad atmpt for these XCelted &nova: and that be "hell _ aec&t¢rs, edWistratDre end edeeeasore In title OEMO the title to the man sad demands of any aldd all persons whomsoever. agelnst the lawful olaisa to TMrW V rancor, the party of the fine Paasb!e head and weal, all ¢n the day and ye fl+cst atoove wb ittehecatata Not a. (SELL) ' IsELL) OrnTB OF go"" CAROLERA COUNTY or N6a IUMV R Bute an�i.to atoteea , o, ere a aviary he.- in and Ear the y eereify (tat L71CY H, JDMU02" Jh., and wive, GRACE AIM JOHNSON Per sanally appaacad bcf�ce se this date, arid ae7oi0wledred the due erDtutica of the foregoing lnstrovent. 1972. lthass MY hand and Notarial Seat this th¢ ..& day of • I O ty a ip hi c � �'.; --- NSA: My rmmaisa too c:pL•es: �r-.w..a.+a .io, i99J- �':: `�l�% STATE OF NO= CAROLiNA COUM OP MW ImNOOER aotarT a 10ceblig of certitic•to o! sett Yaap7C coonty.T rU?!e3 io Se corroe!- i Ilia the � day of .e'. - if 72. Lois c- Inpey DRAY" BY$ RODW Ci1LDER,AT MMEy ccr o Dec e 6y, 4&e t--e-- OVA y 2 Rotted dad Dt,adtd S•Diext•, rd. 1077 .. f3l GU NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Fee: $'4%V 0 # 12101-? CDAITS _ MHC cc Applicant:— AgenUComractor. Sit ior. Project Site County: NILI.� NANOVL✓ Staff: n� District: Wilmington Project Name: NkrV-s Rover File: Na River Basin: G be �fi GL� eha W Wk4- Or. Ic Initial date of application submittal: (Iu I Date application "received as complate" in the Field office: _-. I S r{l210> Permit SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes PkNo PNA: ❑Yes o Photos Taken: Yes No❑ Setback Required (riparian): JKYes ❑No Critical Habitat: ❑Yes [UNo ❑Not Sure 15 foot waiver obtained: ❑Yes o Hazard Notification Retumed: ❑Yes C;wo SAV: ❑Yes BFNo ❑Not Sure Shell Bottom: ❑Yes [ENo ❑ Not Temporary Impacts: es ❑No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP:ZYes ❑No ❑Yes [$No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes [XNo ❑NA ❑Yes ❑No RNA FT. � Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- Close }� - I SFCONfIARV wwToe n, w�w.m............ • ---..0 lvll mlwn-yr11UNAL(chooseMAXof4) J!High!Q!uali4ty ter Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SV Waters (HQW) ❑Outstanding Resource Waters (ORW) wPTI AMMO IRAnA M _ Corp. of Engineers (Jurisdictional wetlands) ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alternifiora) cynosuroides) spl (DSa) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) sp.) (JR) Blacic needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FFP ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 ❑ Minor Modification to a LAMA Major can be applied - $250 ❑Major Modification to a CAMA Major acre; 4144 can't be applied - $400 permit - $100 permit - $250 ❑ IV An develo ment involving D&F of ❑ Permit Transfer - $100 ❑ I I I(B) Public or commercial wl D&F to 1 more than 1 acreP $475 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - $100 ❑ II. Public or commercialtno dredge and/or fill - $400 I. Private no dredge andlor fill - $250 ❑ III(C) Privpublic or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: rJ kwf 0kckc, Date: 2 t 0 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 L , New Work Maint ❑ Replace ❑ Y EgN New Work Replace c r 3 Maint ❑ ❑ Y§0N d 1 New Work Replace y 1 , r r p . a Maint El❑ Y [% N New Work Replace or Maint ❑ ❑ Y [SN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y El 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 includes any disturbance. Excludes any Disturbance total includes disturbance. Excludes any Habitat Name Choose One anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact tern im acts impact amount) temp impacts) amount a W Dredge ❑ Fill ❑ Both ❑ Other 71 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 ❑ 919-733.2293 :: 1-888-4RCOAST :: www nccosstalmanaaement.net revised: uzawie Date Received Date Deposited Check From Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments Rct. # 3/2/2021 Southeastern Brant Nicks South State 12092 $250.00 major fee, 221 Denise Drive, KE rct. Coastal Construction Co. Bank Wilmington NHCO NO split 12727 Major Permit Fee Schedule Project Name: N \ c.ks County: N 11 ) '"uh a1/Ll/ } `laC Check No 8 Amount a-f iACn l Zo�t $ asv DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation or any wetlands or open water areas: 250 100% ($250) 0% ($0) 11, Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) For development that involves the ing and/or excavation of up to 1 acre of rtlands and/or open water areas, termine if A,B, C, or D below applies: A). Private, non-commercial velopment, if General Water Quality rtification No. 4144 (See attached) can applied: $250 I(B). Public or commercial development, General Water Quality Certification No. 144 (See attached) can be applied: $400 If General Water Quality cation No. 4144 (see attached) be applied, but DCM staff pined that additional review and i DWQ concurrence is needed se of concerns related to water or aquatic life: $400 If General Water Quality ration NO. 4144 (sea attached) he applied: $400 Development that involves the filling /or excavation of more than one acre retlands and/or open water areas. $475 100% 100% 60% 60% 60% 0% 0% ($0) 40% ($160) 40% ($1 40% ($1 DCM Coordinator: Curt Weychert County: ' "- Circle one Bio Repo Permit for: Oversize Pla nt: WIRO E-MAIL DISTRIBUTION SHEET vows N i Permit #: 1 V tI DCM Offices: Morehead City: PT (if oversize) via Courier *cc Curt & Amanda on group email w/ b)'o.narr.app.drawings, deed, comment het 1— *MHC documents (Curt & Amanda) ✓ Wilmington: Original hard -copy -Z— ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: der & Carteret Cc): PN, CL, Reports, Split Sheet _ use both ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet eg Currey (NH/BR: PN, CL, Reports, Split Sheet _ Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ �ec, 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: .dim Harding _ DCM Planner/WiRO: �A//Aike Christenbury Cultural Resources: _ tenee Gledhill -Earley EnvironmentaLReviewQncdenrgov_ Natural Heritage Prog. U, Odney Butler_ DCA-Rural Eco. Dev: bark Ziegler _ NC DOT: ✓6avid Harris Wildlife Resources: 'Maria Dunn w/Reports State Property Office: "f)m Walton: DEED _ %Ailike Moser _ yanda Hilliard, Real Property Agent (Bio Reports only) — Shellfish Sanitation: �J my Humphrey (Bio) / _ mon Gupton, Admin. _ DEMLR: `C//hhristine Hall - Stgrmwater Section ..Dan Sams - Land,Quality Section Public Water Supply: Veidi Cox City of Wilmington: Kathryn Thurston-_ Enforcement: V4eld R/�0 ep: 10,0" G I ks _Co. LPO C ' 5trl/1 k'(ZU{V Agent: DISTRIBUTED: 3 I -'V'-�J I * r Updated 10/01,20 CAMA/Shaun majors docs/e'Agency List