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
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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: $. Akick'.S
1 certify that I have authorized
to act on my behalf. for the purpose of applying for and obtaining all CAMA permits
necessary forfhefollowing Proposed development Cot&&XAG,. dfi
at mY Property located at 2 2 1 [- eylaQ-
in New L�,�County.
1 funYrennwe candy that 1 am auNrorized to g►arrt, and do in fact grant pamrission to
Division of Coasts/ Management sW, the Local Permit 0ft1 and theiragenfs to enter
on the afammenlioned lands in connection wfth evaluating information related to this
Penr4apocaffon.
f� M--g
7tL—
Signatm/
Print or Type Name
Me
1�
Date
This certification is valid through I Z 1 3 f I oZ 1 RECEIVED
FEB 16 902!
D C M. WILiAINGT0N,
yCt5,1a,SEC1(1C0 N'Meg
CRT�FtEa I�t1AlL��` �CE1P
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■ - S�TR
L NIT D sir�7�S
POSTAL SERVICE.
WRIGHTSVILLE BEACH
206 CAUSEWAY DR
WRIGHTSVILLE BEACH, NC 28480-1748
(800)275-8777
02/16/2021 12:32 PM
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Te 1 us about your pit
Go to: ttps://postalexpe Mo. com/PCs
or sca this code with yow oli'i.le device,
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all of that certain tat or otssOfrland. situates leingna forever,
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Se9lnnLwg at an Iron pipe in the dividing lino between
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the safe is shorn on sap at tail subdiYi-
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countyRegistry, sale point at beginning bats; forth 3$•
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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