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HomeMy WebLinkAbout22-21Major Mod Risley, DJM-NC, Smith, Lennon-------------------------------------- Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in anAArea of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 22-21 Issued to Dellaine Risley, DJM-NC LLC., Andrew Smith & Elizabeth Lennon, 2010 Deep Creek Run, Wilmington, NC 28411 Authorizing development in New Hanover County ad* to the AIW W, at 2010, 2016, 2020, 2028 Depp Creek Run, in Wilmington , as requested in the permittee's application dated 6/18/21, including attached workplan drawing (5), Sheets 1 of 5 of 5 all dated 6/18/21. This permit, issued on October 28, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e suoject to rtnes, imprisonment or ctvu acnon; or may cause me permit to oe nuu ana vola. Excavation Expansion 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -5 feet within the basin, -5 feet within the channel bound by Coastal Wetlands and -6 feet within the remaining channel, all below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee M Dellaine Risley, DJM-NC LLC., Andrew Smith and Elizabeth Lennon Permit No. 22-21 Page 2 of 2 ADDITIONAL CONDITIONS 4) No excavation shall take place within 5 feet of any Coastal Wetlands. USACE Conditions 5) Coastal wetlands adjacent to the landward portion (160 feet in length, 20 feet in width) of the access channel must be monitored on an annual basis for a period of three (3) years. This monitoring must include photographs of the wetlands bordering the channel to document the stability of these wetlands (whether sloughing due to dredging has occurred). A short report with a brief narrative describing the conditions above and including the photographs must also be submitted annually for the three (3) year period. The reports can be emailed to Greg Curry at gregorv.e.cura@usace.army.mil. 6) Prior to transporting spoil material to the Northeast New Hanover Conservancy Site for disposal, the applicant must get a "Consent to Cross" easement (For the Navigation Channel) from the Corps of Engineers. Provide a written request and a map showing the disposal site and the crossing location to Justin Annette at Justin.R.Arnettena,usace.army.mil. General 7) 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. 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 9) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location: 10) This Major Modification shall be attached to Permit No. 22-21, which was issued to the permittee on 2/25/21, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 11) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. 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 assigned the proposed project COE Action Id. No. SAW- 2020-01853. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2016-0492 v4. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: pe1J C,.Ae. R;sle y , Due, Swuf6. , El zo.be/lti Lennon Type: (Check all that apply) New _ Major Mod J Permit# Permit Coordinator: _ 80c,60r- Field Representative: f-Iks Minor Mod Renewal Transfer Date Time Message ( 7I11A1191 bMF- cr�,A . f�CswS� ,+ KwtQ145 6`5 �C O�itt�iru Q(Zo NU,(.0 cit) 4 JC.J1 V(l tlWi O ►Au(kp� I)�u��lo�S ;-t *v1u.D DCM Coordinator: pn(/� {Z Permit #: ZZ'ZI Nlc�vr (,4 Agents DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET r.' Washington Wilmington ll�d ti(C zexlf( (with revised work plan drawings) (OBJECTION$ Iic� dei ✓GQr' ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental. Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) John Perry-401 (TBD) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney (Butler (NCDOT) Travis Wilson 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) NA Deep Creek Maintenance Dredging Modificaton Applicant 1: First Name MI Last Name Dellaine n/a Risley Applicant 2: First Name MI Last Name Dan n/a Smith Applicant 3: First Name MI Last Name Elizabeth n/a Lennon Applicant 4: First Name MI Last Name Andrew n/a Smith Mailing Address PO Box City State 2010 Deep Creek Run n/a Wilmington NC ZIP Country Phone No. FAX No. 28411 USA 910-443-0354 NA Street Address (if different from above) City Slate ZIP NA Email dirislev(g)gmail.com , dan(cDsho2.com , bethlennon(a)mac.com , andrew(a),smithtahoe.com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Greg n/a Finch Agent/ Contractor 2: First Name MI Last Name Andy n/a Dortch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. n/a n/a ext. n/a FAX No. Contractor # 910-452-0060 n/a Street Address (if different from above) city State ZIP NA Email gfinchtg7.lmqmup.net adortch(a).lmgroup.net Application for a Major Modification to LAMA Permit 22-21—June 2021 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina NIP a7ED Y 10h MHD 3. Project Location County (can be multiple) Street Address State Rd. M New Hanover 2010, 2016. 2020 and 2028 Deep Creek Run n/a Subdivision Name City State Zip n/a Wilmington NC 28411 Phone No. Lot No. (a) (if many, attach additional page with list) n/a NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project While Oak AIW W 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 AIWW e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 486' within basin @ NHW 9.62 +/- acres c. Sae of individual lots) d. Approximate elevation of tract above NHW (normal high water) or 3.72 ac, 0.47 ac, 1.65ac, 3.78 ac NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0'-26' ®NHW or ❑NWL e. Vegetation on tract Shrubs, trees and lawn grasses. f. Man-made features and uses now on tract Residential homes, bulkhead, rip rap and docking facilities. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential homes and docking facilities; Mason Harbour Yacht Club. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R20 (Attach zoning compliance certificate, if applicable) ®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 ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does a involve a National []Yes ONo ❑NA Register listed or eligible property? RECEIVED Application for a Major Modification to CAMA Permit 22-21—June 2021 J U L 14 2021 2010, 2016, 2020 and 2028 Deep Creek Run F ULIVtU DCM WILMII GTON, NC Wilmington, New Hanover County, North Carolina DCM-MHD CITY M. (i) Are there wetlands on the site? ®Yes ❑No (h) Are there coastal wetlands on the site? ®Yes [-]No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation. if available) NO UPLAND DEVELOPMENT PROPOSED. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Well p. Describe existing storm water management or treatment systems. None 5. Acti'V10" and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial 01publid0overnment ®private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicants propose to conduct maintenance dredging within the existing access channel out to the AIWW navigation channel. C. Describe the proposed construction methodology. types of construction equipment to be used during construction, the number of each type of equipment and where lt is to be stored. Bucket -to -barge dredging is proposed for the current maintenance event. Equipment will be stored on site, if needed. Hydraulic dredging may be used for future maintenance events if an approved spoil location can be identified. d. List all development activities you propose. Maintenance dredging within permitted and historically maintained channel. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? Matinenance f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft 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. No new discharges. i. Will wastewater or stomnvater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No DNA I. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED RECEIVED) Application for a Major Modification toCAMAPermlt22-21—June 2021 JUL 14 ZUZI 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina DCM-MHD CITY 4 DCM WILMINGTON, NC & Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (dporian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name William and Karen Allison Phone No. NA Address 1970 Deep Creek Run, Wilmington, NC 28411 Name Mason Harbour Boatslip GOA, Inc. Phone No. NA Address 7439 Nautica Yacht Club Drive, Wilmington, NC 28411 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Major Permit 22.21, Risley Aldridge Lennon, 2/25/2021; #139-76. Johnson; #107-98, Johnson; June 12, 2003 Modification to #107-98, Johnson. GP 650089-D, Avery Bates, 1/21/15. h. Signed consultant or agent authorization form, 8 applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only project will be subject to the conditions and restrictions contained in the permit. The I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands In connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 6/18/2021 Print Name: Andy Dortch, Agent, Land Management Groue , '.q Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Application for a Major Modification to CAMA Permit 22-21—June 2021 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina RECEIVED JUL 14 20"1 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Docking Boat Boat Rock Other (excluding (NLW or NWL) Facility Basin Ramp Breakwater shoreline stabilization Length 350'; 160' Width 30'; 20' Avg. Existing Depth 2 MLW, -1 MLW NA Final Project Depth _6 MLW; -5 MLW NA 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated. cubic yards. Sand Access Channel: —2,350 c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or None other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (it) Describe the purpose of the excavation in these areas: NA 12. DISPOSAL OF EXCAVATED MATERIAL ❑ This section not applicable a. Location of disposal area. b. Dimensions of disposal area. DA 228, outside USACE ROW adjacent to existing dike. See 200' x 100', upland portions adjacent to DA 228 and existing Appendix C. dike. See Appendix C. c. (i) Do you claim title to disposal area? ❑Yes SNo ❑NA (ii) If no, attach a letter granting permission from the owner. See Appendix C. e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: NA. d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes. where? Same location. f. (i) Does the disposal include any area in the water? ❑Yes SNo ❑NA (II) If yes, how much water area is affected? Application for a Major Modification to CAMA Permit 22-21—June 2021 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED JUN DCM�NILMINGTON, NC 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑BreakwaterlSitl ❑Other: _ c. Average distance waterward of NHW or NWL: e. Type of stabilization material g. Number of square feet of fill to be placed below water level Bulkhead backfill Riprap Brea kwate r/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: I. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ❑Yes ®No ❑NA b. (i) Wit fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill suomerged aquatic vegetation (SAv), shell bottom tuts), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (it) Describe the purpose of the fill in these areas: NA S. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g.. dragline, controlled? backhoe, or hydraulic dredge)? No land disturbing activities at the project site. Dredge spoil will be Typical dock construction and bucket to barge equipment, badkhoe, placed along and adjacent to the existing diked disposal area excavator, barge and bobcat/bulldozer. outside the t1SACE ROW on DA 248. See Appendix C. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA Date 6/18/2021 Project Name Deep Creek Maintenance Dredging RECEIVED Applicant Name JUL 14 2021 Risley, Smith and Lennon DCM-MHD CITY Appfinnt Sikmture A*'Otv Andy Conch, Aperd, Land Management Group Application for a Major Modification to CAMA Permit 22-21—June 2021 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina RECEIVED JUN I $ O" 7 DCM WILMINGTON, NC :3 ;ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mr. Donald van der Vaart 1827 Register Lane Wilmington, NC 28411 Dear Mr. van der Vaart, NORTH CAROLINA Environmental Quality October 28, 2021 This letter is intended to notify you of the issuance of a CAMA Major Modification to Permit No. 22-21 for proposed development by Dellaine Risley, DJM-NC LLC, Andrew Smith and Elizabeth Lennon, located at 2010, 2016, 2020 and 2028 Deep Creek Run, near Wilmington, in New Hanover County. The proposed project consisted of increasing an existing dredge footprint of an existing basin and access channel to the AIWW. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit modification for reference. If you wish to contest our decision to issue this permit, you may file a request for a Third -Party Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission will consider the case and determine whether to grant your request to file a Contested Case Hearing in the Office of Administrative Hearings. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. More information about this process as well as the forms are available on DCM's website, here: httys://deg.nc.gov/about/divisions/coastal- manaeement/coastal-mana eg ment-permits/variances-appeals If you would like to discuss the specifics of the process, please feel free to contact DCM legal counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebel@u,ncdenr.gov Sincerely, Gregg Bodnar Assistant Major Permits Coordinator CC: DCM Wilmington, via email DEQ Asst. GC Christine Goebel, via email Mr. R. Robert El-Jaouhari, Esq., via email North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 Pet'mit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'V,en fit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 22-21 Issued to Dellaine Risley, DJM-NC LLC., Andrew Smith & Elizabeth Lennon, 2010 Deep Creek Run, Wilmington, NC 28411 Authorizing development in New Hanover County ado to the AIWW, at 2010, 2016, 2020, 2028 Depp Creek Run, in Wilmington , as requested in the permittee's application dated 6/18/21, including attached workplan drawing (5), Sheets 1 of 5 of 5 all dated 6/18/21. This permit, issued on October 28, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation Expansion 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -5 feet within the basin, -5 feet within the channel bound by Coastal Wetlands and -6 feet within the remaining channel, all below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. _1j1 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Dellaine Risley, DJM-NC LLC., Andrew Smith and Elizabeth Lennon Permit No. 22-21 Page 2 of 2 ADDITIONAL CONDITIONS 4) No excavation shall take place within 5 feet of any Coastal Wetlands. USACE Conditions 5) Coastal wetlands adjacent to the landward portion (160 feet in length, 20 feet in width) of the access channel must be monitored on an annual basis for a period of three (3) years. This monitoring must include photographs of the wetlands bordering the channel to document the stability of these wetlands (whether sloughing due to dredging has occurred). A short report with a brief narrative describing the conditions above and including the photographs must also be submitted annually for the three (3) year period. The reports can be emailed to Greg Curry at greeorv.e.curry@usace.armv.mil. 6) Prior to transporting spoil material to the Northeast New Hanover Conservancy Site for disposal, the applicant must get a "Consent to Cross" easement (For the Navigation Channel) from the Corps of Engineers. Provide a written request and a map showing the disposal site and the crossing location to Justin Arnette at Justin.R.Arnettegusace.armv.mil. General 7) 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. 8) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 9) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 10) This Major Modification shall be attached to Permit No. 22-21, which was issued to the permittee on 2/25/21, as.well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 11) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. 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 assigned the proposed project COE Action Id. No. SAW- 2020-01853. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2016-0492 v4. NOTE: An application processing fee of $250 was received by DCM for this project. Bodnar, Gregg From: Finch, Greg <gfinch@lmgroup.net> Sent: Tuesday, October 12, 2021 11:30 AM To: Bodnar, Gregg Cc: Dortch, Andy; Elks, Katharine B Subject: Re: [External] Re: Risley et al dredge comments CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Gregg, Thanks for the follow-up. I spoke with the applicants and although not preferred, they are willing to limit the outer channel width to 20' vs the 30' proposed. The depth should remain -6 MLW for this portion to address shoaling concerns, reduce future maintenance intervals and also facilitate tidal exchange by having a gradient between the access channel and basin. Also, considering location, methodology, and consistency with the recently issued current permit, a moratorium should not be required. Thanks for your assistance with this project, give me a call if you have any questions or to discuss if needed. Greg Finch I Environmental Scientist - CAMASectionManager " Q et' Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 w ,�j Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 A4" 1 On Tue, Oct 12, 2021 at 9:33 AM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Morning all, I wanted to check in on any additional discussion on the email below. I am in discussion with the agencies now to determine final determination on concerns. Thanks, Gregg From: Bodnar, Gregg Sent: Wednesday, October 6, 2021 1:31 PM To: Finch, Greg <gfinch@lmgroup.net> Cc: Dortch, Andy <adortch@Imgroup.net>; Elks, Katharine B <katharine.elks@ncdenr.eov> Subject: RE: [External] Re: Risley et al dredge comments Afternoon all, There is still significant concerns about the dredge width in open water. Can you provide any justification to the need to expand the width of the channel to 30ft in open water as compared to the more restrictive 20ft wide section adjacent to Coastal Wetlands? In discussions about another project concerning Mr. Smith it seemed the applicants may be open to discussing minimization. Thanks, Gregg From: Finch, Greg <gfinch@Imgroup.net> Sent: Monday, September 27, 2021 2:37 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dortch, Andy <adortch@lmgroup.net>; Elks, Katharine B <katharine.elks@ncdenr.eov> Subject: [External] Re: Risley et al dredge comments Hi Gregg, Thanks for forwarding. The current permit does not have a moratorium and that is not something we have seen in this location of the waterway, particularly with bucket -to -barge methodology. Also, the channel was specifically widened and deepened on the outer portion to both increase tidal exchange in the basin and reduce the frequency of future maintenance events. That portion of the channel shoals very quickly and the proposed width and depth is very much needed to keep maintenance events at a more practical time interval. Considering this, and that a 30'-wide channel is still relatively narrow, I'd like to cordially request that the project remain as proposed. I assume the objecting party you refer to is not a commenting/review agency? Please forward if there are any items we need to address. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Fri, Sep 24, 2021 at 3:19 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon all, Recently received these comments from DMF. I am still waiting for WRC and have DWR and USACE. Just need to coordinate these and review objections that have come in for concerning multiple projects associated with DJM projects. I have asked the objecting party to clarify objections due to the objections covering multiple proposals, of which the dredging seems to be one. The moratorium and 5ft CW buffer are pretty standard, though the potential restoration is requested in addition. The final request is the reduction in width and depth. Thanks, Gregg D_EQ Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 2808 ext 21S (Office) Gregg.Bodnar0ncdenrgov Email correspondence to and from this address is subject to the North Carolina public Records low and may be disclosed to third portles. Bodnar, Gregg From: Finch, Greg <gfinch@lmgroup.net> Sent: Monday, September 27, 2021 2:37 PM To: Bodnar, Gregg Cc: Dortch, Andy, Elks, Katharine B Subject: [External] Re: Risley et al dredge comments CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Gregg, Thanks for forwarding. The current permit does not have a moratorium and that is not something we have seen in this location of the waterway, particularly with bucket -to -barge methodology. Also, the channel was specifically widened and deepened on the outer portion to both increase tidal exchange in the basin and reduce the frequency of future maintenance events. That portion of the channel shoals very quickly and the proposed width and depth is very much needed to keep maintenance events at a more practical time interval. Considering this, and that a 30'-wide channel is still relatively narrow, I'd like to cordially request that the project remain as proposed. I assume the objecting party you refer to is not a commenting/review agency? Please forward if there are any items we need to address. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Fri, Sep 24, 2021 at 3:19 PM Bodnar, Gregg <R_reRR.bodnar@ncdenr.Rov> wrote: Afternoon all, Recently received these comments from DMF. I am still waiting for WRC and have DWR and USACE. Just need to coordinate these and review objections that have come in for concerning multiple projects associated with DJM projects. I have asked the objecting party to clarify objections due to the objections covering multiple proposals, of which the dredging seems to be one. The moratorium and 5ft CW buffer are pretty standard, though the potential restoration is requested in addition. The final request is the reduction in width and depth. Thanks, Gregg .D_E Q�� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215' (Office) Gregg.Bo dnar@ ncdenrgov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD ,nm-joc c44'1 "we"AA RECEIVED APPLICANT: Dellalne Risley, Dan Simi, Elizabeth Lennon COUNTY: New Hanover JUL 4 PROJECT NAME: Major Modifcadon 22-01 /Deep Creek Maintenance Dredging Modification 1 LOCATION OF PROJECT:2010, 2016, 2010, 2028Deep Creek Run, adj. toA/WWin wilminglacm-IV hb CITY DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-9-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Elks DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-17-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 9-22-21 MAIL OUT DATE: 7-14-21 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE REC'D: 4,7-r70 .f1=2Z01QJ END OF NOTICE DATE: 8-7-21 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 8-7-21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 7 Gr DCM - LUP Consistency Determination Rtlf6ly {' Local Permit Officer 74 Corps of Engineers - Regulatory Branch 'l l ( p + DWR-401 Section t/b L zc>(L'bgSZV DWR-Public Water Supply 7((r{ Z, )e DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office -IH L( &AIN covisoy Wildlife Resources Commission DMF- Shellfish Section DMF - Habitat & Enhancement DNCR - Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce p Recommendations for State Permit — MM 2010 2016, 2020, and 2028 Deep Creek Run 719412021 It is the staffs recommendation that the proposed excavation is CONSISTENT with the Rules of 15 A NCAC 07H.0208 (b) (1) which states, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this subchapter.'. It also states, `Any canal or boat basin shall be excavated no deeper than the depth of connecting waters...". This office has no objections to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for excavation. The proposed expansion of the dredge footprint would help accommodate the size of the equipment necessary to perform the maintenance excavation in the boat basin and access channel and is within previously authorized dredge footprints; however, this office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom and Coastal Wetlands. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. RECEIVED JUL 14 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA Envftn ntalQuafiry FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) g regg. bod nar(a) N CDEN R.gov SUBJECT: CAMA/D & F Applicant: Dellaine Risley, Dan Smith & Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the Al wiff in lMlmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160, and 30' in width for 350' through a major modification of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoa Bodnar at the address above by August 7, 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 no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply REC EV D SIGNATURE fl`� JUL 1 q 2021 DATE 7-14-21 NIP SECTION NUID D Q� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Olflce 1127 Cardinal Drive Fidenslon I Wilmington, North Carolina 26405 910.796.7215 Bodnar, Gregg From: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil> Sent: Tuesday, July 20, 2021 12:26 PM To: kathryn_matthews@fws.gov; Leigh_Mann@fws.gov, pace.wilber@noaa.gov, Pete_Benjamin@fws.gov; Tranter, Kent W CIV USARMY CESAW (USA); Horton, James Todd CIV USARMY CESAW (USA); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; Paul.J.Bertram@uscg.mil; Ward.B.Posey@uscg.mil; fritz.rohde; matthew.k.creelman2@uscg.mil; Twyla Cheatwood; Ellis, John; Snider, Holley, MacPherson, Tara; Howell, Jonathan; Wojoski, Paul A; Bodnar, Gregg; Elks, Katharine B Subject: [External] SAW 2020-01853 Risley/Smith/Lennon Access Channel Dredging Modification Attachments: RisleySmithLennon.drawings.pdf; SAW 2020-01853 CL-32 Letter Deep Creek Run Access Boat Basin Dredging.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to All, Pursuant to the CAMA-Corps Programmatic Permit process for Permit PGP-291, the North Carolina Division of Coastal Management (NC DCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by August 20, 2021. The project site is located at 2010, 2016, 2020 and 2028 Deep Creek Run adjacent to Middle Sound and the AIW W, near the City of Wilmington, New Hanover County, North Carolina. Approval has previously been given (PGP-291 issued 03/15/21) for maintenance dredging of a private boat basin and access channel. New dredging was to connect the access channel to the USACE navigation channel. The applicants now propose to expand the width of the authorized dredge footprint for the 510' access channel to two different widths in two different sections. The dimensions of the landward section of the access channel bordered on both sides by marsh grass would be 160' in length expanding from 10' to 20' in width (which is an increase of 1,600 ft2 from the previously authorized footprint for a total of 3,200 ft2) to an average depth of -5' MLW. This proposed 160' by 20' section of the access channel is bordered by marsh grass and is approximately 36' wide from grass line to grass line at the narrowest point. The bottom dimension proposed is 20' wide with a 2:1 slope for a top dimension of approximately 25' wide. An original permit condition states: "No excavation shall take place within 10 feet of any Coastal Wetlands". This modification would result in excavation 5.5' from coastal wetlands for approximately 160 linear feet. The applicant states that during a June 24th low tide site visit no SAV was found in the vicinity of the project area. The applicant states that the permitted 10' wide access channel is too narrow for small excavation barges and that the narrow channel would likely require more frequent maintenance. The second waterward section of the access channel would expand the authorized dimensions to 350' in length expanding from 10' to 30' in width (which is an increase of 7,000 ft2 from the previously authorized footprint for a total of 10,500 ft2) to a depth of -6' MLW. This section of the access channel is not constrained by coastal wetlands and no SAV was noted in the vicinity during the site visit. The applicant proposes to mechanically excavate an additional 8,600 sq. ft. or 1,754 cy of dredge spoil; that would total approximately 27,403 sq. ft. and 5,135 cy if added to the already permitted spoil volume. The material would be removed using the bucket -to -barge method and then taken to a disposal site at the Northeast New Hanover ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greaa. bodnar(a)NCDENR.gov SUBJECT: CAMA/D & F Applicant: Dellaine Risley, Dan Smith & Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIINW in Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160', and 30' in width for 350' through a major modification of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 7, 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" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality RECEIVE® SIGNATURE 6� f!4- , for Shannon Jenkins J U L 2 0 2021 DATE 07/19/2021 MP SECTION MI -ID D E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington0lnce 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM. NORTH CAROLINA Enyfronmenta/Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a)NCDENR.aov SUBJECT: CAMA/ D & F Applicant: Dellaine Risley, Dan Smith & Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510, access channel to 20' in width for 160, and 30' in width for 350'through a major modification of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoa Bodnar the address above by August 7, 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. PRINTNAME lol�hCi6Nt_�_I/WI'Py� AGENCY oeu)�A&(%jto-ei Q'w ky\ RECEDED SIGNATURE �/ !✓ JUL 2 8 2021 [� DATE fjON" SECTQON' PMD North Carolina Department of Environmental Quality l Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Direaor July 13, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bod narftNCDENR.gov SUBJECT: CAMA/D & F Applicant: Dellaine Risley, Dan Smith & Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160', and 30' in width for 350' through a major modification of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Green Bodnar at the address above by August 7, 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" 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. Memo Attached. Two slips proposed and two existing PRINT NAME Wanda Hilliard AGENCY SIGNATURE State Property Office W aN Ad`' Ntti)� RECEIVE® AUG 4 2021 DATE August 3, 2020 P /+T! O M ArI HD D_E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 w m cuu. 910796.7215 Roy Cooper, Governor TO: North Carolina Department of Administration State Property Office August 3, 2021 Greg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard ( 6t,%Gir A4�- g4LjA Real Property Agent Department of Administration SUBJECT: Dellaine Risley, Dan Smith & Elizabeth Lennon Pamela B. Cashwell secretary Tim Walton Director 2010,2016,2020, & 2028 Deep Creek Run, adj. to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160', and 30' in width for 350' through a major modification of State Permit No. 22-21. Please confirm that the facilities are not located within the 1000'USACE AIW W easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. Y AUG 4 2021 MP SECTION MHD State of North Carolina I State Property Office B6WestjonesStreet, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC27699 9842360270 TI Web:http://www.ncspoxom ROY COOPER Covemor ELIZABETHS. B1SER Secretary BRAXTON DAVIS Dkr=r July 13, 2021 MEMORANDUM. NORTH CAROLINA Envlrarunental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier11-12-09) areda;bodnar(c NCDENR:aov SUBJECT: CAMA/D &,F Applicant: Dellaine Risley, Dan.Smith & Elizabeth Lennon Project Location; 2010, 2016, •2020 & 2028 Deep Creek, Run, adj. to the A1WW 1n Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width: for 160, and 30' in widthlfor 350' through a major modification of State Permit No. 22-21. Please,indieate below your agency's position or viewpoint on the proposed project and' return.this form tolGrecia.Bodnar at theraddress above by August 7, 2021. , Ifyou have any questions regardingjthe proposed project, contact Katharine Elks at (910), 796-7424 when appropriate, in- depth comments with supporting data.is requested. REPLY: X This agency has no objection to the project as proposed. "Additional commer ts!maybe attached" This agency has no comment on the proposed project., This agency approves of the project only if the recommended changes alre,incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME ✓ AGENCY, Aj C u Pie } • U7 iyi11IYY r rGe RECEIVED SIGNATURE M. AlVt ^ S� AUG 4 2021 baTE SI y l I MR SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management DaEQ� WilmingtonOfnee1127Cardinal Drive ExtenslonIWgmingror4NorthCaroilna28405 916.796.7215 Received: 8/3/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA FnvtranmentarQuarity ER 20-2299 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areoa.bodnar a()..NCDENR.cov SUBJECT: CAMA/D & F Applicant: Dellaine Risley, Dan Smith & Elizabeth Lennon Due: 8/11/2021 NC - SBA 8/9/2021 Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160', and 30' in width for 350' through a major modification of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by August 7, 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" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office pe . yN L-" 8/12/2021 AUG 1 3 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 September 1, 2021 Regulatory Division Action ID No. SAW 2020-01853 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: SEP 2 20,21 fry S"ECTION 1111D Reference the application by Dellaine Risley, Dan Smith and Elizabeth Lennon to expand the width of the authorized dredge footprint for the 510 feet access channel to two different widths in two different sections. The dimensions of the landward section of the access channel bordered on both sides by marsh grass will be 160 feet in length expanding from 10 feet to 20 feet in width (which is an increase of 1,600 square feet from the previously authorized footprint for a total of 3,200 square feet) to an average depth of -5' MLW. The access channel cut will be a "box cut" (vertical sides), and thus the dredging should be no closer than eight (8) feet on either side from the coastal wetlands. The second waterward section of the access channel, which is 350 feet in length, will expand the dredging from 10 feet to 30 feet in width with a depth of -6 MLW. This results in an increase of 7,000 square feet (sq.ft.). from the previously authorized footprint for a total of 10,500 square feet. This section of the access channel is not constrained by coastal wetlands. The dredging will be done by the "bucket to barge" method. The access channel width expansion will result in the excavation of an additional 8,600 sq. ft. or 1,754 cubic yards of dredge spoil that will total approximately 27,403 sq. ft. and 5,135 cubic yards if added to the already permitted spoil volume. The spoil material will be taken to a disposal site at the Northeast New Hanover Conservancy, which is located on DA-228 to be placed outside the USAGE right-of-way. An area of approximately 200 feet by 100 feet, or 20,000 square feet, is allocated for this project. 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, dated June 18, 2021, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Coastal wetlands adjacent to the landward portion (160 feet in length, 20 feet in width) of the access channel must be monitored on an annual basis for a period of three (3) years. This monitoring must include photographs of the wetlands bordering the channel to document the stability of these wetlands (whether sloughing due to dredging has occurred). A short report with a brief narrative describing the conditions above and including the photographs must also be submitted annually for the three (3) year period. The reports can be emailed to Greg Currey at Gregory.e.currey@usace.army.mil. 3. Prior to transporting spoil material to the Northeast New Hanover Conservancy Site for disposal, the applicant must get a "Consent to Cross" easement (for the Navigation Channel) from the Corps of Engineers. Provide a written request and a map showing the disposal site and the crossing location to Justin Amette at Justin.R.ArnetteCa.usace.army.mil. 4. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 5. Work in wetlands are prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 6. 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. 7. 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. 8. The permittee shall employ all sedimentation and erosion control measu fl"Sark14 ., Mi prevent an increase in sedimentation or turbidity within waters and wetlan scot bs$de� t 4 lr ii Or .411110111i. 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. 9. The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 10. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne-es/mammal/manatee euidelines.pdf. 11. 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 or by email at Gregory.e.currey@usace.army.mil. Sincerely, EiCurrlsigned by Gregory Gregory E. CurreDate: 2021.09.0116:58:37 Y-04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Copy Furnished by email with attachment: Mr. Paul Wojoski Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center SEP 2 2('21 1"V'P SEFC7'10N Pim.H � ."QV. , 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 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 pq tza-vE® SEP 2 2021 JVP SECTION MVID vL�i cnveiope ru. qci t tnao- i ar[wc9u-oou[-1 orsvroarosrc ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Dellaine Risley, 2010 Deep Creek Run Wilmington, NC 28411 DIM -NC, LLC c/o Dan Smith 2016 Deep Creek Run Wilmington, NC 28411 NORTH CAROLINA Environmental Qual/ty September 10, 2021 DWR # 20160492v4 Pender County SEP 1 6 2021 Elizabeth Lennon E 1P SECTION 11 HD 2028 Deep Creek Run Wilmington, NC 28411 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 2010, 2016, 2020 & 2028 Deep Creek Run — man-made canal adjacent to Middle Sound Dear Mr. Risley, Mr. Smith, and Ms. Lennon: You have our approval for the impacts listed below for the purpose described in your application dated June 18, 2021, received by the Division of Water Resources (Division) July 14, 2021. The application proposes to expand an existing access channel and boat basin within a man-made canal system that supports three docking facilities. The proposed project is located within the Middle Sound which are class SA;ORW waters by the DWR. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of General Permit No. 198000291 once it is issued to you by the U.S. Army Corps of Engineers. 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. 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)] D_E Qi� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 enenw� /� 910.796.7215 DocuSign Envelope ID: 42177A96-19F2-4E40-86D2-16B42B4F83FB DWR20160492v4 Page 2 of 4 Type of Impact Amount Approved (units) Plan Location or Permanent Reference 404/401 Wetlands N/A N/A Open Water/Shallow Bottom 0.20 acres dredged (+/-8,600 sq. ft.) Project narrative, sheets 1 thru 5 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 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 [15A NCAC 02H .0507(c)]: 1. Moratoriums The Permittee shall comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. shorebird, or sea turtle nesting), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H :0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 2. Turbidity Standard SEP 1 6 2021 J(UO�n tnvelope IU: 4Z777A96-19F2-4E4U-86D2-16B42B4F83FB D W R20160492v4 Page 3 of 4 The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality Standards for Class SB Waters.(12) 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; (19) 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. [15A NCAC 02B .0222] Citation' 15A NCAC 02B .0211; 15A NCAC 02H .0506(b)(1); 15A NCAC 02H .0507(c) 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 This Certification can be contested as provided in Chapter 150B of the North Carolina General 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 htto://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 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215, Hollev.Snider@ncdenr.eov if you have any questions or concerns. Sincerely, OccuBipnetl by: 'To" -R% , i:�ati 7F141E73B6F3456.... for Morella Sanchez -King Regional Supervisor DWR Wilmington Regional Office Enclosures: GC 4175 RECEIVED SEP 1 6 2021 PU3P SECTION MHD DocuSign Envelope ID: 42177A96-19F2-4E4D-86D2-16942B4F83FB DWR20160492v4 Page 4 of 4 cc: Debbie Wilson (via email) Gregg Bodnar, Asst. Major Permit Coordinator Greg Currey, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC (via email) DWR 401 & Buffer Permitting Unit rx"PCEFVE�: SEP 1 6 2021 , SEP 2 1 2021 MEMORANDUM MP SECTION MHD To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Risley, DJM-NC, Lennon, New Hanover County Date: September 20, 2021 Consistency Determination: This project is consistent with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 350' through a major modification of State Permit #22-21. The project is located at 2010, 2016, 2020 and 2028 Deep Creek Run located of Middle Sound Loop Road in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not 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 - IL - Bodnar, Gregg From: Harding, Kimberlee k Sent: Tuesday, October 12, 2021 4:41 PM To: Bodnar, Gregg; Dunn, Maria T. Subject: Re: [External] Re: Risley et al dredge comments Hi Gregg. I am OK with the depth but will still ask for the moratorium with the reduction of the coastal wetlands buffer. Kim From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, October 12, 2021 11:52:58 AM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: FW: [External] Re: Risley et al dredge comments Hey all, Received a response from the agent on the dredge width. See below. Please let me know any comments/thoughts. Thanks, Gregg From: Finch, Greg <gfinch@lmgroup.net> Sent: Tuesday, October 12, 2021 11:30 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dortch, Andy <adortch@lmgroup.net>; Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: Re: [External] Re: Risley et al dredge comments CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Gregg, Thanks for the follow-up. I spoke with the applicants and although not preferred, they are willing to limit the outer channel width to 20' vs the 30' proposed. The depth should remain -6 MLW for this portion to address shoaling concerns, reduce future maintenance intervals and also facilitate tidal exchange by having a gradient between the access channel and basin. Also, considering location, methodology, and consistency with the recently issued current permit, a moratorium should not be required. Thanks for your assistance with this project, give me a call if you have any questions or to discuss if needed. Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Tue, Oct 12, 2021 at 9:33 AM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Morning all, I wanted to check in on any additional discussion on the email below. I am in discussion with the agencies now to determine final determination on concerns. Thanks, Gregg From: Bodnar, Gregg Sent: Wednesday, October 6, 2021 1:31 PM To: Finch, Greg <gfinch@Imgroup.net> Cc: Dortch, Andy <adortch@lmgroup.net>; Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: RE: [External] Re: Risley et al dredge comments Afternoon all, There is still significant concerns about the dredge width in open water. Can you provide any justification to the need to expand the width of the channel to 30ft in open water as compared to the more restrictive 20ft wide section adjacent to Coastal Wetlands? In discussions about another project concerning Mr. Smith it seemed the applicants may be open to discussing minimization. Thanks, Gregg From: Finch, Greg <gfinch@lmgroup.net> Sent: Monday, September 27, 20212:37 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dortch, Andy <adortch@Imgroup.net>; Elks, Katharine B <katharine.elks@ncdenr.Rov> Subject: [External] Re: Risley et al dredge comments or open attachments unless you verify. Send all suspiciousemail as an attachment to Hi Gregg, Thanks for forwarding. The current permit does not have a moratorium and that is not something we have seen in this location of the waterway, particularly with bucket -to -barge methodology. Also, the channel was specifically widened and deepened on the outer portion to both increase tidal exchange in the basin and reduce the frequency of future maintenance events. That portion of the channel shoals very quickly and the proposed width and depth is very much needed to keep maintenance events at a more practical time interval. Considering this, and that a 30'-wide channel is still relatively narrow, I'd like to cordially request that the project remain as proposed. I assume the objecting party you refer to is not a commenting/review agency? Please forward if there are any items we need to address. s Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Fri, Sep 24, 2021 at 3:19 PM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon all, Recently received these comments from DMF. I am still waiting for WRC and have DWR and USACE. Just need to coordinate these and review objections that have come in for concerning multiple projects associated with DJM projects. I have asked the objecting party to clarify objections due to the objections covering multiple proposals, of which the dredging seems to be one. The moratorium and 5ft CW buffer are pretty standard, though the potential restoration is requested in addition. The final request is the reduction in width and depth. Thanks, Gregg D_EQ A " �Ki€(ebearboa�4\ Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) Gregg.8odnar0ncdenngov Email correspondence to and from this address Is subject to the North Carolina Public Records Caw and may be disclosed to third parties. ROY COOPER Governor ELIZABEI'H S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM: NORTH CAROLINA Envtronmentaf Quaftty FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar cDNCDENR.gov SUBJECT: CAMA/D & F Applicant: Dellaine Risley, Dan Smith & Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adti to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160', and 30' in width for 350' through a major modification of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greao Bodnar at the address above by August 7, 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. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE Kc1�t�o�¢2 YY DATE 09/21/2021 SEP 2 2 2021 FAP SECTION NIHD North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmingtom North Carolina 28405 910.796.7215 ROY COOPER Governor MICHAEL S. REGAN Secretory STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, DMF Fisheries Resource Specialist SUBJECT: Modification State Permit# 22-21 - Dellaine, Risley, Dan Smith, and Elizabeth Lennon, two separate docking facilities and maintenance dredging, New Hanover County DATE: September 21, 2021 A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The project site is located at 2010, 2016, 2020, and 2028 Deep Creek Run adjacent to Middle Sound, near the City of Wilmington, New Hanover County. The applicant is requesting a major modification of the most recent State Permit #22-21 which was issued on February 25, 2021, that expands the width of the authorized dredge footprint. State Permit 22-21 authorized maintenance excavation of a boat basin measuring 395' x 24' (9,480 ft2) by -5 feet below MLW, an access channel measuring 510' x 10' (5,100 ft2) by-5 feet below MLW connecting to the USACE, and new excavation under a private docking facility located at 2010 Deep Creek Run measuring 82' x 51.5' (4,223 f:2) by -2.5 feet below MLW. The project is in waters classified as SA -outstanding resource waters (ORW) by the Division of Water Resources and are closed to the harvest of shellfish. They are not designated as a Primary Nursery Area (PNA) by the NCDMF. The applicant now proposes expanding the authorized access channel of 510' x 10', to 20' wide for 160' linear feet and a second waterward section of 350' to expand from the authorized width of 10' to 30' to a depth of -6' MLW. The original permit contains a condition that states: "No excavation shall take place within 10 feet of any Coastal Wetlands". The proposed modification would result in excavation 5.5' from coastal wetlands for the approximately 160 linear feet The applicant states that the permitted 10' wide access channel is too narrow for small excavation barges and that the narrow channel would likely require more frequent maintenance. This section of the access channel is not constrained by coastal wetlands and no SAV was found in the vicinity. To minimize impacts to coastal wetlands, the DMF recommends that the proposed 20' wide access channel bordered by marsh grass be dredged with a box cut channel and stay a minimum of 5' away from coastal wetlands. The channel should be monitored for three years and if any sloughing of wetland occurs, the applicant should provide suitable restoration. The DMF recommends minimization to shallow PTW waters to the second section of the access channel by lessening the proposed channel of 350' x 30' and a depth of -6 MLW to a width of 20' and to a depth of -5 MLW. ECEIVED —% Nothing Compares..-..... S E P 2 2 2021 State of North Cardin I Division of Marine nsheries 3441 Arendell Street I P.O. Bon 769 I Morehead City, North Carolina 28W 252-726-7021 IVP SECTION MHD The DMF also requests a moratorium on all in -water work, including dredging, from 1 April to 30 September to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Contact Kimberlee Harding at (910) 796-7475 or Kimberlee.Harding@ncdenr.gov with further questions or concerns. U"ECEIVED SEP 2 2 2021 LIP SECTfZ�;j !OwP Nothing Compares. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolira 28557 252-726-7021 , .;- c ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cireog. bodnarrrDNC D ENR.gov SUBJECT: CAMA/D & F Applicant: Dellaine Risley, Dan Smith & Elizabeth Lennon Project Location: 2010, 2016, 2020& 2026 Deep Creek Run, adj. to the AIINW in: vViImington,.New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160, and 30' in width for 350' through a major modification of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greop Bodnar at the address above by 4u41ust7, 2021i• 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 ho objectiorrto the project as proposed. "Additional comments maybe attached" This agency has no comment on the proposed project. t 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 ��coppmments. PRINtNAME' K&k� > T)ir A AGENCY T1�r.1�c RECEIVED S E P 3 0 2021 SIGNATURE NIP SECTION MHD DATE '2 —"1�J2 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NC n,fb'.Mn1 dw��' 910.7ee.723 Y4. North Carolina Wildlife Resources Commission �N Cameron Ingram, Executive Director MEMORANDUM /w TO: Gregg Bodnar REMOVED Division of Coastal Management North Carolina Department of Environmental Quality SEP 3 0 2021 FROM: Maria T. Dunn, Coastal Coordinator (� P SECTION CTI O N NIND D Habitat Conservation Division , DATE: September 29, 2021 SUBJECT: CAMA Dredge/Fill Permit Modification of Permit No. 22-21 for Dellaine Risley, Dan Smith, and Elizabeth Lennon, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 2010, 2016, 2020, and 2028 Deep Creek Run adjacent the AiW W in Middle Sound near Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A- 100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.). The applicants propose to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for a distance of 160' and 30' in width for 350' through a major modification of Permit No. 22-21. These sites have an extensive permit and development history within the basin and access channel with the most recent permit issued earlier this year that authorized maintenance dredging of the basin measuring 395' by 24' to -5' MLW and a 510' by 10' wide access channel to -5' MLW. The current proposal expands the width of the entire channel causing the cut to be within 5' of coastal wetlands in the 20' expansion area. Excavation is proposed to be bucket to barge and taken to the disposal site at the Northeast New Hanover Conservancy at DA-228. The Middle Sound / AIW W in this area is classified SA ORW by the Environmental Management Commission and is open to shellfish harvesting. The NCWRC is familiar with the project through the most recent permit application process and through discussions with several state and federal agencies. The expansion of the channel was not proposed during the recent permitting process so several concerns regarding impacts to aquatic resources may not have Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 __. Page 2 been stated during the recent review. However, the current proposal increases impacts to aquatic resources significantly. These impacts can be minimized through modifications to the proposal. Generally, the NCWRC requests dredge distances be at minimum 10' from coastal wetlands. This distance may be increased due to sediment composition and final dredge depths to ensure side sloughing does not occur. Slide sloughing can compromise the stability of the channel and shoreline, further increasing the impact area of the project. While we prefer the narrower, already permitted 10' channel width, it is understood finding a dredge that can physically remove material for that narrow width has become difficult. Therefore, to minimize direct impacts to coastal wetlands, the dredge cut should be a box cut style channel with the edge a minimum distance of 5' from coastal wetlands. Even with this style dredge cut, impacts may occur to the immediately adjacent coastal wetlands. Increased boat wake from larger vessels than can access the newly enlarged channel may exacerbate wetland erosion. Monitoring the loss of wetlands within the area of the expanded channel with the commitment to restore or enhance coastal wetlands within the project area is encouraged. The other aspect of the modification request increases the width to 30' for 350', with a final depth of -6' MLW. The permit application did not clearly state a reason for this expansion other than it was similar the footprint from Permit No. 139-76. While similar dimensions may have been issued decades earlier, the importance of water quality, aquatic habitats and their conservation has been better understood and documented over the years. Vessel access would not be restricted if the width is not expanded to 30' since the requested 20' width in another portion of the channel would be the constraining width. Reduction of depth to -5' MLW would also not restrict vessel access due to the size and type of vessel that would utilize the channel and basin. The application did not provide information on historical dredge events, so no maintenance need was demonstrated; however, an increase of width from the permitted 10' to 20' would likely reduce maintenance event intervals. To summarize, the NCWRC requests the applicant minimize impacts to aquatic resources by reducing the width of the channel to 20' throughout the 510' access channel with final water depths of -5' MLW. This still provides channel width increase throughout the permitted channel footprint, thereby improving vessel access. To minimize direct impacts to coastal wetlands, the edge of the channel should be a minimum 5' from coastal wetlands with a box cut style excavation in these areas. Monitoring of wetland impacts should be done and remediation encouraged if erosion occurs. It is strongly encouraged all in -water work adhere to an April 1 — September 30 moratorium to minimize impacts to coastal wetlands, shellfish, and the overall water quality of SA ORW habitats during sensitive biological periods. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at mania. dunnAncwildlifc.ora REC IEL I V E D SFP 3 r ?C21 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION REQUEST 1. APPLICANT'S NAME: Dellaine Risley, Dan Smith, and Elizabeth Lennon c/o Greg Finch, Land Management Group PROJECT NAME: 2010, 2016, 2020, and 2028 Deep Creek Run 2. LOCATION OF PROJECT SITE: 2010, 2016, 2020, and 2028 Deep Creek Run, adjacent to the Atlantic Intracoastal Waterway, in Wilmington, New Hanover County. Boat basin and access channel : Latitude: 34.154916 N Longitude:-77.462019 W 3. INVESTIGATION TYPE: CAMA/D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 6/24/2021 Applicant Present - Yes 5. PROCESSING PROCEDURE: Office - Wilmington A lication Received 6/18/2021 1 DWR WQC Pre -filing date: I N/A No written concurrence required Application Complete 7/9/2021 1 Day 30 for WQC Pre ling NIA, No written concurrence re uired 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - N/A 8. (F) Type of Structures: Existing - Maintenance dredging of a private boat basin and access channel expansion with new dredging under an existing 4 slip docking facility to original depths. Planned - Expand existing dredge footprint. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: DREDGED FILLE OTWET (A) Vegetated Wetlands (Coastal Wetlands) (B) Non -Vegetated Wetlands (Open water 8,600 ftz (C) Other (Highground) Disposal Site -20,000 ftz (D) Total Area Disturbed: 28,600 W (-0.66 acres) (E) Primary Nursery Area: No (F) Water Classification: SA, ORW Open: Yes PROJECT SUMMARY: The applicants propose to expand the width of the authorized dredge footprint for the 510' access channel to 20'in width for 160' and 30' in width for 350' through a major modification of State Permit # 22141EC E IVED JUL 14 2021 DCM-MHID CITY 2010, 2016, 2020, and 2028 Deep Creek Run Major Modification Page 2 9. PROJECT DESCRIPTION: The project site is located at 2010, 2016, 2020, and 2028 Deep Creek Run adjacent to Middle Sound, near the City of Wilmington, New Hanover County. The project site can be located from NC HWY 17 (Market Street) by traveling north on Market Street to Middle Sound Loop Road. Turn right onto Middle Sound Loop Road and proceed through the traffic circle at Ogden Elementary and continue to travel north approximately 1.8 miles until you reach Mason Landing Road. Turn left onto Mason Landing Road until you reach Deep Creek Run, which will be located on the right. Turn right onto Deep Creek Run until you right the property of interest. The joint project sites are approximately 9.62 acres in size composed of 4 parcels. There is approximately 486 feet of shoreline within the basin. The applicant's parcels are currently maintained as single-family residences. The adjacent property to the north is a commercial docking facility, Mason Harbour Boatslip Coa Inc, formerly Johnson Marine and adjacent properties to the south are residential home sites. The highground is vegetated primarily with maintained lawn grass and ornamental landscaping. The elevation of the high ground area of the properties averages approximately 10 feet above normal high water (NHW). The properties border a small, shared boat basin, measuring approximately 60 feet across and 400 feet in length which connects to the AIWW. Located between this channel and Middle Sound/AIWW is a band of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina aftemiBora), which measures approximately 200 feet in width. The AIWW is approximately 634 feet in width at this location. See sheet 1 of 11 for parcel identification within the project area. There is extensive permit history associated with the boat basin and access channel primarily tied to 2028 Deep Creek Run, formerly 2023 Turner Nursery Road. State Permit #139-76 was issued on 8/6/1976 authorizing excavation for the boat basin with dimensions of 100' by 125' and access channel dimensions of 400' by 30', both at a depth of -6' MLW. This permit was renewed twice. The last renewal had an expiration date of April 30, 1981. Aerial photography indicates that the project was maintained sometime between 1978 and 1984. Additionally, State Permit #107-98 issued October 8, 1998 also authorized maintenance dredging for the basin in front of the property and the access channel. The authorized dimensions of the basin at that time were 80' x 85' to a depth of -6' MLW. Authorized access channel dimensions were 480' x 15' (bottom width) to a depth of -6' MLW. This permit was modified several times, including a modification authorized on June 12, 2003 to expand the access channel dimensions to 150' x 20' (width) to a depth of -2' The applicant is requesting a major modification of the most recent State Permit #22-21 which was issued on February 25, 2021 to widen the permitted access channel per the historical permitted dimension. State Permit 22-21 authorized maintenance excavation of a boat basin measuring 395' by 24' (9,480 ft2) by -5 feet below MLW, an access channel measuring 510' by 10' (5,100 ft2) by -5 feet below MLW connecting to the USACE, and new excavation under a private docking facility located at 2010 Deep Creek Run measuring 82' by 51.5' (4,223 ft2) by -2.5 feet below MLW. The applicant is requesting a major modification to the authorized access channel width. Since the authorization of State Permit # 22-21 the 2016 and 2020 Deep Creek Run parcels were sold to Dan Smith, the owner of the southern adjacent parcel,1970 Deep Creek Run. Adjacent neighbor notification was sent to the next parcel south. Each parcel within the project site has various permit history detailed in the Field Report for State Permit # 22-21. The current New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of Middle Sound/AIWW are classified SA-ORW by the Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. DECEIVED JUL 14 2021 fDCM-MHD CITY 2010 2016, 2020, and 2028 Deep Creek Run Major Modification Page 3 PROPOSED PROJECT: The applicants propose to expand the width of the authorized dredge footprint for the 510' access channel to 20'in width for 160' and 30' in width for 350' through a major modification of State Permit # 22-21. The proposed expansion of the access channel excavation would be split into two sections of different widths. The dimensions of the landward section of the access channel bordered on both sides by marsh grass would be 160' in length expanding from 10' to 20' in width (which is an increase of 1,600 ft2 from the previously authorized footprint for a total of 3,200 ft2) to an average depth of -5' MLW consistent with the dimensions authorized in the June 2003 modification to State Permit # 107-98. The waterward section of the access channel would expand the authorized dimensions to 350' in length expanding from 10' to 30' in width (which is an increase of 7,000 ft2 from the previously authorized footprint for a total of 10,500 ft2) to a depth of -6' MLW consistent with dimensions authorized in State Permit # 139-76. The permitted 10' wide access channel is too narrow for small excavation barges and the narrow channel would likely require more frequent maintenance. The proposed 160' by 20' section of the access channel bordered by marsh grass is approximately 36' wide from grass line to grass line at the narrowest point. The bottom dimension proposed is 20' wide with a 2:1 slope for a top dimension of approximately 25' wide. The original permit condition states: "No excavation shall take place within 10 feet of any Coastal Wetlands". This modification would result in excavation 5.5' from Coastal Wetlands for approximately 160 linear feet. During the June 24"h low tide site visit no SAV was found in the vicinity of the project area. The second section of the access channel proposed to measure 350' by 30' to a depth of -6 MLW is not constrained by Coastal Wetlands and no SAV was noted in the vicinity during the site visit. The applicant proposes to mechanically excavate an additional 8,600 sq. ft. or 1,754 cy of dredge spoil; that would total approximately 27,403 sq. ft. and 5,135 cy if added to the already permitted spoil volume. The material would be removed using the bucket -to -barge method and then taken to a disposal site at the Northeast New Hanover Conservancy, which is located on DA-228 to be placed outside the USAGE right-of-way. According to the applicant an area approximately 200' by 100', or 20,000 ft2 is allocated for this project. Impact summary: • State Permit # 22.21 authorized: Boat Basin = 395' x 24' x -5' MLW = 9,480 ft2 Access Channel = 510' x 10' x .5' MLW = 5,100 ft2 Docking Facility = 82' x 51.5' x -2.5' MLW = 4,223 ft2 • Proposed Major Modification Impacts: Access Channel =160' x 20' x -5' MLW = 3,200 ft2 _Access Channel = 350' x 30' x -6' MLW=10,500 ft2 13,700 ft2— 5,100 ft2 (previously authorized) = 8,600 ft2 additional Impact 10. ANTICIPATED IMPACTS: The proposed expanded dredge footprint would impact approximately an additional 8,600 ft2 of previously excavated (based on historical permits) shallow bottom area using mechanical dredging. An estimated 1,754 cy of additional spoil material would be removed and placed outside the 75 ft AEC, on existing spoil island, DA-228 outside of the USACE right-of-way. The spoil disposal location is the same location authorized in the original permit and is owned by the Northeast New Hanover Conservancy. The spoil material would impact approximately 20,000 ft2 of highground. The project area consists of open water with no impacts to Coastal Wetlands, however, in a few locations Coastal Wetlands are within 5.5' of the proposed excavation cut forthe access channel. Condition 5 of State Permit 22-21 proposed for modification says "No excavation shall take place within 10 feet of any Coastal Wetlands". There appear to be no SAV present in the project area. Minor increases in turbidity should be expected during construction. DECEIVED Submitted by, Katharine Elks Date: 7/14/2021 Office: Wilmington JUL 14 2021 DCM-MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located on the Atlantic Intracoastal Waterway at 2010, 2016, 2020 and 2028 Deep Creek Run in Wilmington, New Hanover County. Waters in the project area are classified as SA, ORW and are not open to shellfishing. The project is not located in Primary Nursery Area. Joseph Johnson was issued CAMA permit H 139-76 and USACE SAWKS75-65-23-229 authorizing the maintenance dredging of the existing basin and channel (Appendix B). CAMA permit #139-76 authorized a 30' wide, 400' long channel to -6 MLW and was active until April 30, 1981. The second and last renewal of this permit limited the channel to a 20' width. Historical aerials (Appendix A) show a well-defined channel connecting to the USACE Navigation Channel and support the historical permits and dimensions. CAMA permit #107-98 authorized a 15'- wide channel to -6 MLW outside the mouth of the channel and to -5 MLW at the landward limit of the basin. CAMA permit #107-98 had several modifications, including the June 12, 2003 modification that authorized maintenance dredging of the access channel at a 20' width and the removal of 2' of material. This permit remained active until December 31, 2006, and maintenance dredging is clearly evident in the 2002 aerial (Appendix A) and supports the 20' width. Between 2002 and 2015 the project area experienced significant shoaling and the access channel and the basin were again restored to a -5 MLW depth, but the access channel was only dredged to a 10' width. Current water depths within the access channel range from just less than -1' MLW to -2' MLW until they begin to taper down to the deeper waters of the USACE Navigation Channel. The currently permitted project has not been dredged since contractors contacted for bids to perform the 10'-wide channel maintenance indicated the inability to perform the work during a large portion of the tide cycle due to the existing water depth and their smallest barge size. With the retirement of the only local contractor with a bucket -to -barge small enough to construct such a narrow channel, there are no reasonable options to maintain the channel at the currently permitted width. 3.1.2 Proposed Action There is no upland work proposed. Based on the historical permit materials and supporting aerials, maintenance dredging of 350' of the access channel beyond any adjacent coastal wetlands is proposed to the original 30' width and -6' MLW depth. The proposed 160' x 20' portion of the access channel that is adjacent to coastal wetlands is proposed to -5 MLW and consistent with the 2003 modification. The approximately 2,350 cubic yards of excavated material will be placed on DA-228 outside of the USACE right- of-way along and adjacent to the existing dike. It is understood that a consent agreement must be obtained prior to crossing the USACE right-of-way to place spoil material. See Appendix C for details. RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED Application for a Major Modification to CAMA Permit 22-21— June 2021 a IV i v 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina UCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mr. Donald van der Vaart 1827 Register Lane Wilmington, NC 28411 Dear Mr. van der Vaart, NORTH CAROLINA Environmental Quadty October 28, 2021 This letter is intended to notify you of the issuance of a CAMA Major Modification to Permit No. 22-21 for proposed development by Dellaine Risley, DJM-NC LLC, Andrew Smith and Elizabeth Lennon, located at 2010, 2016, 2020 and 2028 Deep Creek Run, near Wilmington, in New Hanover County. The proposed project consisted of increasing an existing dredge footprint of an existing basin and access channel to the AIWW. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit modification for reference. If you wish to contest our decision to issue this permit, you may file a request for a Third -Party Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission will consider the case and determine whether to grant your request to file a Contested Case Hearing in the Office of Administrative Hearings. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. More information about this process as well as the forms are available on DCM's website, here: httos://deg.nc.izov/about/divisions/coastal- management/coastal-management-nermits/variances-appeals If you would like to discuss the specifics of the process, please feel free to contact DCM legal counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebel(a)mcdenr.aov Sincerely, Gregg Bodnar Assistant Major Permits Coordinator CC: DCM Wilmington, via email DEQ Asst. GC Christine Goebel, via email Mr. R. Robert El-Jaouhari, Esq., via email North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, October 28, 2021 9:13 AM To: Robert El-Jaouhari Cc: Elks, Katharine B; MacPherson, Tara; Pietila, Tanya K; Goebel, Christine A Subject: Risley et al CAMA permit notification Attachments: 22-21 MM Risely et al..pdf; Risley et al. (van der Vaart) v CG.pdf Morning Mr. El-Jaouhari, As a representative of Mr. and Mrs. Van der Vaart, and per your request, please see above for notification of the issuance of the above referenced CAMA permit. The original notification along with a copy of the permit will be mailed to Mr. and Mrs. Van der Vaart as well. Regards, Gregg D_EQ� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 Bob 2808 ext215 (Office) GrgEg.Bodnar@ncdenr gov Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. AECEIVEQ July 30, 2021 Via Certified Mail AUG 0 2 2021 �r O ' NCD6Q WIIMINGTON RO Ms. Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Dear Ms. Elks: I was contacted as an adjacent landowner by Risley Rv Trust, Dan Smith, and Elizabeth Lennon regarding their application for a major CAMA permit modification, At this time, I must oppose the action primarily because I do not have enough information to make an informed decision. In particular, I am concelned that this modification is for work that may be part of a larger project. Some time ago, I received anothe7 notification from the owner of part of the property that is the subject of the current application. That notification was for a minor modification to move a retaining wall/bulkhead. My response to that request was that I did not oppose the action, but I cautioned the.applicant that if the work on their bulkhead was part of a larger project, the movement of the wall may actually be part of a major modification. Since then, a house has been demolished, and significant site work has occurred. Now I received the request for dredging at the waterfront of this property. I am left wondering whether this is simply the next step of a larger project. If more work is contemplated, I am unable to consider the project as a whole. Without the true intentions I cannot make an informed decision as to the impact on the natural resources in this area. Please feel free to contact me if I have gotten thjs wrong or if more information becomes bald van der Vaart 1827 Register Lane Wilmington, NC 28411 RECEIVED AUG 3 2021 M? SECTION MMD Bodnar, Gregg From: Elks, Katharine B Sent: Tuesday, August 3, 2021 5:04 PM To: vd.vaart@att.net Cc: Bodnar, Gregg; MacPherson, Tara Subject: Deep Creek Run Major Mod. RE: [External] CAMA applications Hello Dr. van der Vaart, I have included Gregg Bodnar, Assistant Major Permit Coordinator on this email so your concerns will be included in the project file. 1 believe this project is still in agency comment period. The issues with the CAMA minor permit for the former Allison property, 1970 Deep Creek Run, were brought to the attention of New Hanover County who administers our minor permit program and they coordinated with the property owner and site contractor in January of this year to get it worked out. There was no permit issued for a new or replacement bulkhead. I will contact the property owner, Dan Smith to verify and inspect as needed. I will send the other pending applications in a separate email. Thank you, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910)796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 RM-5:��W"Cwv Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: vd.vaart@att.net <vd.vaart@att.net> Sent: Tuesday, August 3, 20214:00 PM To: Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: [External] LAMA applications CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Katharine: Thank you for your call earlier today. It was very helpful to speak with an expert. In my earlier comments I noted that I was concerned that the project as applied for is incomplete. I noted that I had already warned the owner of the Allison property that their proposed move of a bulkhead, while in itself perhaps a minor modification, would actually have been part of a major modification if ultimately more land disturbance occurred. It appears that more land disturbance did occur without being authorized. Now a group of landowners are asking to widen their boat channel. One of the applicants appears to be the owner of the Allison property. NCGS 143-215. 1 (b)(4)b.2 requires applicants to be in substantial compliance before being granted permits. My concern is that at least one applicant, Mr. Dan Smith, may have not complied with CAMA during his earlier work on the Allison property. As to the specific work requested in this particular "phase" of the owners' intended work, I am concerned that the expansion of the channel from 10 to 20 feet will necessarily disturb sections of submerged aquatic vegetation that has grown up over the years since these applicants allowed their previous permits to expire. I believe the application lacks detail regarding impacts of the expansion. It is also not clear that the owners could comply with their permit once they expanded the channel. As before, I continue to object to this work at this time. Additionally, would it be possible to send any other applications that are active for this area? Thanks, again, for your help. Donald van der Vaart NEED UPDATED PERMISSION DAVEY# Deep Creek Road Dredging 2 messages Dortch, Andy <adortch@lmgroup.net> To: bushardt@bellsouth.net Cc: Greg Finch <gfinch@lmgroup.net> Dortch, Andy <adortch@lmgroup.net> Fri, Aug 28, 2020 at 8:26 AM Greetings Paula, Hope all is well. I am writing to request authorization for disposal site use in association with the Deep Creek Road Dredging Project. Specifically, we are requesting a one time authorization for placement of approximately 3,400 cubic yards of dredge spoil derived from Deep Creek Basin and ICWW. A site location map and plan is attached. If agreeable, an emailed response granting authorization will suffice for permitting purposes. Thank you, and let us know if you have any questions. Andy Dortch i Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP i DAVEA cnm{Vny fl Deep Creek Run Figures 2020-8-21.pdf 11240K bushardt <bushardt@bellsouth.net> To: "Dortch, Andy" <adortch@lmgroup.net> Andy, You have the conservancy's permission to use our dredge spoil island. Paula Bushardt President Northeast New Hanover Conservancy [Quoted text hidden] Fri, Aug 28, 2020 at 12:33 PM RECEIVED 'JUL 14 20L'1 DCM-MHD CITY DECEIVED JUN 18 2021 DCM WILMINGTON, NC NOTES:. I. SPOIL DISPOSAL MAP FROM MARITECH. 2. NOT A SURVEYED OR ENGINEERED DRAWING. RECEIVED 'JUL 14 2021 CCM-MHL) CITY RECEIVED JUN 1 DCM WILMINGTON, NC FO Proletl Dale: Revielon Dale: Deep Creek Dredging 10120019 12111Yd019 Stele. Job NurMer. Tine As Nded LMG20.190 Spoil Disposal Drawn By Sheet Number: Area WAD 1 of 1 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Elizabeth Lennon Mailing Address: Phone Number: Email Address: 2028 Deep Creek Run Wilmington, NC 28411 bethlennon@mac.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: maintenance dredging at my property located at 2028 Deep Creek Run, Wilmington NC 28411 in New Hanover County. / furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: C IiOCWsPAGKOX/ aaeTp QrnC W3>1301 "Z W EDT W9Y�iSUQ{CGN 9QQH Signature Elizabeth Lennon Print or Type Name Owner Title 08/27/2020 Date This certification is valid through 12 131 12021 RECEIVED JUL 14 2021 L)CM-MHD CITY DECEIVED JUN 1 8 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized Dellaine Risley 2010 Deep Creek Run Wilmington, NC 28411 djrisley@gmail.com Land Management Group Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: maintenance dredging at my property located at 2010 Deep Creek Run, Wilmington NC 28411 in New Hanover —County. Y I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: dedooa'el"M �e FE11 4 Z0 iWDA4 Rk Di O 4ZBCWDMNEYQ Signature Dellaine Risley Print or Type Name Owner Title 08/27/2020 Date This certification is valid through 12 131 /2021 RECEIVFD JUL 14 2C?i DCM-MHI3 CITY RECEIVED JUN 1 S 2021 DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: DJM-NC, LLC c/o Dan Smith Mailing Address: 2016 Deep Creek Run Wilmington, NC 28411 Phone Number: Email Address: Dan@shp2.com I certify that I have authorized Land Management Group Agent t Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: maintenance dredging at my property located at 2016 and 2020 Deep Creek Run, Wilmington NC 28411 in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: 3 vz� Signature Dan Smith Print or Type Name Owner Title r I Date This certification is valid through 12 131 12021 RECEIVED JUL 14 2021 UCM-MHD CITY RECEIVED DCM WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Andrew J Smith Mailing Address: 2016 deep creek run Phone Number: Email Address: 9102001959 Andrew@smithtahoe.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: maintenance dredging at my property located at 2016 Deep Creek Run in New Hanover County. I furthermore certify that / am authorized to grant, and do in fact grant. permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Andrew Smith Print or Type Name Owner Title 10/20/2021 Date This certification is valid through 6 /30 /2022 RECEIVE® OCT 2 1 2021 MP SECTION WD Book 6476 Page 834 BK: RB 6476 IIIIIIIIIIIIIIIIIIII�IIIIIII11IIIly 838 RGCOORDED. 2021037667 07-30-2021 NEW HANOVER COUNTY, NC NSTFTEOFNG 02:19:17 PM TAMMY THEUSCH PNER REAL ESTATE BNSTEPHANIEPERFZ REOISTEROFOEEDS EXT%smom DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $3,200.00 Parcel Identifier: R04500-004-004-000 Verified by New Hanover County on the _ day of 2020 By: Mail/Boxto: W%ck4own Law "7a65•V4r1cj41}sviIle gve,51e 313,11" 1&IC 27H63 This instrument was prepared WITHOUT TITLE EXAMINATION by: Lee Kaess, PLLC Brief description for the Index: THIS DEED is made this M day of July, 2021, by and between GRANTOR DJM-NC, LLC a North 'Carolina limited liability company 1838 Sir Tyler Drive, Ste. 210 Wilmington, NC 28405 GRANTEE ANDREW SMITH and wife, JORDAN SMITH 2016 Deep Creek Run Wilmington, NC 28411 The designations Grantor and Grantee as used herein shall include the parties, and their successors and assigns WITNESSETH: Grantor, for valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple all those certain lots or parcels of land situated in New Hanover County, North Carolina and more particularly described as follows: RECEIVED SEE ATTACHED "EXHIBIT A" 0 CT 2 1 2021 RIP SECTION MHD Book 6476 Page 835 n All or a portion of the property herein conveyed( ) includes or (X ) does not include the primary residence of Grantor. TO HAVE AND TO HOLD the above described property and all privileges and appurtenances thereto belonging to Grantee in fee simple. And Grantor covenants with Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple; that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions stated, if any: 1. Ad valorem taxes for 2021 and subsequent years; 2. General utility service easements and rights of way of record; 3. Matters shown on maps recorded in the local County Registry; 4. Applicable local, county, state or federal government laws -or regulations relative to environment, zoning, subdivision, occupancy, use or construction of the subject property; and 5. Notwithstanding the foregoing, no warranty is provided as to Tract 2 on Exhibit A. [SIGNATURE APPEARS ON FOLLOWING PAGE] a � _ R Hook 6476 Page 836 IN WITNESS WHEREOF, Grantor has duly executed the foregoing as of the day and year first above written. DJM-NC, LLC, a North Carolina 0 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Company I certify that the following person, Daniel E. Smith, personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose stated therein and in the capacity indicated. This i2 ' day of July, 2021. #AURAA PA1TON Notary's Signature Notary Public - North Carolina f� New Hanover County 1 \ MI Lk� A-. PQ; h� My Commission -OW Expires Apr 5, 2024 Print/Type Notary's Name ry' n. My Commission Expires:,1 (SEAL) RECEIVE® OCT 2 1 2021 MP SECTION MHD Book 6476 Page 837 TRACT 1 BEING ALL ofTract "B-R' containing 1.59 acres more or less depicted on that plat entitled "Map ofRecombination for DJM-NC, LLC of R.H. Walker Estate" prepared by Bateman Civil Survey Company and recorded in Map Book 70 Page 6b , of the New Hanover County Registry, to which map referenced is made for a more particular description. Together with and subject to thar certain Declaration of Easements, Covenants and Restrictions recorded in Book Page "Z of the New Hanover County Registry. TRACT 2 (GRANTOR PROVIDES NO WARRANTY ON TITLE TO TRACT 2) BEGINNING at a point, said point being the easternmost boundary comer of Tract "B" as recorded in Map Book 38, at Page 326, in the New Hanover County Registry, thence from said point of beginning south 42 degrees 13 minutes 20 seconds east a distance of 416.13 feet to a point in the western line of the middle sound intracoastal waterway 1,000 feet right of way as recorded in Map Book 38 Page 326 in the New Hanover County Registry, thence following said right of way south 39 degrees 06 minutes 00 seconds west a distance of 53.14 feet to a point, thence leaving said right of way north 42 degrees 13 minutes 20 seconds west a distance of415.61 feet to the southernmost boundary comer of Tract "B" as recorded in Map Book 38, at Page 326, in the- New Hanover County Registry, thence following a cama line as recorded in Map Book 38, at Page 326, in the New Hanover County Registry, north 32 degrees 00 minutes 05 seconds east a distance of 22.16 feet to a point, thence north 45 degrees 42 minutes 12 seconds east a distance of 25.70 feet to a point, thence north 31 degrees 55 minutes 55 seconds east a distance of 5.73 feet to the point of beginning containing .50 acres more or less. R 8;l 11' C® OCT 2 1 2021 b'1111P SECT #Opj 6 ,4D Book 6476 Page 838 l GeJNTI'•N TAMMYTHEUSCH O PIVER New Hanover County ,�4 '? Register of Deeds Register of Deeds r 320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401 Telephone 910-7984530 - Fax 910-798.7716 M?etmit ####i\\ifi#\\iitt\\\fi\f iititit\i\tliitiiiltittiititiiitiititit ti iittlitift}i}}f iitti it}}i444444t411tf #Mitt State of North Carolina, County of NEW HANOVER Filed For Registration: 07/30/2021 02:19:17 PM Book: RB 6476 Page: 834-838 5 PGS $3,226.00 Real Property $26.00 Excise Tax $3,200.00 Recorder: STEPHANIE PEREZ Document'No: 2021037567 . iN\f\\iNt\ii\it\\\i iiH }\#i}i\t\tiiit�\#\N ttf H i\f iN ttif if ♦f\1f \il Hif itiiftif tf M\ti NtittttiliitN Nti DO NOT REMOVE! RE'•CEIV�{��y This certification sheet is a vital part of your recorded document. Please retain with original document and"avhmit when re-recording. OCT 2 1 2021 SECTION RPED ZQOX 04.71 rage 110Y ?� �S qogO BK: RB 6461 RECORDED66-1172 2021025616 05.21-2021 NEW HANOVER COUNTY, NC STATE TTEE OF i c 02:36:41 PM TAMMY THEUSCH PNER REAL ESTATE WANDREACRESWELL REOISTEROFOEEDS EXT%S320D0D ASSOSTANT GENERAL WARRANTY DEED REVENUE: $ 3,200.00 PREPARED BY:COLLINS & COLLINS LAW OFFICES, PLLC RETURN TO: Lee Kaess PLLC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PARCEL: R04500-004-019-000 Grantor's primary residence: YES WITHOUT TITLE EXAMINATION Prop. Address: 2020 Deep Creek Run Wilmington, NC 28411 THIS DEED made this�Lday of May, 2021, by and between Emmett C. Aldredge; Jr., And wife, Gail S. Aldredge, whose mailing address is 7 Beachbay Lane, Wilmington, NC 28411, hereinafter called GRANTOR, and DJM-NC, LLC, with a mailing address of 7 Thomas Drive, Cumberland Foreside, ME 04110, hereinafter called GRANTEE: The designation of Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and. by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near, NEW HANOVER County, North Carolina and more particularly described as follows: RECFIVF I ' RECEIVED JUL 14 2C21 SEE ATTACHED EXHIBIT'°A" JUN 2 3 ?Pi DCM WILMINGI ON Nt ,DCi\ii-MHD CITY nook 0401 rage 11/V The property hereinabove described was acquired by Grantor by deed recorded in Book 6096 at Page 1075, NEW HANOVER County Register of Deeds, North Carolina. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and . appurtenances thereto belonging to the Grantee in fee simple: AND the Grantor covenants -with the Grantee, that Grantor is seized of the premises in fee simple has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described in subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid Registry, 2021 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board -of Directors, the day and year first above written. GENERAL WARRANTY DEED: Gail S. Aldredge STATE OF L CONY OF I, S a Notary Public of the County and State aforesaid, certify that Emmett C. Aldredge, Jr. and Gail S. AIdredge, personally appeared before me this day and ackriowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this �> t day of klay, 2021. �\�al Notary'Public RECEIVED JUN 2 3 2021 RECEIVED DCM WILMINGTON. NC: JUL 14 2021 DCM-li HD CITY noox *Sol rage it ii EMBIT "A" BEING ALL of Tract A" of the R.H. Walker Estate as the same shown on a survey map prepared by 0: Douglas Jeffreys, PLS; dated January,16, 1999, and recorded in Map Book 38, at Page 326, of the New Hanover County Registry, to which map reference is made for a more particular description, and which tract includes the area between the northern and southern boundary lines of such tract extending to the high water litre of the adjacent waterway. The above described parcel of land is conveyed TOGETHER WITH a perpetual easement thirty (30) feet in width on, over and under the land shown as Tract "B" for the purpose of ingress, and egress and the installationand maintenance of utilities to Tract "A," the exact location of said easement being shown on the map recorded in Map Book 38, at Page 326, of the New Hanover County Registry. TOGETHER WITH of grantor's right, title and interest in and to all riparian rights relating to, vested in, or appurtenant to the tract described above. RECavr=0 JUL 14 2021 DCM-MHD CITY RECEIVED .IUN 2 3 202' DCM WILMINGTON, NC boOK 0401 rage life `0 NTY,ao TAMMY THIMSCH q� FIVER New. Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 • WH MINGTON, NORTH CAROLINA 28401 ' Telephone 910-798.4530 • Fax 910MO-7716 EE ►H►H►Hfi ffH ftf►Hiff►Hf fHf+f i aaf iff f 1aa►N►+ff►af►►fa►f NH+1HHfif afY►►i+of tsar• Y+M►Hf f+fa►►f MftY State of North Carolina, County of NEW HANOVER Filed For Registration: 05/21/2021 02:36:41 PH Book: RE 6451 Page: 1169-1172 4 PGS $3,226.00 Real Property $26.00 Excise Tax $31200.00 RECEIVED Recorder: ANDREA CRESWELL Document No: 2021025615 JUL 14 2021 ®CM-h1 HD CITY +++fa►►ffffrff r+rt►t■f+rrlitfrf+i►+►aYr+i+tiffs•►+fftf Yf+saYaaY►fiair+a++a Yaf+ia+fa+++it+tic+++►►►ir+fY►fief DO NOT REMOVE! This certification sheet is a vital ,part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED •JUN 2 3 2071 ZOOK om" rage 1A00 BK: RIB 6461 III �INBNINI�IIINNIgIIN PO: 1166-1188 RECORDED: 2021026614 NC FEE MOD 05-21-2021 NEW HANOVER COUNTY, Me STATEOOF NC 02:36:40 PM TANMY THEACH PIVER EREAL ESTATE ST' WAD BY: ANDREA CRESWELL REGMTEROFDEEDS ASSISTANT GENERAL WARRANTY DEED REVENUE: S 1,400.00 PREPARED BY:COLLINS & COLLINS LAW OFFICES, PLLC RETURN TO: Lee Kaess PLLC STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER PARCEL: R04500-004-004-000 Grantor's primary residence: YES WITHOUT TITLE EXAMINATION Prop. Address: 2016 Deep Creek Run Wilmington, NC 28411 THIS DEED made this day of May, 2421, by and between Emmett C. Aldredge, Jr., and wife, Gail S. Aldredge, whose mailing address is 7 Beachbay Lane, Wilmington, NC 28411, hereinafter called GRANTOR, and DJM-NC, LLC, with a mailing address of 7 Thomas Drive, Cumberland Foreside, ME 04110, hereinafter called GRANTEE: The designation of Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in or near, NEW HANOVER County, North Carolina and more particularly described as follows: ,ECElVEI) JUL 14 2021 SEE ATTACHED EXHIBIT "A" RECEW 1 JUN 2 3 20!' DCM WILMINGiON `C DCM-MHO CiTy noon oral rage lino The property hereinabove described was acquired by Grantor by deed recorded in Book 5780 at Page 363, NEW HANOVER County Register of Deeds, North Carolina. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges'and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.. Title to the property hereinabove described in subject to the following exceptions: Restrictive covenants, easements and rights of way as may appear of record in the aforesaid Registry, 2021 ad valorem taxes and all applicable zoning and land use ordinances. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, has caused this instrument to be signed in the corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. GENERAL WARRANTY DEED: d� AL) Emm.** C. Aldredge, Jr. EAL) Gail S. Aldredge STATE OF _ COUNTY OF I, ', a Notary Public of the County and State aforesaid; certify that Emmett C. Aldredge, Jr. and Gail S. Aldredge, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my )r seal, this day of May, 202;1, 1 t n d\ Notary Public RECEIVED RECEIVED JUN 2 3 202' JUL 14 2021 DCM WILMINGTON, NC DC�A- MD CITY mQax 0401 rage Ai01 EXHIBIT "A" TRACT BEING ALL of Tract "B" of the R.H. Walker Estate as 'the same is shown on a survey map prepared by G. Douglas Jeffreys, PLS, dated January 16, 1999,, and recorded in Map Book 38, at Page 326, of the New Hanover County Registry, to which map referenced is made for a more particular description, subject, however, to a perpetual easement thirty (30) feet in width on, over, and under the said Tract `B" for the purpose of ingress and egress and the installation and maintence of utilities to the neighboring tract "A", the exact location of said easement being shown on the map recorded in Map Book 38, at Page 326, and Map Book 7, at Page 61, of the New Hanover County Registry. TRACT 2 (Grantor provides no Warranty on Title as to Tract 2) BEGINNING at a point, said point being the easternmost boundary comer of Tract `B" as recorded in Map Book 38, at Page 326, in the New Hanover County Registry, thence from said point of beginning south 42 degrees 13 minutes 20 seconds east a distance of 416.13 feet to a point in the western line of the middle sound Intracoastal waterway 1,000 feet right of way as recorded in Map Book 38 Page 326 in the New Hanover County Registry, thence follosing said right of way south 39 degrees 06 minutes 00 seconds west a distance of 53.14 feet to a point, thence leaving said right of way north 42 degrees 13 mintues 20 seconds west a distance of 415.61 feet to the southernmost boundary corner of Tract "B" as recorded in Map Book 38, at Page 326, in the- New Hanover County Registry, thence following a cama line as recorded in Map Book 38, at Page 326, in the New Hanover County Registry, north 32 degrees 00 minutes 05 seconds east a distane of 22.16 feet to a point, thence north 45 degrees 42 minutes 12 seconds east a distance of 25.70 feet to a point, thence north 31 degrees 55 minutes 55 seconds east a distance of 5.73 feet to the point of beginning containing .50 acres more or less. RECEIVED RECEIVE(', JUN 2 3 20?1 JUL 14 2021 DCM WILMINGTON. NC DCM-MHD CITY noon oaai rage iioc tliY. TAMMYTHEUSCH PIVSR New Hanover County o . °9 Register ofDeeds Register of Deeds 320 CHESTNUT ST SUITE 102 a WMMINGTON, NORTH CAROUNA 28401 Telephone 910-798.4530 f Pax 910-798.7716 Hf #f f �f Hrf #Mist+f Hrrtf as##if f ##4aaN MfHtYf #f NY�f iff 4+Yf tY if f fff #+f N+R f f4f iftHRf 4#44faaaa4ai Nf •if14 State of North Carolina, County of NEW HANOVER Filed For Registration: 05/21/2021 02:36:40 PM Book; RB 6451 Page; 1165-1168 4 PGS $1,426.00 Real Property $26.00 Excise Tax $1,400.00 Recorder: ANDREA CRESWELL, DOOU:aent No: 2021025614 f+#M#M of rftaY###rHtaaf M#MtrMM##aa•itsrr#fa K#aMMif#t+#+H+f r#r Yaaarf+raff#rf a#a##rt+#r Ma#fYM#MM DO NOT REMOVE This certification sheet is a vital part of your recorded document. please retain with original document and submit when re-recording. RECEIVEC7 RECEIVED lUN 2 3 7.02' JUL 14 2021 UVNI VVILIVIII OCC i�-MHD CITY 1462 1190 R187URM TO. Naraha Shaw, N. C. Dept. of Justice, (919) 256-6718 STATE OF MGM G&HOLINA REV HANOVER COUNIT IN HE CLAIM OF R. N. Walker and wife, Ruth S. Walker TAKE NOTICE: TAX I.D. NO. DECLARATION RESO=IOM CGiN 1rl SO 1. Pursuant to G.S. 113-205. 113-206 and the miss promulgated thereunder. the Secretary of the North Carolina Department of Natural Resources and Community Development. through his doefgmea, the Director of CAa Division of Marine Fisheries, has issued a final resolution pursuant to C.S. 113-206 and 15 HCAC IN.0103 concern - lag the suhmerged land claim originally filed by R. H. Walker and wife, Ruth S. Walker. 2. The lands subject to this final resolution are limited to thoso submerged lands which were clalaed by R. H. Welker and wife, Ruth S. Walker pursuant to C.S. 113-205 and are descrlbod'nore fully in the following: Deed Book 599 Page 334. New Hanover County Register of Deeds 3. As the successor in interest to the original claimant, R. H. Walker and 27 wife, Ruth S. Walker, the current claimant, R. H. Walker, asserted title to the submerged lands covered by the claim. 4. The interest now claimed by R. H. Walker in, the lends described has been denied. This final resolution does not offset or impair the common law. riparian or littoral rights running with lands located above the Wean high water mark. - 5. Notice of this final resolution has been duly served on R. H. Walker by certified mail. 6. The Secretary directs that this declaration be recorded under R. H. Welker In the grantor index and cross-indexed under the State of North Carolina in the grantee index in the NEW HANOVER County Register of Deeds - This the )th day of July ' , 19 E9 _ WILLIAM W. COBEY. JR: secretary By: Dr. Villim T. Hogarth, Director North Carolina Division of Marine Fisheries Departmeat of Natural Resources and Community Development Pursuant to 15 NCAC 1H.0103(3) RECEIVED' JUL. 14 2021 s�vaa� DCM-MHD CITY R510EIVED JUL. 0j 2021 DCM YVII.MINGTON, NC Eon PAPA 1462 1191 THIS INSTRUMENT APPROVED AS TD FORM IT TNN ATIOLM GEOUL'S OFFICE LACY M. TNOmm Attoraay Cameral w By: staht Attormay Ce 1 At)JNA ^— NOUNA' COONIY I. jA A'!a- L_ 1 LIiA444 A Notat Public, In and for the Said County and State, do hereby certify c t Dr. VLIlLm T. Hogarth personally known to r. paraom- ally appeared before me this day in said County and Seta and duly aeknooledgmd the dum esepution of the foregoing Inattuesnt of writing for the Purpose. Herein �rwq'44. Vitae.. vy hand and of seal, this the 7th day of JULY. 1969. p�� ,nI�AAe S�k;' Notary ablic, NORTH CAROLINA COUNTY STATE Of NORTH CAROLINA The foregoing certificate of ThNew Heaven C." Public of County, State of t e yo,egmttg/Atuwrtd Cemfiaee(s)d correct. This instrument vas presented for regi recorded in the office of the Register of Deeds nt .,;pabNcb/a �g� Carolina in book _ Page _. b4omatL This _day of This the �O day of 19A K' RdtaoCP!7aobw. af4ctdt RECEIVED JUL 14 2021 DCM7MH'D CITY RECEIVED JUL 01 202" UCM WILMINGTON, NC TAMMY THEUSCH tp`ouN tY HER BEASLEY New Hanover County r Register of Deeds Register of Deeds s 216 NORTH SECOND STREET f WILMINGTION, NORTH CAROLINA 28401 i IJ Telephone 910-798-4530 f Fax 910-798-7751 is ft444t#lft4tf Rtitff 4f4fffffR4ttffttfftf 4tftft4}4#RR1f1ff444RRtftRflff4RRRRlRRf4ffifkftfffffttRfffffi}t•#ffR## State of North Carolina, County of NEW HANOVER Filed For Registration: 12/14/2015 04:45:58 PM Book: RB 5937 Page: 565-570 6 PGS $5,026.00 Real Property $26.00 Excise Tax $5,000.00 CEIV'E!D Recorder: CAROL HUGHLEY RE Document No: 2015037786 ►JUL 14 t;}?1 OCM-NIHU CITY f fl if tfftf #off lfff•1MitiffftMttlHtHHft•Ht4##•ffflfl}tttf tt4f if HftR H#Nf fHfff##t#tRf f ••}H4RNf•tfff DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED DCM WILMINGTnN NC l� 12I111�8�1��IIIIIi�'Irll�llallll' iFOR REGISTRATION REGISTER OF DEEO' JENIFER H NACNEISH NEN NANOVER COUNTY NC 2012 NOY 0103 12 00 PA 8H 5685 PG 12704273 FEE 126 00 III�iRII�Vi t 2012038BI4 RETURNTO This instrument was prepared by Parcel NR04500-004.003-000 *deffrev W Porter. Attorney at Law Revenue Stamps S - 0 - WITHOUT TITLE: SEARCH STATE OF NORTH CAROLINA QUITCLAIM DEED COUNTY OF NEW HANOVER THIS DEED is made and entered into this 1 day of 40.4 -1, , 2012, by and between JOSEPH H JOHNSON, JR and wife ANN W JOI INSON, 2028 Deep Creek Run, Wilmington, NC 28411 C-GRANTORS"), and ELIZABETH A LENNON, 1120 Market Street, Wilmington, NC 28411 ("GRANTEE."), WITNESwm That Grantors, for valuable consideration, the receipt of which is hereby acknowledged, have remised and released and by these presents do remise, release, convey, and forever quitclaim unto Grantee, and Grantees successors and/or assigns, all right, title, claim and interest of the Grantors in that parcel of land in the County of New I lanover, North Carolina, and more particularly described as follows Being all of the property identified by the above tax parcel identification number, by the address of 2028 Deep Creek Run, Wilmington, North Carolina, and being more fully described in the attached Exhibit A Being the same property conveyed by that deed recorded in Deed Book 1175, Page 0133, New Hanover County Registry Together with all easement rights, including by not limited to rights of access, over and across the roadway known as Deep Creek Run To have and to hold the aforesaid lot or parcel of land and all privileges thercunto belonging to Grantee, and Grantee's successors and/or assigns, free and discharged from all right, title, claims or interest of the Grantors or anyone claiming by, through or under Grantors IN WITNESS WHEREOF, the Grantors have executed this instrument on the day and year written above STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVCL JUN 18 2V DCM WILMIhtr.Tni I, oN,6 a Notary Public of the County and State aforesaid, certify that Joseph H Johnson, Jr find Ann W Johnson personally appeared before me this day and acknowledged the due execution of the foregoing instrument Wimess my hand and official seal thi Mycomnussion expires .iLL(-_1_1�17 NC ' rr �r �c r °ydoyo� vitae ontr5 y eM a�i�fthn y#}a�e j;,%je°jl►moaapDn N�1t4tttd�,t N#99C µµtQ ° �Q01 yy1FD�•q pAdp a�I�t•p�jybbp¢wCgp9400<0o�� � cdil�'Q' d� d�efOfimx�dDAR rl � ¢i��a�F�i N�� eANalot"tlPka °fio. 66aAm„.' YW Mmro fi7nNpmiLtdj0�fiM pltlN a041MYWp 8tl�+� �mamKpf OfAp�n0- 0 ppo W F+p to sd #r� F9r Gua +�F�* n4Sa Y• O,agC=eta°n�`x rBmMa�Q E 8 rrtt ?? 3�igg Idd M iedd�t up $µ Is, a tliOWH moa kY e g oh��adc� �oaa �w tv .a a tia Y d rH psp i6a n��p OYfia s rt,Aaa Wd Y MMMt�p14 OaWy�a`re° xdaas>gA °°MMp1{dfAl��pyfR h�It aid m�dRHY'0 diS►ar4�4Ama�C Qp�b'� , �710#0`,7�fA01Y•.���•Hs gp R Y de ♦ oaymNa. nQaait €mmaeppe�oe����Q�t4r�om a ■ tt apr S dAA tl q RIAgg� fi yy~•gnqoa • H aF�YF+�I�p. a0 A9I�Y•R la"i'ly I' I bmaaµµ Y M NY�o rt 6�ealA 0 r it rr1t�5 oR arv,w�°�°eSQO AA� nH rt0 OR :It• i! N• W a Aba a wax # M Ydd x aas�%p4&Q 04M �i st ���++g�� ° wH ��PEE•a}a}++ R#�rd M �a n ialO�AO�1 g I K91eP aKt�OH�y°QudYOlr$OfLNd9A�MAC�A°iyl+ ka aa0p yy�MH.°C�t"^aNnw am Np wr#r0e y jai. oa o45 00#mn0��or SP6 a}��n�ga Aa a}a�SSam,mrW�Gdl�tPm''yi0 k0• ailWp arya #� � R acagoe a� 'Qq4 LBNIr H >QMd / Aµ ##q OI�CW Ali Rd # ft 0 0 del+ Nit It f p#FnRtt0 °. R part a e g kn �m R°xp (Y�"rt14 p nµRR�og ya 0 0��MOM�13.0#a M`NQ4�FwiFA�HACe7 �I rt9 ¢ g�j � aL0ltI pa n '�' 4�a�°eW afar dy 0�gga, gqattoo t►aleiHw, ; d O rY # t�Nd ►� aka' M dIt ffYb'odtpOap01 94A �� diel$9 a00 etd .IOiR6$d�M anagp° .Nf.�},#fr4L�fldODl�apGa �As aiN 40g�S rtA O pigtatk o a I� Xro� � 6 O DNA Y wMp'7� I+ i ioFUn z a May m 'i 7 y A " I Ap p rh a p AS a A r Roaad to sueaa Vista beinS 0.2 miles South- wardly from the ,,��aatsr^*tion of the Bnena Vista Road with the Mlddlo Bound Loop Road, and said last po3aat of intersection being 2•.35 miles Bast at the intersection aS the KLadle Sound TAOp Road with V. S. 8igbnvaty A'o, 17, and ransaiag thence from said beginning point in said Dieigh- borhood Road north 61 degrees 05 minutes East 197 feet, thence Worth 57 degrees East 2-34 feet; thence Worth 42 degrees 43 =inures West 18 feet; thence South S7 degrees west 134 feet; thenoa South 61 degrees 05 minutes l"sae 197 Zest to the paid Meighbarhood Road; tbenca soutsa 33 degrees 30 minutes Bast with and along said Neighborhood Road 18 rest to the point of be- ginning_ SECOND TRACT; 132GYNN2NG a:t a red atone at high water mark of Middle Sound, said red stone being the second'eorner of a tract of marshland conveyed by the State Board of Bdu- cation to Mary D_ Cronly, September 19, 1932, and the beginning corner o8 a jot or land con- veyed by J. W. Rseves to C - J. Springer by deed dated January 28, 1922, recorded in Book 125, *age 19%, New Sanover County Magistry, and being the same red stona called for in the description of the lixiet tract contained in this 410". and running thence from said sad stone with the high water mark of the Sound, along the third call in the d&xcription of the first tract herein described, Merth 28 degrees 55 minutes Bast 170 feet to a new concrete • monument, it being the fourth corner of a lot Of land conveyed by %r. L. 6aait;h to S. Or. springer, by deed dated January 29, 1922, recorded in the records of NOW 8 novar OOUnty is Seek }}�„ at m page Igor thee South 43 degrees a50 minutes iapt $15 feet to a stake is the west line of the right-ot-way of the II_ S. Intra-coastal WftT:ex rays thence with the western Liras of the V. S. Intra-coastal water- way South 40 degrees IS minutes west ISO feat tc A stake in the 3.4.ao of traC:. formerly owned by May b. cronly, thence with the lime of the Crackly tract Xorth 41 degrees West 48S Peet to the beginning, containing 2.02 acres off marshland, all am Shawn on'a map designated as XV=bar $1, recorded in alzt Book Mo. 1 is the *Zgibs of -the State Superintendent of Public Instruation. RECEIVED RECEIVED JUL 14 2021 JUN 18 OCM-MHD CITY DCM WILMINGTON, NC JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 1ff;tf RlRR;fltRRif{1RRRRRRYitIRi RffRfftfltfffiffRf;lf{Rft1fRRRffflflfltYilftflr{ff RflRf{Rf1f If IRRf{ffffff{{flRfi1f;11RRtR Filed For Registration Book Document No. Recorder 11/0112012 03:12.00 PM RE 5885 Page 1270-1273 2012038044 4 PGS $26.00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover RECEIVE® JUL 14 ZO DCM.MHD CITY RECEIVED PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. JUN 18 IV' DCM WILMINGTON, NC *2012038044* "�a �t 2012038044 4*1 BK: RB 5937 gIII�I��III1nI�lllll l � PG' 585-570 2016037786 NG FEE$2600 RECORDED: 12-14.2015 NEW NANO SR� BOF�Us NC 8 rATE OF NC TAMMY REALESTATE EXTX ESDW OD 6YCAROLHUGHLEY REGISTEROFDEEDS DEPUTY Prepared by: DESC: 188 ac Waters if checked, the . Clark, Newton & Evans, P.A. property Includes the primary 509 Princess Street, PIN: R04500-004-006-000 residence of at least one of the Wilmington, NC 28401 REV: $ 1b06.00 Cr-- parties defined as Grantor 910.762.8743 RETURN TO: Calder Law (NCGS §105-317.2) NORTH CAROLINA SPECIAL WARRANTY DEED COUNTY OF NEW HANOVER THIS SPECIAL WARRANTY DEED, made effective the 14th day of December, 2015, by and between EDWARD AVERY BATES AND LAUREN BATES GALLEHER, AS SUCCESSOR TRUSTEES OF THE VIRGINIA AVERY REICH TRUST UNDER THE LAST WILL AND TESTAMENT AND CODICIL OF VIRGINIA H. AVERY DATED FEBRUARY 24, 1972 AND OCTOBER 3, 1975, RESPECTIVELY, Grantor, whose mailing address is: PO Box 11020, Wilmington, NC 28404, and, DELLAINE ANDERSON RISLEY, TRUSTEE OF THE DELLAINE ANDERSON RISLEY REVOCABLE TRUST DATED APRIL 13, 2012, AS AMENDED, whose mailing address is two 7Dr-&ss-/r CW;5k "N Wr�+�E�o���iiyt .1f ,Grantee, The designations Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell, and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as follows: BEING that tract or parcel of land located at the southeasternmost terminus of Deep Creek Run (SR 1406), and being identified as "1.88 +/- acres [5ad to JU�I 18 N A h4) Z01 DCM WILMINGTON, NC =1VIIYUCI9 Y H.W.L.) Edward Avery Bates and Lauren Bates Gallaher, as Successor Trustees" under the Last Will and Testament and Codicil of Virginia H. Avery dated February 24, 1972, and October 3, 1975, respectively, f/b/o Virginia Avery Reich, and referencing Book 3950, Page 724, all as shown on map entitled "Casa do Mar," recorded in Map Book / , Page 1 Ol , New Hanover County Registry, to which map reference is made for a more particular description. TOGETHER WITH any and all right, title, and interest in those lands subject to that Declaration of Final Resolution of Claim to Submerged Lands recorded in Book 1459, Page 1725, New Hanover County Registry, that recognizes a claim as to "regularly flooded estuarine marshland." TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under, or through Grantor, except for the exceptions hereinafter stated: 1. Ad valorem taxes for 2016 and subsequent years; 2. Liens and encumbrances of record, if any; 3. Rights of way and easements of record, if any; 4. Zoning and/or subdivision ordinances and regulations, if any; and 5. Restrictive covenants of record, if any. And further pursuant to North Carolina General Statute 36C-10-1013, the undersigned Successor Trustees authenticate and certify as follows: The Virginia Avery Reich Trust ("the Trust") was properly established by the Last Will and Testament and Codicil of Virginia H. Avery dated February 24, 1972 and October 3, 1975, respectively (herein collectively "the Will"). The Trust has not been revoked. Virginia H. Avery appointed North Carolina National Bank as Trustee of the Trust in her Will. Bank of America, N.A., as Trustee of the Trust, conveyed the above - described property to Edward Avery Bates and Lauren Bates Galleher, as Successor Trustees of the Trust by Trustee's Deed dated July , 2003, and recorded in Book 3950, Page 724, New Hanover County Registry. Edward Avery Bates and Lauren Bates Gallaher have not resigned or been replaced as Successor Trustees, nor has anyone else been appointed to serve as Co - Trustee. RECEIVED RECEIVED JUN 18 /07i JUL 1 ° 2021 DCM WILMINGTON, NC DCM-MHD CITY The Successor Trustees named herein are compos mentis, and The Trust contains the real property herein described, and under the Will the Successor Trustees have the power and authority to convey, without the joinder of another, the real property contained in the Trust, and said Will allows any person to deal with the Trustees and Trust property without inquiring into the authority of the Successor Trustees. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. THE VIRGINIAAVERY REICH TRUST UNDER THE LAST WILL AND TESTAMENT AND CODICIL OF VIRGINIA H. AVERY, DATED FEBRUARY 24, 1972 AND OCTOBER 3, 1975, RESPECTIVELY, BY: r/ -� G (SEAL) Edward A Wry[Yates, Trustee %L/ "&&"EAQ Lauren Bates Galleher, Trustee CONSENT: Q,g , r L� (SEAL) Virginia Avery Relchl RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED JUN 1 8 "t07 DCM WILMINGTON, NC NUJ AhaW-7,�r2- COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Virginia Avery Reich Date: December f 2015. [OFFICIAL SEAL] My commission expires: ii, Nota Notary Public Printed or Typed Name RECEIVED JUL 14 Z011 0C'M_Mp4D CITY RECEIVED JUN 18 202' DCM WILMINGTON. NC �jkt't) �2 COUNTY, NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Edward Avery Bates, Trustee Date: December �V, 2015. Notary Public [OFFICIAL SEAL] My commission expires: Notary's Printed or Typed Name � �G�� 0!Y [sl 0 .G- •2 COUNTY, NORTH CAF3.4INA I certify that the following person(s) personally appeareE! heipee\liie this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Lauren Bates Galleher, Trustee Date: December /y, 2015. Notary Public [OFFICIAL SEAL] 4 Notary's Printed or Typed Name My commission expires: ����Aze 0,,��i� RECEIVEC K �G�� •� �e \ CEIVED JUL 14 2021 %i��� ,,•,���`�� DCIWt-t+ mo CITY DCM WILMINGTON, NC 4LMG G a DAYEYIP mmpny June 18, 2021 MASON HARBOUR BOATSLIP COA INC. 7439 NAUTICA YACHT CLUB DRIVE WILMINGTON, NC 28411 To Whom It May Concern: Dellaine Risley Rv Trust, Dan Smith, and Elizabeth Lennon are applying for a Major Modification to CAMA Permit 22-21 for development activity on their property located at 2010, 2016, 2020 and 2028 Deep Creek Run, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B and C of the application may be delivered upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch@lmgroup.net Sincerely, Andy Dortch Land Management Group Enclosures www.lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 REC;?`1VF,D JUL 14 2e,' oCM-MHD CITY RECEIVED JUN 18 2021 UCM WILMINGTON, NC All ■ Complete Items 1, 2, and 3. A. signature{u ■ Print your name and address on the reverse X 0 Agent I �5r41 \ so that we can return the card to you. Addresses �+Sl� i ■ Attach this card to the back of the mallplece, a Received by (Pn! Name) C. Date of Delivery or on the front H space Permits. 1. Arll* Addr@@M = D. Is delivery, address dlgelent from Item 1? Yee t� V W-V if YES, erdw delivery address below: ❑ No i 82�j ��dS4er Lv� fuglr�tisv WC.. ZS�1t II�'III� IIII IIIIIIII I I IIIIII IIII I �II II'�I'll 9590 9402 6335 0296 5147 34 7020 2450 0001 5224 0758 I ps Form 3811, July 2020 PSN 7530-02-000-9053 �e TAM ❑ N011ty Mull Ev110e50 gnNue ❑ Re�e gi�otarod Mall'e ea gnatu® Rlrkled Delivery ❑ o%tated Mull Reatilcted I Mell ReWeteed Dellvery D Signature CanslmellonTM m Delivery ❑ Signature Confilmatlon Din Delivery Restricted Delivery ResMeted Delivery Mall Melf ReeWcted Delivery W, 1.0 Z vl 10i O Ocmeatld Return Receipt ieaZ. CIAVED r J U L 1 6 2021 , NIP SECTION i" HD USPSTMCMG# I I II sMellreC& FeaUPSa� Paid 1111111BOB PM 2 t� Pemdt No. G40 4590 940E 6335 0296 5147 34 United8tates •Sender., Please print your name, address, and 7IP+401n thla box* Postal Service L „ , w ,,, �� f v AV6 111110ill 111114111.1111t1IIIII II111111)11114111Ili11f1pIA1111 I 9 JUL 1 6 2021 MP SECTION MIHD t: V9/202i USPS.corr O- USPS Tracking® Results organizations as required by applicable law; incident to legal proceedings involving the Postal Service; to government agencies in connection with decisions as necessary; to agents or contractors when necessary to fulfill a business function or provide products and services to customers; and for customer service purposes. For more information regarding our privacy policies visit www.usps.com/privacypolicy_(https://www.usps.com p it vacypolicy) rn M1 0 S ru ru In 0 a c O 0 Ln rU O ru O rti Tracking History Product Information See Less /\ Can't find what you're looking for? v v Go to our FAQs section to find answers to your tracking questions. FAQs 10 � •• L9p© ry ru ee ru 7E)Id,RSI�A-I-R�M Ln &Fees (cMrk Cux a��Prlxn�4coP4 Sr�V(6OtmnO0Y nwdaw wlNC3me Re M 1 ❑I10ul1 Synn�ure PeetrkM pYMay� p Poelepe In S Total Poeuaea and ru S ru pO a fo.r- fY4u I RECEIVED JUL 14 2021 DCM-MHD CITY 60 AL 0.9 7.0?' DCM WILMINGTON. NC haps:lttools.usps.comlgo/TrackConfirmAction?tRef=fullpaae&lLc=2&lext28777=&lLabeis=70202450000152240765%2C&tABt=false 4/4 7/9/2021 USPS.com® - USPS Tracking® Results USPS Tracking® Track Another Package Tracking Number: 70202450000152240765 FAQs > Remove X This is a reminder to arrange for redelivery of your item before July 15, 2021 or your item will be returned on July 16, 2021. 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The address must match the original delivery address. *indicates a required field *First Name Don Sandy - *Last Name Van Der Vaart Company Name 'Street Address 1827 Register Ln Apt/Suite/Other M.I. RECEIVED JUL 14 2021 -city DCM-MHD CITY [Wilmington RECEIVED *State co m a Cr JUL 0 •i *ZIP Code' DCM WILMINGTON, NC htlps://tools.usps.com/go/rrackConfrmAcbon?tRef=fullpape&lLc=2&text28777=&tLabels=70202450000152240765%2C&tABt=false 214 7/9/2021' USPS.com® - USPS Tracking® Results NC - North Carolina 28411 'Phone 910-452-0001 'Email lorzechowski@lmgroup.net Select Redelivery Details for This Package 'Redelivery Type Please select a Redelivery type Additional Instructions -n (D m n Q d x 0 I have read, understood, and accept the Terms and Conditions (https://www.us[ts,comRerms-conditions/schedule-redeliveryhL) for Redelivery. RECEIVED Submit JUL 14 2021 DCM-MHD CITY Clear Form Privacy Act Statement RECEIVED �' jj 0 `I DCM WILMINGTON, NC Your information will be used to provide you requested products, services, or information. Collection is authroized by 39 USC 401, 403, & 404, Supplying your information is voluntary, but if not provided, we may not be able to process your request. We do not disclose your information to third parties without your consent, except to act on your behalf or rquest, or as legally required. This includes the following limited circumstances: to a congressional office on your behalf; to agencies and entities to facilitate or resolve financial transactions; to a U.S. Postal Service auditor; for law enforcement purposes, to labor https:/pools.USPS.cornIgorrraCkConfirniAclion?tRef=fullpage&tLc=2&text28777=&ILabels=70202450000152240765%2C&tABt=false 3/4 rCERTIFIED MAURECEIPT CERTIFIED , S U' t` p 0 o f� p /"Y L ly .�� Y $ I� /Ij n g l °Y o lip •� A L U S E ru Caelllktl '(�'Tf , + N �"IW Mo�I FM $ 3 _+ ,i l 0036 L s -.Iru Beivlroo-3Foee phxkber; $2.85 ryy ryxlrnAfooa 28 m $2.85 �ni.�m., MAM.$�yIW 28 ❑nmun ReDNW Perw+oDN 1 ❑flMrun Rp01p1 �AWccDYI {� SOX'— 0 ❑ReNm RecalDl (atwimnk) ❑CMmw McIIRNIrbiWNNe _ �—y$I'��-'��"MA'�-.- { TV,"U Pow* H� Q QRpurnflpelDt (elptnnic) { ❑CMNIaJMWRatDk D.NvW {� O QAU+M &Onelure ReprlM 1� 0 QP4JR Slpralure RpWmE �l/vJUI151pnLlueReeplNepDNN.y{ (JMfi Ryow. R.0owD wwS p FoBte9o-,IIII ON Po9inBo $2,IIII ti owoosu1��--_ 06/18/2021 � 06/18/2021 n vo.W.n $1.45 ru s o sonr rn ru W �\ n^ T 1 4 n 50� o N sour m "�4^ 01 6UA MC o s�;oasaaaP�:xm::o;nc� �:----.... - -- 11�� iLu^..._....- M1 .5�� ................. . .. -.......... - sxDnraovc�a ��,a... `���� r\ �_ <N OL RECEIifED ®CM-MHU CITY DECEIVED JUN 1 R 7V l OGM WILMINGION, NG ROY COOPER Governer ELIZABETH S. BISER Secretary BRAXTON DAVIS DIrecror Land Management Group, Inc. c/o Andy Dortch 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Dortch: NORTH CAROLINA Environmental Quality July 14, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Dellaine Risley, Dan Smith, and Elizabeth Lennon for State approval for development of the subject property located at 2010, 2016, 2020, and 2028 Deep Creek Run adjacent to the Intracoastal Waterway, in Wilmington, New Hanover County. It was received as complete on July 9, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 22, 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 July 9, 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, `�, F ( RECEIVED r� c>�>� Katharine Elks Field Representative JUL 14 2021 cc: Gregg Bodnar, DCM USACE DCM-MHD CITY Holley Snider, DWR Christine, Bouffard, LPO Dellaine Risley, Applicant Elizabeth Lennon, Applicant Dan Smith, Applicant North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405 910.796,7215 AMA PERMIT APPLIES FOR 0 •p •. • • • - • . _ .. . . • WE • 1 i • • 1 1 �� i •' 1 1 1 in Wilmington, New Hanover County. APPLICANT: Dellaine Risley, Dan Smith, Elizabeth Lennon 2010 Deep Creek Run Wilmington, NC 28411 c/o Greg Finch (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: "1 ly. of Coastalanagemen 127 ar Ina r. x . Wilming on, a arine s ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 13, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Envlroninenral Quaftly • Hall Barnett • DJM-NC, LLC • Frank Golden • Dellaine Risley, Dan Smith, Elizabeth Lennon Hello: Please publish the attached Notice in the Saturday, July 17, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC Files Gregg Bodnar — MHC USACE Support & Customer Assistance RECEIVED JUL 14 2021 DCM-MHD CITY D QM North Caolina Department of Envlro m ental QuafBy I DMalon of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.7%.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 1 13A- 1 19(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On July 11, 2021, Hall Barnett proposed to construct a bulkhead & reconfigure a private docking facility to include 2 (two) new boatifts for a total offour (4) slips at 127 Beady Rd. S. adj. to Banks Channel in Wilmington, New Hanover County; On July 12, 2021, DJM-NC, LLC proposed to construct a new private docking facility with two (2) slips at 2016 Deep Creek Run & expand an existing docking facility to four (4) slips at 2020 Deep Creek Run to a total of six (6) slips between the parcels, adj. to the AIWW in Wilmington, New Hanover County; On July 12, 2021, Frank Golden proposed to reconfigure & expand an existing docking facility to a total of four (4) slips at 8700 Bald Eagle Ln., adj. to Cite AIWW in Wilmington, New Hanover County; and on July 14, 2021, Dellaine Risley, Dan Smith & Elizabeth Lennon proposed to expand the width of the authorized dredge footprint (State Permit No. 22-21) to 20' in width for 160, & 30' in widti jar 350' at 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW in 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 August 7, 2021 will be considered in making the pennit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these (natters will be provided upon written request. RECEIVED JUL 14 2021 IOCM-MHD CITY D_E Q� North Carolina Department of Envlronmental Quality I Division of Coastal Managemem Wilmington Office 1127 Cardinal Drive Extension I Wllmingtw. North Carolina 28405 9I0.7%.7215 Date Date Check From Name of Vendor Check Check Permit Received Deposited Permit Holder Number amount Number/Comments 7/13/2021 Davey Resource Risley, Smith, United 2298 $250.00 major mod fee #22-21, 2010-2028 KE rct. Group Inc. Lennon Bank Deep Creek Run, Wilmington 12871 NHCo NO Split A Major Permit Fee Schedule Project Name: CV County: NtkTr Check No & Amount: a-� "$ /400 . u� DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas. III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B. C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $25 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: II(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $ 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concems related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the idling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. RECEIVED JUL 14 L: Z1 DCM-MHU CITY NC Division of Coastal Management Major Permit Application Computer Sheet MA-f NA 0 Ar,ql�-a C�\\ p AEC: ���•' 1 �� > Fee: $'� O # CDAITS MHC cc_ Applicant: .e aWke 6 At Dw Sl'ht4% I At-d 6 t` to W-4in Lo tnln oyt Agent/Contractor: . _A Project Site County: t h w 10 Stall: �fy, S District: Wilmington Project Name: 4_k VeJL,C Lk V\ � Q ' (N Woej, Rover File: Na River Basin: I.l Initial date of application submittal: LA 1 (T Ip 1 Date application 'received as complete" in the Field office: Permit Authorization: ❑ CAMA qDredge & Fill []Both SITE DESCRIPTION/PERMIT INFORMATION ORW: qYes []No IPNA: ❑Yes No Photos Taken: Yesr NoEl Setback Required (riparian): Yes PNO Critical Habitat: Yes ❑No Not Sure 15 foot waiver obtained: Yes To Hazard Notification Returned: ❑Yes LRNo SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes o ❑ Not Temporary Impacts: Yes 7NO Sure Sandbags: Yes o El Not Sure Did the land use cla sification come Mitigation Required (optional): from county LUP:1Ves []No ❑Yes jfNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: [:]Yes ❑No ❑NA ❑Yes [--]No [f +� FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- Closed p la, aq I tpoo t t L SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) YOulstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort ( Salioornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alternifiora) cynosuroides) El (DS) Salt or spike grass (Dislichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicala) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Prvale w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 n be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major 0 Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 Cl Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ Il. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 El I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 1 4 ., JUL�, acre; 4144 can be applied; DCM needs -. DWQ agreement - $400 Applicant: QS4,4 /SyVxv+" / l.WkLv'1 Dale: l0 'Z02. Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One L New Work Malnf Replace ❑ Y N 2� f -- 5 NL �G New Work Maint[ Replace ❑Y CON 3SQ/ 30/ ��WLW New Work Replace Maint ❑ ❑ Y ❑ N New Work Ll Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration andfor restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount S27 Dredge Fill Both Other❑ S'ijdp W , C Dredge❑ Fill 4Both ❑ Other ❑ 000 O✓ too.,f-{L Dredge ElFill ElBoth ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ JUL 14 2021 DCM-MHD CITY 919-733.2293:: t-888.4111 :: www.nccoastalmanaaerrw_nt_not revised: 02/26/18 DCM Coordinator: Gregg Bodnar County: N r' FJ �] IV1�,p�� Permit #:Q�- V' WIRO E-MAIL DISTRIBUTION SHEET Circle on : Bio Re rt / Permit for: Oversize Plans sent: DCM Offices: A\Ilk Morehead City: PT (if oversize) via Courier I v 'cc Gregg & Amanda on group email w/ bio.narr.app.draw! ngs, deed, comment sheet "MHC documents (Gregg & Amand$) _ Wilmington: Original hard -copy ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: & Carteret Co): PN, CL, Reports, Split Sheet use both ilmingfdhNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ Greg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: /Holley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: Sheri i Mon�talvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Kim Harding _ DCM PlannerMiRO: /NJike Christenbury_ Cultural Resources: ✓/Renee Gledhill -Earley EnvironmentatReviewo-ricdenrvov_ Natural Heritage Prog. ✓�/R/odney Butler DCA-Rural Eco. Dev: Mark Ziegler NC DOT: vid Harris _ Wildlife Resources: Maria Dunn w/Reports 'm State Property Office: ✓ Walton: DEED ike Moser anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: U remy Humphrey (Bio) / /taron Gupton, Admin. _ DEMLR: Christine Hall - Stormwater Section _ ✓Dan Sams - Land Quality Section Public Water Supply: ✓Heidi Cox City of Wilmington: , I r t Enforcement: v/Field Etep: v 1 �J Co. LPO ✓y ' tw'�a V-A RECEIVED Agent: JUL 14 2e21 DCM-MFIC� CITY DISTRIBUTED: Updated &W1 CAMA/Shaun majors docs/e Agency List £� ue' x •�d �J R p �SGIlS 011�4 S S Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402.1890 August 7, 2003 Action ID No. 199801716 and State Permit No. Mr. Joseph H.Johnson 1801 Azalea Drive' Wilmington, North Carolina 28405 Dear Mr. Johnson: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request for modification of your Department of the Army (DA) permit issued on March 14, 2001, which authorized the maintenance dredging of an existing basin and access channel, construction of a bulkhead and installation of a floating dock with finger piers adjacent to Middle Sound, at 2023 Turner Nursery Road, in Wilmington, New Hanover County, North Carolina. The requested modification consist of approval to place spoil material on the property owned by Roger Johnson, located off of Turner Nursery Road across from Johnson's Marine Sales and Service. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable and that the expiration date is December 31, 2006. If you have any questions or comments you may call me at (910) 251-4930. Sincerely, } RECEIVED Henry Wicker, Project Manager 'JUL 14 2021 Wilmington Regulatory Field Office DCM-MHD CITY RECEIVED JUN 18 2021 DCM WILMINGTON, NC Copies Furnished: Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy. Room 7316 Silver Spring, MD 20910-3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 Commanding Officer United States Coast Guard Marine Safety Office Wilmington 1052 North 23rd Street Wilmington, North Carolina 28405 Commander, Aoww Coast Guard Atlantic Area ATTN: Tom Flynn 431 Crawford Street Portsmouth, Virginia 23704 �l 1] C\ 1.J Ill."� '• '� f. RECEIVED 'JUL 14 2021 DCM-MHD CITY RECEIVED JUN 18 202.1 DCM WILMINGTON, NC } ��� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary June 12, 2003 Joe Johnson 1801 Azalea Drive Wilmington, NC 28411 Dear Mr. Johnson: This is with reference to the request submitted by your agent, Rodney Johnson, to modify State Permit #107-98, which was issued on 8/10/1998 and expires on 12/31/2001. The action proposed in your submittal consists of the deposition of spoil material on the property owned by Roger Johnson. The spoil disposal site is located off of Turner Nursery Road across from Johnson's Marine Sales and Service. The dredged area will be confined to the area previously approved by the Division. As you have indicated, the dimensions of the dredge area will be 150' (L) x 20' (W) x -2' (D). Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett from the Division of Coastal Management Permitting Section and Rich Carpenter with the Division of Marine Fisheries, have determined that the proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit # 107-98, as described in your transmittal letter and plans dated 6/5/2003, which was received in our office on 6/5/2003. By copy of this letter we are also notifying the U. S. Army Corps of Engineers of our action. If you have ally questions concerning the above or if I can be of any other assistance, please advise. Sincerely, cc: WIRO file, DCM Henry Wicker, COE Doug Huggett, DCM Charles Jones, DCM RECEIVED JUL 14 2021 DCM-MHD CITY RECEIVED JUIti 1 h )0/' DCM WILMINGTON, NC 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 Telephone 910-395-3900 Fax 910-350-2004 An Equ I Opp rtunity Affirm live Acti n Empl yer X 2,0 Z 2 2— Recelvel) 'JUL 14 2021 0cm.mHL) CITY woo 10 RECEIVED JUN 18 2021 DCM WILMINGTON, NC 7 l I It) RECEIVEp n; 'JUL ] 4 2: °I n� OCM-MhD CITY RECEIVED i \�I JUN 1 8 ml f)(IM WII.MINGTON, NC la J� (C Pi IN IF, JUN d 5 2003 i)IVlSlolq OF COASTAL MANAGEMCNI Permit Class Permit Number RENEWAL 107-98 MAINTENANCE 5 STATE OF NORTH CAROLINA Resources '�,,1 l' 1 Department of Environment and Natural iri •I'rd4 11 1 �\ and 11 Coastal Resources Commission 1,AV , i for (, > r ",1l�t. [hi+IJACiL.M1iPt X Major Development in an Area of Environmental Concern pursuant to NCGS 113A- 118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Joe Johnson 1801 Azalea Drive Wilmington NC 28405 Authorizing development in New Hanover County at adi Middle Sound (AIWW) at 2023 Turner Nursery Road , as requested in the permittee's application dated letter dated 1/7/02. This permit, issued on January 14, 2002 , 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. 1) This renewal must be attached to the original of Permit No. 107-98, which was issued on 8/10/98, as well as the subsequent minor modification issued on 2120/01, and all documents must be readily available on site when Division personnel inspect the project for compliance. 2) All conditions and stipulations of the active permit remain in force under this renewal unless modified herein. RECEIVED JUL 14=='1 (See attached sheet for Additional Conditions) CCM-MKL,, f:9TY This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. a This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2006 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Donr6D.Moffitt, Director 0' Division o Coastal Management This permit and its conditions are h%fb9Fe�WW DCM WILMINGTON, NC Signature of Permittee Joe Johnson ADDITIONAL CONDITIONS Maintenance Clause Permit #107.98 Page 2 of 2 3) The Division of Coastal Management, Wilmington District Office, shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site must be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. kecelVED rJUL 1 4 20'1 DCM_M'HO C17`y RECEIVED JUN 18 7.021 DCM WILMINGTON, NC Prams Number RECEIVED MAY 3 0 1900 Pennil Class 119-76 2nd Renewal/ STATIL OF N0icru CAROLINA .. temp e[tun Deparuncut of Nattftal Maourdes and C'onimunily Development , and Coastal l(olourwcss Commission e far RECEIVED ' for ❑ Major Development to so Area oil Pnvirunnlenial Concern pursuant fit NC(;$ 11 3A I IN JUL 14 2C" © Lxeavatlonand/or filling pursuant ,u NCGS 11.1.229 DCM-MHD CITY Mr. Joseph 11. Johnson, Jr. Route 4, Box 489, Wilmington, NC 28401 :tiihtinnupdevelopnsarnin_ Now Hanover __(:o.al AIWW (S. of Pages Creek) - — - _.._.'asrequesudIts litepennittee'sapplicaion dated 5/5/75; Including attached plat dated 2/80 . �_—subject its tire conditions set forth below (1) That spoiling roast be on permittee's high ground property north of the basin. (2) Thnt Lite channel be limited to a maximum bottom width of 201. ('I) 'That Use new bulkhead must be conatrtr•Led at or above the mean high water line, anal Incorpuralo no nsnrsh groan. (4) That no olLapoaal material wL11 he placed at any time on Spartina alterniflora nsarnh. FOR WORK BY HYDRAULIC DREDGING: (5) That all excavated materials be confined on high ground behind adequate dikes or other retaining structures to prevent splilnver of solids into any marsh nr surrounding waters. I See the attached sheet for Additional Conditions ) IF THE AaOVL CONDITIONS AND TIIL•' PLANS AND SPECIFICATIONS SUBMITTED AS PART OF TIIE APPLICATION (W IIERE NOT IN CONFLICT WITH THECONDITIONS) ARE NOT FOLLOWED PRECISELY, THE PERMITTEE IS SUBJECT '1'0 A FINK, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G. S. I1JA•126 AND G. S. 112.229 (K) AND (L). Iln% peuna until he accessible, nil site, its Ikparlinent prr..mnel when Ilse project is inspected. 'I Ills perrud aetiou may be objected in by lite peunitiec or tither qualified persons within twenty (20) days of the ii%uing dale. A valid appeal requires sesulmion prior to work mammon or nmUnumice, as the case may be. Signing this i.nn, and proceeding with die wotk hinds the applicatu 1., nnuplmnce wills all penuil conditions. Any maintenance work or project modilicatiun not coveted heir under requires further Departmental approval. All wo,k anrst cease when the permit expires. Peunil eviles till Signal by the authority of the Secretary — \ ' L. Walton Jones, Depu y ecrctary Signed by the authority of the Chatrnun of the CossloAcsourceir Commission Kenneth D. Stewart, Director OOke of Cuanal Mah19111"B 2 W I ki DCM WILMINGTON, . . . . . . . . . . . . . . . . . Mr. Joseph H. .iuhnnon, Jr, Permit No. 139-76 May 23. 1980 page 2 of 2 ADDITIONAL CONDITIONS (6) That the disposal area effluent be contained by pipe, trough or similar device to a point at or below the mean low water, to prevent gully erosion and resultant unnecessary siltation. (7) That the terminal end of the pipeline be positioned at or greater than 50' from any part of the dike and a maximum distance from spillways to allow adequate settlement of suspended solids. (8) That a water control structure be installed at the intake and of the effluent pipe so ss to assure compliance with Condition No. 9. (9) That in order to protect water quality, runoff from the construction area must not visibly increase the amount of suspended sediments in adjacent waters. NOTE: Enforcement personnel will determine an increase as significant if the measured level of suspended sediments is increased by 25 Jackson Turbidity Units. (10) That erosion be controlled on all spoil and disturbed areas. E. Wniton Jones, Dhpdty Secretary Department of Natural Resources 6 Community Development Kenneth D. Stewart, Director Office of Coastal Management Siptinture of Permlttee. ^ RECEIVED RECEIVED JUL 14 2021 JUN 18 M0 l DCM-MHD CITY DCM WILMINGTON, NC DFPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF E14GINCERS P. O. Sax 1890 WILMINGTON. NORTH CAROLINA 2a401 SAI4KS 75-65-2 3-229 Plr. Joseph H. Johnson, Jr. Route 4, Box 489 Wilmington, NC 28401 Dear Mr. Johnson: 31 Avitust 1976 In accordance with your written request of 7 May 1975 and the ensuing administrative record, there is inclosed a permit autltoriztng you to maintain an existing entrance channel and boat basin adjacent to the Atlantic Intracoastal Waterway-(AIWW) near Wilmington in New Hanover County, North Carolina. If any material changes in the location or plans of the structure or work are found necessary on account of unforeseen or altered cond;cions or otherwise, revised plans should be submitted promptly to the District Engineer in order that these revised plans, if found unobjectionable, may receive the approval required by law before construction is begun. Your attention is called to condition (n) of the inclosed permit which requires the permittee to notify this office relative to the commencement and completion dates. The inclosed Notice of Authorization must be conspicuously displayed at the site of the work. WIN 1Y9sP/i Sincerely yours, HO nnTT^^*r-E %1AIL .�✓ 2 Inc1 OPER 1. Permit HOMER JO11NS'I'OiJE 2. ENG Form 4336 Colonel, Corps of Engineers District Engineer CERTIFIED MA:I. - PZET'URN 1tECL• i?T REQUESTED Blind CF w/cy Incl 1 Director, Atlantic Marine Center RECEIVED National Ocean Survey, NOAA RECEIVED ATTtl: CAM04, 439 W. York Street Norfolk, VA 23510 JUN ($ 20%1 JUL 1 4 ZOZi DcM-nnHsy clrY DCM WILMINGTON, NC SAIWKS75-65-23-229 Alt. Joseph H. Johnson, Jr. Special Conditions; (1) The proposed entrance channel shall be aligned along the same alignment as the former entrance channel. (2) The channel shall be limited to a maximum width of 20 feet (3) New bulkheading will be constructed above the mean high water elevation and incorporate no marsh grass. (4) All excavated materials will be confined above the mean high water elevation behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. (5) The disposal area effluent will be contained by pipe, trough, or similar device to a point at or below the mean low water elevation to prevent gully erosion and resultant unnecessary siltation. (6) The terminal end of, the pipeline for the disposal area effluent will be positioned at or greater than 50 feet from any part of the dike and at a maximum distance from spillways to allow adequate settle- ment of suspended solids. (7) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside of the area of construction or construction -related discharge (increases of 25 JTU's or less are not considered significant). ' (8) A water control structure will be installed at the intake end of the effluent pipe so as to assure compliance with condition (7). (9) The diked disposal area will be constructed a sufficient distance from the mean high water elevation or any marshland to eliminate the possibility of dike erosion into or upon adjacent waters and/or uarsh- land. (10) Erosion will be controlled on all disposal and disturbed areas. (11) No disposal material will be placed at any time on Spartina alterniflora marsh. RECEIVED RECEIVED JUN 18 07 JUL 14 2021 UClul-AAHD CITY UCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Direcror July 13, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(diiNCDENR.gov SUBJECT CAMA/D & F Applicant: Dellalne Risley, Dan Smith & Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adj. to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to expand the width of the authorized dredge footprint for the 510' access channel to 20' in width for 160, and 30' in width for 350' through a major moddication of State Permit No. 22-21. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by August 7, 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 NAM AGENCY SIGNATURE DATE 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. RECENED ,UL 14 ZO AND civ Dc North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 29405 910.7%.7215 1. Form DCM-MP 1 APPLICATION for Major Development Permit (last revised 12/27/06) RECEIVED JUL 14 2021 DCM-IMHD CITY North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) NA Deep Creek Maintenance Dredging Modificaton Applicant 1: First Name MI Last Name Dellaine n/a Risley Applicant 2: First Name MI Last Name Dan n/a Smith Applicant 3: First Name MI Last Name Elizabeth rite Lennon Mailing Address PO Box City Stale 2010 Deep Creek Run n/a minion NC ZIP Country Phone No. FAX No. 28411 USA 910-443-0354 A Street Address (if different from above) City State NA Email dirislevAgmail.com , Emmett.aldredae(Marc3aases.com , belhlennon(ramac.com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Greg n/a Finch Agent/ Contractor 2: First Name MI Last Name Andy n/a Dortch Meiling Address - PO Box city State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 rite ext. rite FAX No. Contractor# 4V;.Y 910.452-0060 n/a Street Address (if different from above) City State ZIP NA Email aftnch0marouo.net adortchCaDlmarouo.net Application for a Major Modification to CAMA Permit 22-21—June 2021 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina DCM WILMIN@TON, NC f c • z V \ ,K ��i.• ;i.. t,�,i: -gyp`` �'r. C. ,��� \ ' � '�.-E,� �f:f�' $- ,� i. •ice i •'• .. t 14 28 De Cree un "r l r. 2016 and 2020 Deep Creek Run yy •, it � ;:. - :, � 6� � ,, of y, 40 /. \.� 'T, � • . _ � , �, f \\ Mason Harbour Boatslip Coa Inc°' 7439 Nautica Yacht Club Dr. 10 D Creek + V _ •/�' + ' :: / y - , r � :.\ °-�/�j:_ . S, —81 1. r, \ / \ 1 rA. f /. J kb* t5 0,11 Allison Willlamg T Karen 1970 Deep Cry k Run / 1 _•y, O q.: USACE SETBACK ` F t ` - USACE NA 1{ ATION CHANNj ° A,. i r 1 k II f E3 IL L PERmilri :D DREDGE BOUNDARY (1#222-211) USACE NAVIGATION CHANNEL 4 13 I AVY i 7"tp^ ..les 'mlw. - � �• R vv n ' N. 7 URft. QI�TR kiJ DGEbF MARSfi 'Y CURRENT MAINTENANCE DREDGE BOUNDARY / (( 1 C !- 1 i 1 r ,'fit r USACE SETBACK USACE NAVIGATIOI CHANNEL h ! 1 4 ✓ I' let .60 \4 USAGE ROW , rt 0.911 Existing Docking Facilities 6 .d EXISTING t RIP RAP J� ` , PROPOSED 1 60'X2�0 MAINTENANCE DRErJ CHANNEL (-5 ML /)0 (PER JUNE 12, 20 2.00 Y MODIFCATION TO C MA PERMIT #107. SAGE SETBACK 1 1, PERMITTED 510' X 10' d` USAGE NAVIGATION rr CHANNEL (5 MLVV)\ CHANNEL k c' 0' PERMITTED 14,350 S.F. B IN r �.0 (IRREGULAR) (PER CAMA PERMIT #22-21) �/ , . �\ E (-5 MLW, NO CHANG, PROPOSED 350' X 0' MAINTENANCE D DGE •�3.00 f -� ' CHANNEL(-6 LVV) (PER CAMA PER T#139-76) 7 10.00 `J ei 0+00 5 0.1 A }00 11 11 � 11 11 � 11 ?�!��c'�'i�:`�.a� ��`:f��?-�►��1�����Z�S�4�L� r►��-1►r;�i� �'�_Z _ '!i_1'4r,� t• de 4i A .-.y _ i 4r.�.:.. �=�3�.7�r►� . _ _ �rz�► r.� �S•'���0 ��►1►~_►_+i►-� j���Z's�Z •O��OC�6►►s»�i♦3r.�3•�i'�il;�i�►c1+•>?�7�.0�:►���O�i�iti��4�S��s�;���i1►��r-�'�i�r��������`� .1 . USACE Right of Ways USACE Setback Proposed Maintenance Dredge Area (-2,355 cubic yards) 1100 2+00 3400 .�_.__MHW_j4V) Proposed Mainter (=51 MLW7 20' Wid -10 0+00 Legend Permitted Dredge Boundary (22-21) - - - - - - - - Outer Edge of Marsh USACE Right of Way USACE Setback USACE Navigation Channel Proposed Maintenance Dredge Boundary ........ . Proposed Maintenance Dredge Area (-2,355 cu yd ,.K Z., $1_�7 roximate Existing Grode Dredge ee• -. +61 1 e W L41.__.__._�_ USACE Navigation Channel Dredge Cut. Extends ige Cut to 6' MLW at Time of C' nstruction' 0 4+00 NOTES: 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 2. DREDGE CUT EXTENDS TO -5' MLW AT TIME OF CONSTRUCTION. 3. MLW DEPTHS PROVIDED BY APPLICANT. TAKEN JULY 2020. RECEIVED Horizo I 1'= 40' 1 5+0 5 r 0(D sv 0 -5 Horizontal 1"= 40' °�- r� Deep Creek 611812021 NIA JUL 1 L7 OLI21 LM G n'n L,n6nG`ntp IT banC v 041 —, Maintenance Dretlging Scale As Noted o um ber [ LMG20.190 Tile f_ f'AA-MHD CITY IYI rl U V 1 6 3805 Wrightsville Ave Sule 15 WAminglon. North Carolina 28403 910452-0001 Channel Profile D.. By WAD Sheel Numbec 5 015