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HomeMy WebLinkAbout22-21 Risley, Aldredge Jr, & LennonPermit Class STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area 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, Emmett Aldredge Jr, Elizabeth Lennon, 2010 Deep Creek Run Wilmington, NC 28411 Authorizing development in New Hanover County at adj. to the AIWW, at Deep Creek Run, in Wilmington , as requested in the permittee's application dated 8/28/20, including attached workplan drawings (12), Sheets 1-11 of 11 dated 8/21/20, and Disposal Map 1 of 1 revised 12/11/19. This permit, issued on February 25, 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 it mese terms may oe subject to Imes, imprisonment or civu action; or may cause me permit to oe nun ana voia. Excavation 1) No excavation shall take place outside of the area indicated on the workplan drawings. 2) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 4) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding 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. This permit and its For Braxton C. Davis, Director Division of Coastal Management C accepted. of Permittee Dellaine Risley, Emmett Aldredge Jr, Elizabeth Lennon Permit No. 22-21 ` Page 2 of 3 Va ADDITIONAL CONDITIONS 5) No excavation shall take place within 10 feet of any Coastal Wetlands. 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 National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 7) No spoil material shall be placed within 30 feet of the normal high water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or spoil deposition into surrounding wetlands or waters. 10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation 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 shall 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. USACE / FEDERAL CONDITIONS 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at littp://wwdv.fws.gov/nc-es/mammal/manatee euidelines.pdf. General 13) 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. l Dellaine Risley, Emmett Aldredge Jr, Elizabeth Lennon Permit No. 22-21 Page 3 of 3 ADDITIONAL CONDITIONS 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required including but not limited to any and all authorizations from the United States Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2016-04920. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon COUNTY: New Hanover PROJECT NAME:. Deep Creek Maintenance Dredging LOCATION OF PROJECT: 2010, 2016, 2020, 2028 Deep Creek Run, Adj to AIW , Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-30-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Elks DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weyehert PUBLIC NOTICE REC'D: 10-23-20 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 12-14-20 MAIL OUT DATE:10-20-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE RECD: $400 (60140) #2064 END OF NOTICE DATE: 11-13-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 11-13-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM—Field Rep 249 x DCM—LUPConsistency Determination 'I e ZQ Local Permit Officer v /� Corps of Engineers — Regulatory Branch DWR-401 Section DWR— Public Water SupplyYX DEMLR— Stormwater DEMLR — Sed and Erosion Z- DOA — State Property Office Wildlife Resources Commission DW — Shellfish Section DW — Habitat & Enhancement DNCR —Archives& History DNCR—Natural Heritage Program NCDOT NC Dept of Commerce 10 ty . n, n ,. Recommendations for State Permit — 2010 2016, 2020, and 2028 Deep Creek Run 10/16/2020 This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any ofthe 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. It is the staffs recommendation that the proposed excavation is CONSISTENT with the Rules of I5. 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 objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for excavation. NORTH CAROLINA Environmental Quality October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c urt. wevch ec u rt. wevch e rt�N C D E N RgovC D E N Rgov SUBJECT: CA MA /Dredge & Fill ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoosial Monagement Applicant: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November mber 1313. 202U! 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. RINT N'_A_ME Shannon Jenkins Gp ENCY NC DMF - Shellfish Sanitation & Recreational Water Quality RECEIVED SIGNATURt Q���_ for Shannon_ for Shannon Jenkins OCT 21. ZM mE 10/21/2020 MP SECTION Carolina I EnviroenWQ"iry1CowalManagement DCM - MHD CITY 127 Cardinal Drive EXL, Wilmington. NC 29405 919 796 7215 0 NORTH CAROLINA F,tivironmental Qtmlity October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28657 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)NCDENR.gov SUBJECT: CAMA /Dredge & Fill ROY COOPER Goventor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Diviston oJCoostal Management Applicant: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November l&EQX0 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. RINT-NAME Mark Brown AGENCY Public Water Supply SIGNATURE P4,4 r'j`".4 BATE 10-21-20 Some of! laid. Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NO 28405 919 796 7215 RECEIVED OCT 21, 2020 MP SECTION DCM - MHD CITY ROY COOPER Gmv,?,.r MICHAEL S. REGAN Se Ian- BRAXTON DAVIS Dimdoq DinBim, of('mu/Ol Mnnncmnp October 20, 2020 MEMORANDUM.• FROM: Curt Waychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curtmevchert(a)NCDEN R.cov SUBJECT: CAMA/Dredge & Fill Applicant: Dellalne Risley, Emmett Aldredge Jr„ Elizabeth Lennon Project Location: , 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AlWW in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by November 13, 2020. 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: �-4Z 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. AGENCY RECEIVED dMmlrr rn� OCT 2 6.2020 SIGNATURE MP SECTION DCM - MHD CITY DATE /o Z�,��1� I Fnv anmeom Qweyl Cosa alManegrment 127 Cardinal Drive EKt., w,lmogtn4 NC 28405 9197967215 rti@ October 20, 2020 MEMORANDUM: 'FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12.09) curt.wevchertONCDEN R.cov SUBJECT: CAMA /Dredge & Fill ROY COOPER Ganm", MICHAEL S. REGAN &"rotary BRAXTON DAVIS i wo". 011-rcm.1f'naval Elmmgcn¢m Applicant: Dellalne, Malay, Emmett Aldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the A114W in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging fora private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency,'s position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 13,'2026. 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 /h A L � d^ 9 ! Z ✓- AGEMGY, ly C t o t U 6� 41 iM P-y6e SIGNIATURE 1A G. v 6C I ram% bATE Carolina I Environmental Quality lCoastal Management 127 C"nal Drive Ext, Wilmington. NC 28405 919796 7215 NORTH CAROLINA £IvviroruueuG;1 i ?uaLr}' October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(o NCDENR.gov SUBJECT: CAMA /Dredge & Fill ROY COOPER Gavemor MICHAEL S. REGAN Secrclary BRAXTON DAVIS Director, Division nfC..m1 Management Applicant: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 13, 2020. If you have any questions regarding the proposed proect, 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 incorpotated. See attached: The site involves more than one acre of land disturbance and will require application review and approval for Erosion and Sediment Control and Post -Construction Stormwater requirements. This agency objects to the project for reasons described in the attached comments. PRINT NAME Dan Sams AGENCY DEMLR RECEIVED SIGNATURE dQooief& DATE October 22, 2020 OCT $ 2 2020 MP SECTION DCM - MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Received: 10/29/2020 Historic Preservation Office Due: 11 /6/2020 NORTH CAROLINA ER 20-2299 Environmental Qmthi r October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(a) N CD EN R. aov SUBJECT: CAMA /Dredge & Fill ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimeror, Division ofCooaral Management NC - SBA 11/3/2020 Applicant: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposedprojectand return this form to Curt Weychert at the address above by November,13, 2020? 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 EG NCY Historic Preservation Office SIGNATURE -- - --- - DATE 11 /4/2020 State of North Catalina I Envitanmental Quality I Coastal Management RECEIVED NOV,1 4 2020 MP SECTION DCM • MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 ROY COOPER c „gp. MICHAEL S. REGAN .1'rarrn ;• BRAXTON DAVIS !)4rrrur. Urrp-mr n(i'nnnva( ?hc:ah•:nem October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-1249) curt.weychertaNCDEN R.aov SUBJECT: CA MA /Dredge & Fill Applicant: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIINW in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by, November 13,_2020: 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. c timed This agency approves of the project only if the recommended changes W0 + are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT. NAME Wanda Hilliard AGENCY State Property Office SIGNATURE WCvhdA-- ` DATE_, JA. mdinaTfininmmentatQaality 1 Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Roy Cooper, Governor North,Carolina Department of Administration State Property Office November 16, 2020 TO: Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC I28557 FROM: Wanda Hilliard Real Property Agent Department of Administration SUBJECT RE: CAMA / APPLICATION REVIEW Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Machelle Sanders Secretary . Tim Walton Director 2010,2016,2020 & 2028 Deep Creek Run, adjacent to the AIWW in Wilmington, New Hanover County. Please confirm that the facilities are not located within the I000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 TI Web: http://www.ncspo.com I ROY COOPER Governor MICHAEL S. REGAN 5'ecrerary NORTH CAROLIN.A Enrirannrrnlal Ooafiq October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.weychert(a) N C DE N R. gov SUBJECT: CAMA /Dredge & Fill Applicant: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon BRAXTON DAVIS Direelor, Division urc owa! Management Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIWW inWilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 13, 2020. 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 Kimberlee Harding AGENCY NCDMF SIGNATURE /�4 YY DATE 11/12/2020 Carolina I Environmental Quality I Coaztal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215 ROY COOPER Gm.or L MICHAEL S. REGAN Secrelary BRAXTON DAVIS NORTH"CAROLINA Direcror, Div.i o rfcoasml rs)it wonnerla7 0tahty Monegemeol September 18, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(d)NCDENR.gov SUBJECT: CAMA Applicant: Anne 8 Haywood Proctor Project Location: 712 Waterway Dr., adjacent to the AIWW in Sunset Beach, Brunswick County Proposed Project: Proposal to install a private pier with gazebo, boatlift and floating dock for a total of two (2) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by October 14, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 K�n16 � Y&de;f ' DATE 11 /16/2020 State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 0- ROY COOPER Governor MICHAEL S. REGAN secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Curt Weychert, Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: CAMA- Proctor 2-slip docking facility with floating dock, Sunset Beach, Brunswick County DATE: November 12, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to install a private pier with a gazebo, boatift, and floating dock for a total of two slips. The proposed project is located on the Atlantic Intracoastal Waterway (AIWW) at 712 Waterway Drive, on the mainland side of Sunset Beach, Brunswick County. The waters of the AIWW are classified SA and HQW by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the Marine Fisheries Commission (MFC). They are CLOSED to the harvest of shellfish. NO submerged aquatic vegetation (SAV) was observed by DCM or DMF staff on site visits that occurred in June, October, and November 2020. There are existing docks on both sides of the applicant's property. Primary Nursery Areas are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive by providing refuge from predators, and therefore is an important nursery area. Species dependent on shallow soft bottom habitat include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays. Many benthic predators are highly associated with the shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. There is a wide fringing marsh (approximately 80') along the shoreline of the proposed dock, transitioning to a wide area of shallow subtidal muddy bottom, with numerous isolated oyster beds. The wetland vegetation, and oyster shell, in combination with shallow muddy substrate provide excellent conditions for productive juvenile fish habitat. The proposed boatlift would be located in a designated PNA with minimal to no water at low tide (0' NLW to -0.6' NLW), as confirmed by DCM staff. The proposal includes the installation of stops set at 18" above the substrate for the boat lift and at 24" above the substrate for the floating structure. The physical stops would theoretically reduce impacts to soft bottom habitat and limit usage to periods of mid to high tides. Despite using stops to physically limit the cradle height above the substrate, prop scouring in critical habitat is still a concern during vessel ingress and egress. nothing Compares.—.... State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 t Due to the possible impacts to critical PNA habitat, DMF does not recommend use of stops within extremely shallow PNAs such as the proposed site. Alternatively, the docking facility could be extended into deeper waters to avoid PNA impacts. The DCM staff conducted a water depth survey on July 29, 2020 during a low tide of -0.43 MLLW. DMF staff also conducted water depth surveys on October 27and 29 during a low tide of -0.42' MLLW and -0.30' MLLW, respectively. During the two October site visits, DMF's surveys showed water depths at the landward and waterward ends of the 714 Waterway Drive referenced pier head to be -1.92' NLW to -2.0' NLW and -1.5' NLW to -1.83' NLW. The DMF revisited the site on November 10, 2020 with a low tide of -0.34' MLLW to investigate surrounding water depths and a potential alternative design to minimize impacts. Water depths were taken from the waterward end of the pier head at 710 Waterway Dr., which is approximately 10' longer than the 714 Waterway Drive (the pier head used for this proposal). Depth recordings were taken from the waterward end of the pier out 27' to the distance of the AIW W setback line. Water depths ranged from -2.25' NLW to -2.75' NLW. The DMF found that the water depths nine feet past the PH of 710 Waterway Drive, to be -2.5' NLW, a sufficient depth to minimize soft bottom habitat impacts created by the proposed docking facility. This siting will put the waterward end of the proposed pier at 27', and in a depth of -2.75' NLW. As currently proposed, the project would likely result in impacts to soft bottom habitats within a PNA. The DMF does not believe these impacts have been avoided or minimized and is concerned with the proposal. The division therefore recommends the docking facility be extended into deeper waters as described above to avoid PNA impacts. If the applicant incorporates this recommendation for the extension of the pier; adequate water depths would be obtained, minimizing PNA habitat impacts and addressing our concerns. Contact Kimberlee Harding at (910)796-7475 or Kimberlee.Harding@ncdenr.gov with further questions or concerns. Nothing Compares_ State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557 252-726-7021 11004 To: Curt Weychurt From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Risley, Aldridge and Lennon, New Hanover County Date: December 1, 2020 CONSISTENCY DETERMINATIONp . i This project is consistent with the New Hanover County Comprehensive Land Use ;Plan Update. The applicant proposes maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintenance channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. The project is located at 2010 — 2028 Deep Creek Run in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PT. 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 Conservation and Resource Protection. In general, Wilmington -New Hanover County LUP allows development in Conservation and Resource Protection classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the New Hanover County Comprehensive Land Use Plan Update. Cc: File RECEIVED DEC 0;I ,2020 MP SECTION DCM - MHD CITY a October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt:wevchert(a)NCDEN R.aov SUBJECT: CAMA/Dredge & Fill ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS lJirculor, i;n^.:r>n :•f"('n¢erm' dfunug-nuvn Applicant: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIM in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 13, 2020. 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. off/ 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. Wanda Hilliard A ENCY; State Property Office SIGNATURE wa as DATE NOvernb�@§, Q Eanlnia, FnvironmartaJQoalilyl CoMal Management 127 Cardinal Drive Ent., Wilmington, NC 28405 919 796 7215 DorAn Envelope ID: 8A710E05-ABFE-4OB49A94-29D627A9D63E ROY COOPER Govemor MICHAEL S. REGAN Secretary S. DANIEL SMITH Dlrector NORTH CAROUNA FAWonmenral QuaW December 14, 2020 Dellaine Risley, Emmett Aldredge, Elizabeth Lennon 2010 Deep Creek Run Wilmington, NC 28411 RECEIVED DEC 14 2020 MP SECTION DCM - MHD CITY DWR q 2016-04920 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Deep Creek Maintenance Dredging -Middle Sound Dear Applicants: You have our approval for the impacts listed below for the purpose described in your application dated August 28, 2020 and received by the Division of Water Resources (Division) September 30, 2020. 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 the General Permit Number 198000291 once it is issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream N/A N/A 404/401 Wetlands N/A N/A Open Waters 0.43 acres N/A 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)]. D_ E Q North Carolina Department of Environmental Quality I Division of Water Resources Wllmington Regional Office 1 127 Cardinal Drive Ex enston I Wilmington. North Carolina 28405 aO"-"°' �� 910.796.7215 Do;ubign Envelope ID: 8A71 CE06-ABFE-40B4-9A94-290627A9D63E Deep Creek Maintenance Dredging DWR# 20160492v3 401 Certification Page 2 of 3 If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 0213.0211(12)] 2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. 115A NCAC 02B .0221] 3. Please note that the area surrounding the project sites are located within Topsail and Middle Sound Outstanding Resource Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs) and shellfish producing habitat. No impacts to SAVs or shellfish producing habitat are authorized by this certification outside the approved impacts specified herein. [15A NCAC 02B .0225(c)(2) ORW Water Quality Standards, and 15A NCAC 07H .0208 (a)(6)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. RECEIVED DEC 14 2020 MP SECTION DCM - MHD CITY Do;uEllgn Envelope ID: BA71 CE06-ABFE-40049A9429D627A9D63E Deep Creek Maintenance Dredging DWR# 20160492v3 401 Certification Page 3 of 3 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 review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Robb Mairs at 910-796-7303 or Robb. Mairs@ncdenr.aov if you have any questions or concerns. Sincerely, Docusivnea nr: E3ABAICAC70NIU... Morelia Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Greg Finch and Andy Dortch, LMG, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED DEC 14 2020 MP SECTION DCM - MHD CITY DCM Coordinator: Curt Weychert County: N1-� Permit #: I r/ Y WII7RO E-MAIL DISTRIBUTION SHEET Circle o e: Bio Rep / Permit for: C^G✓16� i AlAV'C4W , �.IWVll7"VI Oversize P sent: T DCM Offices: Morehead City: PT (if oversize) via Courier�_� / *cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet v *MHC documents (Curt & Amanda) Wilmington: Original hard-copy_z— ONLY USACE & DWR tw m): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: n er Carteret Cc): PN, CL, Reports, Split Sheet use both mingtonNCREG@usece.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ eg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet I1 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: 4heri Montaivo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: in Harding _ DCM PlannerMIRO: �d ke Christenbury Cultural Resources: nee Gledhill -Earley Environmental.Review(c)ncdenrW Natural Heritage Frog. Rodney Butler_ DCA-Rural Eco. Dev: ,Maarrk Ziegler_ NC DOT: . aavid Hams _ Wildlife Resources: "Marla Dunn w/Reports _ State Property Office: "I'iim Walton: DEED _ ..M a Moser anda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: W-eeremy Humphrey (Bio) 14hannvnTenktas4RV _ , ron Gupton, Admin. DEMLR: // vm&hdstine Hall - Stormwater Section _ 43iaan Sams - Land Quality Section Public Water Supply: Aeidi Cox_ City of Wilmington: J� 4hn Thurston � ,nn 1i Enforcement: FFiield Rep: "�ato, V�i _Co.LPO " G�Vi�Xl�tGt� Agent: DISTRIBUTED: L� 0 t r I updated 10101420 CAMA/Shaun majors docsre Agency List 0 October 20, 2020 MEMORANDUM.' FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(ccDNCDEN R.aov SUBJECT CAMA /Dredge & Fill ROY COOPER Gmv,omr MICHAEL S. REGAN secretary BRAXTON DAVIS Anecmq Uroinmr mJ(bavtal Management Applicant: Deliains Risley, EmmettAldredge Jr., Elizabeth Lennon Project Location: 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to perform maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4-slip docking facility on a common parcel. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 13, 2020. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE State nFliands Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fan., Wilmington, NC 28405 9197%7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION REQUEST 1. APPLICANT'S NAME: Dellaine Risley, Emmett Aldredge Jr., and Elizabeth Lennon 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 4-Slip docldng facility: Latitude: 34.154352 N Longitude:-77A61954 W 3. INVESTIGATION TYPE`. D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/1/2020 Applicant Present— Yes 5. PROCESSING PROCEDURE: Initial Received — 8/28/2020 Application Complete 9/30/2020 OtLce — Wilmington 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: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned —N/A (F) Type of Structures: Existing — Private docking facilities and bulkhead Planned - Maintenance dredging of a private boat basin and access channel expansion with new dredging under an.existing 4 slip docking facility to original depths. (G) Estimated Annual Rate of Erosion: N/A Source- N/A 7. HABITAT DESCRIPTION: [AREA] DRF.DC,RD FTT.T.Fn nTFTRR (A) Vegetated Wetlands (Coastal Wetlands) (B) Non -Vegetated Wetlands (Open water 18,803 fl2 (C) Other (Higbground) Disposal Site --91,287 ft (D) Total Area Disturbed: 110,090 ft (-2.53 acres) (E) Primary Nursery Area: No (F) Water Classification: "SA, ORW ''Topsail Sound and Middle Sound ORW Area Open: Yes 8. PROJECT SUMMARY: The applicants propose maintenance dredging for a private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4 slip docking facility on a common parcel. 2010, 2016, 2020, and 2028 Deep Creek Run 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 Coo 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 ofthe 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 alterniora), which measures approximately 200 feet in width. The AIW W is approximately 634 feet in width at this location. See sheet 1 of 11 for parcel identification within the project area. The southern most parcel, 2010 Deep Creek Run, owned by Dellaine Risley A Rev Trust, includes the end of the shared boat basin stabilized by a composite bulkhead authorized by State Permit No. 146-17, issued on 12/31/2017 and two existing docking facilities. One of the docking facilities is a 2-slip floating dock extend ng from the bulkhead by access ramp into the private boat basin. The second docking facility is a 4-slip docking facility authorized by State Permit No. 76-16, issued 7/6/2016 that extends from a highground peninsula potentially created using the excavated material when the access channel to the AIWW was constructed. The highground of this peninsula is maintained grass and slopes from the high ground to a transitional area which supports §404 and coastal wetlands. The highground vegetation transitions to occasional shrubs, Marsh Elder (Ivafrutescens), Grounsel Bush (Baccharus halimifolia) and Wax Myrtle (Myrica cerifera) along the marsh's interface. This area of marsh consists primarily of Smooth Cordgrass (Spartina alterniora), Spike Grass (Distichlis spicata), Sea Oxeye (Borrichia frutescens), and Salt Meadow Grass (Spartina patens). Maintenance dredging for the boat basin and access channel is tied to this parcel through General Permit 65089-D issued to a previous owner, Avery Bates on January 21, 2015. The adjacent parcels to the north, 2016 and 2020 Deep Creek Run, owned by Emmett C Aldredge Jr. boarder the shared boat basin with a wooden retaining wall. Waterward of the retaining wall is an area of highground and high marsh approximately 7 feet'wide consisting primarily of small saplings, Wax Myrtle (Myrica cerifera), and Goldenrod (Solidago sempervirens) this slopes into coastal wetland approximately 15 feet wide, composed primarily of Smooth Cordgrass (Spartina alterniora) and Cattail (Typha sp.). Associated with 2016 Deep Creek Run is a 16ft by 16ft gazebo with access to a floating 2 slip docking facility extending from the bulkhead permitted under General Permit 74713-D, issued on September 16, 2019. The northern most applicant located at 2029 Deep Creak Run, owned by Elizabeth A Lennon, boarders the shared boat basin with a failing wooden bulkhead. This property is bordered to the north by the Mason Harbour concrete hardstand that runs adjacent to the AIWW access channel. The access channel is approximately 288 feet in length and 35 feet wide at the narrowest point. This parcel has a 3 slip floating docking facility that originates from the northern side of the bulk head adjacent to the concrete handstand. There is no permit history for this facility in the current configuration, however, State Permit #107-98, issued on October 8, 1998 and modified on February 20, 2001 authorized maintenance dredging, bulkhead construction, and a floating structure with three finger piers. There is an extensive dredging permit history associated with this parcel thought to begin August 31, 1976 when a permit was issued for the former address: 2023 Tumor Nursery Road from the Wilmington District Corps of Engineers (SA WKS75-65-23-229) authorizing the maintenance of the existing basin and access channel. The authorized project dimensions at that time were a 100' X 150' basin (approximate), with an access channel 400' long, having a 2010 2016, 2020, and 2028 Deep Creek Run Page 3 20' bottom width. Both She basin and access channel had an authorized depth of -6.5' at mean low water (MLW). State Permit #139-76 on 8/6/1976 which authorized a basin 100' X 125' and an access channel 400' X 30', both at a depth of -6' MLW. This permit was renewed two times. The last renewal had an expiration date of April 30, 1981. Aerial photography indicates that the project was maintained sometime between 1978 and 1984. The previously mentioned State Permit 9107-98, 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 on February 20, 2001 to authorize hydraulic dredging followed by, a 5 year maintenance renewal issued on January 14, 2002. A site visit was conducted with the North Carolina Division of Water Resources in accordance with the 401 certification requirements occurred October 13, 2020. 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/AIW W 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. PROPOSED PROJECT: The applicants propose maintenance dredging fora private boat basin and access channel. New dredging is proposed to connect the access channel to the USACE maintained channel. New dredging is also proposed around an existing 4 slip docking facility on it common parcel. The excavation footprint of the proposed boat basin is 395 feet in length by 24 feet wide (9;480 sq. ft.)to a depth of-5 MLW. The dimensions of the proposed access channel excavation extend 510 feet in length by 10 feet wide (5,100 sq. ft.) to an average depth of -5 NEW connecting to the USACE maintained channel. Through previous permitting the access channel historically extended a maximum of 486 feet. The proposed;exten'sion appears to add a 30 ft. by 10 ft. (300 sq. ft.) area of new dredging to connect to the edge of the USACE maintained channel. Additional new dredging is also proposed adjacent to 2010 Deep Creek Runon the AIW W. According to the applicant, current depths around the facility range from -l' to -1.6' MLW. Water depths taken by this office during a low tide site visit ranged from -1.2' to - 1.9' MLW. The application states that excavation of an 82 foot long by 51.5 foot wide (4,223 sq. ft.) dredge footprint area would be excavated to -2.5 MLW associated with the 4 slip docking facility. The applicant proposes to mechanically excavate a total of approximately-3,381 cy of dredge spoil using bucket -to -barge method. The excavated material would be taken to a disposal site at the Northeast New Hanover Conservancy, which is located on DA-228 to be placed outside the USACE right-of-way, The application includes authorization from the president of NortheastNew•Hanover Conservancy for use of the spoil disposal island (see Appendix Q. 10. ANTICIPATED EWACTS: The proposed dredging footprint would impact approximately 18,803 ft' of Estuarine Waters and Pubic Trust Area with excavation of approximately 18,803 ft, of shallow bottom area through the use of mechanical dredging. Approximately4,523 ftz of the total, i 8,803 fV have not been previously excavated. The areas where new dredging is proposed include 300 ftz of the proposed access channel and 4,223 ftz of shallow Bottom around the 4-slip docking facility associated with 2010 Deep Creek Run. The entire proposed dredging footprint (18,803 ftz) .would result in the removal of approximately 3,381 cubic yards of material. The disposal of the material would impact approximately 91,287 ftz of highground outside the 75 ft AEC, which would be located onto an existing spoil island, DA-228 outside of the USACE right-of-way that is owned by the Northeast New Hanover Conservancy. Minor increases in turbidity should be expected during construction. Submitted'by: Katharine Elks Date: 10/16/2020 Office: Wilmington 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. There project area in not located in Primary Nursery Area. Historical aerials (Appendix A) show that the access channel from the AIWW and a small basin adjacent to 2028 have existed since at least 1966. By 1981, a well-defined 30' wide by 510' long channel connects to the USACE Navigation Channel while an approximate 400' long by 30' wide basin runs from the current 2028 Deep Creek Run to 2010 Deep Creek Run and continues with a smaller shallower connection back out to the AIWW. Google Earth 1993 imagery shows that the southern connection to the AIWW has shoaled in by this time and marsh grasses have mostly populated the previous channel. The northern access channel and basin in front of 2028 appear to be significantly shoaled, presumably due to the effects from a hurricane. This condition remains until 2002 when maintenance dredging is shown to restore the 30'-wide channel out to the USACE Navigation channel and basin depths. Between 2002 and 2015 the access channel experienced significant shoaling and marsh grasses migrated along the access channel banks and inwards towards the channel from both the south and north. In 2015 the access channel and the basin were again restored to a -5 MLW depth but the access channel was reduced from the original 30' width to a 10' width. Current water depths within the basin range from -I'to -2' MLW in the middle portions to 0' to 2' MLW along some of the edges. Within the access channel, depths 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. An existing 4-slip docking facility associated with 2010 Deep Creek Run was permitted in 2016. Water depths under the floating docks at the time ranged from -2' MLW to -2.5' MLW. Current water depths have shoaled to -1' MLW to -1.6' MLW, accordingly, the applicant is requesting authorization to restore those depths. 3.1.2 Proposed Action There is no upland work proposed. Due to water depths within the existing basin and access channel out to the USACE Navigation Channel, maintenance dredging to the previously maintained -5' MLW is proposed. The 510' x 10' access channel box cut to -5 MLW will generate approximately 596 cubic yards of dredge spoil, the 14,350 s.f. basin will generate approximately 2,500 cubic yards and the 82' x 51.5' area associated with restoring water depths around the existing docking facility will generate approximately 285 cubic yards of spoil. Bucket -to -barge excavation is proposed, and the 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 LISACE right-of-way to place spoil material. See Appendix C for details. RECEIVED DCM WILMINGTON, NC AUG 2 8 2020 Application for a CAMA Major Permit —August 2020 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina ROY COOPER NORTH CARouNA Governor Environmental Quality tv11CHIAEL S. REGAN Secretary BRAXTON C. DAVIS October 16, 2020 Director Land Management Group, Inc. c/o Andy Dortch 3805 Wrightsville Avenue, Suite 15 Wilmington, INC 28403 Dear Mr. Dortch: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Dellaine Risley, Emmett Aldridge Jr., 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 September 30, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 14, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from September 30, 2020 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 pp . V-11 L c: Katharine Elks Field Representative cc: Curt Weychert, DCM USACE Robb Mairs, DWR Christine, Bouffard, LPO Dellaine Risley, Applicant Elizabeth Lennon, Applicant Emmett Aldredge Jr., Applicant D, Q� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.7967215 T 1 (01$ 1 ZaA CAMA PERMIT APPLIES FOR PROJECT: Applicant proposes to perform maintenance & . - . . b- oat . _ channels to the .-•- -0 _ - •Wilmington,• • MMENTS ACCEPTED THROUGH- i kNT e Risley, Emmett Aldredge Jr., Elizabeth eep Greek Run Win, NC 28411 Greg Finch (9101 452.0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICE R BE LOW : i1 MjanarqjeFTn0"t-- 127 Cardinal Dr. 1! ROY COOPER MICHAEL S. REGAN &Yrclan BRAXTON DAVIS llircdnr. 1Fvicim nJf'nunal Mmmgemem October 20, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Dellaine Risley, Emmett Aldridge Jr., Elizabeth Lennon / New Hanover County • John Walker / Pender County • Orton Plantation Holdings, LLC / Brunswick County Hello Angie: Please publish the attached Notice in the Friday, October, 23, 2020 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. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. gincerely, an a Pietila Pe g Support & Customer Assistance cc: MHC Files Curt Weychert— WiRO/MHC USACE State of North Carolina I Emmame W Quality I ComW Mamgrment 127 Cardinal Dore Eat, Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Departmentof Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On October 16, 2020, Dellaine Risley, Emmett Aldridge Jr., and Elizabeth Lennon proposed maintenance and new dredging for a private boat basin & access channel at 2010, 2016, 2020 & 2028 Deep Creek Run, adjacent to theAIWW, in Wilmington, New Hanover County; on October 15, 2020, John Walker proposed to expand an existing docking facility from two (2) to five (5) slips at 435 Hughes Rd, adjacent io Mill Creek, in Hampstead, Pender County; and on October, 12,2020, Orton Planation Holdings, LLC proposed to construct a 1200' long elevated boardwalk with pea gravel on each end at 9149 Orton Road SE., adjacent to the Cape Fear River, in Wnnabow, Brunswick County. Copies of these applications can be examined or copied at the office of Katharine Elks. (New Hanover County), Jason Dail (Fender County) or Ben Brink (Brunswick County) N.C. Dept., of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 for New Hanover County, (9l0) 796-7221 for Pender County or (910) 796-7425 for Brunswick County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead. City, NC 28557-3421, prior to November 13, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to'the time of permit decision. Project modification may occur based on review and comment by the,public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. 4LMG G orn# �> August 28, 2020 TO: Katharine Elks North Carolina Department of Environmental quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Deep Creek Maintenance Dredging Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon LAMA Major Permit Application Request Katharine, RECEIVED AUG 2 & 2020 0CM WILMINGTON, NC Please find enclosed a CAMA Major Permit application and supporting materials for the Deep Creek Maintenance Dredging project located at 2010, 2016, 2020, and 2028 Deep Creek Run, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, I \ —o'° rC4 Andy Dortch Land Management Group Enclosure: CAMA Major Permit Application Package; Fee Check cc: Dellaine Risley, Emmett Aldredge Jr., Elizabeth Lennon www.lmgroup.net • infoQlmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 dodoop signaare vehflution: E0p.us1m,WR.16V-Q050 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Emmett Aldredge, Jr Mailing Address: Phone Number: 2016 Deep Creek Run Wilmington, NC 28411 Email Address: emmett.aldredge@arc3gases.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 and 2020 Deep Creek Run, Wilmington NC 28411 in New Hanover County. I furthermore certify that l 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 Emmett Aldredge, Jr. Print or Type Name Owner Title 08/27/2020 7r- Date RECEIVED This certification is valid through 12 131 /2021 DCM WILMINGTON, NC AUG 2 8 2020 dodoop signamrevedfica[ion: ddp.usfQsMs-kN66-fg22 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.fhat / 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: aoneoY a r.a oaavgli,=AM EDT oa9Y-i9NQ,Aod 9QQM Signature Elizabeth Lennon Print or Type Name Owner Title 08/27/2020 �r— Date 12 RECEIVED This certification is valid through /31 12021 DCM WILMINGTON, NC AUG 2 8 2020 dodoop signature verification: ddous/G k 3TAr CM7X AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Dellaine Risley Mailing Address: Phone Number: Email Address: I certify that I have authorized 2010 Deep Creek Run Wilmington, NC 28411 djrisley@gmail.com 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 2010 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: WI2l/ID I I VBPN FDL ffn-u0[+VDMrtFrq Signature Dellaine Risley Print or Type Name Owner Title 08/27/2020 Date RECEI�i ED This certification is valid through 12 t31 t2021 DCM WILMINGTON, NC AUG 2 8 2020 �LMG !-: ND MAN %(, 1MGVT GROUP a DAVEA company August 28, 2020 WILLIAM T KAREN P ALLISON 1970 DEEP CREEK RUN WILMINGTON, NC 28411 To Whom It May Concern: Dellaine Risley Rv Trust, Emmett Aldredge Jr, and Elizabeth Lennon are applying for a CAMA Major Permit 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 gfinch@lmgroup.net Sincerely, U Zvn.� Greg Finch Land Management Group Enclosures RECEIVED w Jmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 DCM WILMINGTON, NG 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 AUG 2 8 202020 LMG 1AND MANAGEMENT GROUP a DAWEY2 mropany August 28, 2020 MASON HARBOUR BOATSLIP COA INC. 526 WORKS FARM RD WARSAW, NC 28398 To Whom It May Concern: Dellaine Risley Rv Trust, Emmett Aldredge Jr, and Elizabeth Lennon are applying for a CAMA Major Permit 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 gfinch@lmgroup.net Sincerely, �4/AC.fll Greg Finch Land Management Group Enclosures RECEIVED www. lmgroup.net • Phone: 910.452.0001 • Fax: 910,452.0060 -�^,iJl V'dILMINGTON, NC 380S Wrightsville Ave., Suite 15, Wilmington, NG 28403 AUG 2 8 2020 Postal CERTIFIED MAIL RECEIPT _a Domestic Mail Only WurF \i i f i Q; m r:1 lul�7 Ma"" f3.55 G406 m Q' f 60 0 cae8 rM+ub°c ddM� . ❑iWnP�ayta/�wY) • 1 1� nCMIW: C3 o 103 O,rww.ao.w.� • cn nn ew• ❑,.enmpue,•wnmwt.� • P°°"°° f2.8U ;8/28/20Z0 0 m ° d .20 -0 s Sen w ,,,� 1 orb.✓ w\�\. fc��4 n%:...----- o Sireeieid�;14"d'or vUBozxo.—" � i� Postal CERTIFIED MAIL6 RECEIPT L1 Ln Domestic Mail only m WiL1in4�otQ V f_ f A L C USE G m °ertlfleOM • $3.55 0406 ra Ow•.�rrey.p•mcyj aac.aari�'1?11�w 60 o ❑w pw*tw i� s Poam.at o ❑c.w.eww.r.ao.r.y • :n nn N Here p.wnep•w,. n.wr„d orrq o1- Po"'a. f 2.60 m •m�r•m•..m 08/28/2020 .00 a 0 e sent To 11c. T sn M ``.SQL—___.__--_-_.- M1 Srt a„d ;�pp—, urit56 -n --_ .._ n ry L l RECEIV .s:e DCM WILMINGTON, NC AUG 2 8 2020 ■ CompWe Remo 1, 2, and 3. ■ prim your rates and address an the reverts so that are can return the card to you. ■ Attach tMs card to the back of the melipiacet or on the trord H space permits. 1. AiFd Acr!'es-dt IIIIIWIIIIIIIIIUNIII IIIIII W IIIII IIIII III 9590 9402 5776 D003 9736 52 7005 2570 ❑uuu zrua row' P8 Fqm 3811, Juty 2015 PSN 7530-02-0004063 J II I IIII II IIII III I IIII I II it I I I I III II I III it �I III 9590 9402 5776 0003 9736 45 Z an;�ir Nim,ht'r lTransler from serWm �ceU 7018 3090 0001 9313 8155 PS Form 3811. Jury 2015 PSN 7530-02-6MO53 ❑ f#krM1y MYtl Fyveast3 C ner+ Muller ❑ Re9h1Y,W MYA n,Mrlvtoa O Nqum net Ypt Im Mp,NIYMI9Y ❑ FAy,nwrc ConOimatim"° q Sgrpmre f,�nllrmotmn FiYArlraoO DeYvwy DomeWc Retum Pow*t 1 t3AAaA==RWl*d0*-P or+rp�>:tuAa meu nxlncl<d 0 ocaamwa�a.nmawr r ° aaGn =ll101 0000.aems+r.y osarow�conl�+Y,r,Y,,, 13/'.U1BGtMt)7tCli ❑SI;JxAY�Y (:onil,nuilhu, o MN ❑E MW aIrWd 0*M ntMM1clad pONW c_"\o Dorteeec fieu.n Raoapt 1 RECEIVED SEP 0 9 li i DCM WILMINGTON, NC RECEIVED SEP 0 9 2020 DCM WILMINGTON, NC USFS7RA psc�d lI Poor l-CassMNo. GB0Pald� IIIIIIIIIIIIIIII�IlNlI!l111Nti iBllllld 9590 9402 5776 9003 9736 45 United States Postal Service pr1n1 you name, �LMG NU MnNA1:PMP.Nf UN01'1 O�Itr+ 3905 Wrightsville Ave - Suite 15 Wilmington, NC 28403 'lillll��'11�"`111�"I'ill��"Ipl�lllll'�'f�l�lll`n61`n`�n` I LISPS TRACKNG0 First -Class Mall J 1�jl fkk 11411 IIPostage& Fees Paid f Permit No. G-10 9590 9402 5776 0003 9736 52 United States Postal Service U3-94641S • Sender. Please print your name, address, and ZIP;3s In this box• L M C_i LANO MANAGEMENT GPOUP OAVL� 3806 Wrightsville Ave - 9u16a 1 S Y Wilmington, NC 28603 "141'f�1'nuttlhl'411w16'ilt'dhth41141'trltlpplp RECEIVED SEP 0 9 2020 DCM WILMINGTON, NC ALERT: AS HURRICANE LAURA RECOVERY EFFORTS ARE UNDERWAY IN GULF COAST AREA... USPS Tracking' Track Another Package + FAQs At,P �L9d Tracking Number: 70183090000193138155 �� Remove X Your item was delivered to the front desk, reception area, or mail room at 3:14 pm on August 31, 2020 in WILMINGTON, NC 28411. G Delivered August 31, 2020 at 3:14 pm Delivered, Front Desk/Reception/Mail Room WILMINGTON, NC 28411 Get Updates u Text & Email Updates Tracking History u Product Information u RECEIVED See Less n SEP 0 9 2020 DCM WILMINGTON, NC Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. Appendix C-Spoil Disposal Location and Spoil Disposal Permission Letter RECEIVED DOM WILMINGTON, NO AUG 2 8 2020 ' RECEIVED DCM WILMINGTON, AUG 2 S 2020 NOTES% 1. SPOIL DISPOSAL MAP FROM MARITECH. Dale: Renaim Doke: 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR EN crook Dredging 101=19 1;11/2019 AS Noted I LMG20.190 poll Disposal Drawn Sy; Sheer Wxaaar Area WAD 1 01 ter#. 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 a DIYEY# companv in 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 RECa-iV; DGiM WILMINGTON, NC AUG 2 3 2023 Elks, Katharine B From: Finch, Greg <gfinch@lmgroup.net> Sent: Wednesday, September 30, 2020 8:47 AM To: Elks, Katharine B Subject: [External] Fwd: Pre -Filing Meeting Request Submittal for Deep Creek Maintenance Dredging Attachments: DWR Pre -Filing Meeting Request Form.pdf Follow Up Flag: Flag Status: Hi Katharine, Follow up Flagged Please see the attached Pre -Filing DWR Meeting Request. Also, please add the two below statement to the project file as required: 1. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. 2. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Let me know if there are any other requirements. Any help or expediency to accept this project as complete for processing would be greatly appreciated. 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 RECEIVED Forwarded message --------- SEP 3-0 i;i From: <laserfiche(ZDncdenr.gov> Date: Wed, Sep 30, 2020 at 8:41 AM DCM WILMINGTON, NC Subject: Pre -Filing Meeting Request Submittal for Deep Creek Maintenance Dredging To: <gfinchCdlmgroup.net> The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Deep Creek Maintenance Dredging that you submitted on 9/3012020. Attached is a copy of your initial request. Contact Name * Greg Finch Contact Email Address* gfinch@lmgroup.net Project Owner* Risley, Lennon and Aldredge Project Name ` Deep Creek Maintenance Dredging Project County" Naw Hanover Owner Address: street Adtess 2010 Deep Creek Run Adde s Lne 2 ay Rate / Rwice / gxJm Wilmington NC Foetal / Zip GXL QXItry 28411 New Flanover Is this a transportation project? f Yes (- No Type(s) of approval sought from the DWR: A 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express r Individual Permit r Modification r Shoreline Stabiliznfion Does this project have an existing project ID#? f Yes r No Do you know the name of the staff member you would like to request a meeting with? Robb i airs Please give a brief project description below.* RECEIVED SEP 3 0 l.) DCM WILMINGTON, NC Section 6. a. Project Narrative 3.1.1 Project Location and hosting Conditions The project is located on the Atlantic Intracoastal Waterway at 2010, 2016, 2020 and 2028 Deep Creek Run in Wilmington, Now Hanover County. Waters In the project area are classified as SA, ORW and are not open to shelf fishing. The project area in not located in Primary Nursery Area. fistorical aerials (Appendix A) show that the access channel from the AIWW and a small basin adjacent to 2028 have existed since at least 1966. By 1981, a Nell -defined 30' wide by 510' long channel connects to the USACE Navigation Channel while an approximate 400' long by 30' wide basin runs from the current 2028 Deep Creek Run to 2010 Deep Creek Run and continues with a smaller shallower connection back out to the AMWy. Google Earth 1993 imagery shows that the southern connection to the AIW W has shoaled in by this time and marsh grasses have mostly populated the previous channel. The northern access channel and basin in front of 2028 appear to be significantly shoaled, presumably due to the effects from a hurricane. This condition remains until 2002 when maintenance dredging is shown to restore the 30'-wide channel out to the USACE Navigation channel and basin depths. Between 2002 and 2015 the access channel experienced significant shoaling and marsh grasses migrated along the access channel banks and inwards towards the channel from both the south and north. In 2015 the access channel and the basin were again restored to a -5 MLW depth but the access channel was reduced from the original 30' width to a 10' width. Current water depths within the basin range from -1' to -2' MLW in the middle portions to 0' to 2' MLW along sorn , of the edges. Within the access channel, depths range from just less than -1' MLW to -2' MLW until they begin to taper doom to the deeper waters of the USACE Navigation Channel. An existing 4-slip docking facility associated with 2010 Deep Creek Run was permitted In 2016. Water depths under the floating docks at the time ranged from -2' MLW to -2.5' MLW. Current water depths have shoaled to - 1' MLW to -1.6' MLW, accordingly, the applicant is requesting authorization to restore those depths. 3.1.2 Proposed Action There is no upland work proposed. Due to water depths within the existing basin and access channel out to the USACE Navigation Channel, maintenance dredging to the previously maintained -5' MLW is proposed. The 510' x 10' access channel box cut to -5 MLW will generate approximately 596 cubic yards of dredge spoil, the 14,350 s.f. basin unit generate approximately 2,500 cubic yards and the 82' x 51.5' area associated with restoring water depths around the existing docking facility will generate approximately 285 cubic yards of spoil. Bucket -to -barge excavation is proposed, and the 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. Please give a couple of dates you are available for a meeting. 9/30/2020 Please attach the docunwntation you would like to have the meeting about. Deep Creek Run Figures 2020-8-21.pdf 13.99MR pd arty RECEIVED SEP 3 0 2027 DCM WILMINGTON, NC By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Sect -ton 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meefing request • I also understand that DWR is not required to respond or grantthe meeting request. Your projects thirty -day clock started upon receipt of this application. You will receive notification regarding meeting bcation and time if a meeting is necessary. You will receive notification when the thirty -Jay clock has a)pired, and you can submit an application. Signature's Submittal Date 9/30/2020 RECEIVED SEP 3 0 2020 DCM WILMINGTON, NC 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Project Name (if applicable) NA Deep Creek Maintenance Dredging Applicant 1: First Name MI Last Name Dellaine n/a Risley Applicant 2: First Name MI Last Name Emmett n/a Aldredge, Jr. Applicant 3: First Name MI Last Name Elizabeth n/a Lennon Mailing Address PO Banc City State 2010 Deep Creek Run n/a Wilmington NC ZIP Country Phone No. FAX No. 28411 USA 910-443-0354 NA Street Address (l/dUllarerd from above) City State ZIP NA Email dirisleyOurnail.com , Emmett.aldredce(aarc3cases.com , bethlennon(cDmac com 2. AgentContractor 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 rVa Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. n/a n/a e)l. n/a FAX No. Contractor a 910-452-0060 n/a Street Address (d different from above) city State ZIP NA Email pf nch((illmcrouo.net adortchna.lmgrou0.net Application for a LAMA Major Permit —August 2020 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina RECEIVED DCM WILMINGTON, AUG 2 8 2028 3. Project,Location County (ran be multiple) Street Address State Rd. it 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.(s) (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 White Oak AIWW 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 a. Is proposed work within city limits or planning jurisdiction? f. Ifapplicable, list the planning jurisdiction or city Iimit,lhe proposed ®Yes ❑No work falls within. New Hanover County 4. Site Oescripdon.. -. a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 486' within basin @ NHW 9.62 +/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 3.72 ac, 0.47 ac, 1.65ac, 3.78 ac NWL (normal waterlevell (If many lot sizes, please attach additional page with a list) 0'-26' ®NHWorr❑NWL e. Vegetation on tract Shrubs, trees and lawn grasses. I. Man-made features and uses now on tract Residential homes, bulkhead, rip rap and docking facilities. g. Identify and describe the existing land uses atl acent to the proposed project site. Residential. homes and docking facilities; Mason Harbour Yacht Club. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? R20 (Attach zoning compliance certificate, ti applicable) ®Yes []NO ❑NA J. Is the proposed activity pert of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? RFC'FI D Application for a CAMA Major Permit —August 2020 DCM WILMINGTON, NC 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina AUG 2 8 2020 m. (i) Are there wetlands on the site? ®Yes ONO (ii) Are there coastal wetlands on the site? ®Yes []No (iiI) If yes to either (7 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 driNdng water supply source. Well p. Describe existing storm water management ortreatment systems. None WrAi7c ifies andTlmDacts a. Will the project be for commercial, public, or private use? - - []Commercial ❑Publto(Govemment ®PrivatelCommunily b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicantspropose to conduct maintenance dredging within the existing basin and access channel out to the AIWW and around the existing docking facility associated with 2010 Deep Creek Run. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. 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 ident(fled. d. List all development activities you propose. Maintenance dredging to -5 MLW associatedwith the basin and channel. Maintenance dredging to -2.5 MLW around the existing docking facility adjacent to the AIWW. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? Both. If. 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 stonnwater be dischargedintoa wetland? -No new discharges []Yes ®NO ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes [-]NO ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal: RECEIVED SEP 2.12020 Application for a CAMA Major Permit -August 2020 DCM WILMINGTO NG 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina 4 6. Addifional inknnafion ' In addition to this completed application form, (MP-1) the followingitems below, If applicable, must be submiffed'in order for the application package tabu complete. Items (a)-'(D are always applicable to any maJordevelopment application. Please consult the applicallan instruction booklet on how to properly prepare the required Reins 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 potion 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 suffidently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with stale application only) or other Instrument under which the applicant claims tige to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and 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 an 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 COA, Inc. Phone No. NA Address 526 Works Farm Rd, Warsaw, NC 28398 Name Phone No. , Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers; perml0ee, and Issuing dates. Permits prior to 2002 not found. 2D02 maintenance event permit not located. GP 650089-D, Avery Bates, 1121t15. h. Signed consultant or agent authorization forth, if applicable. 1. Weiland delineation, It 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. Certiricafiod and Permission to Enter on'Land - - I understand. that any permit issued in response to this application will allow project will be subject to the conditions and restrictions containedin 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 applicationand 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: 8/28/2020 Print Name: Greg Finch, Agent, Land Management Group Signature Please indicate application attachments pertaining to your proposed project. RDCM MP-2 Excavation. and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information • RECEIVED Application for aCAMA Major Permit —August 2020 LXX VVILMINISTE)K 2010, 2016, 2020 and 2028 Deep Creek Run AU G 2 2020 Wilmington, New Hanover County, North Carolina 5 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Docking Boat Boat Rock Rock Other (excluding (NLW or Facility Basin Ramp Groin Breakwater shoreline NWL stabilization) Length 510' 51.5' 395' Width 10, 82' 24 (average) Avg. Existing Depth -1 MLW -1 MLW -1' MLW NA _ NA Final Project Depth. 5 MLW 2.5 MLW 5' MLW NA NA 17. tAGAVAIWN'- . - ❑Tfiisseclionnofapplicatile 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: -598 ; Basin: -2,500 ; Docking Facility: -285 c. (i) Doesthearea to be excavated include coastal wettandslmarsh 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 NNone (if) Describe the purpose of the excavation in these areas: NA I, 2. -DISPOSAL:OF EXCAVATED MATERIAL ❑This section not applicable a. DA 228, outside USACE ROW adjacent to existing dike. See Appendix C. Dimensions of disposal area. 200' x 100', upland portions adjacent to DA 228 and existing dike. See Appendix C. C. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ❑Yes NNo ❑NA NYes ❑No ❑NA (II) If no, attach a letter granting permission from the owner. (li) If yes, where? See Appendix C. Same location. e. (i) Does the disposal area Include any coastal wedandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the :number of square feet affected. ❑CW ❑SAV _ ❑SB OWL NNone (if) Describe the purpose of disposal in these areas: NA. f. (i) Does the disposal include any area In the water? ❑Yes NNo ❑NA (ii) If yes, how much water area is affected? RECEIVED Application for a CAMA Major Permit -August 2020 D15W."ALMINGTON. NO 2010, 2016, 2020 and 2028 Deep Creek Run AUG 2 S 2020 Wilmington, New Hanover County, North Carolina 6 I SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill 00ther. C. Average distance waterward of NHW or NWL: e. Type of stabilization material: Width: d. Maximum distance waterward of NHW or NWL: F. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ONO ❑NA. 00 If yes, slate amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level, h. Type of fill material. Bulkhead backfill Ripmp Breakwater/Sill Other I. Source of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable. (Excluding Shoreline Stabilliation) a. (I) Will fill material be brought to the site? ❑Yes ONO ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (it) Amount of material to be placed in the water (!if) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or it[[ material be kept on site and erasion controlled? No land disturbing activities at the project site. Dredge spoil will be placed along and adjacent to the existing diked disposal area outside the USACE ROW on DA 248. See Appendix C. a (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be Implemented. NA suomergeo aquancvegeiabon (SAv), snea bottom (SB), 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 the fill in these areas: NA What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Typical dockconstruction and bucket to barge equipment backhoe, excavator, barge and bobcatibulldozer. d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA (it) If yes, explain steps that will be taken toavoid or minimize environmental impacts. NA Dar. 8/28/2020 P,uj ct Nam. , Deep Creek MaintenanceDredging Applicant Na.. Risley, Aldredge and Lennon ' Applicant sig..ture f,.t ,., I DCM WILMINGTON, NC Greg Finch, Agent, Land Management Group Application for a CAMX Major Permit — August 2020 2010, 2016, 2020 and 2028 Deep Creek Run Wilmington, New Hanover County, North Carolina 7 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee $400 #2064 CDAITS MHC cr,L Applicant Deflaine Risley, Emmett Aldredge Jr., Elizabeth Lennon Agent/Contractor: Land Management Group // Greg Finch Project Site County: New Hanover Staff: Katharine Elks District: Wilmington Project Name: Deep Creek Maintenance Dredging Rover File: n/a River Basin: White Oak Initial date of application submittal: 08-28-2020 Date application "received as complete' in the Field office: �� 3p o SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes No PNA: Yes No Photos Taken: Yes No Setback Required (riparian): Yes o Critical Habitat: Yes o ❑Not Sure 15 foot waiver obtained: Yes o Hazard N tificabon Returned: ❑Yes l0 SAV: ❑Yes WNO Not Sure Shell Bottom: ❑Yes o ElNof Temporary Yes []No Sure Sandbags: []Yes 54No Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: [Yes ❑No ❑Yes ;ffNo Length of Shoreline: Moratorium Conditions: Environmental Assessment Done: I§J'es ❑No ❑NA []Yes I�No []NA U FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Ope -or- Closed F 2. S 3 SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ..c, LA,\r!J ImrAl I Eu ❑ (404) Corp. of Engineers (Jurisdictional wetlands) (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Sall marsh cord rags (Spartina (SY) Salt reed grass (Spartma altemifiora) cynosuroides) (DS) Salt or spike grass (Distichlis spicata) (SC) Bullrush or three square (Scirpus El (Ty) Cattail (Typha sp.) sp.) ❑ (JR) Black needlerush (Juncus El (SP) Sait/meadow grass (Spartma roemerianus) patens) APrLir-ATiON Ftt No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 can be applied - $250 III(D) Priv. public or comm w/ D&F to 1 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ 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 ❑ 111(3) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - II. Public or commerciaI/no dredge $100 and/or fill-$400 I. Private no dredge and/or fill - $250 EJ III(C) Priv. public or Comm acre; 4144 can be applied; DCM needs DWO agreement - $400 D. Risley, E. Aldredge Jr., E. Lennon Date: 08-28-20 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 t Dimension 2 Dimension 3 Dimension 4 One One New Work Maint Replace ❑Y❑N to/ rS(�� F �5 New Work EF Maint g Replace ❑ Y ❑ N .1 New Work Replace r Maint❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y [IN New Work 0 Replace Maint ❑ ❑ Y [IN 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. (Anticoated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any anticipated Excludes any restoration total includes any anticipated Excludes any restoration and/or restoration or and/or temp restoration or temp impact temp impacts)._impact amount) temp impacts) amount Dredge Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill V Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733.2293:: 1.888.4RCOAST::vr .rjccoastalmaneaement.net revised: 02/26H8 Date Received Date Deposited Check From Name of Permit Holder Vendor Check Number Check amount Permit Number/Comments 9/3/2020 Davey Resource D. Risley, E. United 2064 $400.D major fee, 201 -Deep Creek Run, KE rct. Group Inc. Aldredge, Jr., E. Bank Wilmington NHCo SPLIT 60/40 10787 Lennon Major Permit Fee Schedule Project Name: p?�p_P Cv<l.lk Mo.i"+ County. N%i Check No & Amount t) c6111, _ aoI.04 I �k 40G, Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or $250 100% ($250) 0% $0 ( ) open water areas: 11. 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 $250 100% ($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: III(C)- If General Water Quality certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality 1 Certification No.4175 cannot be epptied: $4VV / 60% ($240) 40% (S160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: Curt Weychert County: N n Permit #: WIRO E-MAIL DISTRIBUTION SHEET I Circle o e:Bio Rep /Permit for: �ledel MAVek Oversize P sent: L I DCM Offices: r� Morehead City: PT (if oversize) via Courier l *cc Curt & Amanda on group email wi bio.narr.app.drawings, deed, comment sheet 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy _r ONLY USACE & DWR /wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: n er Carteret Co): PN, CL, Reports, Split Sheet _ use bothire mingtoZREG@usace.army.mil (NH/BR) PN, CL, Reports, Split Sheet _ g Currey (NHlBR: PN, CL, Reports, Split SheetDiv of Water Resources: bb Nair, - 401 (BR/NH). PN, CL, Reports, Split Sheet _ 1 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: hen Montalvo for Karen Higgins PN, CL, Reports, Split Sheet Marine Fisheries: m Harding DCMPlanner/WiRO: 4ikeChristenbury— Cultural Resources: 6nee Gledhill -Earley Environmental ReviewRriccienrgov Natural Heritage Prog. odney Butler DCA-Rural Eco. Dev: ark Ziegler_ NC DOT: david Harris _ Wildlife Resources: .,10aria Dunn w/Reports State Property Office: "fib Walton: DEED _ y.Milse Moser _ anda Hilliard, Real Property Agent (Bio Reports only) — Shellfish Sanitation: Weremy Humphrey (Bio) /4;gennen-deti+kirrsf,4y — J>haron Gupton, Admin DEMLR: 1-Ch� istine Hall - Stormwater Section _ .B"an Sams - Land Quality Section Public Water Supply: Heidi Cox City of Wilmington: thryn Thurston — Enforcement: Field Rep: 11(4"a VIA/0 [/ t Y-J ' —�rr—r , — Co. LPO l/V�V�"l t l a(,�Y)-fXGZ-a— Agent: z� DISTRIBUTED. to k 1 r f Updated 10101,20 CAMA/Shaun majors docs/e'Agency List 09 Hook 5937 Page 565 c` BK:RB5937 �III�IIu�II�IIIIIIII11luI01I10 REC 5P70 2076037786 NC FEE$2&W RECORDED: 12-14-2015 NEw FANO= COUNTY, NC STATEOFUC 04:45:58 PM mmmrrBEuscH BEASLEY pEALESTTX ATE Br: CAROLHUGHLEr REGISTER OF DEEDS QG DEPl1Ir Prepared by: Clark, Newton & Evans, P.A DESC: 1.88 ac Waters If checked, the 509 Princess Street; PIN: R04500-004-006-000 property residence includes the primary of at least one of the Wilmington, NC 28401 REV: $ ,SDob-av Cw— 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, NC28404, and, DELLAINE ANDERSON RISLEY, TRUSTEE OF THE DELLAINE ANDERSON RISLEY REVOCABLE TRUST DATED APRIL 13, 2012, AS AMENDED, whose mailing address is �O/o 17 ' C* pW W rs,.,,,, Frv, r 7vC agyll 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 (as calculated to J RECEIVED DCM WILMINGTON, NC AUG 2 8 2020 Book 5937 Page 566 H.W.L.) Edward Avery Bates and Lauren Bates Galleher, 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/D Virginia Avery Reich, and referencing Book 3950, Page 724, all as shown on map entitled "Casa do Mar," recorded in Map Book' 6� Page -101 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, orthrough 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 Gallaher, 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. RECEiVIF-0 DCM WILMINGTON, NO AUG 2 8 2020 Book 5937 Page 567 The Successor Trustees named herein are compos mends, 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 bylaw, as of the day and year first above written. 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, BY: 49 (SEAL) Edward Aliery Mtes, Trustee BY: EAL) Lauren Bates Galleher, Trustee CONSENT: (SEAL) Virginia AveryRe(chl - REQEiVED DCM WILMINGTON, NC AUG 2 8 2020 N¢r„w mmc rz Hook 5937 Page 568 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 , 20.15. [OFFICIAL SEAL] Notary Public My commission expires: 0 Notary's Printed or 7 � pv Name RECEIVE® DCM WILMINGTON, NO AUG 2 8 2020 Book 5937 Page 569 )'-I" *Wig /k 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 �� 2015. [OFFICIAL SEAL] Notary Public �9 A-f My commission expires: Notary's Printed or Typed Name ��� [ o O m m y COUNTY, NORTH CAq�L'.lNA K .• \.� I certify that the following person(s) personally.appeareEf �fpKe\iiie 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. [OFFICIAL SEAL] Notary Public �62A f LZ�V*US Notary's Printed or Typed Name My commission expires: &�10r�e�1 C p m= W v •n= C1 K •�� ...... \\\RECEIVED DCM WILMINGTON, NC AU G 2 s3 2020 Hook 5937 Page 570 ��HTY �0 ry TAMMYTHEUSCH New Hanover County BEASLEY ., Register of Deeds i Register of Deeds 216 NORTH SECOND STREET i WILMINGTION, NORTH CAROLINA 28401 Telephone 910-798-4530 f Fax 910-798-7751 sm+` f1H1#ff1HH Hf NYiffiif if iHNiiH df HlHfif if 1i1HiiHfif11ff11Hf1H111fifYifiH 111H Hi Hlf ikf Ir1 N1f Hf State of North Carolina, County of NEW HANOVER Filed For Registration: 12/14/2015 04:4S:58 PM Book: RB 5937 Page: 565-570 6 PGS $5,026.00 Real Property $26.00 Excise Tax $5,000.00 Recorder: CAROL HUGHLEY Document No: 2015037786 1H HfliiiMiYiii NfiH kilH lH if N kHHf HllHii HfikHMfiflH HlffHMf 1f fHfiff 1H1Hf lH1fI H11 iiMH1♦ 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 WILMINGTON, NO 1111IH1����I1111N F W-ft. I, THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: SIEGEL & RHODENHISER, PLLC STATEOF NORTH CAROLINA Tax ID No.: R04500_ -004-004-000 COUNTY OF NEW HANOVER A—A-�c a 0100 REVENUE STAMPS: This property was not the Grantor's primary residence: Property Taxes are paid thm 2012. WARRANTY DEED THIS DEED, made this 28th . nay of October . 2013, by GALLCAN LLC, a North Carolina limited liability company, of 1908 EASTWOOD, ROAD, SUITE 319, W1LNIINGTON, NC-28403, GRANTOR to EMMETT C. ALDREDGE, JR. of 221 Itox_Walk Path, Garner, NC 27529 GRANTEE; WITNESSETH:. That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or paroel of land situated in the County of NEW HANOVER and State of North Carolina, and more pindcularly described as follows: SEE EXHIBIT A Return to MTG RECEIVE® DCM WILMINGTON, NO AUG 2 8 2020 TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land,, and all privileges and appurtenances thereto belonging to the said Grantee: in fee simple; subject, however,'to the exceptions; reservations and conditions herein referred to. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the 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 is subject to the following exceptions: (a) subject -to County and Local Zoning Ordinances; (b) subject to standard easements for utilities;. (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. The designation 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. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed, in its 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. n w (SEAL BYTE P.GALLEHER-:MEMBER-MANAGER STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1; 9MVEN P. SIEGEL a Notary Public in, and for the State and County aforesaid,, certify that EARL P. GALLEHER personally came before me this day and acknowledged that he is the Member -Manager of GALLCAN, LLC,, a North Carolina Limited Liability Company and that:by authority duly given and as the act"of the Company, the foregoing instrument was signed in its name by its Member -Manager. Witness my hand and official seal this -J S( day of c' \%bt F 20 Notary Public My commission expires:.q—if--l-C ) R C C E I V Er Q LM:rDCM WILMINGTON, NO AUG 2 8 2020 EXHIBIT "A" TRACT BEING ALL OF TRACT'"B" OF THE RH WALKER ESTATE AS THE SAME IS SHOWN ON A SURVEY MAP PREPARED BY G DOUGLAS JEFFREYS,'PLS, DATED JANUARY I6. 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, SUBJECT, HOWEVER, TO A PERPETUAL EASEMENT THIRTY (30) FEET IN WIDTH ON, OVER,, AND UNDER THE SAID TRACT "B" FOR THE PURPOSE OF INGRESSAND EGRESS .AND THE INSTALLATION AND MAINTENANCE 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 'CORNER OF TRACT 'B" AS RECORDED IN MAP BOOK 38 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 41613 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 OF 415.61 FEET TO THE SOUTHERNMOST BOUNDARY CORNER OF TRACT 'B" AS RECORDED IN MAP BOOK 38 PAGE 326' IN THE NEW HANOVER COUNTY REGISTRY, THENCE FOLLOWING A CAMA.LINE AS RECORDED IN MAP BOOK 38 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 RECEIVED DCM WILMINGTON, NC AUG 2 8 2020 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 flfNffHfllf fNllfftlflf Nlf4fl11f 1NfNff f t. f ffffNfff ff Hf fftflf f f f ffflfNftf lffN1f 11f f11fNMIrH1f 11NlfHlflNffYf Filed For Registration: 1013112013 02,30.42 PM Book, RE 5780 Page: 363-366 Document No : 2013038980 4 PGS $26 00 NC REAL ESTATE EXCISE TAX: $1,220 00 Recorder. JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2013038980* 2013038980 RECEIVED DCM WILMINGTON, NC AUG 2 8 2020 Book 6128 Page 2920 On11 PG:2920-2922 ullllllO�ul�I�IIIIIOII�IIII� RECORDED. 2018008647 NC FEE M00 03-23-2018 NEW HANOVER COUNTY, NC 03:05:15. PM TA Y1 EuscH aEASLEY BY: STEPHANIE PEREZ REGISTEROF DEEDS aevury .. AFFIDAVIT FOR, REAFFIRMATION, RE -EXECUTION AND REACKNOWLEDGMENT OF PREVIOUSLY RECORDED WARRANTY DEED Prepared by: MURCHISON. TAYLOR 8 GIBSON: PLLC The undersigned,hemby reaffirms and reacknowledges'.the terms and conditions of that certain Warranty Deed recorded on October 18, 20171n Book 6096, Page'1075, New Hanover County Registry, by and between Walker Sitters, LLC, A North Carolina limited liability company and Emmett A Aldredge, Jr. which terms and conditions are incorporated herein by reference as iffully set forth, The undersigned hereby acknowledges that the purpose for the recording of this reaffirmation, re-eueculton and reacknowledgment of said Instrument is: To correct the middle Initial of the Grahlee. Grantee's name should be Emmett C. Aldredge, Jr. To the extent not inconsistent herewith, the undersigned hereby retires and reagimis the terms, conditions and Conveyances contained in the above -referenced Instrument incorporated herein by reference. I WITNESS WHEREOF,.the undersigned has duly executeC this Instrument this the day of 2018. , Wpayscstams I,ty p� w {EndTy N— a Pdnft Name:Laure Walke (SEAL) (SEAL) PdnbT a Name: Print/Type Name: 'i / Slate of kft yW County of AEfU./�� (certify that this document was signed and swom to (or affirmed)' berate me this day by the following parasols), which pereon(s) " PAULCUTNAN ,personally, appeared before me this dy each acknomdeAgInnic ftW he oryt I9ned the forego t d current G �: Notary Public, Soft afNwYork No. MOU6136e70 �f// CAL//`` of C me(a) pdncipal(s)l Q 41ffbdln NawYeikcouun"t'y'���Q Commbsrun Markets April Ortyt Date: ry Up ' My Commission Expires.. io1116 185765 March S. 2014: Thissample form provided as a service to the arantoAgrantee. Drafting legal Instruments which convey an Interest in real property is the practice of law by statute (NCGS 84-2.1). RECEIVED DCM WILMINGTON, NC AUG 2 8 2020 Book 6128 Page 2921 State of Z (Cauntyof1)1& r ANGELA E, BILYOU Notary Public, State of New York Reg. # 01616796129 �uaiified in Ulster C unt Commission Expires II p 165765 March 5, 2014 This sample form provided as a service to the grantadgrantse. UreRing.legal Instruments which convey an interest In real property is the practice of low by statute (NCGS 64-2,1), RECEIVED DCM WILMINGTON, NC AUG 2 8 2020 Book 6128 Page 2922 ODUtSTY• VO TAMMYTHEUSCH New Hanover County BEASLEY 0 s Register of Deeds <' Register of Deeds Y 320 CHESTNUT ST SUITE 102 a WILMINGTON, NORTH CAROLINA 28401 Telephone.910-798-4530 r Fax 910-798-7716 'still, , V a uaub Hafauuaar••aHu♦anal ai•as arMau aaaa Hato aaaaaafa ••aaaa.H aaaaa•a• •af aaf atlra•araarr uaf aaN Hra. State of North. Carolina, County of NEW HANOVER Filed For Registration: 03/23/2018 03:05:15 PM Book: RB 6228 Page: 2920-2922 3 PGS $,26.00 Real Property $26.00 Recorder: STEPHANIE PEREZ Document No: 2018008647 tHararafrtlrrr raa as uaaaaiu aaa ra aeaaaaaaalaaa aa9 Yaa baaa uaa rrraa Ylar r. aaaaa a aaaaaaaaaaaa aaaa31 aaa1a aaa• DO NOT REMOVE! This cartifioation sheet is a vital part of your recorded doonnent, -hen re-record;„ please retain with original doeument and submit RECEIVED DCM WILMINGTON, NO Au 2 e 2020 ax6N REGI61ppriGN pEGisrElt GF OEE Nd XNN.LGI wifirY15Nt 2GI2 NOV @1 G312 00 PM BK 5685 PG 1210-1273 FEE 126 W II�iRU�NI C! 201�038944 RET[JRNTO This instrument was prepared by Parcel #R04500-004-003-000 ft frev 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 i day of YL-f —1,,. , 2012, by and between JOSEPH H JOHNSON, JR and wife ANN W JOHNSON; 2028 Deep Creek Run, Wdmmgton, NC 28411 ("GRANTORS"), and ELIZABETH A LENNON, 7120 Market Street, Wilmington,NC 28411 ("GRANTEE"), WITNESSFTH 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 Grantee's successors and/or assigns, all right, title, claim and interest of the Grantors in that parcel of land in the County of New Hanover, 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 Togetherwithall 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 u�& 4ran (SEAL) oseph Johnson, Jr R EC E 1 (SEAL) DCM WILMINI Ann W Johnson STATE Op NORTH CAROLINA AUG 2 8 COUNTY OF NEW HANOVER r I. I!L j / - (ow a Notary Public of the County and State. aforesaid, cetnfy that Joseph H Johnson, Jr and Ann W Johnson personally appeared before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and official seal this I &ty.commrssion expires / �% /ii- �� = j StOTggr NOTAR U LIC £ipOBLie NC n; w o• rraa�KE � D�AHI°I 7 It A $ndfi�� a a��nQ�'•,�h Pt V Aw Olt 16 it a on goo jig. dptdyq�a Q pRrp� m.rp dR Rp ern nd qm Ab u$$ r BI rpd A p$®t1. p� QN R �} 1� p pAANM«nnw�k$OOapW97 rQ _tl p Y„O jig op goo OYCD$AMR°rA�►°SAQpr�aµHpp�gj, N' �gayy4ro°Oftp1Q�Qp�piaR°t�A'APPaA��HP� .GbF�41 AM.n�P�pC2de00F+�p 3fFnglip Rn 77� p$rdar eb0u °�wMA u� 8n111ia He Rp o Ellie a$ MR+4,q Dsn$ i0'•f .a,ia! PPtt W11� 6 a �8I�� tar��d7�m'w'8 qy g ei 0 ,e Ca a' ygma� N ,� QAr yoH�3�di5 A �Yi ° Giro mi+ua a m 3 a m $ 09 1 iM m• A•tw.wM� 41 .�pp g8 qp Q�W oo QQ'' p q o q� d g�mmOiy >,ib ,•A js,o A4 • .pAM f+}s�pl,C Ito At f°iaC . N4VII.6 q WhN�Jnd �l�I'jA• gmp�Oj •° {j HeOi'hA•�W•d wYW� 19,14 M�77Q�gJ43 0��. 4 om�v.�i991w psn0j Hiflaij:41 Of i� �} ��w q�aag aq� � aJmmyn aNa �• oAparD� iN a �b/ipa� /1U6>N NN RrI � Weidm pIm OM a q . �.a�91�ii °4p �����ov�pm �>g gg3dA O g AW �4JC�MR�'�O'tl �A+gi�.p'SSgg q ppq yo.•�p d tl yoq Ap A0�dbe�4�Vm�4�innd�q�N.1;ipRi+dd JENNIFER H MACNEISH REGISTER OF DEEDS, NEW HANOVER 216' NORTH SECOND STREET ,WILMINGTON, NC 28401 ....................... ............ ..... H... t............... .M........ ........ *H............ .......... N\....... .N... Filed For Registration Book - Document No. Recorder 11/0112012 03:12.00 PM RE $685 Page 1270-1273 2012038044 4 PGS $26.00 JOHNSON,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER -PAGE WITH ORIGINAL DOCUMENT. *2012038044* 2012038044 Rwo,ticad Imp moot BE off` - d??+! JI DCM WILMINGTON, NO. AUG 2 8 2020 IWT PJ Buena Vista Circe t � ,Uri � �. )' •.\ � Site Sound Loop Road • ��_• _� 1L .}';� ' ovation Map pA` NTS —1 Vvr{ S\il •f f £ 1�. 7. r_ 1 .` L Legend NOTES: Subject Parcel Boundaries ----------- 1. 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. NHC Tax Parcels 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Proged Dme: Reviean Dale: USACE Navigation Channel T � Deep creek 8/21/2020 NA L USACE Setback Dredging I NDMANAGEMENT GROUP Breb' sN� Title 1"=150' LMG20.190 3805 wngla W e Ave Sutte 15 Site Loca00n and Dram By Sheer Number Q_ 75 15D [ino Wimingkin, Na Cardin 28403 Existing COnditi0ns WAD 1 OfIll 910452-0001 40 • 1 r�;r L , d- WL • tI �, f - ry. f CTry �, l w, r J tv •. ., r %, 00• It 71, life s� r V� e �7 r r�V k V Subject Parcel Boundaries Legend NOTES: (Outline) ----------- 1. 2018 PARCELS NCONEMAP. Proposed Maintenance Dredge Bounds - -- — — — — -- 2. 1966 AERIAL FROM NHC GIS. ProlW Date Remsion Date: P 9 Boundary 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. LM G Deep Creek $121/2020 NA USACE Navigation Channel UND MAMAGEMFM GROUP Dredging Scale . • ,xn ec . awwf � Title : NITS LMG20.190 3W5 Wrightsville Ave SUde 15 1966 Aerial Drawn By: Sheet Number Winnington, North Carolina 28403 GSF 2 Of 11 r r r' �M �i'.` •ire AL � r} r •� 'jai, /✓ �. A �r Legend Subject Parcel Boundaries----------- NHC Tax Parcels USACE Navigation Channel USACE Setback Proposed Maintenance Dredge Boundary -............. We. �13p- m -1r NOTES: 1. 2018 PARCELS FROM NCONEMAP. 2. 1998 AERIAL FROM NHC GIS. 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 1 f 4A Deep Creek 8/21/2020 NA LMG I AID MAN..EMENT GROUP •eAan�� , Dredging 9CBkt: 0 1111 Bf LMG20.190 Title:1"=100' 3e05 W1ighh vdl Ave Sine 15 W9minglon. North Carolina 2W3 910452-0001 1998 Aedal U.. By: GSF Sheet Num0e[ 4 of 11 PA V4�1 �A a�l Subject Parcel Boundaries Outer Edge of Marsh NHC Tax Parcels Channel Centerline Proposed Maintenance Dredge Boundary ................. Existing Bulkhead E NOTES: 1. 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY 3. MLW DEPTHS PROVIDED BY APPLICANT. TAKEN JULY 2020. L M G Deep Creek 8/21 /2020 Dredging LA]N MANAGEMENT GROUP Scab: 3805 NkigM.' a Ave Suite 15 Plan View Dm" By wfilmingfoe Nash Carolina 28403 Access Channel and Basin yygp 910452-0001 NA Caf LMG20.190 mbar 6 or 11 � Outer �d , T• APPROXIMATE NHW F PPROXIMATE MLW, Fr l �• r IN It \ o l USACE NAVIGATION CHANNEL USACE SETBACK \ nlj \ \\\ a IN DEPTHS AT TIME \` OF PERMITTING i -15' -2.5' r i R NT DE THS 1 15' MAINTENANCE DREDGE CUT EXTENDS TO -2.5' MLW AT TIME OF CONSTRUCTION. \ e 0+00 I., N m m w o' -iU 0+00 1+00 o 2+ 0 °o 3+00 4+00 5+00 0 �rV Proposed Maintenance Dredge Area (-596 cubic yards) 1+00 2+00 __ L_ __MHW141. Legend Proposed Maintenance Dredge Boundary Proposed Maintenance Dredge Area (-596 cu yd) Outer Edge of Marsh 1+00 _. _]_.__.__.__.__.__._ MHWL4Z.___ roximate Existing G 2+00 3+ f NOTES: 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 2 DREDGE CUT EXTENDS TO-5'MLWAT TIME OF CONSTRUCTION. ® 3. MLW DEPTHS PROVIDED BY APPLICANT. TAKEN JULY 2020. _►E 4+00 0 Horizontal V— 40' 01 e s, 19 a a 0 Vertical 1 "= 4' Horizontal 1"= 40' P'oitd' Deep Creek Dale: Revision Date: LMG Maintenance 8/21/2020 NA Dredging um LAND MANAGEMENT GROUP . e * ®P.ty Tilt: As Noted LMG20.190 3005 Vhght 'lle Ave Suite 15 Channel Profile Drawn By Sheet Numbs[ Wlminglon, North Carding 28403 WAD 8. 11 910452-0001 Existing Bulkhea 5 -IU`- 0+00 -Proposed Maintenance Dredge Area (-2,500 cubic yards) 1 +i O L 3+I O 1+ 42 _.__.__. __.__.__MHW L Approximate Existing Grade 2+ Legend NOTES: Proposed Maintenance Dredge Boundary E-1-1— 1—mimp. 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Proposed Maintenance Dredge Area -2,500 cu yd)® 2. DREDGE CUT EXTENDS TO -5 MLW AT TIME OF CONSTRUCTION. 3. MLW DEPTHS PROVIDED BY APPLICANT. TAKEN JULY 2020. Outer Edge of Marsh Existing Bulkhead so III 3+00 4+00 B' 5 Oc w o' 0 Horizontal V= 40' Outer Edge of Marsh 0 Vertical 1"= 4' Horizontal 1 "= 40' Prof a Deep Creek Date: Revision Data LMG Maintenance 8212020 NA Dredging Scala: Job Nurnber LAND MANAGEMENT GROUP a OMYf ampny T,W AS Noted LMG20.190 M05 Wrightsville Ave Sude 15 Basin Profile (1) Drawn By. Sheet Numher WAmington, North Carolina 28403 WAD 9 Of 11 910452-0001 I lie PEIMINIM Proposed Maintenance Dredge Area o+o0 1+00 Existing Bulkhead 1 5 Proposed Maintenance Dredge Boundary Outer Edge of Marsh 5 ' I I I I C (D 0 (DD N G7 Approximate Existing Grade '-Assumed 3:1 Slope -10 0+00 1+00 Legend NOTES: Proposed Maintenance Dredge Boundary 1• NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Maintenance Dredge Area (-2,500 cu yd)® 2. DREDGE CUT EXTENDS TO 5' MLW AT TIME OF CONSTRUCTION. Proposed M3. MLW DEPTHS PROVIDED BY APPLICANT. TAKEN JULY 2020. Outer Edge aiof Marsh Existing Bulkhead 0 0 0 Vertical 1 "= 4' Honzontal 1"= 50' � � Deep Creek Maintenance 812112020 .o.,..,.....a.o.NA Dredging Srale: o um ec uvo suancexsrrr GROUP AS Noted LMG20.190 . wwwrl � TWO, 3805 Wrightsville Ave Su@e 15 Basin Profile (2) Drawn By: Shast 14.. e , NAmingmn, NorM Carolina 28403 WAD 10 of 11 910452-0001 r -11.5' Existing 214' long x 6' wide fixed pier Depths at Time of Permitting �-51. '--� N 00 Ott D' 0 0 Horizontal 1 "= 30' Existing 20' long x 20' wide covered gazebo (roofline) 0+140 0+150 Current Depths •.• -• Maintenance Dredge Boundary U i 0 1+120 Propsed Dredge Area (--285 cu yd) I Maintenance Dredge Cut Extends to -2.5' MLW at Time of Construction ° Horizontal and Vertical 1"= 10' Legend NOTES: Proposed Maintenance Dredge Boundary 1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Proposed Maintenance Dredge Area (-380 cu yd) ® 2. DREDGE CUT EXTENDS TO -2.5' MLW AT TIME OF CONSTRUCTION. Outer Edge of Marsh 3. MLW DEPTHS PROVIDED BY APPLICANT. TAKEN JULY 2020. Mean High Water Pr°jam' Deep Creek Date. Revision Date: Mean Low Water -- 7� T 'v' M 8/21/2020 Maintenance NA i Dredging S.W. ,an Iw\n MAHAGEMEM GR°UP O.Rti m.p..1 As Noted Title. LMG20.190 3005 M94Zile Ave Suite 15 Dock Profile Drawn By Sleet Number Wirnington, North Carolina 28,103 WAD 11 of 11 91LY452-0001