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HomeMy WebLinkAbout118-21 Smith, Kelley, & ParrowPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vern't 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 118-21 Issued to Burrows Smith, William Kelley and Brandon Parrow, 131 Skystasail Dr., Wilmington NC 28409 Authorizing development in New Hanover County at adj. to AIWW. at 122, 124 & 126 Skystasail Dr., in Wilmington, as requested in the permittee's application did 5/26/21, incl att workplan drawings (6), Survey did 10/4/02, Sheet 1 of 1 did 4/23/21, Sheet 1 of 4 did "Rev 4/20/21" and Sheets 2-4 of 4 all did "Rev 5/24/21" This permit, issued on September 3, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )r mese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Ubland Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters within the basin immediately waterward of the authorized excavation footprint. (See attached sheets for Additional Conditions) Ibis permit action may be appealed by the pernittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. �— �,tureture o Burrows Smith, William Kelley and Brandon Parrow Permit No. 118-21 Page 2 of 5 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 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. 7) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Dredge Material Disposal 8) No dredge material shall be placed within 30 feet of the normal high-water line. 9) 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. The barriers shall be maintained and functional until the site is graded and stabilized. 10) The dredge material 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 dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material 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. Burrows Smith, William Kelley and Brandon Parrow Permit No. 118-21 Page 3 of 5 ADDITIONAL CONDITIONS Shoreline Stabilization - Bulkhead 12) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 13) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 14) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 15) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 16) The bulkhead shall be constructed prior to any backfilling activities. 17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 18) The fill material shall be clean and free of any pollutants except in trace quantities. 19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 20) No backfill'material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 21) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. Oyster Relocation 22) To reduce direct impacts to oyster resources during maintenance excavation events, the permittee shall, in consultation with NC Division of Marine Fisheries, relocate all oysters falling within the dredge footprint to an area immediately adjacent to the project area in similar water depths and sediment type. Docking Facilities 23) This permit authorizes only the docks, piers, and other structures and uses located in or over the water of 122, 124 and 126 Skystasail Dr. that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facilities without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. Burrows Smith, William Kelley and Brandon farrow Permit No. 118-21 Page 4 of 5 ADDITIONAL CONDITIONS 24) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 25) This permit authorizes a maximum of six (6) formalized boat slips located as shown on the drawing labeled Sheet 3 of 4. Two (2) formalized boat slips located at 122 Skystasail Dr., three (3) formalized boat slips located at 124 Skystasail Dr.,and one (1) formalized boat slip located at 126 Skystasail Dr. The docking of vessels at any location not shown on the permitted drawings shall be considered a violation of this permit. 26) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 27) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 28) Should the lots to the east or west be sold prior to the initiation of construction of the docking facilities, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. Should any of the lots recorded in this permit be sold, this permit shall be transferred, in part, to the new legal property owner. Sedimentation and Erosion Control 29) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 30) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 31) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. USACE Conditions 32) 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 httl)s://www.fws.gov/raleigh/ndfs/ManateeGuidelines2017.pdf. General 33) 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. Burrows Smith, William Kelley and Brandon Parrow Permit No. 118-21 Page 5 of 5 ADDITIONAL CONDITIONS 34) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 35) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2021-01497). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-1078. 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 level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: A9, Permit #: ffe Z I DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET Washington Wilmington Znjoe? CAYQ (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program�7 Rodney Butler LPO: Cc Ijpu�'4itrX (NCDOT) Travis Wilson 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina nlV1Aln1JnFt'nAQTar UAuar-eueur 1. PrimaryApplicant/Landowner Information Business Name Project Name (f applicable) N/A Skystasail Docks (122, 124 and 126 Skystasail Drive) Applicant 1: First Name MI Last Name Burrows Na Smith Applicant 2: First Name MI Lest Name Additional attached n/a Additional attached If additional applkants, please attach an additional pages) wid; names listed. (ATTACHED) Mailing Address pC gox cityqNo. ce 131 Skystasail Drive Wilmington ZIP Country Phone No. 28409 USA 910 443 3283 Street Address (if dillerent from above) Cfty Stateproject street address: 122, 124, and 126 Skystasail Drive Wimington NC09 Email bunoN!m@ri erbluHslivino com 2. Agent/Contractorinformation Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Andy n/a Dortch Agent/ Contractor 2: First Name MI Last Name Greg nla Finch Mailing Address PO Box City Slate 3806 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Plane No. 1 Phone No. 2 28403 910-452-0001 ext. nia n/a ext. n/a FAX No. Contractor # 910-452-OD60 Na Street Address (d different from above) City State Zlp NA Email adortchicDlmgrouo net, gfinchAlmgrouo.net I" "v ` 7 Application for Major Development Permit — May 2021 Skystasail Docks (122,124, and 126 Skystasail Drive) DCM WILMINGTON, NC Wilmington, New Hanover County, North Carolina JUL U S 2021 1 DCM-MHD CITY List of Additional Applicants: William Randall Kelley —110 Martingale Lane, Wilmington NC 28409 Brandon Mary B Parrow —102 Skystasail Drive, Wilmington NC 28409 RECEIVED JUL 0 8 2021 DCM-MHD CITY �ECE.1VEt3 MPV � �3 2021 JAG 00M NN00AGSGN, 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 122, 124, and 126 Skystasail Drive Na Subdivision Name city State Zip Shandy Point Wilmington NC 28409 Phone No. Lot No.(s) (fmany, attach additional page with list) n/a Lot 15 (122 Skystasail), Lot 16 (124 Skystasail), Lot 17 (126 Skystasail) 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 e. Is proposed work within city limbs or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —87' @ NHW Total —2,323 +/_ sq. ft (0.053 +/- acres) 122 Skystasail —30' @ NHW 124 Skystasail —29' @ NHW 126 Skystasail —28' @ NHW c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or Lot 15 —700sf (-0.016ac), NWL (normal water level/ Lot 16 —742sf (-0.017ac), 0-8' ❑NHW or ®NWL Lot 17 —881sf (-0.020ac) (IF many lot sires, please attach additional page with a list) e. Vegetation on tract Typical coastal trees, shrubs, and grasses exist on the tract f. Man-made features and uses now on tract There are no residences located on the property. There is an existing degraded bulkhead located on each property constructed under an unknown CAMA General Permit number. Each property has its own platform and floating dock constructed under general permits 66347D, 62642D and an unknown permit. g. Identify and describe the existing land uses ad a nt to the proposed project site. Residential docking facilities and coastal trees / shrubs / grasses. It. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20 Residential District (Attach zoning compliance certificate, If applicable) ®Yes ❑No ❑NA j. Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA Ifyes,bywhom? RECEIV 1 Application for Major Development Permit — May 2021 Skystasail Docks (122,124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina JUL 0 S 2021 MAY 2 7 2021 DCM-MHD CITY nr hp Mm, e)C I. Is the proposed project located in a National Registered Historic District or does it involve a National []Yes RNo ❑NA Register listed or eligible property? M. (I) Are there wetlands on the site? ❑Yes RNo (it) Are there coastal wetlands on the site? ❑Yes ®No (iiq If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes RNo (Attach documentation, if available) NHW LINE WAS DETERMINED THROUGH WATER DEPTH DATA COLLECTED BY THE APPLICANT AND AERIAL PHOTOGRAPHY BYLAND MANAGEMENT GROUP. n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PubliGGovemmeM RPrivate/Communhy b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicants propose to replace the current existing bulkhead —l' — 6' landward of its current location and reconfigure each docking facility. The purpose of the project is to replace the existing bulkhead, platforms, and floating docks to provide waterway access to the owners of the properties. 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. Typical bulkhead and dock construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. The applicants propose replacement of approximately 95' of the existing degraded bulkhead approximately 1' - 6' landward of the existing location. No coastal wetlands will be impacted. The proposed replacement bulkhead will measure approximately 91' long by 1' wide and will be constructed of naval style vinyl sheet pile with a wooden cap. The proposed replacement bulkhead will tie into adjacent bulkheads. Riparian landowners have been notified, have no objections to the proposal, and waive the 15' riparian setback for encroachment Excavation behind the current existing degraded bulkhead will be performed by an excavator from the upland portion of the property to -6' NLW after the permitted basin dredging has been completed (CAMA Major Permit 12-19, May 2019). The excavation will measure approximately 373 square feet and generate approximately 180 cubic yards of material to be spread by bobcat across an irregular portion of parcel id R02400-002-002-000 owned by River Bluffs Development Corporation per New Hanover County Grading Permit #25-14 Revision #1. The spoil disposal location is owned by the applicant. See Appendix C for details. There are three replacement upland platforms, one floating dock, and three floating finger piers proposed to replace the current platforms and docking facilities. An existing 22' long x 7' wide floating boat lift will remain at 122 Skystasail Drive. An existing 18' long x 7' wide floating boat lift will remain at 124 Skystasail Drive. The replacement upland platforms will measure 12.5' long by 12.5' wide with a 4.5' long by 4.5' wide ramp takeoff, 14.5' long by 12' wide with a 4.5' long by 4.5' wide takeoff ramp, and approximately 14.5' long by 12' wide with an 8' long by 4' wide ramp takeoff. The proposed platforms will not exceed the current upland square footage footprints of existing platforms. There is no additional upland work proposed on the property. There is one floating dock proposed measuring 82' long by 6' wide situated parallel to and immediately adjacent to the proposed bulkhead. Additionally, three floafing finger piers are proposed measuring 21' long by 3' wide, 30' long by 3' wide, and 40' long by 3' wide. 13 mooring pilings exist within the current docking facility and will be removed as need to construct the proposed replacement docks and finger piers. Two additional mooring pilings are proposed. See Appendix A for details. e. Are the proposed activities maintenance of an existing project, new work, or froth? Both Application for Major Development Permit — May 2021 Skystasail Docks (122,124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina JUL 08 2021 1 k .. ir_ t DCM WILMINGTON, NC DCM-MHD CITY f. What is the approximate total disturbed land area resulting from the proposed project? —373 ®Sq.FI or ❑Acres for excavation and bulkhead replacement g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use on h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. I. Will wastewater or slomwater be discharged into a wetland? -No new discharges []Yes ®No ❑NA It 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. 6. Additional information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (0 are always applicable to any major development application. Please consuff the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant chime ble 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 on the proposed project to the Division of Coastal Management. Name SCOTT FARREL W Phone No. NA Address 135 SKYSTASAIL DRIVE, WILMINGTON NC 28409 or 128 SKYSTASAIL DRIVE, WILMINGTON NC 28409 Name SHELTON JOHN AND CHASE Phone No. NA Address 104 MARTINGALE LANE, WILMINGTON, NC 28409 Name Phone No. NA Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitlee, and issuing dates. CAMA Major 12-19, Shandy Pt Landowners do Burrows G. Smith, 3/6120119 CAMA GP 62642D, RANDY KELLY, 9/24/2013 CAMA GP 66347D, BURROWS SMITH h. Signed consultant or agent authorization firm, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Ernlronmental 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. RECEIVED MAY 2 7 2021 Application for Major Development Permit — Malt 2021 RECEIVEDDGMWI�MjMGTON, Skystasail Docks (122, 124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina JUL 0$ 2021 4 DCM-MHD CITY 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: May 26, 2021 Print Name: Andy Dortch Agent, Land Management Group R^10L s+; Signature _ Please indicate application attachments pertaining to your proposed project. 0DCM MP-2 Excavation and Fill Information ❑DCM MP-S Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information DECEIVED MAY 2 7 2021 Application for Major Development Permit— May 2021 Skystasail Docks (122, 124, and 126 Skystasail Drive) DCM WILMINGTON. NC Wilmington, New Hanover County, North Carolina JUL 08 2021 5 DCM-MHD CITY 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Boat Boat Rock Rock Other (excluding (NLW or Canal Basin Ramp Groin Breakwater shoreline N W L) stabilization) Length `91, Width 1'— 6' DDeeg�Existing 7' MLW NA NA Final Project 6' MLW NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. —83 cu yd sand c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or —g7 cu vd other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB ❑WL _ NNone (11) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Upland portion of parcel id R02400-002-002-000 Irreoular — 6,975 so ft. C. (1) Do you claim ti8e to disposal area? d. (1) WII a disposal area be available for future maintenance? NYes ❑No ❑NA Dyes ❑No IONA (ii) If no, attach a letter granting permission from the owner. P9 If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh I. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑yes NNo ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV []SB ❑WL ®None (ii) Des xibe the purpose of disposal in these areas: NA Appllcatlon for Major Development Permit — May 2021 Skystasail Docks (122,124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina RECEIVED JUL 0 8 2021 RECEIVED DCM-MHD CITY MAY 27 2021 DCM WILMINGTON. NC E 3. SHORELINE STABILIZATION ❑This section not applicable (tl development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: —91' NBPlkhead ❑Riprap ❑BreakwaterlSill ❑Other: c. Average distance waterward of NHW or NWL: 0' e. Type of stabilization material: naval style vinvl sheet Pile g. Number of square feet of fill to be placed below water level. Bulkhead backflll: 0 Riprap NA Breakwater/Sill NA Other NA i. Source of fill material: NA Width: 1' d. Maximum distance waterward of NHW or NWL: 0' f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes NNo DNA (i) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. none 4. OTHER FILL ACTIVITIES NThis section not applicable (Excluding Shoreline Stabilization) a. () Will fill material be brought to the site? ❑Yes ❑No DNA b. () Will fill material be placed in coastal wetlands/marsh (CW), it yes, (if) Amount of material to be placed in the water (iii) Dimensions of fill area _ (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Sift fence or tvolral upland erosion control measures suomergeo aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. ❑cvv ❑sAV ❑SB ❑WL ❑None (it) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhce, or hydraulic dredge)? Tvoical dock construction and excavation equipment backhoe excavator, and bobcattbulldozer. c. () Will navigational aids be required as a result of the project? d. (1) Will wetlands be crossed in transporting equipment to project ❑Yes NNo DNA site? ❑Yes NNo DNA () If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. May 26, 2021 ua,e Skystasail Docks (122, 124, and126 Skystasail Drive) Project Name Andy Dortch, Agent Land Management Group Applicant Name A414 Q Applicant Sigmrure MAY 21 nZ, Application for Major Development Permit- May 2021 Skystasail Docks (122, 124, and 126 Skystasail Drive) RECEIVED W11-MINGTON, NC Wilmington, New Hanover County, North Carolina DCM 7 JUL 0 8 2021 DCM-MHD CITY 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT •rr•. ••,, , v, vunwnga. rdunaes, rams m strumures proposed. 3 Replacement upland platforms will measure 12.5' long by 12.5' wide with a,1 5' long by 4.5' wide ramp takeoff, 14.5' long by 12'vide with a 4.5' long by 4.5' wide takeoff ramp, and approximately 14.5' long by 12' wide with an 8' long by 4' wide ramp takeoff. The proposed platforms will not exceed the current upland square footage footprints of existing platforms. There is no additional upland work proposed on the property c. Density (give the number of residential units and the units per acre). N/A o. Numoer of ka or parcels. 3; Lot 15 (122 Skystasail), Lot 16 (124 Skystasail), Lot 17 (126 Skystasail) d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 373 sq it x 7' depth = 97 cu yd upland e. If the proposed project will disturb more than one acre of land, the I. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing N/A activity begins. (I) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? [-]Yes ❑No RNA (ii) If yes, list the date submitted g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stonnwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (I Has a site development plan been submitted to the Division of or parking' Water Quality for review? WA ❑Yes ❑No RNA I. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local N/A approval? ❑Yes ❑No RNA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the M. Does the proposed project include an innovative stonnwaler state (e.g.. surface runoff, sanitary wastewater, industrial/ design? commercial effluent, "Wash down" and residential discharges). ❑Yes []NO RNA N/A If yes, attach appropriate documentation. 4p RECEN Application for Major Development Permit — May 2021 RECEIVEDOC,(( Skystasail Docks (122,124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina JUL 0 8 2021 8 DCM-MHD CITY m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes ❑No ®NA community, public system, etc.) NIA Ill) If yes, how many acres? o. When was the lot(s) platted and recorded? Jan 10, 2005 DB4633 P595 Mar 1, 2012 DB5622 P958 Dec 18, 2015 DB 5938 P1704 Feb 7, 2003 DB3636 P65 (Riparian Line Covenant) May 26, 2021 ate Skystasail Docks (122, 124, and126 Skystasail Drive) Project Name Andy Dortch, Agent Land Management Group Appfiwt Nacre A.#,4 Applicant Signa=c P. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RECEIVED RECEIVED 00 tj ?Zz` Application for Major Development Permit — May 2021 JUL 0 S 2021 �N(yT0 Skystasail Docks (122,124, and 126 Skystasail Drive) pGM WILM Wilmington, New Hanover County, North Carolina DCM-MHD CITY 9 4. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑PubliclGovemment ®Private/Community c. (1) Dock(s) and/or pler(s) (ii) Number 1 (Iii) Length §Z: IN) Width 6' (v) Floating ®Yes []No e. (I) Are Platforms included? ®Yes NNo If yes: (ii) Number 2 6dsbna Floating Boatlifts (1 Existing (Z0 122 Skvstasail. 1 Existing 0 124 Skvstasaih (Iii) Length 22�18' (iv) Width TAT (v) Floating ®Yes NNo Note: Rooted areas are calculated lion; diripline dimensions. g. (I) Number of slips proposed 6 (ii) Number of slips existing 5 i. Check the proposed type of siting: N Land cut and access channel []Open water; dredging for basin and/or channel ❑Open water, no dredging required ❑Other; please describe: k. Typical boat length: 10'<0' M. (1) Will the facility have tie pilings? NYes ❑No (ii) If yes number of lie pilings? 13 existing (to be removed as needed), 2 proposed Application for Major Development Permit— May 2021 Skystasaii Docks (122,124, and 126 Skystasatl Drive) Wilmington, New Hanover County, North Carolina El This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo d. (t) Are Finger Piers included? ®Yes []NO If yes: (II) Number 2 (tit) Length 21': 30': 40' (N) Width 3" 3" T (v) Floating NYes []No f. m Are Boatlifts included? ®Yes NNo If yes: (I) Number 2 Existing Floating Boatlifts Counted as Platform ace (III) Length 22' : 18' (iv) Width T : T h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies N Dockage ('Wet slips") only, number of slips: 6 slips ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: N other, please describe: 2 Existing Floating Boatlifts Counted as Platform Space j. Describe the typical boats to be served (e.g.. open runabout, charter boats, sail boats, mixed types). Open runabout large center console and soortfishing vessels I. (i) Will the facility be open to the general public? ❑Yes NNo RECEIVED JUL 08 2021 RECE�Vi: MAC 21 HD CITY pcm 10 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable Check each of the following sanitary facilities that will be induced in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpout. Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (il Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? in. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marinaldocking facility proposed within or adjacent to coastal wetiandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL _ ❑None RECEIVED RECEIVED 2 7 7021 Application for Major Development Permit— May 2021 JUL 0 A 2021 OC Skystasail Docks (122, 124, and 126 Skystasail Drive) DCM-MHD CITY Wilmington, New Hanover County, North Carolina 11 P. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not np able a. (i) Is the boathouse structure(s): ❑Commercial ❑PublldGovemment ❑Private/Community () Number _ (Ili) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, shaelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. () Number QI) Length (Ili) Width L5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑Public/Govemment ®Private/Community c. Distance to be placed beyond shoreline 202�40' Note: This should be measured From marsh edge, if present. e. Arc of the swing 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 0' southeast. -1 5northwest Note: For buoy or mooring piling, use arc of swing including length of vessel. Application for Major Development Permit - May 2021 Skystasail Docks (122, 124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina b. Average distance from NHW, NWL, or wetlands ❑This section not applicable b. Number 2 mooring Pilings Proposed d. Description of buoy (color, Inscription, size, anchor, etc.) b. Proximity of structure(s) to adjacent docking facilities. -25' stem docking facility, 11' �to Cs t ckin facil"ty F� RECEIVED MAY 27 2021 JUL 0 S 2021 DCM WILMINGTON, NC 12 DCM-MHD CITY c. Width of water body (BASIN) -392' North to South -235' East to West e. (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 & OTHER a. Give complete description: May 26, 2021 Date Skystasail Dodos (122, 124, and 126 Skystasail Drive) Poirot Name Burrows Smith Applicant Name 44 D,a%" , Agent, Land Management Group Applicant Signature d. Water depth at waterward end of structure at NLW or NWL -6'NV& RECEIVED JUL 0 8 2021 ®This section not applicable RECEIVED MA'/ 2 7 2021 Application for Major Development Permit — May 2021 Skystasail Docks (122, 124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina 13 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Burrows Smith, Wfflam JfeUey & Brandon Parrow COUNTY: New Hanover PROJECT NAME: Skystasail Docks (122,124,126 Stystasail Drive) LOCATION OF PROJECT:122,124,126 S&stasail Drive, adj.to the AIWW in Wilmington RECEIVED DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-15-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NIA FIELD REPRESENTATIVE: ]Hall DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 7-10-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 9-1-21 JUL 0'8 2021 DISTRICT OFFICE: WILMING'iVSM-MHD CITY FEE REC'D:$250#2202 END OF NOTICE DATE: 731-21 DEED REC'D: Yes 150 DAY DEADLINE: MAIL OUT DATE: 7$21 STATE DUE DATE: 731-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES 'NO NOTES DCM-Field Rep 7 g DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch (I(,,( ?o DWR-401 Section 3/Ud(2,( 1 2011 -1 o70 DWR-Public Water Supply x DEMLR - Stotmwater DEMLR - Sed and Erosion DOA - State Property Office Z plu At Lao Wildlife Resources Commission DMF- Shellfish Section DMF - Habitat & Enhancement 13 DNCR -Archives & History (j, DNCR -Natural Heritage Program NCDOT NC Dept of Commerce RECOMMENDATIONS FOR: 122,124 & 126 Skvstasail Drive Platform square footage by property was calculated as follows: 122 Skystasail Shoreline length = —30' x 8 = 240 sq. ft. (maximum allowable platform area) Ramp takeoff= 4.5' x 4.5'= 20.25 sq. ft. (Access credit, not counted) Floating dock = 26' x 6'= 156 sq. ft. (Access credit, not counted) Floating finger pier = 3' x 21' = 63 sq. ft. Floating boat lift = 22' x 7' = 154 sq. ft. Total = 217 sq. ft. 124 Skystasail Shoreline length = —29 & x 8 = 232 sq. ft. (maximum allowable platform area) Ramp takeoff = 4.5' x 4.5' = 20.25 sq. ft. (Access credit, not counted) Floating dock = 27' x 6' = 162 sq. ft. (Access credit, not counted) Floating finger pier = 3' x 30' = 90 sq. ft. Floating boat lift = 18' x 7' = 126 sq. ft. Total = 216 sq. ft. 126 Skystasail Shoreline length = —28' x 8 = 224 sq. It. (maximum allowable platform area) Ramp takeoff= 4' x 8' = 32 sq. ft. (Access credit, not counted) Floating dock = 29' x 6' = 174 sq. ft. (Access credit, not counted) Floating finger pier = 3' x 40' = 120 sq. ft. Total =120 sq. ft. It is the staffs recommendation that the proposed dredge event to connect to the existing basin and access channel to the AIWW appears to be CONSISTENT with 15 NCAC 07H.0208 (bxl) once the work associated with State Permit No. 12-19 is complete; staff recommends the permit be conditioned to address this. This office has no objection to the proposed work, provided it is consistent with all state and federal permitting requirements and is done following the complete of the work associated with State Permit No. 12-19. The proposed development would provide docking space for a total of six (6) vessels. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the pierhead line, the eight -square foot rule and the pier width rule. The proposed structure would encroach into the adjacent 15' riparian corridor setback area, however all necessary waivers have been obtained. Any permit issued should include standard conditions for private docking facilities. Provided the proposed work is consistent with all other local, state, and federal permitting requirements resource agencies do not have any concerns regarding significant adverse impacts resulting from the proposed project, this office has no objections to the issuance of a permit. RECEIVED JUL 0$ 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 6, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) grecg.bodnar3NCDENR.gov SUBJECT: CAMA/D&F Applicant: Burrows Smith, William Kelley, Brandon Parrow Project Location: 122, 124, 126 Skystasail Dr., adjacent to the AIWW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of -3.5' landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 12Z 124, 126 Skystasail; two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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 th IVlam® comments. PRINT NAME Mark Brown AGENCY Public Water Su SIGNATURE ' '"fie. 13ft "'' WML "A�Q� JUL 1 3 2021 MP SECTION MHD DATE 7-12-21 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 6, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) a reco. bodnar(& NCD EN R.a ov SUBJECT: CAMA/D&F Applicant: Burrows Smith, William Kelley, Brandon Parrow Project Location: 12Z 124, 126 Skystasail Dr., adjacent to the AIWW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of -3.5' landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 12Z 124, 126 Skystasail, two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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 �g comments. MOVED OVE D PRINT NAME t G<4,k. - �? �- AGENCY I 43 tt [vvu.l.e(- SIGNATURE J U L 1 2 2021 MP SECTION MHD DATE North Carolina Department of Envlronmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 6, 2021 NORTH CAROLINA Environmental Quality MEMORANDUM: p FROM: Gregg Bodnar, Assistant Major Permits Coordinator REEIVE® NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) J U L 1 2021 grregq. bodnarkil NCDEN R.gov SUBJECT: CAMA/D&F M4'- SECTION MEAD Applicant: Burrows Smith, William Kelley, Brandon Parrow Project Location: 12Z 124, 126 Skystasail Dr, adjacent to the AIWW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of -3.5' landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 122, 124, 126 Skystasail, two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation and RWQ SIGNATURE DATE 07/09/2021 for Shannon Jenkins North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.T215 ROY COOPER Governor ELIZABETH S. B1SER Secretary BRAXTON DAVIS Dtrector July 6, 2021 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) areaa.bodnartdlNCDENR.aov SUBJECT. CAMA/D&F Applicant: Burrows Smith, WNllam Kelley, Brandon Parow Project Location: 122, 124, 126 Skystasail Dr., adjacent to the AIIAW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of -3.5' landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 122, 124, 126 Skystasail- two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please indicate below your agency's position or viewpoint on the proposed project and return this torn to Greaa Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Memo Attached PRINTNAME Wanda Hilliard RECEIVED ee ® JUL 2 0 2021 AGENCY State Property Office SIGNATURE W Cvk.at*- l4, k,9vreU P SECTION MHD DATE July 20, 2021 �FQ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 wAmreao,rtu °i®�� 910.796.7215 North Carolina Department of Administration State Property Office Roy Cooper, Governor July 20, 2021 TO: Greg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard ( Warl,ota- Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Burrows Smith, William Kelley, Brandon Parrow Pamela B. Cashwell Secretary Tim Walton Director RE: 122,124,126, Skystasail Dr. adjacent to the AIWW, Wilmington, New Hanover County Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. RECEIVED JUL 2 0 2021 MP SECTION MHD State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Ma8 Service Ctr. I Raleigh, NC 27699 9842360270 T1 Web: http://www.ncspo.com ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director July 6, 2021 NORTH CAROLINA Ehvironmentat Quality MEMORANDUM. RECEIVED FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management J U L 2 8 2021 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-Og) greg%bodnarfii)NCDENRaov W6P SEECTII N MID SUBJECT: CAMA/D&F Applicant: Burrows Smith, William Kelley, Brandon Parrow Project Location: 122, 124, 126 Skystasail Dr., adjacent to the AIINW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of -•3.5' landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 122, 124, 126 Skystasail; two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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 aiteehe& F eInq This agency objects to the project for reasons described in the attached comments. PRINTNAME— IcT ` n I�i nr�if c 1� �tlnv�s • jC� rH tnl n t'zf_ Jul 1r�7t1C p(� — 3 r'1V �I( Kscw(LOn I SVz-i, 1d nt- 1Z-Itt , AGENCY P—C SIGNATURE F DATE 3-28••:202-1 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Carnal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 6, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Q rego. bod narOINC DEN R.Qov SUBJECT: CAMA/D&F Applicant: Burrows Smith, William Kelley, Brandon Parrow Project Location: 122, 124, 126 Skystasail Dr., adjacent to the AIWW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of —3.5' landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 122, 124, 126 Skystasail; two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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. poe�A This agency objects to the project for reasons described in t(kaG d IVED comments. PRINT NAME M V' C I S I C f JUL 2 6 2021 AGENCY AX b lid- 0 + W M)yl y-I CIL PAP SECTION WE3 SIGNATURE l V` h r k Q ( a DATE 7126—12 ( Q North Carolina Department of Environmental Quality I DIvlslonofCoastal Management Wilmington Orrice 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.7947215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 6, 2021 NORTH CAROLINA Ehvlronmenta/Quallty MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator Y , ECEIVE® NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) AUG 1 3 2021 gregg.bodnar(d)NCDENR.gov SUBJECT: CAMA /D&F SECTIONhPaP M HD Applicant: Burrows Smith, William Kelley, Brandon Parrow Project Location: 122, 124, 126 Skystasail Dr., adjacent to the AIWW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of-3.6landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 122, 124, 126 Skystasail, two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 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 Kt6� DATE 07/19/21 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Received: 7/30/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director July 6, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality ER 18-4039 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) g rega.bodnar(au)NCDEN R.gov SUBJECT: CAMA/D&F Due: 8/9/2021 NC - SBA 8/9/2021 Applicant: Burrows Smith, William Kelley, Brandon Parrow Project Location: 122, 124, 126 Skystasail Dr., adjacent to the AIWW, Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead an average of —3.5' landward of the existing bulkhead, excavate high ground to connect to existing basin, and restructure docking facilities associated with 122, 124, 126 Skystasail,- two (2) for 122 Skystasail, three (3) for 124 Skystasail and one (1) for 126 Skystasail. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by July 31, 2021. If you have any questions regarding the proposed project, contact Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE 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. Renee Gledhill -Earley Historic Preservation Office DATE 8/11/2021 AUG 1 2 2021 W � North Carolina Department of Environmental Quality I Division of Coastal Management _ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina,¢28405 910.796,7215 MP SECTM M M14D -JA U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-01497 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittees: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Burrows Smith, William Kelley & Brandon Parrow 131 Skvstasail Drive Wilmington, NC 28409 Onslow Bay 03020302 Nearest Town River Basin Coordinates RECEIVED AUG 1 9 2021 Wilmington °t� ae aa2o42o��P SSCTION MHD Longitude:-77.827144 Location description: The site is located in a channel connected to the AIWW at 122,124 and 126 Skvstasail Drive in Wilmington. New Hanover County, NC. Description of project area and activity: The proposal includes the installation of anew bulkhead landward of the existing bulkhead and thus not impacting Waters of the US. The docking facility will be modified to add a new 82 feet by 6 feet Boatin dock parallel to the shoreline. Rouehly perpendicular to this Boatine dock, three (3) new Boating finger docks of varying lenpths will be added. The modified docking facility will cover and shade an additional 765 square feet of estuarine Waters of the US. Two new moorine vilines will also be added to the northern portion of the docking facility. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manstus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammaUmanatee_guidelines.pdE SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application, information and drawings dated March 2, 2021 and revised April 20 and May 24, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permtttee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. if the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Greaorv.E.Currevnusace.army.mil. GregoryE.Digitally signd Gregory E. Cur eyy Currey Date: 2021.08.18 Corps Regulatory Official: y 1638:36-04'00'� Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: Date: Ammst 18, 2021 ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must -be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a �previous action. Please reference 11'`hE the approved jurisdictional determination issued . Action ID: SAW- I B. Basis For Jurisdictional Determination: C.Remarks: AUG 1 9 2021 D. Attention USDA Program Participants N`P EIFECTI N NiIHD This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 1 OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Gregory E. Digitally signed by GregoryE. Currey Corps Regulatory Official: Currey Date: 2021.08.18 16:39:26-04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmai)u.usace.army.mil/cm apex/f?p=136:4:0. Copies furnished by email: Andy Dortch (Land Management Group) Bryan Hall (NC DCM) Gregg Bodnar (NC DCM) Holley Snider (NC DCM) AUG 1 9 2021 Jok-t Action ID Number: SAW-2021-01497 County: New Hanover County Permittee: Burrows Smith, William Kelley & Brandon Parrow Project Name: 122 124 and 126 Skvstasail Drive/Burrows Smith/William Kelly/Brandon Parrow Date Verification Issued: August 18, 2021 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ECEIVE® AUG 1 9 2021 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality DATE: August 20, 2021 FROM: Holley Snider /> (E NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20211078 �V=00 ED AUG 2 6 2021 No Written Approval Required Ff1P SECTION Pffi�D PROJECT LOCATION:122, 124, 126 Skystasail Drive, Wilmington, New Hanover County Smith, Kelley, and Parrow Property PROPOSED PROJECT: Installation of a new bulkhead landward of existing and docking facility modifications The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request dated received by this office on July 8, 2021. The Shandy Point boat basin is classified as SB by the Division of Water Resources (DWR) and has been determined to be a Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as a PNA and should requests for new dredging within the proposed project area arise in the future, they will be denied. Please be aware that new dredging within a PNA is not permitted under 15A NCAC 02B .0220. This activity results in degradation of water quality standards and is therefore considered a water quality violation. Any turbidity standard violations of waters going into these creeks are also considered Water Quality Violations. Citation: 15A NCAC 02B .0220 In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should also obtain and comply with any other federal, state and local requirements including (butnot limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405 wam"-\0 910.796.7215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Burrows Smith, William Kelley and Brandon Parrow, Wilmington, New Hanover County Date: August 23, 2021 CONSISTENCY DETERNIINATION: This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant is proposing to install a new bulkhead an average of —3.5 ft. landward of the existing bulkhead, excavate highground to connect to existing basin, and restructure existing facilities associated with 122, 124 and 126 Skystasail Drive. The project is located at 122, 124 and 126 Skystasail Drive, adjacent to the AIWW in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PTA and ES. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential and Conservation. In general, the Wilmington -New Hanover County Joint Land Use Plan allows development in Residential and Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Joint 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 2006 Wilmington -New Hanover County Joint Land Use Plan Update. E--:CEIVED Cc: File AUG 2 3 2021 FLAP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Burrows Smith, William Kelley, Brandon Parrow c/o Andy Dorteh (LMG) 2. LOCATION OF PROJECT SITE: 122, 124, and 126 Skystasail Drive, adjacent to the Atlantic Intracoastal Waterway, in Wilmington, New Hanover County. Lat: 34°12'09.76" N Long: 77149'33.73" W 3. INVESTIGATION TYPE: CAMA / D&F 4. 1NVESTIGATIVE PROCEDURE: Dates of Site Visit— 5/13/21 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 3/15/2021 401 WQC Pre -File Date — 6/4/2021 RECEIVED DCM Complete Date — 6/18/2021 Day 30 for Pre -File — 7/4/2021 JUL Og 202i Office — Wilmington 6. SITE DESCRIPTION: DCM-MHD CITY (A) Local Land Use Plan— Wilmington/New Hanover County Land Classification From LUP — Developed (Residential), Conservation (Open Water) (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- upland includes undeveloped grass lots with decks, bulkhead, docking facilities that include floating docks and two floating boat lifts Planned- Replace bulkhead an average of —3.5' landward of existing location, excavate to existing basin, and restructure docking facilities. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shading) (B) Non -Vegetated Wetlands (Open Water) sq. ft[iln'co rporated) C Other - Hi and (Spoil Disposal)373 O P8ro (Po s ft 9 6,975 sq. ft 504.25 sq. ft (deck) (D) Total Area Disturbed:—1,117.5 sq. ft. (0.03 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new bulkhead an average of —3.5' landward of the existing bulkhead, excavate highground to connect to existing basin, and restructure docking facilities associated with 122, 124, and 126 Skystasail Dr to accommodate up to six vessels; two for 122 Skystasail, three for 124 Skystasail, and one for 126 Skystasail. 122, 124 & 126 Skystasail Drive Page 2 9. PROJECT DESCRIPTION The subject properties are located off Skystasail Drive in Wilmington, New Hanover County. To locate the properties from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Turn right onto Military Cut -Off Road and travel south approximately 1.3 miles until you reach Greenville Loop Road. Turn left onto Greenville Loop Road and travel approximately 0.25 miles south until you reach Greenville Sound Road. Turn left onto Greenville Sound Road and continue for 0.4 mile. Take a right and then a quick left on to Skystasail Drive. The project area is located at 122, 124, and 126 Skystasail Drive. There are multiple residential properties located on the north, west, and south sides of the project area located on Skystasail Drive. Thirty-one upland lots border a man-made channel and two basins. Twenty-three of these lots are riparian, averaging approximately 0.02 acres in size, and all have docking facilities that are deeded to non -riparian residences within the Shandy Point Subdivision. The remaining nine properties bordering the basin are on average approximately 0.75 acres and contain single family residences, driveways, and docking facilities. Collectively, these properties have an elevation of approximately 5' above Normal High Water (NHW) and their shoreline is stabilized almost entirely by a bulkhead, with some riprap placement waterward of the existing bulkhead at the end of Windless Drive. The upland area of the project site is vegetated primarily with upland trees and ornamental grasses. Based on permit history for dredge and fill and historical aerial photography, it appears the channel and basin were originally created Pre-CAMA. Historical imagery shows the existence of the channel and basin prior to 1970. State Permit No. 127-79 was issued on October 22, 1979 authorizing excavation of a shoaled area at the mouth of the entrance channel measuring 50' wide by 150' long at -10' Mean Low Water (MLW). Work on this project under this permit never began. State Permit No. 257-84 was issued on December 6, 1984 for the same purpose as the prior State Permit but modified the dredge area at the mouth of the entrance channel to 60' wide by 150' long at -10' MLW. This work was completed and State Permit No. 257-84 expired December 31, 1987. State Permit No. 12-19 was issued March 6, 2019 to Shandy Point Landowners authorizing the dredging of an area measuring 60' wide by 1,140' long within the existing access channel and basin adjacent to AIW W to a depth of -6' MLW in the basin and -10' MLW in the access channel. The permit is set to expire on December 31, 2022. General Permit #62642D was issued to reconfigure the docking facility and install a float -on boatlift in existing slip at 122 Skystasail Drive. General Permit #663471) was issued to replace an existing uncovered platform 126 Skystasail Drive. No permit history was found for other structures within the project area. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There are two (2) known archaeological sites within 1 mile of the project site. The waters of the AIW W are classified as SA by the Division of Water Resources. This area IS designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. 10. PROPOSED PROJECT The applicant proposes to install a new bulkhead an average of —3.5' landward of the existing bulkhead, excavate highground to connect to existing basin, and restructure docking facilities associated with 122, 124, and 126 Skystasail Dr to accommodate up to six vessels: two for 122 Skystasail, three for 124 Skystasail, and one for 126 Skystasail. The applicant proposes a 91' long by 1' wide bulkhead with a wooden cap to be placed an average of --3.5' landward of the existing bulkhead. The proposed bulkhead will range from 1'-6' landward of the existing bulkhead. The bulkhead will tie into existing riparian bulkheads. RECEIVED JUL 0 8 2021 DCM-MHD CITY 122, 124 & 126 Skystasail Drive Page 3 The applicant proposes to remove the existing bulkhead and excavate 373 sq. ft. of highground in an area measuring approximately 91' long by an average of 3.5' width. The proposed water depth would be -6' NLW in connection with the basin that will have a water depth of -6' NLW following completed work associated with State Permit No. 12-19. According to the applicant, the proposed excavation would take place at the same time as the work authorized under State Permit No. 12-19 to ensure connectivity to adjacent deeper waters. The excavation will be performed by a long reach excavator from the upland area. The resulting 180 cubic yards of material will be deposited at a privately -owned spoil disposal site off Chair Rd in Wilmington, identified by the applicant as Parcel ID: R02400-002-002-000 (see Sheet 1 of 1). The disposal site is owned by the applicant, Mr. Burrows Smith Beginning on the eastern most parcel owned by Mr. Smith, 126 Skystasail, the applicant proposes an upland platform measuring 14.5' long by 12' wide. An 8' long by 4' wide ramp takeoff extends southwest from the proposed upland platform. A ramp from the proposed take off leads to an 82' long by 6' wide floating dock that runs parallel with the proposed bulkhead along all three parcels. A 40' long by 3' wide floating finger pier will extend southwest from the 82' by 6' floating dock on the western side of Mr. Smith's parcel. Southeast from the proposed finger pier will be two mooring pilings. Northwest of 126 Skystasail, a proposed 14.5' long by 12' wide upland platform is proposed at Mr. Parrow's property, 124 Skystasail Drive. A 4.5' long by 4.5' wide ramp takeoff will extend southwest from the upland platform to a ramp connecting to the 82' long by 6' wide floating dock. A 30' long by 3' wide floating finger pier will extend southwest from the floating dock with an 18' long by 7' wide floating boat lift on the western side of the floating finger pier. Northwest of 124 Skystasail, a 12.5' long by 12.5' wide upland platform is proposed at Mr. Kelley's property, 122 Skystasail Drive. A 4.5' long by 4.5' wide ramp takeoff will extend southwest from the upland platform and connect to a ramp that leads to the northern end of the floating dock. A 21' long by 3' wide floating finger pier will extend southwest from the floating dock with a 22' long by 7' wide floating boat lift on the western side of the floating finger pier (See Sheet 3 of 4). Internal 15' riparian setback waivers were obtained as well as waivers from the property owners on either side of the project area. According to the applicant, the proposal was submitted to the City of Wilmington for review. Currently, it is unclear whether this project meets local city ordinances or not. 11. ANTICIPATED IMPACTS The proposed dredging would disturb approximately 373 sq. ft. of highground behind the existing bulkhead. The proposed activity would result in the removal of approximately 180 cy of material landward of the existing bulkhead to connect to the existing basin at -6' NLW. To connect to deeper waters this work would be done at the same time as the basin excavation authorized under State Permit No. 12-19. Minor increases in turbidity should be expected during the dredging event; however, no long-term adverse impacts are anticipated. The dredging event will relocate Normal High Water from the existing bulkhead an average of —3.5' landward to the proposed bulkhead. The proposed upland platforms would disturb approximately 504.25 sq & of high ground within the 30' of NHW; 174 sq. ft. for both 124 and 126 Skystasail and 156.25 sq. ft. for 122 Skystasail. The proposed docking facility would incorporate 1117.5 sq. ft. of Estuarine and Public Trust Area. However, much of this area was usurped by the previous docking facility and previous bulkhead. As proposed, the features will not exceed the previous footprint waterward and are consistent with the pierhead line. Waivers were obtained as the structures encroach into the 15' riparian corridor setback requirement of each of the adjacent riparian properties. The proposed structures would accommodate up the six (6) vessels: two at 122 Skystasail, three at 124 Skystasail, and one at 126 Skystasail. (see Sheet Number 3 of 4) Once work associated with State Permit No. 12-19 occurs, the six (6) vessels will be in water depths of -6' NLW. Submitted by: Bryan Hall Date: July 4, 2021 Office: Wilmington RECEIVED JUL 0 8 2021 DCM-MHD CITY Application for CAMA Major Development Permit For: Skystasail Docks (122, 124, and 126 Skystasail Drive) Wilmington, New Hanover County, North Carolina Prepared By: Land Management Group 3805 Wrightsville Avenue Wilmington, North Carolina RECEIVED JUL 0 8 2021 DCM-MHD CITY May 2021 RECEIVED MAY 27 2021 DCM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a DAVE4. company May 26, 2021 Bryan Hall Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: Skystasail Docks 122, 124, and 126 Skystasail Drive Wilmington, NC 28409 Bryan, On behalf of Burrows Smith, Brandon Farrow, and William Kelly, I would like to submit a revised CAMA Major Permit Application for 122, 124, and 126 Skystasail Drive for bulkhead replacement and restructuring of the docking facility. A complete revised application with supporting materials are enclosed. A $250 application fee check was included with the initial application. The adjacent riparian landowners have been notified and waivers are included. Please let me know if you have any questions or need anything in addition to accept the application as complete. Thank you for your assistance. Sincerely, Andy Dortch Encl: MP Forms, Figures, Agent Authorizations, Deeds, Adjacent Permit, Riparian Notifications / Waivers, Spoil Disposal Location Information Cc: Burrows Smith www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JUL 08 2021 DCM-MHD CITY RECEIVED M,.;t. 27 2021 DCM WILMINGTON, INC 5. DCM MP-1 Section 6.0 Additional Information 5.1 Section 6. a. Project Narrative 5.1.1 Project Location and Existing Conditions The project is located off the Atlantic Intracoastal Waterway (AIWW) and adjacent to Skystasail Drive in the man-made canal and boat basins at Shandy Point between Shinn Creek and Bradley Creek in Wilmington, New Hanover County. The project area consists of three individual parcels at 122, 124, and 126 Skystasail Drive. There are no residences located on the properties. There is an existing bulkhead located on the properties constructed under an unknown CAMA General Permit number. Each property has its own platform and floating dock constructed undergeneral permits 66347D, 62642D and an unknown permit.. Dredging for the boat and access channel was authorized in May 2019 under CAMA Major Permit 12-19. Dredging in the basin has not yet been performed. Riparian Lines were established through a riparian line covenant agreement located in Deed Book 3636 Page 65 and Map Book 43 Page 182. There are no other piers or docking facilities currently located on the property.. Waters in the project area are classified as SB and are closed to shelifishing. The boat basin is classified as a primary nursery area. 5.1.2 Proposed Action The applicants propose replacement of approximately 95' of the existing degraded bulkhead approximately 1' - 6' landward of the existing location. No coastal wetlands will be Impacted. The proposed replacement bulkhead will measure approximately 91' long by 1' wide and will be constructed of naval style vinyl sheet pile with a wooden cap. The proposed replacement bulkhead will tie into adjacent bulkheads. Riparian landowners have been notified, have no objections to the proposal, and waive the 15' riparian setback for encroachment. Excavation behind the current existing degraded bulkhead will be performed by an excavator from the upland portion of the property to -6' NLW after the permitted basin dredging has been completed (CAMA Major Permit 12-19, May 2019). The excavation will measure approximately 373 square feet and generate approximately 180 cubic yards of material to be spread by bobcat across an irregular portion of parcel id R02400-002-002-OW owned by River Bluffs Development Corporation per New Hanover County Grading Permit #25-14 Revision #1. The spoil disposal location is owned by the applicant. See Appendix C for details. There are three replacement upland platforms, one floating dock, and three floating finger piers proposed to replace the current platforms and docking facilities. An existing 22' long x 7' wide floating boat lift will remain at 122 Skystasail Drive. An existing 18' long x 7' wide floating boat lift will remain at 124 Skystasail Drive The replacement upland platforms will measure 12.5' long by 12.5' wide with a 4.5' long by 4.5' wide ramp takeoff, 14.5' long by 12' wide with a 4.5' long by 4.5' wide takeoff ramp, and approximately 14.5' long by 12' wide with an 8' long by 4' wide ramp takeoff. The proposed platforms will not exceed the current upland square footage footprints of existing platforms. There is no additional upland work proposed on the property. There is one floating dock proposed measuring 82' long by 6' wide situated parallel to and immediately adjacent to the proposed bulkhead. Additionally, three floating finger piers are proposed measuring 21' long by 3' wide, 30' long by 3' wide, and 40' long by 3' wide. 13 mooring pilings exist within the current docking facility and will be removed as need to construct the proposed replacement docks and finger piers. Two additional mooring pilings are proposed. See Appendix A for details. The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. RECEIVED JUL 08 2021 MAY %1 2091 Application for Major Development Permit — May 2021 C. Skystasail Docks (122, 124, and 126 Skystasall Drive) Wilmington, New Hanover County, North Carolina 14 Appendix C-Spoil Disposal Information ,RECEIVED JUL 0 8 2021 DCM-MHD CITY RECEIVED MAY 0 3 2J71 ACM WILMINGTON, NC 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 auth y of its Board of Directors, the day and year first above written. to I (SEAL) SHANNON R. BOURNE STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER L �ic// //1J CC L h5"i� a Notary Public of the County and State aforesaid, do hereby certify that TIMOTHY M. BOURNE and wife, SHANNON R. BOURNE, personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this � day o� 2005, Q �r?a1z c NOTARY PUBLIC My Commission Expires: (Notarial Seal) khTAMMALXK NOZWPNM %PUY ��mlMmalkno RECEIVED JUL 0 8 2021 DCM-MHD CITY a�DEN rGD MpV � 3 202� ppM'OX AGtDN, Nc EXHIBIT "A" TRACT # 1 LOT 9, SHANDY POINT BEGINNING AT A POINT IN THE NORTHERN LINE OF LOT 9 AT THS SHANDY HALL TRACT AS SHOWN BY MAP RECORDED IN BOOK NNN, PAGE 790, OF THE NEW HANOVER COUNTY REGISTRY, SAID POINT LOCATED FROM THE CONCRSTE MONUMENT AT THR INTERSECTION OF THE EASTERN LINE OF SHANDY AVEI= WITH THE SOUTHERN LINE OF PIGFISH LANE AS SHOWN BY MAP RECORDED IN MAP BOOK 6, PAGE 58, IN THE NEW HANOVER COUNTY REGISTRY, BY THU FOLLOWING COURSES: 8011TH 23 DEORBES 50 MINUTES ,FIRST 150.0 FEET AS MEASURED WITH THE EASTERN LINE OF SHANDY AVENUE AND SOUTH 69 DEGREES 05 MINUTES EAST 839.7 FEET AS MEASURED WITH SAID NORTHERN LINE OF THE SHANDY HALL TRACT, RUNNING THENCE FROM SAID BEGINNING WITH SAID NORTHERN LINE OF SAID LOT 9 SOUTH 69 DEGREES 05 MINUTES EAST 123.0 FEAT TO A POINT, THENCE SOUTH 20 DEGREES 55 MINUTES WEST I82.0 FSBT TO A POINT IN THE NORTHERN LINE OF A 60 FOOT ROADWAY AND UTILITY EASEMENT AS RECORDED IN BOOK 904, PAGES 91 AND 92, IN THE NEW HANOVER COUNTY REGISTRY, THENCE WITH SAID NORTHERN LIMB NORTH 69 DEGREES 05 MINUTES WEST 54.0 FRET TO A POINT, THENCE NORTH 55 DEGREES 19 MINUTES 71.04 FORT TO A POINT, THENCE NORTH 20 DEGREES 55 MINUTES EAST 165.09 FEET TO THE POINT OF BEGINNING. TOG9MR WITH THE RIGHTS OF INGRESS AND EGRESS OVER THE ROADWAY AND UTILITY EASEMENT RECORDED IN BOOK 904, PAGES 91 AND 92 OF THE NEW HANOVER COUNTY REGISTRY. SUBJECT TO RESTRICTIONS CONTAINED IN A DEED TO ELLIS L. AYCOCK AND WIPE, ANNA S. AYCOCK, RECORDED IN BOOK 955, PAGE 626, OF THE NEW HANOVER COUNTY REGISTRY. TRACT q2 DOCK AREA NO. 17, SHANDY POINT BEGINNING AT A POINT IN A SOUTHERN LINE OF THE 60 FOOT ROADWAY AND UTILITY EASEMENT AS RECORDED IN BOOK 904, PAGE 91, IN THE NEW HANOVER COUNTY REGISTRY, SAID POINT LOCATED FROM A CQNCRETB MONUMENT AT THE INTERSECTION OF TAB EASTERN LINN OF SHANDY AV=W WITH THE SOUTHERN LING OF PIGFISH LANE AS SHOWN BY MAP -OF REDIVISION OF LOTS PIGFISH LANE RECORDED IN MAP BOOK 6, PAGE $9, IN THE NEW HANOVER COUNTY REGISTRY, AND BY MAP OF THE SHANDY HALL TRACT RECORDED IN BOOK NNN, PAGE 780, IN THE NEW HANOVER COUNTY REGISTRY, BY THE FOLLOWING COURSES' WITH THE EASTERN LINE OF SHANDY AVENUE SOUTH 23 DBORBBS SO MINM= WEST 370.04 FRET, WITH A SOUTHERN LINE OF SAID 60 FOOT ROADWAY AND UTILITY EASEMENT, SOUTH 69 DBORRUS 05 MINUTES ■AOT 223.94 "M SOUTH 78 DEGREES 26 MINUTES EAST 124.07 FEET, SOUTH 71 DEGREES 09 MINUTES EAST 217.02 FEET, AND SOUTH 69 DRGREBB 05 MINUTES EAST 120.0 FEET, WITH A WESTERN LINE OF SAID BASEMENT SOUTH 20 DEGREES s5 MINUTES 57 MINUTES FEST AST 140.0 PERT, 60. 0 FEET. WITHSAN EASTERN LIINEASEMENT E Of SSOU D6EASsIT RECEIVED JUL 08 2VI e'vi v om � 3 2021 oco oa&O 'SON, tyC DCM-MHD CITY EXHIBIT "A" CONTINUED NORTH 38 DBGRBBS.02 MINUTES BAST 129.41 FEET AND WITH A SOUTHERN LINE OF SAID BASEMENT SOUTH 55 DEGREES 19 MINUTES EAST 128.0 FEET, RUNNING THENCE FROM SAID SBGINNINa WITH SAID SOUTHERN LIMB SOUTH 55 DEGREES 19 MINUTES BAST 7.0 FEET TO A POINT, THENCE WITH A SOUTHERN LIMB OF SAID BASEMENT SOUTH 69 DEGREES 05 MINtTPB6 EAST 13.6 FEET TO A POINT, THBXCB SOUTH 20 DBGRBBS 55 MINUTES WEST 49.4 FEET TO THE LOW WATER LIKE OF A DRUDGED HASIN, THEJCB WITH SAID LOW WATER LIMB NORTH 38 DEGREES 53 MINUTES WEST 28.0 FEET TO A POINT, THENCE NORTH 26 DEGREES 41 MINUTES BAST 37.0 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICITON9 CONTAINED WIFE, ANNA B. AYCOCK, RECORDED IN HANOVER COUNTY REGISTRY. IN A DBBD TO ELLIS L. AYCOCK AND BOOK 955, PAGE 636, IN THE NEW RECEIVED JUL 08 2021 DCM-MHD CITY MQ� 0S10 DCMVJILM1NC'SON, NC REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Filed For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: WILMINGTON, NC 28401 01/1012005 04:13:38 PM RE 4633 Page: 595-599 2005001408 DEED 5 PGS $23.00 $2,850.00 MARVIS ANN STORER «... State of North Carolina, County of New Hanover The foregoing certificate of TAMARA L FISK Notary is certtfied to be correct. This 10TH of January 2005 REBECCA T. CHRISTIAN , REGISTER OF DEEDS !r By! Deputy/AatatafR Register of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2005001408* 2005001408 RECEIVED JUL 08 2021 Sr MA,I 0 3 202'1 pCM WI`MWGtON, NG DCM-MHD CITY DWR Pre -Filing Meeting Request Form 10 NVNIMCMO.INA EnNw'wMeueYry Contact Name* william dortch Contact Email Address' adortch@lmgroup.net Project Owner" Burrows Smith Project Name` Skystasail Docks Project County" New Hanover Owner Address: # Street Address 131 Skystasail Drive Address Line 2 City State / Province / Region wilmington nc Postal / Zip Code Country 28403 usa Is this a transportation project?* Yes No Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular 401 Water Quality Certification - Express Individual Permit Modification Shoreline Stabilization Does this project have an existing project ID#?' Yes No Do you know the name of the staff member you would like to request a meeting with? no RECEIVED JUL 0 S 2021 RECEIVEC, JUN 04 DCM-MHD CITY DCM WILMINGTON, NC Please give a brief project description below and include location information.* The applicants propose replacement of approximately 95' of the existing degraded bulkhead approximately 1' - 6' landward of the existing location. No coastal wetlands will be impacted. The proposed replacement bulkhead will measure approximately 91' long by 1' wide and will be constructed of naval style vinyl sheet pile with a wooden cap. The proposed replacement bulkhead will tie into adjacent bulkheads. Riparian landowners have been notified, have no objections to the proposal, and waive the 15' riparian setback for encroachment. Excavation behind the current existing degraded bulkhead will be performed by an excavator from the upland portion of the property to -6' NLW after the permitted basin dredging has been completed (CAMA Major Permit 12-19, May 2019). The excavation will measure approximately 373 square feet and generate approximately 180 cubic yards of material to be spread by bobcat across an irregular portion of parcel id R02400-002-002-000 owned by River Bluffs Development Corporation per New Hanover County Grading Permit #25-14 Revision #1. The spoil disposal location is owned by the applicant. See Appendix C for details. There are three replacement upland platforms, one floating dock, and three floating finger piers proposed to replace the current platforms and docking facilities. An existing 22' long x T wide floating boat lift will remain at 122 Skystasail Drive. An existing 18' long x T wide floating boat lift will remain at 124 Skystasail Drive The replacement upland platforms will measure 12.5' long by 12.5' wide with a 4.5' long by 4.5' wide ramp takeoff, 14.5' long by 12' wide with a 4.5' long by 4.5' wide takeoff ramp, and approximately 14.5' long by 12' wide with an 8' long by 4' wide ramp takeoff. The proposed platforms will not exceed the current upland square footage footprints of existing platforms. There is no additional upland work proposed on the property. There is one floating dock proposed measuring 82' long by 6' wide situated parallel to and immediately adjacent to the proposed bulkhead. Additionally, three floating finger piers are proposed measuring 21' long by T wide, 30' long by T wide, and 40' long by 3' wide. 13 mooring pilings exist within the current docking facility and will be removed as need to construct the proposed replacement docks and finger piers. Two additional mooring pilings are proposed. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* Submittal Date 6/4/2021 RECEIVED RECEIif;:. JUL 08 2021 JUN 04 2` DCM-MHD CITY DCM WILMINGTON, NC CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner Kelly William Randall c/o Burrows and Pamela Smith Address of Property 122 Skystasail Drive, Wilmington NC 28409 (Lot or Street #, Street or Road, City & County) Agent's Name #: Andy Dortch Mailing Address_ --'8%Wigt>LsvYleAve Ste 15 Agent's phone #: 910-452-0001 Wilmington NC 28403 I hereby certify that I own property adjacent to the above referenced property The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter I have no objections to this proposal. _ _ t have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal (DCM) in witting within 10 days of receipt of this Management notice. Contact information for DCM offices is available ath_pn ://www.nccoastaimanagement net/webfcm/staff listing orby calling 1-888-4RCOAST. No response is considered the same as no obk,en�� a ,.. .._ IVER I understand that a pier, dock, mooring pilings, boat amp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian acce unless waived by me. (If you wish t waive the setback, yi• "t+Ggij{�ij the dppt>dpriat b(anlp(j (' 1 do wish to waive the 15' setback requirement. `t I do not wish to waive the 15' setback requirement. (Prone!Iormation)(Riparian ProPeK7Ow�er information)�Signature igY nature f3ke,cows � �., >X fi�rE'k'�GG .Sr t, � T Pnn, or Type Name ennt or Type Name Martmg Addrass !Z�u:lI a,to.� yc .>28Yo S -3 at p 9/o'SWd J.tfri ticwto t cJ i1 /c 6/466 LF,rnry. c.nt Telephone Number/Email Address Date RECEIVED JUL 08 2021 MarBng Address Wilmington NC 28409 City/State/Zip IhOF-Z* --) S-7 s�1, r �c yoT f Telephone Number /E ail Address rTd' Alcf 7 ----MAY (Revised Aug. 2o14) DCM WILMINGTO,,, iJ DCM-MHD CITY CERTIFIED MAIL . RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner Kelly William Randall Go Burrows and Pamela Smith Address of Property 122 Skystesail Drive, Wiitnington NC 29409 (Lot or street i, street or Road. city d county) Agent's Name #: Andy Dortch 910452�0001 � 3806WVtbNeAve�15 Agen's phone #: Wilmington NC 2&403 1 hereby certify that I own property adjacent to the above referenced ePPlying for this Parmh has described to me as shown on the property. Theindividual Site drowirtg_the devabpmerit met` are PnoPosing. A dsaaiotion or drawim with dimensions must be provided anlh ihLg What. I have no objections to this pmrwuJ. _ _ I have objections to this proposal. ff you haw QbJaetlona m whatis Wing proposed, You must nobly nle DA*ADn OfC"XWM MCM) In wr tng whhb tp days of scalp( of this notice. Coneeot kftneatlron for OOAf is WAIVER SECTION I Understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of IF from my area of riparian access unless waived by me (if you wish to waive the setback, you UNM ytNiel the appiwa(e.hqedt belay.) +L P5V�`-1 do wish to waive the 15' setback requfremanl. I do not wish to waive the IS' setback requirement �(iovperty r otmaeo ) i f of S%BhOfVrt 67 Prier a type ew.+s IJarra / S '& Gat st, ;/ A,,, Mafing as ury rp sro-vyf- �akt Talaplwm Nun ber/Ema# Acgr&W (Riparian Pro rty Owner Information) S e �00A S . S- l{ �� J PaW or Type Nerve Eby �i.�,raE,a� s L rt.ya. MaWrg Atldess 1Mkrsnglpn NC 28409 cMLp Ito -S L o -ol b3 TBFapbone Number/Ertq#Aditrass , kt �iai► Wise ObviaadAug 2014) RECEIVED JUL 0 8 2021 DCM-MHD CITY RECEIVE[) MAY 0 3 2G2l DCM W'W INGTON 4LMG LAND MANAGEMENT GROUP a DAIEY* company March 15, 2021 SCOTT FARREL W 135 SKYSTASAIL DRIVE WILMINGTON, NC 28409 To Whom It May Concern: On behalf of Kelley William Randall and Parrow, Brandon Mary, Burrows and Pamela Smith are applying for a LAMA Major Permit for development activity on the property located at 122, 124, and 126 Skystasail Drive, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Patrick Amico North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 It is understood that you may have already signed an adjacent landowner notification / waiver. If so, this is a duplicate notification because DCM requires delivery through the USPS for major permit applications. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch(&Imarouo.net Sincerely, RECEIVED JUL 0 8 2021 DCM-MHD CITY Andy Dortch, Agent Land Management Group RECEIVED Enclosures www.lmgroup.net •Phone: 910.452.0001 •Fax: 810.452.0060 MAY 0 3 2021 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a CAMI mmiany. March 15, 2021 SHELTON JOHN AND CHASE 104 MARTINGALE LANE WILMINGTON, NC 28409 To Whom It May Concern: On behalf of Kelley William Randall and Parrow Brandon Mary, Burrows and Pamela Smith are applying for a CAMA Major Permit for development activity on the property located at 122, 124, and 126 Skystasail Drive, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. Appendix B may be delivered upon request. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Patrick Amico North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 It is understood that you may have already signed an adjacent landowner notification / waiver. If so, this is a duplicate notification because DCM requires delivery through the USPS for major permit applications. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch@lmqroup.net Sincerely, RECEIVED JUL 0 8 2021 Andy Dortch, Agent Land Management Group DCM-MHD CITY RECEIVED Enclosures MAY p g 207i www.lmgroup.net - Phone: 910.452,0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM WILMINGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM Name of Property Owner: Brandon Mary B Parrow Address of rtY ProP a 124 Skystasail Drive, Wilmington, New Hanover County tuu ui greet IF, z)treet or Koad, City & County) Agent's Name #: Andy Dortch Agent's phone # 910-452-0001 Mailing Address: 3805 wdghtsville ave ste 15 Wilmington nc 28403 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawina the develo ment they are proposing. Burrows Initial ( 1 have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www nccoastiirncnagement.not/w8b/cm(staff-listing orby calling 1-888-4RCDAST No response is considered the same as no objection If you have been notified by Certified Mail, WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) Burrows l I do wish to waive the 15' setback re Initial quirement I do not wish to waive the 15' setback requirement. (Property 9wrier Information) Si azure Brandon Mary B Parrow Pnnt or Type Name 102 Skystasail Drive Mailing Address Wilmington NC 28409 Crfy/Statelzip Telephone Number/Email Address Date I RECEIVED JUL 0 S 2021 (Riparian Property [Owneerr IIr.1formation) Signature Burrows Smith Print or Type Name 131 Skystasail Drive Mailing Address Wilmington NC 28409 City/State2ip C' Telephone NumberlEmad Address NC Date ---.--�==�tG � Atli nCM W1lMtNGTON, (Revised Aug. 2014) DCM-MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Farrow Brandon Mary B Address of Property: 124 Skystasail Drive, Wilmington, New Hanover County (Lot or Street #, Street or Road, City & County) Agent's Name #: Andy Dortch Agent's phone #: 910-452-0001 Mailing Address: 3805 Wrightsville ave ste 15 Wilmington nc 28403 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. Kelley �'�p Initial Algt= I have no objections to this proposal- I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at hKp:11www. nccoastalmanaaorby calling 1-888-4RCOAST. No response is considered the same as no objection If you have been notified h. canreod en�u WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) Kelley Initial &4A—, 1 do wish to waif the 15' setback nemerrt. I do not wish to waive the 15' setback requirement. (Property Owner Information) Sim re Farrow Brandon Mary B Print or Type Name 102 Skystasail Drive Mailing Address Wilmington NC 28409 Cit statezp Telephone Number/Email Address Date (Riparian Prope Owner Information) Signature William Randall Kelley RECEIVED Print or Type Name 110 Martingale Lane - JUL 0 8 2021 Mailing Address Wilmington NC 28409 DCM-MHD CITY City/Stat&Dp �ECE(VEQ ?/o-sza Telephone Number/Email Address MM 21 2�2 5- Y—Z Date DC WILMINGTON,NC (Revised Aug. 2014) CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: William Randall Kelley Address of Property: 122 Skvstasail Drive Wilmington New Hanover County (Lot or Street #, Street or Road, City & County) Andy Dortch Agent's Name #: Mailing Address: 3805 wrightsville ave ste 15 Agent's phone #: 910-452-0001 wilminqton nc 28409 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. Parrow ,�/,, Initial / 9nr_el hSve no objecticuts to this proposal. I have objections to this proposal. If you have objections to what is beingproposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athtt:OK,ww..accoastaimanaaement.netiweb/cm/staff-listingorbycalling1-888-4RCOAST. No response is considered the same as nn nhiortinn if vnu ha..o h.0 nns:And k.. .v-:r WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) Parrow ,j pf I do wisit tow jhE 15' setback requirement. Initial %Frl4----- I do not wish to waive the 15' setback requirement. (Property Owner Information) (Riparial roperty Owner Information) Signature Si Lure William Randall Kelley Parrow Brandon Mary B RECEIVED Print or Type Name 110 Martingale Lane Mailing Address Wilmington NC 28409 City/State/Zip 9/0 '�� - 5 21a � Telephone Number/Email Addmss Date Print or Type Name 102 Skystasail Drive JUL 0 8 2021 Mailing Address CM-MH Wilmington NC 28409 CITY City/Statelzip w�p Telephone Number/Email Address s -11-21 �oN Nc Date r t N11Lt J11NG (Revised Ate. U14) CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Smith Burrows Address of Property: 126 Skystasail Dnve, Wilmington, New Hanover County (Lot or Street #, Street or Road, City $ County) Agent's Name #: Andy Dortch Agent's phone #: 910-452-0001 Mailing Address: 3805 wrightsville ave ste 15 wilmington nc 28403 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawina the develo ment they are proposing. Parrow InitialJ- gave no 0jec60491t►ttis proposal: I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http:Owww.nccoastalmonagemenf netlweb/em/staff-listing orby calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from m area of riparian access unless waived by me. (If you wish to waive the setback, yothe appropriate blank below.) Parrow Initial I do not wish to waive the 15' setback requirement. (Prop@ Owner In :7[on) Signature Burrows Smith Print or Type Name 131 Skystasail Drive Mailing Address Wilmington NC 28409 C!1y0&ate, ip M) - //•;", -2a e�, Telephone Number/Email Address s-at - 3"1 ixte (RipariaF roperty Owner Infortnation) / SiKature RECEIVED Parrow Brandon Mary B Print or Type Name JUL 0 8 2021 102 Skystasail Drive Mailing Address Wilmington NC 28409 M-MHD CITY City/StatWZip Telephone Number/Email Address,; '. MpV 2'1 - f il-at NG Dam �`Alt4. 2011`MtNGTpN, (Rev4) ROY COOPER Governor JOHN NICHOLSON Interim Secretary BRAXTON DAVIS Director Andy Dortch 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 Dear Mr. Dortch: NORTH CAROLINA Environmental Quality July 4, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Burrows Smith, Williams Kelley, and Brandon Farrow for State approval for development of the subject property located at 122, 124, and 126 Skystasail Dr adjacent to a man-made canal in Wilmington, in New Hanover County. It was received as complete on June 18, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is September 1, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from June 18, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Bryan Hall Field Representative RECEIVED cc: Gregg Bodnar, DCM USACE JUL 0 8 2021 Holley Snider, DWR Christine Bouffard, LPO CITY Burrows Smith, Applicant Brandon Farrow, Applicant DCM-MHD William Kelley, Applicant North Carolina Departmetrt oFEnWmnmentai Qya&y I Division of Coastal Management Wilmington office 1 127 Cardinal Drive Extension 14vamington, North Carolina 28405 910.796.7215 NOTI(01v$l: m r � 00 mCAMA PERM IT APPLIED FOR Applicant proposed to install a new bulkhead Plgmivard OT an existing bulkhead-, excavate high grown o P r%w%m,f^* +A L.w-:- o--'L-----1----- -a - • .� ..... i=t•.lrlrl:.:: I:: ►=A-1•@1��-.=�1�5�)r ■.��..Y�witiw�..��� Hanover County. COMMENTS ACCEPTED THROUGH ✓" 31 2021 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Burrows Smith, William Kelley, Brandon Parrow i t g 122, 124, 126 Skystasail Drive IV. O oas a anagemen Wilmington, 1 CardIna r. x . 1 minon, Agent.- Land Management Group _ c/o Andy Dortch Bryan Hall (910)452-0001 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 6, 2021 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: NORTH CAROLINA Environmental Quality • George Adams Family Trust • Burrows Smith, William Kelley, Brandon Parrow Hello: Please publish the attached Notice in the Saturday, July 10, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. incerellly,,, cc: MHC Files Gregg Bodnar — MHC USACE Support & Customer Assistance RECEIVED JUL 0 8 2021 DCM-MHD CITY DEQ�� unrawweria+w� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wlhntngtm, North Caolina 28405 910.796.7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On July 6, 2021, the GeorgeAdams Family Trust proposed to construct a single family home wl assoc. 404 wetland fill, relocation of an existing storm water outfall & addition of rip -rap at 600 Carmel Trail, adj. to Howe Creek in Wilmington, New Hanover County, and on July 4, 2021, Burrows Smith, William Kelley & Brandon Parrow proposed to install a new bulkhead landward of an existing bulkhead, excavate high ground to connect to existing basin & restructure docking facilities at each property to accommodate up to six (6) vessels at 122,124,126 Skystasail Dr., adj. to the AlWW in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks (Adams Family Trust), or Bryan Hall (Smith, Kelley, Parrow) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 (Katharine) or (910) 796-7423 (Bryan) 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 July 31, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUL 0 8 2021 DCM-MHD CITY �FEQ: North Carolina Department of Environmental Qualtty I Division of Coastal Management Wilmington Office 1127 Cardinal Drive E#enslon I Wilmington, North Carolina 28405 vxmcwr:�� 910.796.7215 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Kelley William Randall, Parrow Brandon Mary, and Smith Burrows Pamela Name of Property Owner Requesting Permit: C/O Burrows and Pamela Smith Mailing Address. 131 Skystasail Drive Wilmington NC 28409 Phone Number: 910-443-3283 Email Address: burrows@riverbluffsliving.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: installation of fixed platforms, floating docks. and bulkhead at my property located at 122, 124, and 126 Skystasail Drive, Wilmington NC 28409 in New Hanover County. l furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Sign ure Smith Burrows RaK a Print or Type Name nU� _ Title �Z� Date This certification is valid through 12 131 /2022 RECEIVED JUL 08 2021 DCM-MHD CITY fkvCsNE© MAY 0 3 2021 oCM \fVI 0"GTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Kelley William Randall. Parrow Brandon Mary, and Smith Burrows Pamela Name of Property Owner Requesting Permit: CIO Burrows and Pamela Smith Mailing Address: 131 Skystasail Drive Wilmington NC 28409 Phone Number; 910-443-3283 Email Address: burrows@riverbluffsliving.com I certify that I have authorized Land Management Group Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: installation of fixed platforms. floating docks, and bulkhead at my property located at 122. 124, and 126 Skystasail Drive, Wilmington NC 28409 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: Signature Parrow Brandon Mary Print or Type Name Title 2 Date This certification is valid through 12 131 RECEIVED JUL 0 8 2021 DCM-MHD CITY 2022 `001G�ON oGM.NNG AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Kelley William Randall, Parrow Brandon Mary, and Smith Burrows Pamela Name of Property Owner Requesting Permit: C/O Burrows and Pamela Smith Mailing Address: 131 Skystasail Drive Wilmington NC 28409 Phone Number: 910-443-3283 Email Address: burrows@riverbluffsliving.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: installation of fixed platforms, floating docks, and bulkhead at my property located at 122, 124, and 126 Skystasail Drive, Wilmington NC 28409 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: Signature Print or Type Name Title i9 1 ao Date This certification is valid through 12 l31 /2022 RECEIVED JUL 0 8 2021 DCM-MHD CITY FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN NEW HANOVER OONNTy NO 2003 FES 07 11151:9 0M 8K.3636 PG 65-69 FEE 123 00 fNSM N MM STATE OF NORTH CAROLINA NEW HANOVER COUNTY RIPARIAN BOUNDARY LINE COVENANT TAX PACREL NOS R06309-002-010-001 R06309-002-010-002 THIS RIPARIAN BOUNDARY LINE COVENANT ("Covenant"), made this Oh day of February, 2003, by and among James w Overton, and wife, Rebecca L. Overton, of New Hanover County, North Carolina (hereinafter collectively referred to as "OVERTON"), whose mailing address Is 2601 Shandy Lane, Wilmington, NC 28409 and Dr. Darnel Gottovl (hereinafter referred to as "GOTTOVI"), whose mailing address Is 116 Martingale Drive, Wilmington, NC 28409. WITNESSETH: WHEREAS, the parties hereto are the owners of adjoining lands situated in New Hanover County, North Carolina, the lands of OVERTON being described in a Deed recorded in Book 1801, Page 1185, the lands of GOTTOVI being RECEIVED RECEIVED RETURNED10 MAY 0 3 2021 JUL 08 2021 1�,rkrer Luse '��"�WILMINGTONNr DCM-MHD CITY described in a Deed recorded in Book 3271, Page 754, both in the office of the Register of Deeds of New Hanover County; and WHEREAS, due to the shifting and/or damage of certain pilings, caused by the effects of hurricanes, some question has ansen concerning the respective riparian access corridors of the parties hereto; and WHEREAS, it is the desire of the parties hereto definitely to fix and establish the riparian access corridors between their said properties through the use of this Covenant which shall run with the lands of each; NOW, THEREFORE, said parties hereto, in consideration of the premises and the sum of ten dollars ($10.00), each to the other in hand paid, the receipt and sufficiency of which is hereby acknowledged, do hereby covenant and agree that the npanan access corridors of their said properties shall be as depicted on that "Map of survey of Lot 14, 15, 16, and 17, dock areas and riparian Imes at Shandy Point, Greenville Sound," by Sherwin D Cribb (NC Professional Land Surveyor L-1099), dated October 4, 2002, and recorded In Map Book 43, Page 182 of the New Hanover County Registry, and that this Riparian Boundary Line Covenant is and shall be a covenant running with the land. IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seal this the day and year first above written. RECEIVP77 [SIGNATURE PAGES FOLLOW] 2 JUL 0 8 7C<I DCM-MHD CITY RECEIVE`.[} MAY 0 a W; DCM VVILMINGTON, NO k�. L L) - U f-Gu (SEAL) Jm es W Overton c o (SEAL) Re ecca L Overton STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER( I. r6oFiR`a1 t xzF a No Public for said County and State, do hereby certify that James W. Overton and wife, Rebecca L. Overton personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this the -C day of aA� S - Z(A MOFFREY A LOSES NOTARY PUBLIC NEW HANOVER COUNTY, NC RECEIVED JUL 0 8 2021 DCM-MHD CITY RECENEC 3 MAY 0 3 20'z'' DCM WILMWGTON, NC (SEAL) Darnel Gott vi STATE OF NORTH CAROLINA COUNTY Or NEW HANOVER I, --OE r(Lc`(�L.a� , a Notary Public for said County and State, do hereby certify that Daniel Gottovi, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. F�2 Azy Witness my hand and official stamp or seal, this the %day of 1eq- 6 - 200 L1 GEOFREr a EOsEFE NOTARY PUBLIC p" µANOVER COUNTY, NC RECEIVED JUL 08 2021 DCM-MHD CITY SFCFIVED 4 MAY 0 3 ZO DCM WILMINGTON,'' - REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 1MRMiMRMMMthNfttflMlHffffMfNlNfHlftlfNMfMR.N.f.MRNMRNRMiMRRMMNRf NRNMRMRR......fNM+b[ Filed For Registration: 02107/2003 11.51:00 AM Book: RE 3636 Page: 65-69 Document No.: 2003006656 BNDRY LINE COY 5 PGS $23.00 Recorder JACQUELINE NELSON .M N N M....... NNMt.11MMtIhYNh MtNlYlfhttY.....Nf.tYRf..hltf h.1h......1M....... h... Yf...... *.......... h„♦ State of North Carolina, County of New Hanover The foregoing certificate of GEOFFREY A LOSES Notary Is certified to be correct. This TTH of February 2003 RECEIVED YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. JUL 08 2021 PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDINGDCM-MHD CITY *2003006656* 2003006656 RECENED MAY 0 3 2021 DCM WILMINGTON, NC Book 5938 Page 1704 SK: RR 6938 PG: 1704-1108 2016038419 NC FEE$MOO p Cc .E. _ 12-18-26 N Me µk � �% P 03:3826 FM T�YNTHEI ��v OF O6FDS Execs12x1.w BY ANDPEw CPESYrEtt IE�.I+TEP ,sAtiT,J? STATE OF NORTH CAROLINA Tax Parcel ID # 306212 002-004-000 and R06309-002-010-000 Mail After Recording To: Brandon. J. Parrow (Grantee's Address) 102 Skystasail Drive Wilmington, NC 28409 DRAWN BY AND RETURNED TO: CALDER LAW, PLLC 1410 Commonwealth Dr., Ste. 205, WiLaington, NC 28403 If checked, the property includes the primary residence of at least one of the Grantors, otherwise, note as N/A. (per NC GS 5 105-317.2) Grantor's Address: 7891 Hansen Road NE Bainbridge Island, WA 98119 Brief Description: Lot 15 and Dock Area 16 Shandy Point This Deed, made and entered into this the I S day of December, 2015, by and between Robert P. Holding, IV and wife, Laura M. Holding, the GRANTOR herein, and, Brandon J. Parrow and wife, Mary Brooks Farrow, the GRANTEE herein. N I T N E S S S T S; That the Grantor, for and in the consideration of the sum of One Dollar and other valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, does grant, bargain, sell and convey unto the Grantees in fee simple, that real estate located -n the County of New Hanover, State of North Carolina, more particularly described as follows: RECEIVED JUL 0 8 2021 DCM-MHD CITY aECElvr✓�= go 0 3 ZoZ\ DGM01-011AG-Vot NC Book 5938 Paga 1705- Being Lot 15 and Dock Area 16 in Shandy Point subdivision, with addresses of 102 and 120 Skystasail Dxive as the same are described as fnllnwa- LOT 15 S.9ANDY POINT: Being that property with Tax Parcel ID number R06212- 002-004-000 described in instrument recorded in 3ook 3364 at Page 194 in the New Hanover County Reg'-stry described in that Exhibit A attached and incorporated herein. DOCK AREA 16 - SHANDY POINT Being that property with Tax Parcel ID number R06309- 002-010-000 described in instr.-ant recorded in Book 3364 at Page 194 in the New Hanover County Registry described in that Exhibit A attached and incorporated herein. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee in fee simple. 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 the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title aga,'nst 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: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2015 ad valorem taxes; all applicable restrictive covenants and rights reserved or granted therein; and all applicable utility, drainage and other easements of record. In witness whereof, the Grantor(s) have hereunto set their hands and seals this the day and year first above written. F�1E j ( SEA;, ) PCAMrt P. Holding, IV Holding REST OF PAGE INTENTIONALLY SLAINIL ACKNOWLEDGEAMM ARE ON THE FOLLOWING PAGE. RECEIVED JUL 0 8 2021 DCM-MHD CITY FZE'SweD MAy 0 3 ZW QGM WIIMINGTON, p!G Hook 5938 Page 1706 STATE o GLJq-s,YNC�mAl COUNTY o8 I, a Notary Public of the County and State aforesaid, certify that Robert P. Holding, IV and 16fe, Laura M. Holding personally appeared before me, known to me or proven to me by photographic identification, this day and acknowledged the execution of the foregoing instrument. Witness my hand and official scarp or sea!, this the 16 day of December, 2015_ • �,� ,,,fie, • F :Votary Public Printed Name: My Commission Expires: — RECEIVED JUL 08 2021 DCM-MHD CITY RECEIVE4 MAY 0 3 2021 pCM WILMINGTON, NC Book 5938 Page 1707 PLOJOHn. •� 1 BEa IING at a ?oint in the Easbeai line of Shandy Avamm, said point located South 23 degrees 50 Minutes West 340.0 feet as maamwad with said 2L`�trm line of y Awenue fr a as:crate msu.snt at its intersection with the Scutt¢ line of Pig Fish Sane as shown by Map, of Redivision of lots, Pig Ptah Lane recorded in Map Book 6, Page 56, and by Map of Share-y Hall Tract recorded in Book NNN, Page 790 in the New Hanover b,mty Registry, said BeginniM also being at the centerline Of a 60 foot roadway wd utii ty easeaaat recorded in Hook 904, Page 91, - X"aNG TRENCH am Said Beginning with the Eastern line of Shandy Avenhe South 23 degrees 50 minutes Want 147.0 feet to a point in the Northam line of a tract conveyed by Shandy Point nevelcpment C®pany to wads Di. Miles,_. at we k000rded in Book 864, Pega 513, TFENQt. with the Northern line of said tract South 58- degrees 57 minutes Fast 139.93 feet to a Point, TMKZ continuing with raid Northern lireSc7uth 67 degrees 48 minutes East 103.70 feet; UR34CE North 22 degrees 03 mirnntas Fast 152.93- feet to a point in the center of the aforesaid 60 foot roadway and utility easement, ath said caaterlina North 78 degrees 25 mirnrtes West 19.41 feet to a point, TEME continuing with said centerlins North 69 degrees 05 minutes West 220.0 feet to the point of Beginning. Tt7GE EM WPiii a Perpet. al easement and right of way over the roads described in Ease•-m'-nt Agreaffimt recorded in BSok 904, Page 91 in the Nov Hmwvar Chanty Pegistry. . S[St.>ECP to those restrictive covenants contained in deed recorded in Book 955, Page 626 in the New Hmhover County Registry; tin right e- way to the North Carolina Ltepartz[ent of Transportation over the Northern 30 feet of the property, said right of way being recorded in Book 1023, Page 26 in.. the New Haoover Conuty Registry; mid else subject to tits fact that FFpisvximately 3 feet at the North wall of the rauhd brick welltm:es on the N=ttavest corner of the property M=Dadmes over the Nxtb line of the property onto the road right of way. 81•�— ..6 GIaJY I?ELIOUNG at a point in the Southern line of the 60 foot roadway and utility easement as recorded in Book 904 at Page 91, in the New Hmrnrs county Pegls ;- said point located from a concrete m comet at the intersection of t1a Eastern line of shandy Av» with the Southern lira of Pig Fish Lane as shown by imp of Fedivi.sion of lots of Pig Ieish T, remzdai in Hap Hook 6, Page 58, and by Map of the shandy Nall. Tract recordea in Book NNN, Page 780, Ay the following courses: With the eastarn line of Shandy Rosins South 23 degrees 50 r,Fiirute5 West 370.04 feet, with a Southern Line at said 60 foot roadway and utility easeent South 69 degrees 05 minutes Fast 223.9E feet, South 78 degrees 26 minutes East 124.07 feet; South 71 degrees 09 minutes Past 217.02 feet; and South 69 decrees 05 minutes Fast 120.0 feet; with a Wester .line of said 'r+ssnae* South 20 degrees 55 mim=es West 140.0 feet; GrMairg said easement ;both 67 derees 57 minutes Past 60.0 feat; with an Easts= line of said a t: North 38 degrees 02 minutes salt 129.41 feet to a Feint and with a Sohtbes line of said easermnt south 55 degrees 19 min-tes East 106.0 fast; AMENGTDM7E from said Beginning with said Southern line South 55 degrees 19 minutes East 22.0 feet to a pointf Tmmm South 26 degrees 41rnUmtas Wart 37.0 feet to the low water line of a dredged basin, THENCE vdth said law water fins North 32 degrees OS minutes West 29.53 feet to a point; THENCE North 34 degrees 14 minutes East 25.0 feet to the Point of Beginning. The above dQsc ;b8d tract is subject b those restrictive covenants contained in deed r000rded in Book .955, Page 636 in tl:e New Becover County E4agiatry, and to any rights the public may bave in any lands lying bets Q biro end F�FCENED low water .liras of the waters adjoining this tract_ RECEIVED MM 03 zal JUL 0 8 2021 oCM WILMINGToN, DCM-MHD CITY goon 5938 Page 1708 TAMMY THEUSM o BEASLEY New Hanover County z rI Register of Deeds Register of Deeds sl 216 NORTH SECOND STREET • WILMINGTION, NORTH CAROLWA 26401`�`\ -798-7751 Telephone 910-7984530 • Fax 910 ��uNpCj f #f 11f ffk 4f 4H##H4#4 H4H#ff#HH #f 4f#1h4f IHHHf HH###4.4f #4#4f 4H M44444#4M4Mflff Yf44ifff #f f#f f#f4fi# State of North Carolina, County of NEW HANOVER Filed For Registration: 12/18/2015 03:38:26 PM Book: RB 5938 Page: 1704-1708 5 PGS $1,286.00 Real Property $26.00 RECEIVED Excise Tax $1,260.00 Recorder: ANDREA CRESWELL JUL 0$ 2021 Document No: 2015038419 DCM-MHD CITY 1f0iftfff#If1f##f#fff!#llffffffff##ff#ff•ff.Yff lelff1ff11fffaflfffl##ff##!##ff itf1 f11fff#ff!#f#f##f f##lfffff DO NOT REMOVEI ^his certification sheet is a vital part of your recorded doeument. Please retain with original document a d submit wAsn ra-ra�^din4. �j y� `' �y P1=�C1 V l:ll MAY 0 3 20D --- — '� NG pCM Jennifer H. MacNeish Register of Deeds New Hanover County, NC Electronically Recorded 2012 Mar 01 01:40 PM RE Excise Tax: $800,00 Book 5622 Page.958 Fee:$26.00 Instrument Number:2012006755 Non -Standard Fee: STATE OF NORTH CAROLINA SPECIAL WARRANTY DEED COUNTY OF NEW HANOVER Excise Tax: 51oa Tax Parcel Nos. R06309-W2-023-000 R06309-002-010-007 Prepared (without title search) by and return to: W.R.m�Lwti t�,rktta�nc� Bank of the Ozarks 17901 Chenal Parkway Little Rock, AR 72223 THIS DEED, made this the day of February, 2012, by and between RECEIVED GRANTOR: BANK OF THE OZARKS, a banking corporation organized and existing under the laws of the State of Arkansas JUL 0 8 2021 17901 Chenal Parkway Little Rock, AR 72223 1)CM-1WH0 CITY GRANTEES: WILLIAM RANDALL KELLEY and SEABROOK CONNELL KELLEYrVVWeieA 2200 Carlise Road Greensboro, North Carolina 27408 WITNESSETH: In exchange for good and valuable consideration from Grantees to Grantor, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby gives, grants, bargains, sells, and conveys unto Grantees in fee simple, subject to the exceptions and reservations hereinafter provided, if any, the fotlowing described property, located in New Hanover County, North Carolina and more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"). The Property does not include the primary residence of Grantor. CSwEo Grantees have fully examined and inspected the Property, and Grantor is conveying the Property in its May o s Z02, Submitted electronically by "Baker & Colby, Pt LC" pf,'MW�LMINGt�N in compliance with North carolioa statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of needs_ existing condition with no representations or warranties of any kind with regard to its condition. Grantor is conveying the Property "as is, where is, and with all faults," and Grantees assume all responsibility for the Property. This conveyance is subject to all real estate ad valorem taxes and governmental assessments, all matters of record, all matters as would be revealed by a current and accurate survey of the Property herein conveyed, and all matters accruing prior to the date of acquisition of the Property by Grantor. TO HAVE AND TO HOLD the Property unto Grantees, and unto Grantees' heirs, personal representatives, and assigns forever, with all tenements, appurtenances, and hereditaments thereumo belonging, and, subject to the terms, covenants, conditions, restrictions, and provisions contained herein, and in lieu of all other warranties, express or implied, Grantor hereby covenants with Grantees that Grantor will forever warrant and defend the title to the Property against all lawful claims and encumbrances done or suffered by or through Grantor, but against none other whatsoever. All references to Grantor and Grantees as used herein shall include the parties as well as their heirs, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as required by context. The conditions, covenants, restrictions, and other provisions set out hereinabove shall be binding upon and shall inure to the benefit of the parties, their subsidiaries, affiliates, legal representatives, heirs, personal representatives, successors, and assigns. IN WITNESS WHEREOF, Grantor has executed this inatrumem effective as of the "74t day of February,2012 STATE OF NORTHCjAROLINA COUNTY OF py ) (}A.hpUlu BANK , OZARKS, as Arkansas bankjagfrration N (fAfLA Title: Rft el veD JUL 0 8202, I certify that & L T 4,is #i . in his capacity as _ $ VP for Bank of theDCM H� Can. Ozarks, personally appe4red before me this day, and acknowledging to me that he signed the foregoing document in the capacity indicated and for the purposes set forth hereinabove. Date: February ZW, 2012 C&.— Alt,1.`9 ('Official Seat) ELLEN HOPP NOTARY PUBLIC NEW HANOVER COUNTY, N.C- My t:orrmaaspn F-x{7ires 5.37�2I115_ C/ Notary Public Notary's Printed t . e My commission expires: —E-3I is aSc fWED 00 0 5 IMA DGN' W14M�NG'(ON, tgC &XRI�A TRACT ilt Part of Lots 25 and 26 - Shsu$y Point. BEGINNING at a point in the Southern line o6 the former W. H. Sprunt tract and the Northern line df the now or former Alex Sprunt tract, said point locat4d from a concrete monument at the intersection of the Southesn line of Pigfish Lane With the Eastern line of. Shandy Avenue as shown on maps recorded in Book NNN, Page 180', and Nap Book 6, Page 58, of the New Hanover county Registry, by the following courses: South 23 degrees 50 minutes W05t a48.46 feet with said Enatern line of Shandy Avenue and South 61 degrees 02 minutes East 423,18 feet with said Southern line of the W. H. Sprunt tract, running thence from said Beginning with said Southern line South 61 degrees 02 minutes East 86.82 feet to a point, the southeast corner of Lot 26, Shandy Point, thence North 36 degrees 08 minutes East 200.87 feet with the western: line of Lot 27, Shandy Point, to a point in the Southern line of a 60 foot utility and roadway easement as recorded in Book 904 at Page 91, New Hanover County Registry, thence with said southern line North 67 degreWs 57 minutes West 138.10 feet to a point said point b6ing North 67 degrees 57 minutes West 28.10 feet from the northeast corner of Lot 25 of Shandy Point as particulaLly described and conveyed in deed to E.C. Chewning, Jr., and wife, Martha G. Chewning, recorded in Book 955 at Page 640, New Hanover County Registry; running thence from said boundary line beginning point South 23 degrees 14 minute Nest 102.70 feet to a point in the southern line of the tract of land conveyed to Karen E, Gottovi by deed recorded in Book 1D46, Page 557, New Hanover County Registry, together with the rights to ingress and egress over the utility and roadway easement as recorded in Book 904 Page 91, of the New Sanover County Registry. Subject to restrictions contained in a deed to Ellis L. Aycock and wife, Anna B. Aycmk, recorded in Hook 955, Page 626 of the New Hanover County Registry. TRACT 12, Dock Area No. 15 - Bhaadv Point. BBGSNNM at a point in a southern line of the 60 'faot roadway and utility easement. as recorded in Book 904, Page 91, in the NOW RECEIVED JUL 08 2021 DCM-MHD CITY MAy 0 3 2021 0cm \ANINGjON, NC Hanovei county Registry, said point located from a concrete monument at the intersection of the eastern line of. Shandy Avenue with the Scutlhern line of Pigfish Lane as Shown by map of Redivision of Lots Pigfish Lane recorded in nap Bock 5, Page 59, and by Hap of the Shandy Hall Tract recorded in book, NNN, Page 780, by the following coursesi With the eastern line of Shandy Avenue South 23 degrees 50 minutes West 370.04 feet, wDth a southern line of said 60 foot roadway and utility easement, South 69 degrees, 05 minutes East 223.98 feet, South 78 degrees 26 minutes East 124.87 feet, South 71 degslees 09 minutes East 217.02 feet, and South 69 degrees 05•minutes East 120,0 feet, with a western line of said easement South 20 degrees 55 minutee west 140.0 feet, crossing said easement South 67 degrees 57 minutes East 60.0 fleet, with an eastern line Of said easement North 38 degrees 02 minutes East 129.41 feet, and with a southern line`of said easement South 55 degrees 19 minutes East 78.0 eat, running thence from said Beginning with said southern line South 55 degrees 19 minutes East 28.0 feet to 'a point, thence south 34 degrees 41 minutes West 25.0 feet to the Low water line Of a dredged basin, thence with said low water line North 55 degrees 19 minutes West 204 feet to a point, thence North 34 degrees 41 minutes East 25,D feet to the point of BEGINNING. Subject to Restrictions contained in deed to Ellis L, Aycock and wife, Anna B. Aycock, recorded in Book 955, Page 636, of the New Hanover County Registry. RECEIVED JUL 08 7021 DCM-MHD CITY FkECEN'Ea MAY 4 3 ZW pCM W11.M�NGTON• N�. zeese®tsea FOR REGISTRRTION REGISTER OF DEEDS REBECCR T. CIYiI TIRN NEY iMNOVER (bUidTV RC M JAP1 18 04,13.38 Pfl won PG.W599 FEM.00 K REV S7W:S2,8K,N THE DEED WAS PREPARED WITHOUT TITLE EXAMINATION PREPARED BY: STEVEN F. SIEGEL STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Tax ID No.: R06309-001-011-000 WARRANTY DEED THIS DEED, made this 913- day of 70-tttAMf 2005, by TIMOTHY M. BOURNE and wife, SHANNON R. BOURNE, of 6250 IN LESIDE DRIVE, WILMINGTON, N 128g409, GRa;A1NTOR, to BURROWS G. SMITH and wife, PAMELA F. SMITH, of 1min;1;on6�1VC Dr28409 , 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 parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows: SEE EX UBrr "A" 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) taxes for current year. The designation Grantor URN TO: RECEIVE® FSSo sus ILeY 0 3 2021 JUL 08 2021 DOW\LMtNGTON \l Book 5915 Page 2135 RECEIVED JUL 0 S 2021 DCM-MHD CITY BK: RB 5915 Illll�lllllll��lll�lllllll ulllll� PG: 2135-2138 2015026983 NC FEE M.W STATE OF NORTH CAROLINA RECORDED: 09-02-2015 NEW HANOVER COUNTY. NC 0342 54 PM TAMY I EUSCN SLEY COUNTY OF NEW HANOVER "Y:ANOREACREswELL REGISTEROFOEEOS A3 ETANT AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR THE NEIGHBORHOODS AT RIVER BLUFFS THIS AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS FOR THE NEIGHBORHOODS AT RIVER BLUFFS ("Amendment") is made and entered into this Z dtlay of 50e2015 by RIVER BLUFFS DEVELOPMENT CORPORATION, a North Carolina corporation (the "Declarant'). RECITALS: A. Declarant caused to be recorded that certain Declaration of Protective Covenants for the Neighborhoods at River Bluffs in Book 5820, at Page 2854 in the office of the Register of Deeds of New Hanover County (as amended and supplemented, the "Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. B. The Declarant desires to amend the Declaration as set forth herein. C. Pursuant to Section 17.2 of the Declaration, during the Development Period, Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. 1 RECF:IVED RETURN TO v�Ord £. Sm }� MAY 0 11 2G21 DCM WILMING,TON, NC Book 5915 Page 2136 NOW, THEREFORE, Declarant, exercising its right to amend the Declaration pursuant to the provision set forth above, hereby amends the Declaration as follows: Section 12.2(a).1 is amended by adding the following sentence to the end of the sub -section: "Notwithstanding the foregoing, the following property shall not be subject to the residential use restriction described in this Section 12.2(a).1 and may be used also for commercial purposes: being those certain tracts of land depicted as "Davis Square Tract (A)", "Davis Square Tract (B)", 'Davis Square Tract (C)", and "Pool and Amenities Area" on the plat entitled "Final Plat for River Bluffs Phase 1, Section 1 Planned Development" recorded in Map Book 59, at Pages 189-199 in the office of the Register of Deeds of New Hanover County." 2. Section 12.2(a).5 of the Declaration is amended by deleting the third sentence in its entirety and inserting the following in lieu thereof: "Following any such combination, the assessments allocated to the resulting Lot shall be determined by the Declarant in its sole discretion during the Development Period, or the Association after the Development Period or after Declarant relinquishes that right to the Association in writing, and shall be either: (i) equal to the amount of assessments levied against one Lot, or (u) the equivalent of the assessments that would have been levied against the source Lots prior to combination. Declarant or the Association, as applicable, shall file a notice with the Register of Deeds after the combination or execute a notation on the instrument or plat of combination that is filed with the Register of Deeds setting forth the assessments allocated to the resulting Lot." 3.. Except as expressly provided in the paragraphs above, the terms and provisions of the Declaration shall continue in full force and effect in accordance with the terms of the same as modified hereby. [Signature to Follow] RECEIVED JUL 08 2021 DCM-MHD CITY RECI II :t: MAY 0 3 DC10 WILMINGTpN. NC Book 5915 Page 2137 IN TESTIMONY WHEREOF, the Declarant, acting pursuant to the authority above recited, has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given, this the day and year first above written. rIVER BLIFTFS• • �= :. STATE OF Nwji) Ca -roll n a COUNTY OF Nto thno e p, I certify that the following person personally appeared before me this day, acknowledging to me that she signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: burro Ws (�. 5r+•ir,4-% Date: q 2 2015'atvttn ture of Notary Public Lauren V Eaoor) Notary's printed or typed name My commission expires: Zoi q Notary seal or stamp must appear within tbis box. 060977-ON04ND: 4841-9044-9447, Y. 1 RECEIVED JUL 0 g 2021 DCM-MHD CITY :RECEIVED MAY 0 3 207 DCM WILMINGTON, NC Book 5915 Page 2138 GOUNIY N TAMMASLEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds r 216 NORTH SECOND STREET • WILMINGTION, NORTH CAROLINA 28401 t l Telephone 910-798-4530 • Fax 910-798-7751 000,,,,n,,,, s. •llffffl Hff11 H1HfH1N11111H11HHfaf fffHlf flHfafaflftfflfHH11t1f11111f 1111Nb1faNMfllffif11111R• State of North Carolina, County of NEW HANOVER Filed For Registration: 09/02/2015 03:42:54 PM Book: RB 5915 Page: 2135-2138 4 PIGS $26.00 Real Property $26.00 Recorder: ANDREA CRESWELL RECEIVED Document No: 2015026983 JUL 08 2021 DCM-MHD CITY aaffaafffaffaaaf faaaf faf aaaaaatlf♦aaaaaaaaafaaffaaaaaaaaafa••aftfaaaaf aaafaaaaaftafaaa••leaf afaaf •faaaaaaaaa DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and aub it when re-recording. RECEIVED MAY 0 3 ?091 DCM STATE OF NORTH CAROLINA Tax ID No. Tract 1: R06212-002-0, 7-001 Tract 2: R06309-00210-002 COUNTY OF NEW HANOVER QUITCLAIM DEED g THIS QUITCLAIM DEED, made this O day of ki 1 2021, by ROBERT A. FLEURY, unmarried, of 2601 SHANDY LANE, WILMINGTON, NC 28409, GRANTOR, to JOHN S. SIIELTON and wife, MARGARET CHASE HARRIS SHELTON, of 104 MARTINGALE LANE, WILMINGTON, NC 28409, GRANTEE; WITNESSETH: THAT WHEREAS, the Grantor executed and delivered to Grantee that certain deed dated March 20, 2020 and recorded on March 20, 2020 in Book 6295, Page 863 in the New Hanover County Public Registry (the "Deed"); and WHEREAS, the Deed contained an error in the legal description whereby Tract 2 as described in the Exhibit A was not yet titled in the name of Grantor; WHEREAS, Grantor herein acquired title to said Tract 2 in Deed Book 6295, Page 963 in the New Hanover County Registry. WHEREAS, said Grantee has requested said Grantor to correct the above -described error in order to reflect the original intent of the parties and to properly convey title to the property to Grantee and said Grantor has agreed to do so; NOW, THEREFORE, in consideration of the premises and the mutual covenants herein, and for the purpose of correcting the above -described error, the Grantor has and by these presents does hereby grant, bargain, sell and convey unto the Grantee, Grantee's heirs, successors and assigns, in fee simple, all that certain lot or parcel of land situated in New Hanover County, North Carolina, and more particularly described as follows: RECEIVED 1 JUL 0 8 2021 DCM-MHD CITY RECEIVED MAY 0 3 2021 DCM WILMINGTON, NC SEE EXHIBIT A TO HAVE thereto belonging t0 dND TO HOLD said lot or parcel of land and all privileges and appurtenances Grantee in fee simple. This corrective deed is given to validate and ratify the earlier conveyance from the Grantor herein to the Grantee herein, recorded in Book 629s, Page 863, New Hanover County Registry, and is being signed by all Grantors therein, and correct the lot number of the lot conveyed. 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 Grantors and Grantee have hereunto set their hands and seals as of the day and year first above written. _ (SEAL) ROBERT A. FLF.URY STATE OF tw lk CQ nbN t tie COUNTY OF 01W I, u T P.kzie k-kS-e.— a Notary Public of the County and State aforesaid, do hereby certify that ROBERT A. FLEURY personally carte before me this day and acknowledged the execution of the foregoing instr unent. n Witness my hand and official seal, this 3b da of t1__ Of 12021. -- NOTARY PUBLIC ay�,rat,oda�niser (Notarial Seal) NotaryP�bik My Commission Expires: NerrHana+ercou�y,NC ?- Z 2 Z a 2 3 nay Commission Exp res fehruary 22, 2023 RECEIVED JUL 0 8 2021 DCM-MHD CITY RECEIVED MAY 0 3 2021 DCM WILMINGTON, NC Beginning at a point In the Southern line of the former W, H. Sprunt treat and now the Northern line of the now or forma► Alex Sprunt tract, sold point located from a concrete monument at the Intorsoctlon of the Southarn tine of PIP .Fish Lane with the Eeatarn line -of Shandy Avenue as shown by maps recorded to book NNN at page 780 and Map Book a at Pass sg the followine aoursear South 23 dagreas 50 minutes West E4t.48 feet with the EMOT111 lino 01 Shandy Avenue and South 61 degrees 02 minutes East 80.0 feet with the eguthorn line of W. H. Sprunt tract, said Point of Beginning felling within an old oak tree, running thence from sold Point of Beginning, North 23 dagreas 50 minutes East 64.99 feet to a point, thanco South 06 dogroos 10 minutes East 30.32 lost to a point; thence, North 23 degrees 60 minutes East 36.40 feel to a paint; thence south e7 degrees 46 minutes East 160.24 foot to a point; thence North 72 degrees 46 minutes 40 seconds East 86-82 fast to a point In the Western line of s 60.0 root roadway and utility easement recorded in 8uok 904 at Page 61, of the New Hanover County Registry; thence with the Western tine of said roadway easement as It curves to the South to a point that boars South 16 degrees 11 minutos 22 seconds East 29.55 feat chord distance from the preceding point; thence South 58 dagrosa 04 minutes West 185.43 feet to a point in the Sauihurn llno of the W. N. Sprunt tract; thence with said line. North 61 degrees 02 minutes West 160.13 teat to the Point of Beginning, contained 23,604 squero foot and being a portion of Lot 24 and Lot 21 of Shandy Point. Subject to a driveway eesoment end being mole panlcuierty describad as follows: Beginning at a point in the Western lino of o 60,0 foot roadway and utility easome,n recorded In Book 904 at Page 61 of the New Hanover County Registry, cold point also being the Southeast corner of Let 21. Shandy Point and being located from a concrete monument at the Intersection of the Southern One of PIg Flsh Lane with the Eastern line of Sitnndy Avenue as shown by maps recorded in Book NNN at page. 760 and Map Book 6 at Page 6B the following coursos and distances: South 23 dcureco 50 minutes Wost 010.0 foot with the Eostorn lino of Shandy Avonuo; south 66 degrees 10 minutsll Bast 110.0 loot with the Southern lino of lot 22, Shandy point, South 66 dagreas 10 minutes E;ST 30.0 feet; South 36 dogmas 44 minutes East e1.46 toot: south 63 degrees 54 minutes East 126.25 foot; South 22 degrees 03 minutes West 34.96 foot; 6outh 13 degrees 23 minutes 38 rom sold Paint of Beginning with the Western line of said seconds Wost 17.09 (oat; running thence f roadway and utj)jty oasaitlont a5 It GUN03 t0 the South to a point that bears South 04 degrees 42 minutes 56 seconds East 10.24 feet chord distanco from the preceding point; thence South 72 degrees 46 minutes 40 seconds West 87.19 feet to a point; lhenco,north . degrees minutes East 100 West 124.5E foot to a point; thence North 22 dagreas 15 minutes feat to a p point; thence South 67 degrees 46 minutes East t21.0 fuel to o point; thence North 72 degrees 46 minutes 40 and egress into6Lots foot Z1 rendto the 24 o�Int Of Shandy Piointr, which sold 10.0 ootg slid being a 10.0 owidodaosamont shaa bae easernant for gress their successors and jointly malncolrlod by the owners of said Lots 21 an f Shandy Point, assigns. RECEIVED I;ECEIVEp JUL 0 8 Z021 MAY 0 3 202 i DCM-MHD CITY DCM WILMINGTON, NC EXHIBIT "A" continued... TRACT 2: BEGINNING AT A POINT IN A SOUTHERN LINE OF THE 60 FOOT ROADWAY AND UTILITY EASEMENT AS RECORDED IN BOOK 1904, PAGE 91 IN THE NEW HANOVER COUNTY REGISTRY, SAID POINT BEING LOCATED FROM A CONCRETE MONUMENT AT THE INTERSECTION OF THE EASTERN LINE OF SHANDY AVENUE WITH THE SOUTHERN LINE OF PIGFISH LANEAS SHOWN BY MAP OF RE -DIVISION OF LOTS OF PIGFISH LANE RECORDED IN MAP BOOK 6, PAGE 58, BY ANY MAP OF THE SHANDY HALL TRACT RECORDED IN BOOK NNN, PAGE 780, IN THE NEW HANOVER COUNTY REGISTRY, BY THE FOLLOWING COURSES: WITH THE EASTERN LINE OF SHANDY AVENUE SOUTH 23 DEGREES 50 MINUTES WEST 370.04 FEET, WITH A SOUTHERN LINE OF SAID 60 FOOT ROADWAY AND UTILITY EASEMENT, SOUTH 69 DEGREES 05 MINUTES EAST 223.98 FEET, SOUTH 78 DEGREES 26 MINUTES EAST 124.02 FEET, AND SOUTH 69 DEGREES 05 MINUTES EAST 120.0 FEET, WITH A WESTERN LINE OF SAID EASEMENT SOUTH 20 DEGREES 55 MINUTES WEST 140.0 FEET, CROSSING SAID EASEMENT SOUTH 67 DEGREES 57 MINUTES EAST 60.0 FEET, WITH AN EASTERN LINE OF SAID EASEMENT NORTH 38 DEGREES 02 MINUTES EAST 129.41 FEETTO A POINT, AND WITH ASOUTHERN LINE OF SAID EASEMENT SOUTH 55 DEGREES 19 MINUTES EAST 38.0 FEET; RUNNING THENCE FROM SAID BEGINNING WITH SAID SOUTHERN LINE SOUTH 55 DEGREES 19 MINUTES EAST 40.0 FEET TO A POINT, THENCE SOUTH 34 DEGREES 41 MINUTES WEST 25.0 FEET TO THE LOW WATER LINE OF A DREDGED BASIN, THENCE WITH SAID LOW WATER LINE NORTH 61 DEGREES 12 MINUTES WEST 29.41 FEET TO A POINT, THENCE NORTH 13 DEGREES 41 MINUTES EAST 30.0 FEET TO THE POINT OF BEGINNING. RRCEIVED JUL 08 2021 DCM-MND Cir, RECEIVED MAY 0 3 202; DCM WILMINGTON, NC Permit Class Permit Number NEW 1t-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for ]� Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Shandy Point Landowners c/o Burrows Smith, 131 Skystasail Drive, Wilmineton, NC 28409 Authorizing development in New Hanover County adj. to AIWW, at Shandy Point boat basin, itf__ Wilmington as requested in the permittee's application dated 11/19/11 including attached workplan drawings (6) 1-6 of 6 dated 10/l/I8. This permit, issued on March 6, 2019 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to tines, imprisonment or civil action; or may cause the permit to be null and void. Excavation & $pod VAPosal 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling sktall be permitted between April I and September 30 of any year without,the. prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) The area of excavation shall not exceed the area depicted on the attached workplan drawings. 3) Excavation shall not exceed -6 feet below the normal low water level in the basin and -10 feet below normal water level in the access channel, all as depicted in the attached workplan drawings. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permiltee 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, 2022 In issuing this permit, the Stato 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 Chairman of the Coastal Resources Commission. rtgr2 Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby acPE6EIVED MAY 0 3 2V r%AAANIbMf #&-f04e DCM-MHD CITY Shandy Point Landowners c/o Burrows Smith Permit No. 12-19 Page 2 of J ADDITIONAL CONDITIONS 5) No excavation or filling of any vegetated wetlands is authorized by this permit. 6) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 7) All excavated materials shall be confined above normal high water level 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. 8) No spoil material shall be placed within 30 feet of the normal high water line. 9) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. 10) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. t i) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with Tt5A:07rI.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted.structure. 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Ouidelines, and strictly adhere to all requirements therein. The guidelines can be found at littp://www.fws.gov/ne- REC17 eslmammal/manatee guidelines.pdf. Oyster kelocation . JUL 0 8 2 i' ��..,i i 13) To reduce direct impacts to oyster resources, the permittee shall, in consultation withDClvl,'#e OFate all oysters falling within the dredge footprint to an area immediately adjacent to the project area in similar water depths and sediment type. Maintenance mouse 14) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any future maintenance work, as 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 (u1, the area to be used for spoil disposal, and the estimated amount of material to e r $�d. The location, design and holding capacity of the spoil disposal site §hall be approved bY a re,,presentative of the Division prior to the initiation of any maintenance dredging activities. MAY v 3 1021 D. The date of map revision and the permittee's signature shown anew on the original plan. DCM WILMINGTON, NC Shandy Point Landowners c/o Burrows Smith Permit No,12-19 Page 3of3 ADDITIONAL CONDITIONS Genera 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) 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. 17) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not he entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. NOTE: An Erosion and Sedimentation Control Plan may be required for this project based upon the spoil disposal site. This plan must he filed at least thirty (30) days prior to the beginning of'Vy land disturbing activity. Submit this plan to the Department of Energy, Mineral, and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 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 level. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. At -my Corps of Engineers authorized the proposed project via Action ID No. SAW- 2018-01450, which was issued 2/15/19. NOTE: The N.C. Division of Water Resources authorized the proposed project via GC 4144 and assigned DWR Project No. 1JWR-2018-1659v1, which was issued 2/11/t9 and received by DCM 2/19/19. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. JUL 08 2021 DCM-MHD CITY RECEIVED MAY 0 3 2021 DCM WILMINGTON, NC. LAMA / - DREDGE & FILL NV 6D.347 A Il nPNERAL PERMIT Previous permit # flew lModfication _ Complete Reissue Partial Reissue Date previous permit issued med by the State of North Carolina, Department of Environment and Natural Resources ,/" zw oastal Resources Commitsim in an area of emeironmental concern pursuant to 15A NCAC `' r amd ed. //A � Name krY" S C7 • 501il1 111 Project Location: County 5 Address/ State Road/ Lot # s s tut, SMSAK, zip Mail b11_ 1vr�1r subdivision �11�+7t�cr !h% ed Agent. t ! 0+7 r sv �t ew pEW Iw B s>� ❑ PTS Phone # () -51 giver Basin _[ G OEA ❑ HHF C III URA O WA Adj. Mr. Body sln _( � PWS: Closest Mai. Wtr. Body J l Yes �; no, PNA 1 // no ` — ' Project/ Activity d< Wngffi T ogkh --- - ---- mber — -- dt aPr+P WrVd1-t g distance offsho ax distance offs m harei _ ibic yards mp LAW no — not sUre __._- _._T— __-_'T"_._-_ t xivn: nla Y� � i _ . ew (s A-HD. T _ IMF . lvEn_ Yes Gq_ , PssSched: �y�nj' no ----. ---- _.._._.__-.pr,p,FWLL-M4N:x+OiJ.iLr� ling *m+it may be required br: _/ H eo a Local Planning jurisdiction) , - J see we on back regarding River Basin ' AMA j DREDGE & FILL Y N,' 62 afwNERAL PERMIT Previous permit # '}Jew —Modification Complete Reissue Partial Reissue Date previous permit issued ized by the State of North Carolina, Department of Environment and Natural Resources ;oastal Resources Commission in an area of environmental concern pursuant to 15A NCAC Aloe -a, //� Z +. t Name/��•✓' ke / / / _ Project Location: County �iTlLs v9� '01f; s. r'r Street Address/ State Road/ Lot #(s)__�G'�� 1. �!•tf= �g}�;h state AL ZIA (�L_) •'�e" '%�`lt! Fax#(_ } ---- - zee Agent d Cw EW ; PTA .ES PTS ❑OEA - HHF I - USA KA /WS: _ PC yes / 4 PNA yes i no Crit.Hab. yes 1 no st Pm4ectii Activity —� f,kv .Y %D4 f - ad/ Rippap length _. ,g distance offshore tax distance offshore :hand ,bic yards mp __., a xi Lengtfi -- no' sole Subdivision.__�...�i,'/�► Phone # (_) Rlvw Basin Tom, Adj. Wtr. Body fY �_ Closest Maj. Wtr. Body ___FA(4 P. not sure yes no rium. V2 yes no _.___ ye no --_ A mg peltnit may required byAIM�`j _ d-M O/ rf{d 7e f J l f _ See note on back regarding ���� m . /. - A Tl ! —! hra ..� .. l DCM WILMIN Vt Pi s Major Permit Fee Schedule Project Name: `�� tom County: tl Pw dG,vuW opt/ Check No & Amount: 4a2-0a A age Development Type Fee DCM % DWQ % (14300160143510009316256263) (2430016024351000952341) I. Private, non-commercial devqror that does not involve the fill$250 100%($250) 0%($0) excavation of any wetlan open water areas: Il. Public or commercial development th t does not involve the filling or excavation $40 100% ($400) 0% (30) 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) OS/,iSO) No. 4175 can be applied. III(C)- If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic Ide: III(D), If General Water Quality $q00 60% ($240) 40% ($160) Certification No. 4175 cannot be applied IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DECEIVED JUL 08 2o21 DCM-MI-ID CITY p�. Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 7/1/2021 Davey Resource Burrows Smith, United 2202 $250.00 major fee, 122, 124, 126 Skystasail BH rat. Group, Inc. Williams Kelley, Bank Dr, Wilmington NHCo NO split 14105 Brandon Parrow r M = o n aq 'n 0 < 0M 1 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: n Fee:$ 40 ft2u CDAITS MHC cc Applicant: 5 It I- t61 � 4�� AgenttContraclor O Project Site County: v�al� Staff: vh L District: Wilmington Project Name: Rover File: nya River Basin: Initial date of application submittal: 21 Date application "received as complete" in the Field office: Z ` it Permit Authorization: ❑ CAMA Dredge & Fill Both SITE DESCRIPTIOWPERMIT INFORMATION ORW: E3Yes NNO PNA: es ❑No Photos Taken: Yes S N6M Setback Required (riparian): Mes LJNo Critical Habitat: ❑Yes ❑No tSNot Sure 15 foot waiver obtained: Wes ❑No Hazard Notification Returned: ❑Yes MNo SAV: ❑Yes JJNo ❑Not Sure Shell Bottom: ❑Yes ❑No Not Temporary Impacts: Yes ❑No Sure Sandbags: DYes o ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: Wes ❑No ❑Yes [�No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: �Z , 30f ❑Yes ❑No DNA ❑Yes ❑No 51TIA E22 t ZH = r Z f Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- (� �p (�) © 7; SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Selicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina ahemiflora) cynosuroides) _ ❑ (DS) Salt or spike grass (Distichlis D (SC) Bulrush or three square (Scirpus D CM Cattail (rypha sp.) spicata) sp.) (JR) Black needlerush (Juncos ❑ (SP) Salt/mesdow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 RECEIVED I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement-$400 JUL 08 2021 DCM-MHD CITY Applicant Tv&4o-crot1ki Date: Z 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 One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 TIS I New Work Maint ❑ Replace ❑ Y $I N New Work QU Maint❑ Replace ❑Y 19N New Work 19 Maint ❑ Replace ❑ Y P N O C J t WorQKF Mai ❑ -Replace ❑YVIN �{ ✓ I New Work Maint ❑ Replace ❑ Y (3N 2� '1 New Work Maint❑ Replace ❑Y N Maint ❑* ElYa'�'N /1 -1,5 1, Lk New Work Maint ❑ Replace ❑ Y 1$ N Q 1 l Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount OLki Dredge ❑ Fill ❑ Both ❑ Other ,&, Dredge ❑ Fill ❑ Both ❑ Other W Dredge V Fill ❑ Both ❑ Other ❑ 'ti3 �'/3� Dredge El Fill Both ❑ Other ❑ ''� t/ "'-�pP/� /-lp+s Dredge ❑ Fill ❑ Both ❑ Other ❑ - Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ J JUL 08 2021 DCM-MHD CITY 919-733-2293:: 1.888.4RCOAST:: www.ncceastalmanaaement.net revised: 02126i18 DCM Coordinator: Gregg Bodnar County: N' i- Circle o e: Bio Repo Permit for: Oversize Plans sent: ;�_Lk Permit M " WIRO E-MAIL DISTRIBUTION SHEET wvws *414�► , w11awe ke 13yotA DCM Offices: _ \ Morehead City: PT (if oversize) via Courier .cc 'cc Gregg & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet •MHC documents (Gregg & Amanda) _ Wilmington: Original hard -copy _L_ ONLY USACE & DWR (vim): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: er & Carteret Co): PN, CL, Reports, Split Sheet --- use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet t'greg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: Violley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ —401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: ✓Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_ Marine Fisheries: 4im Harding _ DCM PlannedWiRO: vMike Christenbury Cultural Resources: vXenee Gledhill -Earley Environmental. Reviewd)ncdenroov Natural Heritage Prog. �Aodney Butler_ DCA-Rural Eco. Dev: �Kark Ziegler _ NC DOT: .,David Harris _ Wildlife Resources: ✓Maria Dunn w/Reports State Property Office: ;im Walton: DEED _ ✓Mike Moser ,1Aanda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: �er� my Humphrey (Bio) / _ �iGa,on Gupton, Admin. DEMLR: ✓Chr' tine Hall - Stormwater Section _ 44n Sams - Land Quality Section Public Water Supply: . fleidi Cox _ City of Wilmington: ryiC3tfi T ri nn •J' �tc Enforcement: J/ Field Rep: Co. LPO J Om"'Aivv., 3�nF�a ►� Agent: DISTRIBUTED: Updated SI 21 RECEIVED JUL 0 8 NZ, DCM-MHD CITY CAMNShaun majors docsre Agency List /14TMII D CISY NC PAOfSSSKWAL LR/O llArvCrCM AM [�.��. [ IDNA D c Cr TT iN4 PLAT r MES NOi CREATf A pi A SYN EY W A S AM IAN'V{i101 OF LAM MTfdV TNC <RFA CF A MIM.MAL/TY TTIgT N6T AN � ORLWANCF TMI1i R£6Y-A1ES PARCEiS Q� LA/O A/C UES MTfr9Y iME 511'DINdI:.W AAf6P^CTNN.••••.... OF KW rYNOIEA f.'dMTY. NC. N <CCM < `SNfRWUI0. � OMIB Nc. PRq-ru/cwgL L,vo arwvErw N. Lyq/v 1 �I 1 h �U 1NE PRf'M , SWiVEYEO 1E I.. W/1NM A FL0. IYZARO ARCA ACCOr(SNO TO THE rl0 MS VRANCE /YT!' MYP IDR IEW N<NOVER C01NTY. onNrwiTT ann Nn �)orss oose_c Aev. o'aiovss� � NEW HNgVER COLN,Y NDRTH G''I''ROL//W fPP RFD/E TMS iN�.DAY D� SOOL Ai IIII/PM /f 'iL RCOdID®N NA�PL � AT PAGE/��.1 �CRt�. T u�J�IT RFBfCf! T C/YMSTLN - REWSTER CF DEEDS GD m 9 LAMV — - O OvO oww®oem s,aai�v $ LCVENp: PROP(1rTY (1K — FNTERLNE E OH .OLD RroN MPE =DIR .OLD MON RW DREfO MPARNN LMIE ©Fx/STINO PX.E f 1TM0 ececTmc Pc'o. - rn. a L. 4q � V S.oa'OD 1¢T+ EE.a 1-O' 1 1 MOLDING 1 �/RNF P 4 yo E a 1 1 � 1 111 \ l\ 41 �Yll.Lbe-w sue• ' RECEIVED JUL 08 202' DCM-MHD CIT a / MAP OP SURVEY OF - LOT /4. 15. 16 8 /7 DOCK AREAS and RIPARIAN LINES at SHANDY POINT OREENV/LLE SOUND C,TY CF WiLMWCTON NE/Y MAhVVCR COVNTY rvJRTM CARDLAi SGLEF"./O" CCTMER p1. MOY � __ dML LA A 11 NQ MO•£1SIgYiI LAND SURVEYpi Hp L� WEAWBIW. µC YII/Y nrol TuoaAo -/�- Rom _ 6jw -.�OJ &&U— 7W_-. tD _-_- OWc_ a 44 Wt yy��. 5. Y yyggg��P'r 5 ".�n'' t _ 1 ' , 4 S ` ♦ Y. j S ! t- g .Tlhil.Ryp3 �,i i� p+uoil Disposal r a RECEIVED JUL 08 2021 DCM-MHD CITY �L.l7' Floatids IL Lc Legend NOTES: Subject Parcels — --- --- --- E)dsfing Bulkhead 1. 2018 TAX PARCELS FROM NHC GIS. Tax Parcels — 76 AEC 2. 2016 AERIAL FROM NCONEMAP. pr*a: De. 11 Riparian Corridor --------- 3. NOT A SURVEYED OR ENGINEERED DRAWING. Skyatasell DOOM 3/2/21 DC 2021 15'Setbaok 4. FOR ENVIRONMENTAL PERMITTING ONLY. 4LMG Existing Docking Facilities— 5. RIPARIAN CORRIDOR AND 16 SETBACKS FROM DEED BOOK 3636 PAGE 65. [ANDNIAwwwrmoup LMG20.4TF 30'CAMA Buffer I OMN4 � ExisIng DOck Normal High Water in 7n 40 �ftDh�WA�.%"Its I ShW Wn� WhingM. N.M Owd. Detai WAn T� aa RECEIVED JUL 08 2021 DCM-MHD CITY /22'x eplacement 12.5' x 12.5' Platf rm Proposed Replacement 14.5' x 12' Platform with 4.5' 4.5' Ramp Tak off with 4.5' x 4.5' Ramp Takeoff Profile',4 8' Floating Boatlift to Rem�in ' Floating Boatlift to Rem i ♦ , , Proposed 82' x 6' Floating Dock 1 f / //A 2 Pilings (to be removed as needed) 5 Proposed 3' x 21' Floating Finger Pier o O a Proposed Tx 30' Floating Finger Pier Proposed 3' x 40' Floating Finger Pier C Proposed Mooring Pilings -3' -51 1 -6' -5' -4' Legend NOTES: Subject Parcels -- -- --- Existing Bulkhead (to be removed) 1. 2018 TAX PARCELS FROM NHC GIS. 2016 AERIAL FROM NCONEMAP. Tax Parcels Proposed Bulkhead _ _ _ _ 2. LENGTH OF SHORELINE AT NHW IS APPROXIMATELY 87 FEET. Riparian Conidor Proposed Platforms / Docking Facilities -- 3. NOT A SURVEYED OR ENGINEERED DRAWING. 15' Setback 75' AEC _ _ _ _ _ 4. FOR ENVIRONMENTAL PERMITTING ONLY. Existing Docking Facilities 5. BASIN WATER DEPTHS PROVIDED BY APPLICANT, TAKEN IN JULY 2018 30' CAMA Buffer ---------------- RELATIVE TO NLW NAVD88. Normal Hiah Water - - - - - 4 1n 2n 4D -14.5' x 12' Platform (174 sq ft) with 4' x/8' Ramp T -91' Replacement RECEIVED \ � O � MAY 2 7 2�21 -3' -21 Y GGM WILMINGTON, � LM G Bkysmsa i Docks � Job N.5m�,l2D2, rANDMANAC.WAMO.RDUV 1--2P LMG20.477 rps 3005 ftiRMrvl�A., S7j'S PlDposeD Dock Dlawn B Sliest Numper MMinptan^ . N Qa,a, Detail Y WAO 3D(4 JUL 08 20 i DCM-MHD q7 .� .10c.-O"lot 16 _ ; -21 -31 -4r A i -- L egend Subject Parcels ------- Tax Parcels ._. Riparian Corridor--------- 15' Setback Existing Docking Facilities 31Y CAMA Buffer --------- Normal High Water — - - — NOTES: Existing Bulkhead (to be removed) 1. 2018 TAX PARCELS FROM NHC GIS. 2016 AERIAL FROM NCONEMAP. Proposed Bulkhead — 2. LENGTH OF SHORELINE AT NHW IS APPROXIMATELY 87 FEET. Proposed Platforms / Docking Facilities 3. NOT A SURVEYED OR ENGINEERED DRAWING. 75' AEC _ 4. FOR ENVIRONMENTAL PERMITTING ONLY. 5. BASIN WATER DEPTHS PROVIDED BY APPLICANT, TAKEN IN JULY 2018 RELATIVE TO NLW NAVD88. lLMG Sky0..fl DW3 LAND MANAC.i.MI.NT GFIIOY rue: ,3„M ftA WWA--,su°a 'M PrIWADeUY -51 3=1 As Noted WAD LMG20.477 mba 4 ofl JUL 0 8 DCM-MHD