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HomeMy WebLinkAbout44-21 Wall, DanPermit Class NEW Permit Number 44-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V r r m it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Dan Wall, 3708 Williamsborough Ct., Raleigh, NC 27609 Authorizing development in New Hanover County at adj. to Banks Channel. at 7 Sounds Point Rd., in Figure 8 Island as requested in the permittee's application dated 10/21/20, including attached workplan drawings (2), dated 10/21/20. This permit, issued on April 13, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockine Facility Replacement 1) This permit authorizes only docks, piers, platforms, floating platforms, boatlifts, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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. 41/1 For Bruton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Dan Wall Permit No. 44-21 Page 2 of 2 ADDITIONAL CONDITIONS 3) This permit authorizes a maximum of 4 formalized boat slips. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 6) 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. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's riparian access corridor. General 8) 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. 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 10) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1976. 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. Dom NFLI APPLICATION for Major Development Permit Gast revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT App/icandLandownerinformadon Name rApplimm2: Project Name (if applicable) 1: First Neme e First Name MI Last Name If addltlonal applicants, please attach an addttional page(s) with names listed. Meiling Address � 8 GfI�i�Rda�iS�Ov'dU PO Box City State ZIP Country Phone No. / Cif9-/G5�-o3�3exL FAX No. - - Street Address (if different from above) City State ZIP Email 2: .AgentlCon tractor information Business Name Con ctor 1: First Nam MI Last Name tAgent/ Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box �/Z �1 Clhl �/Nf/dp State ZIP _ �� Phone No. 1 Phone No. 2 O'er/ /v-Y71-.?,0 ext. ext. FAX No. Contractor # 7�919 Street Addrass(ifdif/erentfromabom)' Clty State ZIP Email RECEIVED rr <Fonn continues on back> NOV 10 2020 DCM WILMINGTON, NC 252-008-2808 .. 1-608.4nCCAU7' wtn .c..-�a caa sfal �anaca;.aent.:;at Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 31;, Project Location . County. (can be mul'ple) StreetAddress State Rd. k �v ,veer 1 '7 S'AV) 0 1o/Itf Subdivision N,atm/e- Cityy State/ Zip /l. I r Phong No. Lot No.(s) (lfmany, attach additional page with list) am. , a. In which NF river basin is the project located? b. Name of body of wateerr+nearest to proppooes project ram• C.� dQ c. Is the water body Identified in (b) above, natural or manmade? ❑Manmade [:]Unknown,�/„e d. Na the closest major ter body to the proposad project site. bdNatuml /Is . �4d ,,✓�.r�.e°.✓ � e. proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed as ❑No work falls v'thi `5� / e 4. , Site . Description .... .. :, a. Total length ofon the tract (ft.) / b. Size of entire tract (s//q,.1t)) /ooff�shoreline LTA . ;e fr :�_ ♦w4 e c. Size of individual lot(s) d. Approximate elevation of tract above NHW (name) high water) or (If many lot sizes, please attach additional page with a list) NWL (normal weterlevel) -B!, / XNHW or ❑NWL e. Vegetationontract ,� [J ZZ10 n..%� a Pm•°� )Iael CA/�'�r v/ G Q S) U 4A vie4. i f. Man-made features and uses now on tract t Aair g. Identify and descdbe the existing land uses ad'acen to the proposed project site. fT 1 Jw e h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? i�� (A ch zoning compliance certificate, if applicable) as []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ,*a ❑NA if yes• by wham? I. Is the proposed project located in a National Registered Historic District or does It involve a ❑Yes o ❑NA National Register listed or eligible properly? RECEIVED <Fonn continues on next page> NOV 10 2020 DCM WILMINGTON, NC 252-ae8.2808 :-. 9-888-4RC©AST :: wFrtv.nccoasialnianagemen H.nr,4 Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ❑Yes No (it) Are there coastal wetlands on the site? ❑Yes 00 (Ili) If yes to either (1) or (r7 above, has a delineation been conducted? (Attach documentation, if available) Oyes []No n. Describe existing wastewater treatment faralities. o. Describe existing drinking water supply source. 11 " � r Gf�! pc systeSmsG.aes� rm wa r ma/n�agemenLt✓or2treatment 5. ctvites andImpactsA a. Will the project be for commerpal public, or private use? ❑Commero(al,_ ❑PubliclGovemmenl riva e/ 6. Glve a brief description of purpose, use, and daily operations of the project when complete. mmunity ct c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each Type of equipment and where9 it is to be stored. 4`f 'i� � �Ji� 1(/i�� 6 /e ij? l._. VGCa✓'� � J � � r+^. %LrE � �`PA. /�t.,� ✓r�.f/r d. List all development activities you propose. G+ a �ree- �-�- ✓r�tF-�S �l®G� e. Are the proposed activities maintenance of an existing project, new work, or both? ,/ /fF L' f. What is tha approximate total disturbed land area resulting from the proposed pro)ect7 �_— - ❑Sq.Ft or❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes that the public has established use of? o ❑NA h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stonnwater be discharged into a wellandT ❑Yas o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ❑NA j. Is there any mitigation proposed? ❑Yes If yes, attach a mitigation proposal. o ❑NA RECEIVED) <Form continues on back . NOV 10 202g ')CM WILMINGTON, NC 252-00 -zaoo .. 1-o$c-4;!Q0AS; y-„w•ra.ncc cos taimanage men@.ret Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addit/onallnfoyma6on In addrlion to this cnmple(ed appPX&bon fwm,.(MP-f) the followirrg itemsbelow,-ifopphi:able, mastbe =6imh(edin orderfor.'the.spplydafiort - package to be complete.. Items (a) - (t)are always applicable to any major development application:Please consult the application Instruction booklet on how to property prepare the required items below.'. a. A project narrative. b. An accurate, dated work plat Concluding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 v(.}0. . ; ` Phone No Address_—rA C r F' �'� 74 �tSr♦ �' dLLri9/'pl �JPGk�' r7r7d67 l!• Name ' Phone No. Address Name-- ..;1:'r..,�p Phone No -,- Address S'Ol.(%l1G� 'PtJC/i! � ' -dLJL eyw. li /r g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and Issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project Involves expendEr of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 tothebest of my knowledge. Date 47- o Print Name /72�j�t /l�il l;ye Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill information ❑DCM MP-5 Bridges and Culverts ,.,�DrCM MP-3 Upland Development RECEIVED y(3DCM MP-4 Structures Information l � NOV 10 2020 DCM WILMINGTON, NC 252-a 0a•28nst ,. 1-888-4RCOAST .. www.nccoastalmaoagement. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY1MARINA CHARACTERISTICS I a. () Is the docking facility/madna: ❑Commercial ❑PubadGovemment' ❑Pdvate/Community c. (1) Dock(s) and/or piers) (II) Number (III) Length A IN) Width (v) Floating ❑Yes KNo e. (1) Are Platforms included? ❑Yes ❑No If yes: L (iii Number _ 1'1. (III)Length �„ Pj Xr5"O /��04ir/k9 (iv) Width _ (v) Floating []Yes ❑No Note: Roofed areas are calculated from drlpline dimensions. g. (I) Number of slips proposed (i) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel P.Open water, dredging for basin and/or,channel 9Open water, no dredging required Other, please describe: k. Typical boat length: m. (I) Will the facility have tie pilings? ❑Yes to 0 (i) If yes number of tie pilings? []This section not applicable b. () Will the facility be open to the general public? ❑Yes 40 it. () Are Finger Piers included? ❑Yes yuNo If yes: G (i) Number Qi) Length (Iv) Width (v) Floating ❑Yes []No E () Are Boatlifts included? XYes ❑No If yes: ii Number I? — (III) Length � 3 (iv) Width h. Check all the types of services to be provided. ❑ Fug service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marina supplies ❑ Dockage (vet slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please de tribe: , --7,51140e pier j. Describe the typical boats to be served ((g., open runabout charter boats, sail boats, mixed types). I. () Will the fee ' be open to the general public? ❑Yes e RECEIVED NOV 10 2020 DCM WILMINGTON, NC Z52-30.^^.-Z306 :: 'i-fsa$-G:frir„t3AS7 :: v+t 1w.nCaca�R ;irna::�s� cun¢nk.r.¢: rzv�a�: 4J2•F/vt; Pp= € IP-4 (Structures, Ph9c, 2 o 4) 2. DOCKING FACILITY/MARINAIOPERATIONS -Whis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets 1 1 ❑ Toilets for patrons, Number. _; Location: b. ❑ Showers ❑ Boatholding tank pumpouti Give type and location: I 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 Discharger signs proposed. (11) 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 facllftilk and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and rive -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marine, what types of services are currently provided? RECEIVED NOV 10 2020 m. Is the marinaldocking facility proposed within a primary or secondary nursery area? Dyes ❑No DCM WILMINGTON, 'CC 252-aU6-.^_SUll :: R EF3L+-�xFCC.9aT :: uwwu.'-ncroa [ah>xait. �+rmeni.n�'t v'3v'i5s a: ±2; _'?/riF Fo i!9 D"o'M MP-4 (Structures, Page 3 of 4) n. Is the madne/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetiandshnarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any bones are checked, provide the number of square feet affected. ❑CW ❑SAV OSB _ ❑WL []None p. Is the proposed matlnaldocking facility, located within orwithin close proximity, to any shellfish leases? ❑Yes [:]No If yes, give the name and address of the leaseholder(s), and give the probmity to the lease. 3. BOATHOUSE (including covered lilts) Thls section not applicable a. (I) Is the boathouse stmcture(s): ❑Commercial ❑Public/Govemment ❑Private/CommunRy (ii) Number (III) Length (iv) Width _ Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) . IThis section not applicable a. (q Number l't (II) Length (iii) Width _ 5. BREAKWATER (e.g., wood, sheeWe, etc.) r12{This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maidmum distance beyond NHW. NWL or wetlands 6. MOORING PILINGS and BUOYS is section not applicable a. Isthestructure(s): i ❑Commercial ❑Pub1lGGovemment ❑PdvatelCommunity c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, ff present e. Arc of the swing T. GENERAL b. Number d. Description of buoy (color, inscdption, size, anchor, etc.) RECEIVED NOV 10 2020 DCM WILMINGTON, NC rt 252-808-22IILA:: 1-5863!:64,35'T :: v"tifw_nccoa5:aim.^.tt2R o.ea�3�t.ne4 sevLe,i: •i 21`1.i/c�u i ai efi- DCUI VIF-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Pro dini ty of structure(s) to adjacent docking facilities. Note: For buoy ormoodng piling, use are of swing including length of vessel. c. Width of water body 1-W .�.�. e. () Will navigational aids be required as a result of the project? ❑Yeslo ❑NA (iq If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL . 8. OTHER [-]This section not applicable a. Give complete description: Date / Project Name Applicant Name33,y/,�Ir Applicant Signature RECEIVED NOV 10 2020 DCM WILMINGTON, NC 2w2wn3-"LaCu::9-St1�-4�itiDA:::t+r.'.v.rc �c�sf�3maeaazmanY.s�et �tviss;i'i....tfkl6 7.. s`i�;:>>": j�,.���'; h�lerac.i•ae f5hap of P6cvv Hanover Couni;5 ui: { 1 v ^ 7 Sounds Pt X j LShow search results for 7 Soun... uu 5 µ y ° f! 274! r^ SOtit�11)SBT yy a � sg e 4 :5f' a ar d tk„ L4 Ott, T' u41 17 5 i' p / r NI riOM7 res>r. d DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Dan Wall COUNTY: New Hanover PROJECT NAME: 7 Sounds Point Road LOCATION OF PROJECT: 7 Sounds Point Road, adjacent to Banks Channel, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-30-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: AAh(j B) DATE RECEIVED BY MAJOR PERMITS UNIT: 1110, 20 FEE REC'D: $250 #5670 APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 12-14-20 END OF NOTICE DATE: 1-4-21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 2-13-21 150 DAY DEADLINE: y-Zi- 7a HOLDS: MAIL OUT DATE: 12-10-20 STATE DUE DATE: 14-21 PERMIT FINAL ACTION: ISSUE I� DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO ulvi - riela tcep Z „� Y. -LUPConsistencyDetermination [DCM ocal Permit Officerorps of Engineers - Regulatory Branch DWR-401 Section D WR - Public Water Supply DEMLR- Stormwater DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission �L DMF - Shellfish Section DMF - Habitat & Enhancement-� DNCR-Archives & History DNCR - Natural Heritage Program NCDOT aNC Dept of Commerce A it- Recommendations for State Permit — Dan Wall 121112020 The total area of floating dock and platform was calculated as follows: Shoreline length =140' x 8 sq. ft. =1,120 ft2 allowable Proposed fixed pier = 6' x 5'= 36 ft2 (credit) Proposed uncovered platform =12' x 12' =144 ft2 Proposed floating dock = 50' x 8'= 400 ft2 Proposed boatlifts = 2 (14' x 14' =196 ft2) = 392 ft2 (not counted) Proposed jet -ski platforms = 2 (12' x 5' = 60ft2) =120 ft2 Total = 664 ft2 It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the ''/o width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include standard conditions for piers and docks, NORTH CAROLINA En,u aninenml Owfily December 10, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(aD.N C D EN R. oov SUBJECT: CAMA Applicant: Dan Wall ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ojComial Management Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 4, 2021; If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no abjection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown XG—MCY SIGNATURE BATE Public Water Supply fk)" . &e 12-11-20 State ofNoM Carolina I Environmental Quality I Coastal Managemmt 127 Cardinal Drive Eze, Wilmington, NC 28405 9197967215 RECEIVED DEC 1, 1 1010 MP SECTION DCM - MHD CITY ROY COOPER Governor a MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division of Coastal Environmental Onaliq, Manogement December 10, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557, Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(a)NCDEN R.aov SUBJECT: CAMA Applicant: Dan Wall Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by Januay 4, 2021: If you have any questions regarding the proposed project, contact Katharine Elks at (916) 796-7274 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 AGENCIY NC DMF - Shellfish Sanitation & Recreational Water Quality SIGNATURE l larL219ui_ 9Yu11r.A�Lz¢u_ for Shannon Jenkins RECEIVED DATE 12111/2020 DEC 1 ] 2020 MP SECTION DCM - MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215 ROY COOPER amy or MICHAEL S. REGAN Semeiori BRAXTON DAVIS NCRTH CARC'.INA Director, Dlrialon grCominl billn'.w 1001r(d 12IPtlill, Managemenl December 10, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management. 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert()NCDENR.aov SUBJECT: CAMA Applicant: Dan Wall Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 when appropriate, in-depth comments with supporting data is requested. REPLY: —Z This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only If the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME l �Ii1SnuYder� AGENCY tL) 'ec rt RECEIVED SIGNATURE _Z� DEC 151 1020 MP SECTION DATE 67 d DCM - MHD CITY State of North Ca.'olina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 9197967215 ROY COOPER 011F4 Uinvr,nmMICHAEL S. REGAN Snn•/[fJ l' BRAXTON DAVIS 14mcruq )Ynvranr aj l'nrttal 9hnnrpnuru December 10, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt. weychert(c!l N C D E N R. a ov SUBJECT: CAMA Applicant: Dan Wag Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. ' Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 when appropriate, in-depth comments with supporting data is requested. REPLY:_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. _ This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY NC D ar i (.D MY' W &2 SIGNATURE m � Q,4 DATE tila1.17-0 State of North Carolina I'Favironmmtal Qaality I Coeval Management 127 Cardinal Drive Ex6. Wilmington, NC 28405 919796 7215 RECEIVED ptl: 2 $"1tl10 MP SECTION DCM - MHD CITY «� ROY COOPER yt' Governor MICHAEL S. REGAN 4 &",1.' aar.r+P. BRAXTON DAVIS NORTH CnROI.INA Director, Dlvisim, ofCaasml L:m'ironn,ealdl ovafitp Managamenr December 10, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(a)NCDENR.aov SUBJECT: CAMA Applicant: Dan Waff Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by January 4, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 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 DATE 12/30/2020 RECEIVED DEC 3 0 2020 MP SECTION State of Noah Carolina I Environmental Quality I Coastal Management DCM - MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 ,.� ROY COOPER 'f MICHAEL S. REGAN BRAXTON DAVIS December 10, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(5) NCDENR.gov SUBJECT: CAMA Applicant: Dan Wall Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 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" V// 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 M&, -r n n AGENCY 1A L>.i IZC SIGNATURE RECEIVED DATE DEC 2.1. M0 MP SECTION Sine of North Carolina i Emironmmtal Qmhty i Coastal Mamgment DCM - MHD CITY 127C.dmal Drive EeL,Wilmingt .NC2M5 9197967215 .� .. '• ROY COOPER MICHAEL S. REGAN T'arr..ynr, BRAXTON DAVIS - M1lunegrnrcnt December 10, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(&NCDEN R.00v SUBJECT: CAMA Applicant: Dan Walf Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 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. Two existing slips and two proposed slips making a total of 4 slips. PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE DATE January 6, 2021 State of North Carolina; Environmental Quality Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 Weychert, Curtis R From: Sams, Dan Sent: Friday, January 15, 2021 3:35 PM To: Weychert, Curtis R Cc: Pietila, Tanya K Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton Projects that I haven't responded to: Towana LLC: No comment Dan Wall: No comment P.L. and Frances White: No comment National Gypsum Company: Erosion & Sediment Control application and approval are required for the dredge site if not currently permitted and review under the Stormwater Program requirements. Bill Clark Homes: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Ery Kehaya & Jam Properties, Inc.: Erosion & Sediment Control and Stormwater Program applications and approvals are required. Cameron Ward: No comment Philip Barker: No comment Dale Ardizzone: No comment Darby and Stertzer: No comment Town of Oak Island: Land disturbing activity landward of the first line of stable vegetation and exceeding one acre will require Erosion and Sediment Control application and approval and review under the Stormwater Program requirements. Christie and Roy Hawkins: No comment Ellis Tinsley: No comment Sunset House FBI, LLC: No comment Ruegg family: No comment Rowlett & Norton: No comment Sorry that I keep getting behind. dan.sams From: Pietila, Tanya K Sent: Friday, January 15, 2021 3:05 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; CBouffard@nhcgov.com Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Elks, Katharine B <katharine.elks@ncdenr.gov>; Cannon, Amanda J <Amanda.Ca nnon@ ncdenr.gov> Subject: CAMA Major Application: Kathy Rowlett & Mandy Norton Hello All! Received: 1 /8/2021 Historic Preservation Office ER 21-0055 NORTH CAROLNA Enrlrrtnrenml (uulin December 10, 2020 MEMORANDUM: Due: 1 /14/2021 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cDNCDENR. oov SUBJECT: CAMA Applicant: Dan Wall ROY COOPER Gta.ur MICHAEL S. REGAN Secrelary BRAXTON DAVIS Direclon DAaimrofC'oavml Munagemem NC - SBA 1 / 14/2021 Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 4, 2021. if you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 1 /15/2021 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et, Wilmington, NC 28405 9197967215 RECEIVED JAN 1.4 2021 MP SECTION DCM - MHD CITY DocuSreg Envelope ID: MEIBME-BMD-496F-Ell B2-A894A695Ao6F r ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Dan Wall 3708 Williamsborough Ct Raleigh, NC 27609 NORTH CAROLINA Environmental Quality January 29, 2021 Subject: No Written Approval Required 7 Sounds Point — Wilmington, NC 28411 Dear Mr. Wall: DWR # 2020-1976 New Hanover County RECEIVED FEB 0};301 MP SECTION DCM - MHD CITY The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on December 10, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. 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 get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. 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 maybe obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, Fer/Ex, etc.): D_E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmingtom North Carolina 29405 °,��.i 910.796.7215 DocuSign Envelope ID: 2A3BBA3E-B280-496F-B1B2-A894A695A06A r r 7 Sounds Point —Wilmington, NC 28411 DWR# 20201976 Page 2 of 2 Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Tyler Benson at 910-796-7336 or tvler.bensona-ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by - Et, d Morella Sanc�iez-Ing, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 RECEIVED cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC FEB 0 W. 021 Trip Pippin, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF MP'5ECTION WiRO DCM - MHD CITY 10lDIu W 417 ` 11i To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Dan Wall, New Hanover County Date: March 8, 2021 Consistency Determination: This project is consistent with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to remove the existing docking facility and add a new docking facility for a total of 4 slips. The project is located at 7 Sounds Road, adjacent to Banks Channel and Middle Sound at Figure Eight Island, New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are ES, EW, PT. Waters at the project site are classified as SA-ORW and are open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Developed while the AECs impacted by the work are classified as Conservation. In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the New Hanover County Comprehensive Land Use Plan. Cc: File RECEIVED MAR 0 S 2021 DCM-MHD CITY ` ROY COOPER Governor MICHAEL S. REGAN S crelan .�.r• BRAXTON DAVIS Di oor, Dlvisinn of Coastal Management December 10, 2020 MEMORANDUM: FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, INC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertoNCDEN R. gov SUBJECT CAMA Applicant: Dan Wall Project Location: 7 Sounds Point Rd., adjacent to Banks Channel in Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility and add a new four (4) slip docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by January 4, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7274 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAM AGENCY SIGNATURE DATE State of Nonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave Ext., Wilmington, NC 28405 919 7% 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dan Wall 2. LOCATION OF PROJECT SITE: 7 Sounds Point Road, adjacent to Banks Channel and Middle Sound, on Figure Eight Island, New Hanover County. Latitude: 34014'59.95"N Longitude: 77045'5B,50"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/16/2020 Was Applicant Present — No 5. Q PROCESSING PROCEDURE: Application Received—11/1012020 (initial) 11/30/2020 (complete) Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington -New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW, PT, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — None Planned —NA (F) Type of Structures: Existing — Single-family house, timber bulkhead, private pier, floating dock, and boatlift. Planned — New platform, floating dock, 2 jet -ski platforms, and 2 boatlifts (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] nprnr-Gn CII I cm nT rn Wetlands i���u v I ncrt F(A)egetated on -Vegetated Wetlands 1,032 ftz en water Inco oratedther(Highground) (D) Total Area Disturbed:1,032 ft2 (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to remove the existing docking facility and add a new 4 slip docking facility. Dan Wall Page 2 9. PROJECT DESCRIPTION: The project site is located at 7 Sounds Point Road on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge overthe Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1.8 miles. Turn right onto Little Neck Road after approximately 430' turn left on to Pipers Neck Road. Travel approximately 0.1 miles and turn left onto Sounds Point Road continue until you reach the property which will be located at the end of the cul-de-sac slightly to the left. The property is located on the edge of a small man-made bay and Banks Channel on the southern end of Figure Eight Island. There is an existing two story single-family residence on the lot that is approximately 0.47 acres in size and 3' above normal high water (NHW). Upland vegetation on the property currently consists of lawn grasses and ornamental landscaping. The approximately 140 linear feet of shoreline frontage is currently stabilized by a timber bulkhead that approximates normal high water (NHW). General Permit No. 43250-D authorized bulkhead replacement watenward of the existing bulkhead, no other permit history was found. The applicant currently maintains an existing private docking facility. A fixed pier extends to the southwest at an angle from the bulkhead into Banks Channel, measuring approximately 30' in length by 10' in width. An access ramp extends from the fixed pier onto a floating dock running parallel with the bulkhead, measuring approximately 25' in length by Tin width. A boatlift, measuring approximately 13' by 13' is located next to the floating dock to northeast with a narrow 3' by 17' floating finger pier located on the landward side of the boatlift. Additionally, two jet ski platforms were secured to the 3' by 17' finger pier. No permit history was found for the existing docking facility. Based on Google Earth a docking facility in the current configuration existed prior to 1993. The existing docking facility currently accommodates up to two (2) vessels. The Wilmington -New Hanover Ccunty2006 Land Use Plan classifies adjacentwaters and high ground portion at the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish. PROPOSED PROJECT: 9. The applicant proposes to remove the existing docking facility and add a new 4 slip docking facility. The new proposed 5' long by 6' wide pier would extend from the bulkhead to a 12' by 12' T-head platform. A ramp extending perpendicular to the shoreline from the T-head platform would lead to a 50' by 8' floating dock, positioned parallel to the shoreline. The applicant proposes to install two new 13' by 13' boat lifts on the landward side of the proposed new floating dock. Additionally, two 12' by 5' jet -ski platforms will be added to the southeast end of the floating dock. The proposed new docking facility would extend approximately 36' into the approximately 240' wide body of water and provide docking space for up to four (4) vessels. The application states that the existing water depth in the area of the proposed boatlifts would be approximately - 6' at normal low water (NLW) and -8' NLW at the waterward edge of the proposed floating dock (See Drawing 1 of 2). Dan Wall Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately 1,032 ftz of Estuarine Waters and Pubic Trust Area. The proposed structure would extend approximately 36' into a waterbody, which measures approximately 240' across. This distance would conform to both the 1/4 rule and the established pier lengths. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Total slip count would increase from two (2) to four (4) boat slips. Minor increases in turbidity should be expected during construction. Submitted by: Katharine Elks Date:12/1/2020 Office: Wilmington H 0. Box 11291 • • 0-1290 Wilmington, NC 28404 Office/Fax: ax:910 71-2034 w Pippinmarine.com ntu rip@pj: inroad e.co uu r :; ud� trip@MPPinmarine.com November 9, 2020 NCDEQ 127 N. Cardinal Drive Wilmington, NC 28405 The enclosed CAMA Major Permit Application is being submitted for Dan Wall at 7 Sounds Point, Wilmington, NC 28411, The application is for the construction of a new 5 x 6 entrance way to a 12 x 12 deck. There will also an 8 x 50 floating dock and 2 13 x 13 boat lifts. There will be a total of 4 slips and will be for private, family use only. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this C WA 401 certification request within the applicable reasonable period of time. Thank you, 40e� Trip Pippin Pippin Marine Construction, LLC RECEIVED, NOV 10 201-,9 DCM WILMINGTOfv Inc Piers -Pilings Boat Ufts - Bulkheads -Floating Docks -Residential &Commercial Marine Constwcticm Since 1904 ROY COOPER Covemar NUCHAEL S. REGAN secretary BRAXTON C. DAVIS Director Trip Pippin P.O. Box 11291 Wilmington, NC 28404 Dear Mr. Pippin: NORTH CAROLINA Emdronmentar Quality December 1, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Dan Wall for State approval for development of the subject property located at 7 Sounds Point Road, adjacent to Banks Channel and Middle Sound, in Wilmington, in New Hanover County. It was received as complete on November 30, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 13, 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 November 30, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within.five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerelry, ff `/ Katharine Elks Field Representative cc: Curt Weychert, DCM USACE Christine Bouffard, LPO Robb Mairs, DWR Dan Wall, Applicant D Q • iA W \ _td°" . l�iY W61p�`vr North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive EMensiun I Wilmington, North Carolina 2a405 910.796,7215 N0Tl(0l*l7j LAMA PERMIT APPLIED FOR PROJECT: Aicant roposes to remove an existing ite nt r County. COMMENTS ACCEPTED THROUGH January 4, 2021 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Dan Wall 3708 Wiiliamsborough Ct. it NC iv. of CoastalManagement a e g Cardinal r. Ext. _Agent: Pippin Marine Construction Wilmington, Trip Pippin Katharine (910) 471.2034 0 �b.,," December 10, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Dan Wall / New Hanover County • P.L. & Frances White / Brunswick County ROY COOPER rowmnr MICHAEL S. REGAN Se,warr BRAXTON DAVIS Dinclor. Dtcisimt of(' a al Marmgemeni Hello Angie: Please publish the attached Notice in the Monday, December 14, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Pietila Support & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE State ofNmth Ca hna I Environmental (,Mality I Coastal Manage t 127 Cardinal Drive F.1, Wihviubnon, NC 29405 9197967215 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 December 1, 2020, Dan Wall proposed to remove an existing docking facility and construct a new private dockingfacility with a total offour (4) boat slips at 7Sounds Point Rd, adjacent to Banks Channel in Wilmington, New Hanover County, and on December 3, 2020, P.L. & Frances Wltite proposed to replace 50 linear ft. of existing bulkhead with associated wetland fill at l24 Lumberton St., adjacent to a manmade canal in Holden Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Katharine Elks (New Hanover County) or Ben Brink (Brunswick County) N.C. Dept, of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 for New Hanover County or (910) 796-7425 for Brunswick County. during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 4, 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. N.C. D,NISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date I Name of Property Owner Applying for Permit: �� 01 GUQIi�i Mailing Address: 1`a rYt,�> 1%)Y 6v 4 I1 C;t f certify that ] have authorized (agent) /;" r", to act on my behalf, for the purpose of applying Fur and obtaining all CANIA Permits necessary to e install or construct (activity) c t'•j i -' at (my property located at) This certification is valid thnt (date) RECEIVED Nov 10 2020 DCM WILMINGTON, NC CEWnFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER.NOTIFICATIONIWAIVER FORM Name of Property O:.roer. ?sJ �: ;;' ;✓ i Aadress of Property: (Lot or Street g, Strect or Road, City r3 County) n Mai£ingAddress: /1•�� %;�5,! Agent's phone #: ��:li-T:>%"ram ':%fr-,s�:-�%1A ,!4i I hereby certify that 1 own property adjacent to the above referenced property. rho indivipua! apciying for this permit nas described to me as shown on the attached dra- ing the development they are propn-sing,.A descdolion or d:dyAr7q, •roith dimensions, mus£ be orovided With !his Iettsr. I he,.-.- no objections tp this propessl. 1 have nbiection to this proposal. If you have objections to what is being proposed, you mustnotify the Division of Coastal Management (DCff) In wnLina within jl0 days ofreceipt of this notice, Contact Infamnatior, for DCtl offices is available at hrtpl.'vnvrj.naoastalmanagement.na&WeL'cmfstaff-listinn or bycal/ing l•588.4RCOAST. No response is considered the same as no oblection if you have boon notifiedbv Certified flail. WAIVER SECTION ! uneerstand that a pier, dock meodng pilings, boat ramp, breakwater, boathouse. or lift must ba sat hack a minimum distance of 15' from my area of riparian access unless vraived by me. If you :wish to waive the setback, you must in'tial the appropriate Wank below.) 1 do wish, to waive the 16 setback requirement. I do not wash to waive Lie 15 setback requirement. (Pro O rfie��lirfo4. tion) (Riparian Pr arty Owner information) D Sf nranuc f et. •re �Gi i7 Wa 1 4*� 01� o a Rint or Tvpe Name Print or rope anin S703 /sdq z 4)VA'JraIA4!: �C- lAaXng Address i Mal';- -+::-11ss lP t e�iG. ,Mr.4,, 1 d /L. w 0906 . Crt1,'S!ate;2ip' CiNlpStat�p � TIE,-&Sji 461r7109(i li0—✓��Q� ���( 7'aiapiN„ei�umWr.'cma�l Address (PPtfG(l n���ryTewphcne tv't:rnber; tmet?ACdrass I &D tiara--- -- — , ew dAe:g($ESEIVED NOV 10 2020 DCM WILMINGTON, NC Name of property Own Addressof.Property: Agerrr Kan%4P Agents phone#: NON OF -COASTAL MANAGEMENT PROPERTY OWWRHOTIRICATION"VERFORM- 1J^lifP f'+-:LPIQe�i McN'mBJlddtss8: �� A_�O.ti �l�e�% i herady %Mfy that I own, property edbmj to the analuina fnrtbia namdthas daspr$ad to me s5nhft The IndivldLW fhavenvabje�tioasie[hisproposal thu"Pobjectiocstothis prappsel. WAPIERSCCTM I understand that a pier, dock, mooring plfh+ge, boat ramp, breakwater, boathouse, m' lift roust be setback a mirtlmtrm_hcs dblaof V from my area of dparim acimm.4Mless waived by Mir. (if Ymtwish-la mahfeItKaathack,You muetinitWtheeGPWAftblanllfa OW-) �� ldowishtavtalretftai5'safkackregaiferiletU. I donot#t lovrjh*ths i5'selbackrequNeraent.. edinpil r� ei - 50-z6;5s � ff +k- � C-94+� TalephonaWnterlE Addmss eellan5•gonTelen^or'e Almo • -T + e L'. %10 ow oif3 tRevlscddlaB- �'/'t1 RECEIVED NOV 10 2020 DCM WILMINGTON, NC Book 6187 ]?age 697 BK: RB MIST PG: 697-699 Ac�mw 201805668E RE2RCfD NEW HANOVER COUNTY, IMAMS RFPI ESTATE 11.5T:20 PAI rAMMYTHEUSUHSEavBY aEGlarptaFRFEne FM:(4)waaa : .. aY.0.VmFArAFSYBL NORTH CAROLINA GENERAL WARRANTY DEED TITLE EEAMINATION NEITHER REQUESTED OF NOR PREFORMED BY THE MAKER OF THIS INSTRUMENT. Excise Tax S 7000.00 PareellderniSerNo. R05207-M-009-002 Vailidby Cwmry on the day of 20_ By 1 Ma0/Boxto: Morcelaw This insmmrent was preparedby. Eugene B.Davis, Jr.,P.C, 1612Militry CauffRoad, Suite 301, Wi1minrtton, NC 28403 Brief descripdon for the index: Lot7,Figure Eight Island THISDEEDreadetlds rQ-QI!- dayal"�De 'em6eir- ,20118 byandbttwem GRANTOR 7 SOUNDS POINT, LLC ' A Florida limited liability company . 500 Bay Drive Vero Bemb, FL329b3 GRANTEE Daniel J. Wall and wife, NancyM Wall 7 Sounds Point Road Wilmington, NC 28411 Enter in appropriate block for each Grantor and Grantee: name, mailing address and, ifappmpriaeq character ofentity, e.g. corporation orpartnttshp The designation Grantor and Gruatm W Used herein sball include said part% their bens, successors, and assigns, and shall mcludosingular,phual,masculine,femroineoineuter requnvdbycontext WITNESSETH, that the Grantor, fora valuable consideration paid by the Grantee, thetteeipt of which is hereby acknowledged, has and by these presents does good, bargain, sell and comeyunto the Chance in fee simple, all that certain lot orpamel of land situated in the City of Wiimingmn, Now Hanover County, North Carolina and merepamcuinrly described as follows: BEING all of Lot 7, Block C, Section 11, Figure Eight island as per.map theteofc Dttledn Map Book 14 at Page 3, New Hanover County Registry, to which map rofa®a is made for a maaeparticular description. TOGETHER VaM a right-of-way in common with others over, through or upon streets Rod walks shown on above referenced map, and any and aB existing streets and walks providing access to this treat. The Grantor does not warrant Bay portion of the property lying below the mean high water line of tidal waters. The propertyheteimbove desenbal was Required by Grantorbyinstrumentrecorded inBook 5826 Page 333. All or a portion of the property herein conveyed ❑ includes a ® does Hot include the primary residence of the Grantor. A map showing the above described property is recorded in Map Book 14 Page 3 . RECEIVED Nov 10 2020 Submitted electronically by 'Horee IaN, PLLE- DCM WILMINGTON, NC In compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Book 61e7 Page 699 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized ofthe premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warranty and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: ad valorem taxes for current and subsequent years; applicable zoning and land use ordinances, statutes and regulations; and applicable restrictive covenants and easements of record IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. 7 SOUNDS POINT, LLC, a Florida limited liability company (Entity Name) By. Print/I�pe Name & Title: Neill A. Currie, Member State of North Carolina County or City of OL+AZI 0A-NC#'F4 • I, theundersigcedNotaryofPublicoftheCountyandStateaforesaid,cerifythatNeillA.Curriepersonallycamebefore me ibis day and acknowledged that he is Member of 7 SOUNDS POINT. LLC, a Florida limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal this _go day of My Commission Expires:. Z4[-70i "l (Affix Seal) ROGER C WHITE NOTARY PU13UC New Hanovercouray North oara+na My commLcsion EiVLes February 11, 2010 RECEIVED NOV 10 2020 OOM WILMINGTON, NC Hook 6L87 Page 699 IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year fast above written. 7 SOUNDS POINT, LLC, a Florida limited liability company tyN e,£ BY, � / M �GC P ' Vrype Name & Title: LindaP. Carrie, Member State of Now Carolina County or City of 9-k 0 % I, the undersigned Notary of Public of the County and State aforesaid, certify that Linda P. Care personally came before me this day and acknowledged that she is Member of 7 SOUNDS POINT. LLC, aFlorida limited liability company,, and that by authority duly given and as the act of such entity, she signed the foregoing instrument is its name on its behalf as its act and deed Witness my hand and Notarial stamp or seal this M day of My Commission Expires: (Affix Seal) ROGER C WHITE norav9yFusuc New ttanovercoardy Noah Carofma My Commtssron Fires February 11, 2a99 RECEIVED NOV 10 2020 DCM WILMINGTON, NC ■ Complete items 1, 2, end 3. Print Your name and address on the reverse A. so that we can return the card to you X ■ Attach this card to the back of the mailpiec I Or on the front ifs ace B' p Permits. � a QZCCto7rail� �!i G�Jf%mi,�lly� /VC dP7lo� ❑ Agent -, ainerennrom item 12, 0 Y& delivery address below; 0 No 2020 it1111111111111 Service o du 9590 9402 4602 8278 3474 12 SSgnTUreeReanlctedDa dry �Uflw Maim ce`efl� o�u�M Rea"stared Mall Rm acted 2. Amide Num har(rrensfa'&—..._.,V ._._ _ Me D C.bll D'al,nctetl Doevery ❑ Ret Receiptrar 7015 1$20 0001 0056 026$ Merchandise -el aMal°a""a"�e'"ned�� 0sianat"coff auan•. PS Form 3811, JIIY2016 PSN753o-02_o0m.gg� r, rSU,ed Mal Restdctad WI. over SSW) Y Slgnaa re Confirmation Resnicted paiimy Domestic Return Receipt 7015 1520 0001 0056 0265 7015 1520 0001 0056 0272. ■ Complete hems 1, 2, and 3. ■ Print your name and address on the reverse so that we can retum the Card to you ■ Attach this card to n,o ti-_�- _.— _ / 4(V Qrcadranf �'�: %�i/m�•5� fllG dPYoS IIIIIIIIIIIIIIIIIIIIIIIIIIiI II►u► ►ituuum --- —1 y auuress below: I� O V 5 y 2020 iature U Reority Mal Evyreeao at.. Rastr;,W DejW O Realsteraa Male 1a1® naolstamd Mall R.Wc'e Mil Dell ycted DNlvery ❑ Gl'laIR�Npt tw 7015 1520 0001 0056 0265 Delivery Restrleled Delivery O algnatu, Cwf, m ionTM aureamall ❑anaNre comnae an . „I Mal Restrict d DM" slSonaclad Delivery PS Porn " 3811, July 2015 PSN 7530-02-0p0; 8a;� over "I Mal) Dameatic Retum Rocelpt 7015 1520 0001 0056 0265 7 11-C , Emr, r. r, .-. ---- NC Division of Coastal Management Major Permit Application Computer Sheet Permit Authorization: VQ1MA ❑ Dredge & Fill ❑Both AEC: I'LV.S GhaYlvie Fee: # 51/;'o CDAITS _ MHC cc SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes No PNA: ❑Yes No Photos Taken: Yes No ❑ Setback Required Critical Habitat: ❑Yes o ❑Not Sure 15 foot waiver obtained: ❑Yes No Hazard N tificatio ❑Yes 1'No SW ❑Yes UNo ❑Not Sure Shell Bottom: ❑Yes No Sure El Not Temporary Impac� Sandbags: ❑Yes o Not Sure Did the land use classification come Mitigation No from county LUP: �&es ❑No Oyes ONO Moratorium Conditions: Environmental Assessment Done: Length of Shorelin ❑Yes QoNo DNA ❑Yes E�No❑NA I r,r,1 �_ FT. Shellfish Area Designation: i Project Description: (code) Development Area pen -or- Closed p 1Z 1 I03 SECONDARY WATER CLASSIFICATION -OPTIONAL (choose MAX of 41 LJ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (S altemifiora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus spiceta) sp.) (TY) Cattail (Typha sp.) u NKl uil needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 ❑ III(A) Private w/ D&F up to 7 acre; 3490 ❑ III(D) Priv, public or Comm w/ D8F to 1 ❑ Minor Modification to a LAMA Major can be applied - $250 ❑ Major Modification to a CAMA Major acre; 4144 can't be applied - S400 LEI- $100 permit - $250 ❑ IV Any development involving D&F of Permit Transfer - $100 more than 1 acre - $475 III(B) Public or commercial W/ D&F to 1 Express Permit - $2000 L acre; 4144 can be applied - $400 ❑ major development extension request - $100 ❑ II. Public or commercial/no dredge and/or fill -$400 I. Private no dredge and/or fill - $250 ❑ III(C) Priv, public or comet w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: WQ'I Y%AV1 Date: iL I i 120 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One ` New Work Replace W pR Maint ❑ ❑ Y L%N New Work Ig Replace T E Maint ❑ ❑ Y aN New Work Replace F5 1 Maint El ❑Y(W N, gr 60/ r S L 2 New Work Maint ❑ Replace Ely IN IF y New Work lA MaiM❑ Replace ❑Y IN e New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y (:IN 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 I FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any anticipated Excludes any restoration total Includes any anticipated Excludes any restoration andlor restoration or and/or temp I restoration or temp impact tern im acts impact amount tern impacts amount p V.% Dredge ❑ Fill ❑ Both ❑ Other 11032. 11 03 2- Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill Cl Both ❑ Other ❑ Dredge ❑ Fill Cl Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733.2293 :: 1.888-4RCOAST :: www,nccoaslal_m_ a.nage ment.net revised: 02.26,18 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 11/16/2020 11/17/2020 Pippin Marine Dan Wall Wells 5670 $250.00 major fee, 7 Sounds Point, KE rct. Construction LLC Fargo Wilmington NHCO No split 12417 Major Permit Fee Schedule Project Name:p0.v\ WkA County:L Check No & Amount: 5Cn-tv -� I Oso , `i' Development Type Fee DCM % DW Q % (14300160143510009316256253) (2430016024351000952341) I Private, non-commercial development that does not involve the filling or excavation of any wetlands or $250 100% ($250) o 0 /o ($0) open water areas: 11. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% (R) of any wetlands or open water areas: I I I. 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. 111(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied I I I(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written OWQ concurrence Is $400 60% ($240) 40% ($160) needed because of concems related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applied- $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: Curt Weychert County: I v Permit #: WIRO E-MAIL DISTRIBUTION SHEET Circle oCBioRe/ Permit for:OversizeL1 DCM Offices: Morehead City: PT (if oversize) via Courier �A 'cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy 1 ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: nder & Carteret Cc): PN, CL, Reports, Split Sheet use both mingtonNCREGQusace.army.mil (NH/BR): PN, CL, Reports, Split Sheet g Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: nn at ntil I ine a rts +Kim H DCM Planner/WiRO: Ake Christenbury Cultural Resources: _ vnee Gledhill -Earley Environmental Revieo(c ncdenraov_ Natural Heritage Prog. X'odney Butler_ DCA-Rural Eco. Dev: V rkZiegler_ NC DOT: ✓bavid Harris _ Wildlife Resources: VA'aria Dunn w/Reports _ State Property Office: .-Tim Walton: DEED _ We Moser W�da Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: t,d'eremy Humphrey (Bio) / Shannon Jenkins (Pt) _ Sharon Gupton, Admin. DEMLR: V✓�ristine Hall - Stormwater Section ,_"n Sams - Land Quality Section Public Water Supply: VH6idi Cox City of Wilmington: Kathryn Thurston_ '' { Enforcement: ,Ael1dnRep: YA�r r�Y✓J Agent: DISTRIBUTED: updated 09/04/20 CAAWShaun majors docs/e Agency List U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02186 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Dan Wall Address: 3708 Williamsborough CT. Raleigh, NC 27609 Telephone Number: Size (acres) Nearest Town Figure Eight Island Nearest Waterway Middle Sound River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.2501 Longitude: -77.766 Location description: The site is located in Waters adjacent to Middle Sound at 7 Sounds Point Drive on Figure 8 Island, New Hanover County, NC. Description of project area and activity: The proposal is to remove an existing docking facility and add a new 4 slip docking facility. The new proposed 5' long by 6' wide pier would extend from the bulkhead to a 12' by 12' T-head platform. A ramp extending perpendicular to the shoreline from the T-head platform would lead to a 50' by 8' floating dock, positioned parallel to the shoreline. The applicant proposes to install two new 13' by 13' boat lifts on the landward side of the proposed new floating dock. Additionally, two 12' by 5' jet-ski platforms will be added to the southeast end of the floating dock. 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 manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 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 and attached drawings dated October 21, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee 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 Gregory.E.Currey@usace.army.mil. Corps Regulatory Official: ___________________________ Date: May 19, 2021 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. 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 the approved jurisdictional determination issued . Action ID: SAW- . B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants 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 10M15 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. Corps Regulatory Official: ______________________________________________________ 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://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Copy furnished: Trip Pippin (Pippin Marine Construction) Curt Weychert (NC DCM) Gregg Bodnar (NC DCM) Katharine Elks (NC DCM) Holley Snider (NC DWR) Action ID Number: SAW-2020-02186 County: New Hanover County Permittee: Dan Wall Project Name: 7 Sounds Point Drive/Dan Wall Date Verification Issued: May 19, 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