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HomeMy WebLinkAboutWDN 21-03 WarrenDIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Warren Type: (Check all that apply) New Major Mod Permit# _ Minor Mod Renewal Transfer Permit Coordinator: Bodnar Field Representative: Elks Date Time Message 8/02/2021 Received in MHC irltc ,wR tv(9I- 1°�IS�Zr N31Zt c�5l�LEr c7wtF W ulglLl Bodnar, Gregg From: Dortch, Andy <adortch@lmgroup.net> Sent: Tuesday, November 9, 2021 8:04 AM To: Elks, Katharine B Cc: Bodnar, Gregg; Finch, Greg Subject: Re: [External] Re: Kyle Warren CAMA application 'CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Gregg, would you please withdraw the original application? Katharine, would you please set up a phone meeting for next week with the necessary parties? thank you Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group Environmental Consultants 3805 Wrightsville Avenue Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 19 On Mon, Nov 8, 2021 at 4:33 PM Elks, Katharine B <katharine.elks@ncdenr.Rov> wrote: Hi Andy, A few more things to add after discussing logistics with Tara and MHC: The plan changes are significant enough that we agree this needs to be a new application. I think you've included everything that would be needed for a new 'application' but I'll do a more in depth review. We need LMG to request the application to be withdrawn so that we can start fresh. Please send that request to Gregg Bodnar. We also agreed that the permit fee paid originally submitted can be applied to the new application. A portion of the access pier needs to be elevated over the cove area in the vicinity of the entrance to maintain access. This change shouldn't require renotification since the footprint wouldn't change. It appears that the width would be most restrictive and should be applied in this situation since the proposed docking facility is not located between 2 longer piers. Let me know if you have any questions. Thanks, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910)796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 -,'�-` fothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Elks, Katharine B Sent: Monday, November 8, 20212:08 PM To: Dortch, Andy <adortch@Imeroup.net>; Bodnar, Gregg <areea.bodnarC@ncdenr.aov> Cc: Finch, Greg «finch@lmeroup.net> Subject: RE: [External] Re: Kyle Warren LAMA application Thanks Andy, One hard copy should be fine. Just at first glance a few notes- The pier headline was not drawn per 7H .0208 (b)(6)(G). The pier headline is established using the adjacent docking facilities up to 200' away and cannot exceed 1/3 width of the water body. Also, I'd like to see the water depths under the jet -ski platform and water body width. Based on recent agency comments for similar projects I anticipate comments on the slip count (purpose and need) and new dredging in ORW to result in further revision or denial. If the applicant wants more consultation with agencies on this proposal I can organize an informal call. Thanks, Katharine Elks Katharine Elks Field Representative - Wilmington Regional Office NC Division of Coastal Management Department of Environmental Quality (910) 796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 Nothing Compares..._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dortch, Andy <adortch@lmgroup.net> Sent: Monday, November 8, 20219:41 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currev@usace.army.mil>; Snider, Holley <hollev.snider@ncdenr.gov>; King, Morelia s <morella.sanchez- king@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife. org>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Cc: Finch, Greg <gfinch@Imgroup.net>; Elks, Katharine B <katharine.elks@ncdenr.gov>; Kyle Warren <kvle@offthehookvs.com>; William Dortch <adortch@Imgroup.net> Subject: [External] Re: Kyle Warren CAMA application 'CAUTION: External email. Do not click links or open attachments unless you verify. Send all'suspicious email as an attachment to .ReporYSpam. Good morning everyone. Attached is an updated application for 1324 Final Landing in accordance with the DMF and Wildlife Resources comments. Updated adjacent notifications have been sent and the green cards will be forwarded upon receipt. Do I still need to send 3 hard copies to Raleigh? Apologies for the delay. Thank you Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 0 On Fri, Oct 15, 2021 at 9:13 AM Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Morning all, Please see above for the DCM hold letter for Kyle Warren. DCM recently received the DWR hold and above is the corresponding DCM hold. If you have any questions please let me know. Above I have also provided the DWR hold and the DMF and WRC comments again for your reference. Regards, 4 Gregg _. _D_E i;seawwa L.mi.e�eaao,.zr� ; Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 225 (Office) Gregg. Bodnar@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director Land Management Group Andy Dortch (adortch@lmgroup.net) Greg Finch (gfinch@lmgroup.net) NORTH CAROLINA Environmental Quality October 15, 2021 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Kyle Warren, in New Hanover County Dear Sirs: This letter is in response to the above referenced CAMA Major Permit application, which was accepted as complete by the Division's Wilmington office on July 26, 2021. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. The required item is summarized below: 1) Comments were received from the NC Division of Marine Fisheries (NC DMF) and the NC Wildlife Resources Commission detailing concerns with the proposed project and impacts to shallow bottom habitat. These comments were forwarded via email on October 1, 2021. 2) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that, prior to taking final action on a project of this nature, a Water Quality Certification for the proposed development must first be approved by the Division of Water Resources (DWR). On September 27, 2021, the DWR placed the project on hold as proposed and requested additional information. I have provided the state agency comments and the DWR hold letter within the email providing this notification for your reference. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as the required information is accepted by the resource agencies and final comments have been provided. ja.-JAW-D North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Ofnce 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252808.2808 If you have any questions concerning these matters, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at gregQ.bodnar(a,ncdenr.gov. Sincerely, i �► Gregg Bodnar Division of Coastal Management Assistant Major Permits Coordinator CC: DCM WiRO Greg Currey, USACE Wilmington Regulatory Field Office Holley Snider, DWR WiRO North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, October 15, 2021 9:13 AM To: Dortch, Andy, Finch, Greg Cc: Elks, Katharine B Subject: Kyle Warren CAMA application Attachments: Kyle Warren HOLD.pdf, Warren add info.docx.pdf, CMDF_Kyle Warren_NCWRCA.pdf, RE: [External] Re: Kyle WarrenDunn, Morning all, Please see above for the DCM hold letter for Kyle Warren. DCM recently received the DWR hold and above is the corresponding DCM hold. If you have any questions please let me know. Above I have also provided the DWR hold and the DMF and WRC comments again for your reference. Regards, Gregg ic D_EQ� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 Bob 2808 ext 215 (Office) GremBodn ar@ncdenr.aov Emall correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, October 1, 2021 9:45 AM To: Harding, Kimberlee k; Finch, Greg Cc: Dortch, Andy; Dunn, Maria T.; Elks, Katharine B; Currey, Gregory E CIV USARMY CESAD (USA); Snider, Holley Subject: RE: [External] Re: Kyle WarrenDunn, Attachments: CMDF_Kyle Warren_NCWRCA.pdf Morning all, Please see above for WRC comments. I have added Maria, Katherine, Holley and Greg Currey as well since there is discussion about moving the structure out with a different dredge footprint. Greg, as you work with DMF and WRC, if you have any potential revisions let Katherine and I know and we can review and provide any guidance related to CRC rule before we send them out to the agencies. Especially that any changes may require re -notification. Thanks, Gregg From: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Sent: Tuesday, September 28, 20212:09 PM To: Finch, Greg <gfinch@lmgroup.net> Cc: Dortch, Andy <adortch@lmgroup.net>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: [External] Re: Kyle WarrenDunn, Hi Greg. I spoke with DWR, WRC, and NMFs. We have all written our comments and recommended to constructed the pier over the marsh, even if dredging will be required under the boat slips. Anne did not think your idea to build a living shoreline by relocating the shell cultch and shellfish would work. She further commented that DMF's stance would be, new dredge of extensive shallow bottom, even without shellfish, would be grounds for recommending against this, especially because there is an alternative. Thank you for your time. Kim6erlee Harding Habitat and F nbancement Section NC Division of Marine ri56eries kim6erlee.barding@ncdenr. ov 91 O.70.745 (Office) From: Finch, Greg lmailto:gfinch@lmgroup.net] Sent: Monday, September 27, 20218:28 AM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Cc: Dortch, Andy <adortch@Imgroup.net>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Re: Kyle Warren CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Thanks for forwarding Gregg. Kim, We did evaluate locating the proposed facility out on the AIWW adjacent to the southern docks and even had a set of figures prepared for that. However, after a site visit we noticed the water depths are extremely shallow and those floating docks actually sit on the bottom at low tide. We met onsite with DCM and DWR (Katherine and Holley) and reviewed the current plan and they can confirm the depths. So, dredging would need to be proposed at that location too and the square footage would actually be greater since we can't utilize the existing dredged channel. With the shorter pier and reduced dredge footprint that utilizes the existing dredged channel, the proposed layout is the best option and there are no significant shellfish resources in the dredge footprint. Considering this, can you please revise your comments? I would be happy to discuss in a phone call if needed. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Fri, Sep 24, 2021 at 3:49 PM Bodnar, Gregg <greeg.bodnar@ncdenr.gov> wrote: Afternoon all, I wanted to provide comments from DMF to review. If you have any questions please contact DMF for specifics. Thanks, Gregg 1f -! Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) GrckR.Bodnar0ncdenr.gov Email correspondence to and from this address Is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: Kyle Warren COUNTY: New Hanover AUG 0 2 ZGZ1 PROJECT NAME: 1324 Final Landing Lane DCM-MHD CITY LOCATION OF PROJECT: 1324 Final Landing Ln, Adj to AIWW/Middle Sound, WHinington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-26-21 PREFILE DATE: N/A FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Elks DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE RECD: 8-5-21 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 10-9-21 HOLDS: tl1 MAIL OUT DATE: 7-30-21 To Be Forwarded: N/A PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: VALM[INGTON FEE RECD: $400 (6W40)H2283 END OF NOTICE DATE: 8-26-21 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 8-26-21 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 8 Llb(cto DCM - LUP Consistencyto Determination / tom' Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section DWR- Public Water Supply DEMLR-Stormwater DEMLR - Sod and Erosion DOA - State Property Office It L ( 11 k Wildlife Resources Commission 1 - Shellfish Section �DMF x•j l/L tDMF h - Habitat & Enhancement YA* DNCR - Archives & History q �l DNCR - Natural Heritage Program NCDOT NC Dept of Commerce Ai� l9 RECOMMENDATIONS FOR 1324 Final Landing Lane Warren Kyle 7I2912021 Shoreline length =118' x 8' = 944 ft2 (maximum allowable) Proposed pier = 6' x 139' = 834 ft2 (credit) Proposed fixed platform = (12' x 12') =144 ft2 Proposed floating dock = 6' x 26' =156 ft2 (credit) Proposed floating dock = (2) 6' x 48' =576 ft2 Proposed boadift =13' x 13' =169 ft2 (not counted) TOTAL = 720 ft2 This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. It is the staffs recommendation that the proposed excavation is CONSISTENT with the Rules of 15 A NCAC 071-1.0208 (b) (1) which states, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this subchapter.". It also states °Any canal or boat basin shall be excavated no deeper than the depth of connecting waters ... °. Additionally, 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. Additionally, it appears to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(7), including constructing bulkheads landward of Coastal Wetlands As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for private docking facilities, bulkheads, and excavation. RECEIVED AUG 0 2 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 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 (Courier11-12-09) gregg. bodnar(aNCD ENR.gov SUBJECT: CAMA/D&F Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct 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 Gregg Bodnar at the address above by August 26, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality DATE nR/03/21 AUG 5 2021 MP SECTION MH® �DWQp North Carolina Department of Environments] Quality I Division of Coastal Management Wilmington Office 1127 Carmnal Drive Extension I Wilmington, North Carolina 28405 �r —a— 4 ' 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a)NCDENR.gov SUBJECT: CAMA/D&F Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct 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 Gregg Bodnar at the address above by August 26, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE f4ek. DATE 8/2/21 RECEIVED AUG 3 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management Wdmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796,7215 ROY COOPER Governor ELIZABETH S. BiSER Secretary BRAXTON DAVIS Dimaor July 30, 2021 MEMORANDUM. NORTH CAROLINA EnvlroimentarQuaaty FROM: Gregg Bodnar, Assistant Major Penults Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12.09) gregg. bcdnar0NCDEN R.gov SUBJECT: CAMA/D&F Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct 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 Greco Bodnar at the address above by August 26, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, In- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Four new slips proposed PRINT NAME Wanda Hilliard AGENCY, State Property Office SIGNATURE 004taiO 6iWCeGn� RECEEVVED AUG 1 1 2021 DATE Aunust 11, 2021 ®RFE Q� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Once 1127 Cardinal Drive Extension I Wilmington, North Carolina 26405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM. NORTH CAROLINA Enytronntental 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) areoo. bodnarANC DENRaov SUBJECT: CAMA/D&F Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation fora boat basin, maintenance excavation for the connecting access channel, and construct 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 Grego Bodnar at the address above by August 26, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M AGENCY SIGNATURE DATE A/C b z p k- o �- Co 'yt rUa I,IAr G_ Z gj(glz( D_!Q�� AUG 1 9 2021 M"T' ,`�E-ECTI N RRHD North Carolina Department of Environmental Quality I Division of Coastal Management Wllmingtonofflce 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM NORTH CAROLINA EnvtronmenralQuality Received: 8/23/2021 Historic Preservation Office ER 21-2007 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) aregg bodnar(a)NCDENR.go SUBJECT: CAMA/D&F Due: 8/30/2021 08/27/2021 No comment —SBA Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct 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 Gregg Bodnar at the address above by August 26, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 09/08/2021 RECEIVEM SEP 8 2021 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 om®. �e.mm wov� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar()NCDENR.gov SUBJECT: CAMA/D&F Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct 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 Gregg Bodnar at the address above by August 26, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME KIITlberlee Harding AGENCY NCDMF SIGNATURE K6 7'a DATE 09/22/21 �Dg EECENID SEP 2 2 2021 Mrs P S, ECT10N M1AD 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 ROY COOPER Govemor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, DMF Fisheries Resource Specialist SUBJECT: Kyle Warren, bulkhead, excavation for boat basin, dredge access channel, and 4 slip docking facility DATE: September 22, 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct a new 4 slip docking facility. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of the AIWW and Middle Sound in the vicinity of the project area 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 closed to the harvest of shellfish. There appears to be no SAV in the project area. The proposed project has the potential to impact several different fisheries habitat types such as coastal marsh, shallow soft bottom habitat, shell bottom habitat, as well as water quality impacts associated with dredging. The proposed project would remove approximately 16,700 ft2 of productive substrate that is used as important nursery areas for numerous juvenile finfish and invertebrate species and would incorporate 1,977 ft2 of Public Trust Area. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront. The presence of live shellfish that historically or currently survive due to favorable conditions is considered shellfish habitat. Increased sedimentation raises concern for shellfish and shellfish habitat by either the direct burial of oyster beds or reductions in filtration efficiency, respiration rates, and/or reproduction and settlement. Larval oysters require a clean hard bottom for attachment and EECEIVED SEP 2 2 2021 State of North Carolina I Division oFMarine Fisheries 3441Arendell Street I P.O.Bu769I Morehead City, North Carolina 28557 11 252-726-7021 f: u? SECTION MHD sedimentation as little as 1 or 2 mm may inhibit settlement. Duration of sedimentation suspension and water quality degradation has been shown to result in juvenile oyster mortality. Oysters can only survive burial for 6 days by resorting to anerobic metabolism, but experience 100% mortality on day 7 (Wilbur et al. 2001). Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays (Deaton et al. 2010). After reviewing the applicant's proposal, the DMF does not have any resource concerns with the configuration of the bulkhead, however, the DMF has determined the proposed excavation of shallow soft bottom and shellfish habitat is not justified by the applicants need and purpose. The DMF recommends the applicant minimize impacts and construct their 4- slip docking facility in a similar configuration of the adjacent properties to the south. Contact Kimberlee Harding at (910) 796-7475 or kimberlee.harding@ncdenr.gov with further questions or concerns. Resources Cited Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. USFWS (U. S. Fish and Wildlife Service. 2002. Draft Fish and Wildlife Coordination Act Report Bogue Banks Shore Protection Project, Carteret County, North Carolina. Wilber, D. H., and D. G. Clarke. 2001. Biological effects of suspended sediments: A review of suspended sediment impacts on fish and shellfish with relation to dredging activities in estuaries. North American Journal of Fisheries Management 21(4):855-875. RECEIVE® SEP 2 2 2021 PAP SECTION MHO State of North Caroltta I DiAsion of Marine Fisheries 3441Armdell Street I PA.Box769I Morehead Chy,North Carolina28S57 252-726-I021 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality July 30, 2021 MEMORANDUM: 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) areee.bodnarlrDNCDENR.c ov SUBJECT: CAMA/D&F Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation fora boat basin, maintenance excavation for the connecting, access channel, and construct 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 Greco Bodnar at the address above by August 26, 2Q21.; If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project.. lX This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME AGENCY N CirJIZC SIGNATURErn� DATE 9-Zq-7,JZ( neon, evn"�� E Q�+ uv.rmdmame"m PZEUIVED SEP 3 0 2021 N4111P 1131LECTION PAHD North Carolina Department of Environmental Quality I Division or Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 North Carolina Wildlife Resources Commission n Cameron higram, Executive Director MEMORANDUM RECEIVED TO: Gregg Bodnar Division of Coastal Management S E P 3 0 2021 North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Ma SECT10,N Mt Ha Habitat Conservation Division DATE: September 30, 2021 SUBJECT: CAMA Drcdge/Fill Permit Application for Kyle Warren, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1324 Final Landing Lane adjacent to Middle Sound and the AI W W near Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. I I3A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as amended (I6'U.S.C. 1801 etseq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.), The applicant proposes to construct a 470' bulkhead 1' landward Section 404'and coastal wetlands to stabilize the shoreline and around a culverted driveway. In addition to the shoreline stabilization, a 130' by 6' fixed pier with a four -slip docking structure is proposed within a cove. The U=shape floating dock would have two 6' by 48' finger piers positioned perpendicular to the sltore to create the slips, one of which will have a 13' by 13' lift. To provide adequate depths, new excavation within the cove and maintenance excavation with a section of the AIW W access channel is proposed. The basin would be 70' by 75'-100' to a depth of -4' NLW with removal of a 12' by 90' shoal that connects the cover to the Little Creek access channel. This connecting access channel was recently authorized by State Permit #42-18. Approximately 16,700 ft of shoal and shallow water habitat areas will be disturbed with excavated material deposited on DA-228. The applicant states a 10' buffer from coastal wetlands will be observed. Middle. Sound and the AIW W in this location are classified SA ORW by the Environmental Management Commission. Mailing Address: Habitat Conservation • 1721 Mail Service Center a Raleigh, NC 27699-1721 Telephone: (919)707-6220 • Fax: (919)707-0028 Page 2 The NCWRC has reviewed the permit application and does not object to the installation of the bulkhead as proposed. However, we have concern with the proposed location of the four -slip docking facility within the cove. Shallow water areas within the cove and along the wetland interface provide important foraging opportunities for numerous aquatic species. Bare sand shoals also provide foraging and wading areas for multiple species of shore and waterbirds. The close proximity of wetlands to this shoal also increases its functional value. Excavation of the shallow water aquatic habitats and the bare sand shoal would directly remove important habitat areas. In addition to the concern with the direct impact to foraging habitat from shoal removal, the dredge activity would likely compromise integrity of the wetlands on either side of the shoal, or what would be the mouth into the cove. The creation of a 4' NLW channel and subsequent ingress and egress of vessel traffic would likely erode wetlands and important habitat areas over time. Therefore, the NCWRC requests the applicant extend the pier length and site the four -slip docking facility outside the cove. This would be consistent with adjacent pier head alignments to the south and place the docking facility adjacent to the Little Creek access channel referenced in State Permit #42-18. This new location would lessen the amount of material removed as well as lessen impacts to environmental resources since the shallow water habitats within the cove and shoal would not be excavated. The distance from the repositioned dock to the access channel would be similar to if not less than the distance from the outside edge of the shoal to the access channel. This would reduce immediate excavation needs as well as future excavation needs and resource impacts. If the docking facility is relocated outside the cove, no moratoria would be requested to minimize in -water disturbance during important biological periods since any excavation, if needed, would be further away from sensitive aquatic resources. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dumiCa'mcwildlife.org RECEIVED SEP R P 2021 T SECTION NUT") Bodnar, Gregg From: Harding, Kimberlee k Sent: Tuesday, September 28, 2021 2:09 PM To: Finch, Greg Cc: Dortch, Andy, Bodnar, Gregg Subject: RE: [External] Re: Kyle WarrenDunn, Hi Greg. I spoke with DWR, WRC, and NMFs. We have all written our comments and recommended to constructed the pier over the marsh, even if dredging will be required under the boat slips. Anne did not think your idea to build a living shoreline by relocating the shell cultch and shellfish would work. She further commented that DMF's stance would be, new dredge of extensive shallow bottom, even without shellfish, would be grounds for recommending against this, especially because there is an alternative. Thank you for your time. Kim6erlee Harding Habitat and rn6ancement Section NC Division of Marine Fisheries kim6erlee.hardine@ncdenr.eov 910-70-7`F5 (Office) From: Finch, Greg [mailto:gfinch@lmgroup.net] Sent: Monday, September 27, 20218:28 AM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Cc: Dortch, Andy <adortch@lmgroup.net>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] Re: Kyle Warren CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Thanks for forwarding Gregg. Kim, We did evaluate locating the proposed facility out on the AIWW adjacent to the southern docks and even had a set of figures prepared for that. However, after a site visit we noticed the water depths are extremely shallow and those floating docks actually sit on the bottom at low tide. We met onsite with DCM and DWR (Katherine and Holley) and reviewed the current plan and they can confirm the depths. So, dredging would need to be proposed at that location too and the square footage would actually be greater since we can't utilize the existing dredged channel. With the shorter pier and reduced dredge footprint that utilizes the existing dredged channel, the proposed layout is the best option and there are no significant shellfish resources in the dredge footprint. Considering this, can you please revise your comments? I would be happy to discuss in a phone call if needed. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Fri, Sep 24, 2021 at 3:49 PM Bodnar, Gregg <gregg.bodnarAncdenr.gov> wrote: Afternoon all, I wanted to provide comments from DMF to review. If you have any questions please contact DMF for specifics. Thanks, Gregg ,D_EQ Iepw.Mq f...mw.W Owy� i Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) §�regg.lodnar@ncdenr.gov ' Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —Kyle Warren, New Hanover County Date: October 4, 2021 This project is consistent and not in conflict with the Wilmington- New Hanover County Joint Land Use Plan Update. The applicant proposes to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct a new 4 slip docking facility. The project is located at 1324 Final Landing Lane in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are PTA, ES and EW. Waters at the project site are classified as SA- ORW and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is 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 2016 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. Cc: File OCT 4 2021 UP SECTION MHD Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA ROY COOPER. Governor JOHN NICHOLSON interim Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 27, 2021 CERTIFIED MAIL 7018 2290 0001 8295 5832 RETURN RECEIPT REQUESTED Kyle Warren P.O. Box 11371 Wilmington, NC 28404 RECEIVED OCT 1 1 2021 NIP SECTION PA DWR Project 920211193 New Hanover County Subject Property: 1324 Final Landing Road -Warren Private Docking Facility New Hanover County REQUEST FOR MORE INFORMATION Dear. Mr. Warren, On July 30, 2021, the Division of Water Resources (DWR) received your CAMA major development permit application dated July 26, 2021 to allow for the proposed development of a private four (4) slip docking facility with fixed pier, gazebo, boatlifts, floating docks and a dredged boat basin within Topsail Sound and Middle Sound Outstanding Resource Waters Area (SA;ORW). The Division of Water Resources (DWR) has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. Additional Information Requested: Mrs. Kimberlee Harding of the Division of Marine Fisheries (DMF) sent a memorandum on September 22, 2021 outlining concerns regarding negative impacts the proposed dredged boat basin would have on the habitat and aquatic resources present within the proposed dredged boat basin foot print as well as the removal of approximately 16,700 square feet of productive substrate used as important nursery areas for numerous junevile fidfish, invertebrate species and shellfish habitat. A low tide site visit conducted on May 24, 2021 by staff from the Division of Coastal Management and the DWR, during which live shellfish resources were observed within the footprint of the proposed dredged boat basin and access channel connection. ® ra Aft North Carolina Department of Environmental Quality I Division of Water Resources '�'J/g Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington, North Carolina 28405 r r w !� 11. /� 910.796.7215 DocuSign Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA DWR Project #20211193 September 27, 2021 Page 2 of 3 The DWR believes that the negative impacts associated with the proposed 4-slip docking facility and proposed boat basin dredging with access channel would remove use and degrade the surface waters resulting in a violation of the following Water Quality Standards: 15A NCAC 02B .0201 ANTIDEGREDATION POLICY 69 Activities regulated under Section 404 of the Clean Water Act (33 US.C. 1344) which require a water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be evaluated according to the procedures outlined in 15A NCAC 2H.0500. Activities which receive a water quality certification pursuant to these procedures shall not be considered to remove existing uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H.0506(c) (1)-(5) in determining the potential impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H.0231. 15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS (1) Best Usage of Waters: shel f shingfor market purposes and any other usage specified by the "SB"or "SC" classification; (2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological standards as adopted by the Commission for Public Health and shall be suitable for shellfsh culture. Any source of water pollution which precludes any of these uses, including their f mctioning as PNAs, on either a short-term or a long- term basis shall be considered to be violating a water quality standard; 15A NCAC 02B .0225 OUTSTANDING RESOURCE WATERS (2) Saltwater: Water quality conditions shall be maintained to protect the outstanding resource values of waters classified ORW. Management strategies to protect resource values shall be developed on a site -specific basis during the proceedings to classify waters as ORW. New development shall comply with the stormwater provisions as specified in 15A NCAC 02H.1000. Specific stormwater management requirements for saltwater ORWs are described in 15A NCAC 02H .1007. New non -discharge permits shall meet reduced loading rates and increased buffer zones, to be determined on a case -by -case basis. No dredge or fill activities shall be allowed if those activities would result in a reduction of the beds ofsubmerged aquatic vegetation or a reduction of shellfish producing habitat as defined in 15A NCAC 031.0101(b)(20)(4) and (B), except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the designated areas or maintenance dredging for activities such as agriculture. A public hearing is mandatory for any proposed permits to discharge to waters classified as ORW.. R C OVE D 0 CT 1 1 2021 NIP SEECTION it-U 4D Vn Q:> North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405 a Hru �+o•�=��+^�w 910.796.7215 MKn Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA DWR Project #20211193 September 27, 2021 Page 3 of 3 The DMF memorandum recommended that the proposed boat basin dredging be removed from the project and the proposed docking facility be extended to span the cove and extend into the waterway to the maximum extent available to eliminate the impacts to aquatic resources and habitat. Based on the recommendations of the DMF, the DWR supports the recommendation to remove dredging from the project to avoid negative impacts to aquatic resources and to extend the docking facility. Please revise your application in accordance with the recommendations of the resource agencies. If the concerns of the resource agencies are not resolved the DWR will move to deny your application as required by 15A NCAC 2H.0506. If these concerns and recommendations are addressed to the satisfaction of the DMF, the DWR will have no objection. Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested information for the proper consideration of the application. If all the requested information is not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the DWR for approval, including a complete application package and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of all of the above requested information to the 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please contact Holley Snider at 910-796-7333 or hollev.snider@ncdenr.gov or myself at 910-796- 7218 or morella.sanchez-king@ncdenr.gov if you have any questions or concerns. Sincerely, CDmuStgne by: Tgu itiw.., xfo� for 7F141E73S6F3456... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: DMF Memo CC: Gregg Bodnar, DCM Morehead City Office -EC Tara MacPherson and Jason Dail, DCM Wilmington Office -EC Liz Hair, USACE Wilmington Regulatory Field Office -EC Maria Dunn, WRC-EC Kimberlee Harding, DMF Wilmington Regional Office -EC Greg Finch, Consultant -EC DWR 401 & Buffer Permitting Branch file — LF WiRO RE 6V D OCT 1 1 2021 PAP SECTIOM Pulls;. ®E�� North Carolina Department of Environmental Quality I Division of Water Resources `J/ Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405 .rnmrux A !lh�� omvmmewuY+m�mamn� e 910.796.7215 DocuSign Envelope ID: 36E95704-80F7-4592-B9C2-6E18294317FA D_EQ� North Carolina Department of Environmental Quality I Division of Water Resources 4::5::NO41Wilmington Regional Office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kyle Warren, c/o Andy Dortch (Land Management Group) 2. LOCATION OF PROJECT SITE: 1324 Final Landing Lane, adjacent to Middle Sound and AIWW, Wilmington, New Hanover County. Latitude: 340 16' 35.19" N, Longitude: 77045' 39.18" W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/21/2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Office— Wilmington Application Received 7/15/2021 DWR WQC Scor I Application Complete 7/26/2021 Day 30 for WOC 6. SITE DESCRIPTION: (A) Local Land Use Plan — New Hanover County Land Classification From LUP — Conservation (B) AEC(s) Involved: ES, EW, PTA Water Dependent: Yes (D) Intended Use: Private A Wastewater Treatment: Existing — Septic Planned — NA (F) Type of Structures: Existing — Planned — A bulkhead, private 4 slip docking facility, boatlift, and excavation. (G) Estimated Annual Rate of Erosion: NIA Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FIIIPD nTNFR (A) Vegetated Wetlands (shading impact) - 98 ft2 (shaded) (B) Non -Vegetated Wetlands (Open water) —16,700 ft2 -1,977 ft2 (incorporated) (C) Other — High Ground -20,000 ft2 (spoil disposal) (D) Total Area Disturbed: 38,775 ft2 / 0.89 acres (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct a new 4 slip docking facility. RECEIVED AUG 0 2 2021 DCM-MHD CITY 1324 Final Landing Lane, Warren, Kyle Page Two 9. PROJECT DESCRIPTION The project site is located at 1324 Final Landing Lane in Wilmington, adjacent to Middle Sound and the Atlantic Intracoastal Waterway (AIWW), in New Hanover County. The property is accessed by heading north toward Porters Neck on Market Street (Hwy 17). Turn right onto Porters Neck Road and travel approximately 0.9 miles to the traffic circle and take your first exit onto Edgewater Club Road. Travel approximately 1.3 miles on Edgewater Club Road and take a slight left into Final Landing Lane after the sharp left curve. Travel approximately 480' and turn right onto a dirt road that services 1318, 1320, and 1322 Final Landing Lane. The subject property is at the end of the road. The 1.82 acre property is adjacent to Middle Sound and the AIWW near the mouth of Little Creek in the Porters Neck area of New Hanover County. The parcel has culverted access across a drainage feature to an existing single-family residence on pilings. The adjacent properties are also single-family homes. Elevation ranges from approximately 0-15' above normal high water (NHW) with upland vegetation primarily consisting of natural coastal shrub/scrub species, The parcel has approximately 118' of shoreline that descends from the highground quickly into a narrow band of high marsh with vegetation including sea oxeye (Borrichia frutescens) and spike grass (Distichlis spicata) and then gives way to low marsh dominated by saltmarsh cord grass (Spartina a@emaBora). A drainage feature runs along the north side of the residence where it meets a small tidal cove surrounded by coastal wetlands with the exception of a narrow sandy accessway to the mouth of Little Creek. The sandy accessway is able to exchange water during high tide but is dry during a normal low fide. State Permit 76-95 was issued on June 12,1995 authorizing §404 wetland fill in association with the construction of the house. State Permit 76-95 expired on December 31, 1998. There is no existing docking facility or other water dependent development on the parcel. Water depths in the cove range from -3 to -15" normal low water (NLW), the elevation of the sandy accessway from Little Creek into the cove is shoaled to approximately +8" NLW based on the DCM site visits, and the depths of the adjacent Little Creek channel range from -6" to -36" NLW. The adjacent property to the north, 1330 Final Landing Lane was issued State Permit 42-18 on May 10, 2018 for a docking facility and excavation under the proposed slips out to the AIWW federally maintained channel. The applicant's proposal would overlap the previous excavation performed under State Permit 42-18, expiring on December 31, 2021. A copy of State Permit 42-18 and the permit drawing is included with Appendix B. No other permit history was found. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at the property as Conservation. The waters of the AIWW and Middle Sound in the vicinity of the project area 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 CLOSED to the harvest of shellfish, PROPOSED PROJECT The applicant proposes to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct a new 4 slip docking facility. The applicant proposes to install a 470' bulkhead 1' landward of §404 and coastal wetlands. The proposed bulkhead would run from the southern property boundary north along the AIWW and then wrap back toward the west around the home along the drainage area to the culvert. Bulkhead stabilization is proposed for both sides of the culverted driveway. Additionally, the applicant proposes to construct a docking facility within the cove that includes a 6' by 139' fixed pier with a terminal 12' by 12' gazebo positioned on the north side of the fixed pier (see Narrative). Approximately 16.3' of the fixed pier would be over coastal wetlands. A U-shaped floating dock would be positioned slightly north of RECEIVED AUG 0 2 2021 1324 Final Landing Lane, Warren, Kyle Page Three the fixed pier within the cove accessed by a ramp that would extend north from the fixed pier parallel to the shoreline. The U-shaped floating dock would have two (2), 6' by 48' finger piers positioned perpendicular to the shoreline, connected by a 6' by 26' dock positioned parallel to the shoreline. A 13' by 13' boatlift is proposed to be positioned on the outside of the southern 6' by 48' finger pier (see drawing 3 of 5). The docking facility adheres to the eight square -foot rule and would extend approximately 1 15'into the cove waterbody. The Division of Coastal Management (DCM) has determined that the width of the waterbody would extend out to the AIWW, which ranges from approximately 625-900' wide; the structure would therefore meet the % width rule. The proposed structures would not encroach into either adjacent 15' riparian corridor setback. In support of the proposed slips the applicant is proposing new excavation within the cove and maintenance excavation of the AIWW access channel a minimum of 10' away from any coastal wetlands. The proposed new excavation footprint for the boat basin measures approximately 70' wide and between 75'-100' in length (-7,000 ftz) to a depth of 4' NLW. The new excavation of the sandy shoal connecting the cove to the Little Creek access channel measures approximately 12' by 90' (-1,080 ftz) to a depth of 4' NLW. The proposed maintenance excavation of the mouth of Little Creek to the federally maintained AIWW channel measures approximately 380' in length by 20' in width (7,600 ftz) to a depth of -4 NLW most recently authorized through State Permit # 42-18, issued to the north adjacent property owner, Dennis Duke. According to the applicant the proposed excavation would impact a total of approximately 16,700 ftz of shallow bottom with approximately 1,500 cubic yards (CY) of material removed using bucket -to -barge methods. The excavation spoil would be placed above NHW in a 20' x 10' area on the Northeast New Hanover County Conservancy spoil island, DA-228, outside of the USACE right-of-way. A consent to cross agreement would be obtained by the hired contractor if necessary to cross USACE property to access the disposal location. During the May 24a, 2021, onsite scoping meeting with the NC Division of Water Resources and the agent no areas of submerged aquatic vegetation (SAV) were noted, a few living clams were identified but no extensive shellfish beds were identified in the project area. 10. ANTICIPATED IMPACTS The project area consists of open water, Estuarine Shoreline, shallow bottom, and highground impacts. As proposed, the new bulkhead would be placed on the highground, 1' landward of the coastal wetland line. The new docking facility would result in the incorporation of approximately 1,977 ftz of Public Trust Area and Estuarine Waters and shading of approximately 98 ftz of coastal wetland. The proposed excavation would result in a total of 16,700 ftz of shallow bottom impacts, approximately 8,080 ftz of which would be new excavation and approximately 7,600 ftz of which would be maintenance excavation. There would be no encroachment of the15' riparian setback, pier headline, or % width. There appear to be no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: July 29, 2021 Office: Wilmington RECEIVED AUG 012021 DCM-MHD CITY 4LMG 6 owi ri .,., July 26, 2021 TO: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 1324 Final Landing Lane, Kyle Warren CAMA Major Permit Application Request Katharine, Please find enclosed an updated CAMA Major Permit application and supporting materials for the 1324 Final Landing Lane project located on Final Landing Lane, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards are included. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, 1 i Andy Dortch Land Management Group RECEIVED JUL 2 6 20�1 DCM WILMINGTON, NC Enclosure: Updated CAMA Major Permit Application Package; (Fee Check delivered July 15, 2021) cc: Kyle Warren w .lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 AUG 0.2 2021 DCM-MHD CITY 4. DCM MP-1 Section 6.0 Additional Information 4.1 Section 6. a. Project Narrative 4.1.1 Project Location and Existing Conditions The project is adjacent to the Intracoastal Waterway at 1324 Final Landing Lane near the Figure 8 Island Bridge, New Hanover County. There is a single-family residence currently located on the property. There are no piers or docking facilities currently located on the property. Permit number 42-18 was issued to adjacent landowner Dennis Duke on May 10, 2018. The adjacent permit authorized a 4-slip docking facility with basin and channel dredging to -4' below normal water level. Onsite Normal High Water and Coastal Wetland lines were determined by 1-MG and approved by DCM on January 22, 20201. Outer edge of marsh line was determined through aerial photography by Land Management Group. See Appendix A for details. Waters in the project area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area. 4.1.2 Proposed Action Installation of an -470' bulkhead is proposed 1' inside the coastal wetland line. The bulkhead will be 1' wide and composed of vinyl naval style sheet pile. There is no additional upland work proposed on the property. The applicant proposes installation of a 139' long by 6' wide fixed pier with attached 12' wide by 12' long covered gazebo. The fixed pier would shade approximately 98 square feet of coastal wetlands and be constructed a minimum of 3' above existing grade. Also proposed is a'U' shaped floating dock with two fingers measuring 6' wide by 48' long, connected by a 6' wide by 26' long section. The 'U' shaped floating dock will contain a total of 4 slips, (1)13' x 13' boatlift and 3 wet slips. After meeting with DCM and DWR staff on May 24, 2021, the proposed floating dock fingers were reduced from 53' long to 48' long to minimize the dredge footprint. Due to insufficient water depths at the proposed floating dock and access channel, dredging to -4' MLW is proposed at least 10' away from Coastal Wetlands. After meeting with DCM and DWR staff on May 24, 2021, the proposed basin and access channel dredging area was reduced from -9,670 square feet to -7,779 square feet (-70' x -100' basin = 7,000 sq ft and -12' x -90' access channel =1,080 sq ft). The entire proposed dredging area including access to the ICWW is-16,700 square feet. Dredging will generate approximately 1,500 cubic yards of spoil material. Bucket -to -barge excavation is proposed, and the excavated material will be placed on DA-228 outside of the USACE right-of-way along and adjacent to the existing dike. It is understood that if the contractor intends to cross the USACE right-of-way to place spoil material, a consent agreement must be obtained. See Appendix A and C 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 2 6 202? DCM WILMIN TON NC Application for Major Development Permit —July 2021 1324 Final Landing Lane RECEIVED Wilmington, New Hanover County, North Carolina 12 AUG 0 2 2021 DCM-MHD CITY 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL I. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) n/a 1324 Final Landing Lane Applicant 1: First Name MI Last Name Kyle Na Warren Applicant 2: First Name MI Lost Name n/a Na Na N addiaorral applicants, phase affach an addlbnal page(s) with names listed. Mailing Address PO Box City State Na 11371 Wilmington NC ZIP Country Phone No. FAX No. 28404 USA 252-473-7014 Na Street Address fN dllrerent from above) City State ZIP Project street address: 1324 Final Landing Lane VVamington NC 28411 Email Kyle(dloffthehookys com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Andy Na Dortch Agent/ Contractor 2: First Name MI Last Name Greg Na Finch Mailing Address PO BOX qty state 3805 Wrightsville Avenue, Suits 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-Mi axe. Na Na ext. Na FAX No. Contractor i 910452-0060 n/a Street Address (Ndffkrerx from above) City State ZIP NA Email adortchA,)lmgrouo.net, gfinchCdlmgroup.net Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina fittiC1VI:W 2 B 2021 DCM WILMINGTON NC RECEIVED AUG 0 2 2021 DCM-MHD CITY I Project Location County (can be multiple) Street Address State Rd. # New Hanover 1324 Final Landing Lane n/a Subdivision Name City State Zip Na Wilmington NC 28411 Phone No. Lot No.(s) (#many, attach eddiblonal page with Ilst) n/a NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW c. Is the water body identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yea []NO work falls within. New Hanover County 4. Site Deschptjon a. Total length of shorellne on the tract (ft.) b. Size of entire tract (sq.ft.) 118' @ NHW 1.82 +/_ acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high watet) or n/a NWL (normal waterlevej (if many lot sizes, please attach additional page with a list) 0-15, ®NHW or ❑NWL e. Vegetation on tract Typical coastal shrubs, trees, and grasses exist on the tract. f. Man-made features and uses now on tract There is a single-family residence located on the tract. There are no piers or docking facilities located on the property. g. Identify and describe the existing land uses adiii to the proposed project she. Coastal Marsh, Residential homes and docking facilities. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-20S (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 If yes, by whom? I. Is the proposed project located in a National Registered Historic Dlstdcl or does it Involve a National ❑Yes ®No ❑NA Register listed or eligible property? 11—VF1♦VL/ JUL 2 6 2021 Application for Major Development Permit —July 2021 1324 Final Landing Lane RECEIVED Wilmington, New Hanover County, North Carolina 2 AUG 0 2 2021 DCM-MHD CITY M. (i) Are there wetlands on the site? ®Yes []No (it) Are there coastal wetlands on the she? Well ❑No (i) If yes to either (i) or III) above, has a delineation been conducted? ❑Yes ONO (Attach d6cumentaf7on, if available) NHWAND COASTAL WETLAND LINES DELINEATED BY LMG AND APPROVED BY DCM ON JANUARY22, 2021. OUTER EDGE OF MARSH LINES WERE DETERMINED THROUGH AERIAL PHOTOGRAPHY. n. Describe existing wastewater treatment facilities. Septic o. Describe existing drinking water supply source. Municipal P. Describe existing storm water management or treatment systems. None 5. Act/vides and Impacts a. NAZI the project be for commercial, public, or private use? ❑Commercial ❑Pubhc/Govemmerd OPrivatefCommunity, b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes installation of a bulkhead, dredging, installation of a fixed pier, covered gazebo, floating docks and boatlift. The purpose of the project is to stabilize uplands and provide waterway access to the residential property. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bucket -to -barge dredging is proposed for the current event. Hydraulic dredging may be used for future maintenance events if an approved spoil location can be identified. Typical bulkhead, pier and dock construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. Installation of an -470' bulkhead is proposed V inside the coastal wetland line. The bulkhead will be 1' wide and composed of vinyl naval style sheet pile. There is no additional upland work proposed on the property. The applicant proposes installation of a 139' long by 6' wide fixed pier with attached 12' wide by 12' long covered gazebo. The fixed pier would shade approximately 98 square feet of coastal wetlands and be constructed a minimum of 3' above existing grade. Also proposed is a'U' shaped floating dock with two fingers measuring 6' wide by 48' long, connected by a 6' wide by 26' long section. The'U' shaped floating dock will contain a total of 4 slips, (1) 13' x 13' boaflift and 3 wet slips. After meeting with DCM and DWR staff on May 24, 2021, the proposed floating dock fingers were reduced from 53' long to 48' long to minimize the dredge footprint. Due to insufficient water depths at the proposed floating dock and access channel, dredging to 4' MLW is proposed at least 10' away from Coastal Wetlands. After meeting with DCM and DWR staff on May 24, 2021, the proposed basin and access channel dredging area was reduced from -9,670 square feet to -7,779 square feet (-70' x -100' basin = 7,000 sq it and -12' x -90' access channel = 1,080 sq ft). The entire proposed dredging area including access to the ICWW is-16,7D0 square feet. Dredging will generate approximately 1,500 cubic yards of spoil material. Bucket -to -barge excavation is proposed, and the excavated material will be placed on DA-228 outside of the USACE right-of-way along and adjacent to the existing dike. It is understood that if the contractor intends to cross the USACE right-of-way to place spoil material, a consent agreement must be obtained. See Appendix A and C for details. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? q.Fl or ❑Acrak Kt fi -470 Sq.Ft or Acres bulkhead installation g. Will the proposed project encroach on ary public easement, public accessway or other area []Yes ONo ❑NA that the public has established use o% vcv .9''z 1 Application for Major Development Permit -July 2021 1324 Final Landing Lane JUL 2 6 2p i RECEIVED Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC AUG 0 2 2021 DCM-MHD CITY h. Describe location and type of existing and proposed discharges to waters No new discharges. I. Will wastewater or stonnwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No []NA If yes, attach a mitigation proposal. 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) — (tJ are always applicable to any major development application. Please consult the application instruction booklet on how to propedy prepare the required Hems below. a. A project narrative. b. An aceurete, dated work plat (including plan view end cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly 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 dead (with state application only) or other instrument under which the applicant Claims 8lle to the affected properttes. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (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 Divislon of Coastal Management. Name DUKE DENNIS CAROLYN Phone No. NA Address 1330 FINAL LANDING LANE, WILMINGTON NC 28411 Name HARREN JAMES C JACQUENINE B Phone No. NA Address 1457 EDGEWATER CLUB DR, WILMINGTON NC 28411 Name Phone No. NA Address g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, pennittee, and Issuing dates. rva h. Signed consultant or agent authorization form, if applicable. 1. Weiland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property oanei) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves expenditure of public funs or use of public lands, attach a statement documenting compliance with the North Carolina Envronmental Policy Act. RECEIVED JUL 2 6 2021 Application for Major Development Permit —July 2021 DCM WILMINGTQN, NQ 1324 Final Landing Lane RECEIVED Wilmington, New Hanover County, North Carolina 4 AUG 02 2021 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: July 26, 2021 Print Name: Andy Dortch Agent Land Management Grouo I Signature _ Please Indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Informatlon ❑DCM MP-S Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information IRECEIVEL) DCM WILMINGTON, NC Application for Major Development Permit —July 2021 1324 Final Landing lane DECEIVED Wilmington, New Hanover County, North Carolina 5 AUG 0 2 2021 DCM-MHD CITY 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Canal Boat Boat Rock Rock Other (excluding (NW or Basin Ramp Groin Breakwater shoreline stabilization) Length —500' —75 -100' Width —12 - 20' —70' Avg. Existing Depth -1.5' NLW 0,5' NLW NA NA Final Project Depth 4' NLW -4' NLW NA NA 1. EXCAVATION ❑This sect on not applicable a. Amount of material to be cubic yards. —1,500 cu yd or NWL in It. C. 0) Does the area to be excavated include coastal wetlandslmarsh (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 (ii) Describe the purpose of the excavation In these areas: NA excavated. Sand d. High -ground excavation in cubic yards. None 2. DISPOSAL OF EXCAVATED MATERIAL ❑ This section not appkable a. Location of disposal area. b. Dimensions of disposal area. DA 228, outside USACE ROW adjacent to existing dike. See 200' x 100', upland portions adjacent to DA 228 and existing Appendix C. dike. See Appendix C. C. (1) Do you claim title to disposal area? a. (I) Will a disposal area be availatxe for future maintenance? ❑Yes ®No ❑NA ®Yes ❑No ❑NA (it) If no, attach a letter granting permission from the owner. (il) If yes, where? See Appendix C. Same location. e. (I) Does the disposal area include any coastal wedands/marsh (CW), submerged aquatic vegetation (SAX), shell bottom (88). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (11) Describe the purpose of disposal in these areas: NA. f. (1) Does the disposal include any area in the water? []Yea ONO ❑NA (11) If yes, how much water area is affected? RECEIVED JUL 2 6 2021 Application for Major Development hermit —July 2021 RECEIVED QQM MWINGTON, NO 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina 6 AUG 02 2021 DCM-MHD CITY 3. SHORELINE STABILIZATION []This section not applicable (If development is a wood groin, use MP-4 - Sbuctures) a. Type of shoreline stabilization: It I ennth -tin' ®Bulkhead ❑Riprap ❑Breakwater/Sill [Jother: c. Average distance waterward of NHW or NWL: 0 e. Type of stabilization material: Vinyl naval style sheet pile g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Souroe of fill material. Sand mine or other upland source Width: l' d. Maximum distance waterward of NHW or 1 0 f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ®NA (i) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. sand 4. OTHER FILL ACTIVITIES ®This section not applicable (FxcWding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ONO ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), It yes, (il) Amount of material to be placed in the water (iiq Dimensions of fill area (iv) Purpose of fill 5. GENERAL suumergee aquatic vegetation (snv), snen oottom (sw. or other wetlands (VW)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (It) Describe the purpose of the fill in these areas: NA a. How will excavated or fill material be kept on site and erosion It. What type of construction equipment will be used (e.g., dmgline, controlled? backhoe, or hydraulic dredge)? Typical erosion control measures (silt fence, etc.). Dredge spoil will Typical dock construction and bucketto barge equipment, backhoe, be placed along and adjacent to the existing diked disposal area excavator, barge and bobcat/bulldozer. outside the USACE ROW on DA 248. See Appendix C. c. (I) Will navigational aids be required as a result of the project? It. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ONO ❑NA site? ❑Yes ONO ❑NA (it) If yes, explain what type and Ixmr they will be implemented. (ii) It yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA July 26, 2021 Do, 1324 Final Landing Lane Pwpxt Name RECEIVED Andy Dortch, Agent Land Management Group Applicant Name A� Applimot Sgrm DCM-MHD CITY Application for Major Development Permit -July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina - 7 ACM WILMINGTON, NC 3. 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 pier(e) (Iq Number 2 proposed 011) Length 139' ; 26' (iv) Width (v) Floating []Yes NNo e. (1) Are Platforms included? NYes []No If yes: (ii) Number 1 proposed covered aazebo (III) Length 12' (Iv) Width 12' (v) Floating []Yes NNo Note: Roofed areas are calculated from dnpline dimensions. g. (I) Number of slips proposed 4 (Ig Number of slips existing 4 1. Check the proposed type of siting: ❑ Land cut and access channel NOpen water, dredging for basin and/or channel ❑Open water, no dredging required []Other; please describe: k. Typical boat length: 101040' m. (g Will the facility have lie pilings? []Yes NNo (it) If yes number of tie pilings? Application for Major Development Permit —July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina ❑This section not applicable b. (i) Will the facility be open to the general public? []Yes NNo d. (1) Are Finger Piers Included? NYes [:]No If yes: (ii) Number 2 proposed (III) Length 48' : 48' (Iv) Width 6', 6' (v) Floating ®Yes []No (i) Are Boatlifts included? NYes []NO If yes: (II) Number 1 proposed (iig Length 13' (IV) Width ,)2 h. Check all the types of services to be provided. ❑ Full service, Including travel Ill and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies N Dockage (Wet slipsl only, number of slips: 3 proposed wet slips ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: N Other, please describe: 1 proposed boatlift j. Describe the typical boats to be senred(e.g., open runabout, charter boats, sail boats, mixed types). Open runabout and sportfishing vessels I. (i) Will the facility be open to the general public? ❑Yes NNo RECEIVED AUG 0 2 2021 DCM-MHD CITY !RECEIVED JUL 2 6 iJ°i DCM WILMINGTON, NC 8 Z DOCKING FACIUMAWARINA OPERATIONS N71fiis seclion not applicable a. i,1. aeon rn me Tonowlrg sanitary Tacloues that will be included in Vie proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number, ❑ Showers ❑ Boatholding tank pumpouC 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. (1) Give the location and number of "No Sewage Discharge' signs proposed. III) Give the location and number of "Pumpout Available" signs proposed. I. 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? It. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fu"andling 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 manna, what types of services are currently provided? M. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes []No n. Is the marinaldocking facility proposed wtthin or adjacent to any shellfish harvesting area? ❑Yes []NO o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandslmarsh (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 ❑t% _ []None P. Is the proposed marinaidocking facility located within orwlthin close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. RECEIVEC Application for Major Development Permit — July 2021 VW VVILMINQTC)N, NG 1324 Final Landing Lane RECEIVED Wilmington, New Hanover County, North Carolina g AUG 0 2 2021 DCM-MHD CITY 3. BOATHOUSE (Including covered Ift) ®This section not applicable a. (i) Is the boathouse structures): ❑Commercial ❑Public/Govemment ❑Private/Community n Number 011) Length (Iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetl etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a_ Length b. Average distance from NHW, NWL, or wetlands C. Maximum distance beyond NHW, NVJL or wetlands 16. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(sy ❑Commercial ❑Pubtic(Govemmea ❑Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, ifprasem. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of sttucture(s) to adjacent riparian property lines b. Proximity of slruclum(s) to adjacerd docking facillUm. 25' South; 22 North -50' South; -78' North Note: For buoy or mooring piling, use arc of swing including length of vesse/. c. Width of water body -750' c. (1) Will navigational aids be required as a result of the project? Dyes ONO ❑NA (it) If yes, explain what type and how they will be implemented. N/A d. Water depth at waterward and of structure at NLW or NWL -0.7' Below NLW RECErvED JUL 2 6 2021 TON, NC Application for Major Development Permit -July 2021 1324 Final Landing Lane Wilmington, New Hanover County, North Carolina RECEIVED 10 AUG 0 2 2021 8. OTHER ® This section not applicable a. Give complete description: July 26, 2021 Date 1324 Final Landing Lane Project Name Andy Dortch, Agent Land Management Group Applicant Name 44 Do%" Apph.t Signature RECEIVED 1LL 2 6 2021 4CM WILMINGTON, NC Application for Major Development Permit —July 2022 1324 Final Landing Lane RECEIVED Wilmington, New Hanover County, North Carolina 11 AUG 02 2021 DCM-MHD CITY Appendix C — Spoil Disposal Location and Spoil Disposal Permission Letter RECEIVED JUL 2 6 DCM WILMINGTON, NC RECEIVED AUG 0,2 2021 DCM-MHD CITY EXISTING PRIMARY ACCESSWAY I* Approrirnately 170'wiNin USA[E Ea ement Area MARITECH a 3v 444 XV EXISTING SECONDARY ACCESSWAY r� �o f �y tiE USACE DA 228 PROPOSED AREA OF DISPOSAL i' r ivate Vrope rry K.,I h.. dew Han over Cnn: ervarxy Approximate Mea - 2W' a 1W' "IRM 1324 Final Landing Dredging bushardt <bushardt@bellsouth.net> To: "Dortch, Andy" <adortch@lmgroup.net> Cc: Greg Finch <gfinch@lmgroup.net> Dortch, Andy <adortch@Imgroup.net> Tue, Jul 13, 2021 at 2:04 PM Andy, You have permission to use our dredge spoil island. The spoile must be sandy with shells but not marsh mud. Thanks you, Paula Bushardt President NENHC On Tuesday, July 13, 2021, 09:34:55 AM EDT, Dortch, Andy'<adortch@lmgroup.net> wrote: Greetings Paula, we hope all is well. We are writing to request authorization for disposal site use in association with the 1324 Final Landing Road Project. Specifically, we request a one time authorization to place approximately 1,500 cubic yards of dredge spoil derived from the ICW W. A site location and plan view drawings are attached. If agreeable, an emailed response granting authorization will suffice for permitting purposes. Thank you, and let us know if you have any questions. Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP a w fflVf cnmp.m, RECEIVED AUG 0 2 M I RF-CEIVED ,IUL 2 6 DCM WILMINGTON, NC DCM-MHD CITY Pietila, Tanya K From: Elks, Katharine B Sent: Thursday, July 29, 2021 10:42 AM To: Pietila, Tanya K Subject: FW: [External] Re: 1324 Final Landing Hi Tanya, Please proceed to process the 1324 Final Landing major permit application for Kyle Warren. The submerged land claim issue was cleared up by Christy below. If you are in the office today would you print this and include it in the file? Otherwise I will add it tomorrow. Thank you! Katharine Elks From: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Sent: Thursday, July 29, 202110:29 AM To: Nicely, Margaret S <Margaret.Nicely@ncdenr.gov>; Dortch, Andy <adortch@lmgroup.net>; Finch, Greg <gfi nch @ I m gro u p. nct> Cc: Elks, Katharine B <katharine.elks@ncdenr.gov> Subject: RE: [External] Re: 1324 Final Landing There is a recognized submerged lands claim at 1330 Final Landing Lane shown on the DMF's submerged lands claims GIS layer. The declaration for O.R. Piner and Jessie M Piner is recorded at 1459/1719 and the recognized area is that covered in the deed at 378/324. The NH Gis doesn't show a tax parcel for the submerged lands, however, (like they do to the two lots to the north, but the DMF claims map only has a claim for 1469 Final Landing and not 1465 Final Landing), so that's odd. The deed that Andy sent from Piner to Duke appears to convey the submerged lands area as well as Lot 8, so an additional notice is not needed to Duke, beyond the notice to them as the ARO of the upland. Thanks! From: Dortch, Andy [mailto:adortch0mgrouo.netl Sent: Thursday, July 29, 20219:24 AM To: Goebel, Christine A <Christine.Goebel(@NCDENR.GOV> Cc: Elks, Katharine B <katharine.elksCrancdenr.rtov>; Finch, Greg <gfinch@lmgrouo.net>; Nicely, Margaret S <Marga ret. NIceIy0 ncdenr.gov> Subject: Re: [External] Re: 1324 Final Landing CAUTION: External email. Do not click links or open, Beoori.5oam. I believe this is the property in question. 1330 Final Landing Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 RECEIVED AUG 0 2 2021 DCM-MHD CITY On Thu, Jul 29, 2021 at 9:07 AM Goebel, Christine A <Christine.Goebel(a),ncdenr.gov> wrote: Andy - Submerged lands which were recognized through the claim process are not required to be transferred with an upland parcel —they, like any property, can be transferred as a seller wishes together or separately. However, the owner of the riparian upland and the nearby recognized submerged lands claim often (but not always) are transferred as part of one transaction. Riparian rights on the other hand cannot be severed from the riparian upland, but are a different type of right than private ownership of the bottom. If someone has a deed(s) they would like me to review, I am happy to take a look. Christy From: Dortch, Andy [mailto:adortch@lmgroup.netl Sent: Thursday, July 29, 20218:57 AM To: Elks, Katharine 8 <katharine.elks@ncdenr.gov> Cc: Finch, Greg <gfinch@lmgroup.net>; Goebel, Christine A <Christine.Goebel ANCDENR.GOV>; Nicely, Margaret S <Margaret.N icely@ ncdenr.¢ov> Subject: [External] Re: 1324 Final Landing as an attachment to Katharine, we have encountered this situation before. It is our understanding after speaking with Margaret Nicely (copied) that the submerged land claim conveys with the parent property during a sale. In this case Piner sold to Duke who has already been notified. Anyone please chime in if our understanding is incorrect and we can certainly notify - just need an address. thank you Andy Dortch I Environmental Scientist (PM) and Safety Manager Land Management Group I Environmental Consultants (RECEIVED AUG 02 2021 DCM-MHD CITY 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP A DlYEY* con qNM On Thu, Jul 29, 2021 at 8:28 AM Elks, Katharine B <katharine.elks(n�ncdenr.¢ov> wrote: Hi Andy and Greg, I'm wrapping this Field Report but it was brought to my attention that there is a submerged land claim owned by Ottie Piner within part of the maintenance dredge access channel. We need to notify him/her or the current owner. Send me the receipt when you have it. Piner, Ottie R. OBJECTID_1 155 PID R03719-002-015- 000 COUNTY New Hanover acre 1 OCName Piner, Ottie R. Thanks, Katharine Katharine Elks Field Representative - Wilmington Regional Office RECEIVED S AUG 0.2 2021 DCM-MHD CITY NC Division of Coastal Management Department of Environmental Quality (910)796-7424 127 Cardinal Drive Ext Wilmington, NC 28405 --'Nothing Compares, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DECEIVED AUG 0 2 2021 t)CIA-MHD CITY Hook 6433 Page 2315 BK: RU 6433 PG: 2315-2317 as oeo 2021017174 otMMI NEW HANOVER COUNTY, TAMMY PaWSCM pyg{ R&M. MATE 10E9:9 AM IIEp0iF11 pr pGEOe EMXS109].m ar..wrcru tHguMi uervry ELEC1gplrµtYRECCgDED prermed by k Reto n b: 1. C. Hearne, ll Excise Tax: $1062.00 Parcel Identifier No.: R03719-1102-020-000 _ If initialed, the property includes the primary residence of at least one of the Grantors otharwise note as N/A. (Per NC GSg 105-317.2) Brief dewniltion for the index: I I.ot 7, Edgewater —� NORTH CAROLINA GENERAL WARRANTY DEED A+ THIS DEED made this &D da of N 2021 b and between _ GRANTOR GRANTEE JASON RUEGG, KYLE MICIIAEL WA RREN, unmarried unmarried Mailing Address: 6452 Shiwo,.w Rd. Property Address: 1324 Final Landing Lane, 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 YP�ESSETH- NOW, THEREFORE Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in New. Hanover County, North Carolina and more particularly described as follows: EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. The property hereinabove described was acquired by Grantor by instrument recordeiR ECE IVE D RECEIVED in Book 6398 at Pagc(s) 914, submitted electronically by b.c. Hearne, 11, Attorney at raW" JUL 2 6 ?vi AUG 02 2021 in or ante With North Carollna statutes governing recordable &cuwents and the terms of the submitter aoreement M1th the New Hanover County Register of Dear. DCM-MHD CITY ACM WILMINGTON, NC aeok 6433 Page 2316 If any, by acceptance of this Deed, Grantee shall be a member of the Owners Association, and shall abide by all rules and regulations of the Association specifically including; payment of all assessments when due. Failure to pay such dues may result in liens being placed against the property and could result in foreclosure. 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 Cramer covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons Whomsoever except for the exceptions hereinafter stated. Title to the propetyy hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2021 and subscqucm years. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate dame by its duly authorized officer by authority ofiLs Board of Directors, the day and year first above written. C : a �_(SEAL) STATE OF North Caroline _ COUNTY OF New Hanover 1, a Notary Public of the County and State aforesaid, certify that Jason Ruegg. Gramor(s), personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of March, 2021. MICHELLE SULLIVAN NO' ry Public. North Carolina No. Nano.ar County My Commia•ion Explraa S• Nmber 27. 2a2a ((1fciol Scal) `l`/%G 1 n4I%J ,1 J /flti�'L Slgnopyrc oj.Norary pxlrl -P l(JVJ/P !�Y, Il.14r., Notary's printed or typed name My commission expires: 09/27/2025 RECEIVED AUG 0 2 2021 Reef-NED JUL 2 6 2021. DCM WILMMGT01 NC DCM-MHD CITY Hoot 6433 pay. 2317 "EXHIBIT A" BEING all of Lots 7 including the mash land or sound immediately in from Enid Lot 7 as shown on lb, CeX'al map of Edgewater Subdivision, made by 1.L Burton, Civil Pause in July, 11,26. and of recorded in the (Mice Of the Register of Deeds in and for New Hanover County, North Carolina, in Book of Map 2, at PBV 113 to which map reference is herein made for a more paniculm description, TOGETMM WITH a right of way aver ad through Lot #12 as shown an plat; the said lot extending from 130 thirty fool read in a &esh water take. TOGETHER WnW easement is favor of Lot 7 and over Lot 8 fw the ptopoae of installing a sewer line, septic tank, and drain field and described mere particular as (allows: Beginning at a point m the northern line of Lot 7, said Point bang located North 50 deg. West 420 feel from the southeaak corner of Lot 8 and the northeast triter of Lol 7, Ihenta: from said point, North 31 deg. Fast 81 feat; theme North 60 deg. Wear 50 feet; thence South 30 deg. West 25 feet; thence South 60 deg. East 40 feet; thence South 30 deg. West 56 feet to the north line of Lot 7, thence with the wrthern line South 60 des. Feat 10 fool to the point of beginning. Lass and except all Nose parcels of land conveyed in Cccd Bonk 3690, page 322; Book 4592, page 732; and Book SM. Page 2305 The improvements thereon being commonly known u 1324 Firth Landing Road, Wilmngton NC 28411. Being the same lot or parcel of ground which by Dead dared Febtuary 14, 1995 end remrdad a ,,g the Land Reewds of New Hanover Cmry, StateefNorth Carolina, in Boob 1855, page 373 was granted rood Conveyed by and between kssie M. Pinar, unto Michael R. Pine and wife, lean Piney. Together with iat{rovemrnn located thereon; acid property being lucatod a 1324 Real Landing Ln, Wilmington, NC 2941 t North Carolina RECEIVED RECEIVED JUL 2 6 202i AUG 02 2021 DCM WILMINGTON, NC DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Kyle Warren Mailing Address: PO BOX 11371 Phone Number: Email Address: Wilmington NC 28404 252-473-7014 Kyle @offthehookys.com I certify that I have authorized Land Management Group Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessaryfor the following installation of fixed pier with g proposed development: covered gazebo, floating docks and boat lift, dredging, bulkhead at my property located at 1324 Final Landing Lane Wilmington NC 28411 in New Hanover —Coun ty. l 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: zA aee 2#aVW'* Signature Kyle Warren Print or Type Name Title 7 14 2021 Date This certification is valid through 12 t31 12022 RECEIVED AUG 02 2021 DCMI-MHD CITY (RECEIVED JUL 2 6 2i, DCM WILMINGTON, NC tLMG �tG a DALIF4 company July 14, 2021 DUKE DENNIS CAROLYN 1330 FINAL LANDING LANE WILMINGTON, NC 28411 To Whom It May Concern: Kyle Warren is applying for a CAMA Major Permit for development activity on the property located at 1324 Final Landing Lane, New Hanover County, North Carolina. The spedfIcs of the proposed work are shown In the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project Please review the attached permit application and drawings. Appendix B and C may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortchOlmorouo.net Sincerely, Andy Dortch, Agent Land Management Group Enclosures NECEIVED JUL 2 6 2021 DCM WILMINGTON, NC v .lmgroup.net . Phone: 910.452.0001 . Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Nlmington, NC 28403 AUG 0 2 2021 DCM-MHD CITY 4LMGMG a DS company July 14, 2021 HARREN JAMES C JACQUELINE B 1457 EDGEWATER CLUB DR WILMINGTON,NC 28411 To Whom It May Concern: Kyle Warren Is applying for a CAMA Major Permit for development activity on the property located at 1324 Anal Landing Lane, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B and C may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Katharine Elks North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the applicabon. 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, Andy Dortch, Agent Land Management Group Enclosures RECEIVED JUL 2 6 20"I QCM WILMINGTON, NC wwwArngroup.net. Phone: 910.452.0001. Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED AUG 0 2 9021 DCM-MHD CITY ■ Complete Items 1. 2, end 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ ptmcn this card to the back of the marploos, or on the front If space permits. `1. Anide Addrened to Y'(l\fi to �Q JAt.L,Men�n-J�. II I IIIIII IIII III I Iil l I I II I III Ilil ll ll llll l) lil 9590 9402 6335 0296 5149 94 2. MN Number Mamferfrom servkn feraee . 71120 2450 0001 t51884NIAM111111 PS Form 3811, July 2020 PSN 75 O-020U1F M 5884 oe kD ■ ■ reverseCmrn oeu. ■ Attach this card to the beck of the mal)Piece 17vkt Oa1.r+:5 Lcvo\v\f� �a� MP•� s�F s III IINII Iill III III I I I NIII IIII I IIII I III I III 9590 9402 6335 0296 5150 07 7020 2450 0001 5r'_C`4 �03? PS Form 3811, July 2020 PSN 705u-0 Oo-B069 RECEIVED AUG 02 2021 B. WAved by (PprMteedd Nema) G. Date of 001 D. Y deliveryaddress different awn rem 11 ❑ Yee if YFS, enter dot" address below: E3 No ❑ P,b,ey ravel f:XPrM ❑ mg erw mains ❑ Repbiand Wi r�d.md O �Sinrolrw CUMlrtnelgn"' D sip elirta Gmilim,elion .. R@@slrlclad eOYvaY W Lit\) Domeasc PeWm Recelpt ; RECEIVED JUL 2 6' -' DCM WILMINGTON, NC DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER 5ecremry BRAXTON DAVIS Director Andy Dortch 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 26403 Dear Mr. Dortch: NORTH CAROLINA Environmental Quality July 29, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Kyle Warren, for State approval for development of the subject property located at 1324 Final Landing Lane, adjacent to the Atlantic Intracoastal Waterway, in New Hanover County. It was received as complete on July 26, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 9, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 26, 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, CV C-1�Ytl , CA k'— Katharine Elks Field Representative cc: Gregg Bodnar, DCM Holley Snider, DWR Kyle Warren, Applicant D Q�� USACE Christine Bouffard, LPO RECEIVED AUG 02 2921 DCM-MHD CITY North Carolina Department of EnHronmemal Quality I DiAsbn of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 m m n m m a N0T1(0*'$17j CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to construct a bulkhead, _ construct a new Private tour sin dockind facilitv a 1324 Final Landing Ln., adj. to Middle Sound in COMMk t *801 Hr 0d - AWust 26, 202-1 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Kyle Warren PO Box 11371 �~ N ming on, 127 Caromn-alr. Ext. m�ng on, Agent: Land Management Group Andy Dortch sr 424 1910) 452-0001 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Dlrecror July 30, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Kyle Warren NORTH CAROLINA EnWronmenta/Quatlty Hello: Please publish the attached Notice in the Thursday, August 5, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in thisZTPietila ould have any questions, please contact me at our Wilmington office. cc: MHC Files Gregg Rodnar — MHC USACE Support & Customer Assistance RECEIVED AUG 0 2 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Managemmt Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 oar o,�� /✓ 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 1 l3A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On July 29, 2021, Kyle Warren proposed to construct a bulkhead, perform excavation at boat basin, maintenance excavation in the connecting access channel & construct a new private four (4) slip docking facility at 1324 Final Landing Ln., adj. to Middle Sound in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7424 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to August 26, 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 & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED AUG 0 2 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Matugnnent Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28408 910.7%.7215 Major Permit Fee Schedule Project Name: � I,ai�dq�^ County:jt/F}C_ Check No&Amount: tt o /34oc� Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or $250 100% ($250) 0% ($0) open water areas: II_ Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: Ill. 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: 111(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($O) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is $400 n 60 /o ($240) 40% ($160) needed because of concems related to waterquality or aquafic 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: RECEIVED AUG 02 2021 Date Date Check From Name of Vendor Check Check Permit Rat, p Received Deposited Permit Haider Number amount Number/Comments 7/30/2021 Davey Reource Kyle Warren United 2283 $400.00 Major fee, 1324 Final Landing, KE rct. Groups, Inc. Bank Wilmington NHCO SPLIT 60/40 15728 Ck Ej c +' M c M ti o M 0 NC Division of Coastal Management Major Permit Application Computer Sheet AEC 'At W/ f v` �S/ Fee: $ # `Zb CDAITS MHC cc Applicant: At aiiry-w _ Again tractor: KL" LYE 6 Project Site County: hieIAJ h VKiI/ - - staff: "-Irkaviv_.L Elks- - Disbict: Wilmington Project Name:�rGVI&-4LOA. 0 C htJ `Ift over File: Na River Basin: kk at Initial date of application submittal: Date application "received as complete" in the Field office: Permit Authorization: ❑ CAMA ❑ Dredge & Fill oth SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes ❑No PNA: [D]Yes No Photos Taken: Yes ill No Setback Required (riparian): Qres ❑No Critical Habitat: ❑Yes o ❑Not Sure, 15 foot waiver obtained: ❑Yes W4o Hazard Notification Returned: []Yes Po SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes o ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: Yes FidN0 ❑ Not Sure Did the land use classification come Mitigation Required (optional): T- from county LUP:;jrYes [-]No ❑Yes �Rklo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: Yes ❑No DNA ❑Yes ❑No PRIA r FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or Close f -gig t+ j Pf- 2- O. I k7Q SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp-) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Sall reed grass (Spartina alternifiora) cynosuroides) ❑ PS) Salt Or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ 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 - ❑ 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or Comm w /D&F to 1 REGLIVEU acre; 4144 can be applied: DCM needs DWQ agreement - $400 �T DCM-MHD CITY Applicant: Ip v " ar�M Date T SRI �%3,1 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. -7 TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One n 11 New Work Maint [I❑ Replace Y I� N P R ` New Work Maint ❑ Replace ❑ Y 14 N [t r to / E L ' New Work Maint❑ Replace ❑Y [FIN 1 62r t7i, New Work Maint ❑ Replace ❑ Y N r -j4&-W-o-r-kjV Maint ❑ Replace ❑ Y C$N a.iD f V 'Is1 New Work Maint ❑ Replace ❑ Y IN �L New Work Maint El Replace ❑Y N t% O tt� rn �✓ 1 New Work Maint � Replace ❑ Y NrN Z0 ��f — q 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 tamp impacts) impart amount) temp impacts amount l� v\ Other Dredge ❑ Fill [IBoth [I Other _piA 4 O Dredge I Fill ❑ Both ❑ Other ❑ N 'kOD --I it. 3po t-f Dredge ❑ Fill ❑ Both ❑ Other f� I N t I }} n� }� Z Dredge ❑ Fill Both ❑ Other ❑ rr, l�"� eW, o0o Ky N Goo Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ D Dredge ❑ Fill ❑ Both ❑ Other ❑ AUG o 2 ZOZI DCM-MHD CITY 919.733.2293 :: 1-M-41RCOAST :: www.ncconstalmanagement.net revised: OZ26,18 DCM Coordinator: Gregg Bodnar County: 1\J k% Permit #:_ WIRO E-MAIL DISTRIBUTION SHEET Circle o : Bio Rep(Permit for: Oversize Plans sent: NI AC DCM Offices: —C Morehead City: PT (if oversize) via CourierN / *cc Gregg & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheets_ 'MHC documents (Gregg & Amanda) Wilmington: Original hard -copy — ONLY USACE & DWR ryviro/: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Winder & Carteret Cc): PN, CL, Reports, Split Sheet use both ngtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet reg Currey (NH/BR: PN, CL, Reports, Split Sheet --- Div of Water Resources: ✓%lolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ V��t01 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: her Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Xim Harding DCM PlannerlWiRO: _ `Mike Christenbury Cultural Resources: nee Gledhill -Earley EnvironmentalEnvironmental Review�ncdenraov Natural Heritage Prog. Rodney Butler_ DCA-Rural Eco. Dev: -- ark Ziegler NC DOT: AMvid Harris _ Wildlife Resources: Ma Dunn w/Reports State Property Office: ,4im Walton: DEED _ 4e Moser _ Wanda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: -de wny Humphrey (Bio) / n Gupton, Admin DEMLR: Christine Hall - Stormwater Section ,,Dan Sams - Land Quality Section _ Public Water Supply: Aeidi Cox City of Wilmington: K� Enforcement: v Field//Rep: Co. LPO V . Agent: DISTRIBUTED: Updated & 21 RECEIVED AUG 0 2 2021 DCM-MHD CITY CAMA/Shaun majors docsre Agency List Permit Class Permit Number NEW 42-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V e r m t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Dennis Duke, 225 S. Main Street, Fuguay-Varina, NC 27526 Authorizing development in New Hanover County adi. to a canal off the AI W W. et 1330 Fival Tanding Road Wilmington as requested in the permitue's application dated l l/l4/l7 O>�-1J mviwd ln0/is (Ism-2), 1/9/18 (NIP-3 & W-4), incl. auch'd workptan dwgs (3), Dwg 3 of 5 dated 4/15/17, & Dwgs 4-5 of 5 dated mv. 1/10118. This permit, issued on May 10, 2018 , 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 Docking Facility 1) This permit authorizes only the docks, piers, and other structures 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 expanded 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 expanded docking facility. Any sewage discharge at the expanded 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 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 fiuther Division approval. All work must cease when the permit expires on December 31, 2021 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 Chairman of the Coastal Resources Commission. V - aN � {U.< Braxton . Davis, Director Division of Coastal Management This permit and its conditions are her*'M fplpdE,, JUL 2 s ?r RECEIVED WM Wignswre of Petminee AUG 02 711 DCM-MHD CITY Dennis Duke ADDITIONAL CONDITIONS Permit No. 42-18 Page 2 of 4 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 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) This permit authorizes a maximum of 4 formalized boat slips. Docking space on the landward side of the floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the northern floating dock. 6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owners' riparian access corridors. 7) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. 8) 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. Excavation 9) Excavation shall not exceed 4' below the normal low water. In no case shall the depth of excavation exceed the depth of connecting waters. 10) No vegetated wetlands shall be excavated or filled. No excavation shall take place within 10' of any Coastal Wetlands. 11) The temporary placement of double handling of fill materials within waters or vegetated wetlands is not authorized. 12) No excavation shall take place at any time outside of the alignment indicated on the attached workplan drawings. 13) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded Coastal Wethwds behind adequate dikes or other retaining structures to prevent spillover of solids into any Coastal Wetlands or surrounding waters. 14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. RECCIVED ?ECEIVEL, JUL 2 6 ACM DCM-MHO CITY Dennis Duke ADDITIONAL CONDITIONS Permit No. 42-18 Page 3 of 4 Maintenance Clause 15) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity ofthe spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan_ U.S. Army Corps of Engineers Conditions 16) In order to further protect the endangered West Indian Manatee, Trichechus manorus, the applicant shall implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements within. The guidelines can be found at: http://www,fws.gov/nc-es/matmnal/manatee Quidelines odf. 17) In order to protect anadromous fish, no excavation or filling activities shall be permitted between April 1 and September 30 of any year without the prior approval of the U.S. Army Corps of Engineers. 18) The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, NC 29403-1343, email: SAWWeb-NAV@usace.armv mil. General 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 20) 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. 21) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be 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: 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 t t�l -M RECEIVED JUL 2 6 2021 AUG 02 20 DCM-MHD CITY DCM WILMINGTON, NC Dennis Duke ADDITIONAL CONDITIONS Permit No. 42-18 Page 4of4 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2018- 00110. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 (DWR Project No. 2018-0124), which was issued on 3/12/18. 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. RECEIVED JUL 2 6 2`21 RECEIVED DCM WILMINGTON, NC DCM.MHD CITY "3 akrj-W0Q taoa go qnd (3.A,,3,, r 0 0 n rn rtr z y a M Me 1�0 PROPOSED DREDGING LIMBS 1330 FINAL LANDING LANE mAn MMINGTON, N.C. 0111=7 MOD09MO2017 LBET. 30F5 mwxnler: J. W. GILES a mQ pe..Nz5 D�K@ 225 S MAIN STREET FUOUAY-VARINA, N C, 27526 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 30, 2021 li4f:1u'Ia C NORTH CAROLINA Environmental Quality FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(dNCDENR.gov SUBJECT. CAMA/D&F Applicant: Kyle Warren Project Location: 1324 Final Landing Ln, adj. to Middle Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct a bulkhead landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation for the connecting access channel, and construct 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 Gregg Bodnar at the address above by August 26, 2021. If you have any questions regarding the proposed project, contact Katharine Elks at (910) 796-7424 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT fdel:1Rwil SIGNATURE DATE 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. RECEIVED AUG 0 2 2021 DCM-MHD CITY D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 �� 910.796.7215 - � / . i. f" >• � �� �� ' •'{°' •Y' is � , � Y b� r A afR V ...* .., v 404 Wetland Line Tax Parcel Boundary -:77- :. Proposed't. Bulkhead (-470') 1' Inside Coastal / 404 Wetland Line .N b .dk +. ,s A Approx. outer Edge of Marsh/MLW Adjacent Permitted Dredge Area (#42-16) NHWL ;� 1-W al 30' CAMA Buffer' —4PW Coastal Wetland Line. Riparian Corridor Proposed Fixed Pier and Docking Facility NOTES: �r411' G ONLY. i��eoena 404 Wetland Line 1• NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRON Subject Tau Parcel Boundary - Coastal Wetland Line _ _ _ _ _ _ 3Co.q$TAL WETLAND AND NHW APPROVED BY DCM SSTAFF 12?J2 UL s 2p21 Taxparcels 30' CAMA Buffer _ _--_ - 4 LENGTH O NHW RECEIVED F SHORELINE AT NHW IS 718 FEET. f xisting Pierhead Line RECEIVae Outer Edge of Marsh Proposed Dredge Area D Riparian Corridor ------ (-16,700 sq ft) 'IS' Setback Adjacent Permitted Dredge Area 1"■"'"' proposed Bulkhead (-4701) �;LMG orni �� yenta ylighlsvde AVB StAG2 4 ,e.,,hwmn. rlonn card6"ne weal Proposed Dredge Area (-16,700 sq ft) roledt 1324 Final -F. 712e72021 Landing Ln. 1'=50' we: ProDoaed Bulkhead Detail �mvm By WAD LMG20.492 DCM-MHD CITY 0 A muu v"11 1)!`nA_weun r'TV ------------------------------------ •------------------------------� - '-Q+O0 VVE Proposed Dredge Boundary 1 Proposed 6' x 46 Floating Dock 1+00 �1.. �f d. 1 Legend Outer Edge of Marsh — Riparian Corridor ------ 15' Setback ------ Coastal Wetland Line - - - - - - Existing Pierhead Line ------ Proposed Dredge Area (-1,500 cu yd to -4 NLW) Adjacent Permitted Dredge Area 101110'. „' '�r X - ----------- ---------------- '1 2+00 Proposed Dredge ------------ Existing Pierttead Line (-1,500 cubic yards to -4' 0 25 50 �i Horizorltd Proposed Dredge Boundary and USACE Navigation Channel 1 � Riparian Corridor it Proposed Dredge Boundary Extends to -4' NLW at time of maintenance NOTES: 1. NOT A SURVEYED OR ENGINEERED DRAVWNG. FOR ENVIrAIL.TI14G ONLY. 2. WATER DEPTHS PROVIDED BY APPLICANT. TAKEN JUNE NLW NAVD88. 3. LENGTH OF SHORELINE AT NHW IS 118 FEET. RECEIVED All- 2 6 2021 AUG 04 2021 DCM WILMINGTON, NC 100 0 20 40 80 Horizontal 1'40' Vertical 1"4' Gi ok b Prged: 1324 Final Dale: 7,28/2021 It"Is. Dale: NA LMG Lenaky Ln nds Bins: o Ngmhar LAND MANAGPLIPM GROUP v As Noted LMG20.492 nue : 3A. 3ui1e 15 t WtiO�naA. A Nlminglon, North Caglne 2UM Profile A Detail Dnxn Bv: sheet NunEx Sofa OCM-MWD CITY AUG 0 8 2021