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
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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LMG to request the application to be withdrawn so that we can start fresh.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�+
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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