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HomeMy WebLinkAbout61-20 Cumalander, MarkPermit Class NEW Permit Number 61-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission COPY ermft for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Mark Cumalander, 216 Seacrest Drive, Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at adj. to Motts Channel, Wrightsville Beach. at 216 Seacrest Drive , as requested in the permittee's application dated 1/27/20, including attached workplan drawings (4), drawing 1 of 4 dated 2/10/20 and drawings 2-4 of 4 dated 2/13/20 and spoil disposal plans dated 2/10/20. This permit, issued on May 29, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockine Facility Expansion 1) This permit authorizes only the docks, piers, platforms, 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 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) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Mark Cumalander Permit No. 61-20 Page 2 of 4 ADDITIONAL CONDITIONS 3) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the established Wrightsville Beach pierhead line. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) This permit authorizes a maximum of 4 formalized boat slips. 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 owner's area of riparian access. 7) 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. Excavation 8) No excavation shall take place outside of the area indicated on the workplan drawings. 9) Excavation shall not exceed -4 feet below the normal low/normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. 10) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 11) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing. 12) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Stormwater Management 13) The permitted activity shall be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. Spoil Disposal 14) No spoil material shall be placed within 30 feet of the normal high water line. Mark Cumalander ADDITIONAL CONDITIONS Permit No. 61-20 Page 3 of 4 15) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 16) The diked disposal area shall be constructed a sufficient distance from the normal high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. Maintenance Clause 17) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE / FEDERAL CONDITIONS 18) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. General 19) 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. 20) 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. 21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 197800056 (Action ID SAW-2020-00297). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0272. Mark Cumalander Permit No. 61-20 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New Major Mod Permit# Permit Coordinator: Field Representative: f Minor Mod Renewal Transfer Date Time Message a)►g00AC) rtc 'tQ-ed AMNc- 3150100, j�6VVePWnOO I,-5) G12W V»A' A96r,2' rkfr -TMd FaMoq 15 N1 `J/ JJV6 906B k1l U/ ftb GO PQ ua DCM Coordinator: �IyLy �%� VA— Permit #: ar--) Permittee: LA 1ffl \ a n Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: MAILING DISTRIBUTION SHEET W_ash'n on _ (with revised work plan drawings) Wilmington (OBJECTIONS ) r Raleigh Bland (Beaufort, Camden, Chowan, Cra en, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Jimmy Harrison Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson DCM Coordinator: Gregg Bodnar County: NVr Permit #: WIRO E-MAIL DISTRIBUTION SHEET Circle o e: Bic R / Permit for: V\IiaVy- CUMA rAVJC✓ ( ljnyi� lt, �tI vj Oversize P ans sent: ,r CV , l DCM Offices: / J Morehead City: PT (if oversize) via Courier V/ "cc Gregg & Amanda on group email w/ blo.narr.app.drawings, deed, comment sheet `MHC documents (Gregg & Amand ) Wilmington: Original hard -copy ONLY tISACE & DWR (Wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Auth riza ' n USACE Wilmington: der f, 6saeret 60): PN, CL, Reports, Split Sheet _ / (until territories are decided)4?ifmingtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Spli Sheet �/Div of Water Resources: N/BR/N s S lit Sheet Div of Water Resources:^ Sheri Monta or Karen Higgins: PN, CL, Reports, Split S—heet y Marine Fisheries: �✓Anne Deaton (temporary) w/Reports DCM Planner/WIRO: _ ✓Mike Christenbury ✓/ Cultural Resources: ✓Renee Gledhill-EarIQy Environmental. ReviewOncdenraov Natural Heritage Prog. ✓Rodney Butler✓/ DCA-Rural Eco. Dev: v6ark Ziegler ✓/ NC DOT: ,/ DDavid Harris +' / Wildlife Resources: ✓Maria Dunn w/Reports J State Property " Office: Ti Walton: D D e r:nda Hilliard, Real Property Agent (Bio Re ) Shellfish Sanitation: _ Gupton, Admin. DEMLR: .,,6haron / ✓ Christine Hall - Stormwater Section /Dan Sams - Land Quality Section Public Water Supply: ,/Heidi Cox 2 City of Wilmington: Enforcement: /Field ep: e✓ �U IA�1✓�/ /�* ✓ � r Agent: DISTRIBUTED: �7 Updated 116120 CAMA/Shaun majors docs/e Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Mark Cumalander (Triangle Building & Development, Co.) COUNTY: New Ilanover PROJECT NAME: 216 Seacrest Drive RECEIVED LOCATION OF PROJECT: 216 Seacrest Dr., Adj to Maus Channel, Wrightsville Beach FEB 19 2020 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-13-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: McGuir DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMI UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 2-21-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 4-28-20 MAIL OUT DATE: 2-18-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DCM-MHD CITY DISTRICT OFFICE: WILMINGTON FEE REC'D: 5400 (no split)#1804 END OF NOTICE DATE: 3-13-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 3-13-20 AGENCY DATE COMMENTS OBJECTIONS: YES NO NOTES DCM - Field Rep RRETURNED LEI �'G11� t DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch �%Z' f/%% —� 605(p DWR-401 Section aJ Zl{- <)z7 DWR -Public Water Supply �- - DEMLR - Stormwater DEMLR - Sed and Erosion I DOA - State Property Office - Wildlife Resources Commission 3- /Z _40 DMF - Shellfish Section 3 - q- �0 DMF - Habitat & Enhancement 2 - & DNCR -Archives & History 3 - DNCR-Natural Heritage Program NCDOT NC Dept of Commerce RECOMMENDATIONS for Mark Cumalander 2/14/2020 Proposed Docking Facility Shaded Impact Length of Shoreline = 85' x 8' = 680 ft2 Allowable Square Footage Existing 190' x 6' Fixed Access Pier = 1,140 ft2 (Access Credit) Existing 16' x 16' Fixed T-Head Platform (-6' Access Pier) = 16' x 10' = 160 ft' Proposed 40' x 6' Floating Dock = 240 ft2 (Credit) Proposed 21' x 6' Floating Finger Dock (x2) = 252 ft2 Total = 412 ft' As proposed, the project appears to be CONSISTENT with the Specific Use Standards for Estuarine Waters and Public Trust Areas AECs, as set forth in 15A NCAC 07H .0208 (b) (1) for the proposed excavation of the boat basin. As proposed, the project appears to be CONSISTENT with the Specific Use Standards for Estuarine Waters and Public Trust Areas AECs, as set forth in 15A NCAC 07H .0208 (b) (6) for the proposed private residential docking facility. This office has no objection to the proposed work, provided that it is consistent with all other local, state, and federal permitting requirements. RECEIVED FEB 19 2020 DCM-MHD CITY ROY COOPER NUCHAEL S. REGAN BRAXTON DAVIS February 18, 2020 MEMORANDUM: 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. bodnar0_NCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Mark Cumalander Project Location: 216 Seacrest Drive, adjacent to Motts Channel, in Wrightsville Beach, New Hanover County Proposed Project: Proposal to expand existing private residential docking facility by adding a u-shaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by March 13, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME ft.,k & RECEIVED AGENCY Athhc t, o k JcNn l� FEB 2 4 2020 SIGNATURE -A" A&t - MP SECTION DCM = MND CITY DATE J -,d I- J 0 SlmeofNonh Carolina Etnironmenmlqualiry-Coastal M:magement 127 Cardinal Driw Ea., Wilmin64on, NC 28405 919 796 7215 ROY COOPER Govemor MICHAEL S. REGAN Secretory BRAXTON DAVIS Dtrecmr, Divishm, afCm,1.1 Management February 18, 2020 MEMORANDUM: 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.bodna(dNCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Mark Cumalander Project Location: 216 Seacrest Drive, adjacent to Molts Channel, in Wrightsville Beach, New Hanover County Proposed Project: Proposal to expand existing private residential docking facility by adding a u-shaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. 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 March 13, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire 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 Dan Sams RECEIVED AGENCY DEMLR FEB 2 5 1010 MP SECTION SIGNATURE 25.,d -j . DCM - MHD CITY DATE February 25, 2020 State ol'North Carolina I Enwronnrental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 �. ROY COOPER Gmwnnr sy w MICHAEL S. REGAN .4•errtan• BRAXTON DAVIS NOR I Cn RUB DNA Mmmr. IN, mion nrf bu,rnl .,gn�., ,fIIf Alunngement February 18,2020 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) QreQa. bodnar(&NCDENR.QOV SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Mark Cumalander Project Location: 216 Seacrest Drive, adjacent to Motts Channel, in Wrightsville Beach, New Hanover County Proposed Project: Proposal to expand existing private residential docking facility by adding a u-shaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greacr Bodnar at the address above by INarsh 93, 2020? If you have any questions regarding the proposed project, contact Tyler McGuire 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" pp X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes ,p9 are incorporated. See attached. a;p5 TpJL f-�N This agency objects to the project for reasons described in the attached comments. RINT NAME �i1JU r1 d CC f L i l �i d_r d AGENCY bl� PA tP A-��^l 8 RECEIVED MAR 0 4 1010 SIGNATURE WtJcytw(C! MP SECTION DCM - MHD CITY 4 T 2-3•� d State ofNonh Carolina I Fnvironmcntal Quality I Coastal Management 127 CardM Driw Ext., Wihoingtou, NC 29405 919 7967215 NORTH CAROLINA F.nvo train Mal Ottality February 18, 2020 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/Dredge & Fill Application Review ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Division of Coastal Management Applicant: Mark Cumalander Project Location: 216 Seacrest Drive, adjacent to Molts Channel, in Wrightsville Beach, New Hanover County Proposed Project: Proposal to expand existing private residential docking facility by adding a u-shaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. 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 March 13, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire 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" XThis 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 SIGNATURE `—/W �unt,A<i�ac[_ for Shannon Jenkins DATE 03/06/2020 State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 RECEIVED MAR 0 9 1010 MP SECTION DCM - MHD CITY ROY COOPER G,,wnmr MICHAEL S. REGAN BRAXTON DAVIS Uln�tum, pn�ulinl.� ['arum! Aj bltl�(1'llhbll February 18, 2020 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) nregg. bodnaraN CD ENR. gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Mark Cumalander Project Location: 216 Seacrest Drive, adjacent to Molts Channel, in Wrightsville Beach, New,Hanover County Proposed Project: Proposal to expand existing private residential docking facility by adding a ushaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greta Bodnar at the address above by March 13, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: , This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only If the recommended changes are incorporated. See attached. _ This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY Dept. o f Cb M r✓ cc RECEIVED �n MAR 0 9 2M SIGNATURE r Y ` � r^ 5(�� MP SECTION DCM - MHD CITY DATE 3� I20 State otNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext.. Wihnington. NC 2$405 919796 7215 a February 18, 2020 MEMORANDUM. ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS l lur'.9I„. l �n'od.m ,q f'e,nLf Sf�nxixwemt FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12-09) greaa. bodnar(cDNCDENR.QO V SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Project Location: Proposed Project: Mark Cumalander 216 Seacrest Drive, adjacent to Molts Channel, in Wrightsville Beach, New Hanover County Proposal to expand existing private residential docking facility by adding a ushaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by March 13, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional Comments may be attached"' ✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 14 C-^° t -'^n AGENCY N CA-}R C SIGNATURE�1 ` � MAR 1 O MP SECTION DCM - MHD CITY DATE 3-17--2.PZP State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive&, Wilmington, NC 28405 9197967215 ER 20-0443 ROY COOPER �[? Historic Preservation Office r; ..... MICHAEL S. REGAN Received:02/26/2020 �,ann7 BRAXTON DAVIS ❑,;gins.-nhr-nt Umru,r. A/Bnevun.....d un$rnunl February 18, 2020 MEMORANDUM: DUe. A/5/2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator A-- NCDEQ - Division of Coastal Management 5 �/�GfiYJP 400 Commerce Avenue, Morehead City, NC 28557 2p Fax: 252-247-3330 (Courier 11-12-09) ��N/� areag.bodnara(..NCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Spvlke I (�G'AID Applicant: Mark Cumalander j� `� Project Location: 216 Seacrest Drive, adjacent to Molts Channel, in Wrightsville Beach, New Hanover County Proposed Project: Proposal to expand existing private residential docking facility by.adding a u-shaped floating dock to create a total of four (4) boatstips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. Please indicate below your agency's position or viewpoint on theproposed project and return this form to Gregg Bodnar at the address above by March 13,.2020: If you have any questions regarding the proposed project, contact Tyler McGuire 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. PWIMT NAME l�C \_ C Je&-A aAe-1.1 rr-n 1 i4G640Y,, �i 5 �6<IC PC �a�� ce MAR 0 2020 MP SECTION SIGNATURE 'ns. DCM- MHD CITY DATE 03/23/2020 State ofNonh Carolina I Environmental Quality I Coastal blmtagemem 127 Cardinal Drive ENL, Wihnington. NC 28405 9197967215 ' FEB 2 14020 NORTH CAROLINA Environmental Quality February 18, 2020 MEMORANDUM: "•:•FROM: s, SUBJECT: Applicant: Project Location: ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direcror, Division of Coastal Management 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) greQq bodnar(o)NCDENR.gov CAMA /Dredge & Fill Application Review Mark Cumalander 216 Seacrest Drive, adjacent to Molts Channel, in Wrightsville Beach, New Hanover County Proposed Project: Proposal to expand existing private residential docking facility by adding a u-shaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. 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 March 13,_ O_ If you have any questions regarding the proposed project, contact Tyler McGuire 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 WAME Anne Deaton+: -• AGENCY SIGNATURO DMF 3/13/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED MAR 14 2M MP SECTION DCM - MHD CITY MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application — Mark Cumalander, Wrightsville Beach, New Hanover County Date: March 24, 2020 ;.This=project is consistent with the Wrightsville Beach Land Use Plan Update The applicant proposes to expand and modify the existing private docking facility within Motts Channel by installing a new U-shaped floating dock for a total of four (4) boat slips, as well as bucket -to -barge excavation. The project is located at 216 Seacrest Drive in Wrightsville Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are PTA and EW. Waters at the project site are classified as SB# and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Wrightsville Beach Land Use Plan Update and offer the following comments. The general area of the project is classified as Residential-1. In general, the Wrightsville Beach Land Use Plan contains policies, which allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Wrightsville Beach Land Use Plan Update. RECEIVED MAR 2 41010 MP SECTION DCM - MHD CITY Weychert, Curtis R From: Mairs, Robb L RECEIVED Sent: Tuesday, March 24, 2020 4:31 PM To: Weychert, Curtis R MAR 2 4 1010 Cc: Benson, Tyler G Subject: RE: upcoming projects and information MP SECTION DCM - MHD CITY Hey man, thanks for the email, and sorry for the delay. I have copied Tyler Benson as well since he has been assisting me on 401 projects until we get vacant position filled. -Derbyshire- assigned as DWR 2020-0210, and will not require written approval through our GC 4175. Letter will follow. -Yacht Basin- assigned as DWR 2020-0223. This appears to not require written approval with up to 10 slips per our GC 4175; however, the proposed floating dock on the most southern portion of the site appears to accommodate another two (2) slips on the southern side that are not numbered on Sheet 3 of 4, which would make it up to 12-slips and require written approval. Let me know if I'm missing anything. -Culamander- assigned as DWR 2020-0272. This appears to not require written approval if this is deemed as maintenance excavation from DCM. I see the fee schedule is 100% per Tara. If this is in fact new excavation, this will require written approval. Thanks again for the support, and likewise, let me know if there's anything on my end I can do to assist you. Robb Maim Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb mairs(&ncdenr.cov hhtt s•//decinc aov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- en rmits 127 Cardinal Drive Extension rtZ'9N7 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Friday, March 20, 20204:49 PM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: upcoming projects and information Hey Robb, hope everything is well on your end amidst this strange situation. I was just checking in on a few projects and things in general to touch base on. There have been a few project deadlines over the last couple of weeks that I don't know if you have had a change to look at or comment on. Those projects are Derbyshire, Yacht Basin Holdings LLC, and the Cumalander project. If you haven't received anything on those projects, let me know. I'm also waiting on some guidance from Jonathan or Braxton about how we plan on dealing with things moving forward if there are restrictions on work being done. Hopefully soon we will find out if we are going to put projects on hold or ask for extensions etc. As soon as I find something out I will keep you in the loop. Also, if there is anything that I can help with to lighten your workload please let me know because I imagine you're already overwhelmed before this whole situation started. Hope all is well, ' Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert().ncdenr. oov 400 Commerce Ave Morehead City, NC 28557 D_EQ� 11"\.0041 DocuSign Envelope ID: 887E47F9-D442-470B-9D45-814G2OB6E9BC ROY"COOPER Coventor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Triangle Building and Development Co. C/o Mark Cumalander 216 Seacrest Drive Wrightsville Beach, NC 28480 NORTH CAROLINA EYrotronmentafQualfty April 14, 2020 DWR # 2020-0272 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 216 Seacrest Drive — Wrightsville Beach, NC 28480 Dear Mr. Cumalander: You have our approval, in accordance with the attached conditions and those listed below to expand an existing docking facility to four (4) wet slips and to perform new dredging within the existing boat basin impacting approximately 0.018 acres of shallow bottom habitat, as described in your CAMA Major Development Permit application, which was received by the Division of Water Resources (Division) on February 18, 2020. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 2. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. RECEIVED APR 15 1010 MP SECTION DCM - MHD CITY D_E Qy North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910,796.7215 DocuSign Envelope ID: 887E47F9-D442-470B-9D45-814C20B6E9BC 3. This General Certification shall expire on the same day, as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 4. The applicanUpermitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that, such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 5. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 6. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours and on weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 7. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 8. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0221] 0*019MAX APR 16 ?M MP SECTION DCM - MHD CITY DocuSign Envelope ID: 887E47F9-D442-470B-9D45-814C20B6E9BC 9. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the Division of Water Resources must be notified if this is to occur. 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: https://edocs.deg.nc.gov/Forms/Certificate-of-Completion). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVED APR 15 7M MP SECION DCM - MHD CITY DocuSign Envelope ID: 887E47F9-D442-470B-9D45-814G20B6E9BC This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb. Mairs(a)ncdenr.gov. Sincerely, Cn,DocuftneAny: �q 1'WYUIa S �"_0 E3ABA1aAC70C434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Gregg Bodnar & Curt Weychert, DCM Morehead City Office, EC Liz Hair & Greg Currey, USACE Wilmington Regulatory Field Office, EC Andy Dortch & Greg Finch, Land Management Group, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED APR 1bM MP SECTION ICM - MHD CITY Strickland, Bev From: Mairs, Robb L Sent: Wednesday, April 1, 2020 10:37 AM To: Weychert, Curtis R Subject: RE: internal fund transfer Thanks Curti From: Weychert, Curtis R Sent: Wednesday, April 1, 2020 10:36 AM To: Gibson, Jessica M <Jessica.Gibson@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov>; Mairs, Robb L<robb.mairs@ncdenr.gov> Subject: internal fund transfer Hey Jessica, A recent new major permit that was processed by Tyler McGuire, who has since left the Division, had filed the permit fee under the wrong development type. The Mark Cumalander project on 216 Seacrest Dr., Wrightsville Beach, New Hanover County was filed as a III(B) development type ($400100% DCM) and should have been filed as a III(C) development type ($400 60% DCM, 40% DWR). After speaking with Jonathan, he said that this has been done before and can be fixed with a funds transfer. The check was received from Davey Resource Group, Inc. on 2/10/2020 from United Bank, check No. 1804 and the Rct# TMc rct. 9755. 1 have talked to Robb and Tara about the situation and everyone seems to be in agreement and able to move forward with the permit, we just need to fix the money situation. Please let me know if you need any more info in order to transfer funds to DWR. Thanks &.hope all is well, Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 X211 Curt.Wevchert(rDncdenr.gov 400 Commerce Ave Morehead City, NC 28557 0 r r Action Id. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT County: Brunswick County U.S.G.S. Quad: Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Jim Chirico RECEIVED Yacht Basin Holdines II. LLC Address: 32520 Archdale Telephone Number: Chapel Hill, NC 27517 APR 2 2 7010 Size (acres) Nearest Town Town of Southport MP SECTIONDCM - MHD CITY Nearest Waterway AIWW & Cape Fear River River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 33.916575 Longitude:-78.023192 Location description: The project will be located in Waters adjacent to the AIW W and the Cape Fear River at 122 Yacht Basin Drive. Town of Southport. Brunswick County, North Carolina. Description of project area and activity: The proposal is to replace and modify two (2) 32 feet by 6 feet floating docks to create a total of ten (10) boat slips. The promised dock structure will cover 384 square feet of Waters adiacent to the AIW W and the Cane Fear River. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdt SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached RGP-56 General and Special Conditions, the Special Condition above, your submitted application and attached drawings dated October 21, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gre¢ory Currey at (910) 251-4707 or Gregory.E.Currey(a),usace.army.mil. CURREY.GREGORY.EUGE RECEIVED Corps Regulatory Official: NE.1051011950 / "�° W ."� o�21 a Date: April 22, 2020 Expiration Date of Verification: December 31, 2021 APR 2 2 2026 MP SECTION A. Determination of Jurisdiction: DCM - MHD CITY 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW; Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. CURREY.GREGORY.EUGEDigitally signed by ``CURREY.GREGORY.EUGENE.1051011950 Corps Regulatory Official:E.1051011950 'Date: 2020.04.22 16:25:47 -04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://cori)smapu.usace.army.mil/cm apex/f9p=136:4:0. Copies furnished by email: Steve Morrison (Land Management Group) Tara MacPherson (NC DCM) RECEIVED Curt Weychert (NC DCM) Robb Mairs (NC DWR) APR 2 2 2010 MP SECTION DCM - MHD CITY Action ID Number: SAW-2020-00297 County: Brunswick County Permittee: Jim Chirico Yacht Basin Holdings H, LLC Project Name: Yacht Basin Eatery/122 Yacht Basin Drive/Bridget and Jim ChiricoBrunswick Date Verification Issued: April 22, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED APR 2 2.2016 MP SECTION DCM - MHD CITY Weychert, Curtis R From: Currey, Gregory E CIV USARMY CELRP (USA)<Gregory.E.Currey@usace.army.mil> Sent: Friday, April 24, 2020 1:21 PM To: kathryn_matthews@fws.gov; Leigh_Mann@fws.gov, pace.wilber@noaa.gov, Pete_Benjamin@fws.gov; Owens, Jennifer L CIV USARMY CESAW (USA); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan coble; Ryan.L.Taylor@uscg.mil; fritz.rohde; matt creelman; Bodnar, Gregg; Twyla Cheatwood; John; Mairs, Robb L; MacPherson, Tara; Howell, Jonathan; Haupt, Mac; Weychert, Curtis R Subject: [External] SAW 2020-00331 Cumalander Dock Attachments: Cumalander.bio.narrative.app.pdf, Cumalander.drawings.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spa m @ nc.gov<ma ilto: re port.spa m @ nc.gov> Im The Corps is likely to process the above permit application under PGP-291. The Corps (USACE) is requesting federal agency comments on this permit application by May 25, 2020. The project site is located in Motts Channel at 216 Seacrest Drive, Wrightsville Beach, New Hanover County, North Carolina (N 34.215 W-77.809861). The applicant proposes to expand and modify an existing residential dock by adding a 40 feet by 6 feet floating dock parallel to the existing pier and two (2) 21 feet by 6 feet floating finger docks located perpendicular to this dock, creating a U-shaped dock. This will create four (4) boatslips. The applicant also proposes to dredge a 46 feet by 17 feet area near the proposed U-shaped dock to a depth of -4.0' at NLW, generating 45 cubic yards of spoil material. This spoil material would be deposited on an upland spoil disposal island (DA 248), which is located outside the ACOE "Right -of -Way" and owned by Agnes Bean. The applicant has obtained written authorization from the owner to place this spoil material. Please see the attached application request, plans dated December 18, 2019 and revised February 13, 2020, a spoil disposal map dated December 13, 2019 and revised February 10, 2020 and a location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within Motts Channel are designated SB by the Division of Water Resources. Waters within the channel ARE NOT designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available'information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines would be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by May 25, 2020. Thank you, Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Molts Channel Fee: $400 #1804 CDAITS _ MHC cc _ Applicant: Triangle Building & Development Co. c/o Mark Cumalander Agent/Contractor: Land Management Group // Andy Dortch Project Site County: New Hanover Staff: Tyler McGuire District: Wilmington Project Name: 216 Seacrest Drive Rover File: n/a River Basin: White Oak Initial date of application submittal: 01-29-20 Date application `received as complete" in the Field office: y (3 ;?-O v ky o- A,1zPotJ Permit Authorization: 0 CAMA El Dredge & Fill Both SITE DESCRIPTIONIPERMIT INFORMATION ORW: ElYea No PNA: Yes o Photos Taken: Yes No Setback Required (riparian): Yes o Critical Habitat: Yes KNO LjNot Sure 15 foot waiver obtained: Yes o Hazard NNotificationRe yA ed Yes []Yes: Po / SAV: Yes LINo Not Sure Shell Bottom: ❑Yes ❑No JZ Not Temporary Impacts: ❑Yes JZNo Sure Sandbags: Yes ANo Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: X,Yes ❑No ❑Yes XNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: []Yes XNo ❑NA .8 5 FT. i9yes ❑No ❑NA Shellfish Area Designation: Project Description: (code) Development Area: (c e) Open -or losed P A« . tJ & Pi 0, e) acres SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) sQ 1 4$- Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) LJ High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW) 014 WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladlum jamaicense) (SA) Salt marsh cordgrass (Spartlna (BY) Salt reed grass (Spartina altemiflore) cynosurcides) (DS) Salt or spike grass (Distichiis M (SC) BUIlrush or three square (Scirpus El (TY) Cattail (Typha sp.) RECEIVE spicala) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina /lfor/VG FEB 19 20 roemerianus) patens) ArruGAI wn rcc No fee required - $0.00 0 III(A) Pdvale wl D&F up to 1 acre; 3490 can be applied - $260 El III(D) Priv. public or comet wl D&F to acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major permit - $100 El Major Modification to a CAMA Major permit - $250 IV Any development Involving D&F of more than 1 acre - $475 Permit Transfer- $100 III(Bj Public or commercial wl D&F to 1 acre; 4144 can be applied - $400 Express Permit - $2000 M o c 5 El Major development extension request - $100 II. Public or commerciaUno dredge and/or fill - $400 I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 1iri Triangle Building & Development Co. Date: 01-29-20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Ltii/✓WR t4frrm PILQTA FTi FTC New Work Replace f 44 i ( 7 4-,0 Maint ❑ ❑ Y 0 N P S New Work Replace 4-0 Melnt ❑ Ely RLN c- �v 2 New Work.9 Maint❑ Replace 0Y>1N la C, I New Work Replace Maint ❑ Ely 6Q N New Work El Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Main/ ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (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 tam imp a�ctls Impact amount)tempim ads amount SB DredgeXl Fill ❑ Both ❑ Other ❑ r% O �`/ '07 0 Dredge ❑ Fill ❑ Both ❑ Other )0 4- q 2 4 1 2- Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ FEB 19 2020 "6M MHD CITY 919.733-2293 :: 1.8884RCOAST :: www,ncgopst�lm�nagomeps,nnt revised: 0212811 u Major Permit Fee Schedule a Project Name: CLLKA4Aa/1)En / MARK County: �Je j ({AAroVcf; Check No & Amount: ¢DO �Zl& Si*C'z 572 Dcc 18D4 W t,�FN-r5VA—C 1FACA DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) ovate, non-commercial development tat does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: blic or commercial development that i not involve the filling or excavation $400 100% ($400) 0% ($0) any wetlands or open water areas. For development that involves the g and/or excavation of up to 1 acre Netlands and/or open water areas, mine if A,B, C, or D below applies: III(A). Private, non-commercial elopment, if General Water Quality $250 100% ($250) 0% ($0) dification No. 4175 can be applied: j� J . Public or commercial development, General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality :ification No. 4175 could be applieq; )CM staff determined that additi Gal 00 60% ($240) 40% ($160) aw and written DWQ concuffen is ded because of concerns relat to water quality or aquatic life: /-I Iil(D). If General Water Quality $400 60%($240) 40%($160) ification No. 4175 cannot be applied: Development that involves the filling crexcavation of more than one acre $475 60% ($285) 40% ($190) wetlands and/or open water areas. RECEIVED FFB 19 2020 =CM -WIND CITY Date Date Check From Name of Vendor Check Check Permit Received Deposited Permit Holder Number amount Number/Comments 2/10/2020 Davey Resource Mark Cumalander United 1804 $400.00 major fee, 216 Seacreast Dr, TMc rct. Group, Inc. Bank Wrightsville Beach NHCo NO Split 4755 CJ m ill C n M M n o 1 DCM Coordinator: Gregg Bodnar County: t' /� �., Permit #: f t$ V WIIR,(O E-MAIL DISTRIBUTION SHEET Circle o<Pa:n:s R /Permit for: I OLVY— (MrYYtOI'A�k✓ ( fli olyt�1 Lt, �tAt vj Oversize sent: Y ,1 DCM Offices: J Morehead City: PT (if oversize) via Courier `cc Gregg & Amanda on group email w/ byo.narr.app.drawings, deed, comment sheet 'MHC documents (Gregg & Amand ) _ Wilmington: Original hard -copy ONLY USACE 6 DWR (Wino): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Auth nza n , USACE Wilmington: �r�r6aRereFGo): PN, CL, Reports, Split Sheet _ / (until territories are decided) WilmingtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Sph Shea V/ Div of Water Resources:ZShe7hMontalv arrsr--"GN; N/BR/N s S lit Sheet/ Div of Water Resources:arf or aren Higgins: PN, CL, Reports, Split S ^ Marine Fisheries: DCM Planner/WIRO: Cultural Resources: Natural Heritage Prog. DCA-Rural Eco. Dev: NC DOT: Wildlife Resources: State Property Office: Shellfish Sanitation: DEMLR: Public Water Supply: City of Wilmington: ,/ Anne Deaton (temporary) w/Reports ✓ �J ✓ Mike Christenbury ✓ ✓ Renee Gledhill -Earley EnvitonmentaLReviewOncdenr.00v V/odney Butler_✓/ M/ ark Ziegler ✓ //David Harris +' / ✓Maria Dunn w/Reports J TirJr Walton: DEED Property Agent (Bio ,//Sharon Gupton, Admin. / ✓ Christine Hall - Stormwater Section V/ /Dan Sams - Land Quality Section V Heidi Cox Enforcement: ✓Field✓?/ i1✓ Agent: DISTRIBUTED: IU FAF Updated 1i620 CAMA/Shaun majors docsre'Agency List ROY COOPER �.� Governor ` MICHAEL S. REGAN secretary BRAXTON DAVIS Director, Dworron ajCoastal Management February 18, 2020 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/Dredge & Fill Application Review Applicant: Mark Cumalander Project Location: 216 Seacrest Drive, adjacent to Molts Channel, in Wrightsville Beach, New Hanover County Proposed Project: Proposal to expand existing private residential docking facility by adding a u-shaped floating dock to create a total of four (4) boatslips. Bucket -to -barge excavation to increase water depths surrounding floating dock also proposed. 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 March 13, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT AGENCY SIGNATURE RECEIVED DATE FEB 18 2020 Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive list., Wilmington, NC 28405 919 796 7215 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Mark Cumalander 2. LOCATION OF PROJECT SITE: 216 Seacrest Drive, Wrightsville Beach, New Hanover County adjacent to Motts Channel LATITUDE: 34' 12' 54" N LONGITUDE: 77' 48' 35.5" W 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit: January 30, 2020 Applicant/Agent Present: NO 5. PROCESSING PROCEDURE: Application Received: January 23, 2020 Application Completed: February 13, 2020 Office: Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan: Wrightsville Beach Land Classification From LUP: Residential (R-1) (B) AEC(s) Involved: EW & PTA Water Dependent: YES (C) Intended Use: Private Residential Docking Facility (D) Wastewater Treatment: Existing - Municipal Planned - N/A (E) Type of Structures: Existing - Bulkhead & 2 Slip Private Residential Docking Facility Planned - 4 Slip Private Residential Docking Facility & Dredging (F) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLI IMPACTS (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water 782 ft2 N/A 492 ft' (Incorporated) (D) Total Area Disturbed: 1,274 ftz (-0.03 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SB; # (G) Shellfish Harvesting Open: NO (Closed) 8. PROJECT SUMMARY: The applicant proposes to expand and modify the existing private residential docking facility within Molts Channel by installing a new U-shaped floating dock creating four boatslips and bucket -to -barge excavation to increase water depths surrounding the proposed floating dock. RECEIVED FEB 18 2020 DCM-MHD CITY Mark Cumalander Page 2 9. PROJECT SITE DESCRIPTION The project site is located at 216 Seacrest Drive on Wrightsville Beach, adjacent to Motts Channel of Greenville Sound, in New Hanover County. To locate the property from the Wilmington Regional Office (WiRO) travel east on Eastwood Road approximately 3 miles towards Wrightsville Beach. Once over the drawbridge, take the first right onto Keel Street and travel south for almost a tenth of a mile until you reach Seacrest Drive on the left. Turning left onto Seacrest Drive go another tenth of a mile and the property will be on the right. CAMA Minor Permit #WB19-31 was issued on January 22, 2020 for the construction of a new single family residence, pool, and retaining wall (see Appendix B). The property is adjacent to residential properties with single family structures and private docking facilities. The lot has recently been graded for the permitted upland development and there is no highground vegetation on the tract. The lot is approximately 20,909 square feet in size and has an average elevation of approximately 6.53' above normal high water (NHW). The project site has approximately 85 linear feet of shoreline frontage stabilized by an existing bulkhead, which meets NHW. There are Coastal Wetlands present in the vicinity of the project area consisting primarily of Salt Marsh Cordgrass (Spartina afterniflora) extending approximately 180 feet into the waterbody from the existing bulkhead. The Town of Wrightsville Beach CAMA Land Use Plan classifies the highground area of the project site as Residential and the adjacent waters as Conservation. The waters in the project area are classified as SB; # (Wrightsville Recreational Area) by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. 10. PROPOSED PROJECT The applicant proposes to expand and modify the existing private residential docking facility within Motts Channel by installing a new U-shaped floating dock creating four boatslips and bucket -to -barge excavation to increase water depths surrounding the proposed floating dock. The existing 190' x 6' fixed access pier with a 16' x 16' uncovered fixed T-head platform extends in a southeasterly direction from the existing bulkhead (see Sheet 1 of 4). From the southeast corner of the existing fixed T-head platform, an access ramp would connect to the proposed 40' x 6' floating dock oriented parallel with the fixed access pier and terminating at the U.S. Army Corps of Engineers Federal Channel Setback, which is also the Town of Wrightsville Beach Established Pierhead Line (see Sheet 2 of 4, & Appendix B). Attached perpendicularly to this floating dock at the waterward and landward ends are two proposed floating finger docks, both measuring approximately 21' x 6', creating a U-shaped docking facility. Water depths range from -2.5' to -8.0' at normal low water (NLW) around the proposed U-shaped floating dock as stated in the application (see Sheets 3 & 4 of 4). The applicant also proposes to excavate by bucket -to -barge surrounding the proposed U-shaped docking facility measuring approximately 46' x 17' down to a depth of -4.0' at NLW (see Sheet 2, 3, & 4 of 4). The average existing water depth at the proposed excavation is approximately -2.5' at NLW as reported in the application. Approximately 45 cubic yards of shallow bottom would be excavated and then deposited on an upland spoil disposal island (DA 248), which is located outside of the US Army Corps of Engineers Right -Of -Way and owned by Agnes Beane (see Appendix C). The applicant has obtained written authorization by the owner of the spoil disposal island for the placement of the excavated material. The applicant proposes to dispose the spoils leveled out in an irregular disposal area located entirely on high ground landward of the Estuarine Shoreline Buffer. Spoils would be held on site by a silt fence behind the berm of the dike. RECEIVED FEB 18 2020 DCM-MHD CITY Mark Cumalander Page 3 11. ANTICIPATED IMPACTS The proposed excavation of the boat basin would impact approximately 782 ft' of shallow bottom within the Estuarine Waters and Public Trust Areas AECs. There would be increased turbidity levels during project activity, however, if timed to avoid periods of peak biological activity, no long-term adverse impacts are anticipated. The proposed private residential docking facility would incorporate an additional approximately 492 ft' of Estuarine Waters & Public Trust Areas AECs. The proposed expansion would conform to the 8 square foot per linear foot of shoreline rule. The proposed private residential docking facility would not exceed the Town of Wrightsville Beach Established Pierhead Line, which is also the U.S. Army Corps of Engineers Federal Channel Setback (see Sheet 2 of 4, & Appendix B). The proposed structures would not encroach into either 15' Riparian Corridor Setbacks. The proposed docking facility would accommodate four (4) vessels in water depths ranging from approximately -4.0' to -8.0' at NLW. Minor increases in turbidity should be expected during construction. Submitted by: Tyler McGuire Date: February 14. 2020 Office: Wilmington RECEIVED FEB 18 2020 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 Motts Channel at 216 Seacrest Drive in Wrightsville Beach, New Hanover County. There is an existing 190' fixed pier with 16' x 16' platform and 24' x 6' floating dock located on the property. There is also an existing bulkhead located on the property. LMG staff flagged Normal High Water and Coastal Wetlands in August 2019. Normal High Water and Coastal Wetland lines were verified by DCM staff on December 3, 2019. See Appendix B for details. Waters in the project area are classified as SA and are not open to shellfishing. There are no SAV or shellfish resources present. 4.1.2 Proposed Action A single-family residence, pool, and retaining wall are proposed for construction under approved CAMA Minor Permit WB19-31 issued on January 22, 2020. There is no additional upland work proposed on the waterfront lot. In order to improve water access to the property, removal of the existing 24' x 6' floating dock and the addition of a 40' x 6' floating dock with two 21' x 6' floating finger piers that are joined in an U-shape are proposed. Also proposed is a 20' x 3' access ramp. See Appendix A for details. Due to water depths surrounding the proposed floating dock, dredging to -4 MLW is proposed in the northeast portion of the proposed dredge boundary. The dredging area is not located in ORW or PNA. An approximate 46-foot wide by 17-foot long box cut to -4 MLW will generate approximately 45 cubic yards of dredge spoil. Dredging will extend to existing -4' MLW depths adjacent to the USACE navigation channel. Bucket -to -barge excavation is proposed, and the excavated material will be placed on DA-248 outside of the USACE right-of-way along and adjacent to the existing dike. See Appendix C for details. RECEIVED DCM WILMINGTON. NO JAN 2 9 2020 Application for Major Development Permit —January 2020 216 Seacrest Drive RECEIVED Wrightsville Beach, New Hanover County, North Carolina 11 FEB 18 2020 DCM-MHD CITY LMG LAND MANAUSIENT GROUP • OW[Y* aim January 29, 2020 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 216 Seacrest Drive, Triangle Building and Development Co. and Mark Cumalander LAMA Major Permit Application Request Tyler, Please find enclosed a CAMA Major Permit application and supporting materials for the 216 Seacrest Drive project located at 216 Seacrest Drive, adjacent to Motts Channel, Wrightsville Beach, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards will be forwarded once received. Please let me know If you have any questions or need anything in addition to accept the application as complete. Sincerely, N Andy ovrtch M Land Management Group Enclosure: CAMA Major Permit Application Package; Fee Check cc: Triangle Building and Development Co. c/o Mark Cumalander RECEIVED DCM WILMINGTON, NO JAN 2 9 2020 www.lmgroup.net • infonlmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED FEB 18 2020 DCM-MHD CITY LMGI.AND MEMENT GROUP a Dawl, mmNny February 12, 2020 TO: Tyler McGuire North Carolina Department of Environmental quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 216 Seacrest Drive, Triangle Building and Development Co. and Mark Cumalander CAMA Major Permit Application Request Tyler, Please find enclosed an updated CAMA Major Permit application and supporting materials for the 216 Seacrest Drive project located at 216 Seacrest Drive, adjacent to Motts Channel, Wrightsville Beach, New Hanover County, North Carolina. Delivery has been twice attempted for 218 Seacrest Drive (Watson Jessica R). Since the owner is unresponsive, we request that permit processing proceed while notification attempts are continued to the only remaining mailing address listed through New Hanover County Property Records. Also attached are additional survey maps for distribution to applicable agencies. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, RECEIVED vdILMINGTON, NC Andy Dortch DCM 12 2020 Land Management Group FEB Enclosure: CAMA Major Permit Application Package cc: Triangle Building and Development Co. c/o Mark Cumalander www.imgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 FEB 18 2020 DCM-MHD CITY 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Triangle Building and Development Co. 216 Seacrest Drive Applicant 1: First Name MI Last Name Mark n/a Cumalander Applicant 2: First Name MI Last Name n/a If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box Cfly Stale 216 Seacrest Drive Wrightsville Beach NC ZIP Country Phone No. FAX No. 28480 USA 919-422-6878 n/a Street Address (if different from above) State ZIP 7fl1 NA Email cumalander@icloud.com 2. AgentlContractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Andy n/a Dortch Agent/ Contractor 2: First Name MI Last Name Greg Ma Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. We n/a ext. We FAX No. Contractor # 910-452-0060 file Street Address (if different from above) City Slate ZIP NA Email adortch(o)lmarouo.net, afinch@Imorouo.net RECEIVE kyj 1111114 1 I I ng to]Link' it Application for Major Development Permit — January 2020 216 Seacrest Drive RECEIVED Wrightsville Beach, New Hanover County, North Carolina 1 FEB 18 2020 DCM-MHD CITY 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 216 Seacrest Drive n/a Subdivision Name city State Zip Na Wrightsville Beach NC 28480 Phone No. Lot No.($) (if many, attach additional page with list) file NA a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak Molts Channel 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? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Wrightsville Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 85' @ MHW 0.48 +/- acres d. Approximate elevalion of tract above NHW (normal high water) or a Size of individual lot(s) Na NWL (normal waterlevel (If many lot sizes, please attach additional page with a list) 6.53' ®NHW or ❑NWL e. Vegetation on tract No vegetation. The tract is a vacant waterfront lot. f. Man-made features and uses now on tract There is an existing fixed pier with platform and floating dock. There is an existing bulkhead on the tract. The remainder of the site is vacant. A single-family residence, pool, and retaining wall are proposed for construction under the approved CAMA Minor Permit W1319-31. No additional upland development is proposed. g. Identify and deacriba the existing land uses adiacent to the proposed project site. Residential homes and docking facilities; community docks and slips. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-1 (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a oopy. ❑Yea oNo []NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed of eligible properly? C E I V E Application for Major Development Permit —January 2020 216 Seacrest Drive Wrightsville Beach, New Hanover County, North Carolina DCM WILMINGTON, NC 2020 2 FEB 18 2020 DCM-MHD CITY m. (i) Are there wetlands on the site? ®Yes ❑No (ti) Are there coastal wetlands on the site? ®Yes ❑No (III) If yes to either (t) or (it) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) CAMA MINOR PERMIT 1NB19-31 WAS APPROVED ON JANUARY 22. 2020 FOR CONSTRUCTION OF SINGLE FAMILY RESIDENCE, POOL, AND RETAINING WELL ON UPLANDS. NHW AND COASTAL WETLAND LINES WERE CONFIRMED BY DCM VIA EMAIL ON DECEMBER 3, 2019. SEE APPENDIX B FOR DETAILS. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing slorm water management or treatment systems. None 5. Acdvftles and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment NPrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to remove the existing floating dock and construct a U-shaped floating dock. The purpose of the project is to provide water access and boat slips 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. Typical dock construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. Construction of one 6'x40 floating dock with two 6'x2l' Boating dock fingers that will accommodate four boat slips. Also proposed is a 3'x20' access ramp. A single-family residence, pool, and retaining wall are proposed for construction under the approved CAMA Minor Permit W1319-31. No additional upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.R or ®Acres g. Will the proposed project encroach on any public: easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. I. Will wastewater or slormwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA It yes, will this discharged water be of the same salinity as the receiving water? ❑Yea ONO ®NA j. Is there any mitigation proposed? ❑Yea ®No ❑NA RECEIVE If yes, attach a mitigation proposal. Application for Major Development Permit —January 2020 216 Seacrest Drive Wrightsville Beach, New Hanover County, North Carolina I, NC aECEIVE:D 3 FEB 18 2020 DCM-MHD CITY B. 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) — (I) are always applicable to any motor development application. Please consult the application instruction booklet on Prow to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and uoss-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addressee of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name WATSON JESSICA R Phone No. NA Address 106 CYPRESS AVENUE, WRIGHTSVILLE BEACH NC 28480 Name SEACREST PROPERTIES LLC Phone No. NA Address PO BOX 1139, WALLACE NC 28468 Name ---- - Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permillee, and issuing dates. WB119-31 issued January 22,2020 h. Signed consultant or agent authorization form, if applicable. t. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on I understand that any permit issued in response to this application will allow project will be subject to the conditions and restrictions contained in the permit. The I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certifythat the information provided in this application is truthful to the best of my knowledge. Date: 1/27/2020 T e: AnConch Agent, land Management Group A_ Signature 9� f Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development DCM WILMINGTON, NC Application for Major Development Permit —January ZOZO 216 Seacrest Drive RECEIVED Wrightsville Beach, New Hanover County, North Carolina q FEB 18 2020 DCM-MHD CITY ®DCM MP4 Structures Information 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Other (excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater stabilization) NWL Length 46' Width 17' Avg. Existing -2,5' MLW NA NA Depth Final Project -4' MLW NA NA Depth 11. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type cubic yards. Sand -45 c. (1) Does the area to be excavated include coastal wetlandstmarsh (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 to be excavated. d. High -ground excavation in cubic yards. None 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Southern corner of DA 248, outside USACE ROW adjacent to existing dike. PID: R06300-002-001-000. See Appendix C. c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. See Appendix C. e. (i) Does the disposal area include any coastal wetlands/marsh (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 (u) Describe the purpose of disposal in these areas: NA. Application for Major Development Permit -January 2020 216 Seacrest Drive Wrightsville Beach, New Hanover County, North Carolina Dimensions of disposal area. Irregular, upland portions of PID'. R06300-002-001-000, adjacent to existing dike. See Appendix C. d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ii) If yes, where? NA f. (i) Does the disposal include any area in the water? []Yes ®No ❑NA (ii) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC RECEIVED 5 FEB 18 2020 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: ❑Bulkhead ❑Riprep ❑Breakwater/Sill ❑Other: c. Average distance walerward of NHW or NWL: e. Type of stabilization material: b. Length: Width: d. Maximum distance waterward of NHWor NWL: f. (i) Has there been shoreline erosion during preceding 12 months? Dyes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (I) Will fill material be brought to the site? Dyes ®No DNA b. (i) Will fill material be placed in coastal wetlands/marsh Ill If yes, (II) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? No land disturbing activities at the project site. Dredge spoil will be placed along and adjacent to the existing diked disposal area outside the USACE ROW on DA 248. See Appendix C. 0. (t) Will navigational aids be required as a result of the project? ❑yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. NA Nate 1/27/2020 1'nthct Namc 216 Seacrest Drive Applicant Name Mark Cumalander ^ APPlicont lilmaturc rR�� Applkatlonfor Major De lopment rmit- January 4020 216 Seacrest Drive Wrightsville Beach, New Hanover County, North Carolina submergeo aquatic vegetation (bnv), snen ooaom tbu), or otner wetlands (WL)? 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 What type of construction equipment will be used (e.g., dragline. backhoe, or hydraulic dredge)? Typical dock construction and bucket to barge equipment, backhoe, excavator, barge and bobcallbulldozer. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes NNo DNA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. NA RECEIVED DCM WILMINGTON, NC JAN 2 9 2020 RECEIVED 6 FEB 18 2020 DCM-MHD CITY Agent, Land Management Group 3. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina. []Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or Pieria) (it) Number 1 floating dock (Ili) Length 40' (iv) Width fz (v) Floating ®Yes ❑No e. (i) Are Platforms included? []Yes ®No If yes: (n) Number (iii) Length (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 2 i. Check the proposed type of siting. ❑ Land cut and access channel ®Open water; dredging for basin and/or channel []Open water; no dredging required ❑Other; please describe: k. Typical boat length. 2020=60' m. (i) Will the facility have tie pilings? ❑Yes ®No (n) If yes number of tie pilings? Application for Major Development Permit — January 2020 216 Seacrest Drive Wrightsville Beach, New Hanover County, North Carolina ❑This section not applicable b. (I) Will the facility be open to the general public? ❑Yes ONO d. (I) Are Finger Piers included? ®Yes ❑No If yes: (ii) Number 2 floating finger viers (iii) Length 21' : 21' (iv) Width § (v) Floating ®Yes []No f. (i) Are Boatlifts included? []Yes ONO If yes (ii) Number (iii) Length (iv) Width In Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips. 4 ❑ Dry storage; number of boats. ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe. j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout large center console and sport fishing vessels I. (i) Will the facility be open to the general public? []Yes ONO RECEIVED DCM WILMINGTON, NC JAN 2 9 2020 )DECEIVED FEB 18 2020 OCM-MHD CITY 2. DOCKING FACILITYMMARINA OPERATIONS ®This secdon not applicable a. Cherie each of the following sonkary facilities that will be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ showers ❑ Boatholding tank pumpouk Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as point, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marine/docking facility proposed within a primary or secondary nursery area? ❑Yes [:]No n. Is the marinatdocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandstmarsh (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 ❑WL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ® This section not applicable a. (i) Is the boathouse structures) : RECEIVED ❑Commercial ❑Public/Government ❑Private/Community DCM WILMINGTON, NC Application for Major Development Permit —January 2020 216 Seacrest Drive R Wrightsville Beach, New Hanover County, North Carolina FEB 18 2020 DCM-MHD CITY (ii) Number (!if) Length (iv) Width Note: Roofed areas era calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a nick grin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (it) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable 8. Length C. Maximum distance beyond NHW, NWL or wetlands to Average distance from NHW, NWL. orwedands 0. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovernmenl ❑PrivatelCommunity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC JAN 2 9 2020 Application for Major Development Permit —January 2020 216 Seacrest Drive RECEIVED Wrightsville Beach, New Hanover County, North Carolina 9 FEB 18 2020 DCM-MHD CITY 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15' or greater on each side. Note: For buoy or mooring piling, use arc of swing includbig length of vessel. C. Width of water body -266' e. (i) Will navigational aids be required as a result of the project? []Yes ONO ❑NA (ii) If yes, explain what type and how they will be implemented. NA b. Proximity of stnx:ture(s) to adjacent docking facilities. 55' on northwest side. d. Water depth atwalerward end of structure at NLW or NWL - -8.0' MLW existing 8. OTHER 0This section not applicable a. Give complete description: 1 /27/2020 u,t, 216 Seacrest Drive Protect Name Mark Cumalander Applicant sine J y Agent, land Management Group Applipnt tiilmaturc Application for Major Development Permit -January 2020 216 Seacrest Drive Wrightsville Beach, New Hanover County, North Carolina RECEIVED DCM WILMINGTON, NC JAN 2 9 2020 RECEIVED 10 FEB 18 2020 DCM-MHD CITY ROY COOPER GuO "mr MICHAEL S. REGAN Snrcmry BRAXTON DAVIS D,nnor. Diviaiao nJ('omral MurxgrmcM February 18, 2020 Advertising@stamewsol2l ine.cotm 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Mark Cumalander / New Hanover County Hello Angie: Please publish the attached Notice in the Friday, February 21, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in th7s matter. If you should have any questions, please contact me at our Wilmington office. cc: MHC file Gregg Bodnar - WiRO USACE state of North Cuohna I EnviromMnlal Quality I Coastal Managmnent 127 Cardinal Dnve Ext.. Wilmiagion. NC 29405 919 796 7215 ante RECEIVED FEB 18 2020 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 1 I3A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On February 13, 2020, Mark Cumalander of Triangle Building & Development, Co. proposed to expand an existing docking facility by installing a U-shaped floating dock to create a total of four (4) boalslips with excavation dredging at 216 Seaerest Dr., adjacent to Molts Channel, Wrightsville Beach in New Hanover County. A copy of the application can be examined or copied at the office of Tyler McGuire, 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 March 13, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED FEB 18 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Doverna Environmental Quailty MICHAEL S. REGAN Secretary BRAXTON C. DAVIS February 14, 2020 Dlreetor Land Management Group, Inc. c/o Andy Dortch 3085 Wrightsville Ave., Suite 15 Wihnington, NC 28403 RE: CAMA Major Permit Application Mark Cumalander 216 Seacrest Drive, Wrightsville Beach, New Hanover County Dear Mr. Andy Dortch, The Division of Coastal Management hereby acknowledges receipt of your application on January 29, 2020, acting as agent for Mark Cumalander, for State approval for major development located at 216 Seacrest Drive, in Wrightsville Beach, New Hanover County, adjacent to Motts Channel. The application was accepted as complete on February 13, 2020 and appears to be adequate for processing at this time pending adjacent riparian property owner notifications. The projected deadline for making a decision is April 28, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period emended. 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 February 13, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires fliat Notice of an application be posted at the location of the proposal 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 rue in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, TyI�McGui� Environmental Specialist cc: Gregg Bodnar & Jonathan Howell, DCM Robb Mairs, DWR USACE Tony Wilson, LPO Mark Cumalander, Applicant QEV,Q�� North Carolina Department of Environnemal Quality Division of Coastal Management Wilmington Office ! 127 Cardinal Drive Extension i Wilmington. NonhCaroflna 18405 910.796.7215 RECEIVED FEB 18 2020 CCM-MHD CITY O 0 v CAMA PERMIT APPLIED FOR e)Eea afia 1 at /1 6 \rE•'9eY/Ist ! ■Y •, �adj C�Mott cent to r�PC� Channel, Wrightsville Beach, New Hanover County. �0 E �S ACCEPTED THROUGH rcfi 13, ZOZO APPLICANT: Mark Curnalander Triangle Building & Development Co. x! nWrirhtcviEio Roach, NC 28480 m (919) 422-6878 m 0 Agent: Andy Dortch (910) 452-0001 FOR MORE DFTAI LS CONTACT THE LOCAL PERMIT OFFICER BELOW. t Ea. - nal Bt Ex`. T-y1er it GQWiF9 (910) 796 74114 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mark Cumalander Mailing Address: Phone Number: 216 Seacrest Drive Wrightsville Beach, INC 28480 Email Address: cumalander@icloud.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: removal of existing floating dock, installation of floating dock and floating finger piers at my property located at 216 Seacrest Drive, Wrightsville Beach NC 28480 in New Hanover County. Y I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature W Mark Cumalander Print or Type Name Title 1 127 I2020 Date EIc.GEI`JED This certification is valid through 12 /31 /2021 DCM WILMINGTON, NC ,IAN 2 9 2020 RECEIVED FEB 18 2020 12/11/2019 The Davey Tree Expert Company Mail - Fwd. [External] Re: 216 Seacrest Drive Wrightsville Beach - NHW Line DWEYI Dortch, Andy <adortch@lmgroup.net> Fwd: [External] Re: 216 Seacrest Drive Wrightsville Beach - NHW Line 1 message Finch, Grog <gfinch@lmgroup.net> To: Andy Dortch <adortch@lmgroup.net> Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 151 Wilmington, NC 28403 Direct: 910.452-0001 x 1928 1 Cell: 910-470-4734 --------- Forwarded message ------- From: Arnica, Patrick J <Patrick.Amico@ncdenr.gov> Date: Tue, Dec 3, 2019 at 1:34 PM Subject: Re: [External] Re: 216 Seacrest Drive Wrightsville Beach - NHW Line To: Preziosi, Christian <cpreziosi@lmgroup.net> Cc: Gregory Finch <gfinch@lmgroup.net> Wed, Dec 11, 2019 at 9:24 AM Christian: I apologize for the delay. I can confirm that DCM approved your delineation of NHW and CW on the site visit we conducted on August 22 2019 for 216 Sea Crest Drive. Let me know if you need anything further. With kind regards, Patrick Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7423 office 910 395-3964 fax patrick. amico@ncdenr. gov 127 Cardinal Drive Ext Wilmington, NC 28405 N, REGEMIVED '''Nothing Compares [)CM WILMINGTON, NC Email correspondence to and from this address is subject to the JAN 2 9 2020 North Carolina Public Records Law and may be disclosed to third parties. RECEIVED FEB 18 2020 https//mail. google.com/mail/u10?ik=a4bf7a78298view=pt&sea rch=al I&permthid=lh read-f°k3A16526336840448598573simpl=msg-%3A16526336840... 113 DCM-MHD CITY 12/11/2019 The Davey Tree Expert Company Mail - Fwd: [External] Re: 216 Seacrest Drive Wrightsville Beach - NHW Line From: Preziosi, Christian <cpreziosi@lmgroup.net> Sent: Tuesday, December 3, 2019 1:31 PM To: Amico, Patrick 1 <Patrick.Amico@ncdenr.gov> Cc: Gregory Finch <gfinch@lmgroup.net> Subject: [External] Re: 216 Seacrest Drive Wrightsville Beach - NHW Line CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hi Patrick, Just wanted to follow-up on this. Can you provide confirmation that you approved the coastal wetland delineation for this lot? Let me know if you need anything else from me- and thanks for your assistance. Christian Christian Preziosi I Principal Consultant Direct: 910-452-0001 x 1909 1 Cell: 910.471.0515 1 Fax: 910.452.0060 Email: cpreziosi@lmgroup.net Land Management Groupl Environmental Consultants 3805 Wrightsville Avenue, Suite 151 Wilmington, NC 28403 1 www.lmgroup.net On Mon, Nov 25, 2019 at 10:34 AM Preziosi, Christian <cpreziosi@lmgroup.net> wrote: Patrick - also - wanted to include the map of the existing conditions with the surveyed NHWL shown in blue for reference (see attached). Thanks! Christian Christian Preziosi I Principal Consultant Direct: 910-452-0001 x 1909 1 Cell: 910.471.0515 1 Fax: 910.452.0060 Email: cpreziosi@lmgroup.net Land Management Group] Environmental Consultants 3805 Wrightsville Avenue, Suite 15 l Wilmington, NC 28403 l www.lmgroup.net On Mon, Nov 25, 2019 at 9:33 AM Preziosi, Christian <cpreziosi@lmgroup.net> wrote: Hi Patrick, I hope you have been well. I wanted to follow-up on a site meeting that we had back in August (August 22) at 216 Seacrest Drive on Wrightsville Beach. As you recall, you and I reviewed the Normal High Water (NHW) line that I had marked in the field and you provided verbal confirmation of the flagged line. The owner is currently doing site - specific planning and wants to be certain of the location of this line. Can you provide an email confirmation that you approved the flagged NHW line based upon your August 22 site visit? _ i v f- l Please call or email with any questions. Thanks for your assistance, Christian DCM WILMINGTON, NC JAN 2 9 2020 RECEIVED ht1ps:I/mail.google.mm/mail/u/0?ik=a4bf7a7829&view=pt&search=all&permthid=thread-f%3A1652633684044859857&simpl=msg-f%3A1 i5483368A0.20 27/3 DCM-MHD CITY 216 Seacrest Drive, Mark Cumalander\Maps N Boundaries are approximate and not meant to be absolute. 0 25 50 100 Map Source: 2016 GIS World Imagery Layer A Feet 216 Seacrest Drive New Hanover County, NC Map Date: August 2019 LMG19.307 LMG 1 t DCMI LAND MANAGFNIFN'IGROUP J a Dg111 company 3805 Wrightsville Avenue Wilmington. NC 28403 MINGTON,Aliminary `E 9 2ftrmal High j"ter Delineation Town of Wrightsville Beach Local Government CAMA MINOR DEVELOPMENT PERMIT as authorized by the State of North Carol Ina, Department of Environmental Quality and the Coastal Resources Commission for development in an area of environment concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management" WB19.31 Permit No. Issued to Triangle Building and Development Company, authorizing development in the Estuarine Shoreline (AEC) at 216 Seacrest Drive in Wrightsville Beach, North Carolina as requested in the permittee's application, dated December 13th, 2019 and accepted as complete on December 30th, 2019. This permit, issued on January 22, 2020, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and notes set forth below. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void. THIS PERMIT AUTHORIZES: ERECT NEW SINGLE-FAMILY DWELLING WITH POOL, (1) All construction must conform to the 2018 NC Building Code requirements and all other Local, State and Federal regulations, in addition to all applicable local ordinances and FEtv1A Flood Regulations. (2) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and modification of this permit. (3) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise disposed of to a third -party. (4) All unconsolidated material resulting from associated grading shall be retained on site by effective sedimentation and erosion control measures. Disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of completion. (Additional Permit Conditions on Page 2) This permit action may be appealed by the permillee or other qualified persons within twenty (20) days of the issuing date. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. Any maintenance work or project modification not covered under this permit, require further written permit approval. All work must cease when this permit expires on: AWIIk,,, RECEIVED ,)AN 2 9 ; FEB 18 7 ,"1 DCM-MHD CITY 7,0;� - )t,�_ iiony Wilson tLMG LAND MANAGEMENT GROUP a DAWA company January 27, 2020 WATSON JESSICA R 106 CYPRESS AVENUE WRIGHTSVILLE BEACH, NC 28480 To Whom It May Concern: Mark Cumalander with Triangle Building and Development Co. is applying for a LAMA Major Permit for development activity on their property located at 216 Seacrest Drive, 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. Appendices 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: Tyler McGuire 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 adortch@lmgrouo.net Sincerely, 0 4tzt `� Andy Dortch, Agent Land Management Group Enclosures REGrIVEL) DCM WILMINGTON, NC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 JAN 2 9 2020 RECEIVED FEB 18 2020 DCM-MHD CITY 4LMG LAND MANAGEMENT GROUP a DAVEYIP company January 27, 2020 SEACREST PROPERTIES LLC PO BOX 1139 WALLACE, NC 28466 To Whom It May Concern: Mark Cumalander with Triangle Building and Development Co. is applying for a CAMA Major Permit for development activity on their property located at 216 Seacrest Drive, 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. Appendices 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: Tyler McGuire 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 adortch@lmgroup.net Sincerely, Ri=C =1v o Andy Dortch, Agent DCM WILMINGTON, NC Land Management Group Enclosures JAN 2 9 2020 www.imgroup.net - Phone: 910.452.0001 - Fax: 910.452,0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 FEB 18 2020 DCM-MHD CITY AZALEA =aa 3916 OLEANDER DR WILMINGTON, NC 28,103-6758 368644-0406 (800)275-8777 01/28/2020 02:59 PM . ......__-.. _. as Product Dty Unit Price Price First -Class Malle 1 $2.00 $2.00 Large Envelope tDomest10) (WRIGHTSVTILE BEACH, NC 28480) Cert'fled UZS Cart if led Merl N) $3 525'10001112i70QO55) Return R"pt_ - NSPS Reltrn:IFeGeipt 9> . . ./' $2.85 _ (9591YA)25181Ii9122130736) Flrst-Class Halle 1 $2.00 Larne 176velape Bi•00 ZlOomestic) (WALLAGE. NO (` (Welght:O Lb 6.0060z) 1\ (Estimated Delivery Date) (Thuraday 01/30/2020) tfied __ _ $3.55 ( .' S,Certife'd'Ifall M)....... USP IietuTl Receipt-- $2.85 msp$ Re4mt1 ReceilN YI (95909,10251869122730729) Total a16.80 Credit Ca•il Remitd $16.80 (Card Name:VTSA) (AMW11 1l:XXXXXXXXXXXXtr529) (AHproval 8:0201w) (Transaction N-0m) (AID:A(NXMI)(1031010 Chip) (AI.:VISA C"IT) (PIN:Not Re(lutrod) IvXI yule' tfa[klnn Iw.nl)o- to 28777 (2USPS) to Re'I the latest status. 4audel(I Message alwi Data raids may apply. Y„may also visit www.us s.cna USu 1'S Tracking or• call 1-800-222-1811. In a hurry? Self-service kiosks offer quick and easy check-out. Any Retail Associate can show you how. Preview vrXr Hall Track votir Packages SI(X1 up for FREE 9 www.infonwddullvery.com All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE L3 0oi 7 I°oa.pp 15 a c"hwF.. /0.00 25 O O eeWmeecalp Foe-•�'00 En°°,a^ a�aeW) eh PaMY�4 $0. C3n.ddaaln"myv" M1 __`ie, _ Ile. (fib.reenww ea7u: ru N fz. 'n Tp.l POVAO&Fee. f8, 01/28/2020 ca 13roKy ca G�---....- .-..---- -.... vl � URIGH�(6V14LE;N-� HC 2C4Cn C3 -- - ' - 6 040 (~ -- Pr..aev a b 25 CJ C3 C.rw+d Foe Pww.uk How 0 newmoF q-pl r. Fm (E. oiikaea..'lip .,ryi.0) f2. �•��— 01/2B/2020 Ln N C@ T.1.1 Po9(We 6fw. W - r�� t7a/� r- �K�s�fJ�...7(......... . ............... DGM WILN;I•IGTON, NC JAN 2 8 2020 RECEIVED FEB 18 2020 f DCM-MHD CITY ■ Complete Items 1, P. and 3. ■ Print yourname and'ptld" on the mveme ac that we On return the card to you. ■ Attach this card to the back of the mallplace, or on the front If apace permits. —auaei�dafao�e/ate: ----- S Ll L P�' fox 1135 IIIIIIIIIIIIIIIIIIIII IIIIIIIII! Iilllll�llllll 9590 9402 5186 9122 7307 29 2. Article Mrmber 1panalxr h+vn..,,Ai.,. r.._„ 7005 2570 0000 5704 085�1 t PS Form 3811, July 2015 Pt3N 7iypO2-0pp pp5y I� �Agent Y ❑ Addreeeeo by fP/arfsdANrr»j D. Data of Ossuary . �> aU a7"wdfawentsmnaeml4 ❑Yee M enter delivery addraes bd w: ❑No fir' ❑P bt.McrerlEx,. eqn RaWotoJ Dowry bW " Ofleeldr DMrbtred Mie per�rktod Idl neeekldl DeNery Dewry ❑Do R0lvnneOyrAW Mrchmwiw Mary R00WO WNay ❑ 8lpaluro CmArmitipiru tlaN410w DdvMy 080.0 Contumnllni fleeh=mwv y DomWic nehrn Receipt RECEIVED FEB 18 2020 ,)(', wk4HD CITY RECEIVED FEB 0 4 2020 4CM WILMINGTON, NC 2/4/2020 USPS.com8 - USPS Tracking® Results USPS Tracking' Mo.) Track Another Package + Thootr P.eheg.. Gel Me 1. lnlone4 Cabiaryats,wa to rows Lwrn Man AnNM, IrAnywhere eul no notnt'sone On Son paok.... newm. w.mm.r...n se+r..e.r.e.r�..renre...errnn,.nsea.es.ar.w�.can«..r...�..rvo.a..nw.�....my Tracking Number, 700525700100057042055 Ren'n`a x We attempted to d.I your awn at 1,00 pm on J.ouary Oo, 2020 in WHIGHTSVILLE BEACH, NC 28480 AM a Art. was len bolus. M AGUNc ISBd ndlplant was hot.valede. l my inarye redMery by using the Schsiule a Redelivery feature on nke page or may pkk up the Item at the Post Olrrs IMlceted on the notice beginning January 01. Mr H Mis item is uncle ssio by February 14, 2020 than It will be returned to sender. Delivery Attempt: Action Needed January ]0, 2WO at 1M pm NOIrre Left (No ANNonted R—Trani Arailad H WRIGHTSVILLE BEACH. NC 284M Test g Email Update. V Schedule Redellvery n (�' yu. M,keY lu, Crm aeJaO Ywr, CeniumeS.n NLI paw AS. rn'Ntrun M.nica. will .nempA Hades.M to redon: ams, NY wA MI: JESsN;A R WATSON IOBGYPRESSAVE WRIGHTSVILLE BEACH, NC MINI 917 AOORTCHeLMGROUP.NET 910.e51 1 Redeavna9 iuma a—.1We: L9 EmNey. Miftera . Tracking HISSI V Product lnlormatlon v Sat Lo. n Can't find what you're looking tor? Go tow FApe eobon to find answers to your Irsdrirp qusslisne. FAO. RECEIVED FEB 18 2020 F)CM-MHD CITY DECEIVED FEB 0 4 2020 QCM WILMINGTON, NC https://tools.usps,com/go/TraclsConfrmAclion 1/1 AZALEA 3916 OLEANDER DR WILMINGTON, NC 28403-6758 368644-0406 (800)275-8777 02/12/2020 04:07 PM Product 0ty Unit Price Price Purl) lelTeartMeda1 1 $$00 55 $$00 55 First -Class Mallb 1 $2.00 $2_00 Large Envelope (Domestic) (WILMINGTON, NG 28412) (Melgiit:0 lb b.(X) Oz) (Est lmetod Did Ivory Date) (Friday 02/14120 3-_.__..- Ck•.I lifted :6J.55 (USPS Certified Mail M) ` (7018309D000193130012) Ite`urn Receipt $7 85 \(USPS Renn n IAu.elpt A) (Oh�NP14f12`i 181i91'1.27.U767) retail $8.95 Credit Card Remltd $8.95 (Card Nane:VISA) (Account k:XXXXXXXX)(XXX8529) (Approval 0:095367) (Transaction 0:270) (AID:AOOOOO00031010 Chip) (AL:VISA CREDIT) (PIN:Not Required) lext your tracking number to 28777 (2USPS) to get the latest status. Standard Message and Data rates may apply. You may also visit www.usps.com USPS Tracking or call 1-800-222-1811. In a hurry? Self-service klosks offer quick and easy check-out. Any Retail Associate can show you how. Preview Your Mail Track your Packages Sign up for FREE 0 www.Informoddelivory.com All sales fine; on stamps and postage. Refunds for guaranteed services only Thank you for your business. HELP US SERVE YOU BETTER TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE co to: httlys://0ostalexperience.com/Pos ii,i(k5280 ()178-001-00038-12786-01 a" ,.can Uii; code with Your alohllw (levice: ti • :O W rCE . Postal ServiceRTIFIED MAIL RECEIPT cttir hied Only m 1-1 or t3 C3 0 0 or 0 m Iq 0 M1 RECEIVE® FFB 18 2020 fl.,, kt-004D CITY RECEIVED FEB 13 2020 0CM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a DNM#. company serving as the Property Manager for Agnes Beane, grant the Applicant, Mark Cumalander with Triangle Building and Development Co., for the 216 Seacrest Drive CAMA Major Permit project, permission to place approximately 45 cubic yards of dredge spoil on PID: R06300-002-001-000 and as shown on the attached Spoil Disposal Area figure. Signed Date RECEIVED FEB 18 2020 DCM-MHD CITY RiCEIVED DCM WILMINGTON, NC JAN 2 9 2020 www.lmgroup.net • Phone: 910,452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite IS. Wilmington, NC 28403 BK: RB 6262 PG: 222-225 RECORDED 11111212019 02:37:04 PM BY ANGELA ENGLISH DEPUTY STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REVENUE STAMPS: $3,256.00 Tax Parcel ID # R05718-004-005-000 NC FEE S26 M 2019037075 NEW HANOVER COUNTY, REAL ESTATE TAMMY TX EUSCX BEASL EY EXTX$3256. 00 REGISTER OF DEEDS ELECTRONICALLY RECORDED GENERAL WARRANTY DEED Mail After Recording To: Mark Cumalander (Grantee's Address) 216 Seacrest Drive Wrichtsville Beach, NC 28480 RECEIVED FEB 18 2020 DCM-MHD CITY DRAWN BY AND RETURN TO: CALDER LAW, PLLC 1410 Commonwealth Dr., Ste. 205, Wilmington, NC 28403 N/A If checked, the property includes the primary residence of at east one of the Grantors, otherwise, note as N/A. (per NC GS 5 105-317.2) Grantor's Address: 5015 Coronado Drive (Jack/Wanda McGill) Wilmington, NC 28409 Grantor's Address: 847 Myrtle Landing Place (Sybil Dale) Wilmington, NC 28409 Brief Description: Lot 87, Shore Acres Extension of Development 3 This Deed, made and entered into ais the 6th day of November, 2019, by and between John S. McGill, A/K/A Jack McGill and wife, Wanda Angel McGill, A/K/A Wanda McGill, each holding a one-third (1/3) undivided interest, and Sybil R. Dale, A/K/A Sybil Dale, unmarried, a one-third (1/3) undivided interest, the GRANTOR he--eir.; and, W. Mark Cumalander and wife, Tonya Currin Cumalander, the GRANTEE herein. W I T N E S S E T H: That the Grantor(s), for and in the consideration of the sum of One Dollar and other valuable consideration, the receipt of which is hereby acknowledged, has and by these presents, doe 'ri grant, bargain, sell and convey unto the Grantees) in fee simplW that real estate located in :ihe County of New Hanover, State � 0� North Carolina, more particularly described as follows: submitted electronically by "calder Law, PLLC" in compliance with North carolina statutes governing recordable documents ��,"• and the terms of the submitter agreement with the New Hanover county Register of weds. Q. Being that tract located at 216 Seacrest Drive in Wrightsville Beach, New Hanover County, NC having Tax Parcel ID Number R05718-004-005-000; described in instrument recorded in Book 6180, Page 380 in the said New Hanover County Registry, as the same being more particularly described in that Exhibit A attached hereto and incorporated herein by reference. To have and to hold the aforesaid lot or parcel, together with all privileges and appurtenances thereto, heretofore belonging to the Grantee(s) in fee simple. The Grantor(s) covenants with the Grantee(s) that Grantor(s) is seized of the premises in fee simple, has the right to convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, and that Grantor(s) will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereirabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; ad valorem taxes after 2018; all applicable restrictive covenants and rights reserved or granted therein; and all applicable utility, drainage and other easements of record. In witness whereof, the Grantor(s) have hereunto set their �aqd Aeals_^is the day and year first above written. (SEAL) 1($�Ai) ia3anda Anger Gil ." C L< (SEAL) Sybil' 1(`-DalW STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that John S. McGill personally appeared before me, known to me or proven to me by photographic identification, this day and acknowledged =he executicn of the foregoing instrument. Witness my hand and official stamp or seal, this the 6t" day of November, 2019. ' tkOTAR), �<" MY COMMISSION EXPIRES zrmort 2 y pugttc_ n 'I �i- xry Pub ! Printed Name: Callie M. Hall My Commission Expires: 02/02/2021 RECEIVED FEB 18 2020 FiCCitIVCU DCM WILMINGTON, NC JAN 2 9 2020 DCM-MHD CITY STATE OF NORTH CAROLINA COUNTY OF NZW HANOVER I, a Notary Public of the County and State aforesaid, certify that Wanda Angel McGill personally appeared before me, known to me or proven to me by photographic identification., this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the 6Lh day of November, 2019. j P\ks M N any Public j NOTA�Y''9!� Printed Name: Callie N. Hall My My Commission Expires: 02/02/202= - COMMISSION EXPIRES = ?!?12021 2 y lousuc ��.. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, a Notary Public of the County and State aforesaid, certify that Sybil R. Dale personally appeared before me, known to Te or proven to me by photographic identification, this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this the 6=h day of November, 2019. r- `` "%I01i°U1p„�� Dior -Wry Public ' &4 *&,.. Printed Name: Callie M. Hail pP 9 � My Commission. Expires: 02/02/2021 tlOTApy MY COMMISSION EXPIRES 2/212021 =` RECEIVED FEB 18 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NO JAN 2 9 2020 EXHIBIT A That real estate located in the County of New Hanover, State of North Carolina, more particularly described as follows: BEING ALL OF Lot 87 in Shore Acres Extension of Development 3 subdivision, as the same is shown and described on map thereof recorded in Map Book 7, Page 74 in the office of the Register of Deeds of New Hanover County, North Carolina; and being the same property having Tax ID Number R05718-004-005-000 and described, or intended to be described, in the deed recorded in Book 6180 at Page 380 in said Registry. RLE-CEIVE'D DCM WILMINGTON, NC RECEIVED JAN 2 9 2020 FEB 18 2020 DCM.MHD CITY ■ Complete Hems 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front H space perm" CAO 250�Gtnie rre b\,�) 0:x W� pit, 2Q,r1\2 IUN°"'" IN ❑ Agent I -I JI i D. Is dellvery address dHfemd from Hem 11 H YES, enter dellvery address below. ❑ No 3. Service Type xpWISO PdedNMad FbplWred MM" ❑ Adult 819"Wm ❑ Adult e'gnelwe RmtdctM DaAvery atl Reeldoted p�d Ma ❑ De�Very ❑ GriHlud Mall Oellvery 0Mudoldin t1=1cla1 D coeo�t a„ oeuvery newewted Ddnery CI Calbat an DWh'e'Y mew'. ❑ 6lpnaluo CenllmeAlon C1 inwred MWI '..—d, u, u a t&ted peY ry a1Ne estdcted Dery Domestic Return Recelpt a s s mM. p o. N o ldLL97Ili�T01#J p G� M a q i `^ 'a'' VWQ Pmlega 2'1 K 60 $0.00 o comnedFee o p RolumReceiptFee e Ham $0.00 (E WMMM Roquc" to p ROVIVOe OOINOry Fag r- (Edmwmonl Roqulg Ul ni 02/19/2020 7Me1Pas1n9e&Esau $ L I$ . p p san o San Tjec lu �. M13R16n'i.'1.iM......�W.........._f! ................`.... �.. _...__........ ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director April 28, 2020 Dear Mr. Cumalander, This letter is in reference to the application submitted for New Hanover County, for a Coastal Area Management Act Major Permit to undertake development activities to construct a new four slip private residential docking facility within Banks Channel and perform new dredging. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make July 12, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 211) or e-mail (Curt.Weychert@ncdenr.gov). Sincerely, Curtis Weychert Assistant Major Permit Coordinator Cc: DCM Wilmington Andy Dortch (adortch@lmgroup.net) Greg Finch (gfrnch@lmgroup.net) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082808 Outer Edge � of Marsh it 15' Riparian Setl ack A ,D — 8 6 T Min. exl ng grade to bottom 4 — — — 2 o — — — — - -2 _e Proposed Dredge -to extends to -4' at ti -12 of construction -14 (-45 CY) -16 -18 0+100 0+110 Pro N - Proposed Dredge Boundary USACE Setback, redge Area (-45 CY) USACE Navigation Channel A' Water Body Width Proposed Dredge Boundary / USACE Navigation Channel Proposed Dredge Boundary USACE Setback, 'a Water Body Width Pierhead Line --------------------------------- -Proposed 40' long x 6' wide floating dock Approximate Existing Grade rqa -.—Assumed Existing Grade i i Recessed Pilings per Contractor I; (Size, Spacing, Depth) II I 0+120 0+'l30 0+40 0+150 0160 0+y0 0+180 0+I90 1.6 1+70 An 10 8 6 NHW 4 2 NLW 0 -2 4 -6 -8 -10 -12 -14 -16 1I18 1+120 1+'3p 0 RECEIVED Legend FEB 13 2020 Pierhead Line Riparian Corridor NOTES: Outer Edge of Marsh — 1. LENGTH OF SHORELINE AT NHW IS 85 FEET. RECEIVED DCM WILMINGTON, NC USACE Setback / 2. NHW CONFIRMED BY DCM STAFF 1213119. Propcf bate Re ww Dete } Water Body Width 3. NLW DEPTHS PROVIDED BY APPLICANT ON 12-2019 LM G est 216D Drive 12/18/2019 2/13/2020 4. BASE SURVEY FILE PROVIDED BY CAPE FEAR SURVEYING, PC. FEB 18 2020 3"ie .iw, USACE Navigation Channel 5. 2018 PARCELS FROM NCONEMAP. u�oILWM:N1UR e�4l� Toe. A4 Noted LMG19.307 Proposed Dredge Boundary ----------- 6. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL 3e05 WrgNenle Aw Suie 15 Profile View �"B7 ��"'uo/4 Proposed Dredge Area (-45 CY) Z7l_Il_ZL7Z�1 PERMITTING ONLY. DCM-MHD CITY YNmngbh, North Cerokne 28403 mnd52-0001 Dock Detail WAD Outer Edge of Marsh NLW —r- 15' Riparian Setback - - - - - - - - - - - - --------------------------------- Proposed Dredge Boundary Proposed Dredge Area (-45 CY) R Proposed Dredge Boundary T 18 Proposed 21' long x 6' 6 wide floating finger piers 2 I 0 N1.LY_— _ _ _--_---_— — — _2 I -6 1 -8 Proposed Dredge Area -10 extends to -4' at time _14 of construction -16 (--45 CY) L -18 0+100 0+110 J20 Legend Pierhead Line Riparian Corridor Outer Edge of Marsh USACE Setback / } Water Body Width USACE Navigation Channel Proposed Dredge Boundary Proposed Dredge Area (-45 CY) Recessed Pilings per Contractor (Size, Spacing, Depth) 0+130 0+I40 0+150 ® USACE Setback, a USACE Navigation Channel B' dv Width Proposed Dredge Boundary / USACE Navigation Channel USACE Setback, a Water Body Width Pierhead Line 1 Br 10 B 6 -- — — — — — — — — — — — — — — — — — NHW 4 2 —_--------- — -------- --- —_ NLW 0 -2 Approximate Existing Grade .4 Assumed Existing Grade -8 -10 -12 -14 -16 I I 18 0+I00 0+70 0+180 0+1� 1+1D0 1+110 1+120 1+130 NOTES: 1. LENGTH OF SHORELINE AT NHW IS 85 FEET. 2. NHW CONFIRMED BY DCM STAFF 1213/19. 3. NLW DEPTHS PROVIDED BY APPLICANT ON 12-2019 4. BASE SURVEY FILE PROVIDED BY CAPE FEAR SURVEYING, PC. 5. 2018 PARCELS FROM NCONEMAP. ----------- ZnYZLn� 6. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. RECEIVED FEB 18 2020 (ZLMG IAYD MANY:Fl1FM4NMle .NAB 4� DCM-MHD CITY 3805N1ghla WO lS VNeninploe, bs4 A"rib15 S 1 S'llYY11 FEB 13 2020 QCM WILMINGTON, NC 210 Sesaesl 12/18/2019 2/13/2020 Drive syw As NOW m— ear. LMG19.907 Profile Ksnva Drr By, Shee, Nvm Dock Deted WAD 4 of 4 ADJACENT DOCK USACE SETBACK ATERBODY WIDTH Riparian Corridor Outer Edge of Marsh Pierhead Line } Waterbody Width USACE Setback USACE Navigation Channel PIERHEAD LINE RECESSED PILINGS USACE NAVIGATION CHANNEL 15 A 20' x 3' RAMP N 21.0 RIPARIAN CORRIDOR 1� ', �� EXISTING PIER AND 16'x16' PLATFORM ACQ1 L, APPROXIMATE NLW 2. 0.3, �\ OUTER EDGE O/MARSH 9, 1 1.3' .J 8.2' . 28.�, PROPOSED EDGE AREA (-45 CY) RIPARIAN CORRIDOR PROPOSED DREDGE ' BOUNDARY PARCEL RECEIVED BOUNDARIES FEB 13 2020 DCM WILMINGTON, NC Legend — - NOTES:- - --- - - — 1. LENGTH OF SHORELINE AT NHW IS 85 FEET. _ — — — — — 2. NHW CONFIRMED BY DCM STAFF 12/3/19. FEB 18 2020 Prow Dale'. Revision Dale: 3. NLW DEPTHS PROVIDED BY APPLICANT ON 12-2019 LMG 216 Seaaeat 12/18/2019 2/13t202O 4. BASE SURVEY FILE PROVIDED BY CAPE FEAR SURVEYING, PC. Drive ao 1. a 1umD 5. 2018 PARCELS FROM NCONEMAP. DCM-MHD CITY uvD ruawrnwr6awr TaM 1•=20' LMG19.307 6. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONME TAL 3e06 ftop vir AveS 115 wan Yew Drwrney. Sh"N,. W PERMITTING ONLY. 1D n 0 vvaninamn,nnnnca,oline29eo3 Dmk DOUR WAD 2of4 ������ 91D452-0001 vn — 116 Seamed Deva. Mrk C..WnEM M1A1216 Seameel.d va Y r - l y. 4 Sea Crest Properties LLC AIM 216 Seacrest Drive ~ Watson Jessica R Isle Existing Bulkhead ��'yy� Existing 190' fixed pier with 16' x 16' platform and 24' x 6' floating dock USACE Setback Wrightsville Beach Pierhead Line Property Boundary Existing Bulkhead USACE Navigation Channel USACE Setback Taxparcels USACE Right of Way Riparian Corridor Normal High Water , 4 Water Body Width (67') Water Body Width (-r266') Legend NOTES: DCM WILMINGTON, NC - 1. BASE SURVEY FILE PROVIDED BY CAPE FEAR SURVEYING, PC. 2. 2018 PARCELS AND 2016 AERIAL FROM NCONEMAP. FEB 1 2 21QZ0 3. DRONE IMAGERY PROVIDED BY LAND MANAGEMENT GROUP COLLECTED JANUARY 2020 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL RECEIVED PERMITTING ONLY. n U 4n 1�1 M11 M f 76 - Hwy 17 Hwy 7,y �PLMG 216 est 12/18119 2/10/2020 Drive nw ' 1•'10p 'a—B' Um idlTbaf LMG19.307 IA\'U MANM:FNFYT GROUP amP.,n hilifi Tian 31105 Vfthtwge Ave Suite 15 PAmin91m, N h Carolina 28103 910.452-0001 Existing Conditions and Site Location WAD Sh Ki.a 1 of 4 DCM-MHD CITY DCM.MHD CITY LOT 85 n AL AL 111dL ii! L 11'L —RI'N 17.4' I I � I I I 1 I I O 1 3I 1 0 I a ' I I I I I I I I I I 1 I I �II 1 I I I t 1 I ` 1 1 I LOT 86 I 1 Jessica Watson 's 0 I I I I I I I I I I I 1 I I I I I JI I I1 I 1 I I 1 1 I 1 I I % 1 26.2' STORM DRAINAGE CALCULATIONS Orin elM • 9. a1m ro I. O.H Tw 4.M0 a» Im ArM Iana uM . a. saes b & mi ].d00 O9e dN4Rt aref 0 0.50 TWI 7.dW OW % nnpevple • 0.055 65.5% Swm ler cawaknn: Cne = 025 C. = (%imp)(MMI-%anpX25) On 4' 2.00 iMr FIMW 1year. Zan SwT ((),)! 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