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HomeMy WebLinkAbout57-20 Deerbrook LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V er m t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Deerbrook LLC., 1712 Azalea Dr., Wilmington, NC 28403 Permit Number 57-20 Authorizing development in New Hanover County at a& to the AI W W, at 418/419 Summer Rest Rd., in Wilmington , as requested in the permittee's application dated 12/4/19, including attached workplan drawings (5), Sheets 1,2,4 of 5 all dated "Revised 1/16/20" and Sheets 3,5 of 5 both dated "Revised 1/29/20". This permit, issued on May 15, 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. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this commercial docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Deerbrook LLC. Permit No. 57-20 Page 2 of 3 ADDITIONAL CONDITIONS 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 8 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) The authorized gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 8) The roof of the gazebos shall not be designed for second story use. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 10) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 11) 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. 12) In accordance with commitments made by the permittee, the formalized boat slips authorized under this permit shall not be sold or leased. The permittee is advised that a Special Use permit from New Hanover County shall be obtained and a copy provided to the Division of Coastal Management prior to any boat slip sale or lease. USACE Conditions 13) 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/ne-es/mammal/manatee euidelines.pdf. General 14) 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. Deerbrook LLC. ADDITIONAL CONDITIONS Permit No. 57-20 Page 3 of 3 15) 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. 16) 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 198000291 (Action ID SAW-2019-1871) issued 5/15/20. 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. 2020-0151. 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 mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. •. r ' 1 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: `)G"+ rc&- 1.X, - — - - Type: (Check all that apply) New )�-- Major Mod Permit# Minor Mod Renewal _ Transfer Permit Coordinator: 4oQAKt-- Field Representative:__ ui Date Time II Message h,617,v ku,A S . up"A �I �— bc,2c Drt F (�4 ( UStc' �116 0h1 meive� (wc,^) IK 2� co�, CLAO;W i /" Alt If1(/(?0 �� < uwc �(?, �ToI ameb,� -j" "'' DwQ -6/013/31 L.uP 3�21 DCM Coordinator: _�J -'(�4, Permit #: 57-20 Permittee: 6 Agents DCM Field Offices MAILING DISTRIBUTION SHEET U• C. CIO Kock Wa/t1Ard lilt WC 2&*.>3 v er Elizabeth City Washington , (with revised work Ian drawings) Morehead City Wilmington (qlq ((OBJECTIONS^ ) US ACOE Offices:q Washington: Raleigh Bland (Beaufort, Camden, owan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brawick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: I �enee Gledhill -Earley at Environmental. Review@ncdcr.gov Public Water Supply: Weidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Anne Deaton NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan 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: Weret, Onslow, Pender, Brunswick, New Hanover) t Christine .j--W-La-- Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: 1p' Maria Dunn (WARD) ; (NCDOT) Travis Wilson Natural Heritage Prolgram� Rodney Butler LPO: I INlIA `41 ^ M ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Bryan Batten 411 Summer Rest Rd. Wilmington, NC 28403 Dear Mr. Batten: NORTH CAROLINA Environmental Quality May 15, 2020 This letter is in response to your correspondence, which was received by the Division of Coastal Management dated February 27, 2020, regarding yot•• ncerns about the proposed development by Deerbrook LLC., at 418-419 Summer Rest F ' iington, New Hanover County. The proposed project consisted of an 8-slip do-' ing the review of the project the applicant has removed the request to ' ility as commercial for the purposes of leasing boat slips. r etermined to comply with the Rules of the Coastal Resources t has been issued to authorize the development. Ihave enclose`! a`I �< 'ondition No. 12 states that the authorized boat slips shall not be s �U1 1' If you wish to contest our decision to'�V- � quest for a Third Party Appeal. The Chairman of the Coastal h� \\�\ er each case and determine whether to grant your request . l" 1g. The hearing request must be filed with the Director, Di writing and must be received within twenty (20) days of the disp If you would like copies of the appropriate app, specifics of the process, please feel free to contat 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM WiRO ,.,u like to discuss the .,one at (252) 808-2808 extension Sincerely, Gregg Bodnar Assistant Major Permits Coordinator ig DEQ� North Carohna Department of FiMrunmental Qualhy I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2528082608 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27I03) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) Deerbrook LLC 419 Summer Rest Road Applicant 1: First Name MI Last Name Mark rills Maynard Applicant 2: First Name MI Last Name Na If additional applicants, please attach an additional page(s) with names listed Mailing Address PO Box City state 1712 Azalea Drive n/a Wilmington NC ZIP Country Phone No. FAX No. 28403 USA 910-612-3633 n/a Street Address (if drrerent from above) City state ZIP NA Email jr@tributecompanies.com 2. Agent(ContractorInformation Business Name Land Management Group Agent/Contracor 1: First Name MI Last Name Andy n/a Dortch Agent/ Contractor 2: First Name MI Last Name Greg We 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. Na nla ext. n/a FAX No. Contractor If 910-4524060 n/a Street Address fir drrerent from above) City Stale ZIP NA Email adortchblmdrow.net, ofinch@Imoroup.net Application for Major Development Permit — December 2019 RECEIVED 419 Summer Rest Road Wilmington, New Hanover County, North Carolina DEC A b 2019 JAN 2 7 2020 Dr" ^1i .Ic DCM-MFID CITY 3. Project Location County (can be multiple) Street Address State Rd. • New Hanover 418 Summer Rest Road n/a Subdivision Name City State Zip his Wilmington NC 28405 Phone No. Lot No.(8) (d many. attach additional page with list) n/a NA a, In which NC drier basin is the project located? b. Name of body of water nearest to proposed project White Oak AIWW c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural I$IManmade ❑Unknown AIWW e. Is proposed work within city limits or planning judsdlotion7 1. If applicable, list the panning Jurisdiction or city limit the proposed ®Yes []No work falls within. New Hanover County t Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 140' @ MHW 2.13+/- acres c. Size of Individual lolls) d. Approximate elevation of boot above NHW (normal high water) or n/a NWL (normal water level) (Ifmany lot sizes, please attach additional page with a list) 6 ®NHWw[]NWL a. Vegetation on tract Shrubs, trees and lawn grasses. f. Man-made features and uses now on tract None. The she is a vacant, cleared waterfront lot. g. Identify and describe the existing land uses adiacent to are proposed project site. Residential homes and docking facilities; community docks and slips. h. How does lost government zone the tract? I. Is the proposed project consistent with the applicable zoning? R20 (Attach zoning compliance certificate, if applicable) ZYes []NO ❑NA j. Is the proposed activity pad of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National []Yes ®No ❑NA Register listed or eligible property? Application for Major Development Permit — December 2019 419 Summer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED 0 NtILNitNGTON, NC JAN20 2 2020 kECEIVED JAN 2 7 2020 DCM-MHD CITY m. (1) Are there wetlands on the site? Was ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (111) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) PRELIMINARY DELINEATION, NO UPLAND DEVELOPMENT PROPOSED, SEE APPENDIX 9 FOR DETAILS. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and impacts a. WIII the project be for commercial, public, or private use? ®Commercial ❑PubliclGovernment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to construct a fixed pier with two gazebos and two floating docks. The purpose of the project is to Provide water access and eight boat slips to the residential property. c. Describe the proposed construction methodology, types of constriction 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 a fixed pier with two 14'x14' gazebos and two floating docks that will accommodate four boat lifts and four boat slips. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft 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? h. Describe location and type of existing and proposed discharges to waters of the stale. No new discharges. 1. Will wastewater or stormwater be discharged into a wetland? -No new discharges []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water! ❑Yes []No ®NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal, Application for Major Development Permit —January 2020 419 Summer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED JAN 14 2020 QCM WILMINGTON, NC a RECEIVED JAN 2 7 2020 DCM-MHD CITY 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. It. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A ropy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. a. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name New Hanover County Phone No. NA Address 230 Govemment Center Drive, Wilmington, NC 28403 Name Turner Sue M Phone No. NA Address 415 Summer Rest Road, Wilmington, NC 28405 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, i1 necessary. J. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Must be signed by property owner) K. A statement of compliance with the N.C. 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 Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 12/4/2019 Print Name; Andy Dortch. Agent. Land Management Group Signature my vJN Please Indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED Application for Major Development Permit — December 2019 - - 0 . - 419 Summer Rest Road a Wilmington, New Hanover County, North Carolina DCM WILMlAGTO IVED JAN 2 7 2020 DCM-MHD CITY 2. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑Public/Govemment MPrivate/Community c. (I) Dock(s) and/or pier(s) (if) Number 1 fixed pier. 1 fixed L dock (ill) Length 78 1' : 31' (iv) Width 6' t 6' (v) Floating ❑Yes IgNo e. (I) Are Platforms Included? ®Yes []No If yes: (it) Number 2 Gazebos (ill) Length 14' : 14' (iv) Width 14'; 14'• (v) Floating ❑Yes ®No Note: Roofed areas are calculated from dripline dimensions. g. (I) Number of slips proposed 8 (i)) Number of slips existing None 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: 20-60' m. (I) Will the facility have tie pilings? ❑Yes ®No (ti) If yes number of tip pilings? Application for Major Development Permit —January 2020 419 Summer Rest Road Wilmington, New Hanover County, North Carolina ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes []No If yes: (it) Number 2 floating docks (ill) Length 84_�90' (iv) Width Q'_;8' (v) Floating ®Yes []No f. (1) Are Boadifts included? ®Yes 13No If yes: (it) Number 4 (III) Length 12.5' (Iv) Width 12.5' h. Check all the types of services to be provided. ❑ Full service, including travel lift andlor 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: 4 boat lifts I. 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 yachts I. (1) Will the facility be open to the general public? []Yes ®No RECEIVED JANA 4 2020 RCM WILMINGTON, NC RECEIVED 5 JAN 2 7 2020 DCM-MHD CITY I DOCKING FACILITY/MARINA OPERATIONS ®This section not epplicewe e. Check each of the foliming sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholdirg lank pumpoul; 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. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. L 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? Is Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marma/docking facility proposed within a primary or secondary nursery area? []Yes []No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑yes ONO o. Is the manna/docking facility proposed within or adjacent to 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 ❑WL _ ❑None p. Is the proposed marinafilocking 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 appliceble a. (i) Is the boathouse structure(s): []Commercial ❑PubliUGovernment ❑Private/Community RECFIVED Application for Major Development Permit — December 2019 419 Summer Rest Road RECEIVED Wilmington, New Hanover County, North Carolina �j 567019 DCM WILMINGTON, N¢AN 2 7 2020 DCM-MHD CITY III) Number (iii) Length (iv) Width Note. Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheelptle, etc. If a rock groin, use MP-2, Excevalton and Fill.) ®This section not appiicable a. (I) Number (it) Length (Ili) Width & BREAKWATER (e.g., wood, sheatplle, etc.) ®This section not applicable S. Length b. Average distance from NHW. NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 16. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): OCommercial ❑Public/Government ❑PrivatelCommuNty Distance to be placed beyond shoreline _ Note This should be measured Irom marsh edge, if present e. Arc of the swing Application for Major Development Permit — December 2019 419 Summer Rest Road Wilmington, New Hanover County, North Carolina b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DCM WIL.MING'V)N, NC �ECEfVED JAN 2 7 2020 DCM-MHD CITY 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Greater than 15' on each side. Note: For buoy w mowing piling, use arc of swing including length of vessel c. W dlh of water body —666' 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 structure(s) to adjacent docking facilities. 78' on southwest side. d. Water depth at waterward end of structure at NLW or NWL - -16' MLW existino 8. OTHER ®This section not applicable a. Give complete description: 12y412019 Uaw 419 Summer Rest Road Pmi,<t Namc Deerbrook LLC, Mark Maynard Agent, Land Management Group RECEIVED 0Ff;06Z019 Application for Major Development Permit —December 2019 tjUMV41LM NGTON. NG 419 Summer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED JAN 2 7 2020 DCM-1l CITY - "�' EXISTING RESIDENCE <<' r IF SETBACK RIPARIAN CORRIDOR :OF TE. EDGE RSH WAR. BODY TH (-666') WATER BODY WIDTH PtoP7 CEIRD /U2 EXISTING HOUSE 75' CRR SETBACK •' '^ 75' AEC �•.•��••/.... •ce•.��w \ 404 WETLAND LIN •�'•4. F \ a �� COASTAL TLAND LINE Leg NOTES: 1. LENGTH OF SHORELINE AT NHW IS IQ FEET. ��•�� •���� 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON N13NS. 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. 4. M18 PARCELS FROM NCONEMAP. S. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. JAN 2 7 2020 30' NHW BUFFER NHW RIPARIAN CORRIDOR 15' SETBACK �l��wIW11bG NO10tF � twa MW� tIpYW OY1 - GaF DCM-MHD CITY 75' AEC t Coastal Wetland Line L75'Cfi(R Setback , NHW Line 404 We and Line A A' 30' NHW Buffer ---------------- ' �W W,YIYIYI•` Tie Ramp t Existing �7_5' A_EC 30' NHW Buffer 404 Wetland Line Coastal Wetland Line 2* III i to.�ao a�ta o.Ixa olao o Sao a.�o o�o aio abo Pilings per Contractor Approximate Existing Grad (Size, Spacing, Depth) Line A' �m = e T •. I 2 F-T o -2 e � t � t.So RECEIVED NOTES: 1. LENGTH OF SHORELINE AT NHW IS 14 FEET. 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON WWII. ryr. \i� 1 fi 1OZU 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. �1.f %� TMGG. ,,°y g„n,lrpwtpma "D1° 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL 1+ PERMITTING ONLY. ,��� n. '°'"•1/ DCM WILMINGTON, NCB, '�' O°IX RpY MwA vno RECEIVED J0 2 7 20ZG DCM-MHD CITY Bodnar, Gregg From: Finch, Greg <gfinch@lmgroup.net> Sent: Monday, April 6, 2020 11:50 AM To: Bodnar, Gregg Subject: [External] Re: Deerbrook LLC. CAMA extension 'v ternal email. Do not click links or open attachments unless you verify. Send all suspicious email as a achment to t c. ov Gregg, I spoke to the applicant in regards to the negative comments received. He would prefer to just remove the commercial/slip renting aspect of the application as this point. Can you just address with a condition on the permit stating as such? Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, INC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Mon, Apr 6, 2020 at 8:32 AM Bodnar, Gregg <greRg.bodnarCalncdenr.aov> wrote: Morning Mr. Maynard, Please see above for the extension of your CAMA application. To date I am waiting on Army Corp for comments. Due to current situations I am not making any predictions on time, but once comments are complete I hope to have a final decision shortly thereafter. Regards, Gregg D E Q,, Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 808 28W ext 21S (Office) Gregg.Badnor&ncdgg_ ov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Deerbrook LLC. Mark Maynard jr@tributecompanies.com Dear Mr. Maynard, NORTH CAROLINA Environmental Quality April 6, 2020 This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to construct a commercia docking facility adjacent to the AIWW, in New Hanover County. 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 June 21, 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. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM WiRO Andy Dortch (adortch ,lm roup.net) Greg Finch (gfinch@lmgroup.net) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolm 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, April 6, 2020 8:32 AM To: jr@tributecompanies.com Cc: Andy Dortch; Finch, Greg; MacPherson, Tara; Pietila, Tanya K Subject: Deerbrook LLC. CAMA extension Attachments: Deerbrook LLC EXT.pdf Morning Mr. Maynard, Please see above for the extension of your CAMA application. To date I am waiting on Army Corp for comments. Due to current situations I am not making any predictions on time, but once comments are complete I hope to have a final decision shortly thereafter. Regards, Gregg REI oe aemeo�r.,im•,N / V Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 21S (Office) Gregg,84dnar*n cdenr.xov Email comespwrdence to and from thisaddress is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Deerbrook, LLC clo Mark Maynard COUNTY: New Hanover PROJECT NAME: 4181419 Summer Rest Road LOCATION OF PROJECT: 4181419 Summer Rest Rd, Adj to AIWW, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NIA FIELD REPRESENTATIVE: McGutr DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERM S UNIT: FEE REC'D: $400 (no split)#1788 & #1820 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 1-30-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: MAIL OUT DATE: 1-27-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 2-20-2KECiENED DEED REC'D: Yes 150 DAY DEADLINE: L� 9 202� DCM-MHD CITY STATE DUE DATE: 2-20-20 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep t DCM - LUP Consistency Determination Local Permit Officer 4u Corps of Engineers - Regulatory Branch pj'Zo 2 p/9 _( 4✓ l J {C+� flee- DWR-401 Section -4-41( DWR-Public Water Supply (ZQ X, DEMLR - Stormwater DEMLR-Sedand Erosion 2 H iD lK DOA - State Property Office 2-11&170 l�/IViV 1 Wildlife Resources Commission Z 4 uj F DMF - Shellfish Section t 31 n DMF - Habitat & Enhancement '(30 IZo AC .a 5�C;r, DNCR- Archives&History I'3b DNCR - Natural Heritage Program NCDOT NC Dept of Commerce Z �toll. RECOMMENDATIONS FOR Deerbrook. LLC c/o Mark Maynard 1/27/2020 Proposed Docking Facility Shadinq Impacts Length of Shoreline = 140' x 8' = 1,120 ftz Allowable Square Footage Proposed 671' x 6' Fixed Access Pier = 4,026 ftz (Credit) Proposed 31' x 6' Fixed Access Finger Pier = 186 ft' Proposed 14' x 14' Fixed Covered Platform (Gazebo) = 196 ft' (x2) = 392 It' Proposed 90' x 6' Floating Dock = 540 ftZ Proposed 84' x 6' Floating Dock = 504 ft' (Credit) Proposed 12.5' x 12.5' Uncovered Boatlift = 156'/4 ftz (x4) = 626 ft2 (Credit) Total = 1,118 ftz 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 8 boatslip commercial 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 JAN 2 9 2020 DCM-MHD CITY ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division of Coastal En",0nouonnl OxrrHty Management January 27, 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) areaD.bodnar a(1NCDENR.aov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 20, 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 Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation REIVED I *%, V S_IG_NATU_ RED/ SrY/ for Shannon Jenkins el F E B 3 2020 bATE 01/31/2020 State ofNorlh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 MP SECTION I6 HD ,A Received:01/27/2020 Historic Preservation Office j✓ 1� January 27, 2020 ROY COOPER MICHAEL S. REGAN Semi ..3. BRAXTON DAVIS Almmguurenr ER 20-0230 Due: 02/04/2020 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) A--- TWOVP areambodnarONCDENRmov / SUBJECT: CAMA Application Review I t 2A/V Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February_20, 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 abjection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley RECEIVED AGENCY State Historic Preservation Office JAN 3 0 2020 SIGNATURE IVIP SECTION MHD DATE i 0, Zo Stale ofNonh C mlina I Envi enml Quality) Coeval M=SW= a rr 127 Cardinal Drive Ev., Wihnirooq NC 28405 9197%7215 JAN 2. 2020 E I ROY COOPER ~� Govenror '' MICHAEL S. REGAN Seerelorr BRAXTON DAVIS NORTH CAROL@16. Director. Dlrlslon gfConstnl tnrirmrrx:nml (tmlilp Mmtagcment January27, 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. bodnar2NCD ENR.gov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to A/WW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 20, 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. T�nts use ce�Wces 0- AGENCY SIGNATURE STectrj kSO �PC vht State of North Carolina I Favironmental Quality l Coastal Management 127 Cord'mal Drive FiL, WnmfigW, NC 2840S 919796721E RECEIVED JAN 2 0 2020 P SECTION MHD ROY COOPER MICHAEL S. REGAN A ,L/R BRAXTON DAVIS NOR Th CAROLINA January 27, 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) greco.bod narCrDNC DEN R.aov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by FebluBry. 20, MO., 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: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments: PRINT -NAME Batt{( &ae AGENCY pu.6jfr. (,,JJV SIGNATURE ljt4a: 1la�+n DATE (• d�4-J.a J A N 2 9 2020 MIP SECTION MHD State of North Carolina 1 Environmental Quality; Coastal Management 127 Cardinal Drive Etc, Wilmington. NC 28405 919 796 7215 ROY COOPER„ Gomm, MICHAEL S. REGAN S"7",y BRAXTON DAVIS 1)Inrmr, tlnvmm n/('rur4ul, January 27, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue; Morehead City, NC 26557 Fax: 252-247-3330 (Courier '11-12-09) great. bodnarAN CDEN R. gov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in LM(mington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's positionor viewpoint on the proposed project and return this form to Grema Bodnar at the address above by February 20,. 2020j 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" 1( @lam 01i t4oww P/,,q q55��� This agency has no comment on the proposed project. DA-rd� I '2 �' LO V This agency approves of the project only if the recommended changes l% are incorporated. See attached. This A' (agency objects to the project for reasons described in the attached comments. 1'RINT PIAME C�j� W N/P AG' ENCY NC(� �$0010 Z M Er , �74,00'0* �0, E Di4T6 I � ` 22,s> RECEIVED E® JAN 3 0 2020 APIP SECTION MHij SmteofNUrlb Cwv1ina Environmental Qualiq•,Co al Maoagemenl 127 Cardinal Dri%v Eq. Wilmington, NC 2g405 919 796 7215 ROY COOPER (ime m" MICHAEL S. REGAN K5 weary BRAXTON DAVIS Owd7v,the&twt of Caaala! Nanµgoarr,d January 27, 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) grean.bodnar a(WDENR.aov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Locatlon: , 4161419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grerra Bodnar at the address above by February 20, 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: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY NG �,Rl� �c�1d`Mad`G2 RECEIVED SIGNATURE F E B 1 0 2020 2(l0l20 DATE NIP SECTION la HD State of Noah Cwalina I Environmental Quality ICoaeml Manasemeat 127 Cwdinal Drive E#., Wilmington. NC 2s405 919 7967215 ,.� ^ ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Davcmp Division ofCoasfal Envirornnental Ouallg, Management January 27, 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) gregg. bod nar(QNCDEN R.gov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by'February_20, ..., -1 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 AGENCY SIGNATURE 6anleAJ. RECEIVED F E B 5 2020 DATE February 4, 2020 MP SECTION Mho® State of North Carolina I, Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 F� 1' January 27, 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) greambodnar an.NCDENR.gov SUBJECT: CAMA Application Review ROY COOPER ti"il'emor MICHAEL S. REGAN .ir,'relnrl' BRAXTON DAVIS UG'ntw'. f)m nult tar<'aova.t Van Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. 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 February 20, 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" M� This agency has no comment on the proposed project. s6 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. PRINfIAME Wa-� �t-+tj (I arc) AGENCY .�01-Cis /'tub-�Rna�,., Q'L,lintci SIGNATURE W '"a_ vud-) DATE_ l8'r.�DoLC7 Stale of North Carolina I Environmental Quality I Coastal Managemwl 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 F E B 1 9 2020 North Carolina Department of Administration State Property Office Roy Cooper, Governor February 18, 2020 TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard 4A-L9 O'J Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Deerbrook, LLC Machelle Sanders Secretary Tim Walton Director RE: 418/419 Summer Rest Road, adjacent to AIW W in Wilmington, New Hanover County Please confirm that the facilities are not located within the I000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. F E B 1 9 2020 MP SECTION NIHD State of North Carolina I State Property Office 116 Westjones Street, Suite 405511321 Mail Service Ctr. I Raleigh, NC 27699 9198074650 TI Web:http://www.ncspo.mm ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS January 27, 2020 9z.o01.31. of 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) .qregq.bodnar(d)NCDENR.gov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facilely. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grecto Bodnar at the address above by February 20, 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 'v !za z 1 1 n AGENCY N(1c( SIGNATURE DATE Z- Icj-2v?p State of North Carolina I Environmental Quality( Coastal Management 127 Cardinal AiveExt• Wilmington, NC 2805 9197967215 n"ECEIVED F E B 1 9 2020 MP SECTION MHD MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Deerbrook, LLC, Wilmington Date: March 30, 2020 Consistency Determination: This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. The applicant proposes to construct an 8-boatslip commercial docking facility. The property is located at 418/419 Summer Rest Road, adjacent to the AIWW in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, PTS, CW, EW, and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Residential while the AECs impacted by the work are classified as Conservation. In general, Wilmington -New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards, including those policies for marinas. Policy 3.18 of the Wilmington -New Hanover County Joint Land Use Plan states: Policy 3.18 Provide public access to public trust waters by allowing the development of marinas, dry stack storage, and moorings to the extent that their development shall not adversely affect estuarine resources or public trust waters. The following standards shall apply: a. Marinas as defined in this plan shall not be allowed in Primary Nursery Areas (PNA), Outstanding Resource Waters'® Shellfishing Waters (SA). MAR 3 0 2020 MP SECTION MHD Because the waters at the location of this proposal are CLOSED to the harvesting of shellfish, this project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File RECEIVED MAR 3 0 2020 MP SECTION MHD Bodnar, Gregg From: MacPherson, Tara Sent: Wednesday, April 1, 2020 5:03 PM To: Bodnar, Gregg Subject: FW: Wilmington-Deerbrook LLC FYI Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macpherson()ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Christenbury, Mike Sent: Monday, March 30, 2020 4:27 PM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: Wilmington-Deerbrook LLC Since the waters are already closed... that's fine. 3.18. Provide public access to public trust waters by allowing the development of marinas, dry stack storage, and moorings to the extent that their development shall not adversely affect estuarine resources or public trust waters. The following standards shall apply: a. Marinas as defined in this plan shall not be allowed in Primary Nursery Areas (PNA), Outstanding Resource Waters (ORW), or open Shellfishing Waters (SA). Limited exceptions may be allowed in the Urban Water Front District, to the extent that they are consistent with the goals and objectives of the Cape Fear River Corridor Plan (1997) and the Wilmington Vision 2020 Plan (2004), and in designated areas zoned Waterfront Urban Mixed Use Districts. Community boating facilities of any size that may be permitted by the Division of Coastal Management may be allowed for waterfront communities. .....Marinas as defined in the plan have commercial components. A "marina" with no commercial elements are defined as Community Boating Facilities. From: MacPherson, Tara Sent: Monday, March 30, 2020 3:27 PM To: Christenbury, Mike <mike.christenburv@ncdenr.aov> Subject: RE: Wilmington-Deerbrook LLC Hey@ What if it is commercial? They want to rent the slips... Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara. macohersonC7ancdenr. aov 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Christenbury, Mike Sent: Monday, March 30, 2020 3:25 PM To: Bodnar, Gregg <erea¢.bodnar@ncdenr.gov> Cc: MacPherson, Tara <tara.macpherson@ncdenr.eov> Subject: Wilmington-Deerbrook LLC See attached. Let me know if you have any questions. Thanks, -MikeC DocuSlgn Envelope ID: 33001868-BOED-427E-A92F-492878DD3DE5 ROY COOPER Govemor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 23, 2020 DWR # 2020-0151 New Hanover County Deerbrook LLC C/o Mark Maynard 1712 Azalea Drive Wilmington, NC 28403 Subject: 419 Summer Rest Road —Wilmington, NC 28405 No Written Approval Dear Mr. Maynard: The Division of Water Resources (DWR) has received a copy ofyour CAMA Major application request dated received by this office on January 27, 2020, sequential information received January 29, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at hfp://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: RCEL MAR 3 1 L-')0 North Carolina Department of Environmental Quality I DivisioFUir Wat c TIC - 'a ;;';- �� Wilmington Reglonal Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 26MO5 �' 910.796.7215 DocuSign Envelope ID: 33001868-BOED427E-A92F492878DD3DE5 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: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Robb Mairs at 910-796-7215 or robb.mairs(abncdenr.gov if you have any questions or concerns. Sincerely, DocuSigneE W. E3ABA16AC]DC63C... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ' Enclosures: GC 4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Greg Currey & Liz Hair, USACE Wilmington Regulatory Field Office, EC Andy Dortch & Greg Finch, Land Management Group, EC DWR 401 & Buffer Permitting Branch file-LF WiRO Bodnar, Gregg From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Sent: Monday, April 13, 2020 5:06 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; McGuire, Tyler D; Weychert, Curtis R Subject: [External] SAW 2019-01871 Deerbrook, LLC Commercial Dock Attachments: Deerbrook.bio.narr.app.pdf, Deerbrook.drawings.pdf 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<mailto:report.spam@nc.gov> All: 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 14, 2020. The project is located adjacent to the AIWW at 418/419 Summer Rest Road, Wilmington, New Hanover County, North Carolina (N 34.223403 W-77.810847). The proposal is to construct an eight (8) slip commercial docking facility. This•facility will include a 671 feet by 6 feet fixed access pier, a 31 feet by 6 feet fixed L pier (perpendicular to the main pier and to the northeast), two (2) 14 feet by 14 feet covered gazebos, a 90 feet by 6 feet floating dock and a 84 feet by 6 feet floating dock. This docking facility will cover 3,690 square feet of coastal wetlands and 2,547 square feet of open water of the AIWW. The access pier will be located a minimum of three (3) feet above coastal wetlands. Please see the attached application request, plans dated September 10 and November 18 and 25, 2019, 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 the AIWW are designated SA and HOW by the Division of Water Resources. The Waters ARE NOT designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed, relative to the harvesting of shellfish. 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. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 May 15, 2020 Regulatory Division Action ID No. SAW 2019-1871 Mr. Jonathan Howell North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEIVED M AY 1 5 2020 NIP SECTION MHD Reference the application by Deerbrook, LLC to construct an eight (8) boat slip commercial docking facility within the AIWW at 418 & 419 Summer Rest Road, New Hanover County, North Carolina (N 34.223403 W-77.810847). This facility will include a 671 feet by 6 feet fixed access pier, a 31 feet by 6 feet fixed L pier (perpendicular to the main pier and to the northeast), two (2) 14 feet by 14 feet covered gazebos, a 90 feet by 6 feet floating dock and a 84 feet by 6 feet floating dock. The docking facility will cover 3,690 square feet of coastal wetlands and 2,547 square feet of open water of the AIWW. The access pier will be located a minimum of three (3) feet above coastal wetlands. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 3. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 4. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 5. 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 N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956'and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 7. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973. 8. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 9. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 10. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the MERGE NOE MAY 1 5 2020 MP SECTION MHD Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, telephone (910) 251-4707. Sincerely, CURREY.GREGORY.E. NgaEr�niconvnGEW.msi0 UG EN E.1051011950 I1950 Date: 3030.05.15 0831:58 -09'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Plans dated September 10 and November 18 & 25, 2019 Copy Furnished by email with attachment: Mr. Paul Wojoski Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tara MacPherson Mr. Gregg Bodnar North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr.Fritz Rohde Ms.Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber i, National Marine Fisheries Service Habitat Conservation Division MAY 1 5 2020 MP SCCTUN PTIP ' 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED MAY 1 5 2020 MP SECTION MHD r Ilk. , EXISTING RESIDENCE s,;. �_ , gill 15' SETBACK ` u % RIPARIAN CORRIDOR —OUTER EDGE y° OF MARSH �ar WATER BODY d� WIDTH (—(366') ilk. .@ •� �� � ., �j �• \ #may ` _ � �: y�� ( -- a WATER BODY WIDTH WA 5 2020 Legend NOTES: e����i�i�i�����u 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. PfOP��IVY� 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 8113119. t 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. 4. 2018 PARCELS FROM NCONEMAP. JAR 16 2020 S. NOT SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. EXISTING HOUSE 75' CRR SETBACK \ 75' AEC r- 404 WETLAND LIN 'i. Nk I r-- COASTAL 30' NHV ,,-- NI 419 Swnmar Red R mew upe mma PROPOSED 671' LONG x 6'AIVIDE STAIRS —� c O j FrisT��c MLW 83 08, •\ No. tom\ Oo� IMIM M RAP SgICTION NOTES: 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. MLW WATER DEPTHS AND BASE SURVEY BY BATEMAN CIVIL SURVEY CO. AUGUST 2019. 3. NOT SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. is "I F SE RIPARIAN CO 15.0 `1q. q WA WA IS 419S =,R.ItR� 11/182818 9 ab: 1ma ID tI upd m.aner bee Ybw CSF t/eriato 1MG19.R88 PAP 0 75' AEC ' `Coastal Wetland Line 75' C$R Setback \ NHW Line 0;;-� 404 We and Line t 30' NHW Buffer I ��iBHfHHxIx�xHH�i----------------- Tie Ramp to 75' AEC Existing Grade 30' NHW Buffer �404 Wetland Line Coastal Wetland Line NHW Line A I I I 1 I 1 8I 6 2-. L_ - z , I I I E C E I VE alm I alto d30 0:4o a�o °.lsa 0-& idea . i o+la° I »lo° 1:40 Pilings per Contractor Approximate Existing Grade AY 1 5 2020 (Size, Spacing, Depth) CTION PAM RECEIVED NOTES: 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 0/13119. r JAN.162029 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. 4te6am.m P.4d LMG 4. NOT SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. .wrt..m. w DCM WILMINGTQN, NO '�""dtlSXppprs611" °4ck PMftV A Man�,ecn rase, umw ze4m sa4.4samt ge of Marsh I� Oi 4 Wi Jth Br ----------------- -------------^---- - D ------------------- --- - ------- ------ - �..--- -- ------ D Outer Edge of Marsh USACE Setback Proposed 84' long x 6' wide floating dock >Mn Ys?nPYndob 0 . 2 4 Pilings per C-antractor, -12 Size' S acin Depth) _ _ �. P 9. p ) .- Approximate Existing Grade �. -14 .16 46 _ .-08 I I 1 'P w'Jo Mli6 O-00 M� 0.6 o.1. 116 Ilto 1 I ,.'0 t.b two J. t:f0 1 11I6 RECEIVED 11 20 g1; 2¢�a0AA qq,,pp �l1��gg�� ttA�'Y, �tiLNGIlik/F6134$ELINE,Iq}'�r{IiytlJ�140FEET. 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 8113119. rryc 6m,; ,t„1 ,, o,�., 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. T 7�d� 419Sm.Rent Road 1125R01P 1/162010 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL L1Yl(� ��FatL tss s� PERMITTING ONLY. .04va. and ae nobs 1MG19298 aBhS YEIya.MIb4w 6uBe 16 He�NaM CccOna2M0a ppy PrcAJe VewB 6MIIl1y. WAD Slam NunW[ 5of6 elwumol 2. 3. 4. 5. 8. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Deerbrook, LLC. c/o Mark Maynard LOCATION OF PROJECT SITE: 418/419 Summer Rest Rd, New Hanover County adjacent to AIWW LATITUDE: 34' 13' 24.25" N LONGITUDE: 77° 48' 39.05" W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date of Site Visit: January 17, 2020 Applicant/Agent Present: NO PROCESSING PROCEDURE: Application Received: December 5, 2019 Application Completed: January 23, 2020 Office: Wilmington SITE DESCRIPTION: (A) Local Land Use Plan: Wilmington - New Hanover County Joint CAMA Plan 2006 Update Land Classification From LUP: Residential (R-20) / Conservation (B) AEC(s) Involved: ES, PTS, CW, EW & PTA Water Dependent: YES (C) Intended Use: Commercial Docking Facility (D) Wastewater Treatment: Existing — Municipal Planned — N/A (E) Type of Structures: Existing — Single Family Residence Planned — Pier, L-Head Deck, Gazebos, Floating Docks, Boatlifts (F) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION. [AREA] DREDGED FILLED IMPACTS (A) Uplands N/A N/A 36 ft' (Shaded) (B) Vegetated Wetlands N/A N/A 3,690 ft2 (Shaded) (C) Open Water N/A N/A 2,547 ft' (Incorporated) (D) Total Area Disturbed: 6,273 ft' (0.14 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SA; HQW (G) Shellfish Harvesting Open: NO (Closed) PROJECT SUMMARY: The applicant proposes to construct an 8 boatslip commercial docking facility within the Atlantic Intracoastal Waterway. RECEIVED JAN 2 7 2020 DCM-MHD CITY Deerbrook, LLC. c/o Mark Maynard Page 2 9. PROJECT DESCRIPTION The project site is located at 418/419 Summer Rest Road in Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway (AIWW). To locate the property travel east on Eastwood Road (US Hwy 74) from Military Cut -Off Road (US Hwy 17) for approximately 1 mile towards Wrightsville Beach. Before crossing the drawbridge turn left onto Summer Rest Road and the destination will be at the end of the road on your right. The applicant currently maintains a single-family residence on the left side of the road at 419 Summer Rest Road. That parcel extends across the road and provides access to 418 summer rest road, which has riparian rights. The property is adjacent to residential properties to the west and a private docking facility to the south. A vacant lot is located to the north with the AIWW to the east. The lot is approximately 2.13 acres and has an average elevation of 6' above normal high water (NHW). The project site has approximately 140 linear feet of shoreline frontage stabilized by natural vegetation. Highground vegetation consists of shrubs, trees, and lawn grasses. At the transition from highground to wetlands, 404 Wetlands are present including Marsh Elder (Iva frutescens), Grounsel-bush (Baccharus halimifolia), and Wax Myrtle (Myrica cerifera). Coastal Wetlands are present watenvard of the 404 Wetland line containing Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis spicata), Sea Lavender (Limonium, spp.), and Saltwort (Salicornia, spp.), before transitioning to primarily Salt Marsh Cordgrass (Spartina alterniflora). Coastal Wetlands extend approximately 500' into the waterbody from NHW. The Wilmington — New Hanover County Joint CAMA Land Use Plan 2006 Update classifies the adjacent waters and high ground area of the project site as Residential (R-20)IConservation. The waters in the project area are classified SAIHQW by the Division of Water Resources. The waters are CLOSED to the harvest of shellfish and the area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. 10. PROPOSED PROJECT The applicant proposes to construct an 8 boatslip commercial docking facility within the Atlantic Intracoastal Waterway. A fixed access pier measuring approximately 671' x 6' would extend perpendicularly from the highground at 419 Summer Rest Road through the parcel that extends below NHW, which is 418 Summer Rest Road (see Sheet 1 of 5). The proposed fixed access pier would begin on the southern 15' Riparian Corridor Setback line extending approximately 130 linear feet before jogging to the northeast within the applicant's Riparian Corridor (see Sheet 4 of 5). The proposed fixed access pier jogs for approximately 20 linear feet then continues in a southeasterly direction for approximately 470 linear feet. The proposed fixed access pier would be at least 3' from the bottom of the deckboards to the substrate where wetlands are present. Extending south of this fixed access pier would be a proposed 14' x 14' covered fixed platform (gazebo) (see Sheet 3 of 5). A proposed fixed access finger pier measuring approximately 6' wide would connect perpendicularly to the main fixed access pier in a northern direction for approximately 31 linear feet. This fixed access finger pier would terminate into another proposed 14' x 14' covered fixed platform (gazebo). From this gazebo an access ramp would connect to the proposed 90' x 6' floating dock accommodating wet slip numbers 7 and 8. At the shallower northwest end of this floating dock would be two (2) proposed 12.5' x 12.5' uncovered boatlifts providing boatslip numbers 3 and 4. Oriented parallel and in line with the main fixed access pier would be an access ramp leading to a proposed floating dock measuring approximately 84' x 6' accommodating wet slip numbers 5 and 6. At the shallower northwest end of this floating dock would be two (2) proposed 12.5' x 12.5' uncovered boatlifts providing boatslip numbers 1 and 2. Both proposed floating docks would terminate at the U.S. Army Corps of Engineers Federal Channel Setback and would not exceed the''/, width of the waterbody. RECEIVED JAN 2 7 2020 DCM-MHD CITY Deerbrook, LLC. c/o Mark Maynard Page 2 The 8 proposed boatslips would be located in water depths ranging from approximately -5' to -16' at mean low water (MLW) according to the application. The proposed 8-slip commercial docking facility would not encroach into either 15' Riparian Corridor Setback. 11. ANTICIPATED IMPACTS The proposed 8 boatslip commercial docking facility would impact approximately 6,273 ft' within the Estuarine Waters & Public Trust Areas AECs. Approximately 3,726 ftz of the proposed 8 boatslip commercial docking facility shade the Estuarine Shoreline & Public Trust Shoreline, Coastal Wetlands, and Estuarine Waters & Public Trust Areas AECs. Approximately 2,547 ft' of the proposed 8 boatslip commercial docking facility incorporate Estuarine Waters and Public Trust Areas AECs. The proposed 8 boatslip docking facility would extend approximately 140' into the waterbody, which measures approximately 666' wide from the edges of Coastal Wetlands bordering the waterbody. The proposed 8 boatslip commercial docking facility would not exceed the U.S. Army Corps of Engineers Federal Channel Setback nor encroach into either 15' Riparian Corridor Setback. The proposed 8 boatslip commercial docking facility would meet the 8 square feet per linear foot of shoreline rule and conform to the pier length rule. Minor increases in turbidity should be expected during construction. Submitted by: Tyler McGuire Date: January 27, 2020 Office: Wilmington RECEIVED JAN 2 7 2020 DCM-MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located on the Atlantic Intracoastal Waterway at 419 Summer Rest Road in Wilmington, New Hanover County. There is an existing single family residence located on the west side of Summer Rest Road. Work is proposed on the undeveloped east side of Summer Rest Road, LMG staff flagged Normal High Water, 404 and Coastal Wetlands on August 9, 2019. Normal High Water and Coastal Wetland lines were verified by DCM staff on August 13, 2019. A 404 wetland jurisdictional delineation package was completed and submitted to USACE on September 27, 2019. Waters in the project area are classified as SA and are not open to shellfishing. There are no SAV or shellfish resources present. 3.1.2 Proposed Action There is no upland work proposed on the waterfront lot. In order to provide Intracoastal Waterway access to the property, a 671-foot long fixed pier with 31-foot L dock is proposed. Two 14' x 14' covered fixed gazebos and two floating boat docks are also proposed. Proposed floating docks are will be 84-feet long by 6-feet wide, and 90-feet long by 6-feet wide, see Appendix A for details. Due to sufficient water depths surrounding the proposed floating docks, no dredging is proposed. Application for Major Development Permit —January 2020 419 Summer Rest Road Wilmington, New Hanover County, North Carolina RECEIVED IAN 14 2020 DCM WILMINGTON, NO RECEIVED 9 JAN 2 7 2020 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Deerbrook LLC, Mark Maynard 1712 Azalea Drive Wilmington, NC 28403 jr@tributecompanies.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: covered gazebos and floating docks installation of fixed pier with at my property located at 419 Summer Rest Road Wilmington, NC 28405 in New Hanover County. 1 furthermore certify that 1 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: y� Signature 9' -AL&i4 Print or Type Name Title Date This certification is valid through 1_ 131 / 2020 RECEIVED JAN 2 7 ?070 DCM-MHD CITY RECEIVED DEC 05 ?019 DCM WILMINGTON, NC (ZLMG G a DAVFVt compnnv December 4, 2019 NEW HANOVER COUNTY 230 GOVERNMENT CENTER DRIVE WILMINGTON, NC 28403 To Whom It May Concern: Deerbrook LLC is applying for a LAMA Major Permit for development activity on their property located at 419 Summer Rest Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B 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: Tara MacPherson 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 adortchCmlmgroup.net Sincerely, Andy Dortch, Agent Land Management Group Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JAN 2 7 2020 DCM-MHD CITY RECEIVED DH 0 5 2019 OCM WILMINGTON, NC tLMG C a DAVEY* company December 4, 2019 TURNER SUE M 415 SUMMER REST ROAD WILMINGTON, INC 28405 To Whom It May Concern: Deerbrook LLC is applying for a CAMA Major Permit for development activity on their property located at 419 Summer Rest Road, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development In order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B 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: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the INC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this noticewill 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(a) I mgroup. net Sincerely, Andy Dortch, Agent Land Management Group Enclosures wvnv.lmgroup.net . Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JAN 2 7 2020 DCM-MHD CITY RECEIVED nFC 05;019 OGM WILMINGTON, INC U.S. Postal Service" CERTIFIED MAIL"RECEIPT Domestic mail only rq t,k mCertifletlMellFee f3 50 U406 = Ex1re isek,ey�[mM. y 02 o ❑wnm.e roH.w.�awl { Postm 0 ❑c.nmee M+R.aaa DeYeep t Here O ❑Wean sgnmure Rpee,e 00 M Postag— ❑,wurc sbWw•n..mdeatwwY i e o $ $1.%5 mm Total Poaya..r W.05 12/04/2019 Etta SIe �✓1 a T.«�. ost,w _......... --------------------- ;.\"(,>.-, i)(— ') 6-1 o 7 Postal CERTIFIED MAIL RECEIPT o ,e rq 0 QQ I m ed Mel .. 0406 P a 02 ❑horn a•v�tleM'�,g0,y Recap 7•MocP// i � ❑hnm Recent (ewarmq { ••.uV ❑CeRn'.e Mal Reeti lM pYwy i� Poelmark 0 ❑mAzsgw.R",1w t Here �Pderc sh.+ewn hebkleE oW-Y { Ir Postage 11.75 mm 12/04/2019 TotalPostago ,OS a m senrro m Slieierid'Aye7Gw. &%H7NorliFi�..... ---............... .... N .............._-. we M RECEIVED RECEIVED JAN 2 7 2020 nFf 0 5 20I9 DCM-MHD CITY UGM WILMINGTON, NC McGuire, Tyler D From: Dortch, Andy <adortch@lmgroup.net> Sent: Wednesday, December 11, 2019 6:46 AM To: MacPherson, Tara; McGuire, Tyler D Cc: Mark L. Maynard, Jr; Greg Finch Subject: [External] Re: 419 Summer Rest Road CAMA Major Application Attachments: delivery confirmation cards.pdf Categories: CAMA Greetings all, attached are the green card delivery confirmations for 419 summer rest road. Please let us know if you need any additional information to accept this application as complete. thank you Andy Dortch I Environmental Scientist - Project Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 tLMG LAND MANAGEMENT GROUP a DAVEYT. mmPmy On Thu, Dec 5, 2019 at 10:01 AM Dortch, Andy <adortchAlmgroup.net> wrote: Greetings Tara and Tyler, Attached is a digital copy of the CAMA Major Permit Application for a project located at 419 Summer Rest Road, Wilmington 28405. A hard copy will be delivered to your office today. Please let us know if you have any questions, or need any additional information to accept this application as complete. Thank you Andy Dortch I Environmental Scientist - Project Manager Land Management Group Environmental Consultants 3805 Wrightsville Avenue Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell; 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP a DXXTO mmMmy RECEIVED JAN 2 7 2020 DCM-MHD CITY t RECEIVED DEC 1 1 2020 DCM WILMINGTON, NC 0 LrnIf, I(% I, ■ Complete Items 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 M space permits. 1. ArticleAddressed al: -n IA\S SMwx, lv �\vH.Y�, Inc, ae�os IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 9590 9402 5045 9092 9204 21 2. Artlole Number (liens/er from ell4ae/aoa9 7018 3090 0001 9313 0197 PS Form 3811, July 2015 PSN 71530-02-00.9053 A. SiOr uro x NI.".QeA` of Delivery dowery address drcerenl from tarn I? L7 Yea YES, enter delivery address below: ❑ No dervlGe lyp. 13 PI Mal Adlat Slpn n ❑Rsa�ataed Meal Adua 31g nature real OWN" ❑ mmtlwl Mal aeefAo[od Cabled Mell® ery Certl[10 U'l Reeldolad Delvwy ❑ Ilalam lte,slpt far 0~.' DeNvy MnGi.WIM 00e mDe:IVay Reeuw.ed Oallrery ❑Sian o CarN"flon`a Insured Mall ❑ab119t11(O CanlYrrWbn Imam Mal HoMrlQed Call Renrbled D&Mvy, ■ Complete items 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 mallpleoe, or on the front if Space pm_ mite. I. Article Addreneo to: /` •ire Ilv1',0.Aaay✓ '}eSB GYa�annel� Ct�\t.) t1)r„�' ` a• ').- 01 t<. A. Signature �� � ' 1`�I p � �1{ X •(�)�t/ l.� �l}`� A, D�Bnt ❑ Addressee BAR byby Q'rkrlad NsrrsJ of UeYvory LOete D. is delivery addlssa dllU.", tern 17 ❑awl Yea if YES, Mar delivery laddyms below: ❑ No IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3. Sar ❑Adam ❑ AdN1 9204 45 ° c°"" 9590 9402 5045 call ❑ cwtlad a ❑C neotm o ° Colsci n 2. Amble Number (fiansfor Imm service kdieU ° moved M 7018 3090 0001 9313 0180 PS Form 3811, July 2015 PSN 7530-02-000-OM RECEIVED JAN 2 7 2020 In Primly Mee Evpeeso ❑ Rspblwsd Mall- ldDONVY ❑aeale WMel aeatricted Dd" ❑paten Rec,gl lm eel lw lcted"',Wy 0avWI0— ❑9U.Carfr.a Dry wy Restricted Ddv.Y DCM—MHD CITY Domestic Return Receipt RECEIVED DEC 112020 QCM WILMINGTON, NC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Bryan Batten 411 Summer Rest Rd. Wilmington, NC 28403 Dear Mr. Batten: NORTH CAROLINA Env/rotunenfal Quauty May 15, 2020 This letter is in response to your correspondence, which was received by the Division of Coastal Management dated February 27, 2020, regarding your concerns about the proposed development by Deerbrook LLC., at 418-419 Summer Rest Rd., in Wilmington, New Hanover County. The proposed project consisted of an 8-slip docking facility. During the review of the project the applicant has removed the request to designate the docking facility as commercial for the purposes of leasing boat slips. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit, in which Condition No. 12 states that the authorized boat slips shall not be sold or leased. If you wish to contest our decision to issue this permit, you may file a request for a Third Parry Appeal. The Chairman of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM WiRO Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bryan Batten <bryan@myreevuu.com> Sent: Thursday, February 27, 2020 12:18 PM To: Bodnar, Gregg; McGuire, Tyler D Subject: [External] Commercial Marina Application 419 Summer Rest Rd - STRONG OPPOSITION External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to I hope this email finds you well. I am a resident on Summer Rest Rd Wilmington NC (411 Summer Rest Rd) We are actually 2 doors down from the proposed 419 Summer Rest Carnal Permit. We have very real concerns about this project and would like to document our VERY STRONG OPPOSITION TO THIS APPLICATION. A commercial dock with 8 slips is going to cause tremendous traffic and safety issues on the street and in the waterway. There is no where to park for these slips and allowing this would be detrimental to the neighborhood street. We have two young kids and the amount of current traffic up and down the street that has no exit is so out of control. It is hard to take the kids out for a bike ride as we constantly have to pull over and let cars pass. Adding 8 boat slips for sale would only multiply this. How would these people get to their boats with their coolers and gear to walk down a 700 ft pier? Rarely do people take a boat out by themselves and 8 cars turns into 16 as they have friends come on the boat with them. As this is a cul de sac and we have so much traffic from people sightseeing and driving up and down the street, adding 8 new "owners" to the already congested area would be terrible for the neighborhood from a traffic and safety standpoint. In addition, the waterway, with all the boat traffic coming in from Mason's inlet and out from Palm Tree Island, the boat traffic is insane. Not to mention the current that runs through this area is extremely tricky when docking a boat and adding 8 slips is going to be a disaster. In 3 years I have had to replace all the u-bolts on the floating dock 3x already. Thank you for your time and please let me know if I can provide anything else Thanks Bryan Batten 910 386 6922 0_ Bodnar, Gre From: Bryan Batten <bryan@myreevuu.com> Sent: Thursday, February 27, 2020 12:18 PM To: Bodnar, Gregg; McGuire, Tyler D Subject: [External] Commercial Marina Application 419 Summer Rest Rd - STRONG OPPOSITION I hope this email finds you well. I am a resident on Summer Rest Rd Wilmington NC (411 Summer Rest Rd) We are actually 2 doors down from the proposed 419 Summer Rest Cama Permit. We have very real concerns about this project and would like to document our VERY STRONG OPPOSITION TO THIS APPLICATION. A commercial dock with 8 slips is going to cause tremendous traffic and safety issues on the street and in the waterway. There is no where to park for these slips and allowing this would be detrimental to the neighborhood street. We have two young kids and the amount of current traffic up and down the street that has no exit is so out of control. It is hard to take the kids out for a bike ride as we constantly have to pull over and let cars pass. Adding 8 boat slips for sale would only multiply this. How would these people get to their boats with their coolers and gear to walk down a 700 ft pier? Rarely do people take a boat out by themselves and 8 cars turns into 16 as they have friends come on the boat with them. As this is a cul de sac and we have so much traffic from people sightseeing and driving up and down the street, adding 8 new "owners" to the already congested area would be terrible for the neighborhood from a traffic and safety standpoint. In addition, the waterway, with all the boat traffic coming in from Mason's inlet and out from Palm Tree Island, the boat traffic is insane. Not to mention the current that runs through this area is extremely tricky when docking a boat and adding 8 slips is going to be a disaster. In 3 years I have had to replace all the u-bolts on the floating dock 3x already. Thank you for your time and please let me know if I can provide anything else Thanks Bryan Batten 910 386 6922 0- Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, February 27, 2020 1:02 PM To: Bryan Batten; McGuire, Tyler D Subject: RE: [External] Commercial Marina Application 419 Summer Rest Rd - STRONG OPPOSITION Afternoon Mr. Batten Thank you for your email today concerning the Coastal Area Management Act (CAMA) Permit application for 419 Summer Rest Rd. As you may be aware, the Division of Coastal Management is coordinating a multi -agency state and federal review of the proposal. I can assure your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. The Division appreciates you submitting comments on this application. Your comments will be added to the official permit application file for this project. Please feel free to contact me by phone (252-808-2808 extension 215), or email (Gregg.Bodnar@ncdenr.gov) if you should have any additional concerns relating to this project. Thanks again for your comments, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 2S2 ON 29M ext 21S (Office) Gre nar ncdenr.aov &non correspondence to and from this address is subject to the North Carolina Publk Recards Law and may be disclosed to third parties. From: Bryan Batten <bryan@myreevuu.com> Sent: Thursday, February 27, 2020 12:18 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; McGuire, Tyler D <Tyler.McGuire@ncdenr.gov> Subject: [External] Commercial Marina Application 419 Summer Rest Rd - STRONG OPPOSITION I hope this email finds you well. I am a resident on Summer Rest Rd Wilmington NC (411 Summer Rest Rd). We are actually 2 doors down from the proposed 419 Summer Rest Cama Permit. We have very real concerns about this project and would like to document our VERY STRONG OPPOSITION TO THIS APPLICATION. A commercial dock with 8 slips is going to cause tremendous traffic and safety issues on the street and in the waterway. There is no where to park for these slips and allowing this would be detrimental to the neighborhood street. We have two young kids and the amount of current traffic up and down the street that has no exit is so out of control. It is hard to take the kids out for a bike ride as we constantly have to pull over and let cars pass. Adding 8 boat slips for sale would only multiply this. How would these people get to their boats with their coolers and gear to walk down a 700 ft pier? Rarely do people take a boat out by themselves and 8 cars turns into 16 as they have friends come on the boat with them. As this is a cul de sac and we have so much traffic from people sightseeing and driving up and down the street, adding 8 new "owners" to the already congested area would be terrible for the neighborhood from a traffic and safety standpoint. In addition, the waterway, with all the boat traffic coming in from Mason's inlet and out from Palm Tree Island, the boat traffic is insane. Not to mention the current that runs through this area is extremely tricky when docking a boat and adding 8 slips is going to be a disaster. In 3 years I have had to replace all the u-bolts on the floating dock 3x already. Thank you for your time and please let me know if I can provide anything else Thanks Bryan Batten 910 386 6922 From: Bodnar, Gregg Sent: Wednesday, March 25, 2020 11:40 AM r To: Cc: georgejohnson@me.com MacPherson, Tara a Subject: Deerbrook LLC. C17 Morning Mr. Johnson, To date I am still waiting on comments from a few resource agencies, so it is possible that the project will be extended. Due to COVID-19 policies and the effects of working from home, most projects are being extended. That being said if comments do come in and the comprehensive review has been completed, then a final decision would be possible. Public comments are accepted up to the final determination. If there are any comments that would like to become part of the project file then those comments can be emailed to me. Regards, Gregg D_E Q 'N Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 SM 28W ext 21S (Office) 6reAL ft-0 Zf0ncdsnuoy Email correspondence to and from this address is wbjw to the North Carolina Public Records Law and may be disdosed to third parties. Bodnar, Gregg From: MacPherson, Tara Sent: Wednesday, March 25, 2020 10:45 AM To: Bodnar, Gregg; Weychert, Curtis R Cc: Pietila, Tanya K Subject: FW: [External] Summer Rest Docking Facility Attachments: Deerbrook.bio.narr.app.pdf Hi guys, Sounds like the attached project is in review. Please see the email below and if you can comment that would be great. Thanks, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara.macoherson aa)ncdenr.00v 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K Sent: Wednesday, March 25, 2020 10:31 AM To: George Johnson <george.johnson@me.com> Cc: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: [External] Summer Rest Docking Facility Hi George, Tyler is no longer with DCM. I have cc'd our District Manager, Tara MacPherson, on this email thread for your questions. Her direct line is (910) 796-7266. We are mostly working remote now, but are checking voicemails if you'd like to call. That being said, she will need to look at the files to familiarize herself with the project; we appreciate your patience! Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanva.PietilaCd ncdenr.zov Sim rlllllll� !~>"NathPetg Com�res a.,. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be disclosed to third parties. From: George Johnson [mailto:george.!ohnson@me.com] Sent: Wednesday, March 25, 2020 10:17 AM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Cc: McGuire, Tyler D <Tvler.McGuire@ncdenr.gov> Subject: Re: [External] Summer Rest Docking Facility Tyler, my question is - is CAMA going to extend the permit review period for 221 Summer Rest Rd.? As a I understand it, April 7 is the CAMA review deadline. A few of us in the Summer Rest neighborhood have spoken to the applicant, and he is considering his options. I wanted to get an update from you so that the neighborhood knows if we should send our comments to you re: the proposed commercial dock application prior to current April 7 deadline. Many thanks! George Johnson Mobile 910.762.6557 oeorce. iohnson(dme.com On Mar 24, 2020, at 3:28 PM, George Johnson <george.iohnson e me.com> wrote: Tyler, can you call me re: Summer Rest Rd. CAMA permit? Thanks! Phone # 910-762- 6557 George Johnson Sent from my iPhone On Mar 6, 2020, at 9:52 AM, Pietila, Tanya K <tanya.Pietila(a)ncdenr.gov> wrote: Morning! I'm going to defer to Tyler McGuire (cc'd), your Field Representative, for this question. A modified permit (of the multiple I mentioned earlier) for 221 Summer Rest does include language allowing sale/lease of the slips. I am not sure about parking. Tyler's direct line is: (910) 796-7424; if he isn't available leave a message and he'll return your call. I'll update him with our conversations up until now. Tyler: See below emails. Thanks! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management [necoastalmanaEement.net 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanva.PietilaC@ncdenr.gov <image001.png> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: George Johnson [mailto:george.iohnson@me.coml Sent: Friday, March 6, 2020 9:06 AM To: P!etila, Tanya K <tanva.oietilaC@ncdenr.gov> Subject: Re: [External] Summer Rest Docking Facility What is the CAMA requirement for community dock parking for the 221 Summer Rest Rd. Dock if now, the owner is attempting to change the dock from serving his property only to leasing and selling slips to also the broader Summer Rest Rd. neighborhood. Does this change in intended use require the owner to modify his permit w/ you and provide parking internal to the site? Thanks! George Johnson Sent from my iPhone On Mar 4, 2020, at 1:22 PM, Pietila, Tanya K <tanva.pietila ,ncdenr.gov> wrote: I think I misspoke because I wasn't sure about the address. I tried to look up the exact property address from the pin you dropped, but I couldn't find one on Google Maps, Realtor, etc. Looks like I was speaking about 224 Summer Rest and their facility. I have 2 permit files for 221 Summer Rest with multiple permit modifications/renewals. The original application submittal proposes a 10-slip facility; but then was modified to an 8-slip facility — reducing finger piers from 6 to 4 and changing them from fixed piers to floating docks. With another modification to include a gazebo. Because the size of these files are large and there are multiple permits, I am not able to scan and email. Are you available to come into the office tomorrow for a file review? You can make copies of info you find helpful instead of my trying to pick and choose for you. We have anytime between 9am and 3pm available (I'll schedule a time that works for you). Let me know! Thanks, Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management fnccoastalmanagement.netl 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya.Pietila(@ncdenr.gov <image001.png> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be disclosed to third parties. From: George Johnson [mailto:george.[ohnson@me.com] Sent: Wednesday, March 4, 2020 12:52 PM To: Pietila, Tanya K <tanva.pietila@@ncdenr.gov> Subject: Re: [External] Summer Rest Docking Facility Yes but 221 Summer Rest is a prior approval for 8 slips correct? Can I get a copy of this 221 Summer Rest permit? Thanks! George Johnson Sent from my iPhone On Mar 4, 2020, at 12:47 PM, Pietila, Tanya K <tanva.pietilana ncdenr.gov> wrote: Hi! You're looking for info on the facility with four floating docks, correct? To my knowledge, the only in -progress application we have on file currently is 419 Summer Rest. No permits (other than the 10-slip facility you're speaking of at 221 Summer Rest) have been issued in that location. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management f nccoastalmanagement.netl 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanva.Pietila(@ncdenr.gov <image001.png> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: George Johnson [mailto:george.iohnson@me.com] Sent: Wednesday, March 4, 2020 12:01 PM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Subject: Re: [External] Summer Rest Docking Facility Hi Tanya. Has there be a CAMA dock permit application for this location on Summer Rest Rd.? The developer's plan shows two individual docks. One has already been built on the south side. I am asking about the one proposed on north side of the site that shows less slips. https://www.google.com/mgps/Xlace/Summer+Rest +Rd,+Wilmington,+NC+28405 /k34.2214046,- 77.8142835 17z/data=! 3ml !4b 1 !4m5!3m4! 1 sOx89a 9f312cf8bcaab:OXfa7bOd24619d033e! 8m2! 3d34.22 14046!4d-77.8120948 [google.coml Many thanks! George Johnson Mobile 910.762.6567 oeome.lohnson0me. com On Feb 26, 2020, at 4:56 PM, Pietila, Tanya K <tany_a.pietila e ncdenr.gov> wrote: Hi George, As promised, see attachments (2) for all file documents pertaining to 419 Summer Rest/Deerbrook, LLC for your review. Let me know if I can help with anything else! Have a great evening, Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Mana¢ement rnccoastalmanaeement.net 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya. PietilaPncdenr.aov <image002.png> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: George Johnson [mailto:ReorRe.iohnson @me.com] Sent: Wednesday, February 26, 2020 4:04 PM To: Pietila, Tanya K <ta nva. p iet i l a@ n cd e n r.eov> Subject: [External] Re: Summer Rest Docking Facility Yes, the address is 419 Summer Rest Rd. (property owner is Deerbrook, LLC / Mark Maynard). Thanks so much! George Johnson Mobile 910.762.6557 georae. iohnson(dme.com On Feb 26, 2020, at 4:01 PM, Pietila, Tanya K <tanya.pietila ,ncden r.eov> wrote: Good Afternoon, I received your voicemail. Before I search high and low, I wanted to confirm the address for the docking facility you may be referring to. I have an application in process for 419 Summer Rest (property owner is Deerbrook, LLC / Mark Maynard). According to Google Earth, this looks like the last home on Summer Rest; before Landfall property begins. I also have 411 Summer Rest in my database, however this project was permitted in 2014 and expired in 2017. If 419 is correct, I can scan and email you a copy of the proposed project. Let me know! Thanks, Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management fnccoastalm anagement.netl 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanva.PietilaPncden r.gov <image002.png> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. <419 Summer Rest Application.pdf><419 Summer Rest Drawings.pdf> 12/13/2019 North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name Deerbrook, LLC Information Sosld: 0489599 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 3/29/1999 Registered Agent: Hollis, Robert J Addresses Mailing 10 S Cardinal Drive Principal Office 10 S Cardinal Drive Wilmington, NC 28403-1843 Wilmington, NC 28403-1843 RECEIVED RECEIVED JAN 2 7 2020 DGM WILMING'rON, NG DCM-MHD CITY https://w .sosnc,gov/online_services/search/Business_Registration_ResuIis vz 12113/2019 North Carolina Secrelary of State Search Results Reg Office 10 S Cardinal Drive Reg Mailing 10 S Cardinal Drive Wilmington, NC 28403-1843 Wilmington, NC 28403-1843 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3- 20. Manager Mark L Maynard 10 S Cardinal Drive Wilmington NC 28403-1229 RECEIVED JAN 2 7 2020 RECEIVED rl� . 1 u :, ¢ACM-MHD CITY DCa WR ING70N, NC hltps:IAw .sosnc.gov/online_services/search/Business_Registration_Resulls 212 ROY COOPER NORTH CAROLINA oovrvnar EnWomneMvfQuattly MICHAEL S. REGAN January 27, 2019 Sem"ry BRAXTON C. DAVIS Director Land Management Group, Inc. c/o Andy Dortch 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 RE: CAMA Major Development Permit Application Deerbrook, LLC. c/o Mark Maynard 4I8/419 Summer Rest Rd, Wilmington, New Hanover County Dear Mr. Andy Dortch, The Division of Coastal Management hereby acknowledges receipt of your application on December 5, 2019, acting as agent for Deerbrook, LLC. c/o Mark Maynard, for State approval for major development located at 418/419 Summer Rest Road, in New Hanover County, adjacent to the Atlantic Intracoastal Waterway. The application was accepted as complete on January 23, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 7, 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 extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 23, 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-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will fiild a "Notice of Permit Filing" postcard which must be posted at tb,. 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 all incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate Stale or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sinc�erel , Tyler McGui Environmental Specialist cc: Gregg Bodnar, DCM USACE Jonathan Howell, DCM Robb Mairs, DWR Linda Painter, NH LPO Deerbrook, LLC. c/o Mark Maynard, Applicant RECEIVED North Carolina Departrnent or Emhonmental Quality I DMslon of Coastal Management w9ltMngton Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 29405 J AN 2 7 Z02 910.796.7215 DCM-MHD CITY RECEIVED NOTI(1010171A jpm 2 7 20 20 pCM-MliD CITY LAMA PERMIT APPLIED FOR PROJECT: .9 New Hanover County. 9 n, COMMENTS ACCEPTED THROUGH EgAtuaEy20, 2020 APPLICANT: Deerbrook, LLC c/o Mark Maynard Wilmington, HC 28403 (910) 612-3633 Agent: Andy Dortch (910) 452-0001 Land Management Group FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ne Div. of Coastialmarlageg Niel It i1 Wilmington,127 Cardinal Dr. Ext. NC 28405 ROY COOPER G: wmr MICHAEL S. REGAN .S-1-Y BRAXTON DAVIS 1Xwom. Division of ('oa,la1 Uaw;emenl January 27,2020 Advertising@stamewsonl ine.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Deerbrook, LLC / New Hanover County Hello Angie: Please publish the attached Notice in the Thursday, January 30, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. 1pport & Customer Assistance cc: MHC Files Gregg Bodnar— MHC/WiRO USACE RECEIVED JAN 2 7 2020 State ofNonh Carolina I Environmental Quality l Coastal Managemcnl 127 Cardinal Drive Ent., Wihnington, NC 28405 9197967215 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 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concem as designated under the CAMA: On January 23, 2020, Deerbrook, LLC proposed to construct an 8-slip commercial docking facility at 4181419 Summer Rest Rd., adjacent to AIWW, Wilmington 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 February 20, 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 JAN 2 7 2020 DCM-MHD CITY Book 6242 Page 2669 TAMMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 f WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 f Fax 910-798-7716 c��fY.N L �eyinwop if 1f 1111k 111«1ff11f1f111111flfflf1f 11tfflff 11f1f11111ff If 1f 111111111 f11f11f 11f lift 11 t11111ff1f 111f 111111f11f State of North Carolina, County of NEW HANOVER Filed For Registration: 08/30/2019 10:19:01 AM Book: RB 6242 Page: 2664-2669 6 PISS $4,326.00 Real Property $26.00 Excise Tax $4,300.00 Recorder: ANDREA CRESWELL Document No: 2019027905 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED JAN 2 7 2020 RECEIVED DEC 0 5 2019 DCM-MHD CITY DCM WILMINGTON, NC Book 6242 Page 2664 !I� 45 BK: RB 6242 �Illlln��lllllllllll llllllllllll RECORDEo4.2889 2019027905 09-30-2019 NEW HANOVER COUNTY, NC 10:19:01 AM TAANIY THEUSCH BEASLEY RNANDREACRFS`AELL REOLITEROFOEEDB ASSISTANT SPECIAL WARRANTY DEED Prepared by: MURCHISON, TAYLOR & GIBSON, PLLC 12 North Fifth Avenue Wilmington, NC 28401 NO FEE SM W STATE OF NO REAL ESTATE ENTX S4S CO WE PREPARED THIS DEED BUT NO TITLE SEARCH WAS REQUESTED AND NO TITLE SEARCH HAS BEEN PERFORMED. THE PREPARER EXPRESSES NO OPINION ON TITLE TO THE PROPERTY OR THE, ACCURACY OF THE LEGAL DESCRIPTION. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER TAX PARCEL # R05710-002-054-000 R05710-002-018-000 REVENUE STAMPS $ "Woo. o 0 THIS WARRANTY DEED, made this L4 day of August, 2019 by and between Susan Landis Keys (a/k/a Susan Keys Holman), widowed, Karen DuVal and spouse, Daniel Du Val, whose mailing address is 1214 Buchanan Street, McLean, VA 22101-3017 (the "GRANTORS"), and Deerbrook, LLC, a North Carolina limited liability company, whose mailing address is 10 South Cardinal Drive, Wilmington, NC 28403 (the "GRANTEE"). WITNESSETH THAT: THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE his heirs and assigns forever, all of that certain real property located in New Hanover, North Carolina, described on EXHIBIT A attached hereto. SUBJECT TO (i) easements, rights of way and restrictions of record, (ii) any governmental land use statutes, ordinances and regulations including zoning, building and subdivision regulations applicable to the subject property and (iii) ad valorem taxes for current and subsequent years. RECEIVED RECEIVED 246241 JAN272020 Hrar,4VI DCM-MHD CITY DCM WILMINGTON, NC Book 6242 Page 2665 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, his heirs and assigns in fee simple, forever. AND THE GRANTORS, for themselves, their heirs and assigns, do covenant to and with the said GRANTEE, his heirs and assigns, that Grantors have done nothing to impair such title as Grantors received, and Grantors will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantors, but subject to the exceptions set forth above. Pursuant to N.C. Gen. Slat. § 105-317.2, the property herein described X does not include OR _ does include the primary residence of one of the Grantors. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] RECEIVED RECEIVED 246243 JAN 2 7 2020 DFC 0 5 2019 DCM-MHD CITY DCM WILMINGTON, NC Book 6242 Page 2668 EXfIIBIT "A" 1" tract BEGINNING at a new P.K nail in the edge of pavement, said P K nail being at the intersection of the western line of Summer Rest Road (formerly Ocean Avenue), 40 foot right of way, S R H 1417, with the southern line of Cedar Street (30 foot right of way). The above mentioned nail being at the north eastern comer of lot 5, Block 2, of the Village of Summer Rest. A map of same being recorded in Deed Book 10 at page 1 of the New Hanover County Registry Running thence from said beginning South 37 degrees 50 minutes 45 seconds West along said western line 90.69 feet to an old iron pipe Thence North 54 degrees 00 minutes 50 seconds West 277 04 feet to a new iron pipe that is in the eastern line of Central Avenue (30 0 foot right of way), said pipe being South 54 degrees 00 minutes 50 seconds East 2.24 feet from an old concrete monument. Thence North 55 degrees 29 minutes 25 seconds East along said eastern line 10 1. 13 feet to a new iron pipe that is at the intersection of said eastern Ime and the southern line of the aforementioned Cedar Street Thence South 52 degrees 55 minutes 10 seconds East along said southern line 246 26 feet to the point of beginning. Containing 0.56 acre more or less The same being lot 5, Block 2, Village of Summer Rest as conveyed to 1. Edgar Toomer by deed recorded in Book 424 at Page 350 of the New Hanover County Registry 2"d tract BEGINNING at an old iron pipe that is the eastern line of Summer Rest Road (formerly Ocean Avenue, 40 0 foot right of way, S R k 1417). Said pipe being South 54 degrees 00 minutes 50 seconds East 40.25 feet, South 37 degrees 50 minutes 45 seconds West from a new P K nail in the edge of pavement that is at the intersection of the western line of said Summer Rest Road and the southern line of Cedar Street (30.0 foot right of way), said nail being at the northeastern comer of lot 5, Block 2 Village of Summer Rest, Map of same being recorded in Deed Book 10 at page 1 of the New Hanover County Registry. Rummng thence North 37 degrees 50 minutes 45 seconds East along said eastern line i t9 91 feet to the former Pembroke Park Line, now Villas at Landfall, map of same being recorded in Map Book 27 at Page 121 of the New Hanover County Registry Thence South 52 degrees 55 minutes 10 seconds East 106 71 feet to an old stone at the high water line, more or less. Thence continuing the same course to the western line of the Atlantic- Intra-coastal Water Way Thence with said waterway line in a southerly direction to a point that is South 54 degrees 00 minutes 50 seconds East from an old iron pipe that is at said highwater line, more or less; Thence North 54 degrees 00 minutes 50 seconds West to the lace mentioned pipe; Thence North 54 degrees 00 minutes 50 seconds West 100 00 feet to the point of beginning The same being the tract of land conveyed to I.E Toomer by deed recorded in Book 273 at Page 421 of the New Hanover County Registry RECEIVED (RECEIVED 246243 JAN 2 7 2020 DEC 0 5 2019 DCM-MHD CITY DCM WILMINGTON, NC Book 6242 Page 2666 IN TESTIMONY WHEREOF, the said GRANTORS have hereunto set their hands as of the day and year first above written. GRANTORS: Susan Landis Keys (a/Wa Sus n Keys Holman) STATE OFy ((Q & \ N ) COUNTY OF I IR �IAK (County where acknowledgment is taken) I, C�" 1= FA U r q"4i-H a Notary Public, certify that the following person(s) personally appeared before me this day, acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacities indicated: Susan Landis Keys. Karen DuVal and spouse Daniel DaVal Witness my hand and official seal or stamp, this q& day of August, n2019. NOTARY PLMLIC SNEFALk SHAH Noisy Punk Commowaakhol 4349ia aej,,iW on nu 3 My /gI1NNSF�M EspNsa NovNw t0, 7019 Pr PMveypC Notary's Name My Commission Expires: (AFFIX OFI7ICIAL:i ANIP OR SfAI [Grantors signatures continue on next page] RECEIVED RECEIVED Ji N 2 7 2020 DEC 0 5 2019 -MHD CITY DCM WILMINGTON, NC Book 6242 Page 2667 GRANTORS (continued): � - Q �J Karen DuVal Ditniel Duval STATEOF IRGIN rA COUNTY OF f AI RF RX (County where acknowle4pnent is nkm) 1, tic- F'4U 44- -H a Notary Public, certify that the following person(s) personally appeared before me this day, acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacities indicated: Karen DuVal and suouse Daniel DuVal Witness my hand and official seal or stamp, this day of August, 2019. 84FALI SNAN No4ry Pu6tc CumnpnxWh rWgNs ME, fnnunlid FtegisaiEn No.3/7/9U y silks Nora, 2a18 246243 NOTARY PUBLX 34A E EA U s N to PrinVfypeNotary's Name My Commission Expires: I 1 f 36 RECEIVED JAN 2 7 2020 DCM-MHD CITY RECEIVED DEC 0 5 2019 DCM WILMINGTON, NC 1 A 1459 1709 STATE DE WORTH CAROL" NEW HANOVER CODNry IN RE CLAIM OF J- E. Tenser TAKE NOTICE. TAX I.D. NO. 31-10 LWal elf Wo � I . I. Pursuant to C.S. 113-205, 113-206 and the rules promulgated thereunder, the Secretary of the North Carolina Department of Natural Resources Development, through his designee, the Director of the and Community Division of Marina Fisheries, has issued a final resolution pursuant to G.S. 113.206 and 15 NCAC 1N.0103 concern- ing the submerged lend claim originally filed by J. E. Tooser. 2. The lands subject to this final resolution are limited to those submerged lands which mere Claimed by J. E. Toomer pursuant co C.S. 113-205 and are described more fully in the following: 45 Dead Book 273 Page 421. New Hanover County Register of Deeds 3. As the successor in Interest to the original claimant, J. E. Toomer, the current claimant, Jean C. Toommr, asserted title to the submerged lands covered by the elate. 4. Porauanc to C.S. 146-20.1 the interest in regularly flooded estuarine mershland conveyed by the Stare Board of Education and now claimed by Jean C. Tooser in the lands described has been recognized subject to all public trust rights in such lands. This final resolution does not effect or impair the common law riparian or littoral rights running with lands located above the mean high water mark. 5. Notice of this final resolution has been duly served on Jean C. Toosar by certified mail. 6. The Secretary directs chat this declaration be recorded under the State of North Carolina in the grantor index end cross-indexed under Jean C. Toomer in the grantee index In the NEW HANOVER County Register of Deeds. p This the D day of _J44LIL 19 89. WIL.IAM W. COSBY. JR Secretary ncr.ipt-M Tn by: r � L1 ,�7., _ JAN 2 7 Dr. Wll llmm T. Nogarth, Director Z�_VT�g North Carolina Division of Marine Fisheries Department of Natural DCM-MHD Resources and Community Development pursuant co 15 NCAC 1N.0103(3IsECEIVED JAN 2 3 2020 ls%41 QQM WILMINGTON, RDllf ,.Agf 1459 1710 THIS INSTRUMENT APPROVED AS To IHRN by THE ATTORNEY GENERAL'S OFFICE LILY H. THDRNRURC Attorney General by: 1T1 CAROLiNA etmt A comp S COUNTY 1, u-' �' A Notary Public, (n end for the said County and State, de hereby certify at Dr. William T. Hegarth personally kneull to ne, person- ally appeared before we this day in Said Cnun due ezecution of the foregoing Instrument of vritingand e ford the aclmovledged the expressed. purposes therein 11 - d9-Pi NORTH CAROLINA COUNTY The foregoing certificate of County, State of Nort Thle lnstruxant vac presented for regl.tr In the office of the Register of Deeds of in book page This _ day of PEL�aJE . s1. n.iF_ iIEDu L',rt ' I.. ar 15 2 x ,�6, c.0 Koury Ilene STATE er Flux tYy.ry, me Yaenr Grp tr Yr.piy/AerW un,lr .. et rblic of O :orrect. I V .n ..r i.A ili��z�� :ecOrd.d /f� L�r- :arollne �� Y. o—T�' a0. f. Ybcea N. 1 e.N. 4 Ypi 1. RECEIVED JAN 2 7 2020 DCM-MHD CITY RECEIVED JAN 2 3 2020 UCM WILMINGTON, NC ROY COOPER r Governor k I MICHAEL S. REGAN Secretary 1� BRAXTON DAVIS Director, Dw,.,mn afCo w.1 Management January 27, 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) gregg. bodnar(cDNC DEN R.gov SUBJECT: CAMA Application Review Applicant: Deerbrook, LLC Project Location: 4181419 Summer Rest Road, adjacent to AIWW, in Wilmington, New Hanover County Proposed Project: Proposal to construct an 8 slip commercial docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by February 20, 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 SIGNATURE DATE RECEIVED JAN 2 7 2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC28405 9197967215 DCM-MHD CITY Major Permit Fee Schedule Project Name: 17E6�Baoa�� LLC 411 cSv.KKE0. ?.vsr 121D lJt��at rG7esl. Ar- 2s* z5o, of County: 11/gt) 14"OV115RCheck No & Amount: #_ l I U 150.0 HOC Development Type Fee DCM % DWQ (14300160143510009316256263) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or $250 100° ($250) 0% ($0) open water areas: II. Public or commercial development t t does not involve the filling or excava on $40)U 0 100% ($400) 0% ($0) of any wetlands or open water are III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies. III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applied: $400 60%($240) o ($ ) 40% 160 IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED JAN 2 9 2020 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 1/3/2019 Davey Resource Deerbrook, LLC United 1788 $250.00 Major fee, 418 Summer Rest Rd, TMc rct. Group Inc. Bank Wilmington NHCO NO Split 9519 n., urvrsron or a.oastaii management Major Permit Application Computer Shoat AEC: AIWW Fee: $ # CDAITS _ MHC cc Applicant: Deerbrook, LLC c% Mark Maynard Agent/Contractor: Land Management Group c/o Andy Dortch & Greg Finch Project Site County: New Hanover Staff: Tyler McGuire District: Wilmington Project Name: 419 Summer Rest Road Rover File: n/a River Basin: White Oak Initial date of application submittal: 12.05.2019 Date application "received as complete' in the Field office: '1 SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes o PNA: Yes No Photos Taken: Yes N Setback Required (riparian): Yes o Critical Habitat: LJYes ANo LjNot Sure 15 foot waiver obtained: Yes KNo Hazard Notification Returned: []Yes (ZNO /,r 1A SAV: Yes o ONot Sure Shell Bottom: Yes o Not Temporary Impacts: Yes ZNo Sure Sandbags: Yes PNo El Not Sure Did the land use classification come Mitigation Required (�gnal): from county LUP:E]Yes [:]No❑Yes gNo /A Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes JZNo ❑NA ❑Yes 54No ❑NA 140 FT. Shellfish Area Designation: Project Description: (code) Development Area: ( de) (i4 Open -or- osed (�' = CoHMtAtIAl �s/yt51CWEWIPj-A SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NS I EJ Swamp Waters (SW) PSLHIgh Quality Waters (HOW) LJ Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) LJ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh coidgrass (Spartina (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) LJ (JR) Black needlerush (Juncus (SP) SalUmeadow grass (Spartina roemedanus) patens) APPLICATION FEE No fee required - $0.00 El III(A) Private w/ D&F up to 1 acre; 9090 ill(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major El Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 El I. Private no dredge and/or fill - $250 0 III(C) Priv. public or comm w /D&F to 1 2 9 2020 acre; 4144 can be applied; DCM needs JAN DWQ agreement - $400 -C) Deerbrook, LLC Date: 12-05-2019 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 LFv.rrnTH t„/rorµ 1- New Work Maint El Replace El �N i G 71 y Z NawWorkX1 Maint El Replace ❑ Y W N 31 l NewWork_X Maint ❑ Replace ❑ Y 9 N �1 mot' CC �cJ 1 New Work Maint❑ Replace ❑Y ONNew FU Work ff] Ma t❑ Replace ❑Y 59N ��r r t7 New Work Maint ❑ Replace ❑ Y KIN 2' s' I z• S y ,S New Work Maint ❑ Replace ❑ Y E.N AlIA / f/ft New Work Replace Maint ❑ ❑ 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 am impacts) impact amount tempimpacts) amount �' Dredge ❑ Fill ❑ Both ❑ Other . 3( • j (0 IA �(i11 2-4(0 �Z4 0 Dredge [I Fill ❑ Both El Other 1VI"`AL- Dredge ❑ FIII ❑ Both ❑ Other . -`ram 2-+ `l Dredge ❑ Fill [I Both El Other 3i 210 TJ- � 7- 1 O 1'. D W Dredge ❑ Fill El Both El Other DA 2,547 2-/ 54-r7 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECE FE® JAN 2 9 2020 CM-MHD CITY 919-733-2293 :: 1-888-4RCOAST :: vvww.nccoastnhnanagomont._net revised: 82/213/1- V VUIIIY Permit #: 1 ".4 V WIRO E-MAIL DISTRIBUTION SHEET CIO m Circle one: Bio Report / Permit for: Le ✓� w� n , na ,►milA J Oversize Plans sent: jN A � 1 V `6 DCM Offices: Morehead City: PT (if oversize) via Courier `cc Gregg & Amanda on group email w/ bio. narr.app.drawings, deed, comment sheet ✓ 'MHC documents (Gregg & Amandp) Wilmington: Original hard -copy ONLY USACE & DWR (wlro): Recommendations, PN, Letter wySite Card, Fee Chart and Agent Authorization USACE Wilmington: elz Hair (Pender-&�artN, CL, Reports, Split Sheet _ (until territories are decided) iimlrigtonNCREG@usace� .mil NH / BR): PN, CL, Reports, Split Sheet Div of Water Resources: bb Malr�40i-TON/PN/BR/NH): PN, CL, Reports, Split Sheet _ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Curt Weychert w/Reports DCM Planner/WiRO: uM///'''i//ke Christenbury Cultural Resources: _ V4R nee Gledhill -Earley Environmental Reviewa[7ncdenroov_ Natural Heritage Prog. ✓Rodney Butler _ DCA-Rural Eco. Dev: VRM rk Ziegler NC DOT: avid Harris _ Wildlife Resources: ✓aaria Dunn w/Reports State Property Office: �7f' Walton: DEED _ Ae Moser_ ,Wanda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: v/Jeremy Humphrey (Bio) /Sh-&=D-Jenkins:(91� _ ,.Xaron Gupton, Admin. _ DEMLR: ✓ ristine Hall - Stormwater Section Xn Sams - Land Quality Section Public Water Supply:ieidi Cox City of Wilmington: thryn Thurston Enforcement: V/%Field Rep(: /1/ kv N (/ �'MVe'l 14- Co. LPO �Vl to tiV 0� V1 Agent: DISTRIBUTED: RECEIVED JAN 2 9 2020 DCM-MHD CITY Updated 116120 CAMA/Shaun majors docs/e'Agency List Ab �;LMGG a OInIYO .." December 5, 2019 TO: Tara MacPherson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard CAMA Major Permit Application Request Tara, I. IECEIVE LDEC 5 2019 Please find enclosed a CAMA Major Permit application and supporting materials for the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Adjacent riparian landowner notifications have been sent by certified mail and the green confirmation cards 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, r Q a 'l "�I Andy D rtth Land Management Group Enclosure: CAMA Major Permit Application Package; Fee Check RECEIVED cc: Deerbrook LLC c/o Mark Maynard DFC 0 5 ?019 UCM WILMINGTON, NC www.Imgroup.nel • info(iHnsgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DECEIVED JAN 2 7 2020 DCM-MHD CITY 4LMG G a DAMN* mmp..r December 18, 2019 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard CAMA Major Permit Application Request Tyler, Please find enclosed supplemental requested materials and fee check forthe CAMA Major Permit application associated with the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerel , Andy ortch Land Management Group Enclosure: CAMA Major Pennit Application Supplemental Requested Materials; Fee Check cc: Deerbrook LLC c/o Mark Maynard RECEIVED DCM WILMINGTON, NC JAN 12 2020 www.lmgroup.net • infoCorngroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 JAN 2 7 2020 DCM-MHD CITY tLMG I AN I) %tANAtlFVII N I rtNOHT January 14, 2020 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, INC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard LAMA Major Permit Application Request Tyler, Please find enclosed supplemental requested materials and additional fee check for the LAMA Major Permit application associated with the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Deerbrook LLC and Mark Maynard would like the option to sell or lease some of the slips on the proposed 8-slip facility. It is understood that if the docking facility will serve more than 5 lots or units, a Special Use Permit from New Hanover County will be required. An approved Special Use Permit will be obtained and provided to DCM prior to the sale or lease to more than 5 lots or units. Thank you for your guidance on this project, and please let me know if you have any questions or need anything in addition to accept the application as complete. Sin erely Andy Dortch Land Management Group RECEIVED JAW 14 2020 RQM WILMINCiTION, NQ Enclosure: CAMA Major Permit Application Supplemental Requested Materials; Fee Check cc: Deerbrook LLC c/o Mark Maynard www.lmgroup.net • inforalmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 JAN 2 7 2020 DCM-MHD CITY 4LMG G • PMRrFP tympany January 23, 2020 TO: Tyler McGuire North Carolina Department of Environmental quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 419 Summer Rest Road, Deerbrook LLC and Mark Maynard CAMA Major Permit Application Request Tyler, Please find enclosed supplemental requested materials for the CAMA Major Permit application associated with the 419 Summer Rest Road project located at the end of Summer Rest Road, adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Deerbrook LLC and Mark Maynard would like the option to sell or lease some of the slips on the proposed 8-slip facility. It is understood that if the docking facility will serve more than 4 lots or units, a Special Use Permit from New Hanover County will be required. An approved Special Use Permit will be obtained and provided to DCM prior to the sale or lease to more than 4 lots or units. Thank you, and let me know if you have any questions or need anything in addition to accept the application, as complete. Sin erely ' \l 0't/ --/U Andy Dortch Land Management Group RECEIVED ,IAN 2 3 2020 Q(;M WILMINGTON, NC Enclosure: CAMA Major Permit Application Supplemental Requested Materials cc: Deerbrook LLC c/o Mark Maynard wvvw.lmgroup.net • infolalmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JAN 2 7 2020 DCM-NIHD CITY Outer Edge of Marsh O O W Bt Ith _ _ M W- _ Outer Edge of Marsh USACE Setback Proposed tM' long x 6' wide floating dock ' Ie e +o e � a rT4� a— __ � _--___--_ ---_—_----- 2 a a a � a 1P .H Pilings per Cantractor -m -M (Size, Spacing, Depth) Approximate Existing Grade a� -x e .n RECEIVED NOTES' - 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. Ij�� I ]NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 811 Yls . BASE SURWY FILE CIVIL 4LMG _ t +v mexm 4 NOT A SURVEYS R NGIN ENGINEERED DRAWING. NVI OFOR RONMENTAL s..n+xw M.e DCM WILMINGTON, NC PERMITTING ONLY. amwy.ra.un F 11�n w....d, »w.w,.r mnnaNM..s wwr gar I'CC V CI VCU JAN 2 7 2020 DCM-MHD CITY dAq Q7' PROPOSED 671' LONG x VATDE'FIXED P15 ro -- q� e STAIRS `� AUTER'Er)d ;pR SED p' LAND ae 6)' FixE EFi 4 k nvc MLW i'% PROROSF ,T4,564', to s RIPARIAN ' '03;f CE SI 15.0 `( PRO D 14' 4' GAIEAfl 5' ` / - WATE�it WAT B( I ' ; IS , , -- L NOTES: -- R 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. MLW WATER DEPTHS AND BASE SURVEY BY BATEMAN CIVIL SURVEY CO. AUGUST 2D19. OLMG .x s.mr +,nmav JIAN 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. .rl� t• JAN 2 7 2020 DCM-MHD CITY PROPOSED 671' LONG x 6' WIDE FIXED \ \\\ e'�sFaPRO STAIRS �\\ �s j• \ O/v may; �8\\ G F MLW 8.\ N ' R i -- Fioj \\\ RTyC .,6.0 ' PRO D 14' 4' GA±EBO, RECEIVE,) JA N Z 9 2020 ®CM-mmj) CITY Leaend NOTES: Riparian Corridor — — — — — — 1 • LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. MLW WATER DEPTHS AND BASE SURVEY BY BATEMAN CIVIL SURVEY CO. AUGUST 2019. 3. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. is i to � 5'SET8;iACK RIPARIAN COR USACE SET 15.0 �\ 4 WATEOC WATER BO IS - 6' / S WID LMG419 Summer Rest Road 11/18/2019 1/29M20 LAND MANAGF.MFNT 4p(IUF . tpltpr/4 �wm Scale: 1'=30' JO Um le}'�T r LMG19.296 Ti . 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 Dook Layout Plan View Doren By: GSF Sheet Number: 3 of 5 Outer Edge of Marsh RECFAIM JAN z 9 2020 ucivi-MHD CITY IMiMI Edge of Marsh jgmde1u,Wtton leckboard— Pilings per Contractor (Size, Spacing, Depth) _ 0+140 o!so 04 BD 0+170 o ° I O`Q I 4 I ' ° I Br ° � I i -1 h USACE Setback Proposed 84' long x 6' wide floating dock 1 10 a s --------- _ M1]W 4 2 _ —ML1N 0 -2 d -6 8 -10 _ -12 -14 Approximate Existing Grade 16 -18 0+180 0+190 1,to 1+110 1+ 1 & 1«40 1« 40 1170 NOTES: 1. LENGTH OF SHORELINE AT NHW IS 140 FEET. 2. NHW AND COASTAL WETLAND LINE VERIFIED BY DCM STAFF ON 8/13/19. 3. BASE SURVEY FILE PROVIDED BY BATEMAN CIVIL SURVEY CO. 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. ;iRLMG 419 Summer Rest Road 11/25/2019 1/29/2020 LAND MANA1;FMFN7 GROUP Scale. Job Number. ward mmo.m T'me: As Noted LMG19.296 3805 Wdgh-Zub Ave Suite 15 Dock Profile View B Drawn By: Sheet Number. Wilmington, NoM Carding 28403 WAD 5 Of 5 910-452-0001