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. .@ •�
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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
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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.
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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.
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�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
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PERMITTING ONLY.
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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
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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.
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or on the front M space permits.
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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