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HomeMy WebLinkAbout22-20 Fair, DennisPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission COPY Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 22-20 Issued to Dennis Fair, 156 Tarpon Dr. Holden beach, NC 28462 Authorizing development in Brunswick County at man-made canal. 156 Tarpon Dr.. in Holden Beach I , as requested in the permittee's application dated 10/30/19 (MP-1) and 10/31/19 (MP-4) including attached workplan drawing (1), dated "Revised 12/5/19". This permit, issued on February 14, 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 Jl ulcbc lcrlilb clay vc Juu,cl.l w 1111c.J, 1111pllJvluucul vl wvu a Uv11, vl play aaun Lill r)Vllllll VY LLMIl aµ vvaM. Second Dockine Facility 1) This permit authorizes only the floating dock, boatlift 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 second 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 facilities. Any sewage discharge at the docking facilities shall be considered a violation of this permit for which the pennittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheet 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. 7 Irdr Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. et'c' ' 7-1� Z Signature of Permittee P � ..�.....� Dennis Fair Permit No. 22-20 Page 2 of 2 ADDITIONAL CONDITIONS 3) This permit authorizes two formalized boat slips located at the second docking facility in addition to two existing formalized boat slips located at the existing docking facility, for maximum of 4 formalized boat slips. 4) 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. USACE Conditions 5) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. General 6) 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. 7) 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. 8) 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 Regional General Permit 1998-00469 (Action ID SAW-1998-00469) reissued 2/13/20. 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. 19-1682. 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 $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Dennis Fair COUNTY. Brunswick PROJECT NAME: Fair Family Docking Facility LOCATION OF PROJECT: 156 Tarpon Drive, Adj to Lockwood Folly, Holden Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-22-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#2384 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 12-12-19 END OF NOTICE DATE: 1-2-20 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 2-5-20 150 DAY DEADLINE: MAIL OUT DATE: 12-9-19 STATE DUE DATE: 1-2-20 PERMIT FINAL ACTION: ISSUE DENY GENCY FField DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES IL (y�' Local Permit Officer DCM DCM — LUP Consistency Determination 1 TO Rural Development Division t 12, )G DEMLR — Stormwater & Sed/Erosion A) (Z--_ DWR-401 gam,, 7�lZJ Zc7(Cj �(��Z DOA — State Property Office tL Zj / /< DMF — Shellfish Section 12 ig NCDOT DMF — Habitat & Enhancement DWR— PublicWaterSupply iZ((v(!g ew USACE — Regulatory 2l (20 t W" DNCR — Archives & History DNCR — Natural Heritage Program �c WRC — Wildlife Resources Commission {z�il DEC 12 2U19 DCM-MHD CITY Recommendations for State Permit- Fair Family Dockine Facility The square footage of the proposed docking facility is calculated as follows: Shoreline length = 193 ft. x 8 sq. ft. =1,544 sq. ft. allowable. Pronosed and Existine: Proposed: Floating Dock = 8' x 16' = 128 sq. ft. Boatlift =14' x 14' =196 sq. ft. (not counted) Existing: Fixed Platform = 6' x 22' = 132 sq. ft. Floating Dock = 8' x 16' =128 sq. ft. Floating Dock = 4' x 6' = 24 sq. ft. PWC lift = 4' x 6' = 24 sq. ft. Boatlift =11' x 14' =154 sq. ft. (not counted) Total (proposed) =128 sq. ft. Total including proposed = 436 sq. ft. The proposed development would provide docking space for an additional two (2) vessels. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the established pier -head line, the eight -square foot rule, and the pier -width rule. The docking facility would be located entirely over open water. RECEIVED DEC 1 2 2019 DCM-1'v"- D CITY ROY COOPER Goveinor r -' • " IvjICHAEL S..REGkN BRAXTON DAVIS NORTH akOLINA Dimm,,, Division of coastal December 6. 2019 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) greg4:bodnar(a)NCDENR4ovl SUBJECT: CAMA Application Review Applicant: Dennis,Fair Project Location: 156Tarpon Drive, adjacent to Lockwood Folly in Holden Beach, Brunswick` County Proposed Project: Installation of a second docking facility, increasing the' total slip count from two (2) to four (4) in Holden Beach canal system. Please indicate below your`agencys position or viewpoint on th_e Proposed project and retum this form to Greg-4 Bodnar at the address above.by a!I nu8ry '202U If -you have any questions regarding the proposed project, contact.Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting, data is requested. REPLY: This agency has no objection to the project as proposed. "Additionalcomments may be attached This agency has no comment on the proposed project. This agency approves ofthe project only if the recommended changes. are'ihcorporated. See attached. This agency objects to the project for reasons described in the attached comments. RIN-NAME' NOW le'atx,n AGr P�bl,c C,J��ei Sv1l0�fERQ® S_I_GNAUR !►1tw� �icu:^ DEC 1 2 2019 n&TI: 1a-ro .i 9 P SECTION W-D State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC2g405 919 796 7215 ��. ROY COOPER Gb,v aw MICHAEL S. REGAN l4rnlary BRAXTON DAVIS NORTH CAROLINA Dimciar. Diddew, ofCndval' E71yu'aa..enial 0aalur Aranngeniaal December;6, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ- Division of Coastal Management 400 Commerce Avenue, Morehead City,- NC 28557 Fax: 252247-3330 (Courier 11-12-09) greaQ. bodnar() NCDEN R.gov SUBJECT: CAMA Application Review Applicant: Dennis Fair Project Location: 156 Tarpon Drive, adjacent to Lockwood Folly in Holden Beach, Brunswick County Proposed Project: Installation of a second docking facility, increasing the total slip count from two (2) to four (4) in Holden Beach canal system. 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 Jan au ry_2, 2020 . If you have any.questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 �RZ) Z-�Iyys, GENCY SIGNATURE! DAT _zieMcdz LFIZECEDWIED DEC 232019 wf i,i`+i, State ofNonh Carolina I Emiroomental Quality i Coastal Management 127 Cardinal Dtlre Ext., Wlminbnon• NC 28405 9197967215 ROY COOPER C..e>1n,. MICHAEL S. REGAN $yrmmn� BRAXTON DAVIS NORTH CAROLINA Duv mr. D,.,un,,J Cu..ral Dirty"Oninenral Qualitr - :14 ... k menl December 6, 2019 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. bodnaf(ZDNCD EN R.gov SUBJECT: CAMA Application Review Applicant: Dennis Fair Project Location: 156 Tarpon Drive, adjacent to Lockwood Folly in Holden Beach, Brunswick County Proposed Project: Installation of a second docking facility, increasing the total slip count from two (2) to four (4) in Holden Beach canal system. Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Gregg Bodnar at the address above by 15#8i1UeNa212020If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 G NC DMF - Shellfish Sanitation RECEIVED 51GNATUR C 9Yuh rl¢r� for Shannon Jenkins DEC 1 g 2019 DAT 12/19/2019 O MP SECTION MHD state ofNonh Carolina I Envimmnental Quality I Coastal Management 127 Cardinal Drive E.c, Wilmington, NC 28405 919 796 7215 Received:. 12/16/2019 State Historic Preservation Office NGRTH CA.ROLINA " +hr!mrmiuuul Uuu7in t _ December6, 2019 MEMORANDUM ROY COOPER Gn ., MICHAEL S. REGAN Secmury BRAXTON DAVIS Direcror,'DTnsi.afC ld AfamaA enl ER 19-53731 Due -- 12/27/2019 FROM: Gregg Bodnar; Assistant Major Permits Coordinator ©' A NCDEQ - Division of Coastal Management 400 Commerce Avenue,, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) I grego.bodnarANCDENR=v SUBJECT: CAMA Application Review Applicant: Dennis Fair Project Location: 156 Tarpon Drive, adjacent to Lockwood Folly in Holden Beach, Brunswick County Proposed Project: Installation of a second docking facility, increasing the total slip count from.two (2) to four (4) in Holden Beach canal system. (Please indicate below your agency's position or viewpoint on the proposed project and return this torn to Gregg Bodnar at the address above by anuary 2, 20 A If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 Renee Gledhill -Earley n E RECEI' AGENCY State Historic Preservation Office DEC 1 S 2019 f 1 9 SIGNAT_ i E, V MP SECTION WD DAT.k I SumorNonh Carolina I atFnvim=mmlQ-Nty1C—adMm� 8g — , 127 Caldim Drive F, Wilmingmn NC 2905 919 7967215 DEC 1. 7 ' `I ROY COOPER C, nmr MICHAEL.S. •BEGAN xc�> "V�' BkAXTON DAdIs' .Ofr cmF >7�Shrmrr jCousrn! Almfu,Gernml: December-6, 2019 1VIEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fail: 252-247-3330;(Courfer 1142-09) gmgg.bodnar(rANCDENR cov SUBJECT: CAMA Application Review Applicant: Dennis Fair Project Location: 156 Tarpon Drive, adjacent to Lockwood Folly in Holden Beach, Brunswick County Proposed Project: Installation of a. second docking facility, increasing the total slip count from two (2)'to four (4) in Holden Beach canal system. Please indicate below your agency's position or viewpoint on the proposed•project and, return this form to Greae: Bodnar at the address above by January_ 2, 2020; If you have any questions regarding the proposed project,( contact. Brendan Brock'at,(910) 796-7270 whenapprop'riate, 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 /K a e, �_ & , r 'z'✓ AGENCY. 41L be.e�g_, a� NJhLM a-y rL SIGNATURE RECEIVED JAN 2 2020 Us? SECTION MHD Stain of North Carolina I Emiroammal.Qoalit). Coasml Management 127 Cardinal Ddw Ext., Wilmingtoa, NC 28405' 919746 7215 r ..1' . W6'RfHCIARCLINk December6, 2019' c._Idh MEMORANDUM." FROM: SUBJECT: Applicant: Dennis Rd ProjectLocation: 156 Tarpon Brunswick( Proposed Project: Installationo four.(4) in Hi Please indicate below your agencl return this form to Grew Bodnar a have any questions regarding the prc when appropriate, in-depth comment ROY'COOPER f mznur MICHAEL S. REGAN S rn rr)v BRAXTON DAVIS 7Ylia xnr IIh9aYnrr �'CL.rzxuf Jli+eegemeni r, Assistant Major Permits Coordinator >ton of Coastal Management e Avenue, Morehead City, NC 28557 3330 (Courier41-1240 ), adjacent to Lockwood Folly in Holden,Beach,, second docking facility„increasing'the total slip w Beach .canal system.; position or viewpoint on the proposed project and ie address.above by January -I If you, ised project, contact Brendan,Brock at (910) 796-; pith supporting datais requested, REPLY: This agency has no objection to. the, project a's,proposed. "Additional comments may be attached"* I This agencyltas no comment"on the proposed project. This agency approves of the project only if the recommended are incorporated. See.attached. This agency 1pbjects'to the project fora reasons described in the 11, w\ AGCNCY GrJ R C SIGNATU'RCUA DATE hb-9---t 0 796,7215 V DEC-2019 RECEIVED HabitO Consema'son '3ii` from two (2)'to, comments:. E�EVED JAN 12 2020 MP SECTION MHD NORTH CAROLINA' Envirownenwl Quality December 6; 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant, Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 262-247-3330 (Courier 11-12-09) greag.bodnar()NCDENR.govt SUBJECT: CAMA Application -Review Applicant: Dennis Fair ROY COOPER, ( nl CfnOr. MICHAEL S. REGAN .seerem y BR_AXTON DAMS Ulrecmr Daiumn ofCnmtal Monagment Project Location: 156 Tarpon Drive; adjacent to Lockwood Folly in Holden Beach, Brunswick County Proposed Project: Installation of a second docking facility, increasing the total slip count from two (2) to four (4).in Holden Beach canal system. Please indicate below your agency's position or viewpoint on the roposed project and return this form to Grew Bodnar at the address'above by aE! n aip& e20N If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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. j'RINT,NAM6' �t�0 ncLU �tfCtr'C �GL1 N¢�ll 64 a.'G.-� A B- r- . SjGMTUR ffav ice. a 3 , aD ( 9 Sate of North Carolina I Environmental Quality'; Coastal Management 127 Cardinal Drive Ezt; Wilmington, NC 18405 9197967215 ROY COOPEW C rmrirvr MICHAEL. S'. RE_GAN, BRAXTON'DAVIS; NORTH CAROLRL4 Uirettwr•-Uiv67n,i ofCcuval rJfvvt menwl Q!wl'q dfmmgcrnrm December 6, 2019 MEMORANDUM; FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce -Avenue MoreheadtY,Ci NC 26557 Fax: 252-247-3330.(Courler 1,1-12-09) oreoa. b od narANC DEN ft. Q0v' $UBJEdf ' ; bA-1*.Applicatfon Review 'Applioant:'s.', Dennis Fair Project Location: 156 Tarpon Drive, adpcent.to Lockwood Folly in Holden Beach, Brunswick'County Proposed Project: • Installation of a second docking facility, increasing the total slip count from two e2) to. - four (4) in Holden Beach canal system. Please indicate below your agency's position or viewpomt on the ro osed rojecC and return. this form to Gregg Bodnar -at the address;above by' anuary 2 2 20 i If,you have any'questions regarding, the;proposed,project; contact Brendan Brock at (910) 796-7270 when',appropnate,'in-tlepth•coi ments with'supporiing.data is requested. REPLY:' This agency..has'no objection to the project as proposed. "Additional commerits:may be_attached••' ' . This agency has no comment. on the proposed project. This agency approves of the project only if the recommended changes are incorporated, See attached. This agency objects to the project for reasons described in the.attached comments. a • CaEN6Y: AJODMF E������ ® 61d, ,/ J A N 3 2020 IGM)1TUR 6� Of MP SECTION MHD DAr (3 Z� SL$ ofNonh Carolina I-Environmenul Qualityl Comaal Management 121 Card'uml Driw Ext, wlmington, NC 29405 919 796 7215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Dennis Fair — Holden Beach, Brunswick County Date: January 29, 2020 Consistences This project is consistent with the Town of Holden Beach Land Use Plan update. The applicant proposes to install a second docking facility, including a boatlift and floating dock. The project is located at 156 Tarpon Drive, on the west end of Holden Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT and CW. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Holden Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted are classified as Conservation. In general, the Town of Holden Beach allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Town of Holden Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Holden Beach Land Use Plan. Cc: File RECEIVED JAN 2 9 2020 POP SECTION @AHD Bodnar, Gregg From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Sent: Wednesday, January 29, 2020 8:48 AM To: Bodnar, Gregg Subject: [External] RE: Projects 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<maiIto: report.spam@nc.gov> Gregg, Dennis Fair and Wesley Carter are both mine, have not got to them yet? The other two I can't find in the database. Any other identifiers? Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, January 29, 2020 8:04 AM To: Currey, Gregory E CIV USARMY CELRP (USA)<Gregory.E.Currey@usace.army.mil> Subject: [Non-DoD Source] Projects Hey Greg, Thanks for the updates on Johnston and Walters. Have a few others to ask about... Fair. Dennis Carter, Wesley C&D Homes Caison's Creek - Getting close to the 150 at the end of Feb. Thanks, DocuSign Envelope ID: 785D566D-8D95495C-9E90-190E4B27C876 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 5, 2020 DWR # 2019-1682 Brunswick County Dennis Fair 156 Tarpon Drive Holden Beach, NC 28462 Subject: No Written Approval Harbor Acres (156 Tarpon Dr — Holden Beach, NC 28462) Dear Mr. Fair: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on December 9, 2019. 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 htto://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: If sending via US Postal Service: If sending via delivery service [L(P,S,C E I V E® FedEx, etc.): �INXIE FEB PT + D �� North Carolina Department of Environmental Quality I Division V74aw 143b T I O �! 1 It� �$ D Wlimington Regional Office 1127 Cardinal Drive Extension I Wilmington, �hCarolina 284i051Y Y.' �+ 910.7%.7215 DocuSign Envelope ID: 785D566D-8D95495C-9E90-190E4B27C876 Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 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(a)ncdenr.gov if you have any questions or concerns. Sincerely, on 12q W. esw,uc�oaa�... Morelia 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 Liz Hair, USACE Wilmington Regulatory Field Office, EC Matthew Hon, H5 Construction, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED F E B S 2020 MP SECTION MHD 0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-1998-00469 County: Brunswick County U.S.G.S. Quad: Holden Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Dennis Fair Fair Family Dockine Facility Address: 156 Taroon Drive Holden Beach, NC 28462 Telephone Number: RECEIVED F E B 1 ^ 2020 Size (acres) Nearest Town Holden Beach „' Nearest Waterway Atlantic IntracoastalWaterwav River Basin Lower PeeDee.,iP vECiTION MO. D USGS 14UC 03040208 Coordinates Latitude: 33.9116 ttii tLJJ Longitude:-78.3366 Location description: The project site is located in a man-made canal that is connected to the AIWW near 156 Tarpon Drive, Holden Beach, Brunswick County, North Carolina. Description of projects area and activity: The proposal is to construct a docking facility consisting of a ramp, floating dock and a boat lift that will accommodate four (4) boat slips. The project will have open water shading impacts to 128 square feet of a man-made canal which is connected to the AIW W. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: GP 197800056 with the inclusion of the following Special Condition (1): 1. 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. ALSO SEE ATTACHED RGP GENERAL AND SPECL4L CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, Special Condition (1) above, and your submitted application and attached drawings dated November 18, 2019 and revised December 5, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at or Greeorv.E.Currevla usace.armv.mil. CURREY.GREGORY.EUGawoyp Corps Regulatory Official: ENE.1051011950 Date: February 13, 2020 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room I OMl5 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED F E B ', 2020 AV SECTION MHD J In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. CURREYGREGORYEUGENE 1& Digitally signed by Corps Regulatory Official: CURREY.GREGORY.EUGENE.1051011950 51011950 Date: 2020.02.121623s5-05'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at httl2://corpsmapu.usace.army.mil/cm apex/fo12=136.4.0. Copy furnished by email: H5 Construction (Matthew Hon) NC DCM (Greae Bodnar) NC DCM (Brendan Brock) NC DWR (Robb Mairs) RECEWED F E B 1 4 2020 MP SECTION MHD Action ID Number: SAW-1998-00469 County: Brunswick County Permittee: Dennis Fair Project Name: Fair Family Docking Facility Date Verification Issued: February 13, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEI,VED F EB 1 4 2020 nnr8 SECTI®M MI Pam^" DCM Coordinator: N Permit #: MAILING DISTRIBUTION SHEET /6& a ,(c z 8yG 2- Agents: I" Aw Ct ,7 ad �-to DCM Field Offices Elizabeth City Washington (with revised work plan drawings) MoreheadCityWilmington 3"7 — OBJECTIONS Q'Yq US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, 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 (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARO) Natural Heritage Program Rodney Butler LPO: IZ" W� (NCDOT) Travis Wilson ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Dennis Fair Dennisfairservices@gmail.com Dear Mr. Fair, NORTH CAROLINA EnWronntenta/Quality February 4, 2020 A%2 F This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to construct a docking facility, in Brunswick 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 April 19, 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 Wilmington Matthew Hon (H5 Construction) matt@h5constructionllc.com North Carolina Department ofrmironmental Quality I Dlvtsion of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, February 4, 2020 1:48 PM To: 'den nisfairservices@gmail.com' Cc: 'matt@h5constructionllc.com'; Pietila, Tanya K; Brock, Brendan O Subject: Extension for Fair Project Attachments: Fair EXT.pdf Afternoon Mr. Fair, Please see the above extension for your docking facility CAMA application. I am still awaiting comments from a few agencies. Once those comments are in I should be able to make a determination thereafter. If any comments of concern come in I will coordinate with you. Thanks, Gregg :xwn�CxiYa„1�' QE� QP Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 280g ext 21S (Office) qRK.@qdnqr&ncdenr.gov Email comrspomfence to amt jiom this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. YMCA1181 for Ma1or ®erei"Mot Penult (lost rsnrla d 12127108) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Mlmary Applicand Landowner Information Business Name Project Name(if applicable)Q�/ }t [\ I \ Applicant 1: Fist Name DENNIS MI Last Name FAIR Applicant 2: First Name MI Last Name ff addiaonal applicants, please attach an additional pege(s) wHh names listed. Melling Address 156 TARPON DRIVE PO Box CRY Holden Beach State NC ZIP 28482 Country USA Phone No. 919.889-2890 ext. FAX No. m above) Street Address (ddi fermbum City State ZIP Email DE NNISFAIRSERVICES@GMAIL. COM 2. Agent/Contractor information Business Name H5 CONSTRUCTION Agent/ Contractor t: First Name MATTHEW MI Last Name HON Agentf Contractor 2: First Name MI Last Name Mailing Address 2164 HOLDEN BEACH RD PO Box City Supply State NC ZIP 28452 Phone No. 1 910 - 880 - 4381 ext. Phone No. 2 - - ext. FAX No. Contractor# Street Address (d ddfereM hum above) City State LP Email MATTQH5CONSTRUCTIONLLC.COM gFCE1VED <Form continues on back> NOV 2 2 2019 @(� Wi, MiNGTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. 0 BRUNSWICK 156 TARPON DR Subdivision Name City State Zip HARBOR ACRES SUBDIVISION HOLDEN BEACH NC 28462- Phone No. Lot No.(s) (if many, attach addiobnal page with list) 919 - 669 - 2890 ext. 248, 249, 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project LOCKWOOD FOLLY c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown AICW e. Is proposed work within city limns or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. 4. Site Description a. Total length of shoreline on the tract (h.) b. Size of entire tract (sq.tt.) 193.31 8705 c. Size of Individual Iot(s) d. Approximate elevation of tract above NHW (normal high water) or .20..20, 1 NWL (normal water level) (If many lot sizes, please attach additional page with a list) 1"-30' ❑NHW or ❑NWL e. Vegetation on tract COASTAL WETLANDS I. Man-made features and uses now on tract DOCK, RAMP, FLOATER AND BOAT LIFT FOR PERSONAL USE g. Identify and describe the existing land uses adiaeent to the proposed project she. PRIVATE DOCKING USE h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R1 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA 1. Is the proposed activity part of an urban waterfront redevelopment proposal ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attest 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 ❑Yes ®No ❑NA National Register listed or eligible property? Khummvw <Form continues on next page> NOV 2.2 2019 DEC 12 2019 ' RA a#r-r" CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for m. (i) Are there wettands on the site? (ii) Are there coastal wetlands on the site? (iii) If yes to either (i) or (it) above, has a delineation been conducted? (Attach documentation, If available) n. Describe existing wastewater treatment facilities. COUNTY SYSTEM o. Describe existing drinking water supply source. COUNTY SYSTEM p. Describe existing storm water management or treatment systems. NIA Major Development Permit ®Yes []No ®Yes ❑No ❑Yes ®No 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PubliclGovemment ®POvatelCommunity, b. Give a brief description of purpose, use, and daily operations of the project when complete. RECREATIONAL DOCKING FACILITY c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it Is to be stored. BARGE AND TIED TO THE RESIDENTS PIER. d. Ltst all development activities you propose. NIA e. Are the proposed activities maintenance of an existing project, new work, or both? YES f. What is the approximate total disturbed land area resulting from the proposed project? NIA ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accesaway 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 state. WETLANDS I. Will wastewater or stomwvater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the some salinity as the receiving water? ❑Yes ONO [IRA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. ,r <Forrn continues on back> N(JV'G2 )019 DEC 12 Z019 DU,' .,•IHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit K Addidonallnformation In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to pmperly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cros"ectional 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 life. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete 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 STEVE AUSTIN Phone No. 704-473-1619 Address 4937 BURRIS RD DENVER NC 28037 Name Phone No. Address Name Phone No. Address g. A list of previous state or federal pe rwhe issued for work on the project tract. Include permit numbers, permfteo, and issuing dates. N/A h. Signed ctmsuRant or agent authorization form, it applicable. I. Wetland delineation, If necessary. j. A signed AEC hazard no0ce 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). f 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. 1 7. Certification and Permission to Enter on Land 1 understand that any permit issued in response to this application will allow only the development described in me appncaaon. 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 10-30-19 Print Name —MATT Signature `� V 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 VAECENED NOV %2 7019 DEC 12 2019 DCf0-PAHD CITY Forth b'CM MP-4 STRUCTURES (Construction within Public Tmat Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILIMMARINA CHARACTERIS1r/CS ; ❑ This section riot applicable" a. (i) is the docking feclltylmarine: b. (1) Will the facility be open to the general public? []Commercial ❑PubliclGovernment ®Private/Community, ❑Yes ®No c. (1) Dock(s) andlor pier(s) (11) Number 1 (iii) Length 16 (iv) Width ¢ (v) Floating OYes ❑No e. (i) Are Platforms included? ❑Yes ®No If yes: (ill Number _ (iA) Length (iv) Width _ (v) Floating ❑Yes ❑No Hole: Rooted areas are cakulated from drrpAne dimensions. g. (i) Number of ages proposed 2 (ID Number of slips existing 2 I. Check the proposed type of ailing: ❑ Land cut and access channel []Open water; dredging for basin andlor channel ❑Open water, no dredging required ❑Other; please describe: k. Typical boat length: 22 m. (I) Will the facility have tie pilings? []Yes ®No (ill If yes number of fie pilings? d. (i) Are Finger Piers included? []Yes ®No If yea: (ii) Number (ill) Length IN) Width _ (v) Floating []Yes []NO f. (q Are Boatlifts included? ®Yes ❑No If yes: (it) Number 1 (ill) Length 14 (iv) Width ]� h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("vet slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: J. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). center console (i) Will the facility be open to the general public? ❑vas DgNo ReceNE161 RECM - N0� % 2 zm1 •aA )N MtNG'f ON, NC 2:;2-WAUUP ;: i-598 4RCOAS`! vvv,^rtaict o &rtn^ln] #41"f�(Gkfiv I?.;not _ _ .. DEC 12 2019 DUA-MI-ID CITY 4ructrares, Yarn ;, of n) 2. DOCKING FACILITY/MARINA OPERATIONS ®This sectron not appBceh/e a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boalholding tank pumpout; 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. _ I. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently Provided? RECEIVED m. Is the marina/docking reality proposed within a primary or secondary nursery area? NOV %. ? 0 19 ❑Yes ❑No t)CM WILMING1ON, NC 252.80P<?809 :; 7-fltil3•ARCOttST :: www.,nccgastatmnRngair q L.n__at r.:�,is 2r7: 9Z12710F. DEC 12 2019 DCNI-MHD CITY Furvif i5CIA NIP-e-i (Structures, Page 3 of A) n. Is the marine/docking facility proposed within or adjacent to any shellfish harvesting area? Oyes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? 11 any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS _ ❑WL []None p. Is the proposed marinardocking 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 Ilfts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublklGovemment ❑Private/Community (ill Number (III) Length _ (iv) Width — Note: Rooted areas are calculated from ddpllne dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) NThis section not applicable a. (i) Number (II) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NW-, or wetlands c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS ®This section not applicable a. Is the strudure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured Irom marsh edge, it present. e. Are of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED NOV 2 2 2019 UCM WILMINGI'ON, NC 8t)p.7: oF... ..,. u,. -•.J .;_ci ,�,F„;.r.,=- DEC 12 Z019 rn,ri3ed: 12f271U(: "orb FoeivS DCM MN-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 32 Note. For buoy or mooring piling, use am of swing including length o/vessel. c. Width of water body 10 e. (i) Will navigational aids be required as a result of the project? ❑yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL - 6.2r 8. OTHER ®This section not applicable� a. Give complete description: 10/31/2019 Date 156tarpon Project Name H5 Construction Applicant Name Applicant Signature RECEIVED RECEIVED NOV 2 2 2019 0E- 1 9?MWILMINGTON, NC ?.52•sr7F-'LBOR r. 'i-RBa-hiriCf3A:��i:: www.ncr oasq,;r:nnvatfemc n)_ne4 Nviseu: 1?%?:'; L'ri DCM-MHD CITY Rene ouzo/19 OOOFl15 RAMP 6 BOAT lFT 0/29/ 9 AMR WARR MVN EIEVAnONS 12 M12 05 19 mMMON ffR pLY cpxMFx1. NE HOLDEN BEACH U d occur BOJUEIARD ' TA"ON DRK WEST n C & Tom' VIC[M7Y MAP O of NI KIES: N ? o BASED ON FEW FLOW WP 3T 005D% MI5 PAR EL WPEARS TO "AR', j BE UXAEED N1 ROOD ZONE WE ROOD EIEVATXNai3.0'. oj{ URT NIS PIA1£L IS TO 41 REMOVED EASONENTS WHICN MY OR WY NOT BE SNgYN ON THIS SIIRr . FOR T S. S M 13.pipEp FOR ADDITgNAL BE DINE. SEE YW p91NET S. POLE I]. BE UK. AREA BY CWRpI1N2 METHOD. C MR REF. SOON 4191. PILE 351 a W eoc W STREET ADDRESS' z a Z m 0 IM TARPoN pRNE HOLDER NC 254H p y1 Z BEACH, U O w U LEGEND IABEL a DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Dennis Fair PROJECT NAME: Fair Family Docking Facility 2. LOCATION OF PROJECT SITE: Site is located at 156 Tarpon Drive on the west end of Holden Beach, Brunswick County. Coordinates: Latitude N 33°54'41.77" Longitude W 78'20' 11.32" INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10-16-19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 10/30/19 Application Complete — 11 -22-19 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Holden Beach Land Classification From LUP Residential (B) AEC(s) Involved: PT, CW (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing - Single family residence, fixed platform, floating dock, boatlift Planned - Install boatlift, floating dock (G) Estimated Annual Rate of Erosion: N/A 8. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water N/A 324 sq. ft. N/A Inco rated (D) Total Area Disturbed: 324 sq. ft. (.007 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No PROJECT SUMMARY: The applicant proposes to install a second docking facility including a boatlift and floating dock, increasing the total slip count from two (2) to four (4) in the Holden Beach canal system. RECEIVED DEC 12 2019 DCM-s'iIHD CITY Fair Family Docking Facility December 5, 2019 Page 2 9. PROJECT DESCRIPTION The proposed project is located at 156 Tarpon Drive, on the corner of the east -west feeder canal and canal #4, on the west end of Holden Beach, Brunswick County. The property can be reached by traveling NC HWY 17 south towards Holden Beach. At the Supply intersection, turn left onto NC 211 S. Travel .3 miles down NC 211 S and turn right onto Stone Chimney Rd SW. Drive down Stone Chimney Rd for 5.5 miles and continue onto Old Ferry Connection SW for 1.1 miles. Turn right onto Sabbath Home Rd SW and then take the next left onto NC 130 E towards Holden Beach. Travel over the Holden Beach bridge and take a right onto Ocean Blvd W. Continue for 3.9 mites and take a right onto Tarpon Drive. Existing structures on the project site include a single family residence and a private two (2) slip docking facility located on the east side of the property. The existing docking facility includes a 6' x 22' fixed platform, a 8' x 16' floating dock, a 4' x 6' floating dock, a 4' x 6' PWC floating lift, and a I V x 14' floating boatlift. The project site is approximately .19 acres and is vegetated primarily with domestic grasses and ornamental landscaping. The high ground portion is elevated approximately 3'-5' above the normal high water (NHW) level, and the shoreline (+/- 193 linear feet) is stabilized by bulkhead. Coastal Wetlands on -site consist of Smooth Cord Grass (Spartina alterni lora). The applicant's property sits at the end of a canal system on the corner of the east -west feeder canal and canal #4. A residential property borders the project site to the south, Tarpon Drive borders the west, and the canal system borders the north and east side of the property. The width of the east -west feeder canal measures approximately 86 feet from marsh edge to marsh edge at the proposed project site. The waters of the canal system are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the October 2019 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding waters. Water depths in the vicinity of the proposed docking facility range from +.1' to -6.2', relative to MLW. PROPOSED PROJECT The applicant proposes to install a second docking facility including a boatlift and floating dock, increasing the total slip count from two (2) to four (4) in the Holden Beach canal system. The applicant proposes to build the docking facility on the northern side of the property in the east -west feeder canal. A 3' x 20' gangway would extend down from the bulkhead to an 8' x 16' floating dock. A 14' x 14' boatlift would be installed immediately to the west of the proposed floating dock and accessed by way of the floating dock. RECEIVED DEC 1 2 2019 DCM4AHD CITY Fair Family Docking Facility December 5, 2019 10. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 324 sq. ft. of Estuarine Waters and Public Trust Area. The docking facility would remain consistent with similar pier length requirements (established pier -head line). The proposed docking facility would not encroach into the 15-foot riparian corridor setback of the western property owner. Minor increases in turbidity should be expected during piling installation. Submitted by: Brendan Brock Date: December 5, 2019 Office: Wilmington RECEIVED DEC 12 2019 DCNI-`AHD CITY H5 CONSTRUCTION, LLC 2164 Holden Beach Rd. Supply, NC 28462 910-827-6966 matt@hSconstructionllc.com www.hSconstructionlic.com INSTALL THE FOLLOWING PER CUSTOMERS REQUEST. -BOAT LIFT 16K BOATUFT: GEARBOX,ALUMINUM CRADLE KIT WITH BUNKS, GUIDE POST, PVC, BRACKETS & HARDWARE. BUNKS — ELECTRIC NOT INCLUDED 3 FT WIDE 20 LONG ALUMINUM RAMP 8x16ALUMINUM FLOATING DOCK WITH FLOATS WITH STAINLESS STEEL BOLTS AND KNURLED DECK FLOORING. 2- 8" FLIP -UP CLEATS. 2 CORNER AND RUBRAIL. Building Permits RECEIVED DEC 12 2ui9 DCM-MHD CITY Brands R. Clewar Relater or Baada ahYl-M l8 14: al:2a.4a8 8rueaalek Canty, w W 16VflaH STW: $1120.00 (e278aa) anI Type raa ^.kg Ck 01V,,Cats B_ dotard_ Cash 8_ _fiwee_ p Poreow Itdocar all areReabs de so candhan otonpYul. D Oorexrean conlekw aanbveriaetl by oddrW InsWnwnl IAalcarve[ b reProdeed wooplea. This imaunsant MMM by David L. Worn un, a licensed Nurdh Carolina als ney. Delinqucnl Wes, ifaay, to be paid by the clming s%mey tome BnawMck County Tax Collw w upon d'ubueemmt of ekning proeeds. No title opinion or closing services rendered by preparer. NORTH CAROLINA GENERAL WARRANTY DEF.D Excise In: $1,025,00 Parcel Idantifier No. 246AB002 Vailled by Cotlmy In the _ dry of __ 20 BY —._ This Instrument wu prepared by' Th Wssftrn F' P c 624 V'II Rn sh 'tar l ah Ila7 N 28.70 Brief description for the Index: L-248, 249 B-1 .19AC HARBOR ACRES PLAT 8/13 THIS DEED made that. _ day of J 20_— by and between GRANTOR -- — GRANTEE HUNTER LEE HIGDON R wife, DENNIS MARTIN FAIR k wife, LINDSEY HIGDON SFARR HOWARD FAIR 241 Ash Road PO Box 1967 Bolling Spring Irks, NC 28461 Plttsbaw. NC 27312 Enter m Appropriate block fw each party: sense, address, and, if Appropriate, chatacterofentity, e.g. corporation wpemerahip. The designation Grantor end Grantee as used lemin Shall include mid Panties, [heir heirs, susxevson, and asaigns, and shall include Singular, Plunl, masculine, feminine or neuter as required by context. WITNBSSETH,thin the Onenw, for a valuable cwuidemtlonpaid by the Grantees, the rewiptofwhich is hereby clmowkAged, has and by thismPraeanb does@ent, bargain, sell and convey unto the Grams in fee simple, all that odtein lot or penal of land situated in the City of Holden Beach, Lockwood Folly Township, Brunswick County, North Carolim and more penicularly desalTRd as follows: 'SEE ATTACHED^ The properly heminabove described was acquired by Grantor by instrument recorded in Book 39%, Page 394 and Book 3988, Page 304. All or a portion ofthA property herein oonveyd _ includes of does not include the Primary residence ofGrinner RECEIVED NOV 2 2 mg )CM WILMINGTON, NCRECEIVED DEC 12 % I DCM-MHD CITY till 11111I�III�IIIIIIfI,N�N �181d? „' A map sl nwmg the above described pre "u recorded m PW Book !, page 13. 70 HAVE AND TO HOLDthe aforesaid lot or parcel of land sod all privileges and appuna anoes thereto belonging to the Grantee in fee urapb_ And the GrevtorcoveaavG with theGnantee, that Grantor is seized offt penises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear craft eocumbrances, and that Grantor will warms eM defend the title against the lawful clehm of all pensons whomsoever, other than the following exceptions: Subject to Restrictions, Fisements and Right of Weys as may appear of record. IN WITNESS WHF.RFAF, the Grantor bas duly ex=uW the foregoing as of the dry and year first above wri0cn. /Ybg �� _(SEAL) H��upy�n/tyye�LL�rt�oHllzdofn' �,a, ,, (ds PI�� (SFAI.) Lindsey Iflgd II Sane ofNorlh Carolina - County of [.the undersignad Notoy Public, certify that Hunter Lee Motion and Llodsty Higdon penumlly appeamd beforeme this day and acknowledged the due execution ofe foregoing Instrument for the purposes therein easaesscd. Wtlekss-Y Notarial damp or reel thb J]_ day of RTR'f ) 2011 —1\ - A / I1 fff/ lI of IbaAs for is= m the Book and Page shown on the county Deputy/Assistant - Register of [beds RECEIVED NOV 2 2 2019 DCM WILMINGTON, NC RECEIVED DEC 12 2019 Brunswick County - Basic Search Basic Search Real Estate Search Tax Bill Search Sales Search Help Parcel #: 246AB002 Tax Year: 2020 Account #: 80081917 Owner Information Tex Codes FAIR DENNIS M ETUX& FAIR STARR HOWARD ICN13ADVLTAX - HOLDEN BEACH JPD BOX 1867 IC ADVLTAX - BRUNSWICK COUNTY i rrSBORO, NC 27312 WR19FFEEFEE - TRI-BEACH FIRE Property Information Township land (Units/rype): 2.0000 IT Lockwood Folly ddress: 156 TARPON DR HB llaad Information Loral Zoning Date: 04/2019 Book: 04181 Page: 0351 Plat Book: 00000 Page: 00000 Rl —Legal Descriptlon PiIN IL-248,249 B-1.19AC HARBOR ACRES PLAT 8/13 200505193449 P Values Building: Xxxx BXF: xxxX Land: XXXX Market: xxxx Assessed: XXXX Deferred, xXXX Sales Information No. Book Page Month Year Instrument Qual/UnQual Improved Prim 1 00562 0155 03 1984 WD Unqualified Vacant 28,000 2 02794 1017 05 2008 WD Unqualified Vacant 0 3 03988 0304 11 2017 NW Unqualified Improved 0 a 01712 0160 03 2003 WD Qualified Improved 250,000 i 03411 0418 05 2013 WD Qualified Improved 369,000 i 03896 0394 04 2017 GW Qualified Improved 495,000 04181 0351 04 2019 GW Qualified Improved 512,500 'l 1 1 1711,711fiFTIF 1171117. RN,-i 1 •111n a�1 << Return to Basic Search �elJ�4W1 k.q(Iyik'AyE , bd tv+' Brunswick County Wrb Site All information on this site is prepared for the inventory of real and personal property found within Brunswick County. All data is compiled from recorded deeds, plats, and other public records and data. Users of this data are hereby notified that the aforementioned public Information sources should be consulted for verification of the Information. All Information contained herein was created for the Brunswick County's internal use. Brunswick County, its employees and agents make no warranty as to the correctness or accuracy of the Information set forth on this site whether express or implied, in fact or in law, including without limitatlon the Implied warranties of merchantability and fitness for a particular use. If you have any questions about the data displayed on this website please contact the Brunswick County Tax Administration at (910) 253- 2829. 1.7.96.276 RECEIVED DEC 12 2019 RECEIVED NOV 2 2 2019 DCM WILMINGTON, NC DCM-PdiHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: DwAl:s a- r- Mailing Address: or Phone Number: ilY 4c 61 Z11370 Email Address: d�tn.s �4ii e �5 >m� < 0— I certify that I have authorized lifpg Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: LioCr f /ff Gay,/ C7A- at my property located at / 'ac: in r/�/71/,,-I AC-16 County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature V Print or Type Name l �r2�� M�\�M\NGtON Title _fit —t24AID oc Date RECEIVEDThis certification is valid through 1 K 1 Zv7y NOV 2 2 M9 RECEIVED DCM WILMINGTON. NC DEC 12 2019 DCM-MHD CITY CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: e Address of Property: (Lot or Street '#, Street or Road, City & County) Agent's Name #: H5 Construction Agent's phone #: 910-880-4381 Mailing Address: 2164 Holden Beach Rd. Supply, NC 28462 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development theyproposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal T have objections to this proposal. If you have objections to what Is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact Information for DCM offices is available at ht>�'//www.nccoaspalmansgomant, nethvc Fy'cmis[atf-Iisrin or by calling 1-868.4RCOAST. No response Is considered the some as no objection If you have been notified by Certtfled Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. tC� I do not wish to waive the 15' setback requirement. (Property Owner Information) 6�t , f�' Signature Print or Type Name Mailing Address ai� City/state/Zip Telephone Number / Email Address�%�r.✓-co F- Date (Riparian Property Owner Information) Signature - Print or Type Name g v� �J`1 �2 ',�\9 1ONNc M0voVIG Date (Revised Rg. 2014) DCh9-1141iD CITY CERTIFIED"WAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIANyPROPEnRTY OWNER NOTIFIC TIONIWAIVER FORM Name of Property Owner:%+y �'� " d J ham °� •A"` Address of Property: s �/ �j7 rr� ` f� l�� �" t " ,✓ (Lot or Street #, Street or Road, City & County) Agent's Name #: 1-15 Construction Mailing Address: 2164 Holden Beach Rd. Agent's phone #: 910-880-4381 Supply, NC 28462 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawina with dimensions must be provided with this li etter. have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) In writing within 10 days of receipt of this notice. Contact information for DCM offices is available at httn'//www.ncco.istaimanngement net/wob/cm/staff-iistinci orbycalling 1-888-4RCOAST. No response Is considered the same as no objection it you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. (Property Owner Information) ,fY-C Signature /�tnivr%S Arrint or Type Name /,'gG Mailing Addrogs City/statsaip zm-� Z6;o GiZ6zA - iP�rlsGPs Telephone Number / Emeil address 1$-��z,g2 Dare (Riparian PropertytOwne I ormation) Gt-, Gi wL Signature "Steeg.- &A-, t Steve Austin p„y R, A,,- Shannon Austin Print orType Name 4937 Burris Rd Denver, NC 280,0 Mailing Address �� 9.vtO rC,n y v ip �s r 704473-15 9 �M\�010VN-NG .N\ Telephone Number/ Email Addres RECEIVE, gto /it 8/13/.19 1c 1 2 '019 (Revised Aug. 2014) 11..1,;-i... nv CITY ROY COOPER NORTH CAROLINA Gavernw Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director December 5, 2019 SENT VIA EMAIL HS Construction c/o Matthew Hon 2164 Holden Beach Rd Supply, NC 28462 SENT VIA EMAIL RE: CAMA Major Development Permit Application Fair Family Docking Facility Dear Mr. Hon: The Division of Coastal Management hereby acknowledges receipt of your application, acting as your own agent for State approval for the construction of a private two (2) slip docking facility located at 156 Tarpon Drive, Holden Beach, Brunswick County, NC. It was received complete on November 22, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 5, 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 November 22, 2019 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some D Q� RECEIVED North Carolina Department ofEnvlronmental Quality I Division of Coastal Management DEl` (ry �O�n Wilmington Office 1127 Cardinal Drive Extension I Wilmington, Nwth Carolina 28405 CI J 910.796.721.5 DCM-",VIIAD CITY examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tda�Brock Field Representative cc: Greg Bodnar, MHC USACE Rhonda Wooten, LPO Chad Coburn, DWR DCM, WiRO Dennis Fair, Applicant Q�� RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I wllmingtm North Carolina 28405 n 7 q aig DC11- Io9hiD CITY N0T1('0$1?j LAMA PERMIT APPLIED FOR PROJECT: lip ent i71•�11i�7 f'1'isisl� ■ ill [tA �1�J N 1=i g ■�1t�f 1 !■ �] l� 11 t�7Y'! M .<R�1R 1 lam. COMMENTS ACCEPTED THROUGH ✓anua1y212020 APPLICANT: Dennis Fair .1 156 Tarpon Drive Holden Beach, NC 25462 (919) 669-2890 Agent: f.iatthc-cn: Hon (910) 880-4381 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1�7i:d. c. r... � Cai•i•f .� Fl ►a s �-1. v i� a:�� ,1-o HD CITY ROY COOPER (:arvmw MICHAEL S. REGAN se'remo. BRAXTON DAVIS Ili. w. Di nlnn oJPrnxdal Mmmgenrenl December 6, 2019 Advertising@stamewsonlitie.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • Dennis Fair Hello Angie: Please publish the attached Notice in the Thursday, December 12, 2019 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. 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. & Customer Assistance cc: MHC file Courtney Spears - W iRO USACE RECEMM smleofNonhCwlina I Envimmemal QuaraylComta1Management DEC 1 2 1127 Cardinal Dni E.L. Wilmington, NC 2805 9197967215 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 Concern as designated under the LAMA: On November 22, 2019, Dennis Fair proposed to install a second docking facility, increasing total slip count from two (2) to four (4) at 156 Tarpon Dr., adjacent to Lockwood Folly, in Holden Beach, Brunswick County. A copy of the application can be examined or copied at the office of Brendan Brock, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7270) 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 January 2, 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 DEC 12 2019 DCM-MHD CITY DCM Coordinator: Courtney Spears County: (W Permit #: I" E-MAIL DISTRIBUTION SHEET Circle one: Bio Report / Permit for: �� 1 A V) t S Vo I Oversize Plans sent: DCM Offices: �/j /� Morehead City - cc PT via Courier vy wand email 4 ayVLXyL4t( / Wilmington - hard -copy (cc Courtney on group email w/ bio.narr.app.drawings, ------------------------------------------------------------------------------------------ --------------------- ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: iz Hair r &-Ca ret Cc): PN, Cover Letter, Recs, Reports ingtonNCREG ce.army.mil (NH / BR): PN, Cover Letter, Recs, Reports Div of Water Resources: N / PN): PN, Cover Letter, Recs, Reports, Split Sheet _ Chad Coburn - (BR / NH): PN, Cover Letter, Recs, Reports, Split Sheet ------------------------------------ ----- ---------------------------------------------------- Marine Fisheries: ,2`urt Weychert w/Reports _ DCM Planner/WiRO: Mike Christenbury Cultural Resources: Vjtenee Gledhill -Earley Environmental.ReviewOncdenr.00v Natural Heritage Prog. v odney Butler DCA-Rural Eco. Dow ,.dark Ziegler NC DOT: David Harris Wildlife Resources: .4aria Dunn w/Reports State Property Office: ✓Ti Walton: DEED ke Moser anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: 4//eremy Humphrey (Bio) /S$Banam�enkurs (Pi) F(aron Gupton, Admin. DWR: Sheri Montalvo for Karen Higgins (+ g an split sheet with Bio) DEMLR: er Section an Sams - Land Quality Section Public Water Supply: �teidi Cox City of Wilmington: }RT*irelen Enforcement: �Fiellda Rep:01tVIA1 N �Voc�, f' 1n� Co. LPO f ' `�A � � Agent: O� \� RECEIVED DISTRIBUTED: ' \1 `� DEC 12 Z019 CAUMheanmawa�iea Y ili� Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 11/25/2019 H5 Construction, Dennis Fair BB&T 2384 $250.00 major fee,156 Tarpon Dr, Holden TP rct. LLC Beach BrCo NO Split 9497 Major Permit Fee Schedule Project Nam e:F4,r T6 S t/J County" •,, 5, Check No&Amount: 2-387 J ( # �O Imo_ Development Type Fee DCM % DWQ % (14300160143510009316266253) (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or $25 100% ($250) 0% ($0) excavation of any wetlands or water areas: Tit, II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: 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: I II(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 $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concems related to water quality or aquatic life: Iil(D). if General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: 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: NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Lockwood Folly Fee: $250 #2384 CDAITS _ MHC cc Applicant: Dennis Fair Agent/Contractor: H5 Construction c% Matt Hon Project Site County: Brunswick Staff: Brendan Brock District: Wilmington Project Name: Docking Facility Rover File: River Basin: Lv ti-6e�- Initial date of application submittal: 11-22.19 Date application "received as complete" in the Field office: SITE DESCRIPTIONIPERMIT INFORMATION ORW: Yes No I PNA: Yes NNo Photos Taken: Yes El No Setback Required (riparian): UYes No Critical Habitat: UYes o UNot Sure 15 foot waiver obtained: Yes o Hazard Notification Returned: Elyse fR'lNo SAV: Yes No Not Sure Shell Bottom: Yes No Not Temporary Impacts: Yes No Sure Sandbags: Yes No Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: qYes ❑No ❑Yes IFINo Moratorium Conditions: Environakental Assessment Done: Length of Shoreline: ❑Yes o ❑NA []Yes FNo ❑NA 1 q 3 FT. Shellfish Area Designation: Project Description: (code) Development Area: (code Open -or-� IP Vv ,0p SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) igh Quality Waters (HOW) El Outstanding Resource Waters (ORW) ETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium Jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina al a Ili ra) cynosuroides) El (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus 0 (TY) Cattail (Typha sp.) splcata) sp.) (JR) Black needlerush (Juncos El (SP) SalUmeadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or Gomm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Lj Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 El III(B) Public or commercial wi D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - El 11. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill- $250 III(C) Priv. public or Comm w /D&F to t RCS;:_.... acre; 4144 can be applied; DCM needs DWQ agreement - $400 DEC 1 2 2019 '"Y Dennis Fair Date: 11-22-19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One r New Work Replace ' Mainl ❑ ❑ Y N New Work Replace I I Malnt ❑ ❑ Y 4 N New Work Replace Malnt ❑ ❑ Y ❑ N New Work Replace Malnt ❑ ❑ Y El New Work Replace Malnt El❑ Y ❑ N New Work Replace Malnt ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Ll Replace Meint ❑ ❑ 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 Anal (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total Includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp Impact tamp Impacts) m act amount temp Impacts) amount Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ RECEIVED RliqWyPD19 919.733-2293::1.888.4RCOAST:: w w.nccoastalmanagement.net mvtsedt 10112)49; ITY CITY ROY COOPER Governor MICHAEL S. REGAN Secmto,y BRAXTON DAVIS MMus, D w"on of(' a,Ial Managemeni December 6. 2019 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(rDNCDEN R.gov SUBJECT: CAMA Application Review Applicant: Dennis Fair Project Location: 156 Tarpon Drive, adjacent to Lockwood Folly in Holden Beach, Brunswick County Proposed Project: Installation of a second docking facility, increasing the total slip count from two (2) to four (4) in Holden Beach canal system. Please indicate below your agency's position or viewpoint on the proposed project and return this form to this form to Gregg at the address above by January 2, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 NAM AGENCY SIGNATURE DATE Slate of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave Exr, Wilmington, NC 28405 919 796 7215 RECEIVED DEC 12 �-J19 DCM-MHD CITY Major Permit Fee Schedule Project Nam e:Ta r �M; 1 �r S) t /� County3.i,,. 3. Check No & Amount: Z 3 Ff Development Type Fee DCM % DWO % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $25 100% ($250) - 0% ($0) excavation of any wetlands or�` open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: 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 $400 60 /os ° ($240) 40% ($160) review and written DWQ concurrence i needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($2B5) 40% ($190) of wetlands and/or open water areas: