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HomeMy WebLinkAbout10-20 Hamilton, TerryPermit Class NEW Permit Number 10-20 STATE OF NORTH CARQLINA Department of Environmental Quality y and GOQ Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Terry Hamilton, 2216 Mercantile Dr., Leland, NC 28451 Authorizing development in New Hanover County at adj. to Masonboro Sound. at 6454 Shinnwood Rd., in Wilmington , as requested in the permittee's application dated 9/10/19, including attached workplan drawings (3), Sheets 1-3 of 3 all dated 9/10/19. This permit, issued on January 23, 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 m mese terms may De subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. (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. Fig Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee � -C Terry Hamilton Permit No. 10-20 Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) No backfill material is to be placed within 30 feet of the mean high-water level, except that which will be used to backfill the area behind the permitted bulkhead. 10) All fill material to be placed below mean high-water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 11) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities.. General 12) 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. 13) 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-2019-02130). 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. 2019-1515. e DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: IG f6;1 rl Type: (Check all that apply) New __K _ Major Mod Permit Coordinator: Field Representative: Permit#11 Minor Mod gt)D� --Ili-_ — Renewal Transfer Date Time Message '((zlm ivpWeA A�f-" ,-Lv�a plane, L -- VAeSS j &Oce-e-A CoPnWC�-Es 4".4 tAvwwN 6 4 Pt�A� 1. �,S cal�t2c� c ,o L,� it yjA 40k,j� u�l�G� t .r on �aGc� GC�;h4n�C ISsuCS, '(P7 Tc' Co, bkw� bwlld^ta� DA �l(zsf'zIz W� tll2s IAR 110� u�-�5 DCM Coordinator:_ � /�`( , Permit #: 10-7c2 MAILING DISTRIBUTION SHEET Permittee: le--(rN/ ILot Oi) 26 k� rGO,.�i (C (,.r: Agents: /�eh �Or 1'� ; I-Hw+�(MAor, ` (a QW-q,! r?k U DCM Field Offices Elizabeth City Washington ^� / (with revised work plan drawings) Morehead City Wilmington: Ca' nc L (OBJECTIONS ) US ACOE Offices: Gnrq 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 LCity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (TBD) 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 -Farley at Environmental.Review0ancdcr.gov Heidi Cox (WIRO) Curt Weychert 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, I lyde, 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 (WARD) Natural Heritage Program Rodney Butler IRO: Wo (NCDOT) Travis Wilson gem Mr-1 APPLICATION for Major Development Permit (last revised 12127I08) North Carolina DIVISION OF COASTAL MANAGEMENT rhd dppl/cdrit%Le'ndownerinfarmeilbr► Business Name Project Name (it applicable) Applicant 1: First Name MI Last Name er/ -� (/ r /., Applicam2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State P c -J �� rrJ eIQN� NC ZIP Country Phone No. FAX No. agNs / aJCf d.23 �a.i. eA. Street Address (itdiflerent from above) city State LP Email C@ e if, bloc�bPi�y, nla� ✓��tpo�� ?• 7 ¢ehtlCogtractdr-lnfdrnYatJbri Business Name Agent/ Contractor 1: First Name iMn MI Last Name( JL%or l L Agentl Contractor 2: First Name MI Last Name Meiling Address �,%�; sue; l/e /LiJr, PO Box city till nl,�3ybN IV 0— ZIP a 8yo 3 Phone No. 1 9/0 -a3 /- Phan No. 2 FAX No. Contractor a Street Address (U different from abowa) qly State ZIP Email <Form continues on back> "I v l cull DCM WILMINGTON, NC 252-808-2808 .. 1-888.4RCOAST .. www.nccOastalman0gement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit County (can be multiple) Street Address State Rd. N C,J er n �(/� 6 41 _' �'I S� INIJ WOOry[ 1`�01. Subdivision Name `J l�.iNrJ 1 Oiw.+� City / (.�.�L-tr.JSyoN State /J� Zip ab'zi0Ql Phone No. a36-aa3-/WoL am. Lot No. (a) (d many, attach additional page with fist) a. In which NC river basin is the project located? CQ b. Name of body of water nearest to proposed project C reP/ IC .)W C. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project she. patural ❑Manmade ❑Unknown Maso.'bonc SDuN G/ 9. Is proposed work within city limits or planning jurisdiction? f, h applicable, list the planning jurisdiction or city limit the proposed WVes ❑No work falls within. 4. §!te peiglptlon - $ a. Total length of shoreline on the tract (ft) b. Size of entire tract (sq. h.) �S r . q� Rr, C. Size of individual lolls) VO /' i C- S d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) s r (if many lot sizes, please attach additional page with a list) Fe HW or ❑NWL e. Vegetation on tract Lnntck",Jeo/ C.O(3rS/ci� l.Je�f�dJd�J val./'ejj f. Man-made features and uses now on tract balk.tieno% Nocif;e Pool, g. Identify and describe the existing land uses ad to the proposed project site. r5(de 4fa/ Pv,es h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? D/ / (Attach zoning compliance certificate, if applicable) Uses ❑No [INA J. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes Wj No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes ❑No ]RNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No OWA National Register listed or eligible property? <Form continues on next page> RECEIVED OCT 01 2019 252-805.2808 :: 1-888.4RCOAST :: www. ac teas to tmiosgsroset.net r Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? (9) Are there coastal wetlands on the she? (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, ff available) n. Describe existing wastewater treatment facilities. 0�--PC/ A o. Describe existing drin(�/king water a ly source. P. Describe existing storm water management or treatment systems. su�'�ace r�n�o`�f ®Yes []NO ❑Yes F<tNo a. Will the project be for commercial, public or private use? P i L ❑Commercial ❑Public/Government 0Acli QPnGate/Community b. Give a brief description of purpose, use, and daily operationsof the project when complete. A / J /P/'OC��v� I 0 e� /,1 awl 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 t be stored. L' SGL4 tJ q.`, O ✓ - k fro C"J 5 i orn� c ka - Cd/ YO o /s d. List all development activities you propose.` Lanis`Yrt.cCC-T 6L'lLk� e. Are the proposed activities maintenance of an existing project, new work, or both? WOrL N r. PJ I. What is the approximate total disturbed land area resulting from the proposed project? 36q.Ft of []Acres SO r g. Will the proposed project encroach on any public essement, public acce—nwayor other area ❑Yes o ❑NA that the public has established use of? h. Describe bcation and type of existing and proposeddischarges to waters of the state. `� SE4,4'"e. (1UtrJ0Z7— I. Will wastewater or stormwater be discharged into a wetland? []Yes VJW0 ❑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? ❑Yss ;jWo ❑NA If yes, attach a mitigation proposal. <Form continues on back> OCT 01 2019 NC 252-808.2608 .. 1.888-411COA8T ;, www.necoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional In it ion In addtia to this coniplefed 4PPWfi form,-(MP-1) the toftowlng hems below, if applicabJ8, must be sdbmrtted In orderfor the applicalion package to be s,ernples hems (a) — (1) are arways applicable to any mapr development zppl cafioh. Please consult fhe app catgd Rlafru0*on booklet on how fo ptopsny prepate the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn 16 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. o. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. s, v Name IA.t� �,[w O I I A k Phone No. Address G.ys o _7�_��. �w� _ ri' l � . e Fq y Phdne No Name �Addtsss . 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, it applicable. 1. Wetland delineation, if 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 1-10j, '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. .tY�'f+w srin ,.arSrl RdWri[AAIeh to; Enterofl land I understand that any permit issued in response to this application will allow only the development oescrmeo In ure appucaeun. 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 stale 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 t • t t e information provided in this application Is truthful to the best of y knowledge. Date / Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development PDCM MP-4 Structures Information OCT O l 2019 I)CM WILMINGTON, NC 252-BO8-2808 .. 1.838-4RCOAST . www.nccoaslalmanayement.net Form DCM; Mr-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this forni Joint Application for CAMA Major.Permit; Form DOM MP-1. Be sure to ampleto all other sections of the Joint' Application that eelateto his proposed project. "Please include all supplemental information. Describe below ths'purpose of proposed excavation and/or fill activities. All values should bei given In feet. Access Other Channel (NLW or Canal Boat Boat Ramp Rock.(iiofn Rock Breakwater (excluding shoreillne NWh statillization Length Width Avg..Existing Depth' Fina[Project Depth a. cubic yards.' excavated. c. @ Does the area'to be excavated include coastalwetlinds/marih _ d. High ground excavation In cubic }rents. (OW), submerged aquatic vegetation (SAV) shall bottom,(S13), brother Wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SE3 _ ❑WL ❑None (if) Descntie the purpose of the excavation In these areas: ' a, Location of dlspo,Sal area. U. uonensiuns ormsposai area. G. (1) Do you claim title: to:disposal area? d.,t (I) WIII a disposalarea be available for future maintenance? []Yes❑No ❑NA OYes ❑No ❑NA' (li) If no, attach a letter granting permission from the owner. (11) It yes, where? e. (1) Does the disposal area Include any coastal Wetlands/marsh, f. C7 Does the disposalinclude any area in the water? (OW) submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes [JNo' []NA or other wetlands (WL)? If any boxes. are checked, provide the 01)11 yes how much water area leaffected? number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL -❑None— — - (If).Describe the purposeof disposal in these areas: RECEIVED DEC 5 2019 252-808.2808 :: 11-8884RCOAST :: wwwnccoastalrnananement.net MP SECTION M@Na-1212gi Form DCM MP-2 (Excavation and Fill, Page 2 of 2) _ Width: c. Average distance waterward o NHW rNWL d. Maximum distance waterward NHW rNWL: 1 e. Type of stabilization material: f.4�222y I bulk-kra6 g. Number of square feet of fill toobbe placed below water level. Bulkhead backfill 4 005r� ltsr niprap Breakwater/Sill other I. Source of fill material. (i) Has there been shoreline erosion during preceding 12" months? t OVes []No ❑NA (II) If yes, state amount of erosion and source of erosion amount information. 4 , u IAs /(tea It Type of N materel. / SANG "S.r.:. • - .n r p. :+vd 4Y. sK : i. .ry e, xat. 3G,r.. ..�;.: T�4, a. (i) Will fill material be brought to the site? � as []No ❑NA b. (1) WIII fill material be placed In coastal wetlancis/mersh (CM, If yes, (II) Amount of material to be placed in the water (ill) Dimensions of fill area ?x 55x 7 (iv) Purpose of fill VAc L-F it bulk -head suwnergeu ayuaw vegemuwi tonvf, enen wean tool, m other wetlands MQ? If any boxes are checked, provide the num ber of square feet affected. 36W L3k ❑SAV _ ❑SB ❑WL _ ❑None (if) Describe the purpose of the fill in these areas! IoacicY; /� �ou��c.ltea0� a. How will excavated or rill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? I�/o���� (7��r a/ buIl�Gtrap,/ 3a�l�.lnd4 o. p) WIII nav]llonal aids be required as a result of the project? ❑Yee ❑NA (II) If yes, explain what type and how they will be Implemented. d. (1) WIII wetlands be crossed in transporting equipment to project sae? []Yes 01410 []NA (ii) If yes, explain steps that will betaken to avoid or minimize environmental impacts. DCM WILMINGTON, NC 252-808-2808 n 1-888-4RCOAST :: www nccosatdmanaaement.nat revised: 12126/06 jexey Nar-;Ha-a ' dpat ,., N� 4r f �1 11« ?, lia P S1Y J �LYNi..tJ000F �I,J{'. f2, U 2 1 `,�j er / A' 4 Wa 11 M-}w rY[, tJ Scr�J3Fr'� fr- - �je:.'y /-J�rlI /J o.J ►o scale --42 2 I.e. e f lIAM. �iO.J .� FL Scc le 75. -, 1 6nJw "iSI-I 2 Bodnar, Gregg From: Jimmy North <jimmymnorth@gmail.com> Sent: Tuesday, December 3, 2019 6:15 PM To: Bodnar, Gregg Subject: (External] Re: CAMA application for Terry Hamilton Gregg, Please put the permit on applicant hold. I have talked to the Wilmington city zoning officials and am trying to figure out my options. The permit is for Terry Hamilton. Thanks, Jimmy North On Mon, Dec 2, 2019 at 1:06 PM Bodnar, Gregg <greaa.bodnar@ncdenr.¢ov> wrote: Afternoon Mr. North, I just wanted to follow up any status update to the City's comments with their ordinances. To date I am just waiting on DWR comments. At that point with the objection from the City and all comments in I would be moving towards a denial due to the need for local government compliance. Please let me know if you would like to place the project on applicant hold while you work out the City's issues. Thanks, Gregg ig; D�EQ�I U'l / Greve Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) G regg.Bodnar0ncdencgov Email correspondence to and from this address is subject to the North Carolina Public Records Law and maybe disclosed to third parties. Z,470 ,ail �G �(J- Pa K 46", ,,, ( 70 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Terry Hanulton PROJECT NAME: Handlion Bulkhead COUNTY: New Hanover LOCATION OF PROJECT: 6454 Shinnwood Rd., Adj to Masonboro Sound, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-1-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Amico� DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: 1 Y I V '& B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D:11-3-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 12-15-19 ZIP{ )o HOLDS:���I1 6 MAIL OUTDATE:10-31-19 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $400 (60/40)#22996 END OF NOTICE DATE: 11-24-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 11-24-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep la ($ r Local Permit Officer DCM t t �( !� �/io..ssIIf ►�� (' l �K DCM—LUP Consistency Determination Rural Development Division ,LT (jII DEMLR — Stormwater & Sed/Erosion DWR — 401 t �io 2c;l rl —(TL DOA — State Property Office t Zv l i DMF— ShellfishSection 't'S((9 x NCDOT DMF — Habitat & Enhancement DWR—Public Water Supply USACE— Regulatory �uILL�iq Zo( -cq 3C DNCR — Archives & History t 2, �l DNCR — Natural Heritage Program WRC— WildlifeResourcesCommission li�l4 �4 1, RECOMMENDATIONS FOR Terry Hamilton 10/18/2019 It is the staffs recommendation that the construction of the new bulkhead 2' waterward of the existing bulkhead, resulting in the fill of 130 SF of Coastal Wetlands, is potentially CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (7) (D)(ii) Use Standardsfor Bulkheads and Shore Stabilization Measures. in the absence of any concerns from the commenting agencies, it is recommended that a permit be issued, provided that the proposed bulkhead steps out in front of the existing bulkhead only what is necessary for the construction of a vinyl bulkhead and associated tie back system. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for bulkheads. ROY COOPER fiinc•ruar 0 MICHAEL S. REGAN. SV• Ayarn BRAXTON DAVIS NORTH CAROLINA llnerfnq I Nixiin, nl r',xtnal r.rn•u•onrnerunl(ivahn- - .+larm„amen October 31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator RECEIVED NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 JAN Z 1 ZOZO Fax: 252-247-3330 (Courier 11-12-09) greoa bodnerANCDENR.00v SUBJECT: CAMA/Dredge and Fill Application Review MP SECTION M D Applicant: , Terry Hamilton Project Location: 6454 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct new bulkhead 2' waterward of existing bulkhead Please indicate below your agency's position or viewpoint on the ro osed ro'ect and return this form to Gresm Bodnar at the address above by = If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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. iCuL Vi�J This agency approves of the project only if the recommended changes are incorporated. See attached. a c r rea rl l) 3q ARM= i-i-2o e tame N nt7rtco yV q State of North Carolina I Environmental Qoality I Coastal fAAruge� 127 Cardinal Drive Ext., Wilmington, NC28405 919 796 7215 ROY COOPER 4nePenna MICHAEL S. REGAN BRAXTON DAVIS NORTH CAROLINA Ductlnq DnZclnn m I "'awal hlmirurnnen67f fhnJin' :4amn.Hrmrm October 31, 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. bodnarCa)NC DEN R.aov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Terry Hamilton Project Location: 6454 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington New Hanover County Proposed Project: Proposal to construct new bulkhead 2' waterward of existing bulkhead Please indicate below your agency's position or viewpoint on tha eropoSed ro'ect and return this form to Greqq Bodnar at the address above by jVoVember 24` 2019 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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. v_/ This agency objects to the project for reasons describ d in the attac ed comments. C.�c�CP,du�-��n RECEIVED �RINTN�YITA� YI/�i� �(,�7{n r U>M State of Noah Carolina I Em$on annual Quality I Coastal Management 127 Cardinal Drive Est., W it nin(,4on, NC 28405 919 796 7215 NOV 4. 2019 IVIP SECTION WD NORTH CAROLINA. !'brit'nnfnoolul (Inahll October 31, 2010 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) areoc. bodnarCa)NCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review ROY COOPER Gm'emtir MICHAEL S. REGAN BRAXTON DAVIS 111mcum 11,14on rfcouvml Alaxngemmnr :Applicants TerryHamilton Project Location: 6454 Shinnwood Rd., adjacent to Masonboro Sound in :IMlmington, New Hanover County Proposed Project: Proposal to construct new bulkhead 2' waterward of existing bulkhead Please indicate below your agency's position or viewpoint on the,proposed project'and returmthis form to Gregg Bodnar at the address above by'November 24,2019 If you have any questions regarding the proposed project, contact Patrick Amico at, (910) 796-7423 when appropriate, in-depth comments with, supporting data is requested. , REPLY: - This agency has no objection to the project as proposed. "Additional commentsmay, 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;project4orreasons:described in; the.attached,comments. InI PRI_MTNAME U�( V VY>y coea-T' AGENCY 0cp 7 61 A, SIGNATURE DATE 4 RECEIVED NOV 5 2019 KIP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 J ROY COOPER Governor MICHAEL S. REGAN Sea ernry STEPHEN W.MURPHEY nrr: � mr MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, NCDMF Fisheries Resource Specialist SUBJECT: Hamilton Bulkhead Project DATE: November 4, 2019 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The project is located on 6454 Shinnwood Road, Wilmington. The applicant is proposing to replace an existing bulkhead 2 feet waterward of the existing alignment and backfill the area with clean earthen soil. The project is in PNA designated waters classified as SA -high quality waters (HWQ). PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront. Coastal wetlands are considered among the most productive ecosystems in the world. Coastal wetlands are a productive detritus -based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. While the NCMDF would not object to the proposed project, the Division would suggest that if possible, the new bulkhead should be relocated as close to the existing bulkhead alignment as possible as to reduce the square footage of proposed coastal wetland fill. Additionally, maintaining as close of an alignment to the connecting neighboring bulkheads could reduce any future erosion or accretion concerns associated with non -uniform bulkhead alignment. Furthermore, if any shellfish resource exists within the proposed fill area, the NCDMF would request that all oysters be relocated outside of the proposed fill area to within the vicinity of the project area. Contact Curt Weychert at (252) 808-8050 or trt chertCelncdenr gov with further questions or concerns. RECEIVED NOV 5 2019 -'!'Nothing Compares - . State of North Carolina I Division of Marine Fisheries ,IIP SECTION hlll-II] 3441 Arendell Street l P.O. Box 7691 Morehead City. North Carolina 28 252-726-7021 NOR FH CAROLINA Lmiroranerrnal Oaalitp October 31, 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(a)NCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Terry Hamilton ROY COOPER l;orernnr MICHAEL S. REGAN secrom,y BRAXTON DAVIS pireoav, llirisinn gjOmstu7 Mnnagnmuw Project Location: 6454 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct new bulkhead 2' waterward of existing bulkhead Please indicate below your agency's position or viewpoint on the proposed pl�ect and return this form to Gregg Bodnar at the address above by'Ko: ember 24, 2019 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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. P-Rifft-NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation RECEIVE® SIGNATURE for Shannon Jenkins NOV 1 2 2019 9TE; 11/05/2019 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 .� '. ROY COOPER y � � Gorenig,; MICHAEL S. REGAN' ... Seml,??y ERAXTON DAVIS NORT1 I CAn,CLIN-- Dveaur, Dina( ofCoangf October 31, 2019 .MEMORANDUM: FROM: Gregg. Bodnar; Assistant Major Permits -Coordinator NCDEQ Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557' Fax: 252447-3330 (Courier 11-12-09). gregg.bodnar(a)NCDENR.gov SUBJECT: LAMA,/Dredge and Fill Application Review Applicant: Terry'Hamilton Project. Location: 6454 Shinnwood Rd., adjacent to Masonboro>Sound imWilmington; New Hanover County Proposed Project: Proposal to construct new bulkhead 2' waterward of existing bulkhead 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 November 24, v2619. If you have any questions regarding the proposed, project, contact Patrick Amico at (910) 796 7423 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 1 A `k -? P_ (t A % 2 ✓' AGENCY. fit/ C �/ �i� 1L e) .i /k?/n CV CP- SIGNATURE DATE l l / f 3 / 11 Slate of North Carolina I Eumonmcntal Quality I Coastal Management 127 Cardinal Drnr Est., Wilmington. NC 28405 919 796 7215 RECEIVED NOV 1 3 2019 WiP SECTION MHD NORTH CAROUNA Environmental Quality October 31, 2019 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areoo. bodnar(a)NCDENR.aov SUBJECT: CAMA /Dredge and Fill Application Review ROY COOPER Omvnmr MICHAEL S. REGAN Secreravy BRAXTON DAVIS Diweam Division ofComtu! dlnnagenmm Applicant: Terry Hamilton Project Location: 6454 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct new bulkhead 2' waterward of existing bulkhead 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 November 24, 2 119 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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 RECEWED AGEN 1CY1CY DEMLR NOV 1 8 2019 SIGNATURE zo id-Jmn. PAP SECTION EOHD DATE Nov 15, 2019 State or North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02130 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Terry Hamilton Address: 2216 Mercantile Drive Leland NC, 28451 Telephone Number: (239) 223-1722 Size (acres) 0.98 Nearest Town Wilmington Nearest Waterway Onslow Bay River Basin Onslow Bay USGS 14UC 03020302 Coordinates Latitude: 34.194072 Longitude:-77.8287 Location description: The project site is located in waters of Shinn Creek, adjacent to the AIW W, at 6454 Shinnwood Road in Wilmington, New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes construction activities associated with the installation of a new bulkhead immediately waterward of an existing, failing bulkhead. Permanent impacts total 130 square feet of wetland and 20 square feet of open water to be filled. 2019-02130 Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated October 1, 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 terns 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 Morehead City, NC, at (252) 808-2808. 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 910-2514707 or Gregory.E.Currevna usace.army.mil. RECEIVED Corps Regulatory Official: Date: November 22.2019 Expiration Date of Verifrc on: 'fda6t 18 2022 NOV 2 7 2019 h.1P SECTION PAHE 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: N/A. An approved JD has not been completed. C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by�p p® It is not necessary to submit an RFA form to the Division Office if you do not object to the dete i� correspondence. NOV 2 2 2019 Mnr SECTION MMD Corps Regulatory Official: jj ! � C -: y reg Currey Date of JD: N/A 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 httv://corosmgpu.usace.army.mil/cm apex/Py=136:4:0. Copy furnished: Jimmy North Patrick Amico, NC DCM RE- CEIt Y ED NOV 2 2 2019 PAP SECTION MHD Action ID Number: SAW-2019-02130 ICounty: New Hanover County Permittee: Terry Hamilton Project Name: Terry Hamilton 6454 Shinnwood Road, Wilmington Date Verification Issued: November 20, 2019 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey 69 Darlington Avenue Wilmington, North Carolina 28403 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 NOV 2 2 2019 MP SECTION hi HD OTI� MCAT ON OF ADIVIIN STRAT EAL O TIONS AND P OCESS AND REQUEST OR APP AL Applicant: Terry Hamilton File Number: SAW-2019-02130 Date: November 20, 2019 Attached is: ' See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E "SECTiI©N I -The followin tdenfifies" our �i hts and o irons re ardin ian admin'tstratiye a eal oeabove deci'sion., B Y ,erg P g g �A PP or Additional info ation may be found at htto //www usace.army.mil/Missions/CivtlWorks/RegulatoryProeramandP.ermits.aspx Co s.re ulations at 33 GFR Part33 ... .+, ,, A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division erI 3hiFfo � _ received by n" the division engineer within 60 days of the date of this notice. NOV 2 2 2019 MP SECTIOtH MAD E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Philip Shannin, Administrative Appeal Review Officer Attn: Gregory Currey CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room I0M15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of anv site investigation. and will have the opportunity to participate in all site investigations. Date: or For appeals on Initial Proffered Permits send this form to: number: District Engineer, Wilmington Regulatory Division, Attn: Gregory Currey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED NOV 2 2 2019 WIP SECTION FOND w -Zr'ti NORTH CARO,+L�INA !'JrveriLrrppR/ol }rliolllFp .Ctober 31, 2019 MEMORANDUM: FROM: SUBJECT: Applicant: P.roji ct1bdaition: Proposed Project:. 'ROYCOOPER GlAe vor MICHAEL S. REQAN V<mfll' i3RAXTON DAVIS. f)frer±ur, f)±vrslgn nfCnpl'lu! hfanu�unuu Gregg Bodna[,%Assistant Major Permits.Coordinator NCDEQ - Division. of. Coastal Management 400parnmerce Avenue;. Morehead City, NC 28557 Fax 252-24773330'1(Courier ,l 1-12-U9) oreoo. bodnarrDNC6 EN R.aov1 CAMA /Dredge:and'Fill Application Review Terry Hamilton 6454"Sliinnwdod Rd., adjacent to Masonboro Sound_ in Wilmington, New Hanover'County Proposal, to.construct newbulkhead Zmaterivard of existing bulkhead Pleaseindicate' below your'agency's. position or viewpointomthe propose t,and' retorn.this. torm'to Grerra Bodnar at the address�above by, jllovember.24, 20,197 .If you have anyiquestions re.garding,the proposed project;,contact P.atrick'Amico at (9.10) 796-7423 when appropriate, in-depth,comments,with supppging data,is,requested. 'REPLY: This agencyhas no objection, to the .project as.proposed. "Additional.comments may be attached" This agency has norcommenhonatie 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 tha.attached'comments. RINT,NAM W 6_n cf � MI, Qr d SIGNATURE LJGW� Q IU&"00 AT It -)L-b ab► q NOV 2 6 2019 MP SECTION MHD Smle ofNort4 Cmolim I En*onmetal Quality 1,004ktal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Terry Hamilton, Wilmington Date: November 25, 2019 Consistency Determination: This,project appears to be consistent with the 2006 Wilmington -New Hanover County Joirif Land Use Plan. The applicant proposes to construct a new bulkhead 2' waterward of the existing bulkhead. The project is located at 6454 Shinnwood Road, adjacent to Masonboro Sound in Wilmington. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, PTS, CS, EW, and PTA. Waters at the project site are classified as SA-HQW and are 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 Resource Protection 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. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File RECEIVED NOV 2 5 2019 MP SECTION MHD Gf NORTH CAhCUOA octobe-r-31, 2019 MEMORANDUM:' FROW Gregg Bodr, ar, Assistant Ma_ Permits Coordinator NCDEQ - Di tision of Coastal Management 40Q CommeceAvenue, Morehead City, NC 28557 -F 252m247-W30 (Courier 11-1249)- areas 6odhaVO-NCIDENR.-gov I SUBJECT: CAMA /p*ge and Fill ApplicallonReview ApplicantTerry Hamil I ton RQY COOPER bol'rtMllr MI(HAEL S. REGAN' &mtaq BRAXTON DAVIS J),,,,cfar, Dwimmiqf Coaxia/ Alaw-9men? Project'Location:l 6454-Shinnv�ood Rd., adjacent to Masonboro..SoundWi Iffil"ingt0p, New Hanov�r'county I Oroposedl]Pro'ject: Proposal to,&onstructnew,601khead 2a,*ate of existing bulkhead 'b§itiopL or viewpoint on the proposed project and returarthisoth Please.ind,icate below,your rm to Gr qq Bodnaritagency.S position' address vernber24. 2019.1, lf'yo you above v6,-- have any questions regarding the proposed project, contact Patrick Amico at (9.10) 796-7423 When appropriate, commepi�"with supporting data is.requested� MP06 This,agencylhas no objection to the project as proposed. *"Additional . opal Commentsmaybe attached.— This.agency has no commertton the proposed Project-. This agencylapproves of the project onlyff the recommended changes are incorporhted.:See attached. This agency objects to the project for reasons described in the.attached comments. AGENCY RECETYIED SIGNATUREDEC 2 2019 DATE NIP SECTION MHD I E-41pp-v-w 'qity id—tal M—gqmcnt, Driv6Ei , Wilmington, NC 28405 '919.-79672151 -c", RPLN , MEMORAND 'FROM: SUBJECT:; Applicant Proposal( KProJ6- , ct 91201-19- State H ikQTIFirmspTY460 R "MIC HA EL, 5,j-1k9qANi, ,BR,AXT,QN:0A-vJS Mk:l - 4 3256. Gregg Bodnar, Mal& Poiffift Cd6rdffiator NCDEQ- ,�Diyisioripf CoZA fManogenia n- 00 ,Fak:252-2473330,(C6utiet,11;1240q) - greca ta` j 7*,Aimilionn New Hanover 4 8!16v. erp t16donswdtp.ewBulkhead 2, . wat?Tardof, eqsAhq.btjlkhead' REPLY_ 7his agency has no o§jeqUo'n-to,the project This-6 en'c-y has proposed'*ied, 'this agency, approves of the project onlylkhexecornmerjddd changes ,are lrfc"orp oiated.-See attached., 'This aqincy,6bj tq,the;�roj'ectf6rr6ii.o-d�i-d6s6Nb�inihe' acfi6d!c6mm6nis,. - . I - , '.:.- --;- I '. ja.6, .--17 . I , - keneeGled illr Ea `State Historic Presf,-rveiti6n,.0ffiq6. t� CGCAtU VE RECEIVED DEC 4 2019 MP SECTION MHD 127"indDavy ZdWi"9W-Nt!204QY 919796721$, NO - h DocuSigrf Envelope ID: DABFD63A-5703-4FBF-9DD9-F96CF82C48F' ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality December 20, 2019 New Hanover County DWR Project: 2019-1515 Terry Hamilton 2216 Mercantile Drive Leland, NC 28451 Subject Property: 6454 Shinnwood Road - Wilmington Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hamilton, You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 0.002 acres of 404 wetlands and approximately 20 square feet of open water to construct a new bulkhead as described in the application received by the N.C. Division of Water Resources (DWR) on October 31, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC4175). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 3D7902� North Carolina Department of Environmental (btality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope to: DABF063A-5703-4FBF-9DD9-F96CF82C48F3 Page 2 New Hanover County 2019-1515 The Additional Conditions of the Certification are: This approval is for the.purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent, and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910-796-7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms 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 a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 021-1.0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/pemrittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements �13=134 Envelope ID: DABFD63A-5703-4FBF-9DD9-F96CF82C48F3 Page 3 New Hanover County 2019-1515 of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon 'or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910-796-7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: htty://oortal.ncdenr.org/web/wo/swp/ws/401 /certsanduermits/annly/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 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 DocuSign Envelope ID: DABFD63A-5703-4FBF-gDD9-Fg6CF82C48F3 Page 4 New Hanover County 2019-1515 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition maybe 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: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending 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 of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Cobumna,ncdenr.eov. Sincerely, DoeuSiOnaE by. E3ABA'14AC7DC434_. Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4175 Cc: Jimmy North — (via email) Jordan Jessop — Wilmington Field Office, USACE (via email) DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Terry Hamilton 2. LOCATION OF PROJECT SITE: Site is located at 6454 Shinnwood Road adjacent to Masonboro Sound, Wilmington New Hanover County. Lat:34°11'37.53"N Long:77'49'40.32"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/4/2019 Was Applicant Present— No S. PROCESSING PROCEDURE: Application Received—10/1/2019 (complete) Office— Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PTA, EW, CW, PTS, CS (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single-family residence, private docking facility and timber bulkhead Planned- construct new bulkhead (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 130 SF 20 SF (B) Non -Vegetated Wetlands (Open Water) 1,500 ft' (C) Other- Highground disturbance (disturbed) (D) Total Area Disturbed:1,650 ft'(0.04 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA-HQW Open: No B. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead 2' waterward of the existing bulkhead. Terry Hamilton Page 2 9. PROJECT DESCRIPTION The project site is located at 6454 Shinnwood Road, adjacent to Masonboro Sound, in New Hanover County. To locate the property of interest, travel southeast on Eastwood Road. Turn right onto Military Cutoff Road and travel approximately 1.3 miles and turn left onto Greenville Loop Road. Travel 0.8 miles and turn left onto Shinnwood Road. Travel 0.8 miles until you reach the property of interest located on the left side of the road. The project site is approximately 0.98 acres in size and has an average elevation of approximately 5' above Normal High Water (NHW) and is vegetated with maintained lawn grass and ornamental landscaping. The project site has approximately 75 LF of shoreline frontage along a manmade channel off the Atlantic Intracoastal Water Way (AIWW), and the shoreline is currently stabilized by a timber bulkhead. NHW meets the existing bulkhead and there is a swath of Coastal Wetlands consisting of Saltmarsh Cordgrass (Spartina alterniflora) measuring approximately 3 LF in width immediately waterward of the bulkhead. The currently existing wall is beginning to fall and lean forward towards the water. Extending in a easterly direction from the timber bulkhead Is an existing private docking facility, which consists of a ramp leading to an approximately 42 LF by 8 LF floating dock a which runs parallel to the shoreline. At the southern terminus of the float, there is a floating jet ski dock measuring approximately 6 LF by 13 LF. From review of aerial photography, the facility appears to have been originally constructed sometime between 1993 and 1998, and no permit history could be located for either the pier or bulkhead. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-HQW by the Division of Water Resources. They ARE designated as a Primary Nursery Area (PNA) and coastal waters, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a new bulkhead 2' waterward of the existing bulkhead. The new 75' vinyl bulkhead would be positioned 2' waterward of the existing bulkhead alignment which would result in the filling of approximately 130 SF of Coastal Wetlands primarily consisting of Smooth cordgrass (Spartinaolternifforo). The application states that the existing bulkhead is beginning to fail replacement of the wall on the waterward side would prevent fill from collapsing into the wetlands. Approximately 600 SF of clean sand fill from an upland source would be placed behind the new bulkhead as backfill. 10. ANTICIPATED IMPACTS The new structures would incorporate approximately 150 SF of Estuarine Waters and Public Trust Area and fill 130 SF of Coastal Wetlands, which is also Estuarine Waters and Public Trust Area. Minor increases in turbidity should be expected during the construction. The backfill and installation of the project would result in the disturbance of 1500 SF of high ground. Submitted by: Patrick Amico Date: October 18, 2019 Office: Wilmington r r y N ev"' . l"k .., 4 NNl-J LG l I� ('A . 1.) "C' �.) ,, S - S:. !''• Ar° Fs�.' LJ (! IIG 1, •i 6-/ttl ; N t•..� '�'- �?T`-�",i iJ Ile- It GJ rk � 1 1 S :J'•I !]y�t f w, j r'��U �1' l�r r I ('i /U t 1 ! e? �! ram% "?�'3 .' : r`„^fi' . `rv.?C> '�P c'�1 G��C`i F•: C.J f-'cpL'� fi�l C��l c'If..7.( t,.i A!//. In f: 17'lr r`!C r:(. I�?.11 ILA %.ti-.(' 1:�'.-}'rl`.�: f t• 1 i 1 I/�� .L ie.. YXtSr/!�?C) khtl(<.(irrecl 11 C:.I14pstr_'J C-3 l'rc clt.•.:;� ( o c, ,t7 G ( ,'.3 e y /ar ,%/s DECEIVED OCT 01 2019 DCM WILMINGTON, NC YlVIIIING,\-1b)i�, T DCM nlc, ........ ..�... �oyo s.... (, I 00, 1 .Y yQ0^ TAMMY THEUSCH New Hanover County t BEASLEY 0 Register of Deeds Register of Deeds i 216 NORTH SECOND STREET • WILMINGTION, NORTH CAROLINA 28401 %0 I"„^ Telephone 910-798-4530 • Fax 910-798-7751 4 :s•5rt Hi#fy;aHf H;aaHa#f;i;H;af#;f;;;;#f;;af H;#tfHNaiH;HHHi#f;HHHHHfaa#iff; Hi Ha#Hff;i;if a;if aRf State of North Carolina, County of NEW HANOVER Filed For Registration: 08/10/2015 02:43:24 PM Book: RB 5910 Page: 940-943 Document No: 2015024337 4 PGS $5,666.00 Real Property $26.00 Excise Tax $5,640.00 Recorder: CAROLYN JOHNSON f f;k;1H;tIH;i1HHHHf♦f;s;;;f fi #;NN;1f a;f Hf HHHaf Ni#f1;#;faff t;;ff;t;HhHf f;Hf;;tHHHt;fif;;;f 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 OC T 01 '10I9 DCM WILMINGTON, NG �1\p k IT BK: RB 6910 AIIInI�Y�I�III�YII��� PG:940-943 2015024337 RECORDED NC FEE SYO.00 08-10-2015 NEW HANOVER COUNTY, NC STATE OF NC 02:43:24 PM TAMMY THEUSCH BEASLEY REAL ESTATE SY.CAROLYNJOHNSON REGISTEROFDEEDS E%TXS5840DD DERITY NORTH CAROLINA GENERAL WARRANTY DEED NO TITLE EXAM PREPARED OR REQUESTED Excise Tax: f: 1� (04`).no Parcel Identifier No. R06620-001-027-000 Property Address: 6454 Shianwood Road Wilmington, NC 28409 Prepared By: Colby & Mincey, PLLC Return to: 1001 Military Cutoff Road Suite 204 Wilmington, NC 28405 Brief Description for the Index: metes & bounds THIS DEED made dtis 20th day of July 2015, by and between Gary Earl Jackson and wife, Paula M Jackson Mailing Address: 5804 Gardenia Lane Wilmington, NC 28409 Terry J Hamilton and wife, Jean A Hamilton Mailing Address: Z 2 Jig /✓Iwrran F%rr Qht7t. La 4W a/ NL ztVC1 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WrINESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Wilmington, Township, New Hanover County, North Carolina and more particularly described as follows SEE ATTACHED EXHIBIT A The property hereinabove described was acquired by Grantor by instrument recorded in Book 2339 page 816. A map showing the above described property is recorded in Plat Book, page. RECEIVED 00 01 2019 DCM WILMINGTON, NC TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will . warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and to the provisions of all applicable restrictive covenants and utility easements of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the (Entity Name) By. Tide: By. Tide: By: Title: 17 Gary ad Jack a This fterty is go O q Paula M Jacks, This property is w and year first above written. primary residence not _ my primary residence S at �AVItyU( County State of Wow° CRvit Cyt VA �a P BAT(+��4 I certify that the following person(s) personally appeared before me this day, each 40, aNOTA%, %2cknowledging to me that he or she voluntarily signed the foregoing document for the e My p S)urpose stated therein and in the capacity indicated: Gary Earl Jackson and Paula M s COMMISSION EXPIRES 0y nh/mts O Jackson PUBUG�{{ 5yn'�+�GWCOVCo�eo Dated S(I/l/�AA l 1►W/1 �'ratnnannaa` My commission expires: \1 1M Printed Name.4k#JAI"f11N ety Notary Public SEAL -STAMP County State of I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dated: My commission expires: Printed Name: Notary Public The foregoing Certificate(s) of is/ate certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the fast page hereof. Register of Deeds for County By Deputy/Assistant —Register of Deeds RECEIVED 0( i 0 1 ;'n1,. DCM WILMINGTON, NC EXHIBIT A Description of Property BEING all that certain tract or parcel of land located in the New Hanover County, North Carolina and being more particularly described as follows: All of that Tract 2 of Evans Property as shown on map recorded in Map Book 31 at Page 33 of the New Hanover County Registry and further described as follows: BEGINNING at the point of intersection of the centerline of a 20 foot access easement with the Western line of a 30 foot access easement, said point being located South 31 degrees 26 minutes 30 seconds West 90.0 feet and South 4 degrees 30 minutes East 18.02 feet as measured Southwardly along the Western line of the above mentioned 30 fool access easement from a point in the centerline and the Eastern end of Secondary Road #1513, said point in the Eastern end of Secondary Road #1513 also being the Southwest comer of Lot 2 of the Howard Penton Subdivision as shown on a map recorded in Book 362, Page 523 1/2 of the New Ilanover County Registry; running thence, from said Beginning point, with the centerline of a 20 foot access easement South 58 degrees 33 minutes 15 seconds East 21232 feet to a point at the Eastern end of the above mentioned 20 fool access easement; running thence, South 05 degrees 05 minutes West 37.09 feet to a point; running thence,'1SQdth'6,3 degrees 31 minutes East 286.97 feet to a point in the Western edge of Greenville Sound; running thence, with the Western edge of Greenville Sound South 14 degrees 22 minutes West 9.73 feet and South 5 degrees 41 minutes West 70.05 feet to a point in the Northern line of Section 1, Shinn Point as recorded in Map Book 18, Page 71 of the New Hanover County Registry; running thence with the northern lot line of the above mentioned Section 1, Shinn Point North 63 degrees 31 minutes West 287.39 feet to a point; thence, continuing with the Northern line of Section 1, Shinn Point North 58 degrees 51 minutes West 184.41 feet to a point; running thence, North 4 degrees 30 minutes West 131.67 feet to the point of Beginning, containing 0.9 acres more or less. Together with and subject to a 20 foot access easement and a 30 foot access casement as above described. RECEIVED )I I Q I pjl'f DCM WILMINGTON, NC o", `� ' U TAMMY THEUSCg r„yn '" BEASLEX Ne Register of Deeds W Hanover County R216NORTHSECOegister of Deeds STREET * MINGTION, NORTH CAROLINA 28401 Telephone 910-798-4530 •Fax 910-798-7751 a ffaafaa•aaaf aaaaaaaaaaa♦aaaaaa faaaaaas afaaaaaa aaaaf aaaaaaaaf of aa•aaaaaa aaafaaaa aaaaaa •aaaaaaaaaaaaaa as aaa aaa State of North Carolina, County of NEW HANOVER Filed For Registration: 08/10/2015 02:43:24 PM Book: RB 5910 Page: 940-943 Document No: 2015024337 4 PGS $5,666.00 Real Property $26.00 Excise Tax $5,640.00 Recorder: CAROLYN JOHNSON as aaaaf•f aaaar aaaaaa of aaf aaaaaa as aaaaaaaaaaaaaaaaa as aaa aaaaaaaaaaaaaaaa aaa aaa aayaaaaf eau •+aaaaaa as •♦aaa aaa• 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 DCM WILMINGTON, NC auus naru rage >e-a eCOpNiY.No¢ TAMMY THEUSCH iv 4 BEASLEY New Hanover County Register of Deeds Register of Deeds i ,z 216 NORTH SECOND STREET - WILMINGTION, NORTH CAROLINA 28401 Telephone 910-798-4530 - Fax 910-798.7751 IMF aafllf:effff a11f 11fffufaalaaufaa Rlaua1a441a Rffuaaalif fafafflRfl Raaafaf♦ff i4ff uaaara1f1f1f11f rfaaau4lRf State of North Carolina, County of HEW HANOVER Filed For Registration: 08/10/2015 02:43:24 PH Book: RB 5910 Page: 940-943 Document No: 2015024337 4 PGS $5,666.00 Real Property $26.00 Excise Tax $5,640.00 Recorder: CAROLNN JOHNSON ♦RRRHHfRHiHifiNMfifa Klff faN l4HHRkR H+H YMRHf1f H11ff11f faH 1NH1MHNfH 11HHRffif HIRMRMRa DO NOT REMOVE1 This certification short is a vital part of your recordod document. Please retain with original docmment and submit when re-recording. RECEIVED OCT 01 7019 DCM WILMINGTON, NC _ ZOOK 001V rnyu V%V BK: RB 5910 pIII�I���I�III��BBB� PG:940-943 2015024SST RECORDED NC FEE f2QG0 08-10-2015 NEW HANOVER COUNTY, NC STATE OF NC 02:43:24 PM TAWAY THEUSCH SEASLEY REAL ESTATE By CAROLYN JOHNSON REOISTER OF DEEOS EXTX Swa00 DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED NO TITLE EXAM PREPARED OR REQUESTED Excise Tax: $ 5641).OD Parcel Identifier No. R06620-001-027-000 Property Address: 6454 Shinnwood Road Wiltriington, NC 28409 Prepared By: Colby & Muicey, PLLC Return to: 1001 Military Cutoff Road Suite 204 Wilnngton, NC 28405 Brief Description for the Index: metes & bounds THIS DEED made this 20th day of)uly 2015, by and between Gary Earl Jackson and wife, Paula M Jackson Mailing Address: 5804 Gardenia Lane Wilmington, NC 28409 Terry J Hamilton and wife, Jean A Hamilton Mailing Address: 7--2I1b /✓!w'tanit Qhy Le &'01 .✓c_ zB1Fr/ The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Wilminn I 'Pownship, New Hanover County, North Carolina and more particularly described as follows SEE ATTACHED EXHIBIT A The property hereinabove described was acquired by Grantor by instrument tecorded in Book 2339 page 816. A map showing the above described property is recorded in Plat Book, page. RECEIVED 00 0 1 7019 DCM WILMINGTON, NC — I DUUE U v eay. oql TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and to the provisions of all applicable restrictive covenants and utility easements of record. IN V HPNESS WIIERLOF, the Grantor has duly executed the foregoing as of the d-f and year first above written. (Entity Name), LZ r (SEAL) �1 Gary atl Ja * t By; a This city is not my primary residence FC Title: O R r%✓t (SEAT.) By. W Paula M Jackso Title: L) T� properly is is not _ my primary residence E By P7 W rn Title: .7 (SEAT.) SE�,„faG Q1j�/ �i, AAFaytw County State of Now^ Csr;VOC1m "P BATCyn, I certify that the following person(s) personally appeared before me this day, each NOTAgy��Qacknowledging to me that he or she voluntarily signed the foregoing document for the Is My �= urpose stated therein and in the capacity indicated Gary Earl Jackson and Paula M COMMISSION EXPIRES Snitlaots O Jackson O 1, _ SEAL -STAMP County State of I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dated: My comnvssioh expires: Printed Name: , Notary Public The foregoing Certificate(s) of is/ate certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first oatre hereof. Register of Deeds for County Deputy/Assistant —Register of Deeds RECEIVED OC I it I v: DCM WILMINGTON, NC nci�n �ri� raye 'y' EXHI IT A Descriptlon of Property BEING all that certain tract or parcel of land located in the New Hanover County, North Carolina and being more particularly described as follows: All of that Tract 2 of Evans Property as shown on map recorded in Map Book 31 at Page 33 of the New Hanover County Registry and further described as follows: BEGINNING at the point of intersection of the centerline of a 20 foot access easement with the Western line of a 30 foot access easement, said point being located South 31 degrees 26 minutes 30 seconds West 90.0 feet and South 4 degrees 30 minutes East 18.02 feet as measured Southwardly along the Western line of the above mentioned 30 foot access easement from a point in the centerline and the Eastern end of Secondary Road #1513, said point in the Eastern end of Secondary Road #1513 also being the Southwest comer of Lot 2 of the ]Toward Penton Subdivision as shown on a map recorded in Book 362, Page 523 1/2 of the New Hanover County Registry; running thence, from said Beginning point, with the centerline of a 20 foot access easement South 58 degrees 33 minutes 15 seconds East 212.32 feet to a point at the Eastern end of the above mentioned 20 foot access easement; running thence, South 05 degrees 05 minutes West 37.09 feet to a point; running thence„'South' 63 degrees 31 minutes East 286.97 feet to a Point in the Western edge of Greenville Sound; running.theacc, with the Western edge of Greenville Sound South 14 degrees 22 minutes West 9.73 feet and South 5 degrees 41 minutes West 70.05 feet to a point in the Northern line of Section I, Shinn Point as recorded in Map Book 18, Page 71 of the New Hanover County Registry; running thence with the northern lot line of the above mentioned Section I, Shinn Point North 63 degrees 31 minutes West 287.39 feet to a point; thence, continuing with the Northern line of Section 1, Shirai Point North 58 degrees 51 minutes West 194.41 feet to a point; running thence, North 4 degrees 30 minutes West 131.67 feet to the point of Beginning, containing 0.9 acres more or less. Together with and subject to a 20 foot access easement and a 30 foot access casement as above described. RECEIVED Of 1 01 7919 UCM WILMINGTON, NC; a Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/11/2019 Coastal Marine Terry Hamilton Wells 22996 $400.00 major fee, 6454 Shinnwood Rd, CS rct. Piers Bulkheads LLC Fargo Bank Wilmington NHCo SPLIT 60/40 9175 NC Division of Coastal Management Major Permit Application Computer Shoat AEC: Fee: CDAITS_ MHCcc Applicant: @ 40 )l Agent/Contractor: : MN Project Site County: rf Stall: District: Wilmington Project Name: ` W. Rover File: n/a River Basin: Initial date of application submittal: /O / / /9 Date application 'received as complete" in the Field office: �0 Permit Authorization: g CAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes UNo I PNA: HYes No Photos Taken: Yes No Setback Required (riparian): []Yes SNo Critical Habitat: Yes JNNo LJNot Sure 15 foot waiver obtained: Yes EjNo Hazard Notification Returned: ❑Yes ❑No Np SAV: Yes EjNo Not Sure Shell Bottom: Yes No Not Temporary Impacts: 2Yes No Sure Sandbags: Yes EJNo Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ®Yes []No ❑Yes BNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yesyg(No ❑NA -7 S ❑Yes ❑No ❑NA FT. Shellfish Area Do alriation: Project Description: (code) Development Area: (code) Open -or- osed f 9- SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) 0 Nutrient Sensitive Waters (NSW) Swamp Waters (SW) LJ High Quality Waters (HQW) El Outstanding Resource Waters (ORW) WETLANDSIMPACTED Lj (404) Corp. of Engineers (Jurisdictlonal ❑ (LS) Sea lavender (Limonium sp.) Lj (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamalcense) (SA) Bait marsh cordgrass (Spartina El (SY) Salt reed grass (Spartina altemifiora) 13o S (-- cynosuroldes) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 Ll III(A) Private w/ D&F up to 1 acre; 3490 91 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 El Minor Modification to a CAMA Major Major Modification to a CAMA Major 0 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 w/ D&F to 1 El 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 andfor fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Date: 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 New Work Replace s L F Malnt ❑ ®Y ❑ N New Work ❑ Replace Melnt ❑ ❑ Y ❑ N New Work 0 Replace Meint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Malnt ❑ ❑ Y ❑ N New Work 0 Replace Malnt ❑ ❑ Y [:IN New Work Ll Replace Meint ❑ ❑ Y ❑ N New Work U Replace Malnt ❑ ❑ 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 tern Inn acts Im actamount) tamp Impacts) amount LW Dredge ❑ Fill ® Both ❑ Other ❑ 13o SF i 3o SF W ML Dredge ❑ FIII ['� Both ❑ Other K 02.0 5 I—i.o SF /� W6 1500 SP tSoo Sr Dredge ❑ FIII K[ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ 919.733-2293 :: 1.888.4RC0AST :: www.r cconstalmanagomont.ne; revised: 02126118 ROY COOPER Go.., �t MICHAEL S. REGAN ty Necremry BRAXTON DAVIS Direclor, Division rf( naslal Management October 31, 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) greQQ. bodnar(cD.NCDENR.gov SUBJECT CAMA/Dredge and Fill Application Review Applicant: Terry Hamilton Project Location: 6454 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover County Proposed Project: Proposal to construct new bulkhead 2' waterward of existing bulkhead Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by November 24, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Managemrnt 127 Cardinal Rive Ext., Wilmington, NC 29405 9197%7215 ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director Jimmy North 6314 Wrightsville Ave Wilmington, NC 28411 Dear Mr. North: NORTH CAROLINA Environmental Quality October 18, 2019 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Terry Hamilton, for State approval for development of the subject property located at 6454 Shinnwood Road, adjacent to Masonboro Sound, in Wilmington, in New Hanover County. It was received as complete on October 1, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 15, 2019. 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 October 1, 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 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,e Patrick Amico Field Representative cc: DCM USACE MHC Chad Coburn, DWR Linda Painter, LPO Terry Hamilton, Applicant D Q North Carolina Department of Envlronrnental Quality I 1)1vlslonof Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796 7215 NOTI(ol$170A LAMA PERMIT APPLIED FOR PROJECT: �: • �__ ` ill a a r _ s Mrs _ • County. on COMMENTS ACCEPTED THROUGH November 24; 2019 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Terre Hamilton 2216 C,�ercantile Drive 127 ��• a Coastal Management Leland, NC 28451 Cardinal [Jr. x . Wilmington, NC 28405 Patrick AGENT: Jimmy Forth (910) 231 - 8514 ROY COOPER Gmrmor MICHAEL S. REGAN SrIwl BRAXTON DAVIS l)im'lar, /Hvbtnn n/(oned Maayrmml October 30, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Terri Hamilton / New Hanover County • James & Andrea Johnston / New Hanover County • Caison's Creek HOA / Brunswick County Hello Angie: Please publish the attached Notice in the Sunday November 3, 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, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this (natter. If you should have any questions, please contact me at our Wilmington office. Pennitting Support & Customer Assistance cc: MHC Files Gregg Bodnar— WiRO/MHC USACE Slate ofNwh Caroline I Fnvironmentel Quality I Codaal Management 127 Cardinal Drive E.I., Wihniugton, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On October 1, 2019 Terry Hamilton proposed to construct a new bulkhead to replace existing at 6454 Shinnwood Rd, adjacent to Masonboro Soured, in Wilmington, New Hanover County, on October 3, 2019, James & Andrea Johnston proposed to replace an existing private docking facility at 604 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County, and on October 21, Tom Dixon & Clif Hearell of Caison Is Creek HOA proposed to reconstruct a pier and dockingfacflity with gazebo at Heroes Watch Dr. SW, adjacent to theAIWW, in Holden Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico (New Hanover County) or Brendan Brock (Brunswick County), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 for New Hanover County or (910) 796-7270for Brunswick County 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 November 24, 2019 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. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: z 4.r. r Mailing Address: 4* xo ion /I!C Phone Number: A3i - a23 ___- Email Address: I certify that I have authorized Q ^w Lt%r7 Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at ,m�1y property located at 6 ys" in/�iei) AAAo,),-&rCounty. .!5eA w ' �_—__-- I furthermore certify that / 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: L�t_J Nam_. Title � -t-1 Date 4164 This certification is valid throug r l_ e? I -249 AIS RECEIVED OCT 01 2019 DCM WILMINGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM Name of Property Owner: Address of Property: n1 G (Lot or Street #, Street or Road, City & County) nJ('. o Agent's Name #: 14 Mailing Address: 6-5/4 L. ):: � LY'S t % (lc der . Agent's phone#: oyo-.2.i/ !,'S/�/ /rrr��5% A-0 if .%-S'`/U3 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 p posing. A description or drawing with dimensions must be Provided with this letter. I have no objections to this proposal. I have objections to this proposal. N 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. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405.3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection If you have been notified by Certified Mall. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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. I do not wish to waive the 15' setback requirement. (Property Owner Infor tion) Sig7bture/ v Pn t or Type amge / /-✓/tfcIfYSu;(�r c�P. Mailing Address City/state2ip - 9/O —g ,� S/ Telephone Number 9h Date (Adjacent Property Owner Information) ZQ4 Stg r P� lera�;—Mxl4 Prin�ype Name Mailing Address City/state2ip r/j�P �y 3 -732,2 Telephone Number RECEIVED Date 0H p I )III9 Revised 611812012 DCM WILMINGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: r' : ri_-, �- n•,�, , f l , Address of Property: L, "V 1 ` ✓ (Lot or Street #, Street or Road, City & Courtly) I Agent's Name #: r^ J i.-t oK .; /\ (r•, Mailing Address: 6 Agent's phone#: ti/C i 5/'/ L �,.t'. •.`Y l '� ! 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 drawing,with dimensions must be provided with this letter. 1/ I 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. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin 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. I do not wish to waive the 15' setback requirement. (Property Owner Inform tion) (Ad' cent O ne' I r Cron) 1 SiV14ttuure : ' �. ! Signature r`J i.�1.Y �., •-I ' � �l r:� / �' cIJPEL �O �LnK Pn t or Type Name ' Print or Type Name G ��/�l � .. � �L.�/� , •: r/r i�: < �Y�o SN.,��,-,moo �� Mailing Address - Mailing Address /-1:l-i:.�:`/c',.; `/o3 4,ill4rf1� 70� /UG ZBy09 City/State/Lip CitylStatelZip 7/3-82,z--989/ Telephone Number Telephone Number RECEIVED i Date Dale 0 1 20111 Revised 6A 2012 I)CM Wit-MINGTON, NC rr IF m m m 0 0 0 CO 0 ru a a n- 0 r` IA.. n7.L Zirff i I p W W U W Postal iy i4 • Ir rr' Domestic a A L ul o MwMMF" $3.50 t OF m y Am IMR t•..�1w � ❑iMmrMuMlbwar+R t . ". t o Osawsys.•s.••.a t "• •r rin sPm•.nrukww..nt q N pm" $1.30 r9 9/1 019 Po•bW .60 t � Sl TO u r kit'. E3 gnr 96eiiriXTpY7G6:w�_L �.� �� ('�✓ i- - --- I;,.. ".P. 9Y°/d U z C m z LUCD o 0 ul c J z U O ■ Complete items 1, 2, and 3. IS Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, Or on the front if space permits. 1. Arfide Addse resd t¢ /jf B. Received by Gamer I C. Dalf 11 I f I t� D. Is delivery atldrass—ee���,(rpa�, Ve; V YES, er ,tl¢Itq �QO ft below: ❑ No _. , 14C IIIIIIIIII'IIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIII o�3greu�reRestrkatlDNNaY ow�eEMal esficeC 9590 9402 5070 9092 9219 81 0 C""'"d" DO"t ❑ C fled Mao Resbicted ON'rvaey ❑ Retum Recaps for ❑ Coll C n DNn/ery' Mml,an 7019 1120 0000 8359 4196 n Colbct on Delivery Restricted Delivery ❑ Signature ColKirmad — 1.red Mail ❑ Si9natve ConSmm — treated Mail Restrkted Delivery $5= Restricted Delivery is Fdnn 3811, July 2015 PSN 753602-0p6g053 Domestic Return Receipt Major Permit Fee Schedule Project Name: County: Check No & Amount aNil�-w BWawl, 0 ii� e t6o DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 101 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 $400 101 0% ($D) 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 concerns related to water quality or aquatic life: III(D). If General Water Quality 7400 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.