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HomeMy WebLinkAbout2-21MM Parker Real Property% Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concert pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Parker Real Property, LLC, PO Box 1765, Davidson, NC 28036 Permit Number 2-21 Authorizing development in Bnmswick County at adi to the AIWW, at 3217 Seacrest Ave SW in Supply , as requested in the pernittee's application dated 4/5/21, incl. att. workolan drawings (4). Sheets 1-3 of 4 dated 3/5/21, and Sheet 4 of 4 dated "received 11/19/21" This permit, issued oil March 7, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. I) Unless specifically altered herein, this Major Modification authorizes the excavation of an access channel and boat basin, all as expressly and specifically set forth fit the attached letter and workplan drawings. Any additional development activities may require a modification of this permit. Excavation 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheet for additional conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2025 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. / Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemtittee Parker Real Property, LLC ADDITIONAL CONDITIONS Permit No. 2-21 Page 2 of 3 4) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event follows the limits of the natural deep -water channel, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. Dredpe Material Disposal 6) No dredge material shall be placed within 30 feet of the normal high-water line. 7) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 8) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 9) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. .. i Parker Real Property, LLC ADDITIONAL CONDITIONS General Permit No. 2-21 Page 3 of 3 11) All debris associated with the removal or construction of the permitted docking facility be contained within the authorized project area and removed to an appropriate upland location. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Sedimentation and Erosion 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 15) This Major Modification shall be attached to the original Permit No. 2-21, which was issued to the permittee on 1/7/21, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 16) All conditions and stipulations of the active permit remain in force unless specifically altered herein. 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 Division of Water Resources assigned the proposed project DWR Project No. 20201555v2. NOTE: A major modification application processing fee of $400 was received by DCM for this project. DCM Coordinator: lwcA1 Permit #: 2 — 2I MOA MAILING DISTRIBUTION SHEET Agents: Jai... LGw.NnA(� DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington 4,y% (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) 4 Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental. Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program LPO: Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry-401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) I Rodney Butler (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Parker Real Property, LLC f MOD #2-211 COUNTY: Brunswick RECEIVED PROJECT NAME: 3217 Seacresl Ave SW N O V 3 0 2021 LOCATION OF PROJECT: 3217Seacresl Ave SW, adj. to mainland side ojA1WW, SaPP4 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-19-21 DCM-MHD CITY FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 12-5-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 2-2-22 HOLDS: MAIL OUT DATE: 11-30-21 .I..xTT VM[AI ArTVNJ• K-11F DENY FEE REC'D: $400 (6tV40)#1342 END OF NOTICE DATE: 12-26-21 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 12-26-21 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep DCM - LUP Consistency Determination Local Permit Officer ZZ Corps of Engineers - Regulatory Branch DWR-401 Section DWR - Public Water Supply — DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office 1 Z 3a k Wildlife Resources Commission DMF - Shellfish Section ID DMF - Habitat & Enhancement /► (I DNCR- Archives&History DNCR-Natural Heritage Program LCDOT Dept of Commerce 5 WI Recommendations for Maior Modification - 3217 Seacrest Mechanical Dredging The proposed excavation of an access channel and boat basin around an existing docking facility appears to be CONSISTENT with 15 NCAC 07H.0208 (b)(1) including confining all dredge spoils landward of regularly and irregularly flooded coastal wetlands, limiting the excavated channel to the minimum required to meet the applicant's needs, and excavating no deeper than the depth of connecting water. Based on this determination, it is recommended that a permit be issued. This office has no objections to the proposed project provided it is consistent with all other state and federal permitting requirements. Any permit issued should also include all applicable dredging conditions. RECEIVED NOV 3 0 ZOZt DCM-MHD CITY DCM Coordinator: Cam Luck Cc Gregg Bodnar County: Permit #: I (WIRO E-MAIL DISTRIBUTION SHEET Q� Circle o : Bio Repo ermit for: ' `a a I Y�yy ty �"eAA Oversize Plans sent: �� (7VO j ( Vjr w(J DCM Offices: Morehead City: PT (if oversize) via Courier N' 'cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet `MHC documents (Cam & Amanda) Wilmington: Original hard-copy—Z ONLY USACE 8 DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: er & Carteret Cc): PN, CL, Reports, Split Sheet _ use both ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ reg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: 04olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ 1 (PN/ON): PN, CL, Reports, Split Sheet ohn Perry on all (training) — 401: PN, CL, Reports, Split Sheet Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet ----- —--------------------- ------------ - ------------------------------------------------------------ Marine Fisheries: i Harding DCM PlannerlWiRO: �Mi a Christenbury _ Cultural Resources: /R se Gledhill -Earley Environmental. Review0mcdenrgov_ Natural Heritage Prog. Ro ney Butler DCA-Rural Eco. Dew: MAark Ziegler _ NC DOT: v6avid Harris Wildlife Resources: f0� is Dunn w/Reports State Property Office: Walton: DEED— e Moser _ da Hilliard, Real Property Agent (Bio Reports only) — Shellfish Sanitation:remy Humphrey (Bio) / _ ��hh�aron Gupton, Admin. DEMLR: tjnristine Hall - Stormwater Section a Sams -Land Quality Section Public Water Supply: eidi Cox City of Wilmington: Enforcement: Co. LPO Agent: Meld �,vuti ►titavtQw+✓ DISTRIBUTED: tl )1?10 RECEIVED NOV 3 0 Z021 DCM-MHD CITY n..d..b..� nnnn� rAAAAMhn„n mo,nm d..ne/n'A..n..n„ I snf ti ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAMS Director November 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12.09) cameron.luckONCDEN R.cov SUBJECT: CAMA /D & F Applicant: Parker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the AIWW in Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _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 Wanda Hilliard AGENCY SIGNATURE State Property Office RECEIVED DATE December 30, 2021 DE(; 8 Q 2021 SIP 81�-oTinN DOM = MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Ofnce 1127 Cardinal Drive Ex tension I Wilmington, North Carolina 28405 m.uy 910.796.7215 Roy Cooper, Governor TO: North Carolina Department of Administration State Property Office December 30, 2021 Cameron Luck, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 cameron.luck@NCDENR.gov FROM: Wanda Hilliard Real Property Agent Department of Administration Pamela B. Cashwell Secretary Tim Walton Director SUBJECT: Parker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the AIWW in Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. RECEIVED BE, 3 0.1011 MP SECTION DCM - MHO CITY State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699 984 236 0270 T1 Web: http://w .ncspo.com MEMORANDUM To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application (Major Mod), — Parker Real Property, LLC., Brunswick County Date: March 3, 2022 This project is consistent with the Brunswick County Land Use Plan Update. The applicant is proposing a Major Modification to State Permit #2-21 to excavate an access channel and boat basin at an existing docking facili[yon the mainland side of the AIWW in Supply, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine Waters and Public Trust Areas. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Brunswick County Land Use Plan and offer the following comments. The general area of the project is classified as Residential. In general, Brunswick County allows development in Residential classified AECs which is consistent with the State's minimum use standards. The'Brunswick County 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 is consistent with the Brunswick County Land Use Plan. Cc: File RECEIVED MAR 012022 MP SECTION DCM - MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(")a NCDENR.gov SUBJECT: CAMAID&F Applicant: Parker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the AIWW O Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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 Connie Marlowe AGENCY Brunswick County SIGNATURE DATE 02-Mar-22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Dimaor November 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(o)NCDENR.gov SUBJECT: CAMAID&F Applicant: IParker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the AIWW in Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address.above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE /'�ja for Shannon Jenkins DATE 12/10/2021 RECEIVED DEC 10 2021 MP SECTION DCM i CITY D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 26405 910.796.7215 ROY COOPER Governor ELIZABM S. BISER Secretory BRAXTON DAVIS Director November 30, 2021 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28657 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a7NCDENR eov SUBJECT: CAMAID &F Applicant: Parker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the Alwwin Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME_ 1 r! A If it AGENCY RPfi 0 Sf GDM M I-rCA SIGNATURE 01 ,, v i/_ `C R 7 DATE / , j 12-1 _Ie�—r RECEIVED DEC F3 1011 MP SECTION DCM - MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Received: 12/2/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality ER 20-2172 Due: 12/17/2021 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(cD NCDENR.gov SUBJECT: CAMA /D & F 12/9/2021 No comment —SBA Applicant: Parker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the Alwwin Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE DATE 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. Renee Gledhill -Earley Historic Preservation Office 12/14/2021 RECEIVED DEC 1.4 70?1 MP SECTION DCtA - MHD CITY North Carolina Department of Environmental Quality I Division of coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope ID: 01712CE3-1348-49CE-ACI3-CD92832595C8 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality January 28, 2022 DWR #i 20201555v2 Brunswick County Parker Real Property, LLC ATTN: John Tammaro P.O. Box 1765 Davidson, NC 28036 Email: John@simonini.com Subject: 'Approval of Individual 401 Water Quality Certification 3217 Sea Crest Avenue — Supply - AIW W USACE Action ID. No. SAW-2020-01743 Dear Mr. Tammaro: Attached hereto is a copy of Certification No. 004623 issued to Parker real Property, LLC and John Tammaro, dated January 28, 2022. This Certification replaces the Certification issued on December 15, 2020. This approval is for the purpose and design described in your application. The plan s and specifications for this project are incorporated by reference as part of this Water Quality 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 Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh. North Carciina 27699-1617 «nu u«n 919.707.9000 DocuSign Envelope ID: 01712CE3-1348A9CE-ACI3-CD92832595C8 Parker Real Property, LLC DWR# 20201555v2 Individual Certification #WQC004623 Page 2 of 6 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or hollev.snider@ncdenr.eov, if you have any questions or concerns. Sincerely, ecuSign�by- EDrDau 1,6419 Morelia Sanchez -King Regional Supervisor DWR Wilmington Regional Office cc: Greg Currey, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) DWR 401 & Buffer Permitting Branch Electronic file Filename: 20201555v2 Parker Real 3217 Sea Crest Ave IC BrunsCo Jan.22.docx DocuSign Envelope ID: 01712CE3-134849CE-ACI3-CD92832595C8 Parker Real Property, LLC DW R# 20201555v2 Individual Certification #WQC004623 Page 3 of 6 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004623 is issued in conformity with the requirements of Section 401, Public Laws 92- 500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 0213.0200, to Tom Chadwick, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 30, 2021, and by Public Notice issued by the Division of Coastal Management on December 2, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Open Waters Boat Basin 0.05 acres dredged N/A This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION 135A NCAC 02H .0507(c)]: 1. The authorized boat basin shall not be dredged beyond the authorized depth and width. The area shall not be dredged to a depth deeper than the receiving water. In this case a boat basin measuring 50 feet wide is authorized to a connecting water depth of -4 feet Mean Low Water adjacent to the existing docking facility. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) 2. All dredge and/or fill material shall be placed on high ground. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 3. Excavation shall not occur in Primary Nursery Areas. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 4. The Permittee shall adhere specially to i5A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. DocuSign Envelope ID: 01712CE3-1348-49CE-ACI3-CD92832595C8 Parker Real Property, LLC DWR# 20201555v2 Individual Certification #WQ0004623 Page 4 of 6 Citation: 15A NCAC 02B .0221 S. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 0214.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125 6. The effluent water from the dredge spoil shall not be released into open shellfish waters unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796- 7215) Regional Office, as applicable, are notified and provide approval prior to the release. Citation: 15A NCAC 02B .0221 7. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards (15A NCAC 02B .02001, including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) 9. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. DocuSign Envelope ID: 01712CE3-134849CE-ACI3-CD92832595C8 Parker Real Property, LLC DWR# 20201555v2 Individual Certification tlWQC004623 Page 5 of 6 For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS- II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 046.0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 10. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028 ,0231 11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c) 12. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200; 15A NCAC 02B .0231 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 14. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028.0200; 15A NCAC 02B .0231 DocuSign Envelope ID: 01712CE3-134849CE-AC13-CD92832595C8 Parker Real Property, LLC D W R# 20201555v2 Individual Certification #WQC004623 Page 6 of 6 15. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); i5A NCAC 02H .0507(c); 15A NCAC 02B .0231 16. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; anyspill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) 17. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) 18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. 115A NCAC 02H .0507(c)] This, the 28th day of January 2022 Morelia Sanchez -King Regional Supervisor DWR Wilmington Regional Office MSK/hs ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 30, 2021 NORTH CAROLINA Environmental Quality FROM:. Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 406 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.aov SUBJECT: CAMAID&F Applicant: Parker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the AIWW in Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X 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 Kimberlee Harding AGENCY SIGNATURE DATE NCDMF 02/09/2022 RECEIVED FEB 0 92022 MP SrECTION DCM - MHD CITY North Carolina Department of Environmental Quality 1 Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 upr.eauaorwmm� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. PAWLS Director MEMORANDUM: TO: Cameron Luck, Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: Parker Real Property, LLC- Major Modification to State Permit No. 2-21 DATE: February 9, 2022 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 applicant proposes a major modification to State Permit #2-21 that authorized an 8' x 12' floating dock, increasing the total slip count from two (2) to three (3). The proposed project is located at 3217 Seacrest Ave, on the mainland side of the AIWW, across from Holden Beach, Brunswick County. The waters of the canal system are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the July and September 2020 site visits, there appears to be NO Submerged Aquatic Vegetation (SA V) in the surrounding waters. The applicant proposes a major modification to State Permit #2-21 to excavate an access channel and boat basin at an existing docking facility adjacent to the AIWW in Supply, Brunswick County. The applicant is proposing to dredge to an approximate final depth of - 4.3ft. (-52in.) @NLW, resulting in the removal of approximately 133 cu. yds. of shallow bottom. Soft bottom areas store, supply, and recycle sand and sediment for other habitats. The sediment found in soft bottom habitats is constantly moving from one area to another and from one habitat to another. Intertidal flats and sand bars buffer wave energy, reducing shoreline erosion. In addition, soft bottom habitat provides an area for marine animals to burrow, forage and spawn. Soft bottom may change into another habitat type if submerged aquatic vegetation grows or if oysters settle there. Although soft bottom habitat is defined as "unvegetated" and lacks visible structural habitat, the surface sediments support an abundance of microscopic plants called benthic microalage and numerous burrow;; , animals are hidden below the surface. RECEJV Cv F.y 0 91011 MP SECTION State of North Carolina I Division of Marine Fisheries DCM - MHD CITY 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 Therefore, the Division recommends the applicant minimize impacts to important soft bottom habitat by decreaseing the dredge depth to -4.0' NLW. The existing -4.0' NLW contour occurs at an estimated 20' past the existing docking facility, and applicant has not demonstrated a purpose or need for a dredged channel any deeper. Contact Kimberlee Harding at or Kimberlee.Harding@ncdenr.gov with further questions or concerns. RECEIVED FFB 0 92022 MP SECTION DCM - MHD CITY State of North Cardin I DMslon of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carohn 28557 252-726-7021 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ -'Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 26557 Fax: 252-247-3330 (Courier 11-12-09) cameron luck(MNCDENR.oOV SUBJECT: CAMAID & F Applicant: Parker Real Property, LLC Project Location: 3217 Seacrest Ave SW, on the mainland side of the AIWW in Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data Is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" / this agency has no comment on the proposed project. V This agency approves of the project only if the recommended changes are incorporated. . -21A helM This agency objects to the project for reasons described in the attached comments. PRINT NAME_�cx�U AGENCY SIGNATURE_.— O�� g-ukssq('nS {ua Q Ae ii-l- as - rol TL4J DATE Z'13'2J2 North Carolina Department of Environmental Quality I Division of Coastal Management. _ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 f' R. f.� .wwww� 910.796.7215 Application Review Checklist nAU� ` Letter A 1 q 75 2 2 e� ���� Placard Comme ��,, � r 2 Applicant 'fGCIGK' l MiggiA tj ,��- Pub A S Comment 12 6 Computer I � A q Agent _� �n r` Ta.Mv�co ,_ Deficiency Letter? ►7 DWR,A,CKK DAate (� '_ t� p c� 2DWRStatements Physical Address J 2 I T,�6z Coc7� HYc S W riOlegy� uCA t, Field Rep. V AECs EW4 -fTw V Habitat C 105Cf Development Designations �O QS) Sjk Q j Buffer Riparian Notification? Green Card? Signed Form? / Obj Waive15' Fee Schedule 1��LV"�`Iiov� �( ✓ Water Dependent C��Sk X Deed? Raparian rights PH or From Property line 1/4 width? Nav/Channel Proximity Residential Commercial FT calculations 8ft' or 27fe N/A ISSUES OF NOTE 5„eety,1Vt, ( Ike-V 6.3) �) If XCa�t ACCcJJ Clnatrv� d' aJ 2X 1 IY!a+^ aco5uJ &ate wtd-y daw : 3i 46 -31 NLVj DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT MAJOR MODIFICATION REQUEST APPLICANT'S NAME: Parker Real Property LLC c/o John Tammaro PROJECT NAME: 3217 Seacrest Mechanical Dredging 2. LOCATION OF PROJECT SITE: Site is located at 3217 Seacrest Ave SW on the mainland side of the AIWW, across from Holden Beach, Brunswick County. Coordinates: Latitude N 33°54'49.77" Longitude W 78°20'31.32" 3. INVESTIGATION TYPE: CAMA/ D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11-3-2021 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 4-1-2021 Application Complete — 11 - 19-2021 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP — Residential 7. 8. (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: (F) Type of Structures: Existing - Planned - HABITAT DESCRIPTION: Existing - Septic Planned- N/A Single family residence, docking facility with 2 boatlifts, floater, and a gazebo Dredge an access channel and boat basin around an existing docking facility [AREA] DREDGED FILLED 011113,F (A) Uplands N/A —10,000 sq. ft. N/A A Vegetated Wetlands N/A N/A N/A (C) Open Water —2,000 sq. ft. N/A N/A (-133 cu. yds.) (D) Total Area Disturbed: Potential to disturb up to — 12,000 sq. ft. (.27 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No PROJECT SUMMARY: The applicant proposes a major modification to State Permit 92-21 to excavate an access channel and boat basin at an existing docking facility adjacent to the AIWW in Supply, Brunswick County. RECEIVED NOV 3 0 20ZI CITY 3217 Seacrest Mechanical Dredging November 29, 2021 PROJECT DESCRIPTION The proposed project is located at 3217 Seacrest Ave, on the mainland side of the AIWW, across from Holden Beach, Brunswick County. The property can be reached by traveling NC HWY 17 south towards Holden Beach. Continue past the Supply intersection, turn left onto Mt. Pisgah Rd SW and travel 4 miles. Continue south onto 130 E and immediately turn right onto Oxpen Rd SW. Drive for 1.7 miles and then turn left onto W Tanglewood Dr SW. Continue for .5 miles and turn right onto Waterview Dr SW. Take the next left onto Bayshore Dr SW and continue until it turns into Seacrest Ave SW. The applicant's property will be on the right- hand side of the road. Existing structures on the project site include a single family residence, bulkhead, and a 3-slip docking facility. The bulkhead was authorized under GP# 77693 on 11-5-2020. The access pier, gazebo, and 2 boatlifts were permitted under GP# 76468 on 7-30-20. A 3`d slip floating dock was authorized under State Permit #002-21 on 1-7-2021. There is no permit history associated with dredging within the applicant's riparian corridor. The project site is approximately .13 acres and is vegetated primarily with domestic grasses and ornamental landscaping. The high ground is elevated approximately 5' above the normal high water (NHW) level, and the shoreline (+/- 50 linear feet) is stabilized by bulkhead. High marsh species extend approximately 20' waterward of the high ground and include Black Needlerush (Juncus roemerianus), Saltmeadow Cordgrass (Spartina patens), and Salt Grass (Distichlis spicata). A continuous patch of Smooth Cord Grass (Spartina alterniora) extends approximately 50' waterward of the high marsh species. Residential properties border the project site to the east and west and the AIWW runs across the south side of the property. The width of the AIWW measures approximately 515 feet from marsh edge to marsh edge in the vicinity of the proposed project site. The waters of the canal system are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the November 2021 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding waters. According to the application, existing water depths in the vicinity of the proposed dredge footprint range from approximately -.3 ft. to -3.011. NLW (-32in. average existing depth). Water depths were verified by DCM staff on 11-3-2021 at 1:50pm. PROPOSED PROJECT The applicant proposes a major modification to State Permit #2-21 to excavate an access channel and boat basin at an existing docking facility adjacent to the AIWW in Supply, Brunswick County. Based on the site plan (see Sheet 2), the applicant would dredge an access channel and boat basin across the entire riparian corridor and extend south towards the AIWW. The rectangular dredge cut (approximately 40ft. x 50ft. x -1.8ft. NLW) would begin just inshore of the existing boat lifts and extend south, perpendicular to the run of the channel, terminating approximately 1811. inside of the Army Corps 80' Federal Channel Setback along the AIWW (See Sheet 4). The proposed dredge cut would tie into the -6ft. NLW contour which is located inside the Corps Federal Channel Setback. Based on information presented in the application package and DCM site visits, existing water depths (beneath and around the existing docking facility) range from -.3ft. to -3ft. @ NLW (-32in. average existing depth), and the applicant is proposing to dredge to an approximate final depth of -4.3ft. (-52in.) @ NLW, resulting in the removal of approximately 133 cu. yds. of shallow bottom. RECEIVED NOV 3 0 2021 DCM-MHD CITY 3217 Seacrest Mechanical Dredging November 29, 2021 Dredging would be performed using a "bucket to barge" method, and then material would be offloaded at an undetermined location into a dump truck and transported to Ike Williamson's pit located at 5790 Old Georgetown Rd SW, Shallotte. The disposal site is located approximately 16 miles from the project area. The disposal site has been previously used for other spoil deposition projects and according to the applicant, material generated from this project would be disposed in the same area. The applicant has received permission to use the disposal site and it has been approved by DCM staff. 10. ANTICIPATED IMPACTS The proposed dredging would disturb approximately 2,000 sq. ft. of shallow bottom area. Minor increases in turbidity should be expected during the dredging event; however, no long term adverse impacts are anticipated. Spoil disposal would disturb up to 10,000 sq. ft. (—.25 acres) of high ground at 5790 Old Georgetown Rd. SW., Shallotte, NC. The proposed project would not exceed a final depth of -4.3ft. @ NLW and would,extend into the Army Corps Federal Channel Setback, as approved by USACE. As proposed, the dredging and disposal activities would not impact Coastal Wetlands, SAVs or any PNA areas. Submitted by: Brendan Brock Date: November 29, 2021 Office: Wilmington RECEIVED NOV 3 0 2021 DCM-MHD CITY April 1, 2021 Mr. Brendan Brock NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington NC 29405 RE: (Project Narrative) 3217 Seacrest Ave, Sw Supply NC 26462 The owner of 3217 Seacrest Ave would like to conduct dredging. They already have major permit on this project. We are requesting a major modification of State Permit #02-21 to conduct Bucket to Barge dredging for ingress and egress for our docking facility. The Depths at normal low water are shown on the plans, they are flinches under the lifts,12 inches at the float, and 37 inches 20 feet off the float. The proposed dredging will connect to deeper water. TThere is an existing dock and pier with two boat lifts and a ftcat. We would like to dredge under the boat lifts and the float we would like to area to be 50 feet wide by 30 feet off the face of the float. We will take the spoils to 5790 Old Georgetown Road SW, Shallotte NC Brunswick Dredge and Dock will take place on the water by barge. The barge will be spudded in place during construction at the project site. The project proponent henry certifies that all information contained herein is true, accurate and complete to the best of my knowledge and belief. The project proponent hereby requests thatthe certifying authority review and take action on this CWA-401 certification request within the applicable reasonable period of time Please find the following documents attached withthis project narrative: 1. DCM-MP-1 Form 2. DCM-MP-2 Form 3. 3217 Seacrest Ave Location Map (Page 1 of 5) 4. 3217 Seacrest Ave Drive Site plan (Page 2 of 5 S. 3217 Seacrest Ave Drive Plan View of Depths (Page 3of 5) 6. 3217 Seacrest Ave Drive Section View of Boat lift B (Page 4 of 5) 7. 3217 Seacrest Ave Drive Section View of Boat IiftA (Page 5 of 5) B. Property Deed 9. Agent Authorization Form 10. Watson Adjacent Owner Notification Si. Garst Adjacent Owner Notification 12. Letter Signed by Ike Construction Sincerely, Jennifer W. Tammaro RECEIVED NOV 3 0 2021 DCM-MHD CITY M WI APPLICATION for Maler Oenlopment Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name NfLt" Qe-L ,, C. Project Name (ir applicable) Applicant 1: First Name ^O�IN MI � Last Name �Mi✓14/O Applicant 2: First Name Mi Last Name If edddional appllcents, please attach an addlUonal page(s) with names fisted. Meiling Address O Qox 17(,S PO Box 1 city 1 P4 vteb0 Y State /vG ZIP a oo3 G Country Usk Phone No. q> �� I lc exL FAX No. Street Address (if different from above) city Slate ZIP Email O� SlrtaN/NI � 2. Agent/Contractorinformation Business Name Agent/ Contractor 1: First Name MI Last Name 0 A/ A-as1 e,✓h M4✓d Agent/ Contractor 2: First Name MI Last Namn Mailing Address '% a dy I� PO Box City bei"Ji gN State NL ZIP /�(�, a 5036 Phone No.. 1 f(N -�)) I't(. ext. Phone No. - 2 - ext. FAX No. Contractor p Street Address (if different from above) City State ZIP Po oil 1stt (a a vv'S Email ohK�S/MAN/.vl t D RECEIVEr <Forin continues on hack> OCT 2 2 2021 NOV 3 0 2021 252. 800.2600 :. •1.000-4e, 0 om rrn t. n et Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # N u I crtj Subdivision Name City State ZIP Phone No. t No.(s) (if many, allach additional page with Aso Ito -4a3 I & ext. . , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lo&4er RIVr✓ TNTvr #or). (n/olt✓W/j c. Is the water body Identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. IRMatural Manmade ❑Unknown .r a4at' LWSTriw e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes QNo work falls within. 4. Site Description a. Total lenp'.h of shoreline on the tract (R.) b. Size of entire tract (sq.ft.) /^ c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or lot tisl) NAIL (normal water level) / (if many sizes, please attach additional page with a VNHW or ❑NWL - e. Vegetation on tract GIs Rill f. Man-made features and uses now on tract CSfb1 ( 14111119 g. (Identify and describe the existing land uses adiarep) to the proposed project site. h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) _ ❑Yes ❑No QNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? tf yes, attach a mpy. ❑Yes kNo ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes IgNo ❑NA National Register listed or eligible property? Kjy(,;r.I1f t <Form continues on next pRECEIVED OCT 7 2 ', I NOV 3 0 20211a ru uIN, Il DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes ❑No (II) Are there coastal wetlands on the site? )Yes []No (III) If yes to either (1) or (it) above, has a delineation been conducted? ❑Yes 5allo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. S@p4-ci, o. Describe existing drinking water supply source. CI WA:FeV' p. Describe existing storm water management or treatment systems. U w 5. Activitles and Impacts a. Nil the project be for commercial, public, or private use? []Commercial ❑PublictGovemment JilPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 2C.slk-W ulre [�fiAr.41 �aAFETzarf--p c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It Is to be tored. Work Cen�w1I-/i F✓or.r oahr.J Aaq'c�diSnck rlU g e C, Drr(ji.f ar r.�lho iG� Dw� P Wt O. -q v") O-S r Jc Ulf "'S lOV.il "rU / r.�G /v r r Cl. List all development activities you propose. 13pckciJo Qe_•Jr 01-e4/J e. Are the proposed activities maintenance of an existing project, new work, or both? IV ou I. What is the approximate total disturbed land area resulting from the proposed project? 433S"q.Ft or ❑Aces ti jL,oc-� g. Will the proposed project encroach on any public easement, public accessway or other area []Yes MNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. (Vauc I. WIII wastewater or stormwater be discharged into a wetland? []Yes BNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? []Yes ¢]r No ❑NA If yes, attach a mitigation proposal. i <Form continues on bWCEIVED OCT 2 2 2021 252160e•12a06 i. - DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted In order far the application package lobe comptele. (tams (a) — (0 am always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the prawn[ status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete 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 mall. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management Name Fart wcTJo.y Phone No. Addrass3 A l l S-ri-Ceti j' /Ivy. S(Mjal� NG d B 4 G 1 Name 5"GP3 Hgccryr PhoneNo.Cf/0 4/0 $?UZ Address 3 513 -Ce,ot c Avt S rr& ,2 8 f/G 1 Name Phone No. Address g. A list of previous slate or federal permits Issued for work on the project tract. Include parmll numbers, permittee, and Issuing dates. b l�cir.I IY/Mri-"NO �Y '� T01i.. 1pm/w�re t �' 30-�fi1U I Dl.✓tl•(k r7-eaGl FM OL4k11e*0 NL 4-4L1� Porkr/fr./P i4/.GL II /silos h. Signed consultant or agent authorization forth, if applicable. 1. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed byproperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do In fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the Information provided In this application is truthful to the best of my knowledge. Date d ryl Nil: A -agar Print Name VyIIN /} �iyMra�✓ Signature Please Indicate application attachments pertaining to your proposed project. m6cm MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVFr ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED OCT 22 :'UZ 2021 17(W WILMINGTON, DCM—MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM Mp-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill aetivlges. All values should be given In feet. ccess annel Other LW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding WL Breakwater shoreline stabilization o. 4ftojecti r' NA NA i r NA NA 1. EXCAVATION, pThls section not applicable a Amount of material to be excavated from below NNW or NWL in cubic yards. b. Type of materiel to be excavated. _ 13'i c. (i) Does the area to be excavateu Induce coastal wegends/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAX), shell bottom (SB), or other wegends (WL)? If any boxes are checked, provide the number of square feet effected. ❑CW — ❑SAV Ow ❑WL _ ®None (11) Describe the purpose of the excavation In these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a, Loc1atiion of disposat area. b c. (I) Do you claim tille to disposal area? d Dyes NNo j]NA (II) If no, attach a latter granting permission from the owner. (1) Does the disposal area Include any coastal wegends/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wegends (WL)? If any boxes are checked, provide the number of square feet affected. OCW — ❑SAV ❑sB ❑WL ®None (!I) Describe the purpose of disposal in these areas: OThls section not applicable wimenslons or msposal area. _- a 6 ve,J (1) Will a dtaa2asal areabeavagable for future maintenance? Wee ❑No ❑A (Ig If yes, where? co/Y)Vlo ,"/ (1) Does the disposal include any area in the waterl ED Dyes Faho ❑NA (11) N yes, -how much water area is affected? NOV 3 0 2021 . �:(i.fi;;.. ._�i1i: .. ..�'i$-.(ti llti:'f `;�'. V.i'fJV:._:S7_'_!6t�>=-_it.aic�[✓Ztlti__:ri_ ®CM^MHD CITY QOY 3. SHORELINE STABILIZATION 1Vh1s section not applicable (If development Is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: b. Length. ❑Bulkhead ❑Riprap ❑Breakwater/Sill []Other: _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill_ Other_ 1. Source of fill material. f. (1) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA Ill) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES Eris section not applicable (Excluding Shoreline Stabilization) a. II) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed In coastal welandslmarsh (CW), If yes, (II) Amount of material to be placed in the water (ill) Dimensions of fill area (iv) Purpose of rill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? IvoN<- c. (1) Wll navl atonal aids be required as a result of the project? ❑Yes KNo ❑NA (li) If yes, explain what type and how they will be implemented. aaa i Date 3a l + Se 4•t r rT Project Name L ti2•N09.290u •• 1.999.4HG OAST �: www.nrr,nnstwlmana� submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (it) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? afrckrr�„ B..dl,. d. (1) Will wetlands be crossed In transporting equipment to project site? ❑Yes ®No ❑NA (II) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Cf6e✓ Fe-1 Applicant Name atIFa. Appl . ignature RECEIVED OC1 2 2 2021 NOV 3 0 Mi DC WILMINGTON, NC. MHD CITY ovisud; 12126106 DCM- ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director SENT VIA EMAIL Parker Reel Properties LLC c/o John Tammaro PO Box 1765 Davidson, NC 28036 NORTH CAROLINA Environmental Quality November 29, 2021 SENT VIA EMAIL RE: CAMA Major Modification to State Permit #2-21 3217 Seacrest Mechanical Dredging Dear Mr. Tammaro: The Division of Coastal Management hereby acknowledges receipt of your application for a major modification request to perform mechanical dredging within the riparian corridor located at 3217 Seacrest Ave SW, Supply, Brunswick County. It was received complete on November 19, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is Feb 2, 2022. 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. NCGS I I3A-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 Brendan Brock Field Representative cc: Cameron Luck, MHC Connie Marlow, Brunswick Co. WIRO DCM USACOE Holley Snider, DW R John Tammaro, Applicant RECEIVED NOV 3 0 2021 DCM-MHD CITY D_WEn North Carolina Department of Environmental Quality I Division of Coastal Management v Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 26405 910.796.7215 _ #.;c_ F«. �,. .:�_ ,,..E c' a •: � K -"�a g. Yf r � � CAMA PERMIT APPLIE. FOR 'HOJECr _ Applicant:proposed 0 major modification to Brunswick County. Parker Real Prop,rtyy, 4LG 0 c/o .Doha Tammaro }'1 Po IFSOX 7765 y n/a _ December 26 202' FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management . 127 Cardinal Dr. Ext. Wilmington, NC 213405 Brendan Brock (910) 796-7270 F, 0 NORTH CAROLINA I ncnarmrruto? ()1mbQ November 30, 2021 GanLegPubNotices@gannctt.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice: • Parker Real Property, LLC Hello: Please publish the attached Notice in the Sunday, December 5, 2021 issue. ROY COOPER Unrvnror ELIZABETH S. BISER sererrry BRAXTON DAVIS Dlreelnq Un.rus, q(('oagnl ATnm,gemrnl 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 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Support & Customer Assistance Cameron Luck - MHC WIRO file USACE Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dow Ext.. Wilminglon, NC 28405 9197967215 RECEIVED NOV 3 0 2021 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On November 29, 2021, Parker Real Property, LLC proposed a major modification to State Permit No. 2-21 to excavate an access channel & boat basin at an existing docking facility located at 3217 Seacrest Ave SW, adjacent to the AIWW in Supply, Brunswick County. A copy of the application can be examined or copied at the office of Brendan Brock, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7270) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 26, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED NOV 3 0 2021 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ?Orl-cer (Zr-C I raae,16 LLG Mailing Address: I o Qox twnr— DGvtkuel Iv6asel36 Phone Number: l g o L It (o Email Address: u hit/ (Q S11i1 d'VrN I , Cd wJ I certify that I have authorized 'ill IV t ZilMcry 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 my property located at 3.11 �- Stg creir five- —rup»il_ , in Fru,-lc L-ti County I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: 2cSignature .i Q�'e/�M I�GG✓ � Print or Type Name A4 61L Title Date This certification is valid through Q 1 / G 1 / Da )� RECEIVED OCT 22 2021 UCM WIWINGTON, NO RECEIVED NOV 3 0 2021 DCM-MHD CITY u y I e.,�ko : k, wl: gBIIE10M8JL- Rl T51i2i RFrr•(p_�� T REUU�_SL? DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOT IFICATIONIWAIVER FORM Name 01 Propedy Owner: �� fly. (�e•I (o/u 6� ...... .. Address of Vlopelty: 3au—.J-'P..d---- Itot or Street N. Street or Roan, C11 a County) Mailing Address: -F—d�Y I r -- Agenl'sphoneN:_�f,'p222.1/(( I hereby certify that 1 own property adjacent to the above referenced property. The Individual applying for this pern!d has described to me as shown on the attached drawing tho development they are proposing. A doscrintI n or lirawm v�f{�L ior�s, nmst.V4 Prgy!ii d ith 9 lgiLer. r� have no objections to this pmposai. I have objections to [his proposal. It yeo have 00110000"s to what Is Doing PmPosed, you moat notify the Division orCoastatManagement (f1CM) In Writing within 20 days ofreccipt or this notice. Corrospondenco should ho n aflod to 127 Cardinal Drive EXI., W11011nglon, NC, 2910SJ91e. OCM raprese eativas can also he contacted at 1910) 796-7215. No response Is WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a ndnfawm distance of 15' fron! n1y area of tipanan ucccss unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) 0^' I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pro rty Owner Info matlon) — i�nr._C�arr•a •.� Print or Type Name f6?bx 06f Maila1g Address '0cu.lJ evv NL d S&3 L Citylslot0aip U ii1.4 qy Telephone Number Parr (Adjacent Property Owner Information) Sf�gmDlllw(l bl o rST — Print Typo Nemo 3i)A2 .eactre v; Melling Address RECEIVED �t N(, r�_ 'iVf aeNflCi 22 ?07i 0//4) /o/0S 30L Telephone Number—'-ftili'WILMINGTQN, NC R weeld CEIVE® NOV 3 0 2021 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: �ot)t (?e.( Fro rcr4 1-. Address of Property: C1167 (Lot or Street #, Street or Road, Citt &' County) Agent's Name Mailing Address: P6 56-1!— Agent's phone M cl V 6 7}11It 0" 416 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 hey prroposing. 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. have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in r within 30 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., igton, NC, 28405-384& DCM representatives can also he contacted at (910) 796-721& No response is fared the same as no objection if you have been notified by Cediffed 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 ^wa/ive the setback, you must initial the appropriate blank below.) F/ Y I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Owner Infation) i Print or Type Name '6 I96x &6 Mailing Address 17Cv,dJory NC d 9,v36 City/state/Zip 9:;t' ?-al G y7% Telephone Number 0111 tfa I Dale (Acent Property O ner Information) SiCgnature 1 e w rs o �. Print ype Name 3a I I StA{/tj F 4v-e Mailing Address R EC E IVR I-,. Su I /V L t;l v tl G )� city/ ael p 22 20?1 Telephone Number INb; l Oill, t,l( Date 3/5/al RECEIVED Revised 612612MV 3 0 2021 DCM-MHD CITY .V V . \ . I-. I . 1I..If .'. I•:'.::'k}..l l.l. a tali Gunb' I. CI•mo,ivm. pmruhl leonp.I1:1 vd6ka vl L•m:J; Grantor and Grantee confirm the Excise Tax is $0. Parcel Identifier No. 230MB053 Mail after recording to: Parker Poe Adams & Bernstein LLP IJJMIJ 620 S. Tryon St., Suite 800, Charlotte, NC 28202 This instrument was prepared by: Parker Poe Adanis & Bernstein LLP 620 S. Tryon St., Suite 800, Charlotte, NC 28202 No title performed. Brief Description For The Index: L-30 S-I TANGLEWOOD PLAT 1/131 Not -tit Carolina General Warranty Deed This Deed is made as of Novcmbcr2,3, 2020. Grantor Grantee JOHN A.'I'ANIMARO, 11 and wife, PARKER REAL. PROPERTY, LI,C, JENNIFER W. TAMMARO a North Carolina limited liability company PO Box 1765 PO Box 1765 Davidson, NC 28036 Davidson, NC 28036 The designation Grantor and Grantee as used herein shall include said parties, their I{{��s., successors, and assigns, and shall include singular, plural, masculine, feminfne or neutdr'W+IEIVE [) required by context. This instrument prepared by: Jeffery J. MOITIS, a licensed North Carolina attorney. OCT 22 ?0?1 Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. DCM WILMINGTON, Nt_' RECEIVED Submitted electronically by PARKER POE ADAMS BERNSTEIN LLP In compliance with North Carolina statutes govwvg tlee zzi documents and the terms of the submitter agreement with the Brunswick County Register of Deeds. DCM-MHD CITY II I II B I Ift,l l l 11 I I I1111 II I I I II I BI I III LJV\,/,\.'ITJ, , I1VL..LLTJ IS:S(:.6.L'ro hw4•Fl, fl. i,l,mda Elnn!nlll [cun4. bC F, dl.1. 161 D1.,I! WITN ESSUH I. 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 and convey unto the Grantee, in lec simple, all that certain lot or parcel of land situated in Brunswick County, North Carolina aid more particularly described as follows: BrING ALL of Lot tf30 'I'angicwood Section I Subdivision, according to a map prepared by Jan K. Dale, R.L.S. March 18, 1977, recorded in Map Cabinet 1, Page 131, of the Brunswick Registry at Bolivia, North Carolina. RESTRICTIONS as set forth in a deed to Donald Gmfe, mcarded in Book 453, Page 486, ot'the Brunswick County Registry. More commonly known as 3217 Sencrest Avenue SW, Supply, NC 28462 (Property ID: 230MB053). Being the saint property conveyed to Grantor by deed recorded in Book 4478, Page 1365 of the Brunswick County Public Registry and being the same property previously acquired by Grantee in deed recorded in Book 4413, Page 0530 of the Brunswick County Public Registry. The property herein conveyed is not the primary residence of the Grauer. No title search was conducted by the deed preparer and no title opinion is being rendered by the deed prepaer. A map showing the above described properly is recorded in Map/Plat Book 1, Page 131, Brunswick County Public Registry. 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 some 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 except for the exceptions hereinafter stated. Title to the properly hereinabove described is subject to the following exceptions: RECEIVED I. Any and all valid and enforceable enscntenls, covenants, conditions, restrictions and other matters of record. NOV 3 0 2021 2. Ad valorem real property taxes for 2020 and subsequent years, not yet due and payable. [Signature Page follows) 2of4 PPAn 58951880 DCM-MHD CITY RECEIVE[:., OCT 2 2 2021 DCM WILMINGTON, NC tl 9 ilti I I®I ®I I II I I I II®II II I I I I II I I I Ilt "-' " 1` t, . faM 1 N.11r,:1d Farm'. I r'r"Mm MP, J, Grantor has executed this Deed as of the dale first written above. m A. T'amntaro, I I State of North Caml ina Cuunty ol`R&f k/&/6j1,Zy 1,15tt& L a Notary Public of E✓ z County, State of North Carolina, do herby certify that John A.'I'ammaro, II (" Signatory"), personally appeared before me this day and acknowledged that he executed the i'oregoing instrument. I certify that the Signatory personally appeared before me this day, and (check one of the following) (I have personal knowledge of the identity of the Signatory); or (I have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of: (check one q%1hefJollowirrg) a driver's license or in the form of ); or (a credible witness has sworn to the identity of the Signatory). Signatory acknowledged to me that the Signatory voluntarily signed the foregoing instrument for the purpose stated and in the capacity indicated. Sworn to and subscribed before me this -// mm- Notary Publi i Print Name- p My Commission Expires:_ (Notary Seal) NOTARY' PUALIO MeddorlburgCauftNO Mye mmleebnEoeeJanmly05,2m RECEIVE) OCT 2 2 2021 3 otDCMI�VtUt; 4 flit, VDU PPArl 58951880 NOV 3 0 2021 DCM-MHD CITY 'I Y I I II III II I III "'®III II I I I 111I�I III YV V,\.l'^tJI , /IV L..LLI'/ r1�.:S v::1 l'l�. euanla'.1. t'Imwnws. 6nuuoirl. Gaup. bC Cc+iivia ul ar Js , Stale of North Carolina County o1Qi°wm1A11Z4 I, l/JAfOA L_Lp_, a Notary Public of/Jj�I,Y✓F.j, '! County, Slate of North Carolina, do hereby certify that Jennifer W. Tannnaro ("Sigouto y"), personally appeared before me this day and acknowledged that he executed the foregoing instriument, I certify that the Signatory personally appeared before nic this day, and (check one of the follmaint I _ have personal knowledge of the identity of the Signatory); or have seen satisfactory evidence of the Signatory's identity, by a current state or federal identification with the Signatory's photograph in the form of. (check one of the following) a driver's license or in the form of _ �; or ^_(a credible witness has sworn to the identity of the Signatory). Signatory acknowledged to ine that the Signatory voluntarily signed the foregoing Instrument for the purpose stated and in (lie capacity indicated. Sworn to and subscribed before me thisQ !, ZJ , 2020. Notary Public Ul _ Print Name: • My Commission Expires:,�(n'jj [Notary SCAT] 4 of 4 rrnn ssusrasvrr $Wra L Lund NOTARY PUU4 MWdenbury Cormry, NO hly Comilialon E)#m January 05, 2M RECEIVED NOV 3 0 2021 DCM-MHD CITY RECEIVED OCT 2 2 2021 DCM WILMINGTON, NC IKE'S CONSTRUCTION 5790 Old Georgetown Road SW Shallotte, INC August 18, 2021 To Whom It May Concern: I authorize John Tammaro to transfer dirt from the dredging site to our site for disposal. The address of the project (dredging site) is 3217 Seacrest Lane, Supply, NC. Please refer to the copy of the attached deed for Ike's Construction. Thank you. Ike "e/`- M Ike.comm@gmail.com RECEIVED OCT 22 UCM WILMINGTON, NO RECEIVED NOV 3 0 2021 DCM.MHD CITY 10/30/21, 245 PM G _: 9 - Maps s Old Georgetown Rd cr..wev. Old Georges w Rd-Gaogle Maps ww.w vf` QV GL� 4S, MepdaMO2021 GOOgle 1 m!a �aac CD m Ctsc;vqr� C) CCT 30 zzzi = W m o ��1�lli.�htNOiToy`C 0 htgvtfi '4 PwV-catrdmepw*cdCk4GeOrtnro Rd.+ShilloOe,+NC+264701033.9307303.-78399163.12.9h/data=!4ml3!lm7!3m6!1s0�colic a9.0=6440&064&bn!28OId +George W wOtRd.+SLa0o0... 112 This ,certifies that there are no delinquent ad ter a. IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII 6388a P0461cnons-ptPRP Oescn, d.., BrunswickCounty Tex collector is charged with cell tang, that area arunoulck County, NC R.al.t.r .f C..da pa9< 1 of 5 lien on: Parcel Number �J' as notated by the BrwswL* Counl)rj This is not a certl Maur t h 0 Assessor's Office. that the parcel number matches the deed Present t � 7oNl Rev Int. description. MAR 0 B 017 sfial "2- CkS Cki CashS Date (Ant) Tax Col. I Del, Tax F; Refund: Cash $ _ Finance_ ❑ Palbns ddammeM en ueglbb due UmMitlon or DNkd. ❑AmaarA nl.P, seals vented byanghd V,ir, tpal moct be 2p%dmtd Purpled. SPECIAL WARRANTY DEED STATE OF NORTH CAROLINA Parcels #2290001202, 22900012, 2290001301, 2290001402,2290001403,2290001416 COUNTY OF BRUNSWICK rb THIS DEED, made this a day of March, 2017. by and between Sarah S. Williamson (divorced), of 4297 Babson Road, NW, Ash, NC 28420, hereinafter, whether one or more, referred to as "GRANTOR," and Glen Norwood Williamson, Jr. (divorced), whose mailing address is PO Box 742, Shallotte, NC 28469, hereinafter, whether one or more, referred to as "GRANTEE": WITNESSETH THAT the Grantor, in consideration of the sum of ONE DOLLAR to her In hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all of those certain lots or parcels of land situated in Brunswick County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and Incorporated herein by reference. This property _does x does not include the primary residence of the Grantor. The purpose of this conveyance is to vest sole (!Us in the name of the Grantee, free and clear of any marital rights of Grantor to said property, and to allow Grantee to henceforth convey and encumber said property or any portion thereof without the consent or joinder of the Grantor, pursuant to a Mediated Settlement Agreement and Consent Judgment filed January 27, 2017 in 13 CVD 1235, between Grantor and Grantee. Prepared by: Lours E. Thompson, Attorney at Low WTHOUT OPINION ON TIRE PO Box 11028, Southport, NC 28461 (No title examination or opinion requested or rendered) RECEVEt OCT 22 221 NOV 3 0 2021 DCM-MHD CITY z IIIIINIII IIIIIIIIIIIIIPROP IIII1IIIIIIII a3 a !04J8 03-09-2017 24 31 Coo It is the Intention of the parties hereto that the property described herein shall be considered separate property of the Grantee pursuant to the Equitable Distribution Act (N.C.G.S. §50-20 at seq.) and that Grantor relinquish all right or claim to said properly In said AG for the valuable consideration paid to Grantor. TO HAVE AND TO HOLD the herelnabove described lots or parcels of land, together with all privileges and appurtenances thereunlo belonging unto the Grantee In fee simple. And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of persons claiming by, under or through Grantor, except for the exceptions hereinafter staled. Taxes for current and subsequent years. Covenants, easements and restrictions of record. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year first above written. CAI �.7 (SEAL) Sarah S. Williamson STATEOF Ai-Jh /.vso Lrrrs� COUNTYOF Yg-yntJ [,/r I certify that Sarah S. Williamson personally appeared before me this day and (Please Indicate, by marking one of the following, the manner of identification of the principal: ('A I have personal knowledge of the Identity of the principal. ( ) I have seen satisfactory evidence of the principal's Identity, by current State or Federal Identification with the principal's photograph in the form of a ( ) A credible witness has sworn to the identity of the principal.) acknowledged to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Date: (Of6 I Signanre of Notary) My commission expires:K- 001- wOr.�, (Notary's printed or typed name), Notary Public (Official Seal) a`,�OPP s NOTggY .-, r uv F � `10"smr�s 9G 111BLIC _,?v 3v 2� R ECEIM) OCT 22 -021 0CM WMNtbtYV`D NOV 3 0 2021 ►ACM-MHD CITY same 3o-h@111IIII till gIIIIIII II �s-punswIlIIIDeedsr of EXHIBIT A TRACT ONE: 850IR5I;ro at an iron aipn, eaid pipe being further located by tho follows tie traverses Couaencing at a rpil.0 Sn the Int'ersectM of Centerline of SR 1133 and 'SR 2154 and runs with so3d SR 1154 north 15 degrees 55 minutes 25 neaonds east 559.80 feet to a railroad spike In the eantsrline -at akid read and where meld read �crpsnes annnla•n nrarichl' thence with the conterlins of said road north 12 do"as 35 minutes 05 seconds east 124.73 feet to a railroad' spike; thanca leaving said 8R 1134 and rune to and with an old tarn road north 84 degraso 11 minutes 43 sedonda west 826.41 feet.to an iron 'pipe on the pouth edge of said farm road) thence south 3 daytees 49 minutes. 05 saboads west 290.02 feet to the point and place of beginning and proceeds from said bsglnnisg south 3 degrees 49 aiauten 28 conches vent 81.01 feet to -an iron pipe In the run of Jennie's Branch; thence with the run. of anld branch the following. 16 ccuraugs (2) mouth 77 degrees 35 minutes 25 scebnds wart '3153.57 feet; (2) north 81 degrees 10 minutes 47 seconds west 205.35 feet(. (31' .Routh 35 degrees 13 Minorca -39 Intends weak 43.00 foot; (4)north 63 degreeo 49 minutes' 21 seaonda vent 46.61 •fe6t; (5) south 61 degrees 10 minutes 20 seconds want 57.09 feet; (6) north 89 degrees 21 minutes 21 seconds want 111.04 foot) (7) north 52 degreea 14 minutes Is seconds west 30.90 feetr (8) south 63 degrees 45 minutes 43 seconds west 32.83 feed (9) south 2e degrees 01.321act6 42 ascends went 40.22 feet; .110) south 70 degrees 40 minutes 36 seconds vest 77.12 feet; (21).. north 69 degress 33 minutes 32 seconds, want _ 26.80 toot; (121'no tEli"75'degrees 02 miauteY"'Whad6Wara west 49.42 feet) (13) South tt'55 degrees 20 minutes 10 neconas west 101.89 teat), `14) south 84, doByqrreea So minotea 57 Demands Vest 22.47 feet to a rebarl (15) mouth . 84 degrees 50 minutes 57 socands want 9.80 lost to a Point In Sold runt thence north 13 degrees 16 minutes 41 seconds vent 503.41 feet to an Iron pipe; thence with an old 'marked line'north 65 dogroom39 minutes, 52 seconds . east 444.48 foot to an Iran pipe) thence mouth 0 dogroms 31 minutes 13 seconds west 495.00 fast to an Iran papa) thence north BO degroen 30 minutes , 00 seconds east 1572.00 test to the beginning "and' contains 9.02 acres more, or less. For back reference see Book 1095 at Page 335. TRACT TWO: BEGINNING on a poplar in the edge of Jennies Branch and runs south 79 degrees west about 100 Qoles to a stake on the hill north of said branch; thence with W.L. Pigott s line north 7 degrees west about 30 poles to a stake corner of.Lot No. 2; thence north 79 degrees east t0 the eastward line; thence south 5 degrees west to'the beginning:" For back reference see Back 3367 at Page'715 and'survey recorded in deed recorded in Book 2869 at Page 482. . OCT 7 2 RECENED DCM WILMINC, Nov s o 20 (ACM-MHj) CITY igiiigr 83880of dH. ci. R. = PROP Brunswick County, TRACT THREE: Being. Lot No. 2 of the 76 aials Branch tract containing eighteen and one fourth acres more or lees, and BEGINNING on a stake in the eastern line, D,N, Pigott's fourth corner; and rune south 79 degrees West with his line about too poise to a Stake, his corner in W.G. Pigott's line ; thence North 1 degree West with his. line 28 or 29 poles to a stake , J.P. Plgotta corner I thence with his line North 79 degrees East to eastern line ; thence South.5 degrees West to the beginning. Being the same land conveyed to Ronald Lee Tripp by Daught E. Tripp and being more particerly described as tax parcel 60 2290 0 013 Otto Mac inDeed Book 1053 Page 815 and duly recorded in the Brunswick Co. Registry. (For back references see Book 679 Page 245 and Book 79 Page 113 in the Brunswick Co. Registry. For back reference see Book 3367 at Page 712. There is hereby excepted, however, that certain property described in the Consent Judgment recorded in Book 3774 at Page 285 of the Brunswick County kegistry. TRACT FOUR: Being all ofthal 100 acres, more or less, parcel #229nnOICY2 being founded as Rlliows by adJoining parcels of land: Being banded on the Nonh.by the southern boundary line of 11m1 Parcel hack r, e As Parcel frumgoI40.7 tieing presently m previrosiy Owned by Harry I,. bounded on the et es thence t ash the arothwest oirmer Of parcel #2290f101401 somhamly founded on lha west by Ilia eastern line of that parcel presently or previously owned by International Paper Company and idenlifled as Parcel #22900o10 to where the eased line ofthe parcel idenlilled as 62290MIO Intersects w,lh Ilia, parcel iderl ifled as Parcely22901k913 o presently Or previously owns; by Ronald Lee Tripp; thence tjmh,rly with tha northernlino of Parcel #229ta101301 to the northwest comer of that parcel idauiflod ea Parcel #229(kol2lY2 Presently or previously owned by Samuel ;Omen and William Powell; thence along the northern boundary line OfPsmel #22901R112O2 to the northwest ermer of the' parcel identified as parcel -#229OW12, presently or previouslyownad by Odell Williamson; thence along the northern boundary oaslward of Ibe1 parcel idomifiod as Parcel #22900n12 to where it intersects with the western boundary line of Ilia, parcel Identified as Parcel #2290on 1403; Thence northward along rho wesYem boundaries Of those parcels identifled as Pared #22900f11405 2290001415, 2290001407, 2290001408, 2290001409, 229OMf 410, 229DOOI411, 2290001412, 22900014 to the print where said line would intersect with the northern boundary line of the parcel herein being conveyed; thence along the northern boundary line wmlward 10 where said property line inlermcis with the northeast comer of that parcel previously above idemifled as Parcel #22900010, slid parcel as so bounded having 100 acres, more or less, ea described hereinabove. For back reference see Book 1364 at Page 682. There is hereby excepted, however, that certain property described in the Consent Judgment recorded. in Book 3774 at Page 292 of the Brunswick County Registry. OCT 2 2 "m w _bVitb NOV 3 0 2021 DCM-MHD CITY IIIII IIIIIIIIIIIIII�IIIggII IIII III RR P0411 m3 ma �m„ me:ae:3i .cam Br ends o -2- 5 ns PFOP Brunawlck Coon Y. � egls ter of Oeeda page B of a TRACT FIVE: The undivided interest of Grantors as their respective Interest may appear on public record: BEING.all that parcel of land described as Parcel 0 2290001403 on the tax parcel maps of the Brunswick County Tax Department having a southeast corner formerly known as the "Old, Pigott Corner" and being the Northwest corner of the Oliver Lewis Property as shown on that map drawn ,by Thomas W. Morgan,R.L.S. and duly recorded in Map Cabinet I., at Page 315 df the Brunswick County Registry, thence southwesterly to the, northwest corner of that parcel containing 1D0 acres identified on tax parcel maps as parcel 022900014.02 thence northerly to the northwest corner of property herein conveyed being a point in the Wilmington - Georgetown Road as such road is described in`Map Cabinet P at Page 323 of the Brunswick Registry, thence along said road and boundary line (being the northern line of said property herein conveyed), to an old concrete monument 0134 located on the north edge of said road, said corner being the northeast corner of the property herein conveyed, thence S 37040'20" to the Point of the beginning and tieing the property situate as belonging to Joe Brooks 8 Odell Williamson on Map recorded in Map Cabinet I., Page 315 and being further described byy reference on Map a, Ps4@p 105 as Brooks property adjoining the Edger Tripp Tract shown on sa10 map, said parcel contains forty (40) acres.' For back reference see Book 3367 at Page 717. i��C1"IVWi: 0 C T 22 :J I DCM WILMINGTON. NC RECEIVED NCV 3 0 2021 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet MA-S"v, N,0b AEC: kIWO Fee: $ 4VV # l�f� CDAITS _ MHC cc Applicant: I- Van G.•+.p.�,� GI Agent/Contractor: _ Project Site County: & Staff: District: Wilmington ProjectName: I Rover File: Ma River Basin: Initial date of application submittal: Z , Date application "received as comp ate" in the Field office: / — _ Z U 2,1 SITE DESCRIPTION/PERMIT INFORMATION ORW: E3Yes ro =s Po Photos Taken: Yes 0 No Setback Required (riparian): ❑Yes NNo Critical Habitat. ❑Yes 'RNo ❑Not Sure 15 foot waiver obtained: MYes []No Hazard Notification Returned: % ❑Yes PNo SAV: []Yes No ❑Not Sure Shell Bottom: ❑Yes �No ❑ Not Temporary Impacts: Yes ❑No Sure Sandbags: Yes o ❑ Not Sure Did the land use cl sification come Mitigation Required (optional): from county LUPAYea []No []Yes JgNo Moratorium Conditions: Environmental Assessment Done: Len th of Shoreline: ❑Yes 2JNo ❑NA ❑Yes PNo ❑NA d FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- T �2 acr SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) LJ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) Outstanding Resource Waters (OR" WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Sparline U (SY) Salt reed grass (Spartina altemifiora) cynosuroides) (DS) Sall or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus 0 (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv, public or Comm w/ D&F to 1 can be applied - $250 cre; 4144 can't be applied - $400 ❑ 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 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - El II. Public or commercial/no dredge $100 and/or fill - $400 RECEIVED ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 applied; DCM needs acre; 4144 can DWQ NOV 3 0 2021 agreement - $400 DCM-MHD CITY Applicant: ?,( T Date: 1-19-2-1 J 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 Maint ❑ ❑ Y N Q 5-0 _ - New Work ❑ Repla Mont ❑Y ❑N New Work Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Main(❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y [IN 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 Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. 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 temp impacts) im act amount tam impacts amount Dredge FIII ❑ Both ❑ Other ❑ ZIP v ,(,, Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ EIVED NOV 3 0 2021 DCM-MHD CITY 919.733.2293 :: 1.888-4RCOAST :: wwW,nccoastalmanagamentnat revised: 02/26/18 Date Date Check From Name of Vendor Check Check Permit Rd. # Received Deposited Permit Holder Number amount Number/Comments 11/29/2021 John Tammaro II Parker Real Aquesta 1342 $400.00 major mod fee #2-21, 3217 Sea BB rct. Property LLC Bank Crest Ave, Supply BRCo Split 60/40 15935 v n Z m o n = v o o m m Major Permit Fee Schedule Project Name:5�County: Check No 8 Amount: Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas. III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. III(B). Public or commercial development if General Water Quakily Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60%($240) 40%($ 160 ) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: MID) If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be appli IV. Development that involves the filling andlor excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED NOV 3 0 2021 DCM-MHD CITY �SEAESS a� SW ', n" _ J SCALE PR UNE, TYP. N 40 80 16G W 'p W �` a Nm Ln i invh = 40 r 6' WIDE PIER ARE APPROXIMATE AND ARE NOT ' y ' (EXIST,NGj_ SICAL SURVEY DATA. O MOOR MODIFIED TO AUGN WITH STRUCTURES ` 'n: I R-PARIAN UMIT, TYP. ;RBODY FROM EDGE OF COASTAL F COVERED AREA (t' OVERHANG) APPROX. NHNi � 1 Y NHW: 6'-8" EDGE OF COASTAL WETLAND. ' S ' -t 10,000 .B h BOAT LIFT (EXISING) . X2' NHW: 7`-2" Z / ' v LB FLOATER NLW: 1'-4° _ BOAT !-IPT T }i�- -{lilG� E J� Proposed Dredge Footprint a j" PIER HEAD, Pro p 9 SItECT `j CORE SETBACK LIMIT 4 I MR. JOHN TAMMARO d 3217 SEACRESTAVENUE SUPPLY, NC 28462 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director November 30, 2021 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.00v SUBJECT: CAMAID&F Applicant: Parker Real Property, LLC Project Location: 3217 SeacrestAve SW, on the mainland side of the AIWW in Supply, Brunswick County. Proposed Project: The proposes a major modification to State Permit No. 2-21 to excavate an access channel and boat basin at an existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by December 26, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT AGENCY SIGNATURE DATE ,amry cenai D � Q�� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 12.0' -�,, ` s{� U,! "vs W NLW W NLW BC NLW 141' NNW 144' NNW 142' NNW 10, er NLW er NLW 52' NLW 120' NNW 121' NNW I 12r NNW 10, 3e' NLW 3r NLW 37' NLW W' NNw e3, NM W NHw 10, 24' NLW 2t NLw e4' NNW e4' NNW I 15.0' 1.0'- � 14.0' 10' I I Ir NLW FLOAT 15.0' 1 I I I I NLW ri"r1t NNw S 0 NLw r 1' law ( l T1 NN ' w Tt' NNw l� p buort I'\J vEn 10 4' NLW er NNW 20, 7.5' 3r NLW e4' NNW 24' NLW 24' NLW Sr NNW Or NNW -i = r NLW 1e' NLwI I ,3• 14. 0 ' I 'Tor' INLW w �7Y' NLW 1 n' NNw I I BAT LFT • ('I e'NLW Ll i e4' NNW e 15.0' 321, < 14.0' `% RECEIVED NOV 3 0 2021 DCM-MHD CITY REAL vR §RE M' . ro' ^� A % w VJ ` So' NLw ElgEgEMSMUBM W NLw 90NLw 141' NNW 144' NNW 14e N11W Sr NLw Sr NLw ZrLw 120' NNW 121' NNW I NHW 10, i Sr NLw Sr NLw 5r NLw NLw 1Or NNW to r NNW 10S' NNw I 1 S' NMY ' Sr NLw I SY NLw ro /oe' NNw 106' NNW 10, Sr NLw 78' FIDAT PROPOSED DREDGE AREA—Z1 5 0' 4r NLw NNW 5 0 48' NLw for NNW NLw O 101or ' NNW 12.0 PIER W NLWb— W NN71' 401-Itw W NNw 15.01 7.5' 'S2l 1 S4 al ��e� Avt Wa�Sun Sr NLw 11r NNW Sr NLw I �r�• NNw NLw 1 • NNW O4S' NLw 4r NLw 10r NNW Ilar NNw n BOAT lay 14.0' 1�1 "A. MtL-KW 100' NW 15.0' Arc. ems...,...-�. � US,ka WE), SE'\bhc K- RECEIVED NOV 3 0 2021 DCM-MHD CITY MARCH 5, X l IRKER REAL <ROPERTY UC ow' . ro NIA OUA � �LIFT B MAT LPT BUT LFT FIDAT RNW71r MW Mr T INM 7? !Y LW w or �Nw M• M, fJ405ka pi<,Zc� �tcaeay C� CV� RECEIVED NOV 3 0 2021 DCM—MHD CITY 6�IrCEb`JF� OCT 3 0 202, UCM VVII MIND fQN, NU MARCH S. 1 21 r�uc� PARKER REAL PROPERTT LLG 3 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 24, 2022 Regulatory Division Action ID No. SAW 2020-01743 Parker Real Property, LLC Attn: John Tammaro PO Box 1765 Davidson, NC 28036 Dear Mr. Tammaro: Reference your application for a Department of the Army permit to excavate an access channel and boat basin at an existing docking facility. A boat basin and access channel will be dredged across the entire riparian corridor and extend south towards the AIWW, approximately 20 feet waterward of the Army Corps Setback. The rectangular dredge cut (approximately 40ft. x 50ft. x -1.8ft. MLWL) will begin just inshore of the existing boat lifts and extend south, perpendicular to the run of the channel. The site is located in Waters adjacent to the AIWW at 3217 Seacrest Ave. SW, on the mainland side of the AIWW across from Holden Beach, Brunswick County, NC. The proposed dredge cut will tie into the -6 feet MLWL contour which is located inside the Corps Federal Channel Setback, and the proposal is to dredge to an approximate final depth of -4.3 feet MLWL. This will result in the disturbance of 2,000 square feet and the removal of 133 cubic yards of shallow bottom material. Dredging will be performed using the "bucket to barge" method, and the material will ultimately be transported to Ike Williamson's pit located at 5790 Old Georgetown Rd SW, Shallotte. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291 (copy attached), for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with the applicable State authorization, attached Federal special conditions, RGP-291 conditions and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. -2- Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans Manatee Guidelines GP 291 conditions Copies Furnished by Email (with enclosures): NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Mr. Cameron Luck NCDEQ/DCM; Ms. Amanda Cannon NCDEQ/DCM; Mr. Brendan Brock USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, dated March 5, 2021, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 3. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 6. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973. 7. The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 -3- NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 9. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation. DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2022 Expiration Date: December 31, 2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT (RGP) A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP. Operating Procedures a. Applications for joint state and federal authorization under this programmatic RGP will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the U.S., including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional RGP or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP orNWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation, and guidance. e. This RGP does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this RGP process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this RGP will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this RGP until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the RGP have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This RGP will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this RGP or any Corps approved modification to this RGP, no excavation, fill or mechanized land-clearing activities shall take place, at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the North Carolina Division of Water Resources. e. The Permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). f. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause umeasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The Permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the US to its former conditions. i. This RGP does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The Permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging, or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. k. The Permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This RGP does not grant any property rights or exclusive privileges. m. This RGP does not authorize any injury to the property or rights of others. n. This RGP does not authorize the interference with any existing or proposed federal project. o. In issuing this RGP, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this RGP. ( 4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this RGP. p. Authorization provided by this RGP may be modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this RGP shall be five (5) years unless subject to modification, suspension, or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This RGP does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by this RGP, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. Endangered Species. (1) No activity is authorized under this RGP which is likely to jeopardize the continued existence of a threatened or endangered species directly or indirectly or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under this RGP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (2) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA consultation is necessary. (3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (USFWS) or NMFS, the District Engineer may add species-specific endangered species conditions to the RGP verification letter for a project. ( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. (5) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below, or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. The Raleigh USFWS Office covers all NC counties east of, and including, Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 (6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the Permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PB Os), which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO, where a take of the federally listed species occurs, would constitute an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply to a project, the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. (7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps and the U.S. Fish and Wildlife Service. See http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency- Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal agency is the lead federal agency for a project in the western 41 counties, procedures for satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will not be applicable for consideration under the SLOPES; however, information that demonstrates the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s") will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer apply/be valid. (8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf (9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an endangered or threatened species during construction, the Permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. v. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. w. The Permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the Permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. x. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the Permittee. y. It is possible that an authorized structure may be damaged by wave wash from passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The Permittee will not hold the United States liable for any such damage. z. Structures and their attendant utilities, authorized by this RGP, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. aa. The Permittee must maintain any structure or work authorized by this RGP in good condition and in conformance with the terms and conditions of this RGP. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this RGP will automatically transfer this RGP to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inform any subsequent owner of all activities undertaken under the authority of this RGP and provide the subsequent owner with a copy of the terms and conditions of this RGP. bb. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. cc. Except as authorized by this RGP or any Corps approved modification to this RGP, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. dd Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ee. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~-------;? rt---ffr--.-/A ___ - ,,/ ~ . ,, _/q~ __ /· ' ,,.,,....,,, HeF~fam1nA. Bennett Colonel, U.S. Army District Commander United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee’s principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 2 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field Office. 7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 3 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. Permit Class Permit Number MODIFICATION/MAJOR 2-21 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 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 Parker Real Property, LLC, PO Box 1765, Davidson, NC 28036 Authorizing development in Brunswick County at adj. to the AIWW, at 3217 Seacrest Ave SW in Supply , as requested in the permittee’s application dated 4/5/21, incl. att. workplan drawings (4), Sheets 1-3 of 4 dated 3/5/21, and Sheet 4 of 4 dated “received 11/19/21”. This permit, issued on March 7, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil acti on; or may cause the permit to be null and void. 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, 2025 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 DE Q and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 1) Unless specifically altered herein, this Major Modification authorizes the excavation of an access channel and boat basin, all as expressly and specifically set forth in the attached letter and workplan drawings. Any additional development activities may require a modification of this permit. Excavation 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheet for additional conditions) Parker Real Property, LLC Permit No. 2-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to t he National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event follows the limits of the natural deep-water channel, the permittee and his contractor shall schedule a pre-construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre-construction conference. Dredge Material Disposal 6) No dredge material shall be placed within 30 feet of the normal high-water line. 7) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 8) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. 9) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the dredge material has been addressed. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee’s signature shown anew on the original plan. Parker Real Property, LLC Permit No. 2-21 Page 3 of 3 ADDITIONAL CONDITIONS General 11) All debris associated with the removal or construction of the permitted docking facility be contained within the authorized project area and removed to an appropriate upland location. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Sedimentation and Erosion 13) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 15) This Major Modification shall be attached to the original Permit No. 2-21, which was issued to the permittee on 1/7/21, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 16) All conditions and stipulations of the active permit remain in force unless specifically altered herein. 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 Division of Water Resources assigned the proposed project DWR Project No. 20201555v2. NOTE: A major modification application processing fee of $400 was received by DCM for this project.