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HomeMy WebLinkAbout20-20 Johnston, James & AndreaPermit Class Permit Number NEW 20-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to James and Andrea Johnston, 1255 Great Oaks Dr., Wilmington, NC 28405 Authorizing development in New Hanover County at adi to Banks Channel. at 604 North Channel Dr. in Wrightsville Beach , as requested in the permittee's application dated 8/29/19, including attached workplan drawings (3) Pages 1-3 of 3 all dated 9/19/19. This permit, issued on February 10, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation tt these terms may be subject to Imes, tmpnsonment or clvu acuon-, OF Fray causc uic yciuu< w vv 11, 1 �,u ' V-. - Docking Facility Replacement I) This permit authorizes only the demolition of the existing docking facility and the construction of the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in.the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No portion of the docking facility shall be constructed more than 89 feet waterward of the waterward edge of the existing bulkhead, to comply the established pier head line. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority or the hecretary of utt2 ana me L nau of the Coastal Resources Commission. te' Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. �C?HecR e.3 _ Signature of Permittee r James and Andrea Johnston Permit No.20-20 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized structures and associated activity shall not cause an unacceptable interference with navigation, and shall not exceed the established Wrightsville Beach pier head line. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) This permit authorizes a maximum of 4 formalized boat slips. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's areas of riparian access 8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the covered platform shall not be designed for second story use. 10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. USACE Conditions 11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hU://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. General 12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 13) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third parry. 14) The.permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. James and Andrea Johnston Permit No. 20-20 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2019-02453) issued 2/7/20. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2019-1516. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Jantes & Andrea Johnston COUNTY: New Hanover PROJECT NAME: Johnston Docking Facility LOCATION OF PROJECT: 604 N. Channel Dr., Adj to Batiks Channel, Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-3-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Andco n DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: '(%Y VIA- f-6 B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 11-3-19 ADJ. RIP. PROP NOTICES REC'D: _ C) 75 DAY DEADLINE: 12-17-19 MAIL OUT DATE: 10-31-19 PERMIT FINAL ACTION: ISSUE DENY FEE REC'D: $250#5246 END OF NOTICE DATE: 11-24-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 11-24-19 AGENCY DATE NOTES COMMENTS OBJECTIONS: YES NO RETURNED DCM — Field Rep ZZ 4.Atu- 54 Local Permit Officer DCM DCM — LUP Consistency Determination It Rural Development Division ti ; }� Cs DEMLR— Stormwater&SedBrosion/ "Iti .(t_ DWR-401 Ill(7 Q Zo19—(5'1(c t(j,(✓ DOA — State Property Office DMF — Shellfish Section r( ej 19 NCDOT DMF — Habitat & Enhancement t(N X DWR— Public Water Supply Ll W 9 1G USACE — Regulatory Z — 24 DNCR— Archives &History DNCR — Natural Heritage Program WRC — Wildlife Resources Commission !I o'4I IP RECOMMENDATIONS FOR James & Andrea Johnston 10/22/19 The total area of floating dock and platform was calculated as follows: Shoreline length = 75 ft. x 8 ft. = 600 ft' allowable Walkway = 6' wide = not counted for access credit Covered platform = 14 ft. x 14 ft. =196 ftz Proposed floating docks = 6 ft. x 26 ft. = not counted for access credit 6 ft. x 24 ft. = 144 ftz 6ft. x24ft. =144ft' Total = 484 ftz The docking facility would provide docking space for up to four (4) vessels at this location. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(bx6), including the eight square foot rule and the pier width rule. Specifically, the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6XG)(iii), including the official pier -head line established by the Town of Wrightsville Beach, the 1/4 width and channel location. The proposed structures would be located entirely over open water within the applicant's area of riparian access. if there are no objections from any of the resource agencies and it is found consistent with all other state and federal requirements, it is recommended that any permit issued should include standard conditions for docking facilities. NORTH CAROLINA F,'rsvuruinieut<rl Ouabt�' October 31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City; NC 28557 Fax:252-247-3330 (Courier41-12-09) gregg bodnar(d)NCDENR:gov .SUBJECT: CANIA/Dredge and Fill Application Review ROY COOPER 'wri!„r MICHAEL S. REGAN ni✓, BRAXTON DAVIS pundnr, Orrrsinn MCaNael Applicant: James and Andrea Johnston Project Location: 604 N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to replace an existing private docking facility Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Gregg Bodnar at the address above by �VoY m6et;?24 LyM -If-you — -- have any questions regarding the. proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: 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. Pffi T,IdA e mk(I( 4/mw✓1 ARM0 Pkbk 1A)RA( Eu /2t NA SIGNA'A(2E '1'21A1 DATE It_t(`(q State of North Carolina I Environmental Quality I CoastafManagement 127 Cardinal Drive Est:, Wilmington, NC 28405 919 796 7215 RECEIVE® NOV 5 2019 MP SECTION MHD NORTH CAROUNA , l';l+ulrnnnrenlul �litu![ti' ^ ' October31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC'28557 Fax: 252-247-3330 (Courier 194249) areaQ.bodnar aNCDENR.gov SUBJECT:- CAMA /Dredge and Fill Application Review .Applicant; James and Andrea.Johnston RO.Y COOPER Gmutlnr MICHAEL'S. REGAN Seerelop BRAXTON DAVIS Dimvtaq DiFNlatr itfE,lwwal Afunageineat. Project Location: 604N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to replace an existing private docking facility. Please.indicate below your agency's position or viewpoint on the.proposed project and return this form to Grego Bodnar at the address above by November 24,, 2019 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423. when appropriate; ,in-depth commentswith 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:. Thiswagency-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. PRI_NT;NAME �;(/{R�� �II �Gt-tYi$'T AGENCY ,. IIIWiL{ii" dw m mr—wila /'r' X .DATE NOV 5 2019 UP SECTION Il HD State of North Carolina i Environmental Quality I Coastal Management 127 Cardinal Drive Ext, WilminbHon, NC 28405 919,796.721S NORI H CAROLINA LYn•ironmenial Oaolitt, October 31. 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar()NCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: James and Andrea Johnston ROY COOPER Omemor MICHAEL S. REGAN Sec"rmr7 BRAXTON DAVIS Dtnenre Llirisirui nf('nmt¢I hlnnnArvxary Project Location: 604 N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to replace an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 24, 2019 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 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. PikiArrWAM]E_ Shannon Jenkins M NCY NC DMF - Shellfish Sanitation RECEIVE® / SIGNATURE `1 4 6W for Shan non Jenkins NOV 1 2 2019 DATE 11/o5/zols MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 ;._ �. ROY Co.oPER ;1� ('"tumor. iir'W MICHAEL,S. REGAN s�1te1). BRAXT.ON DAVIS Nt.IRT±1 Ct3Cl,INP I]trccmr,-Div,.o„m i fCuustol Em Jluron;„w4u' slit vifL 1iiltr4kYNtCitf October 31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant. Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC M57 Fax: 252,247-3330 (Courier 1142-09) areoo.bodnarCc NCDENR:eoy SUBJECT: CAMA %Dredge and Fill Application Review Applicant: James,and Andrea,Johnston i Project Location: 604.N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach; New Hanover County Proposed Project: Proposal to replace an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed_ project and return this form to Gregg Bodnar at the address above by `November 24, 2019, if you have any questions regarding the proposed project,, contact Patrick Amico at (910) 796-7423 when appropriate,, in-depth comments with supporting data is requested. REPLY: K 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 ' ' ( A' 44 r '1 r' ✓ AGENCY NC v en I . C)J w ntYh A,-C— _ SIGNATURE M DATE State dNortL Carolina I Euviromncrdal Quality I Coastal Management 127 Cardinal Drive Ext- Wilnungton, NC 28405 9197967215 RECEIVED NOV 1 3 2019 MP SECTION MHD wpmv"r Received: 11/08/2019 State.Historic Preservation 0ffic6RoY—'C00PEP,1 MICHAEL S.,IkEGAN l3kAXToN, bkvis -October 31, 2019 ER 19-327 . 3 MEMORANDUM: lzk6m: Grego.bodnar, Assistant Major Permits Coordinator Due�-a 11/20/19, NdbEQ - Division of Coastal Management 460 Commerce Avenue, Morehead City, NC 2.8557 07 Fax 20-247r3330 (Courier 11-12-09) qr'ea6.6odnar(a)NCDENR.qov A - SUBJECT: CAkA 1,Drbdge and Fill Application Review .Applidant: Jaine§'and Andrea Johnston Project Location: 604 N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, 1\16w.hanoverCounty -Pir000sed Project: Proposal to replace an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed,pfoject and return this form to Gregg Bodnar at the address above by November 24, 90-19. If you haVeany questions regarding the proposed project, contact Patrick Amico at (910) 796-7,423: when appropriate, in-depth"corhments with supporting data is requested. REPLY: This�a.gency has no objection to the Project as proposed. "Additibnal 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.bornment§. PRINT -NAME Renee Gle , dhill-Earley AbffkdY State Histbric Preservation Office CEIVED R SIGNATURE Am. ENOV 1 5 2019 WE MP SECTION MHD 127Cudiiul I)d,cFxt..Wil,iiiilgto,LNC28AQ5 9197967215 ROY COOPER 4 ', •e Govelvar �� MICHAEL S. REGAN 4rr.lul7• BRAXTON DAVIS NORTH CAROLINA Dilecair, Di•isiim n(Cr aslul E'nvirrmmentol QuaNty Management October31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) areac.bodnar cDNCDENR.aov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: James and Andrea Johnston Project Location: 604 N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to replace an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by N vo ember 24, 2019j If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Dan Sams ADEMLR RECEIVE® SIGNATURE Lb.". NOV 1 S 2019 POP c7ECT1ON MH D DATE Nov 15, 2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 t NORTH CAROLINA Einw—DIwwwal Equalgi, October 31;.20:1.9 MEMORANDUM: FROM: .SUBJECT: Gregg "Bodnar, Assistant;MajorPermks; Coo diriator NCDEQ - Division';of Coastal Management 40Q,Commerce:Avenue; Morehead.City, NC 28557 Fax: 252-247-3330 (Courier,11-12-09) (Z areaa.bodna DNGDENRaov . CAMA /D,redge'and Fill, Appfication:Re,v1eW ROY COOPER Gove ar MICHAEL S. REGAN lecrefamy BRAXTON DAMS Dimmer. 1,11VIign'fCon,nal b(anagamenf Applicant;, James pntl Andrea,;Johnston Project Location; 6o4 N.Channel'Dr; adjacent to Banks"Channel'imlNrightsvlle:Beach, New'Hanover County ;Proposed,,Pioject: Proposal to replace:an,existing private docking facility. Please ndicate below. youragency's position orviewpoint on the pro oosed projecf'and return'thislorm to Greaa 8odnarat the address ab"ove.,by. N ember. 2d,-2019J If you have any questions regarding.'the proposed project,. contact Patrick Amico at (910) 796, 7423 when appr6prlate, inidepth.comments with supporting data is requested. REPLY: This agency has.noobjection to the project as proposed. h� "Additional comments may, be,attached" d� 16 This agency has�no comment on the proposed project. This agency'approves of the project only,if the recommendad changes' are,incorPt itt d.':See;attached: This agency,objects:to the project for reasons described 'in the attached comments. 91GNi4'TUR� WQAAA . Stateol'Nonh Carolina I Environmental Quality I doastal Management 127 Cardinal Drive Ecl,Wi1miagton,NC284051 -9197967215 RECEIVED NOV 2 6 2019 I IP SECTION MHD MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, James and Andrea Johnston, Wrightsville Beach — New Hanover County Date: November 25, 2019 Consistency Determination: This project is consistent with the Wrightsville Beach Land Use Plan update. The applicant proposes to replace an existing docking facility. The project is located at 604 N. Channel Drive, adjacent to Banks Channel in Wrightsville Beach, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PTA. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Wrightsville Beach Land Use Plan and offer the following continents. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation. In general, the Town of Wrightsville Beach allows development in Conservation/Developed classified ABCs which is consistent with the State's minimum use standards. The Town of Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards including those for piers and marinas. However, none of these more restrictive policies seem to be applicable to this project. This project is consistent with the Town of Wrightsville Beach Land Use Plan. Cc: File RECEIVED NOV 2 5 2019 KIP SECTION IVMH® crxq, 11-414- is I October -31, 2019 MEMORANDUM. izRom: Gregg Bc NCDEQ SUBJECT'. LAMA/ Applicant: James:arid Project Location: 604.N. Chai New Hanov P(oposed-Ptoject: Proposal ROY COOP) R clvfAv MICHAEL S. REGAN Semla�, BRAXTON DAMS D.wram; Divimm Assistant Major. Perrhit§:Codedinator mof Coastal Managerrient Avenue; Morehead City, N0.28557 and Fill Applinition Review Johnston �adiacentfo Banks Channel in Wfig4tsvfile Beagh; anexisting privat0ockingb0#66, Please indicate below your agency's position or viewpoint on the RrqposE�d pr oject and return this{ to Gregg Bodnar at the address above by IfyOU 'have any questionsregarding the pro I posed project, contact. Patrick Amico-at (919);796-7423 when, appropriate; in-depth comment with supporting data is requested.. REP , LY: Thl&a.gencylhasbo objection to the project a&pmposed. "Additional comments maybe attached" V4 This agency1hos no comment -on the proposed projot- This. agency approyes of the project only if the:rqcqirnrnendled ch.anges are incorvor&6d. _Sbe attached. the,project' for, reasons described in the -attached comments. .AGENCY' C,t � C_ RECEIVED DEC . 2 2019 MP SECTION, FAHD bAft ob, DocuSign Envelope ID: A221OA70-F4E6-4370-943E-8A82EOOB5B30 NORTH CAROLINA bwrunmevad Ouulin- October 31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(rDNCD EN R.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: James and Andrea Johnston ROY COOPER Gorr,,,, MICHAEL S. REGAN Svne(am BRAXTON DAVIS Dirrd�n, lMneion o/'('mesful ,lfnnngarnrm Project Location: 604 N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to replace an existing private docking facility. Please indicate below your agency's position or viewpoint on the ro osed ro'ect and return this form to Gregg Bodnar at the address above by If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: _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. NO WRITTEN APPROVAL REQUIRED UNDER GC4175 11111111118_Chad Coburn _ _DWR CDeeuSiyneE b/y, E�NuitA. 12/17/2019 M State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 RECEIVED DEC 1 7 2019 MP SECTION MHD Bodnar, Gregg From: Mairs, Robb L Sent: Wednesday, December 18, 2019 3:15 PM To: Bodnar, Gregg Subject: RE: Projects Hey Gregg, Please see comments below in blue next to applicant. Thanks and happy holiday to you too. Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairs(a)ncdenr.gov https://deg. nc.gov/about/divisions/water-resources/water-resources-perm its/wastewater-bra nch/401-wetlands- buff er- ep rmits 127 Cardinal Drive Extension Wilmington, NC 28405 awl Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Wednesday, December 18, 2019 8:26 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Projects Hey Robb, Checking in on a few... Bogue Front This will not require written approval, letter to follow (DWR#2019-1552) Damon Lilly This will not require written concurrence. Letter to follow (DWR#2019-1602) Neil McIntyre- This will not require written concurrence. Letter to follow (DWR#2019-1601) John McCracken This will not require written concurrence. Letter to follow (DWR#2019-1636) LTR Properties LLC This will not require written concurrence. Letter to follow (DWR#2019-1600) James and Andrea Johnston Chad Coburn issued this one. No written concurrence required (DWR# 2019-1516) Thanks and Happy Holidays, Bodnar, Gregg From: Currey, Gregory E CIV USARMY CELRP (USA)<Gregory. E.Currey@usace.army.mil > Sent: Friday, January 10, 2020 4:25 PM To: Bodnar, Gregg Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<maiIto: report.spam@nc.gov> Gregg, LTR Properties is out of the PGP 291 comment period. I need to compile the comments and get a decision made. Try to do this next week. I have not looked at the other 3 yet. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, January 10, 2020 1:32 PM To: Currey, Gregory E CIV USARMY CELRP (USA)<Gregory.E.Currey@usace.army.mil> Subject: (Non-DoD Source] Projects Afternoon Greg, Just want to check in on a few I know your working on... Johnston McCracken LTR Properties Town of Ocean Isle Beach P. R U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02453 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Location description: James and Andrea Johnston RECEIVED vD 1255 Great Oaks Drive Wilmington NC.28405 F E B 1 0 2020 Nearest Town Wrightsville Beach Banks Channel River Basin Onslow Bay 03020302 Coordinates Latitude: 34.215535P P S EECT `O N M H D Longitude:-77.7961 Description of projects area and activity: The proposed Project is the replacement and re -design of an existing dock. The new dock will consist of a pier a gazebo platform a Boating dock spine and two Boating docks. This new dock will provide 4 boat slips Impacts to Banks Channel will consist of 700 snuare feet of shading of navieable waters. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: RGP 197800056 and SPECIAL CONDITION 1 below: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http�//www.fws.pov/nc-es/mammal/manatee puidelines.pdf. ALSO SEE ATTACHED RGP Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached drawings dated September 19, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 251-4707 or Greeorv.E.Currev(a.usace.armv.mil. Corps Regulatory Official: Date: February 7, 2020 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it me� (r1t e�alEO under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date hE'I�}( ouldyo"u� decide to submit an RFA form, it must be received at the above address by FEB 5 2020 MP SECTION MH® It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: CURREY.GREGORY.EUGENE.1051011950 OIgintYslgn¢ bYNFAEY.GREWRYEUGME1051011950 NW.20=10714000O 5W Gregory Currey The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corl2smgpu.usace.army.mil/cm al2ex/f9p 136:4:0. Copy furnished by email: Overbeck Marine (Daniel Shirley) NC DCM (Greve Bodnar) NC DCM (Patrick Amico) NC DWR (Robb Mairs) 1 l�Jr ♦ 1 ` F E B 1 0 2020 MP vECTION MHD 1 Action ID Number: SAW-2019-02453 County: New Hanover County Permittee: James and Andrea Johnston Project Name: James and Andrea Johnston Dock 604 N Channel Drive Date Verification Issued: February 7.2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date DCM Coordinator: Permit #: Permittee: MAILING DISTRIBUTION SHEET a►jr I" �44s»J 12 F,,ra� Qa� it1I 4- ,��c Z Agents: 04.4il (p44-b�nrtt! . CPA DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington r�o{-n'� (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: Jordan Jessup (TBD) Greg Curry (TBD) iz Hair (Carteret, Onslow, Pender) rad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ v neder.go Public Water Supply: oreidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Curt Weychert NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: 41 Robb Mains — 401 (C'arterot, Onslow, Pender, Brunswick, New Hanov49 tine Hall - Stormw eniiou ( 401 (NCDOT-ITrunswick, New I lanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: (,ift� Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson ACM MF1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) Applicant 1: First Name ,� y..� �, S '� MI Last Name �rotlnl STD>\1 Applicant 2: First Name MI Lost Name I �014,'V5,70N If additional applicants, please attach an additional pages) with names listed. Mailing Address 125_5 (,2E OAKS D(Z. PO Box City �rCi4.vlilsw state N�= ZIP 28105 Country USA- Phone No, ext. FAX No. Street Address (if different from above) city state ZIP Email Sits 9135 (2 Ao1-. cot,, Ac.Z58)35 @ AoL, cam 2. Agent(Contractor Information Business Nerve Agem/ Contractor 1: First Name D/�n7rrZ MI Last Name g/f r/2LL- Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box city State A) ZIP sly ygv Phone No. 1 9/c 3S6 - M3exL Phone No. 2 ext. FAX No. Contractor 8 Street Address (if different from above) City state ZIP Email @ RECEIVED ovenrscerc �ar,,,�, c:ot-` <Form continues on bacb OCT 0 3 2019 DCM WILMINGTON, NC 252-808-2808 .. 1 8138 4RCOAST .. www.nccoastulmanagcmont.net Form DCM MP-t (Page 2 of 4) APPLICATION for Major Development Permit 3. Pr%ct Location County (can be multiple) Street Address State Rd. a N lHt��✓ec2 &041 N Subdivision Name City kv ir?f (off r6V i cue- State I Zip T3eAeff— NC -V'J'sv Phone No. Lot No.(s) (if many, aflech additional page with list) - - ext. I I , a. In which basin is the project located? b. Name of body of water nearest to proposed project qNC�river Cam✓ P ; &74 Z Tics C OW-J.vCZ— c. Is t star body identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Natural ❑Manmade ❑Unknown 4T`LA, i 1C- 0GL7k^I e. Is proposed x ork within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Vcs No work fags within. T-!OLl n or W RI WT-w ILLt; 13&A0 Ir 4. Site Description a. Total length of shoreline on the tract (a.) b. Size of entire tract (sq.ft.) -75 -7q DS c. Size of individual lol(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal waterlevel) 1 (If many lot sizes, please attach additional page with a list) pf NHW or ❑N W L e. Vegetation on tract LAavv (,,(Ln5S I. Man-made features and uses now on tract ANSIRC nju,tXI�L�A•t� DOff 1 elk / g. Identity and describe the existing land uses adjacent to the proposed project site. RL$rbL-T+TIiIC_ 511JUL0 h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? 1 1— (Att In zoning compliance certificate, if applicable) 7es ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes No []NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> OCT 0 3 200 DCM WILMINGTON, NC i a88-4k, OAST ., y-ment.net Form DCM MP-1 (Page 3 of 4) APPLICATION for m. (i) Are there wetlands on the site? (it) Are there coastal wetlands on the site? (fit) It yes to either (i) or (it) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. CF'A , a p. Describe existing storm water management or treatment systems. C F PL(,i1- Major Development Permit ❑Yes ?9No []Yes PNo ❑Yes ❑No 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑ ommercial ❑Public/Government 1 Rtt.)A ' Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. R C.Ce4. LA T-v-AI A -I_. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. I P- A rC— 101 CC 5 t: 77 14. > 13A4? (a L /t 0LOJL-A m.v 5/ T' d. List all development activities you propose. R�woE EXSn.,-lo DaC-LTAc it r r'-t 13u k LA /j �-t._, Aoe(c i:AC-t a Ttl e. Are the proposed activities maintenance of an existing project, new work, or both? New lti ®RrC I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres iL�nIC g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes RQNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑ []NA J. Is there any mitigation proposed? []Yes o ❑NA If yes, attach a mitigation proposal. isle" F;ANIF;Fl <Form continues on back> OCT 0 3 2019 ';�_MINGTO C 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 for the application package to be complete. hems (a) - (f) are always applicable to any ma/or 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 present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A 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 lee. Check or money order made payable to DENS. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name ELU2Ai5k_-n4- Phone No. Address 0 a A) Cww ityii hiQ, Name Tz>A&-r0,J *- SSA- ,'!IIIA itiiLL,A1" 3 Phone No. Address (peg N ClFwbL - Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ftR5311 e - Sabra Me- NP,I11 It1310 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. N rp, 1. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed bypropertyowner) 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. 1 7. 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. 1 further certity%hat th innfformation provided In this application Is truthful to the best of my knowledge. Date �/ 2 j,/ / Print Name AA'vr a2 Slfi.r�L E �J Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑D M MP-3 Upland Development CM MP-4 Structures Information RECEIVED O C 1 0 3 2014 , ,IA51 ,.. ., ,na g,•m, nt.❑cl Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYAWARINA CHARACTERISTICS a. (i) Is the docking facility/marina: []Commercial ❑Public/Omernment Private/Community c. (I) Docks) and/or piers) III) Nun. — (Ili) Length IN)Width I0� (v) Floating r I Yes o e. (i) Are Platforms included? 01yes ❑No If yes: (11) Number (Ili) Length �y (iv) width y r (v) Floating ❑Yes []No Note: Rooted areas are calculated from dripline dimensions. g. (I) ber of slips proposed un kh--Ler of slips existing i. Check the proposed type of siting: ❑ Land cuk alai uwtibs ciiannei ❑ on water; dredging for basin and/or channel pen water; no dredging required ❑Other; please describe: I r It. Typical boat length: IbM m. (i) Will the I ity have tie pilings? ❑Yes ANo (ii) If yes number of tie pilings? ❑This section not applicable I (i) Will the lac * be open to the general public? ❑Yes No d. (1) Are Finger Piers included? X'Yes []NO If yes: (it) Number (Ili) Length 2� r IN) Width ID (v) Floating AYes ❑No I. (i) Are Boatlifts included? (I�Yes ❑No If yes: (if) Number _r (Ili) Length (iv) widen l� h. Check all the types of services to be provided. n Full service. including travel lilt and/or rail. renair n maintenance service ckage, fuel, and marine supplies Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g.(open runabout, nhpn<, n,.nre, coil n.es mixed types). (i) WIII the far n aopen to the general public? ❑Yes No RECEIVED 2fO 6011-2.il(W t: i I :: wvd w.u,.,. uv r.1, ltwanaq(anuu t. trot OCT 032019 UCM WILMINGTON, NC revised: 92r21,06 ,drill DCM MP 4 (atractrue :'aqr+ r of 4) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be mnlrolled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpoul Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. II this project is an expansion of an existing marina, what types of services are currently provided? DECEIVED OCT 032019 DCM WILMINGTON, NC 2 s7.uu H-2ll09 :: 1-aaB4RCOA:.i www.u,: u�:.ue•iluuuiuttty�fetp,n,.; revised: 1227i 06 nf'M IMPS (Strur, ttro•:, pago'i of m. Is the madna/docking facility proposed within a primary or secondary nursery area? []Yes [:)No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (5B), or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ❑None p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (Including covered lies) a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivaterCommunity (it) Number (iii) Length (iv) Width Note: Reeled areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetplle, etc. If a rock groin, use MP-2, Excavation and Fill.) a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) a. Length c. Maximum distance beyond NHW, NWL or wetlands This section not applicable section not applicable section not applicable b. Average distance from NHW, NWL, or wetlands 16. MOORING PILINGS and BUOYS AThis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommuniry c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing It. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 0 3 2019 DCM WILMINGTON, NC 252-808-71I1a, i-hnit ,.,n,-. I.:Iium,'n LUPt revised; 12,27.06 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Prmdmity of abucture(s) to adjacent riparian property lines >_ 15) Afore: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body .*/ 690 r e. (i) Will navi a' net aids be required as a result of the project? ❑Yes No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structures) to adjacent docking facilities. 2'7' a- A� 30 d. Water depth at waterward end of structure a 011i NWL -ti, 8. OTHER ❑This section not applicable a. Give complete description: 56E- NArzRAn✓C Date �/ZT9 Project Name Applicanrt Namg__ Applicant Suture RECEIVED OC 1 0 3 2019 DCM WILMINGTON, NC :.,i 800-2130..:: bbr. 'uP.nnl, I revised: 12127100 BARTON & SANDRA WILLIAMS 800 N. CHANNEL DR. WRIGHTSVILLE BEACH N KONRADY O 6D4 N. CHANNEL OR. m WRIGHTSVILLE BEACH i m O n _ o n rn DAVID & ELIZABETH WEATHERFORD 802 N. CHANNEL DR. WRIGHTSVILLE BEACH I& SETBACK V WALKWROUND TO KEEF CLEAR OF THRU-TRAFFIC L INGSTATION K BOX 6' 40' 14' x 14' PLATFOM W/GAZEBO ROOF - I- 18' SETBACK OAT LIFT --BANKS CHANNEL 640' ALUMINUM RAMP- 6 x 26' SYSTEM BANKS CHANNEL - �I _I N SS 3 2 SWIM LADDF_R 10 WO L8 BOAT LIFT 4 SLIP FACILITY 3506 TALL PINE CT PAGE1 OF WILMINGTON, NC 28409 ^� '^m lgsv °"m" PAGE-01 o°i,•,,,, _ CMGN DJS eeN T•� KONRADY 604 N. CHANNEL DR `�"P"`" D1 910-386-8883 WRIGHTSVILLE BEACH PIER 94' 14' x 14' PLATFORM VW GAZEBO ROOF 4 SLIP FACILITY ALUMINUM RAMP o W 1! o W o U W � Q O 10.000 LB. BOAT LIFT 4' FLOATER 3W6 TALL PINE CT KON RADY Mo. '� PAGE 2 OF 3 WILMINGTON, NC 28409 604 N. CHANNEL DR. """�"iiON '�° PAGE 02 910-3W-W83 o r lssmr�w llb WRIGHTSVILLE BEACH L...--t 0r w _ DJS _.___-_._ -i5� WA- _--� 4 604 N. CHANNEL BANKS CHANNEL 640' 'may \PIERHEAD �° SETBACK Bodnar, Gregg From: MacPherson, Tara Sent: Monday, December 9, 2019 12:53 PM To: Bodnar, Gregg; Amico, Patrick J Subject: RE: Johnston DRAFT PERMIT REVIEW Categories: Important Gregg, I have not seen us condition a permit for such a specific distance... has that been surveyed or verified. Town of WB usually requires surveys, but just checking0 Tara MacPherson Southern Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax Cara. macohersonOricdenr.cov 127 Cardinal Drive Ext Wilmington, NC 28405 t: "Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Friday, December 6, 2019 4:31 PM To: MacPherson, Tara <tara.macpherson@ncdenr.gov>; Amico, Patrick 1 <Patrick.Amico@ncdenr.gov> Subject: Johnston DRAFT PERMIT REVIEW For your review. Gregg E Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 jOffice) firr'gg,tiodnar(Nncdr'nr.f+,pu Email correspondence to and from this address is subject to the North Carolina Pub Ur Records low and may be disclosed to third parties. ROY COOPER NORTH NA Governor Environmental nfal Quality MICHAEL S. REGAN /4 Secretary BRAXTON C. DAVIS Director December 17, 2019 Mr. James Johnston (jr 8135@aol.cwm) Mrs. Andrea Johnston (alij8135@aol.com) Dear Mr. and Mrs. Johnston, This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to construct a docking facility, in New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make March 1, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, N Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM WiRO Daniel Shirley, Overbeck Marine (daniel@overbeckmarine.com) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252,808.2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James & Andrea Johnston 2. LOCATION OF PROJECT SITE: The address is 604 N. Channel Drive, adjacent to Banks Channel, Wrightsville Beach, New Hanover County. Lat:34'12'5732"N Long:77°47'45.29"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/24/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 10/03/19 (complete) Office— Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Wrightsville Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: PTA,EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned -N/A (F) Type of Structures: Existing- bulkhead and private docking facility. Planned- Replace docking facility (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) -Vegetated Wetlands (Open SF Water) Water) (additional ddi into orated) (C)Other—(Open Water) 1236SF Existing Usurpation (D) Total Area Disturbed: 1,416 ftz (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: NO 8. PROJECT SUMMARY: The applicant proposes to replace an existing private docking facility along the edge of Banks Channel. James & Andrea Johnston Page 2 9. PROJECT SETTING The project site is located at 604 N. Channel Blvd., adjacent to Banks Channel in the Town of Wrightsville Beach, New Hanover County. To locate the project site from the WiRO take US Hwy 74n6 to Wrightsville Beach. Travel across the drawbridge and keep right on Causeway Drive. Turn loft on N. Channel Blvd. just before the Causeway Bridge leading to the barrier island. Continue to the end of N. Channel Blvd. and the property will be located on the right hand side of the road, near the cul-de-sac. The project site is approximately 0.17 acres in size, and is currently undeveloped. The high ground is vegetated primarily with maintained lawn grass. The project site has approximately 75 linear feet of shoreline frontage along Banks Channel, which is stabilized by a bulkhead and Normal High Water (NHW) meets the bulkhead. There are no Coastal Wetlands on site. At the property, the applicant also maintains a private docking facility, which consists of a fixed pier (6' x 46') that extends to a covered platform (14' x 10'), which connects (via ramp) to a horseshoe shaped floating dock consisting of a 34' x 8' main spine and two 18' x 6' fingers extending towards Banks Channel, perpendicular to the shoreline. Two 13' x 13' boatlift exists at the facility. The facility sustained damage in Hurricane Dorian and one of the finger floats is currently tied behind the main spine. According to the application package, existing water depths surrounding the existing docking facility range from approximately -3.0' to -4.0', relative to normal low water (NLW). DCM was not able to locate a previous permit for the existing docking facility; however, based on historical aerial photography the existing docking facility appears to have been in place since the early 1990's. General Permit 53196 was issued to Sabra McNeill (previous owner) to replace the bulkhead in 2009. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation The waters of Banks Channel and Middle Sound are classified SB by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) and Coastal Waters by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to replace an existing private docking facility along the edge of Banks Channel. The configuration of the existing docking facility currently provides dockage for up to four (4) vessels, and that slip count would remain the same under the proposed re -configuration. A new fixed pier would extend from the center of the property and would measure approximately 6'in width by 40' in length, the open walkway would continue around a covered platform. The covered platform would measure 14' by 14'. At the terminus of the walkway would be a ramp to a new floating dock spine which would measure 6' in width by 26' in length. From the southern edge of the float on the landward most and waterward most sides would be two floating fingers, each measuring 6' by 24'. The finger floats would be parallel to the shoreline and would create a "C" shaped float. Within the "C" would be one 14' by 14' boat lift. Another 14' by 14' boatlift would be located on the northern edge of the float (see page 1 of 3). As designed, the proposed facility would increase existing platform area by 180 SF. Existing water depths in the vicinity of the proposed docking facility range from approximately -3.0' to 4.0' at NLW. In total, the proposed facility would extend approximately 89' from the waterward edge of the proposed bulkhead and would not extend -into either adjacent 15' riparian corridor setback area or beyond the Town of Wrightsville Beach pierhead line. 10. ANTICIPATED IMPACTS The proposed structures (floating docks and boatlift) would incorporate approximately 1,416 ft2 of Estuarine Waters and Pubic Trust Area, this is approximately 180 ft2 more than the existing facility, but largely within the same footprint. The proposed structures would extend approximately 89' into a waterbody, which measures approximately 640' across. This distance does not exceed the quarter width of the waterbody, nor does it exceed the established Town of Wrightsville Beach pierhead line. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement and would accommodate up to four (4) vessels within water depths ranging from approximately -3.0' to 4.0' at NLW. Submitted by: Patrick Amico Date: October 22, 2019 Office: Wilmington Overbeck Marine Construction, Inc PO Box 462 Wrightsville Beach, NC 28480 Daniel@overbeckmarine.com 910-386-8883 October 1, 2019 Division of Coastal Management (DCM) 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Application for Major Permit 604 N Channel Dr. WB, NC 28480 To whom it may concern, On behalf of Mr. & Mrs. James Johnston at 604 N Channel Dr, we are applying for a CAMA Major Permit to construct a new dock facility to replace the old facility currently in place. The existing dock facility at the property they recently purchased is in total disrepair. We are proposing to completely remove and dispose of all components of the damaged facility and then to rebuild a new 4-slip facility according to the attached drawings provided in this application. Please let us know if you need any further information or clarification for the proposed project. Thank you for your assistance in review of this application. Sincerely, Daniel Shirley, agent Overbeck Marine Construction, Inc 910-386-8883 Daniel@overbeckmarine.com RECEIVED ou 03W9 ()CM WILMINGTON, NC °, `�, WlrmnBten ❑'isMeL 7 �l " i — - � 14Milire ?omY r' O ln'gabr. Gems' •bn!i jP • GM15 1 Rpmc1-Niy H�rGGX�nPf DLLxea al•aa OY.iiSafcr CT.Mrn c' a _ SIIJ_ta l v UpX•!e1! dal! Iy • I� P OV 7 r v- AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: James and Andrea Johnston Mailing Address: 1255 Great oaks Drive Phone Number: Email Address: Wilmington, NC 28405 910-262-9624 ir}81359aol.com alj81359mac. com I certify that I have authorized Overbeck Marine Construction LLC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Now dock facility at 604 N Channel at my property located at 604 N Channel Wrightsville Beach, NC 28480 in New Hanover County. l furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature James Johnston Print or Type Name Title I ad RECEIVED Date 00 0 3 2019 This certification is valid through 12 I 31 I 19 DCM WILMINGTON, NO CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM James and Andrea Johnston Name of Property Owner: 604 N Channel Wdghtsvllle Beach, NC 28480 Address of Property: (Lot or Street #, Street or Road, City & County) Overbeck Marine Construction Mailing Address: Agent's Name #: PO BOX 462 Agent's phone #: 910-386-8883 Wrighstville Beach, NC 28480 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description nr drawinn with dimensions must be provided with this letter. I have no objections to this proposal. _ _ I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCAV in writing within 10 days of receipt of this notice. Contact information for DCM offices is available athttp:lAvww nccoastalmanagemenf nef/ yeb/cm/staff-listing orby calling 1.8884RCOAST. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. l I do not wish to waive the 15' setback requirement. (Prope ner Information) i aru James Johnston Rini or Type Name 1255 Great Oaks Drive Mailing Address Wilmington, NC 28405 City/State&jp jri8135§aol.00m alj81350mac.com Telephone Number / Email Address eh)d rg Date (Ripari�Perty Owner I rmation), - Signature 1 t lb�a- W i�� llimy Print or Type Name Mailing Address W (1 j\VS N i` r? City/SY MI, C�IJC�joI�WmS®u 00.tOin Telephone Number/culd"I— ass RECEIVED Date (Revised Aug.i2014)Q)9 t)CM WII-MINGSQUwWGa0' CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM James and Andrea Johnston Name of Property Owner: 604 N Channel Wrightsville Beach, NC 28480 Address of Property. (dot or street #, Street or Road, City & CCounty) Agent's Name #:Overbeck Marine Construction Mailing Address: PO BOX 462 Agent's phone #: 910-386-8883 Wrighstville Beach, NC 28480 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A desn;ntion or drawing. with dimensions must be provided With this letter. I have no objections to this proposal. __ I have objections to this proposal. if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCiig In writing within 10 days of receipt of this notice. Contact information for DCM offices Is available at htto-/Avww nccoastaimanartement.neVWeb/cm/staffilistinn or by calling 1 A88-4RCOAST. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 16 setback requirement. I do not wish to waive the 15' setback requirement. (Prope rnerInformation) i to Jaynes Johnston Print or Type Name 1255 Great Oaks Drive Mailing Address Wilmington, NC 26405 Cily/State)Dp jrj8135®aol.com alj81350mac.00m Telephone Number/Emall Address Dat�Ae '� (Riparian Property Owner Information) Signature Rant or Type Name L-2 k (li n dir Mailing Address Q Q Cf a� u i�i �- C �'� i � e ✓0 `�0%! dy/St Telephone Number / Email Address RECEIVED Date 14J OCT (.3 (RevlsadAW.2D DCM WILMINGTON, NC ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front if space permits. 1. u�9l W)"lilams IIIIIHIM III III 9590 9402 4542 8278 9288 18 ❑ Agent Delivery D. Is YES, %edDr�sg dl@rgW 612m Ilow 17 lJ YEA If YES, §{iAllviiy �ldrBk9 below: pNo OCT 0 3 7011 1 :)Cfvi VVII M1N(71 UN IJ( 3. Service Type D PMrlry Mvl Eapresse D Adult Slgoalum ❑ Hall Mall' - Adult Signature R"Victed Delivery D Reeggistered Mall R.Uided CeNfiad Melt® lMMery 'fled Mal neaWcled Dii ❑ RetumRn apt for ❑ collect on Dewary Me ❑cdMtlon DeweryReiir vdDatN-Y D8lgnature Canfrmatim'a 2. Ankle Number (Gensler /mm service labe.9 .. , lwl ❑ Slpom ature Cnrmatlon 7017 1450 0002 3906 2555 o I Reeaicted Dallvery Resuictsd Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 DDmesOo Return Receipt ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. 1. Ankle Addressed o:JI�%WCC10 rr 6aZchan� 0� � IIIIIIIII I'IIIIIIIIII III IIII IIIII IIIIIIIIII III 9590 9402 4542 8278 9288 25 7017 1450 0002 3906 2548 PS Form 3811, July 2015 PSN 7530-02-000-9053 x ❑ Agent ❑ Addle B. Received by(Printed Name) IC. Date, of Deli D. Is tl�vp t%TeW1yaddress bell iIV7 0No I{.YBa!'gnl�b1188e1very address below: ❑ No S C)L r, 60 << 4(- l v- b N C Dagav 3. Service Type ❑ Priority Mail Express® ❑Adult Signature ❑Raileu rid MWl,- ua Sl turo Restricted Dallvery ElRRaagqletomd Mall Ra.W.ted Ncod Moll® E' S Mary ged Mall ResWoted Delvery ❑ Relum Recelpt IM ❑ Collect an DaWery M.lae ❑ Cdlml on Dawery Raetdded Delivery ❑ Signature Confirmation"' w Mall ❑ signature Confirmation W Mal RaaMcled Defvery Rastdcled Delivery Domestic Return Receipt ROY COOPER NORTH CAROLINA aorvaaar o wkenne pil Quality MICHAEL S. REGAN BRAXTON C. DAMS October 22, 2019 ofrinctor Overbeck Marine Construction, Inc. c/o Daniel Shirley 3506 Tall Pine Court Wilmington, NC 28409 Dear Mr. Shirley: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of James & Andrea Johnston, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities at 604 N. Channel Drive, adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. It was received as complete on October 3, 2019, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is December 17, 2019. An additional 75-day review period is provided by law when such time is necessary to complete the review. if you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 3, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-I 19(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 Ire 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, Patrick Amico Field Representative cc: WiRO file USACE MHC file Chad Coburn, DWR Tony Wilson, LPO James & Andrea Johnston, Applicants �j r��o \' North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Cif ce 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910796.7EI5 NOT 1 (04'$ 1 ?wA CAMA PERMIT APPLIED FOR �-� Ll�][l�'l�I�i���,.ill►1��>•1�J•��i�J[t1�1��r1.�[+i7[i�� Hanover County. COMMENTS ACCEPTED THROUGH November24y 2019 APPLICANT: James & Andrea Johnston 1255 Great Oaks Dr uming on, NU ?b4Ub AGENT: Daniel Shirley (910) 386 - 8883 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: ROY COOPER Unnmmr MICHAEL S. REGAN tieerelury BRAXTON DAVIS fNncMr, Ix.. of Co dMawgrmm/ October 30, 2019 Advertising@stamewsoniiiie.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Terri Hamilton / New Hanover County • James & Andrea Johnston / New Hanover County • Caison's Creek HOA / Brunswick County Hello Angie: Please publish the attached Notice in the Sunday November 3, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact meat our Wilmington office. Sin rely, `�anya K PI tila� >rennittin upport &Customer Assistance cc: MHC Files Gregg Bodnar — W iRO/MHC USACE state ofNwh Cmolina I EnNromnental Quality l CoaYal Managenmt 127 Cardinal Ww Ext., Wilmington, NC 29405 9197967215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On October 1, 2019 Terry Hamilton proposed to construct a new bulkhead to replace existing at 6454 Shhmwood Rd., adjacent to Masonboro Sound, in Wilmington, New Hanover County, on October 3, 2019, James & Andrea Johnston proposed to replace an existing private docking facility at 604 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County, and on October 21, Tom Dixon & Clif Hearell of Caison's Creek HOA proposed to reconstruct a pier and dockingfacility with gazebo at Heron Watch Dr. SW, adjacent to tbeAlWW, in Holden Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico (New Hanover County) or Brendan Brack (Brunswick County), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 for New Hanover Comity or (910) 796-7270 for Brunswick County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 24, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. Excise Tax:$3,400.00 Tax Map No. Return to Chiaki Ito This instrument was prepared by: Chiaki IIIIIIIIIIIIII!III IIIIIIIIIIIAIIIII� PG: 2 62 2866 PECOPOED'. 2019020932 NC FEE $25.00 07-10-2019 NEW HANOVER COUNTY, NC STATE CC NC 09:45:04 AM TAMMY THEUSCN BEASIEy REALESTATE BY. KELLIE GILES REGISTER OF DEEDS EXTX $3400.00 DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Recording Time, Book and Page Parcel Identifier No. R05720-001-004-000 THIS DEED made thR %Sr day §f�, 2019 by and between SABRA A. MCNEILL, Trustee of the SABRA A. MCNEILL REVOCABLE TRUST dated SEPTEMBER 1, 2015 9873 Bellasera Circle Mvrtle Beach, SC 29579 GRANTEE JAMES R. JOHNSTON, SR., and ANDREA L. JOHNSTON, Trustees of the GREAT OAKS FAMMY TRUST dated MARCH 23, 2016 1255 Great Oaks Drive Wilmington, NC 28405 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land and more particularly described as follows: BEING all of Lots 79, 80, and 81, Development No. 2, Shore Acres Subdivision as the same is shown on map of said subdivision recorded in Map Book 3 at Page 1 in the Office of the Register of Deeds of New Hanover County. RECEIVED OCT 032019 DCM WILMINGTON, NC Exhibit "A" STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CERTIFICATE OF TRUST We, the undersigned, hereby confirm that: 1. I am the Trustee for the Sabra A. McNeill Revocable Trust dated September 1, 2015. 2. That I am the settlor of said trust. 3. I have the express power pursuant to the aforesaid Trust, to grant, bargain, sell, convey and dispose of the real property described herein; 4. I certify that the trust is still in effect and has not been revoked; 5. The trust utilizes a 0 number for tax identification purposes; 6. I acknowledge that this affidavit is given to certify title to: BEING all of Lots 79, 80, and 81, Development No. 2, Shore Acres Subdivision as the same is shown on map of said subdivision recorded in Map Book 3 at Page I in the Office of the Register of Deeds of New Hanover County. This the 3� day of July, 2019. ) oa Il �P� (SEAL) SABRA A. McNEILL, Trustee of the Sabra A. McNeill Revocable Trust dated September 1, 2015 RECEIVED OCT 0 3 2019 DCM WILMINGTON, NC TAM EAS EY SCH New Hanover County o Register of Deeds = o Register of Deeds 2 320 CHESTNUT ST SUITE 102 f WILMINGTON, NORTH CAROLINA 28401 t l Telephone 910-798-4530 f Fax 910-798-7716 .`n„� •tHHHHia Ha#1f 4AHH Nffif of ltl Nftf afftaHtHa HIfaHHitlfffHfH aMffH lfaf Hlf Yttfftitfff Hf11H1t1f State of North Carolina, County of NEW HANOVER Filed For Registration: 07/10/2019 09:45:04 AM Book: RB 6228 Page: 2862-2866 5 PGS $3,426.00 Real Property $26.00 Excise Tax $3,400.00 Recorder: KELLIE GILES Document No: 2019020932 •ffffff•♦ffast•♦•afaff#of#•tftftfaafaffff#ufuf♦♦tftlftu atftff#f♦fuff#fft•fflt#aff•f ltf ••ffffufa#ltfff ff DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with origis�a,J„�gpp}apnt�and submit when re-recording. F'f L.( LL�fVV1l lL 00 0 3 2019 l)CM W11.M!hGTON, NC *0 October 31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(1)NCDENR.gov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: James and Andrea Johnston ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dlreelor.. Dwivon g(Coarlal Management Project Location: 604 N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to replace an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 24, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of Nash Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 NC Division of Coastal Management AEC: Major Permit Application Computer Sheet Fee: CDAITS _ MHC cc Applicant:. S g Andva 3-ohPI Agent/Contractor: VV, JJaN�`k S Project Site County: ket., 4-a�o Staff" ArA,�� District: Wilmington Project Name: -,-OhA s�.1 00C1 v,u �Gr - Rover File: n/a iv r Basin [L _I�- Initial date of application submittal: 10 3 (� y Data applicalion'rece/ved as complete" in the Field office: (o �3r/15 Permit Aulhodzation: CAMA C3 Dredge & Fill []Both SITE DESCRIPTION/PERMIT INFORMATION ORW: 0Yes ENo PNA: Yes o Photos Taken: YesO N Setback Required (riparian): Yes No Critical Habitat: LJYes BNo ONot Sure 15 foot waiver obtained: Yea No Hazard Notification Returned: ❑Yes 2No SAV: Yes E3No ERNot Sure Shell Bottom: OYes o Not Temporary Impacts: Yes No Sure Sandbags: EJYes ISNo Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ❑Yes ONO ❑Yes [ONO Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: []Yes RG ❑NA ❑Yea ❑No ❑NA _7S FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- ose P /Z SECONDARY WATER CLASSIFICATION —OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) El High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW) WETLANDS IMPACTED AIO>�A_^ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Umonium sp.) (SS) Glasswort (Salicornia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina El (SY) Sall reed grass (Spartina altemifiora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Sclrpus 0 (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private wl D&F up to 1 acre; 3490 0 I II(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 El Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development Involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 LJ Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - II. Public or commercial/no dredge 00 and/or fill - $400 I Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number ChOotoese ChOo Dimension 1 Dimension 2 Dimension 3 Dimension 4 ese 9y 1 New Work Maint ❑ Replace ®Y $ N 54 L P 1�- L.F New Work ® Replace 1 L L Maint ❑ I ❑ Y n-N f FF 1 1 z New Work Malnt ❑ Replace V N ❑ E] a4 New Work ET Replace n 6. I r d 4F Maint ❑ ❑ Y ® N New Work Replace Melnt ❑ ❑ Y [IN New Work 0 Replace ' Malnt ❑ ❑ Y ❑ N New Work Replace ' Malnt ❑ ❑ Y ❑ N New Work D Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticlpated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One Includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or tamp Impact tamp m ads) Impact tamp Impacts) amount w Dredge ❑ Fill ❑ Both ❑ Other®� Sfc amount (4 (D S Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ , Dredge ❑ FIII ❑ Both ❑ Other ❑ e tq rto SR ,r ntw 4tr0 mcaq 919-733.2293 :: 1.888.4RCOAST :: www.nccoastolmanpgemont.npt revised: 02120H It Major Permit Fee Schedule Project Name: County: Check No & Amount: 06y;W 0060 �qU�i N� IV Development Type Fee DCM % DWQ % (14300160143510009316266253) (2430016024351000952341) I. Private, non-commercial developme that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. 11. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: 111. 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, noncommercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. I I I(C). If General Water Quality Certification No 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/7/2019 Overbeck Marine James Johnston Suntrust 5246 $250.00 major fee, 604 N Channel Dr, CS rct. Const./Daniel Bank Wrightsville Beach NHCo 9487 Shirley ROY COOPER 1 P MICHAEL S. REGAN ♦ .:ram BRAXTON DAVIS D o, fto I nvu,nn nr('rmanl Ahmogenienl October 31, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregq. bodnar(a,NCDENR..Aov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: James and Andrea Johnston Project Location: 604 N. Channel Dr., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Proposal to replace an existing private docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 24, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of Noah Carolina I Eavirotanenlal Quality I Coastal Management 127 Cardinal Drive Cxl., Wihnington, NC 29405 9197967215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: James & Andrea Johnston 2. LOCATION OF PROJECT SITE: The address is 604 N. Channel Drive, adjacent to Banks Channel, Wrightsville Beach, New Hanover County. Lot:34°12'57.32"N Long:77°47'45.29"W 3. INVESTIGATION TYPE: CAMA/Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/24/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 10/03/19 (complete) Orrice— Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Town of Wrightsville Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: PTA,EW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned -N/A (F) Type of Structures: Existing- bulkhead and private docking facility. Planned- Replace docking facility (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: ]AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (B) Non -Vegetated Wetlands (Open 180 SF Water) (additional incorporated) (C)Other—(Open Water) SF Exxisis SF Usurpation (D) Total Area Disturbed: 1,416 ftZ (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: NO 8. PROJECT SUMMARY: The applicant proposes to replace an existing private docking facility along the edge of Banks Channel. James & Andrea Johnston Page 2 9. PROJECT SETTING The project site is located at 604 N. Channel Blvd., adjacent to Banks Channel in the Town of Wrightsville Beach, New Hanover County. To locate the project site from the WiRO take US Hwy 74/76 to Wrightsville Beach. Travel across the drawbridge and keep right on Causeway Drive. Turn left on N. Channel Blvd. just before the Causeway Bridge leading to the barrier island. Continue to the end of N. Channel Blvd. and the property will be located on the right hand side of the road, near the cul-de-sac. The project site is approximately 0.17 acres in size, and is currently undeveloped. The high ground is vegetated primarily with maintained lawn grass. The project site has approximately 75 linear feet of shoreline frontage along Banks Channel, which is stabilized by a bulkhead and Normal High Water (NHW) meets the bulkhead. There are no Coastal Wetlands on site. At the property, the applicant also maintains a private docking facility, which consists of a fixed pier (6' x 46') that extends to a covered platform (14' x 10'), which connects (via ramp) to a horseshoe shaped floating dock consisting of a 34' x 8' main spine and two 18' x 6' fingers extending towards Banks Channel, perpendicular to the shoreline. Two 13' x 13' boatlift exists at the facility. The facility sustained damage in Hurricane Dorian and one of the finger floats is currently tied behind the main spine. According to the application package, existing water depths surrounding the existing docking facility range from approximately -3.0' to -4.0', relative to normal low water (NLW). DCM was not able to locate a previous permit for the existing docking facility; however, based on historical aerial photography the existing docking facility appears to have been in place since the early 1990's. General Permit 53196 was issued to Sabra McNeill (previous owner) to replace the bulkhead in 2009. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground portion of the property as Conservation The waters of Banks Channel and Middle Sound are classified Sit by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) and Coastal Waters by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to replace an existing private docking facility along the edge of Banks Channel. The configuration of the existing docking facility currently provides dockage for up to four (4) vessels, and that slip count would remain the same under the proposed re -configuration. A new fixed pier would extend from the center of the property and would measure approximately 6'in width by 40' in length, the open walkway would continue around a covered platform. The covered platform would measure 14' by 14'. At the terminus of the walkway would be a ramp to a new floating dock spine which would measure 6' in width by 26' in length. From the southern edge of the float on the landward most and waterward most sides would be two floating fingers, each measuring 6' by 24'. The finger floats would be parallel to the shoreline and would create a "C" shaped float. Within the "C" would be one 14' by 14' boat lift. Another 14' by 14' boatlift would be located on the northern edge of the float (see page 1 of 3). As designed, the proposed facility would increase existing platform area by 180 SF. Existing water depths in the vicinity of the proposed docking facility range from approximately -3.0' to -4.0' at NLW. In total, the proposed facility would extend approximately 89' from the waterward edge of the proposed bulkhead and would not extend into either adjacent 15' riparian corridor setback area or beyond the Town of Wrightsville Beach pierhead line. 10. ANTICIPATED IMPACTS The proposed structures (floating docks and boatlift) would incorporate approximately 1,416 ft2 of Estuarine Waters and Pubic Trust Area, this is approximately 180 ftZ more than the existing facility, but largely within the same footprint. The proposed structures would extend approximately 89' into a waterbody, which measures approximately 640' across. This distance does not exceed the quarter width of the waterbody, nor does it exceed the established Town of Wrightsville Beach pierhead line. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement and would accommodate up to four (4) vessels within water depths ranging from approximately -3.0' to -4.0' at NLW. Submitted by: Patrick Amico Date: October 22, 2019 Office: Wilmington Overbeck Marine Construction, Inc PO Box 462 Wrightsville Beach, NC 28480 Daniel@overbeckmarine.com 910-386-8883 October 1, 2019 Division of Coastal Management (DCM) 127 Cardinal Drive Extension Wilmington, NC 28405 Re: Application for Major Permit 604 N Channel Dr. WB, NC 28480 To whom it may concern, On behalf of Mr. & Mrs. James Johnston at 604 N Channel Dr, we are applying for a CAMA Major Permit to construct a new dock facility to replace the old facility currently in place. The existing dock facility at the property they recently purchased is in total disrepair. We are proposing to completely remove and dispose of all components of the damaged facility and then to rebuild a new 4-slip facility according to the attached drawings provided in this application. Please let us know if you need any further information or clarification for the proposed project. Thank you for your assistance in review of this application. Sincerely, 1 Daniel Shirley, agent Overbeck Marine Construction, Inc 910-386-8883 Daniel@overbeckmarine.com RECEIVED OCT 0 3 2019 DCM WILMINGTON, NC IN M!-1 APPLICATION for Major Development Permit (lest revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name (it applicable) Applicant 1. First Name SA N', IE S MI Last Name �aMn, 5T�.1 Applicant 2: Fret Name MI Last Name AeJ 641EA- S01+n;57-0 1/ U additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City state /Z55 (vim+ 44<C; be. Gi., le- $,., ,o>< NC ZIP Country Phone No. FAX No. 281';(O5 L(5A- I - an - Street Address (if dAterent from above) CRY State ZIP Email S(zS 9135 (2 Aoc., Cow AG.Zy 8)35 @ Ao�, 2. AgenNContractor Information Business Name 0V&-RT3E0C /t 0 f?1,vi- AgenV Contracor 1: First Name D4^;tL-Z MI Last Name . 51fflat� Agent/ Contractor 2: First Name MI Lest Name Mailing Address PO Box 9(92 City lr rtf/ ,C it - Slate ZIP SByg� Phone No. 1 oc� `1Jo -3$b • 8F383azt. Phone No. 2 ext. FAX No. Contractor i Street Address (if different ham above) City State ZIP Email RECEIVED �RNr�L �' Durnr3ccrc /u,�4r,,•�, G'°��-` <Form continues on back> OCT 0 3 2019 DCM WILMINGTON, NC ,.,lmn na gement. it 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. s /UWV /4r+�✓ec2 &014 N CNAtV.ve"L b.R. Subdivision Name city /ru?r(at iSU iu.if- State 1 Zip 5exie*— AK Phone No. Lot No.(s) (if many, attach additional pago with list) - - ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project eAre reAiz TAT'-eS (;62— c. Is ttlawater body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. 00flatural ❑Manmade ❑Unknown �'(•�As„� IC_ QCI-�7Ni l e. Is proposed v ork within city limits or planning Jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes No work falls within. T-Ou/, G•F / jv Rt(a+TSuILL( AC(r 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) C. Size of individual lolls) d. Approximate elevation of tract above Ni (normal high water) or NWL (normal water level) ! (H many lot sizes, please attach additional page with a list) KNH W or ❑NWL e. Vegetation on tract LAAv. J (,RASS f. Man-made features and uses now on tract D©c( k g. Identify and describe the existing land uses adjacent to the proposed project site. R t.-s I NJ:W n AL 5't � v LC 1 f � y ^r�� h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? R_ (Alt�h zoning compliance certificate, if applicable) �IYes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes No ❑NA II yes, by whom? I. Is the proposed project located in a National Registered Hisloric District or does d involve a ❑Yea ONO ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> OCT 0 3 2019 DCM WILMINGTON, W Icment.net Form DCM MP-t (Page 3 of 4) APPLICATION for m. (i) Are there wetlands on the site? III) Are there coastal wetlands on the site? (III) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. CF P,-LIr o. Describe existing drinking water supply source. n rPuA— p. Describe existing storm water management or treatment systems. C FP"A- Major Development Permit ❑Yes No Dyes PNo ❑Yes ONO 5. Activities and Impacts a. Will the project be for commercial, public, or private Lee? ❑ ommercial ❑PublictOovernment W i vAIT' )Privaa/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. RiiLAT7-Aj-4L.— "( m,-1 t.\,V c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Or Pt too rLEp to AJ 511- d. List all development activities you propose. RL'�WJE EK5tl,4 DeCK Rc tc r r-t 59 t t N N c—tv UOC'1L IC4C t La TL7 e. Are the proposed activities maintenance of an existing project, new work, or both? NEry <ti®2r� I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N,)tiff I. Will wastewater or stormwater be discharged into a wetland? ❑Yes No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑>° ❑NA j. Is there any mitigation proposed? ❑Yes KNo ❑NA If yes, attach a mitigation proposal. IZ L'liG <Form continues on back> OCT 0 3 2019 1iLN4lNGT0N, NC Form OCM 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 for the application package lobe complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on law 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 present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name NO'> t tU2011,4_71f- ilueril744tZIraft!, Phone No. Address W2 Ai Cioir ,,u(L'Z hiR. Name NPrOA) V `SA-n+.)1tA lu'"l M-S Plane No. Address 1008 N Cl{s3.w/b'L Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. (IM3M to - 2 bM 8wN6ll 111310 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. N A j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperty owner) It. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), a necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land 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 hat th information provided In this application Is truthful to the best of my knowledge. Date �/ 2`j,/ / Print Name AAti'r Z SltrryteE j Signature Please Indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts EIDPM MP-3 Upland Development CM MP-4 Structures Information RECEIVED OCT 0 3 2011, wwvr.w�,noq�imrnt.ui•1 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Jeint Application that relate to this proposed project. Please include all supplemental Information. Y. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government Private/Community ❑This section not applicable b. (i) Will the faci be open to the general public? ❑Yes No c. @ Dock(s) and/or pier(s) d. (i) Are Finger Piers included? Wyes []NO (ii) Number II yes: (iii) Lenoth (if) Number 2- 1 r (iv) Width ��,J� � Qii) Length v Floating I Yes o I (iv) Width (v) Floating Yes ❑No(e e. (1) Are Platforms included? �s ❑No I. (i) Are Boattifts included? Yes ❑No If yes: If yes: (ii) Number ---- (ii) Number G —� (iii) Length _ �y (III) Length IN) Width _ tYt (iv) Width (v) Floating ❑Yes ❑No Note: Rooted areas are calculated from dripline dimensions. g. (i)ber of slips proposed h. Check all the types of services to be provided. Fl Full service. including travel lift and/or rail. renair nr nl`""" n��,l," be• of slips existing - maintenance service ckage, fuel, and marine supplies Dockage ('Wet slips") only, number of slips: 4- ❑ Dry storage; number of boats: _ ❑ Boat ram number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: 0 Land cut alW aCCeaa GilallllVi ❑ en water; dredging for basin and/or channel Open water; no dredging required ❑Other; please describe: I r k. Typical boat length: I bM m. (i) Will the LI Olily have lie pilings? ❑Yes ANo (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g. open runabout, charter boars. sail, Mats, mixed types). (i) Will the facgitvle open to the general public? ❑Yes Me RECEIVED OCT 032019 OCM WILMINGTON, NC LL7 imil 7low :: I -wi fw-ow-i :: www.necoastiilt,iinagenient.net revised: 12127106 %Form DCM MP-4 (Structures, Page z at A) 2. DOCKING FACILITY/MARINA OPERATIONS This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. () Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED OCT 03200 t7CM WILMINGTON, NC ,uut-2808 :: 1-888417Crrr.:, 1 .; revised: 12%27106 ¢- (it 'III nr Ni my-1 (SU uctun•s, Pm).•'4 .,t .)) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []NO o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any loxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No It yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (Including covered lift) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Pubfic/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) XThls section not applicable a. (i) Number (ii) Length (iii) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) XThis section not applicable a. Length c. Maximum distance beyond NHW. NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑Pubtic/Govemment ❑PrivatelCommunity C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing _ b. Average distance from NHW. NWL, or wetlands section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 032019 DCM WILMINGTON, NC 2b2 208 ztwn .: I -null 414COAST :: v+v,W.n....... ruvir.od; 12 21 06 Forst DCM MP-4 (Structwres, Page 4 of 4) 7. GENERAL a. Proximity of structure (s) to adjacent riparian property lines b. Proximity of stNclurAS) IDadjacent flocking facilities. I S 2i r 30 Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Wlpth of water body d. Watt{er depth at waterward end of structure a LW r N WL t 1/O e. (i) Will nevi a nal aids be required as a result of the project? ❑Yes No ❑NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER ❑This section not applicable a. Give complete description: SEA N-44Z9A1-1t)e Date Project Name IMMIEL 5ttr2LCy Applkant N�_ L1 Appllcertl re RECEIVED OCT 0 3 2019 DCM WILMINGTON, NC ..,/-7uW'2UUU I I, iul 'l;U.rrilb I wvnv.u,, mn,lalnuunyeme IIt. Ict revised: 12127106 ROY COOPER NORTH CAROLINA Govemor Environmental Quality MICHAEL S. REGAN senermy BRAXTON C. DAVIS October 22, 2019 Dire" Overbeck Marine Construction, Inc. c/o Daniel Shirley 3506 Tall Pine Court Wilmington, NC 28409 Dear Mr. Shirley: The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of James & Andrea Johnston, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities at 604 N. Channel Drive, adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. It was received as complete on October 3, 2019, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is December 17, 2019. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 3, 2019, you may request a meeting with the Director of the Division of Coastal Management and pennit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-I 19(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. Awxe ' s Patrick Amico Field Representative cc: WiRO file MHC file USACE Chad Coburn, DWR Tony Wilson, LPO James & Andrea Johnston, Applicant D North Carolina Department of Environmental Qualay I Division of Coastal Management Wilmington Ofnce 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796,7215 NOTI(01117i CAMA PERMIT APPLIED FOR PROJECT: t Hanover County. COMMENTS ACCEPTED THROUGH November24, 2019 APPLICANT: James & Andrea Johnston 1255 Great Oaks Dr aum:ng on, FTU254ub AGENT: Daniel SShieley (910) 386 - 8883 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: i` 122 Cardinal Or. Ext. wumington e ROY COOPER Gown r MICHAEL S. REGAN srcmimy BRAXTON DAVIS INrcaoq Ihvisinr, o/Cmrtal MavgrnrnM October 30, 2019 Advertising@stamewsonl ine.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Terri Hamilton / New Hanover County • James & Andrea Johnston / New Hanover County • Caison's Creek HOA / Brunswick County Hello Angie: Please publish the attached Notice in the Sunday November 3, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention ofJarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. & Customer Assistance cc: MHC Piles Gregg Bodnar — WiRO/MHC USACE Stale ofNonh Cuolina I Envi,onmrnW Quality l CoaN lMnagemmt 127 CWiml Ww E.t, Wilmington, NC 28405 9197967215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On October 1, 2019 Terry Hamilton proposed to construct a new bulkhead to replace existing at 6454 Shinnwood Rd., adjacent to Masonboro Sound, in Wilmington, New Hanover County, on October 3, 2019, James & Andrea Johnston proposed to replace an existing private docking facility at 604 N. Channel Dr., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County, and on October 21, Tom Dixon & Clif Hearell of Caison Is Creek HOA proposed to reconstruct a pier and dockingfacility with gazebo at Heron Watch Dr. SW, adjacent to theAIWW, in Holden Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Patrick Amico (New Hanover County) or Brendan Brock (Brunswick County), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 for New Hanover County or (910) 796-7270 for Brunswick County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 24, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: James and Andrea Johnston 1255 Great Oaks Drive Wilmington, NC 2W5 910-262-9824 jrj8135(Paol.wrn alj8135Qrnac. corn I certify that I have authorized Overbeck Marine Construction LLC Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: New dock facility at 604 N Channel at my property located at 604 N Channel Wrightsville Beach, NC 28480 in New Hanover County. l furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature James Johnston Print or Type Name o-I)Pie,- 1 Title / a� RECEIVED Date OCT p g 2019 This Certification is valid through 12 / 31 1 19 l)CM WILMINGTON, NC CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONANAIVER FORM James and Andrea Johnston Name of Property Owner: 604 N Channel Wrightsville Beach, NC 28480 Address of Property: (Lot or street #, Street or Road, City 8 County) Agent's Name 4:Overbeck Marine Construction Mailing Address: PO BOX 462 Agents phone #: 910-386-8883 Wrighstville Beach, NC 28480 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be Provided with this letter. Y, I have no objections to this proposal. ___ __ I have objections to this proposal. If you have objections to what Is being proposed, you must notify the Division of Coastal Management (Dchg In writing within to days of receipt of this notice. Contact information for DCM offices Is available at http•/Avww nccoastalmanagement neVWeblcm/staff-listing orby calling 1-888.4RCOAST. No response Is considered the same as no objection If you have been notified by Certified Mall. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me, (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. l 1 do not wish to waive the 15' setback requirement. (Prope nor Information) 712 i alu James Johnston Print or Type Name 1255 Great Oaks Dove Mailing Address Wilmington, NC 28405 Cify/stateaip jrj8135@?aol.mm alj81350mac.com Telephone Number/Email Address Fiti(rw Date (Riparian P erty Owner I drmation . Signalure Print or Type Name 60� N • Malling Address Crty/S ZP C�OCbo��WmS® yp )OOO•COrn Telephone Number / Email Aaoress RECEIVED �i-yin-lq Date (Rev sad %4rig.1`1G1 �D I9 0Ch4 WILMINGjQLL Urw- ' �Y •'�1' CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION[WAIVER FORM James and Andrea Johnston Name of Property Owner: 604 N Channel Wrightsville Beach, NC 28480 Address of Property. (Lot or Street #, Street or Road, City & County) Agent's Name It. Overbeck Marine Construction Mailing Address PO BOX 462 Agents phone #: 910-386-8883 Whghstville Beach, NC 28480 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A descrilption -r a-a•^n^ with dimensions must be provided with this letter. I have no objections to this proposal. _.. _._ I have objections to this proposal. If you have objections to what Is being proposed, you must notify the Division of Coastal Management (DCIYQ In writing within 10 dtion for DCM offices is ays of re^o1mt of this notice. contact n npmveblcmisfat%1 sting o� Yacalling 1.888-4RC0 ST No response Is WAIVER SECTION understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15, setback requirement. 7:1 norinformation) r atu James Johnston Print or Type Name 1255 Great Oaks Drive Mailing Address Wilmington, NC 28405 City/Stat&Mp 191350aol.00m eij81350mac.com Telephone Number / Email Address eW ( rq Date (Riparian Property Owner Information) Signature i ; u, orti�lw ��- Print or Ty Name Mailing Address if 4isut I1 City/stat Zip Telephone Number / Email Address RECEIVLD Date OiT C. ;, n (Revised Aug. 2014) UCM WILMINGTON, NC ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, S' or on the front if space permits. 1. Article Addressed to: safft�� ��Nal� II I IIIIII IIII III I IIII III I I II II III I II I II III III 9590 9402 4542 8278 9288 18 7017 1450 0002 3106 2555 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed o: - 66Z��an�' �r � CIYfI u6?Nt6 ❑ Agent of Delivery UYAWS D. Is delivery a ES, erd ddOvtiy�dddratibelow:17 13 No OCT o s 7019 Service Type ❑ Prbrity Mail Express® Adult Signature ❑ Rogistered Melee Atluk Signalae Reeldcled Delivery ❑Oegls Mall A.Wated cetllled Mall® eeIIHH 'C,uW Mail Restricted Delivery ❑ Ipt fa Ma�� A`=" an=! 0slgnaleaconrrmali«,•� COYmlon DelWay flesidcted OeVvery •.. ..••sell D Signature Conhmatbn Apll flasVbted DeYvery n, R%Wcled Delivery Domestic Return Receipt A Signatufet f_ a '- x 13 Agent I C. Datgof Delivery 5111Wtef delivery address below: ❑ No sue, A c+o <<�- w . a tic D848c) d type ice lWra DRegiw Mel l Up IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII &fttierSig ❑ Adua ❑ Registered ail- tl Signature Restricted Delivery ❑ fl 1 tend Mall R WClel 9590 9402 4542 8278 9288 25 sued MMalllRReafttad Deavery ❑ �� Receipt f« ❑ collect on Delivery Merdh ise 2. Article Number ffimsfer ham eere/de fede0 _ 0 collect m call, Restricted Delivery rb Mwl ❑SignorasCofo-matiw- ❑ Signature Confirmatim 7017 1450 0002 3906 2548I ReeWgted DeMery Resekved Dei ey PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Recelpt r s� a: A y� r — fi +VtLMi, YV • CN, hiC` a4; �•s��rd 4r �t =i � ` ,'�1 4 1• •i a "^ •� � ` u0t 6nV et :°xOWI �srl nt3 SeW eaadop -' !/ r a Aq..yp�uEb c J✓ . [ S � 4ucH �•w•y) vole&.vy • �+ ' i° G+�j iaws�p uwBYUW!M BARTON S SANDRA WILLIAMS 608 N. CHANNEL DR. WRIGHTSVILLE BEACH KONRADY 604 N. CHANNEL DR. IT m WRIGHTSVILLE BEACH = m U O O orn 0 o Oi O c in Z DAVID 8 ELIZABETH WEATHERFORD 602 N. CHANNEL DR. WRIGHTSVILLE BEACH I 15'SETBACK 8 WALKWROUND TO KEEP GAZEBO CLEAR OF THRU-TRAFFIC ALUM=NUMB FISH CLEANING STATION DOCKBOX i i SYSTEM PILINGS g e O m 40' 14' x 14' PLATFORM WI GAZEBO ROOF — — 7— — — IFSETBACK 10,000 LB. BOAT LIFT 4 SLIP FACILITY OAT LIFT -BANKS CHANNEL 640' i O 6' x 26' 7 BANKS CHANNEL O O2 30' SwM.ADDER 3506 TALL PINE CT KONRADY N. A �d iPAGEI OF WILMINGTON, NC 28409 604 N. CHANNEL DR °ialitl nin°` '®�— o � 910-3WB883 WRIGHTSVILLE BEACH ,°m a 'a'�°"°°° °° PAGE-01 PIER 94' 4 SLIP FACILITY 14' x 14' PLATFORM W/GAZEBO ROOF ALUMINUM RAMP I Z 0 0 0W N M Z W m � J W V cr C 10.W0 LB. BOAT LIFT f FLOATER C: 3506 TALL PINE CT KONRADY Ro. mscrk.,, m PAGE 2OF3 �Ie WILMINGTON, NC 28409 604 N. CHANNEL DR. 910-m-8883 — DM „31.. m,° -1 PAGE-02 WRIGHTSVILLE BEACH �w . WA — -- -- — -- — ~ ie '4 �. 604 N. CHANNEL F 1 BANKS CHANNEL 640' PIERHEAD SETBACK BK: RB 6228 I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI PG: 2862-21186 2019020932 RECORDED: 07-10-2019 NEW HANOVER COUNTY, NC 09:45:04 AM TMRv THEusCH aEASI.EY RV KELLIE GILES REGISTER OF DEEDS DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax:$3,400.00 Tax Map No. Return to Chiaki Ito This instrument was prepared by: Chiaki Ito, Recording Time, Book and Page Parcel Identifier No. R05720-001-004-000 THIS DEED made thik 3r day kf / 11 W . 2019 by and between SABRA A. McNEILL, Trustee of the SABRRA A. MCNEILL REVOCABLE TRUST dated SEPTEMBER 1, 2015 9873 Bellasera Circle Myrtle Beach SC 29579 GRANTEE NCFEES28A0 STATE OF NC REAL ESTATE EXTX$W0.00 JAMES R. JOHNSTON, J ., and ANDREA L. JOHNSTON, Trustees of the GREAT OAKS FAMILY TRUST dated MARCH 23, 2016 1255 Great Oaks Drive Wilmington NC28405 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land and more particularly described as follows: BEING all of Lots 79, 80, and 81, Development No. 2, Shore Acres Subdivision as the same is shown on map of said subdivision recorded in Map Book 3 at Page 1 In the Office of the Register of Deeds of New Hanover County. RECEIVED IOU 0 3 2019 DCM WILMINGTON, NC All or a portion of the property hereinabove described was acquired by Grantor by Instrument recorded In Book 5924. Page 1035. New Hanover County Registry. A map showing the above described property is recorded in Map Book 3. Page t and referenced within this Instrument. The above described property ❑ does ® does not include the primary residence of the Grantor. 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 rightto convey the same In fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Rights of way and easements of record, If any. 2. Zoning and/or subdivision ordinances and regulations, if any. 3. Restrictive covenants of record, if any. 4. Ad valorem taxes for 2019 and subsequent years. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, orif corporate, has caused this instrufnent to be signed in Its corporate name by Its duly authorized officer(s), the day and year first above written. SABRA A. McNEILL REVOCABLE TRUST dated SEPTEMBER 1 2015 (ENTITY NAME) By: �� - Aka- lR SABRA A. McNEILL, TRUSTEE STATE OF 1, v V Z=9 2L-tr .Uu'r �W. the undersigned, a Notary Public for the State and County aforesaid, do hereby cerilfy that SABRA A McNEILL, personally appeared before me this day and acknowledged that she is the Trustee of the SABRA A McNEILL REVOCABLE TRUST dated September 1, 2015 and that she, as Trustee, being authorized to do so, executed the foregoing on behalf of the„TRUST. Witness my hand and official lstamp or seal, this the day My Commission Expires: 6'X '� amz - Notary Public " Print Notary Nam i' Otte g .'45 ry (Official seal) r �`t'` `' r NOTARY s k PUBL�G Exhibit "A" STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER We, the undersigned, hereby confirm that: CERTIFICATE OF TRUST 1. I am the Trustee for the Sabra A. McNeill Revocable Trust dated September 1, 2015. 2. That I am the settlor of said trust. 3. I have the express power pursuant to the aforesaid Trust, to grant, bargain, sell, convey and dispose of the real property described herein; 4. I certify that the trust is still in effect and has not been revoked; 5. The trust utilizes a LJ number for tax identification purposes; 6. I acknowledge that this affidavit is given to certify title to: BEING all of Lots 79, 80, and 81, Development No. 2, Shore Acres Subdivision as the same is shown on map of said subdivision recorded in Map Book 3 at Page I in the Office of the Register of Deeds of New Hanover County. This the r 3� day of July, 2019. L &-b'0 CO Ik'k-x� SABRA A. McNEILL, Trustee of the dated September 1, 2015 (SEAL) A. McNeill Revocable Trust RECEIVED OCT 032019 DCM WILMINGTON, NC STATE OF�� (I CL COUNTY O This the � day of 2019, I certify that the following person(s) Sabra A. McNeil r QS T —Lv 5T e t t personally appeared before me this day, and (I have personal knowledge of the identity of the principal(s)) or (I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a �— ) or (a credible witness has sworn to the identity of the principal (a)); each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein'and in the capactty, indicated. / /J ti l , .PUBLIC loll NF (Seal) Notary Printed or typed name My Commission Expires: yZ . N0Tggy "UBLIC TAMMY New BEASLSLEY Hanover County BE Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 I WILMINGTON, NORTH CAROLINA 28401 Telephone910-798-4530 f Fax 910-798-7716 N-T V s. .. Owl 0' *+ 4.PsNJSt-hk ' State of North Carolina, County of NEW RANOVER Filed For Registration: 07/10/2019 09:45:04 AM Book: RB 6228 Page: 2862-2866 5 PGS $3,426.00 Real Property $26.00 Excise Tax $3,400.00 Recorder: KELLIE GILES Document No: 2019020932 1 #iH H#f ff4 H*1 HfHtR Htf#f f1tf H1#1 H ffYif%k#if %%%%;f H#1Hf H;1 HIIf f1f f Ifff R**H**11 **%f*1f###Hf 1*f HfY DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with origin �gpHmpnL�and submit when re-recording. (�C�V ClJ OCT 0 3 2019 DCM WILMINGTON, NC