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HomeMy WebLinkAbout13-20 MacIntyre, NeilPermit Number Permit Class 13-20 „ ftW STATE OF NORTH CAROLINA Depar(rnent of Environmental Quality and Coastal Resources Commission O for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Neil R. MacIntyre, 72 Pelican Dr. Wrightsville Beach NC 28480 Authorizing development in New Hanover County at adi to Lee's Cut at 72 Pelican Dr in Wrightsville Beach . as requested in the permittee's application dated 9/5/19 (I f_1 2) and dated both 9/5/19 and "Received DCM Wilm 9/25/19" (MP 4) including attached workplan drawings (3) Pages 1-3 of 3 all dated 9/17/19. This permit, issued on January 9, 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 �ot;nn• nr may oa„se the hermit to be null and void. ------ Docking Facility Replacement and Expansion 1) 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) 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permatee or omeI 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. _r nvn .,..A «h. f`h.ir alrucu oy ulo auuAm- of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Nei,;,R. MacIntyre ADDITIONAL CONDITIONS Permit No. 13-20 Page 2 of 3 3) 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. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of 4 formalized boat slips. 6) 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. 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. Shoreline Stabilization - Bulkhead 8) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 9) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction.. 11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 12) The bulkhead shall be constructed prior to any backfilling activities. 13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 14) The fill material shall be clean and free of any pollutants except in trace quantities 15) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 16) All fill material to be placed below mean high/normal water level shall be confined behind the permitted bulkhead. Neil R. MaeIntyre Permit No. 13-20 Page 3 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 17) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfrlling activities. General 18) 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. 19) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permits 56 and 80 (Action ID SAW-2019-02260). 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. 2019-1601. 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. ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director File Note: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, DCM Assistant Major Permit Coordinator) yK/ SUBJECT: LAMA Permit No. 6-20 Neil Maclntyre changed to CAMA Permit No. 13-20 DATE: 1/28/19 An error with the 2020 MP log caused 6-20 to be duplicated with an express permit out of WiRO. When the error was caught the Maclntyre permit was given a new permit no. 13-20 and was re -distributed to agencies and the applicant. In the email distribution the error was described, and the recipients were asked to replace No. 13-20 as the official CAMA Permit. ) PT North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Permit Class Permit N ber NEW fiefo STATE OF NORTH CAROLINA Department of Environmental Quality O and U Coastal Resources Commission V ermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Neil R. MacIntvre, 72 Pelican Dr., Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at adi. to Lee's Cut at 72 Pelican Dr., in Wrightsville Beach , as requested in the permittee's application dated 9/5/19 (MP-1 2) and dated both 9/5/19 and "Received DCM Wilm 9/25/19" (MP-4) including attached workplan drawings (3) Pages 1-3 of 3 all dated 9/17/19. This permit, issued on January 9, 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 H meSC LMUS may Or JLLUJOUL LV luirb, 11111J11bU11ruGl4 V1 L.L Vll aL Llvll, vL L..ay L.auo.. u... F ......,. w w .•.++. �.�� Docking Facility Replacement and Expansion 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) 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. f yr Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: _ -klm ___ G%N�Vu Type: (Check all that apply) New / Major Mod Permit# Minor Mod Renewal Transfer Permit Coordinator: Field Representative r^ Date Time l^ j Message I ttlII lVll9 l�t�� 1�C�G4 Iv"'t�L PA- �114 . io t�Ltl Jc- r t4P4 '(60 3l� v4P� -%5 br4( ° SPY lS�lo b-Zn � j c�Nc ;� �aS rrm"I DCM Coordinator: I Mz' Permit #:— `\010 MAILING DISTRIBUTION SHEET Permittee: DCM Field Offices a it Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington ?4f ,dC (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Cur ituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Wilmington: Jordan Jessup (TBD) Greg Curry (TBD) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Curt Weychert `rt- I-� ff) �)�_ c\ �( NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufoil, Bel -tie, Caniden, Carteret, Chowan, Craven, Currituck, Dalc, Gates, l lcrtford, I lyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuk - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: ���� (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Neil R. Maclntyre do Tongue & Groove, LLC COUNTY: New Hanover PROJECT NAME: MacGrryre Docking Facility LOCATION OF PROJECT: 72 Pelican Drive, Adj to Lee's Cut, Wrightsville Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-8-19 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Anrico DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMI UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 11-21-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 1-22-20 MAIL OUT DATE: 11-19-19 PERMIT FINAL ACTION: ISSUE DENY To Be Fonvarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC'D: $250#5243 END OF NOTICE DATE: 12-12-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 12-12-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Local Permit Officer DCM DCM — LUP Consistency Determination Rural Development Division t Z t4 )C DEMLR — Stormweter & Sed/Erosion s t/ w ,FIL DWR —401 `ihoh? DOA — State Property Office tZ 6 1 k DMF — Shellfish Section `1 ZL ! NCUOT DMF— Habitat&Enhancement 17 ly 4 DWR— PublicWaterSupply t`216111 )G USACE— Regulatory 17, lu hi 7,01 -07.?W 6P 7, DNCR—Archives&History Z! 2 (4 DNCR — Natural Heritage Program WRC — Wildlife Resources Commission {Z II 4 RECEIVED NOV 2 0 Z019 r> ''o-MHD CITY 11/12/19 The total area of floating docks and platform was calculated as follows: Shoreline length = 70' x 8 flx = 560 ftr Fixed platform = irregular area over open water = 138 IF Main spine floating dock = 37' x 6' = 222 f 2 (not calculated due to alignment) Shore parallel floating dock= 40' x 8' = 320 112 Floating finger pier = 17' x 6' = 102 ftz Total = 560 ftl It is the staffs recommendation that the new bulkhead waterward of an existing bulkhead is potentially CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures. The bulkhead averages 4' waterward of NHW, with a maximum of 6' waterward of NHW. The applicant states in the project narrative that the purpose of locating the bulkhead waterward of NHW is to avoid existing obstructions. The construction of the additional floating dock at the existing docking facility would provide additional docking for two (2) vessels for a total of 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 '/, width rule, the eight square foot rule and the pier width rule. The proposed structures would be located almost entirely over open water. Within the Estuarine Shoreline, there would be 81 ftz of platform area which appears to be CONSISTENT with 15 NCAC 7H.0209 (d) (10). If the project is determined to be consistent with NCAC 07H .0208(b) (7) (Dxii) use standards for bulkheads and 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 and bulkheads. RECEIVED NOV 2 0 2019 DCM-MHD CITY ROY COOPER MICHAEL S. REGAN 4enawl NORTH CAROLINA Envirotmenad ( mdin November 19, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(a)NCDENR.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Neil Macintyre Project Location: 72 Pelican Drive, adjacent to Lee's Cut in Wrightsville Beach, New Hanover County BRAXTON DAVIS Director I)nv rm afGwxwl Management Proposed Project: Installation of new bulkhead to replace existing, reconfigure and expand private docking facility to a total of 4 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greg Bodnar at the address above by December 12, 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. PRINT NAME Dan Sams AGENCY DEMLR RECEIVED NOV 2 (02019 SIGNATURE Lb.i iJ J. h1P SECTION MH® DATE Nov 26, 2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dove Eat, Wilmington, NC 29405 919 796 7215 NORTH CAROLINA Envow"mont"I 0i"thit November 19, 2019 MEMORANDUM: FROM: Gregg Bodriairi Assistant Major Permits -Coordinator NCDlEQ - Division'of,Coastal Management 400 Commerce Avenue, Morehead City, NG 28567 Fax: 252L247-3330,'(CouriOr11--12709) qreq_q.bbdnar(cDNCDENR.qb -SUBJECT: -CAMA /Dredge and Fill -Application Review Applicant; Neil illacintvre ROY COOPER MICHAEL S. lRE6AN' 'BRAXTON DAVIS 1)10, I'll, 011611,1) 1,1'f Ww9d I) el It Project Location: 72 pplicanDrivej,adjacent to LeeFs Cut.in Wrightsville Beach, New Hanover County Pro,p0sed Project; Instaildtio.n.,of,new bulkhead to replace existing reconfigure -and expand private docking facifity to a total of 4 slips Please indicate below your agency's position, or viewpoint on the proposed project and, return this forth to Gregg Bodna afthe address above by. bce If you have any questions;reg ' arding the proposed project, contact, Patrick.Amico at (910) 796-7423 when appropriate in-depth comments With suppoftinj data is re�uested, REPLY: This agency has no objection to the project as,proposed., "Additional commeriis maybe attached" This agency has:no comment on the proposed project. This agency approves of the, project only if the recornmendedzchanges -are. incorporated.5ee attached. This agency objects to the project for reasons described in,the attached comments, RECEIVED AGENCY Akhk_ "k, to di� N10V 2 5 2019 PAP SECTION MHD State of North Caroliha I'Ehvir6aarnental Quality:I Coastal Management 127 Cardinal Drisv Ext., Wilmington; NC 28405 919 7967215 . ROY-COOKER , MICHAEL S. REGAN +++��� Secn;ury• BRAXTON DAVIS. KNil11 GkPC014A nmrc(nq llirtxrw, OfCmxslal November 19, 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, (Couriek,ll•12-09J oteeo.bodnar(o) 6DENR:oov SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Nell'Maclntyre Project Location: 72 Pelican Drive, adjacent to Lee's Cut in Wrightsville Beach, New Hanover County Proposed Project: Installation of new bulkhead to replace existing, reconfigure and expand private docking facility to a total of 4 slips Please indicate below your, agency's�position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by December 12,.2019, If you have any questions regarding the proposed project, contact Patrick Amico`at (910) 796-7423 when appropriate,in-depth comments with supporting data is requested. REPLY: _� This agency has no objection -to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves'of the project only if the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments., PRINT NAME_ ► r l h f e I L AGENCY N C b 2. P f 0� 60 ti;i,rylAect SIGNATURE / ' wVk 2 d_1,,2�` DATE �2iy��9 Staff ofNonh Carolina IE,rvlronmentel quality I Coastal Ninnagemet 127 C.&W Drive EA, Wilmington, NC28405 9197967215 DEC 4 2019 MP SECTION WD ROY COOPER Go,vmnr MICHAEL S. REGAN Sec,elwy NORTH CAROLINA Anvironniental Quality November 19, 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) g regg. bodnar(oNCDEN R.gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Neil Maclntyre Project Location: 72 Pelican Drive, adjacent to Lee's Cut in Wrightsville Beach, New Hanover County BRAXTON DAVIS Directna Dn"sinn ofCoasud Afanq�einent Proposed Project: Installation of new bulkhead to replace existing, reconfigure and expand private docking facility to a total of 4 slips 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 A ce ember 12, 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. PRINT NAME Shannon Jenkins AG NEG c NCDMF/Shellfish Sanitation n /� MECEI `c1p� E® SIGNATURE `-� �✓l.af%r 2� for Shannon Jenkins DEC 3 2019 11 /22/2019 ATE 1I3t' SECTION WHIR State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 November 19:2019 -Mkbi0hANb FROW .Pr000s!0 0(ol Received: al,, 111,2172019' ,Historic Pits on bffi6e24o�','� 0-Rl State Ov r�00Pi Gregg Bodnar, AsaistahtMajor Permits;'Coorriinator NtMd' DtAion"`of C6iit6l!Maha66me6i:" d00 Commerce Avenue Morehead City NC 28557, green ':bodna'r M&419g Well Maclowe _.12 Fq�f�anPa've, ady@cqnt tk0"s CitI: WfiM40�66a Beach,: New:Hanover pounly: lhst6ilathn6f n6iv,bQkh66d:6Afk6 recoh�tqqrwandeip6ndpnvate . docking I - - facilely toa'to-- z -tal'. � of -s4 1 -1 - "li.ps- REPLY: This agency has no 6bjectioh'tothe project as' .proposed, "Addkionil comments 4may fie ' attached" 7kis,agency "s�nocomment 6h:theP qo. Popoi proiLd; This agency approves of theiprciect ofilyJ the r6d6difn6nded.chan es:,. are:ihdo(oprated.,S'ee,afta'd,h'ei ,' This:ige'ne-y-801 tc;,ih,e7p'(O'I'ect.6,r're'asons Renee -Gledhill-Earley I SIGNATURE —, 1 P-ATE RECEIVED DEC. 4 2019 MP SECTION MHD ZM, ivt,` F� n �ryVZ �fN F NORTH CAROLINA fnrrrnrvrc;vaf Qv kn November 19, 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) gfeca.bodnar(aNCDENR cov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Nell Maclntyre ROY COOPER { MICHAEL S. REGAN .krrelary• Project Location: 72 Pelican Drive, adjacent to Lee's Cut in Wrightsville Beach, New Hanover County BRAXTON DAVIS J)"dnq Avoino afCo mfal Afunagcmenl Proposed Project: Installation of new bulkhead to replace existing, reconfigure and expand private docking facility to a total of 4 slips Please indicate below your agency's position or viewpoint on the proposed_ project and return this form to Greaa Bodnar at the address above by December 12, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 - when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME_�AtI�� AGENCY AlL 1 AkF 'Jt RNECE ED Q DEC 1 2 2019 DATE 1 MP SECTION AJIH® state ofNorth Camlim I Enviromnrnhil Quality l Coastal Mmagcmmt 127 Cardinal Drive Ext., Wilmington, INC 28405 9197967215 NORTH CARDS NA November 19. 20-19 MEMORANDUM;; 9 0I. 24. oJ FROM: Gregg Bodnar, Assisi NCDEQ - Division of C rce.#venu 400 bornmei SUBJECT. Applicant: Project Location: ajqr Pefrpits,Coordindtoe Management head Cify'-NC 23557 114249) CAMA-1 Dredge ai7d 1 #tApplicqfion Review ROY, COOPER MIC14AEL 9. REGAN BRAXTON DAVIS , 72 Pelican Drive; adjacent to: ee's Cut in Wrightsville Beach, Proposed Project: installation of new bulkhead to replace- existing; reconfigure and expand private docking facility to a total of 4 slips Please indicate below your -agency's position or viewpoint on the proposed project and fgft refum this form 16,Gregg Bodnaat he address above byDecember f;,— 9.,, if you, have any questions regarding the proposed project, contact Patrick Ami=at (910) 796-7423 when;Appropriate, inAepth'comments vith supporting data is requested. i REPLY: This agency has no objection to the project as proposed. "AdditionaUcomments may be attached" V/ This agencyI has no comment on the proposed project. This agency approves of the: project only if the recommended changes are incorpoi6ted. See attached. This agency objepts'jo the project for reasons described inthe.attached,Gomments. R i-7CEIVED DEC 1 2 2019 DATE �IP SECTION MHD star UNodhCmfina J,Emimn a]QuaRy I qoasWMam9er7ni 127 6.diWDiw R�,Wihffigt ,NC 2=5 919 796 7215, U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-02260 County: New Hanover County GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Neil Maclntyre Address: 72 Pelican Dr Wriehtsville Beach NC. 28480 Telephone Number: RECEIVED DEC 6 2019 Size (acres) 0.05 Nearest Town Wriehtsville Beach Nearest Waterway Onslow Bay River Basin Onslow Bav MP SECTION MHD USGS HUC 03020302 Coordinates Latitude: 34.217664 Longitude:-77.803611 Location description: The project site is located at 72 W. Pelican Drive; adjacent to Lee's Cut, in the Town of Wriehts. ills Beach. New Hanover County, North Carolina. Description of projects area and activity: This verification authorizes construction activities associated with the installation of a new bulkhead immediately waterward of an existine. failine bulkhead and an expansion of an existine dockine facility. This expansion would increase the number of boat slips from two (2) to four (4). Permanent impacts to the open water of Lee's Cut would include 280 square feet of fill to replace the bulkhead and 574 square feet of shadine impacts from the expansion of the dockine facility. This Droiect is authorized under Regional General Permits RGP 1978-00080 for the bulkhead replacement and RGP 1978-00056 for the dock expansion. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Reeional General Permit Number: RGP 1978-00080 and 1978-00056 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated September 17, 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 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terns and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in 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 at Greeorv.E.Currey(i .usace.armv.mil. Corps Regulatory Official: `- Date: December 5, 2019 Expiration Date of Verifica on: fiecei6ber 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters 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: Waters are subject to ebb and Flow of tide; therefore are Section 10 Navigable Waters C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction 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 IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5. and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by nillC EiV E D It is not necessary to submit an RFA form to the Division Office if you do not object to the determinatio correspondence. DEC 6 2W IOP SECTION MI -ID c-z Corps Regulatory Official: 9 , (r� Gregdfy Currey Date of JD: N/A Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://cornsmar)u.usace.army.mil/cm apex/Pp=136:4:0. Copy furnished via email: Mark Batson (Tongue & Groove LLC) Patrick Arnica (NC DCM) RE— c EIVE® DEC 6 2019 iTIP SECTION MH® Action ID Number: SAW-2019-02260 County: New Hanover County Permittee: Neil MacIntyre Project Name: Neil MacIntyre 72 W Pelican Dr, Wrightsville Beach Date Verification Issued: December 5, 2019 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey 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 REUE-AVED DEC 6 2019 MSS SECTION 61 HD INNO)TvlFlgrA�TvYON[OVIAMMINISiaffldRZ7AVt�VA"EfAIPPFIA��O S D ROO S D REQ T OR Applicant: Neil Maclntyre File Number: SAW-2019-02260 Date: December 5, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E 5EC«TION I -The following identities your rights and options regarding an adminishative appeal of the above decision. Additional information may be found at It_ptt :/ www.usace:armv.miUMissions GivilWorkslRe ug to oryFrocramanifP.armits.asnx or Co s re ulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This for�R},useived by the division engineer within 60 days of the date of this notice. a DEC 6 2019 GAP SEECTIOM WIPHD E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Philip Shannin, Administrative Appeal Review Officer Attn: Gregory Currey CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-507 IRIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government I consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: For appeals on Initial Proffered Permits send this form to: Telephone number: District Engineer, Wilmington Regulatory Division, Attn: Gregory Currey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVE® DEC 6 2019 PIP SECTION MHD A ram` NORTH CAROUNA Enwronmewal QRUU.�, November 19, 2019 MEMORANDUM: FROM: SUBJECT: Gregg Bodnar, Assistant Major Permits:Coordinator NCDEQ - Division of Coastal Management:, 40o.Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courfer11-12-09) oreoo,bodnar(ci)NCDENR.00v - CAMA/'Dredge,and Fill Application Review ` R_OY COOPER nmemar,' ' MICHAEL S,. REGAN, Sccn:fcry, ._Applicant: NeilMaclrifyre' Project Location: 72 Pelican Drive" adjacent to Lee's Cut in Wrightsville Beach, New'Nanover County 13RAXTON 6AVI3 lllretior, Dabion aj('nariul Aronap,mrnt Proposed'Project: Installation ofnew'hulkhead to replace existing,'reconfigure'and expand private docking:facility to`a'total of 4 slips Please'indicate below your agency's:position orMewpoint on the ro oP sed project and, return this form to Gre44 Bodnar at the address above by. QeeeR7ber„'A2; 2019K If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when app(opnate, in-depth comments with supporting.data:is requested. REPLY: This agency' has no objection to the project as.proposed. "Additional comments maybe attached"' AL This agency has no,comment on the proposed project. os� This agency approves of the,project only if the recommended changes are Incorporate'd.eSee attached. ' This -agency objects to the.project for reasons described in -the attached comments. tt RINTWAM W Q n �a CFI �`I cu- AGENCY %Dtct 1, Pfup,,o.t 1CAA SIGNATURE. �t� Q^-r!`J AT Qoc. In-, aot 9 Steto of North Carolina i Eovhoomental Qonlity l Coaka1-Maoagement' 127 Cardinal Dme E%L, Wilmington, NC 28405 9197967215 EiVEttD DEC 1 3 2019 f'tliP SECTION MHD Bodnar, Gregg From: Pietila, Tanya K Sent: Friday, November 22, 2019 8:52 AM To: Bodnar, Gregg Subject: FW: [External] RE: CAMA Major Application: Neil Maclntyre See below Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7226 Tanva.Pietila gDncdenr.aov YT1o6irN caT.e.,.. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kathryn Thurston [mailto:Kathryn.Thurston@wilmingtonnc.gov] Sent: Thursday, November 21, 2019 5:03 PM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Subject: [External] RE: LAMA Major Application: Neil Maclntyre Also not in the city. O From: Pietila, Tanya K [mailto:tanya.oietila@ncdenr.govl Sent: Wednesday, November 20, 2019 4:04 PM To: Weychert, Curtis R; Christenbury, Mike; DCR - Environmental —Review; Butler, Rodney A; Zeigler, Mark D; Harris, David B; Dunn, Maria T.; Walton, Tim; Moser, Mike; Hilliard, Wanda; Humphrey, Jeremy; Gupton, Sharon; Hall, Christine; Sams, Dan; Cox, Heidi; Kathryn Thurston; twilson@towb.org Cc: Amico, PatrickJ; Bodnar, Gregg; Cannon, Amanda J Subject: CAMA Major Application: Neil Maclntyre Hello All! Please accept this correspondence as the official distribution of CAMA application from Neil MacIntyre for development in Wrightsville Beach, New Hanover County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. DocuSign Envelope ID: FF49038A-27CA-407E-9E00-645FE1EF8B87 ROY COOPER 0orerrtor MICHAEL S. REGAN secretary LINDA CULPEPPER D&Tdor Neil R. Maclntyre 72 Pelican Drive Wrightsville Beach, NC 28480 NORTH CAROLINA swit"Wtaimf QuaUty December 19, 2019 DWR # 2019-1601 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 72 Pelican Drive -Wrightsville Beach, NC 28480 Dear Mr. Maclntyre: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on November 20, 2019. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). RECEIVED JAN 2 2020 North Carollm Department of Environmental (biaky I D"lon of Water Resources rp Wilmington Recfional Office 127 Cardrai Drive Extension W II `! o i A 910.796.7215 DocuSign Envelope ID: FF49D38A-27CA-407E-9E00-645FE1EF8B87 The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact.Robb Mairs at 910-796-7215 or robb.mairs(a)ncdenr.gov if you have any questions or concerns. Sincerely, eocu519neC by: E oveUa sa j" 6" E3ABA14AC7DC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC DWR 401 & Buffer Permitting Branch file-LF Mark Batson, Tongue & Groove LLC - EC RECEIVE® JAN 2 2020 WIP 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. oov https //deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wlmin ton, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: 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, MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Neil MacIntyre, Wrightsville Beach — New Hanover County Date: December 19, 2019 The applicant proposes to install a bulkhead waterward of an existing bulkhead, and reconfigure and expand a private docking facility for a total of 4-slips. The property is located at 72 W. Pelican Drive in Wrightsville Beach, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CS, EW, ES and PT. 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 comments. 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 AECs 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 RECEFIVIE® DEC 1 8 2019 NIP SECTION MHD men 1111M APPLICATION for Major Development Permit past rsvlsaid 12/27ro0) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Buslness Name Project Name (if applicable) Applicant 1: First Name Neil MI R Last Name Maclntyre Applicant 2: First Name MI Lest Name //additional applicants. please attach an additional pages) with names listed. Mailing Address 72 Pelican Drive PO Box City Wrightsville B State ach NC ZIP 28480 Country USA Phone No. 919-699-4390 ext. FAX No. Street Address (if different from above) City Slate ZIP Email 2. Agent/Contractor Information Business Name Tongue & Groove LLC Agent/ Contractor 1: First Name MI Last Name Mark D Batson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 6331 Oleander Drive Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 USA 910 - 679 - 4610 ext. ex,. FAX No. Contractor k 910 679 4611 54432 Sleet Address (if different from above) City State ZIP &all mark@tongue-and-groove.com RECEIVED DCM <Form continues on back> SEP252019 w IV D 262-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagamsnt.nst NOV 2 0 2019 DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. It New Hanover 72 Pelican Drive Subdivision Name city State Zip Wrightsville Beach NC 28480 Phone No. Lot No.(s) (it many, attach additional page with list) _ ext. B29, , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Cape Fear Lee's Cut c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. D414atural []Manmade []Unknown ICWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed XYes ❑No work falls within. Wrightsville Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.N.) 78' 10,777 c. Size of Individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) .247 1 (1f many lot sizes, please attach additional page with a list) XNH W or ❑NWL 4 e. Vegetation on tract lawn grass, ornamental landscaping I. Man-made features and uses now on tract Bulkhead and Dock g. Identify and describe the existing land uses adjacent to the proposed project site. Residential h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? R-1 (Attach zoning compliance certificate, if applicable) ($IYes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? Dyes XNo k, Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes XNo ❑NA It yes, by whom? L Is the proposed project located in a National Registered Historic Dishict or does it involve a []Yes WNo ❑NA National Register listed or eligible property? RECEIVED DGM WILMINGTON, NC a Form continues on next page> SEP 2 5 2019 RECEIVED 252.808.2808 :: 1-888.4RCOAST :: www_nccoastalmanagement.net NOV 2 0 2019 I)CM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes NNo III) Are there coastal wetlands on the site? ❑Yes XNo (III) If yes to either (i) or (III above, has a delineation been conducted? ❑Yes No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. Town of Wrightsville Beach o. Describe existing drinking water supply source. Town of Wrightsville Beach p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government MPrivate/community to. Give a brief description of purpose; use, and daily operations of the project when complete. Private docking facility for recreational boating, bulkhead, pool & New single family residence. 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. Small Pile setting barge moored inside riparian corridor d. List all development activities you propose. Construct private docking facility and bulkhead e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? PQSq.Ft or []Acres 160' g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes PQNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None I. Will wastewater or stormwaler be discharged Into a wetland? []Yes PQNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes No ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> UGM WILMINGTON, NC SEP 2 5 2019 RECEIVED 252.808.2806 :: 1.888.4RCOAST t: www.nccoastalmanagement.net NOv 2 0 2019 DCM-MHD CITY D 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. Items (a) — (9 are always applicable to any major development application. Please consult the application instruction booklet on how to property 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 tide to the affected properties. e. The appropriate application lee. 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. i�. Name iPAl3EK TNv�s.`zr+t�%S o. n Address 1-/may er IVF Name m.-.,�.. nr r•., c E� E :2 TPhone No. Address �n 1 n^-`-w2 Name P 19n'4 b")NSfi Phone No. Address 70 _P"t Cvf- DR W l3y /UC ZFY9 0 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permidee, and Issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed byproperry owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 that the information provided in this application is truthful to the best of my knowledge. Date 9/5/19 Print Name Mark Batson Signature Mark BatsWe.. Please indicate application attachments pertaining to your proposed project. ( DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and CulvertsR EC ❑DCM MP-3 Upland Development DCM WILMINGTON, NC KDCM MP-4 Structures Information SEP252019 RECEIVED 252.808-2800 :: 7.8118.4RCOAST :: www.nccoastalinansgernent.net Nov 2 0 2019 DCM-MHD CITY Form DCM MP-2 EXCAVATION and. FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 11. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or cubic yards. C. (1) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None (it) Describe the purpose of the excavation In these areas! 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (1) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ti) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area Include any coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL _ ❑None (II) Describe the purpose of disposal in these areas: b. Type of material to be excavated. d. Hlgh-ground excavation In cubicyards. ®This section not applicable b. Dimensions of disposal area. d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (It) If yes, where? I. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (II) If yes, how much water area Is affected? DCM WILMINGTON, NC SEP252019 RECEIVED 252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net used: 12/26/06 NOV r b 2019 DCM-MHD CITY Forin DIM MN-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: $ 10 ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 1 c. Average distance waterward ci NWI ���.////// d. Maximum distance walerward o(�Y iy r NWL ! &r e. Type of stabilization material: Vinyl Sheet Piles g. Number of square fee ill to be placed below water level. Bulkhead backfi11 jM2, rap Breakwater/Sill _ Other I. Source of fill material. Castle Hayne f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ®No []NA (if) If yes, stale amount of erosion and source of erosion amount Information. h. Type of fill material. Sand Fill, 80 CYD 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (1) WIII fill material be placed in coastal wetlands/marsh (CW), If yes, (it) Amount of material to be placed in the water _ Ili) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAv), snen bottom (bu), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ❑None (it) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Brought in and dumped behind new bulkhead, no storage on site, excavatorlbackhoe for grading upland area silt fencing In place to control runoff C. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (I) If yes, explain what type and how they will be Implemented. 9/5/19 Dale Maclnlyre Residence Project Name d. (1) Will wetlands be crossed In transporting equipment to project site? []Yes ®No []NA (ill If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED Tongue & Groove LLC OCMWILMINGTON,NO Applicant Name SEP 2 5 2019 252.1108.2808 :: d-888-4RCOAST :: www.nccoastahnanagement.net iECEIVED revised: 12126/06 NOV 2 0 2019 DCM-MHD CITY Form D/ MP- (Excavation (Excavation and Fill, Page 3 of 3) pp� Signature RECEIVED DCM WILMINGTON. NC SEP252019 RECEIVED 252-808-2808 :: 1-088-4RCOAST :: w w.nccoastalmnnaoement.net revi"dt 1=6106 NOV 2 0 2019 DCM-MHD CITY 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. a. (i) Is the docking facility/marina: b. (i) Will the �fac(i��Y, be open to the general public? ❑Commercial ❑Public(Government Private/Community ❑Yes )60 c. (i) Dock(s) and/or piers) d. (I) Are Finger Pers included? ❑Vas ❑No (ii) Number I. I , ' If yes: (iii Length V (ii) Number 1 (iv) Width ---- (or O (iii) Length (v) Floating Yes ❑No (Iv) Width (v) Floating IdlYes ❑No e. (i) Are Platforms included?)IYes ❑No I. (i) Are Boallits included? $Yes []No If yes: If yes: (ii) Number%� r_ (iii) Length T (ii) Number �y (iii) Length — (iv) Width -U �_q (Iv) Width u- 1_ (v) Floating []Yes ❑No Note: Roofed areas are ce/cu/aced fmm dripline dimensions. g. (1) Number of slips proposed In. Check all the types of services to be provided. ❑ Full service, including travel lift andfor rail, repair or (ii) Number of slips existing maintenance service 'Z Ockage, fuel, and marine supplies Dockage ('Net slipsl only, number of slips: ❑ Dry storage;number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel []Open water, dredging for basin and/or channel Open water; no dredging required ❑Other, please describe: r / k. Typical boat length. �30 M. (1) Will the,,,,,,......ffLLLaacility have tie pilings? ❑Yes No (a) If yes umber of be pilings? j. Describe the typical boats to be served leg open runabou charter boats, sail boats, mixed types). I. (I) Will the faclllbe open to the gene (DE IV E D ❑Yea 0 DCM WILMINGTON, NC r SEP252019 RECEIVED 252-8084808 :: 1-888 4RCOAST :: www.nccoastaimanauement.net NOV 2 0 2019 revised: 12/27/06 DCM-MHD CITY Form DCM MP-4 (structures, Page 2 of 4) 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? a. (i) Give the location and number of'No Sewage Discharge -signs proposed. (h) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as pant, 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. If this project is an expansion of an existing marina, what types of services are currently provided? _ RECEIVED D M. Is the marinaldocking facility proposed within a primary or secondary nursery area? SEP 2 5 2019 []Yes ONO RECEIVED 252-808.2808 :: t-888.411COAST:: www.nccoastalmanaaement.nel NOV 2 0 2019 DCM-MHD CITY revised:/2127106 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marinaidocking fadlity proposed within or adjacent to any shellfish harvesting area? []Yes ❑No o. Is the milrinaldocking fliciliyl proposed within or adjacent to coastal wedande/marsh (CW), submerged aquatic vegetation (SAV), shes bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL []None p. Is the proposed marinaldocking facility located within orwithin close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholifil , and give the proximity to the lease. a (I) Is the boathouse stwcture(s): DCommercial LI. ElPrivatelCommunity calculated(it) Number (III) Length IN) Width lVate. Roofed eases am from dripline a. (i) Number (ii) Length (ir) Width a Length c. Maximum distance beyond NHW, NWL cr wetlands a. Is the structure(s). ❑Commercial ❑Public/Covemment ❑Private/Community c Distance to be placed beyond shoreline Able: This should be measured from marsh edge, if present. e. Arc of the swing _ to Average distarxe from NHW, MNL, or wetlands b Number d. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 1-888.4RCOAST :: Wv4yy.acooastalmanaaement.net RECEIVED RECEIVED revised: 12/27/06 DCM-MHD CITY 6 R' DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Neil Mac]ntyre 2. LOCATION OF PROJECT SITE: 72 W. Pelican Dr., adjacent to Lee's Cut, in the Town of Wrightsville Beach, New Hanover County. Lat.:34°l3'03.59"N Long.:77°48'12.80"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/20/2019 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 9/25/2019 initial 11/8/2019 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP - Developed (Upland), Conservation (Open Water) (B) AEC(s) Involved: PT, EW, ES, CS (C) Water Dependent: Yes (D) Intended Use: Private (F,) Wastewater Treatment: Existing -- Municipal Planned -- N/A (F) Type of Structures: Existing — cleared lot, bulkhead, fixed platform, floating docks, boatlift and mooring pilings Planned —New bulkhead with backfill, reconfigured/expanded docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Nan -Vegetated Wetlands 290 ft' 814 ft' (Open water) (additional incorporated) (C) Other (Highground) 1,400 ft' (D) Total Area Disturbed: 2,494 ft' (0.05 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to install a bulkhead waterward of an existing bulkhead, and reconfigure and expand a private docking facility within Lee's Cut for a total of 4 boat slips. RECEIVED wv % 0 Z519 DCM.MHD CITY Neil MacIntyre Page 2 9. PROJECT DESCRIPTION: The project site is located at 72 W. Pelican Drive; adjacent to Lee's Cut, adjacent to Greenville Sound in the Town of Wrightsville Beach, New Hanover County. To locate the property from the Wilmington Regional Office (WiRO) travel east on Eastwood Road approximately 3 miles towards Wrightsville Beach. From the AIWW drawbridge, continue to travel east on West Salisbury Street (US HWY 74) for approximately one mile. Turn left onto Pelican Drive and travel east. The property of interest will be located on the left. The properly is approximately 0.247 acres with an elevation of approximately 4'above normal high water (NHW). There is approximately 70 of shoreline frontage along Lee's Cut, which is currently stabilized by an old bulkhead. The NHW boundary comes up to the existing bulkhead. The applicant recently purchased the property and demolished the existing single family residence on the property. Upland vegetation consists of maintained lawn grass. There are currently no Coastal Wetlands on the property. The applicant currently maintains a private docking facility in Lee's Cut. An existing platform, measuring approximately 16' in length by 20' in width extends waterward over the existing bulkhead, in a northerly direction towards Lee's Cut. Extending from the northern side of the existing platform one (1) existing floating dock running perpendicular to the shoreline, and measuring approximately 26' in length by 6' in width. There is also one boatlift measuring approximately 13' in length by 13' in width on the eastern side of the eastern floating dock. The existing docking facility currently accommodates up to two (2) vessels in water depths of approximately -8' at NLW. It appears through aerial photography review that the existing docking facility was built sometime between 1998 and 2002 and it appears the bulkhead was constructed prior to the enactment of CAMA. No permit history could be located for the structures. The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of Lee's Cut, in Greenville Sound are classified as SB#, by the NC Division of Water Resources. These waters are NOT designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to install a bulkhead waterward of an existing bulkhead, and reconfigure and expand a private docking facility within Lee's Cut for a total of 4 boat slips. A new approximately 78 linear foot bulkhead would be constructed waterward of the existing bulkhead. The new bulkhead would be located an average of 4' waterward of NHW and a maximum of 6' waterward of NHW. The area behind the bulkhead would be filled with approximately 80 cubic yards of clean sand fill with the associated tie -back anchor system. A new 20' by 20' fixed platform would be constructed in approximately the same location as the existing platform. Approximately 81 ft2 of the platform area would be within the Coastal Shoreline buffer area, and the remainder would be over open water. From the northern edge of the fixed platform a ramp would lead onto a floating dock measuring approximately 37' in length by 6' in width, which would be oriented perpendicular to the shoreline. At the terminus of the float would be another floating dock section measuring approximately 40' in length by 8' in width oriented parallel to the shoreline, creating a 'T' configuration. Extending to the west from the landward end of the main spine of the float would be a small floating finger pier measuring approximately 17' in length by 6' in width. Along the main spine of the float, one on each side, would be two 16' by 16' boat lifts. As proposed, the facility would be designed to accommodate four (4) vessels in water depths ranging from approximately 4' to -8' at normal low water (NLW). 10. ANTICIPATED IMPACTS: The proposed new bulkhead would incorporate 280 ft2 of Public Trust Area and Estuarine Waters. Approximately 1,400 ft of Estuarine Shoreline would be impacted for the tie -back anchor system. The expansion of the existing RECEIVED NOV 2 0 2019 DCM-MHD CITY Neil MacIntyre Page 3 docking facility would incorporate an additional 814 ft' of Public Trust Area and Estuarine Waters and would not encroach into the 15' riparian corridor setback requirement of the adjacent riparian properties. The proposed structures would extend approximately 72' into a waterbody, which measures approximately 290' across. This distance appears to conform to the 1/4 width rule and would not exceed the established Town of Wrightsville Beach pier head line. The proposed structures would accommodate up to four (4) vessels at this location within current water depths ranging from approximately -4' to -8' at NLW. Minor increases in turbidity should be expected during the construction phase of the project; however, turbidity levels should return to normal once the project is complete. Submitted by: Patrick Amico Date: 11/12/19 Office: Wilmington RECEIVED NOV 2 0 2019 DCM-MHD CITY 0 TONGUE & GROOVE OCSiGF ❑Ln LO DY (/ PROJECT NARRATIVE 9/5/19 RE: 72 Pelican Drive Wrightsville Beach, NC 28480 This is a request from Tongue & Groove LLC to apply for a CAMA Major Permit on behalf of Neil Maclntyre, owner of 72 Pelican Drive. Enclosed, you will find the CAMA Major Applications — DCM MP-1, DCM MP-2, DCM MP-4, work plan drawings, and additional required information. The existing bulkhead is failing on the E. comer. We are proposing to bring the new bulkhead out 6' on the E. comer and 2' on the opposite comer, in order to avoid existing obstructions. There are no coastal wetlands on site. The proposed project involves a new bulkhead and the complete removal of an existing dock and the replacement of a new dock facility. The purpose of the new, private docking facility is for recreational boating use. Please refer to the "Project Package" for project details — including: existing survey (Page 1), proposed survey (Page 2), and cross-section (Page 3). In order to construct the private docking facility, a small pile setting barge, moored inside the riparian corridor, will be required. Sincerely, Mark Batson RECEIVED DCM WILMINGTON, NC SEP252019 6131 Oleander Drive, Wilmington NC, 28403 10: (910) 679.4610 RECEIVED NOV 2 0 2019 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: Neil MacIntyre 72 Pelican Drive Wrightsville Beach NC 28480 919-699-4390 macinnrm@yahoo.com I certify that I have authorized Tongue & Groove 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: construction including: House/Dock/Pool Demo, New Residential at my property located at 72 Pelican Drive, Wrightsville Beach NC 28480 in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: /U9 - NeAM.k"(M.y9,2019) Signature Neil MacIntyre Print or Type Name Member/Manager Title 5 I 9 I 19 Date This certification is valid through 5 I 9 / ` 1 RECEIV-,--ID DCM WILMINGTON, NO SEP252019 RECEIVED NOV 2 0 2019 DCM-MHD CITY 9/13/19 RE: 72 Pelican Drive Via Certified Mail Raber Investments LLC 1612 Military Cutoff Rd. Suite 74 Pelican Drive Wilmington NC 28403 Dear Raber Investments LLC, 11 U.S. Postal Service' CERTIFIED MAIL' RECEIPT Domesf2 69ad Only • Rn 11, L.ey nJm m.ibo n. 1r0 uu• 11h um NOTIFICATION LE.cO rn p ❑w,e.nn.wpaa O Oc.uw �ww,un.aw.�y 0 0�+4+•aa+.a O�auew++n,w+n.aow..y $ O Ppbq ry upiwdf.. ,a Er oNalw-r—TA 1 I POW=k Hw SEP 17 2019 Neil MacIntyre is applying for a CAMA Minor permit to include fill dirt / grading, new bulkhead, pier, gazebo, floating docks and two boat lifts - located at 72 Pelican Drive, Wrightsville Beach NC, in New Hanover, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Heather Coates at the Division of Coastal Management - 127 Cardinal Drive Ext, Wilmington, NC, 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call us at 910-679-4610, or e-mail me at rnark(cbtoneue- and-aroove.com . Sincerely, Mark Batson &G(t J qP0 t o b5ps VR e RECEIVED DCM WILMINGTON, NC SEP252019 6131 Oleander Drive, Wilmington NC, 28403 1 O: (910) 6794610 RECEIVED NOV 2 0 2019 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Neil Maclntyre s property located at 72 Pelican Drive (Name of Property Owner) (Address, Lot, Block, Road, etc.) on Lee's Cut in Wrightsville Beach N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must flit In description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathb&Wi -, iCi FF i?i must be set back a minimum distance of 15' from my area of riparian acc6-"MdI;MW0T90I`0YNC me. (If you wish to waive the setback, you must initial the appropriate blank beW 2 5 2019 I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) SitQ nature Ril MacIntyre Print or Type Name 72 Pelican Drive Meiling Address Wrightsville Beach NC 28480 City/State&ip Telephone Number/email address 9/5/19 Date *Valid for one calendar year after signature* (Adjacent Property Owner Information) Si'X ature* Raber Investments LLC Print or Type Name 1612 Military Cutoff Rd. Mailing Address Wilmington NC 28403 City/State2ip Telephone Number/email address 9/16/19 Date* (Revised �i� TNED NOV 2 0 2019 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to No' l lilac lot yre 'a property located at f2 l'rair.an Ur ivr. (Name of Property Owner) rr Cut. (Address, Lot, Block, Read, ate.) on In wrlahl.Avi ].1e Seat+ . N.C. (Watarbody) (CltytTown and/or County) The applicant has described to me, as shown below, the development proposed at the above Iota n ., I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must till in description below or attach a site drawing) I understand that a pier, dock, mooring pilings, boat romp, breakwater, boathouso, lift, or groin roust be set back a minlmum distance of 15' from my area of ripedan access unless Waived by me (If you wish to waive the setback, you must Initial the appropliste blank below.) I do wish to waive the 15 setback requirement. __ __ __ I do not wish to waive tho 15' setback requirement. (Property Owner Information) (AdjgcontP orty orinformattlon) ,SNi�nir�!lne SE ru" i Maclntyre Mager lnveel.e0e91Ln ra.c: Print or Type Nerve P f if or TV Manx 72 Pelican Drive 1611 TV CuCoCf Rd. Su1Ge 301 MnNirg Address ,5fabing Address Rr,1119 1"11. HOH(:h NC 7a400 )n NC 7.8403 CMY/SYnle/L�p City/StateZp --- TnlephfNle NlMrbHr/emHll HffrtlNe9 TaJeph" Number emarladdross n/5/l 9/16/29 Duhbate" NHkd Iry Nip. calendar yea/ after signature,(RaWsed Aug 2014) RECEIVED DCM WILMINGTON, NC NOV 0 8 24CEIVED NOV 2 0 2019 DCM-MHD CITY 9/13/19 RE: 72 Pelican Drive Via Certified Mail TONGUE & GR DESIGN -BUILD B♦ 1_y/y/,.( -0 r tr m ADJACENT RIPARIAN PRC co NOTIFICATION LETI m CD Marion and Diane Dubose 70 Pelican Drive Wrightsville Beach, NC 28480 Dear Marion and Diane, O I_. "rraiNYwr.ry ' o ❑ �wmw waw4 e o ❑c.rt�wauafi w.�a.e o.w.r s o ❑en�IswIW.Fl.a,.a r ❑MW 8y.lw x..vewa DI..IY � O Poslepe ri $ � s I° r- i0 -- r S :; Qr Huse: SE? 17 z919 vaen.k ar. SEP 17 KIR Neil MacIntyre is applying for a CAMA Minor permit to include fill dirt / grading, new bulkhead, pier, gazebo, floating docks and two boat lifts - located at 72 Pelican Drive, Wrightsville Beach NC, in New Hanover, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application anddrawings. Should you have any objections to this proposal, please send your written comments to Heather Coates at the Division of Coastal Management - 127 Cardinal Drive Ext, Wilmington, NC, 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered.as no objection. If you have any questions on this project, please call us at 910-679-4610, or e-mail me at markAton¢ue- and-groove.com . Sincerely, RECEIVED CICC ��` 19 t) OCM WILMINGTON, NC Mark Batson uS fIs. 2019 � SEP2b 6131Oleander Drive, Wilmington NC, 2840310:(9l0)679-4610 RECEIVED NOV 2 0 2019 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Neil Maclntyre s properly located at 72 Pelican Drive (Name of Property Owner) zee ' s Cut (Address, Lot, Block, Road, etc.) on ,in Wrightsville Beach N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must till In description below or attach a site drawing) i9115CEIVED DCM WILMINGTON, NC SEP252019 I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) St Mature Nil MacIntyre Print or Type Name 72 Pelican Drive Mailing Address Wrightsville Beach NC 28480 City/State&ip Telephone Number/email address 9/5/19 Date 'Valid for one calendar year after signature* (Adjacent Property Owner Information) S' ature* Warion and Diane Dubose Print or Type Name 70 Pelican Drive Mailing Address Wrightsville Beach NC 28480 City/State/Zip Telephone Number/email address 9/16/19 Date* (Revised ALRL20FIVED NOV 2 0 2019 DCM-MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to property located at 72 Pelican Drive Neil Maclntyre (Name of Property Owner) I (Address, Lot, Block, Road, etc.) on Lee's Cut in Wrightsville Beach N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location./ V I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must till in description below or attach a site drawing) WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) Siprtahur Neil MacIntyre Print or Type Name 72 Pelican Drive Mailing Address Wrightsville Beach NC 28480 City/StatelZip Telephone Number/email address 9/5/19 Date 'Valid for one calendar year after signature' (Adjacent Property Owner Information) X to StQQnatpre* Nfaricn and Diane Dubose Print or Type Name 70 Pelican Drive Mailing Address Wrightsville Beach NC 28480 City/State/Zip yro-2rt:-,3z57 Telephone Number/email address 9/16/19 Date* RECEIVED DCM WILMJN@pTWXg2014) NOV 0 g 2019 RECEIVED NOV 2 0 2019 DCM-MHD CITY 9/25/2019 - USPS.wm®- USPS Tracking® Reaalt USPS Tracking FAQs > Track Another Package Mrackirig':Numberr701=911L0000083b83985.:�a Remove X Your item was delivered to the front desk, reception area, or mail room at 12:29 pm on September 20, 2019 in WILMINGTON, NC 28403. / m September 20, 2019 at 12:29 pm v Delivered, Front Desk/Reception/Mail Room WILMINGTON, NC 28403 'c Get Updates \/ Text & Email Updates Tracking History v Product Information See Less /\ fire'CkiiYg�Nriii>tb'erri.�Q19'1 �.�©00008€�5839�8 RECEIVED NOV 2 0 2019 OCM-MHD CITY Remove X •_�L�-I1/1 nn4n:.\AIM l/\I ITn\/IIIrMI- A^II \1/\ https./fluols.usps.coMgorrrackConfirmAction7lRgf=tgllpage&tLc=4&toxt28777=&tLabels=70191120000083583985%2C70191120000083583978%2C _. 1/2 . 9/25019 - USPS.wn OD - USPS Trecking®Resdit TUUf-ILUM WU5 UUIIVtttdU di It:U7 prn UIl JUPLOFnoer LU, LU iv Itl VYFUt.7P1 I JVILLc vcAL rl, IVki 28460. September 20, 2019 at 12:07 pm Delivered WRIGHTSVILLE BEACH, NC 28480 Get Updates 1%/ See More \/ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. T N FAQs fD a v m RECEIVED NOV 2 0 2019 DCM-MHD CITY httpsJAbGIs.usps.wMgo✓freckConfirmAcbon7tReFhAlpaga3tic=4&text28777=&tLebsls=701911200D0083583985%2C70191120000083583978%2C... 212 Hook 5981 Page 726 BK: RB 6981 PO: 726-728 Boseemw RECORDED 2018019778 W2712016 0/:15:30 PM NEW HANOVER COUNTY, TAMMY rHE1SCH BEASLEY MOIST" OF DEEDS REALESTATE E%T%55550.00 BY: GROL HUGHLEY OEP aECTROWCALLY RECORDED PREPARED BY: SIEGEL & R}IODENHiSER, PLLC: STATE OF NORTH CAROIJNIA Tax ID No.: R05715-002-007-000 COUNTY OF NEW 14ANOVER REVENUE �S0.Op tL % This property was the Grantor's primary residence. property Taxes ate paid thru 2015. WA RANTY REED notum to: Lrugane 8. oavis, dr. AHOrney Ot tBW 1612 M,awy Chdoff Rd. SW 301 W LmkVion, NO 28403 THIS DEED, made this vqday of June, 2016, by PAUL J. HOLLIDAY, married, see Memorandum of Premarital Agreement recorded Dn Book $853, Page 528 of the New Hanover County Registry, of 1047 HEADWATEf,,COVE LANE, VILMINGTON, NC: 28403, GRANTOR, 10 NEIL ROSS MACI`N'fYRr, III, of 72 PELICANl�-DtRIVE, WRIGHTSVILLE BEACH, NC 28480, GRANTEE; de—t.t AMA r "<�d Kii—h :1-19 'f I•I- That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, tract, or parcel of land situated in the County of NEW HANOVER and State of North Carolina, and more particularly described as follows: BEGINNING AT THE SOUTHEASTERN CORNER OF LOT 35 OF SECTION 2 OF CHANNEL ACRES AS SAID LOT IS SHOWN ON A MAP RECORDED IN MAP BOOK 12, AT PAGE 11. IN THE OFFICE. OF THE REGISTER OF DEEDS OF NEW ItANOVER COUNTY, SAID POINT BEING LOCATED IN 111E NORTHERN LINE OF U.S. HIGHWAY #74 140 FEET WESTARDLY FROM THE SOUTHEASTERN CORNER OF LOT I. SECTION I CHANNEL ACRES, AS SHOWN ON THE MAP ' RECORDED IN MAP BOOK 9, AT PAGE 27; RUNNING THL-"NCE FROM SA1�IVED OF BEGINNING NORTH 77 DEGREES 53 MINUTES EAST70 FEET OT AW* Adl►?IOINGTON, NC THENCE NORTH 12 DEGREES 07 MINUTES WEST 145.2 FEET, MORE OR I r TQ 2019 submitted electronically by "Eugene R. Davis, Jr. P.C." I' L 5 in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. RECEIVED NOV 2 0 2019 O-MHD CITY Book 5981 Page 727 THE APPROPRIATE HIGH WATER LINE OF LEES CUT IN WRIGHTSVILLE SOUND; THENCE IN A WESTERLY DIRECTION AND WITH AND ALONG THE HIGH WATER MARK OF LEES CUT TO A POINTWHICH BEARS NORTH 12 DEGREES 07 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 12 DEGREES 07 MINUTES EAST 162 2 FEET, MORE OR LESS, TO'I'HE POINT OF BEGINNING. IT.) HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges and appurtenances thereto belonging to lire said Oramee in fee simple; subject, however, to the exceptions, reservations and conditions herein referred to. And the Grantor covenants with the Gmntee, that Grantor is seized of said premises in fee and has the right to convey in fee simple; that the title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims ol'all persons whomsoever except for the exceptions hercinafler stated. Title to the property hereinabove described is subject to the following exceptions: (a) subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities; (c) restrictive covenants of record, if any; (d) ad valorem taxes for current year. 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. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. (SEAL) PAUL J. HOIAADAY ...... �.._ _._._,...(SEAL.) RECEIVED DCM WILMINGTON, NC SEP252019 RECEIVED Nov 2 0 2019 r,CM-MHD CITY Hook 5981 Page 728 STATE OF NOR H CAROLINA COUNTY OF NEB, ILANQ 1, ,�;[EVEAI F�SIEGEL, a Notary Public of the County and State aforesaid, do hereby certify that PAUL X HOLLIDAV personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official seal, this w day ofJ!M-, 201 My Commission Expires: _. _ _,,,,,Q2 ,08.2020 _, - NMANY PUBLIC STATE nG NOPTN CQKX A NM MAMA COUIM 1MYCCIMMISSIMIhIMMONS-M RECEIVED DCM WILMINGTON, NC SEP252019 RECEIVED Nov 2 0 2019 r r�M-MHD CITY ROY COOPER Cowman MICHAEL S. REGAN NORTH CAROLINA Enylronmental Quality secretary November 13, 2019 BRAXTON C. DAVIS Director Tongue & Groove Design -Build by Mark Batson c/o Mark Batson 6131 Oleander Drive Wilmington, NC 28403 Dear Mr. Batson: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Neil Maclntyre, for State approval for development of the subject property located at 72 W. Pelican Drive, adjacent to Lee's Cut, in Wrightsville Beach, in New Hanover County. It was received as complete on November 8, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 22, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 8, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, /Wt7�— Patrick Amico Field Representative cc: WiRO, DCM MHC Tony Wilson, LPO USACE Chad Coburn, DWR Neil Maclntyre, Applicant RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management NOV 2 0 2019 Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.79h.7215 DCM-MHD CITY NOT 1 (0100 1 ?j CAMA PERMIT APPLIED FOR •-. ,- - - -- - - -- - -1113 -- 10 Cam? -docking facility to a total of four (4) boat slips,adjacent to Luez's Cut, Wrightsville Beach, New Hanover Cow ty. COMMENTS ACCEPTED THROUGH _December 12, 2019 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: (veil Maclntvre NC Div. al Coustal Mamageinemot 72 Pelican ®rive Wrightsville Beach, NC 28480 127 Cardinal Dr. Ext. e (AGENT: Mark Matson (910) 679 - 4610 r 1 NORTH CAROL1N1, November19,2019 Adverti s i ng@stam ewson I ine.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Damon C. Lilly / New Hanover County • Neil R. MacIntyre / New Hanover County • LTR Properties, LLC / New Hanover County ROY COOPER C.Wmw MICHAEL S. REGAN seCRlaly BRAXTON DAVIS Amour. Dvamn o/C tat Mmngea n , Hello Angie: Please publish the attached Notice in the Thursday, November 21, 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 me at our Wilmington office. & Customer Assistance cc: MHC Files Gregg Bodnar — W iRO/MHC USACE RECEIVED Slate of Nonh Camlim I Emironmenlal Qnalily I Commit Management NOV 2 0 2019 127 Cardinal Ddve Ext.. Wilmington, NC 29405 919 796 7215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 1 l9(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 8, 2019 Damon C. Lilly proposed to reconfigure and expand private docking facility, and construct new bulkhead to replace existing at 20 W Salisbury St., adjacent to Sunset Lagoon, in Wrightsville Beach, New Hanover County, on November 8, 2019, Neil R. Maclntyre proposed to reconfigure and expand private docking facility, with construction of new bulkhead at 72 Pelican Dr., adjacent to Lee's Cut, in Wrightsville Beach, New Hanover County, and on November 12, 2019, LTR Properties, LLC proposed to reconfigure and expand private docking facility at 1903 N Lumina Ave, adjacent to Shell Island Sound, in Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Patrick Amico (Lilly/Maclntyre) or Tyler McGuire (LTR Properties, LLC), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 (Patrick Amico) or (910) 796-7424 (Tyler McGuire) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 12, 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. RECEIVED 140V 2 0 Z019 DCM-MHD CITY 0 ROY COOPER Governor MICHAEL S. REGAN Secmmry BRAXTON DAVIS Director, Di umn ofCoattat Management November 19, 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: Nell Maclntyre Project Location: 72 Pelican Drive, adjacent to Lee's Cut in Wrightsville Beach, New Hanover County Proposed Project: Installation of new bulkhead to replace existing, reconfigure and expand private docking facility to a total of 4 slips Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grecia Bodnar at the address above by December 12, 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. RECEIVED State of North Carolina I Environmental Quality I Coastal Management NOV 2 0 2019 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 o..�AHD CITY NC Divlsion of Coastal Management Major Permit Application Computer Sheet AEC: Les's Cut Fee: $250 #5243 CDAITS_ MHCcc Applicant: NeilMaclntyre Agent/Contractor: Tongue & Groove, LLC do Mark Batson Project Site County: New Hanover Staf:PatrickAm/co District: Wilmington Project Name: 72 Pelfcan Drive Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 09-25-19 Date application 'received as complete" in the Field office: Permit Authorization: 0 CAMA El Dredge & FilijilBoth SITE DESCRIPTION/PERMIT INFORMATION ORW: 0Yes RNO PNA: Yes EgNo Photos Taken: Yea NoJ9 Setback Required (riparian): []Yes RNo Critical Habitat: Yes DdNo LJNot Sure 15 foot waiver obtained: LJYes No Hazard Notification Returned: []Yes MNJo SAV: Yes []No ZNot Sure Shell Bottom: UYes JWNo Not Temporary Impacts: Yes NNo Sure Sandbags: EJYes JBNo Not Sure Did the land use classlflcation come Mitigation Required (optional): from county LUP: &]Yes ❑No ❑Yes MNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes 9No ❑NA ❑Yes CgNo ❑NA W i FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -o Close p SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) - JV M WETLANDS IMPACTED El (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) LJ (SS) Glasswort (Saiicomie sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh oordgress (Spartina El (SY) Salt reed grass (Spartina aftemlflora) cynosuroides) (DS) Salt or spike grass (Distichiis (SC) Bullrush or three square (Scirpus Ej (TY) Cattail (Typhe sp.) spicata) sp.) (JR) Black needlerush (Juncue El (SP) Salttmeadow grass (Spartina roemedanus) patens) APPLICATION FEE No fee required - $0.00 SK III(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 El Minor Modification to a CAMA Major 0 Major Modification to a CAMA Major 0 IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 II I(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - II. Public or commercial/no dredge $1 CO and/or fill - $400 t Private no dredge and/or fill - $250 El III(C) Priv. public or Comm w /DdF to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Macintyre, Neil Date: 9.25.19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One B ( New Work 29 Replace �� Meint ❑ @Y ❑ N New Work El Replace PR Maint❑ R-Y ❑N -LG -13U �S New Work Replace Malnt ❑ ❑ Y 52N New Work El Replace Malnt ❑ ❑ Y ® N 1 I New Work Replace �� 6 Melnt ❑ [IY Eg N LQ2 NewWork& Replace Malnt❑ ❑Y ffN New Work Replace Malnt ❑ ❑ Y ❑ N New Work Replace Malnt ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Choose One Disturbance total includes any anticipated disturbance. Excludes any restoration Disturbance total includes any anticipated disturbance. Excludes any restoration and/or restoration or and/or temp restoration or temp Impact tam Impacts) impact amount) tam impacts) amount l�/ 0'• Dredge ❑ Fill26 Both ❑ Other ❑ )'�'60 �p 2B0S 01✓ Dredge ❑ FIII ❑ Both ❑ Other E( SF & l� Si /t nfuf th Co rp R Dredge ❑ Fill RI Both ❑ Other [I i�� Poo S P IQ oo S7r— Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED _ NOV 2 0 2019 919-733.2293 :: 1.586 4RCOAST :: revised: OW26/18 DCM-MHD CITY Major Permit Fee Schedule Project Name: County. Check No & Amount �Z�efic b✓., V* N+-& �74-3 �ZA Development Type Fee DCM % DWp % (14300160143510009316256253) (2430016024351000952341) I. Private, non-oommercial development that does not involve the filling or excavation of any wetlands or $ 0 100% ($250) 0% ($0) open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: V III(A). Private, non-commercial development, if General Water Quality �250 100% ($250) 0% !$0; Certification No. 4175 can be applied: ' III(B). Public or commercial development, if General Water Quality Certification $400 100%($400) 0% (so) No. 4176 can be applied: I II(C). If General Water Quality Certification No. 4176 could be applied, but DCM staff determined that additional review and written DWQ concurrence s $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applied: $q00 6C% $?_4C l ) o 40 /o ($160) IV. Development that involves the filling and/or excavation of more then one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECENED NOV 2 0 zwq DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 9/30/2019 Overbeck Marine Neil Maclntyre Suntrust 5243 $250.00 major fee, 72 Pelican Drive, PA rct. Const./Daniel Bank Wrightsville Beach NHCo NO Split 9171 Shirley L W U Lu ir > z Major Permit Fee Schedule Project Name: County: Check No & Amount. 'IZ-Fef icy b✓. v�6 N ��G 4074-3 i;:�� Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $ 0 100% ($250) 0% ($0) excavation of any wetlands or open water areas, II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($C) of any wetlands or open water areas: III, For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies. III(A). Private, non-commercial development, if General Water Quality 250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B) - Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($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 Certification No. 4175 cannot be applied: $400 ° 60 /o ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED o0v 2 0 2019 ra 'M-Mk1[) CITY I, PATRICK C. BR15TOW, CERTIFY THAT TH15 PROPERTY WA5 SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: X oMPf ION A5 5AONM ON THE FACE OF TH15 PLAT; WO Of PREC15ION A5 CAZ ATED BY COMPUTER 17 15 1:10.000+; THAT THE BOUNDARIE5 NOT 5UKVEYED ARE SHOWN BY BROKEN LINE5 PLOTTED FROM , INFORMATION REFERENCED; THAT TH15 PLAT WA5 PREPARED IN ACCORDANCE WITH 'THE 5TANDARD5 OF ` e PRACTICE FOR LAND SURVEYING IN NORTH CAROUNX (21 NCAC 56. I G04); WTNM MY ORJGINAL SIGNATURE, 74 UCEN5URE NUMBER AND 5EAL TH15 I ST DAY OF JUNE A.D. 201 G. P ` EXISTING �I1\y��1II w E y�� PATRICK C. BRISTON !� N.C. PL5 No. L4 148 LOCATION MAP LEES CUT NOT TO scaJ _D SURVEY REFERENCE �- TO AIWW TO WRIGHTSVILLE B29 4EACH MAP BOOK 17 PAGE � DEED BOOK 1569 PAGE 22 NOTE: BUILDING SETBACKS SHOWN HEREON PER LETTER BY JOHN C. WESSELL„ III, M. DATED JUNE 20, 2019. BOUNDARY SURVEY r PERFORMED JUNE 1. 201 G NOT UPDATED BY l THIS MAP.----(-------------J------- PIERHEADLINE----------------------- ----- 1 N I T� 15.3' SHEET PILE B LIFT I- BULKHEAD �� 33.5' cm • I� i� NEIGHBOR'S DECK i CONC. BULKHEAD 'o fTHIS MAP AND FIELD SURVEY WERE MADE Q FOR THE CYCW51VE L15C OF THE PERSON, 3: D 1 ) PER50145, OR ENTITY NAMED IN THE CERTONLYFIHEREON AND MAYBREQUIRED 3a CAM4 BYA9AME FOR ANY rURPO5EION IN FURTHERANCE OF THEIR (1T5) NEED5 A5 I BUFFER \ �0- C63 b A5 REGARD5 TITLE, OWNERSHIP OR to 1 IN5URANCE REOUIREMENT5 OF ANY PUBUC —; t� OR GOVERNMENTAL AGENCY. N G N i in — CD tn Z lh Q cli NOTE: THIS LOT 15 LOCATED O KO r Q 0) IN ZONE At (EL. 13) AS PER J t) I) N MAP 111372031 G700 K in n W COMMUNITY ID # 375361 n 0j W t DATED: AUGUST 20, 2018 �' Ln VY N �— C) SOUTHEASTERN CORNER - LOT 35 z CHANNEL ACRES SECTION 2 ---15' SETBACK--) n MAP BOOK 12, PAGE I I --------R/W---------------------- -----� �G9.97' FIELD 578°I4481,W------------------------ R/W------------ ----- 70.00' (DEED) PAVEMENT CENTERLINE 577°5300"W 5URVEYED LOT 15 SUBJECT TO ALL OF PELICAN DRIVE UTILITY EA5EMENT5. RESTRICTIONS 7,D3' OR COVENANT5 OF RECORD. ___________—_____—_______________________________________________________________________________ Q NOTES 1) PIERHEAD LINE FROM TOWN OF WRIGHT5VILLE BEACH MAPS. 8 2) MEAN HIGH WATER 15 AT FACE OF BULKHEAD. — 3) FLOOD ZONE IS AE WITH A BASE FLOOD OF 13'. 4) EXISTING SLAB ELEVATION = GXY. 5) ROOF RIDGE 15 22.3' ABOVE ROAD CENTERLINE. PELICAN DRIVE � U.S. hIGhWAY # 74 REVISED: JUNE 2G, 2019 U.5. HIGHWAY NO. 74 - 200 PUBLIC RAN (ADD BUILDING 5ETBACK5) (� I✓ I O i OF S U RV Ei� ffO iz REVISED: OCTOBE4, 2018 R (UPDATE FLOOD ZONE) N E I L R. M AC I N TYRE III , RECEIVED LOT"A" DIVISION OF ATKIN50N DREDGING CO. LOT FOR EDWARD \AWMffALMINGTON, NC z o n AKA - PARCEL ID # R0571 5-002-007-000 SEP 2 5 2019 �^ m TOWN OF WRIGHTSVILLE BEACH NEW HANOVER COUNTY, N.C. e N � o s: JecTsEDwaRD WEAVER Dm510N tar Aw.*n PELICAN oRlve Loe ovAAe.y LEGEND co Q — IRON PIPE (AS NOTED) N PATRICK C. BRISTOW JUNE 1, 20 16 0.247 AC.± q - CENTERLINE LAND SURVEYING, PC 40 0 20 40 80 O - CONTROL MONUMENT O= FOUND IRON ROD w E 4113-A OLEANDER DRIVE Q� 5URVEY NAIL WILMINGTON, N.C. 29403 I INCH = 40 FEET 10�- BENCHMARK (910) 791-1500 (PM (910) 791-1504 (FAX) E-MAIL: pat@bri9urveyin&wm ® PATRICK C. BRISTOW LAND SURVEYING. PC JUNE 2016 R/W - RIGHT OF WAY $ FIRM LICENSURE NO. G3071 &GROOVE MACINTYRE RESIDENCE TITLE: EXISTING SURVEY IsTONGUE DEIIIN I I-D BY -� ..� DOCK PLAN FOR CAMA MAJOR PERMIT e1a1 OEANDER DRIVE WILIAN IM NC2910a (v)919 -979 -4°19 72PELIC"DRNE,N �GHT ILE BEACH. NCz W NB H WER COUN Nc SHEET: ISSUE DATE: DRAWN BY: PAGE OF 2019.09.17 GCD LEES CUT TO AIWW TO WRIGHT5VILLE BEACH IT SETBACK „ 40' -15 SETBACK 1r S' 1r I I I I I I I 1 NI I I I umN axn 17" I y 14' I I I I b I IN¢r nIc A � I W W,lAO I 81 SF OF 20 PLATFORM IS IN CAMABUFFER I 1 I I I I I I I I I i I I I I 1 I I I I I I 1 I 1 I I I I I � I 1 R W 09 ni WIA tt. -S.AI• 1 I , I I 1 II I I I 1 1 I O I I I I - I 1 I I I I 1 I 1 I 1 1 QCLEAR LOT ID V �i m ri z C0 IL 1 — �J� M I CL I IU p 1 i i 0 0n 1 1 m In I I j j I u- 0 I I I 1 Z I I I I I 1 1 1 I I I I I I I I -------I5'5ETBACK--------- I I SOUTHEASTERN CORNER -LOT 35 CHANNEL ACRE5 5ECTION 2 I I MAP BOOK 12, PAGE I I I f \--------------------------------- - — — — — — — — — — — — 577053'OO W 70.00' o m PAVEMENT CENTERLINE < 0 OF PELICAN DRIVE tlP rn 7.03' Q------------------------------------------ ----------- 0----- 0 ThR DRAWING IS AN INSTRUMENT OF SERVICE. THE DRAWING AND THE INFORMATION THERE ON IS THE PROPERTY OF TONGUE 6 GROOVE. ANY REPRODUCTION. ALTERATION, OR USE FOR OTHER THAN THE INTENDED PROJECT. WM40UT THE WRITTEN CONSENT OF TONGUE & GROOVE. IS EXPRESSLY FORBIDDEN. COPYRIGHT O TONGUE 6 GROOVE, LLC. 2019 RECEIVED DCM WILMINGTON, NC SEP252019 20 40 60 7L-7.7'L'.r'll, V SCALE: 1 "=20' NORTH OTONGUE & GROOVE B731 OLEANDER ORNE WIfJfIGTON, NC 26109 (P)910 .679 • 4810 MACINTYRE RESIDENCE DOCK PLAN FOR CAMA MAJOR PERMIT n PELICAN DRIVE. WRIGHTSVIL E BEACH, NC 2B/B0 NEW HANOVER COUNTY, NC PROPOSED DOCK LAYOUT SHEET: ISSUE DATE: DRAWN BY. - PAGE 2 OF 3 2019.09.17 1 GCD AlIQ GHVV-V4OC o loZ 0 9 AON 3AI303U 8Ay O z.0 o � m a ��81 CC OC PI ^rcnou IKI . AkAA of Ir M m� No A N T 8gm N�m m,m .6. pp wzD <: TAO2 A Nn m m D ms� is zom , C OAO A oil I ~ 0 ®mz o m z m ozm moo mm wok N � N <g Qm T y A O nFD a0� Aso m D m m m mm o O m w v O — cn m oC v o m CA D/m� V ♦/ m --I z o� m Z � W SITE DATA ZONING SETBACKS R-1 ZONE FRONT: 15', SIDE: 15' REAR = 15' OR 30' CAMA IMPERVIOUS VALUES HOUSE: 1,707 SQ. FT. CONCRETE: 1,641 SQ. FT. TOTAL LOT AREA: 10,777 SO. FT PROPOSED DOCK CALCULATIONS 70 L.F BULKHEAD * 8 = 560 SF ALLOWED 136 + 136 + 102 + 157 = 531 SF PROPOSED NOTES 1) PIERHEAD LINE FROM TOWN OF WRIGHTSVILLE BEACH MAPS. 2) MEAN HIGH WATER IS AT FACE OF BULKHEAD. 3) PROPOSED FLOOD ZONE IS VE WITH A BASE FLOOD OF 13'. Lo RECEIVED [)CM WILMINGTON, NC Sp 2 5 2019