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HomeMy WebLinkAbout79-20 Minor Mod Michalek, JoePermit Class MODIFICATION/MINOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission J).0r, it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 79-20 Issued to Joe Michalek, 440 Sheffield Drive, Winston Salem, NC 27104 Authorizing development in New Hanover County at ado. to the AIW W and Middle Sound, at 8036 Bald Eagle Lane, in Wilmington as requested in the permittee's letter dated.9/28/2021, including the attached workplan drawing (1) "Sheet 1 of I" dated 9/28/2021. This permit, issued on December 20, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Expansion l) This permit authorizes only the floating jet ski lift, floating docks, boatlifts, 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 pier -head line. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Joe Michalek ADDITIONAL CONDITIONS Permit No. 79-20 Page 2 of 2 3) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 4) 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 area of riparian access. 5) This permit does not authorize any additional formalized boat slips. General 6) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 7) This Minor Modification shall be attached to the original Permit No. 79-20, which was transferred to the permittee on 9/28/21, as well as all subsequent modifications, refinements, and renewals, and copies of all documents must be readily available on site when Division personnel inspect the project for compliance. 8) All conditions and stipulations of the active permit remain in force unless specifically altered herein. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers assigned the project Action ID SAW-2007-01199. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2007-0252V2. NOTE: A minor modification application processing fee of $100 was received by DCM for this project. DCM Coordinator: L,, Permit #: 01-2 o Minor N1oca MAILING DISTRIBUTION SHEET Permittee:)nc Y►1jcLjcI�,T4j S��9ejA 17C Q;351M _5+,je_V4, C- Z V Agents DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Washington Wilmington (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdccgov Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director TO: FROM: THROUGH: DATE: SUBJECT: NOR II -I CAROLINA Environmental Quality RECEIVED Cameron Luck Ske 2 9 Y971 Assistant Major Permits Coordinator, MHC MP SECTION Katharine Elks DCM - MHD CITY Field Representative, Wilmington Tara MacPherson District Manager, Wilmington U September 29, 2021 Modification Request for State Permit No. 79-20 Joe Michalek 8036 Bald Eagle Lane, Wilmington, New Hanover County As acting agent for Mr. Joe Michalek, Andy Dortch with Land Management Group is requesting a minor modification to State Permit No. 79.20 to reconfigure the floating docks and add a floating jet -ski lift. A request to transfer the permit from Chris Bailey to Joe Michalek was submitted on September 10, 2021. Additionally, General Permit 80353-D was issued on September 15, 2021 to expand the permitted 8' by 24' roof to the entire 24' by 16.5' fixed platform With a IS overhang on all sides. This modification request includes a 6' by 20' floating dock connected to the permitted floating dock extending south in a position parallel to the shoreline. A small 4' by 6' gangway landing would be added waterward from the proposed 6' by 20' floating dock to support a gangway onto a 6' by 13' floating platform positioned perpendicular to the shoreline with a boatlift on each side, each measuring approximately 12.5' by 12.5'. A floating jet - ski lift measuring approximately 10' by 13' is also proposed to be located on the landward side of the proposed 6' by 20' floating dock. The proposed new structures would not extend past the pier headline, nor would they extend past the previously permitted floating dock, which was permitted to be waterward of the 1/4 width since there are longer docking facilities within 200'. The slip count (4) would remain the same as permitted in State Permit #79-20. The proposed modification would add an additional 358 sq. ft. of platform for a total of 1,100.5 sq.ft. Per State Permit If 79- 20 the property has approximately 255' of shoreline which would support the total 1,100.5 sq.ft. of platform, see Sheet 1 of 1 dated 9/28/2021. Land Management Group has submitted a check on behalf of Mr. Joe Michalek (check No.2332) in the amount of $100 for the modification request. As proposed, this office has no objection to the proposed transfer or project modification as long as there are no objections from other the agencies to this proposal. It appears that the project continues to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(5), By copy of this memo, DCM is requesting that NC DFM and NC DWR provide any comment that your agency may have on the proposed project to Gregg Bodnar of DCM's Morehead City office within 14 days of receipt of this memo. / , CIL cc: WIRO File USACE 10/2°t 1`1I NC DWR- Holley Snider ✓ NC DMF- Kim Harding Christine Bouffard, LPO 10/71 1/ �� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Omce 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 r vm,c—. �-s"'� 910.796.7215 LMG LAND %IA.VA6F,V WiiY GROUP • OWNS .immrym September 28, 2021 REC:FIVED TO: Katharine Elks MP 5 : North Carolina Department of Environmental Quality D`.� " Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 8036 Bald Eagle Lane (LAMA Major 79-20, DWR 2007-0252V2, Corps SAW-2007-01199) CAMA Minor Modification Request Katharine, Please find enclosed a LAMA Minor Modification request for the 8036 Bald Eagle Lane Project located adjacent to the Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Specifics of the proposed work involve construction of a 6' wide x 22' long floating finger pier with 4' wide x 6' long gangway landing and 6' wide x 12' long loading platform. Also proposed is the relocation of two permitted boat lifts and the expansion of the two boat lifts from 12.5' x 12.5' to 14' x 12.5' and 17' x 12.5'. A proposed 10' wide x 13' long floating jet ski lift is also proposed as depicted in the attached figure. Adjacent notifications have been delivered and riparian waivers are attached. Please let me know if you have any questions or need anything in addition to accept the minor modification request as complete. Sincerely, I Andy Dortch Land Management Group RECEIVED SEP 2 8 2021 DCM WILMINGTON, NC Enclosures: Updated Dock Detail Figure; Agent Authorization; Deed and Existing Permits; Riparian Waivers; LOOS Minor Modification Transfer Fee Check cc: Joe Michalek wwwArngroup.net • info(61nigroup.net • Phone: 910.452.0001 n Fax: 910.452.0060 3805 W7ightsville Ave., Suite 15, Wilmington, NC 28a03 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Joe Michalek Mailing Address: 440 Sheffield Drive Winston-Salem, NC 27104 Phone Number: Email Address: joeQpiedmontdistillers.com I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development. permit transfer and minor modification at my property located at 8036 Bald Eagle Lane, Wilmington NC in New Hanover County. Y 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: _-� RECEA/C Signature �ScfQli `.1V{irl N11tl�Q��. SErZ�► 21 Print or Type Name #rlPgr4: � DtttJ�R DCM Title Date RECEIVED This certification is valid through 12 t31 /2021 SFP 2 8 70i OGM W10AINGTON, NC 6ai Permit Class TRANSFER RECEIVED SEP 2 91011 MP SECTION DCM - MHO CITY STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Jkrmft for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation and/or filling pursuant to NCGS 113-229 Issued to Joe Michalek, 440 Sheffield Drive, Winston Salem, NC 27104 Pernit Number 79-20 Authorizing development in New Hanover County at adi. to the AIW W and Middle Sound. at 8036 Bald Eagle Lane, in Wilmington , as requested in the permittee's application dated 5/6120, including attached workplan drawings (4), dated 5/5/20. This permit, issued on September 28, 2021 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation Jt mese terns may be subject to lines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility I) This permit authorizes only the docks, piers, platforms, boatlifts, 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 pail 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 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. (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 pentrit, 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. For Braxton C. Davis, Director Division 4ftEIVIff5magement This permit and its conditions are li rfhy nep�tgd, DCM WILMINGTON, NC Signature of Pennittce Joe Michalek Permit No. 79-20 RECEIVED Page 2 of 3 SEP 2 9 2011 ADDITIONAL CONDITIONS 3) Any lMpic%&b1permitted access pier and docking facilities built above Coastal Wetlands shall not excCoMx QWptCp"h and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 4) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the existing pier headline. 5) This permit does not authorize the interference with any existing or proposed Federal project, and the pennittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 6) No attempt shall be trade by the pennittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) 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 pennittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 8) X This permit authorizes a maximum of 4 formalized boat slips. 9) 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 area of riparian access. 10) 1-1( The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 11) � The roof of the gazebo shall not be designed for second story use. USACE Conditions 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httal: %%xs.au\ Ile -es mammal manatee uiJrlinc..rnll: General 13) 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. RECEIVED 14) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The pennittee is not relieved of this requirement if he 6JDhg2*at{dgns the permitted activity without having it transferred to a third party. DCM WILMINGTON, NC Joe Michalek ADDITIONAL CONDITIONS Permit No. 79-20 Page 3 of 3 15) The penmittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 and Programmatic General Permit No. 198000291 (Action ID SAW-2007-01199). 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. 2007-0252V2. 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. NOTE: A transfer application processing fee of $100 was received by DCM for this project. RECEIVED RECEIVED SEP 2 9 M21 UP SEC'"ON SEP 2 A J? I [)CM - MHO c DCM WILMINGTON, NC RECEIVED `�1� CAMA / ❑ DREDGE & FILL : V 9 80353 A B C C1 4$NENERAL PERMIT SEp QQ99 Previous permit#�9'a� ew F1Modification CCompleteReissuue CiParia(Reinue Date previous permit issued'1'1W)ate>a As authorized by the State of North Carolina, Depart me..�'1,t6...,l,.�Ln�wrameeWK*lily f,t 1���y. and the Coastal Resources Commission in an area of endsitorPoBsta(�F)n(ptltMtst to I SA NCAC �7 t . -1 'r�^� I Applicant Name, JVe _lM (LG (t k Project Location: County oe Gv. Lsi't4t�'� Addresswy 4 0 !. D(ll fit, Street Address/ State Road/ Lot #(s) atyNtl-YAW+VA _ State IVC, ZIPgJPtV <3�L1e 3 Phone # (_) _ _. E Mail �J I.t [dm ussf J&ffI1W Subdivision AuthorizedAgentl_0�4 RAlt te-e-Ma--} 6 . �/ CityW_1�1MkV%TfCYI_._ _ ZIP R- I'..___ Affected C)CW 'OW OPTA ues OPTS �tG_ (y 4l Phone# (_ RiverUdnwk(4-e �k AEC(s): DOER OHHF ❑IH DUBA UN/A t�^va✓'{t �u Adj. Wgr. Bodyl_�tf� U Jaws: ORW: ye / no PNA yes Closest Mal. Wtr. Body r `v` [ d A Tyne of Project/ ActivityMel a vv W4k Q I. S r Ut-EVI'A'A1 UV w 44%9. o -RIS I [ nl Pr )'d nlF 11 �''yh (Scale: ) Pier (dock) length Fixed Platform(s) _....... .._. l -- E 0 Floating Pbdorm(s) ... Finger pter(s) let)Sw Groin length number Bulkhead/ Rpra length Permitted ze' x 5.8' avg distance offshore Caveted Patio max distance off Basin, channel Bon ramp / ` d 12.5X tt.S / Boatn LiLifla (z) Boathouse/ Boadift BeachvvB9uildo W Othersr�Jr� ��!x La.•.S' Shoreline LangdtaLine s ru SAV: not sure yes no "Pfopoeed Moratorium n/a yes no `Covi:rlo9 Photos: yes ®o Rtla'tVa Waiver Attached: yes no 1t A building permit maybe required by: � QAW RAVr,0s(U/ CEa . ( Note Local Planning jurisdicdonny� g� As-aC p II Noted Special Conditions Ai, $(+ 'wO &((eyot, SIC-4 r\Ar>-' `J r _ Agen[ App/ai t%��' Nama v,�/t n t...� Agnatu "lease read compliancestate ent on back of Permit ,rr. Application Fee(s) Chassis General Permit - tile ilncoveredPernllli 74'x s'P IJ See note on back regarding River Basin rules. via I.otal efrk I�h�r(re. EIS P1ar/mu 0fliter s Printed Name tK..L_4 ha s` Signatture i5 Issuing D�± ate DCM WILMINGTON, NC I_h s ta 0 a' - Expiration Dale Book 6477 Page 2765 RECEIVED BK: RB 6477 PG: 2785.2786 2021038340 SEP 2 8 2021 BECORDE° 0810r12021 NEW HANOVER COUNTY, MP SECTION 03:09:34 PM TAMMY THEUSCH PIVER aEWSTeR DCM - MHD CITY By ANGEU EMUSH OE OEEDE oEotILY ELECTRON NORTH CAROLINA GENERAL WARRANTY DEED NG FEE rra.0r REAL ESTATE EXTx33M00 Excise Tax: S 3,200.00 Parcel Identifier No. R03720-001-004-000 Verified by County on the day of , 20_ Mail/Box to: Fuss Law Fight, PC 1904 Eastwood Road Suite 315 Wilminitton NC 28403 This instrument was prepared by: Fuss Law Firm. PC. 1904 Eastwood Road Suite 315. Wilmington NC 28403 Brief description for the Index: LOT 13, SEC D. Porters Neck THIS DEED made this 4th day of _ August , 20X, by and between Christopher Warren Bailey PO Box 400 Jacksonville, NC 28540 Joseph J. Michalek and spouse Katherine N. Michalek 8036 Bald Eagle Lane W ilminglon, NC 28411 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g corporation or partnership. 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 W ITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receiptof which is hereby acknowledged, has and by these presents does gran4 bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Wilmington Township, New Hanover County, North Carolina and more particularly described as follows: BEING ALL OF LOT 13, SECTION D, PORTER'S NECK PLANTATION SUBDIVISION, as shown on map ofsame recorded in Map Book 5 at Page 45 in the New Hanover County Register of Deeds office, reference to which is hereby made for a more particular description. The property hercinabove described was acquired by Grantor by instrument recorded in Book 4996 page 1337 RECEIVED All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 5 page 45 _ e, F I, 2 S L 0 L NC Bar Association Form No, 3 O 1976, Revised 01977, 2007, 2013 Page I art DCM WILMINGTON, NC: This standard form hu been approved by: Rimed by Agreement with Ne NC Bar Association - 1991 North CuoUm Bar Asswiatiaa -NC Bar Form No. 3 Submitted electronlca11y by "FUSS Law Firm, PC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6477 Page 2786 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee. that Grantor is seized of the premises in fee simple, has the right to convey the some in fee simple, that title is marketable and free and clear of all encumbrances. and that Gramur will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Restrictive covenants recorded in Book4996, Page 1334, New Hanover County Registry. 2021 ad vakxem taxes. IN WITNESS WHEREOF. the Grantor has duly executed the foregoing as of the day a year st ve written. SEAL (Entity Name) Prindrype By: e r W rten Baile PrinNrype Name & Title: Print/Type Printfrype Name & Title: Printrrype Printrrype Name & Title: Printrrype State of NACarolina _ - County or City of New Hanover I, the undersigned Notary Public of the County or City of New Hanover and State aforesaid, certify that Christopher Warren Bailey`...u''•'""""n. personally appeared beforeme this day and acknowledged the due execution of the foregoing instrument for the purposes.(Serpin ekp fiod'4Yitness my, hand and N tarsal stamp or seal this 4th day of August .20 21 �G �,untw Nou,ly rot C 0 % _ My Commission Expires: 1,1 _' = Co 2Q\` rill, O 0114ini:. Notary Public (Affix Seal) rp.2 n� \� Notary's Printed or Typed Name of North Carolina - County or City off 1, the undersigned Notary Public of the County or City New Hanrn r and State aforesaid. certify that personally appeared before me this day and acknowledged the due execution of the foregoing instmment for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 4th day of .20 My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name amte or - County or City of 1, the undersigned Notary Public of the County M City of and State aforesaid, certify that personally came before me this day and acknowledged that he is the of —.a North Carolina or corporationAimited liability company/general partnership/limited partnership (strike through the inapplicable). and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal. this —day of , 20 My Commission Expires: (Affix Seal) NC Bar Assariarion Pam No. 7 O 1976. Revittd O 1977, ±oa±, ±0U Page 2 of ± Printed by Ag..tasl wllh Ilm NC Bar Association - 1981 Notary Public Notary's Printed or Typed Name This suadmd tom has bell lwy� Nonh Carolina B. Assoct.lion—NC Jl E RECEIVED SEP 2 8 2021 SEP 2 9 2021 MPSEGfWNE 0CM WILMINGTON, NC DCM - MHO ASSIGNMENT OF PERMITS This Assignment of Permits (this "Assignment") is made as of fy day of U(2021 by Christopher Bailey, a/k/a Christopher W. Bailey, PO Box 687 Wrightsville Beach, NC 28480 ("Seller') to Joseph J. Michalek and Katherine N. Michalek ("Buyer"). WHEREAS, on this date Seller has conveyed to Buyer the tract of land described on the Exhibit "A" attached hereto ("Property"); and WHEREAS Seller and Buyer intend that Seller also assign to Buyer all of Seller's interest in the Permits (as hereinafter defined) to the extent the same apply to the Property. NOW, THEREFORE, Seller for and In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, hereby agrees as follows: forever. 1. Seller does hereby ASSIGN to Buyer all of Seller's right, title, and interest in and to the following permits, if any, but only to the extent same pertain to the Property ("Assigned Permits"): (a) NCDEQ and Coastal Resource Commission Major Development Permit 79-20, attached; and (b) NC Division of Water Resource Permitf12007-0252V2 and Water Quality Certification4175 (GC4175), attached; and (c) U.S. Army Corps of Engineers General Permit Verification SAW-2007-01199, including General Permit 197800056, attached, TO HAVE AND TO HOLD the Assigned Permits unto Buyer and Buyer's successors and assigns 2. This Assignment shall be binding on Seller, its successors and assigns, and shall inure to the benefit of Buyer, its successors and assigns. 3. Seller warrants that he has the right and power to make this assignment; that he is the permittee in each permit and that all permits have not been revoked by the grantor thereof and that the rights under the permits have vested and are in full force and effect. Further, the parties agree that additional steps will be necessary to facilitate assignment of some of the Permits, including without limitation. 4. Seller and Buyer will each cooperate with each other, their employees, and agents to the fullest extent necessary to facilitate the purpose and intent of this Assignment, including, without limitation, the providing of information and documentation that may be reasonable required for the enforcement of the rights and interest assigned hereby. 5. This Assignment maybe executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. RECEIVED SEP 2 91011 MP SECTION DCM - MHO MY RECEIVEUL SEP 2 8 211� UCM WILMINGTON, NC 6. Seller shall deliver the original executed Permits to Buyer at closing along with any other sketches , maps or plans pertinent to the implementation of the construction of improvements described in the Permits. IN WITNESS WHEREOF the parties set their hand and seal the date below written. SELLER: Christopher Bailey a/k/a Christopher W. Bailey BUYER: Joseph ichalek Katherine N. Michalek RECEIVED SEP 2 9 2021 MP SEC7i(3N DCM - MHO (My Date Date s zzlz2 Date RECEIVED SEP 2 8 2021 DCM WILMINGTON, NC 6. Seller shall deliver the original executed Permits to Buyer at closing along with any other sketches , maps or plans pertinent to the implementation of the construction of improvements described in the Permits. IN WITNESS WHEREOF the parties set their hand and seal the date below written. SELLER: BUYER: a/k/a Christopher W. Bailey Joseph J Michalek Katherine N. Michalek RECEIVED SEP 2 8 2021 MP SECTION DCM - MHD CITY Date Date Date RECEIVED SEP 2 8 1?02' DCM WILMINGTON, INC. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, and; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Joseph J. Michalek and spouse, Katherine N. Michalek Name(s) qfprincipai(s) Witness my hand and official seal, this the day of 2021 My Commission Expires:_ N ktar)m 1i STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, and; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Christopher Bailey a/k/a Christopher W. Bailey Name(s) ofprincipal(s) Witness my hand and official seal, this the dayof 2021 My Commission Expires: otary Public RECEIVED SEP 2 8 2021 SEP 2 91021 MP SECTION DCM WILMINGTON. 14C DCM - MHD CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Address of Property: Joe Michalek 8036 Bald Eagle Lane, Wilmington NC Mailing Address of Owner: 8036 Bald Eagle Lane, Wilmington NC Owner's email. joe@piedmontdistillers.com Owner's Phone#: Agent's Name: Andy Dortch Agent's Email: adodch@lmgroup.net 336-354-6299 Agent Phone#: 91OA62-0001 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying far this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing with dimensions must be provided with this letter. 1— DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive EXT, Wilmington, NC 28405. DCM representatives can also be contectedat (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed 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 (this does not apply to bulkheads or nprap revelments). (If you wish to waive the setback, you must stun the appropriate blank below.) I DO wish to waive some/all of the 15' setback NIA of Adjacent Riparian Property Owner NtA I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: � � y/!x -e- TypedlPrinted name of ARPO: S Vr: pl AL01U Mailing Address of ARPO: _ l rt�0 CIM01 AA kohlA, b uNnj r NC ZQ 3 34 ARPO'semail: 54v02IMR10 '--hC CR11tui ARPO'sPhone#: yJb -1b90- 1(f4 Date: -waiver is valid for up to one year from ARPO's Signature' RECEIVED Revised CE _t� SEP 9 9 wi MP SECTION DCM.- MH© CITY UCM WILMINGTON, NC N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: Joe Michalek Address of Property: 8036 Bald Eagle Lane, Wilmington NC Mailing Address of Owner: 8036 Bald Eagle Lane, Wilmington NC Owner's email: joe@piedmontdistiilers.com Owner's Phone#. 336-354-6299 Agent's Name: Andy Dortch Agent's Email: adortch@lmgroup.net Agent Phone#: 910-452-0001 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. Adescription or drawing, with dimensions, must be Provided with this letter. 1 DO NOT have objections to this proposal: 1 DO have objections to this proposal. ff you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be malled to 127 Cardinal Drive EXr, tMimington, NC 28405. DCM representatives can also be contactedat (910) 796.7215. No response Is considered the same as no objection M you have been notified by Certified Mall. WAIVER SECTION I understand that any proposed 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 (this does not apply to bulkheads or dprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback NIA Signature of Adjacent Riparian Property Owner -OR- N/A I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: -Z TypedlPrinted name of ARPO: jLA RA Y Er �S Mailing Address of ARPO: ft -;o .8 A2D SAC 1C WV C-,. W11,tA1,V r'" tJ IA((r ;Q#11 ARPO's email: IKrayct5 0 QM(i ( . ARPO's Phone#: tom Date: 9 66 hoz, `waiver is valid for up to one year from ARPO's Signature" RECEIVED RevisedKEOVIVED' SEP $ 91011 SEP 2 8 ' MIP SECTION DCM WILMINGTON, NC DCM - MHr) CITY / USACE Permitted 24' x 16.5' Covered Patio with 1.5' Eve Overhang Proposed 10' Wde x 13' Long Floating Jet Ski Lift Proposed Restructured Decking Facility (6' Wide x 22' Long Floating Finger Pier with 4' x 6' Gangway LanQing and 6' x 12' Loading Platform) 6 0 1 ROW w i..mm Cory or and Permitted 6' Wde x X Long Floating Deli) // 15' Ripanangb0Ck 1 LU N L��7 Ye L 12.0 / } Waterbody Width.(-123') j Existing Pierhead Line 27 / JJ/'� 14.5' USACE aelback � po U , l W o �� r o 112' o / Proposed t4' x 12.6 Be* Lift (12.5' x 12.6 Boat LiftRwiousy Perm*) 2 H (7 o / W °° Z Proposed 17' x 12.5' Boat Lift W w X. (12.6 x 12.5' Boat Lift Previously Permitted) M H 3 o / seen _ VX4mI MA LMG M"O'MO�ij°O" aoY 1+t0 U 1,115 um vwo 1a1 `�nwNm Conblf Li1108 NOTES: 1. WATER DEPTHSCd1ECTD 16, ESPASSOCWTES. PA. RELATIVE USACE RgMol Wey SAD83NESS M16Y 11 V55 _£METH IOF USACE Setback SEREME HpiE NE AT NORWAL HIGH WATERSFFEET. 2, 3. ENTIRE PROPERTY IS WITHIN 575' AEC. Rpenan Cortitlor ----- 4. NOTASURVEYEDOR ENGINEEREDURAWING. FOR ENVIRO1 ENTALPEWMTIMC Edsting Per -head Line Riparian Se ONLY jWaterbodyWMh(-123') g 5�1g�20 N Luck, Cameron A From: Bouffard, Christine <CBouffard@nhcgov.com> Sent: Friday, October 29, 2021 3:50 PM To: Luck, Cameron A Subject: [External] RE: CAMA Minor Modification Request: Joe Michalek #79-20 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. No issues : ) Christine Bouffard Zoning Compliance Official New Hanover County - Planning & Land Use - Planning & Zoning (910) 798-7074 p 1 (910) 798-7053 f CBouffard@nhcgov.com 230 Government Center Drive, Suite 110 Wilmington, NC 28403 www.NHCqov.com From: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Sent: Friday, October 29, 2021 3:08 PM To: Bouffard, Christine <CBouffard@nhcgov.com> Subject: FW: CAMA Minor Modification Request: Joe Michalek #79-20 ** External Email: Do not click links, open attachments, or reply until you know it is safe ** Hey Christine, Just wanted to check in to see if you had any comments regarding this Minor Mod. It's a residential docking facility expansion of just the waterward structure. Thanks, RECEIVE Cameron Luck Assistant Major Permits Coordinatorp North Carolina Division of Coastal Management MP �tCa ]UN North Carolina Department of Environmental Quality DCM 1Gthf1��7Y 252 808 2808 ex.228 - office Cameron. Luck(ancdenr.gov D _EC �vo.. RmTM C; Ao01 ....�,., ,..� i 400 Commerce Avenue Morehead City, NC 28557 http://oortal.ncdenr.org/web/cm/dcm-home Email correspondence to and from this address is subject to the Luck, Cameron A From: Snider, Holley Sent: Friday, October 29, 2021 2:26 PM To: Luck, Cameron A; Currey, Gregory E CIV USARMY CESAD (USA) Subject: RE: CAMA Minor Modification Request: Joe Michalek #79-20 Attachments: GC4175.pdf Good afternoon Cameron, The DWR has no objection and no written approval will be required to reconfigure the existing docking facility located at 8036 Bald Eagle Lane, adjacent to Middle Sound, in New Hanover County. The conditions of the attached general water quality certification n #4175 remain effective. Please feel free to call or email me if you have any questions or I maybe of assistance to you in any way. Sincerely, Holley Snider.-" ><((((4>." '•. ..><l(ll°>• Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality Phone: (910) 796-7303 D_E ryllM1tu Y:nFC.t'Mrt W� ppM ,On:IfLM11M11N1 Ullall� 127 Cardinal Drive Ext. Wilmington, 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: Luck, Cameron A <Cameron.Luck@ncdenr.gov> Sent: Friday, October 29, 2021 1:16 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Currey, Gregory E CIV USARMY CESAD (USA) <Grego ry. E.Currey@ usace.army. mil> Subject: FW: CAMA Minor Modification Request: Joe Michalek #79-20 Hey Guys, Wondering if either DWR or USACE had the chance to review this minor mod and provide comments. It is a residential docking facility expansion that modifies the waterward structure only. Thanks, Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252 808 2808 ex.228 - office Luck, Cameron A From: Harding, Kimberlee k Sent: Wednesday, October 6, 2021 4:05 PM To: Luck, Cameron A Subject: RE: CAMA Minor Modification Request: Joe Michalek #79-20 NCDMF does not have any concerns or comments on this modification From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Wednesday, September 29, 2021 5:53 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; CBouffard@nhcgov.com; Snider, Holley <holley.snider@ncdenr.gov>; Perry, John M <John.Perry@ncdenr.gov> Cc: Luck, Cameron A <Cameron.Luck@ncdenr.gov>; Elks, Katharine B <katharine.elks@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; SVC_DCM.MHC.Admins <DCM.MHC.Admins@ncdenr.gov> Subject: LAMA Minor Modification Request: Joe Michalek #79-20 Hello! Please accept this request for a CAMA Minor Modification to Major Permit No. 79-20 from the above subject property in Wilmington, New Hanover County. Please reply to Cameron Luck before October 13, 2021 at cameron.luck ncdenr.gov or (252) 808-2808 ext. 228 with your questions, comments or concerns. Thank you, 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(a ncdenr.gov 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. Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 9/29/2021 Davey Resource Joe Michalek United 2332 $100.00 Minor Mod #79-20, 8036 Bald KE rct. Group Inc. Bank Eagle, Wilmington NHCo 15678