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HomeMy WebLinkAbout122-20 Myers, Virginia & DennisPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 122-20 Issued to Virginia and Dennis Myers and Daniel Cameron Jr., 126 Pecan Ave., Wilmington, NC 28403 Authorizing development in New Hanover County at ad*. to Bradley Creek, at 126 Pecan Ave., in Wilmington as requested in the permittee's application dated 9/2/20, including attached workplan drawings (3), Exhibit 7 and 12 dated "Received DCM Wilmington 9/10/20", Exhibit 8 dated 5/12/20. This permit, issued on December 23, 2020 , is subject to compliance with the application- (where consistent with the permit), all applicablexegulations, 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 1) This permit authorizes only the access pier, fixed platform, fixed stepdown platform, boatlift, 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 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 permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Virginia and Dennis Myers and Daniel Cameron Jr. Permit No. 122-20 Page 2 of 3 ADDITIONAL CONDITIONS 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) This permit authorizes an additional two (2) slips located on the authorized new docking facility in addition to the existing two (2) slips on the previously constructed docking facility, for a maximum of four (4) formalized boat slips. 5) Should either adjacent Lot to the east or west be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 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 authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 8) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. USACE / FEDERAL CONDITIONS 9) 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 https://www.fws.gov/raleigh/odfs/ManateeGuidelines20l7.pdf. General 10) 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. 11) 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. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 13) All debris associated with the construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. Virginia and Dennis Myers and Daniel Cameron Jr. Permit No. 122-20 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 197800056 (Action ID SAW-2020-01790). 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. 2020-1539. 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: An application processing fee of $250 was received by DCM for this project. 01 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New v Major Mod Permit# Permit Coordinator: Field Representative: Date Time ID K� II- ►1- tD Minor Mod _ Renewal Transfer Message y2ece;vd;� MHC ` q6 A4011.5 Wl l,L 03-a uI" wl(bl nf� 4WAL -PNMMJ U)ILL 4 01171 f4 Alb Ctup wr + CO -1t(PWA� ( 15stt RECEIVED gem M11,-1 APPLICATION for QLCT 0 9 2 Major Development Permit DCM-MHD (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landownerinfo►madon Business Name �� Project Name ttd applicable) �o�S�cve'C -q;x�a. \frcpa.s��i_' h�A� pplicent 1: First Name k� MI Last Name r rst Name MI Last Name CO.%Meiox\., Jc If additional applicants, please attach an additional pages) with names listed. Mailing Address 1 z N NlLb,— p- Pp Box Btate, , o.- /A`1� C ZIP : ggqo3 Country \K. Phone No. FAX No. 1\1(5 4I1a,PA - - Street Address (if different from above) City State Zip Email avS _ 9c%'.N Cw��sor - oS�c.o. �`ovv4�ii�) \e ova.Cot+� 2. Agent/Con&actorfnfcrmadon Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contra First Name MI Last Name Meiling Address Doi. - b3�� CGcC�.os ps. PO Box C' � State ZIP Phone No. 1'6 t Phone o. 2 Ob ext. C\\,0 u ext. FAX No. Contractor# 1 Street DAddrT`if rant a )C tyEfateZIP <Form continues on back> (� SEP 0 8 2020 Wice„ i i en 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location Pa e-9� 05�-Xo_ County (can multiple) Street Address 6 PkC_a., Asl` State Rd. # ,a o es Subdivision Name City� \\ or` State NL Zip --�q a O 3 ea c� �1 \�`�) Phone No. q\0-'�ao-'18 Ob ext. Lot Norr(�s),,,(lf man attach additional page with list) `vl\E-. �, <0 a. In which C riyer basin is the pro a located? b. Name body of water nearest to \&% roposed project a 0 c Is the water body identified in (b) above, natural or manmade? Natural ❑Manmade ❑Unknown d. Name the closest m jor water body to the proposed project site. e Is proposed work within city limits or planning jurisdiction? Yes ❑No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) 233 � b. Size of entire tract (sq.ft.) 1,59 ac cis C. Size of individual lot(s) om l O d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) ANHW or ❑NWL b 1 e. Vegetation on tract tx Z, (S P,� o sV,C-I f. Man-made features and uses now n tract �o J (3.s12N'scq v*) C g. Identify and describe the existing land uses adiacent to the proposed prof sde. B, � .r�/eo �roh t0tA P�(—A h. How does 1=1 government zone the tract? R_ i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, it applicable) gYes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes JANo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yeslo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes DNA National Register listed or eligible properly? !e.CEIVED MEWED continues on next page> OCT 0 9 2020 SEP 0.8 ,90,ZO 0 252.808.2808 :: 1-888.4RCOAST :: wwwDGMo111WP W"MaMW tl` Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (i) Are there wetlands on the site? UYes ❑No (ii) Are there coastal wetlands on the site? '$Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) Oyes I No n. Describe existing wastewatertreatmentfacilities. o. Describe existing �drinking )eater supply sou tl p. Describe existing storm water management or trisalment systems, \ 5. Act/vides and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Pubiic/Govemment '$Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. 1 e,i � L� V2Lk p1 � a Describe the posed constntdio methodology, types of construction uipmen[ to be used during construction, the number of each type of equipment and where it is to be stored d. List all development activhiq you propose. xe�a_�cebS jai o�o oo`-ro]�6-00© e. Are t proposer activ' maintenance of an existing project, n work, -Or both? R f. What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or []Acres X 1eiso = 3o 0 3 g. WIII the proposed project that the public has established encroach on any public easement, public accessway or other area ❑Yes No ❑NA use of? h. Describe location and type of existing and proposed discharges to waters of the state. NR i. Will wastewater or stor maater be discharged into a wetland? Dyes No ❑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 o ❑NA If yes, attach a mitigation proposal. <Fortn continues on back> OCT 0 9 2020 SEP 0 8 2020 252-808-2808 .. 1-888-411COA8T :: www.nccoastatmanage ment.net C Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. 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) — (0 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, Geary indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. as O f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name !� o[ qr so.a\, p,j� Soya �( !J Phone No. L''t Address n n, v.3C quo - Zq1 - 3y� I i `�coa. fiat V�%\'tn.t�},n. N c- 18�i e I NameJ�qr_D �)_7AAA' *, Q.- k�0. Kt\ S Phone No - Address at.f�C ���ot 9\0-398 -°1100 Name �S6 �Dti c� 17ivt l iii rid Phone No. Address t7.6'�trnaCo�.'8Q a8401 at), a4q g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. •�� Cii`M'(� o- ;�*'16S;x's 7�..�a d�lrteditrr `t2 s3 a �,.� h. Signed consultant or agent authorization form, I applicable. I. Wetland delineation, if necessary. I j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) Ittm ■rojec! k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the p� imrohres expend" of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Art. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this applica 'on is truthful to the est y knowledge. Date ���� 2 D Print Nam .t ht o- Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED \ ❑DCM MP-3 Upland Development CM MP-4 Structures Information S E P 0 8 °6°0 RECEIVED OCT 0 9 2020 DCM WILMINGTON, NC 252-808.2808 .. 1.888.4RCOAST ;:"www.nc aA.f DCISI'¢vgement.net - Form DCM MPA STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MAR/NA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑Public/Govemment�rivate/Community ❑Yes 1ONo ie c. (i) Dock(s) and/ s t-� %4 AGE/�S-S t t� d. (i) Are Finger Piers included? []Yes KNo (it) Number I g S If yes: (ill) Length (ii) Number (iv) Width 6 (ill) Length (v) Floating []Yes No � _ (iv) Width _ (v) Floating []Yes ❑No e. (1) Are Platforms included? Ayes If []No ..- f, (i) Are Boatliffs included? Yes []No yes: �� �Ct If yes: (ii) Number (ill) Length 6 +e—. � ` (ii) Number (iv) Width so S (ill) Length �— Floating [:]Yes &No � (rv) Width (v) l y �''-N7-,��� Note: Roofed areas are calculated from dripline dimensions. ! `"' g. (i) umber of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (H) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies Dockage (-wet slips-) only, number of slips: 1 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel ch er boats, sell bo is, mixed types). ❑Open water; dredging for basin and/or channel V-V�0.tJ Open water; no dredging required ❑Other, please describe: k. Typical boat length: I Cr 6K1�f I. (i) Will the fdv& be open to the general public? m. (i) Will the facility have tie pilings? ❑YesANO RECEIVED ❑Yes 'ANo (ii)Ifyes number oftie pilings? RECEIVED SEP 08 2020 OCT 0 9 2020 MM WILMINGTON, NC 252-808-2808 ::1-eaa-ar COAST :: www,nccoastalmanaaement -M-MHD CITY revised:12127/Os Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OpERATIONS XThis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (h) Give the location and number of "Pumpout Available' signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? in. Is the marina/docking facility proposed within a primary or secondary nursery area? RECEIVED SEP 0$ 2020 ❑Yes []No OCT 0 9 2020 DCM WILMINGTON, NC 252-808-2808:: 7-888-4RCOAST:: www.nccoastalmanaaement net DCM-MHD CITY revised: 12/27I06 Form DCM MP-4 (structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL []None P. Is the proposed marinaldodring facility located within or within close proximity to any shellfish leases? []Yes []NO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ❑Private/Community Ill) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (1) Number Ill) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands C. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a, �a YlO 3Y Yl:lYI atul. ❑Commercial ❑PubliclGovemment ❑Private/Community c. Distanceto be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing _ 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED RECEIVED S E P 0 S ' ,J''N CM WILMINGTON, NC 252-808-2808 ::-888.4RCOAST :: www.nccoastalmanacement net revised: 12/27/06 DCM-MHD CITY Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines a s� Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width o9dy ter twt ALL,, �t* e. (i) Will navigational aids be required as a result of the project? ❑Yes ,KNo DNA (ii) If yes, explain what type and how they will be implemented. Proximity of structure(s) to adjacent docking facilities. 60i fli,4 Water depth at waterward end of structure at NLW or NWL 31 8. OTHER ❑This section not applicable a. Give complete description: (z 6'6 Date CoymeCo•� P ; / Q 1 �, F� Project Name Applicant Signal 4 `1 �C _\ Fb- T � s RECEIVED OCT 0 9 2020 RECEIVED SEP 0 8 2020 DCM-MHD r(TY DCM WILMINGTON, NC 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement net revised: 12/27/06 cx�16'�g-p"e"o Q'J�� \ Ca�es�v� �o Q ��\VL M A AL �'S\l- 4 RECEIVED OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 S 2020 DCM WILMINGTON, NC e d -��v tzs s h►a�. �o+ fe na�+ dab to �' • r�`;'�1 t� si >la � ♦i ,iw � !� �t* ae 1,20 t�*d j°y t R C�srr� v K o m RECEIVED oC SEP 0 S 2020 n o m 0 0 DCM WILMINGTON, NC -C DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED APPLICANT: Virginia and Dennis Myers COUNTY: New Hanover PROJECT NAME:126 Pecan O C T 0 9 2020 LOCATION OF PROJECT: 126 Pecan Ave, Adj to A1WW, Wilmington DCM-M H D CITY DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-28-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Armco DISTRICT OFFICE: WII.MINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250#2015 APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE RECD: 10-12-20 END OF NOTICE DATE: 11-2-20 ADJ. RIP. PROP NOTICES RECD: DEED RECD: Yes C) 75 DAY DEADLINE: 12-12-20 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 10-9-20 STATE DUE DATE: 11-2-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NO'ICS DCM — Field Rep DCM — LUP Consistency Determination a Local Permit Officer p- 2'GCgl-5 Corps of Engineers — Regulatory Branch I � 10-20 YkG77 DWR-401 Section I _ I _ 741) DWR— Public Water Supply I��—zyiL DEMLR — Stormwaterii-- DEMLR— Sed and Erosion 0- X DOA — State Property Office Wildlife Resources Commission �- DMF - Shellfish Section 0 DMF - Habitat & Enhancement Z DNCR-Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce «. ROY COOPER Gavemor �_ f4� 5" MICHAEL S. REGAN ;',� Secretary w� BRAXTON DAVIS NORTH CAROLINA Dare ror, Division ojCoastal Environmental Quality Management October 8, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertCa)NCDEN R.aov SUBJECT: CAMA Applicant: Virginia and Dennis Myers Project Location: 126 Pecan Ave., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lift for a total of two (2) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weirchert at the address above by IN4vember.2, 2020: If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY SIGNATURE DATE Public Water Supply 10-12-20 State ofNwh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E.t, Wilmington, NC 28405 919 796 7215 RECEIVED OCT 12 ,bM MP SECTI(A DCM - MHD CITY ROY COOPER 1 Gorcn+w -s MICHAEL S. REGAN scaremn BRAXTON DAVIS DIMclor, Division af('oatlal Mmmgemenl October 8, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(MN CD EN R.00v SUBJECT: CAMA Applicant: Virginia and Dennis Myers Project Location: 126 Pecan Ave., adjacent to the AIWW In Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lilt for a total of two (2) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this &M to Curt Wevahert at the address above by November 2, 2020. 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_ Lir%da- E- 1. %ter AGENCY Pu.) 401,AQVe( l d11n\( RECEIVED SIGNATURE Gc j OCT 12.1010 DATE lT (Z 10 Zd MP SECTION DCM - MHD CI1y Wo uniorth Camrm i Ewimm c=iQmhty I Coasmi Mamgmmat 127 Cardiml Drive Exe, W+fimfikgmn, NC 28405 919 7967215' a ROY COOPER (invernor MICHAEL S. REGAN Secretory BRAXTON DAVIS NOR f H CAROUNA Director, Divtaton ofCoaslal Grwruninarrt:rl t hrvlrj, Management October 8, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cDN CDEN R.gov SUBJECT: CAMA Applicant: Virginia and Dennis Myers Project Location: 126 Pecan Ave., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lift for a total of two (2) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by November 2, 2020. 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 SIGNATURE �anie/P�amu RECEIVED OCT 12.:1020 DATE October 12, 2020 Mp LOTION DCM - MHD CITY State of North Cmolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ezt, Wilmington, NC 28405 919 796 7215 RECOMMENDATIONS FOR Virginia and Dennis Meyers 30/5/2020 See exhibits 7-9 for existing and proposed platform space Shoreline length = 233 LF x 8 SF/LF =1864 SF (maximum allowable platform area) Existing docking facility=156 SF in existing platform area due to 6' access credit given through uncovered platform Proposed fixed access pier = 510 SF (all counted due to second access, no credit given) Proposed fixed triangular pieces (2)= 36.5 SF (24 SF from scalene triangle on SW side + 12.5 SF from NE right triangle) Proposed fixed platform= 256 SF (16' x 16') Proposed fixed stepdown platform= 80 SF (5' x 16') Total = 1038.5 SF It is the staffs recommendation that the construction of the new private docking, resulting in the shading of 300 SF of Coastal Wetlands, and incorporation of 640.5 SF of public trust waters, is CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (6) Specific Use Standards for Piers and Docking Facilities, provided that the constructed features of the boat lift do not hinder navigation. The application states that the docking facilities would provide docking space for one (1) vessels at this location in water depths of 0 to 2.75' @ NLW. The proposed structure would be located over open water and within the adjacent riparian corridor of the applicant. In the absence of any concerns from the commenting agencies, and if it is determined that the boat lift does not hinder navigation, it is recommended that a permit be issued. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for docking facilities. RECEIVED OCT 0 9 2020 DCM-MHD CITY 1 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01790 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Vireinia and Dennis Myers Address: 126 Pecan Ave Wilmington, NC 28403 Telephone Number: RECEIVED NOV 10 2020 Size (acres) Nearest Town Wilmington MP SECTION Nearest Waterway Bradley Creek River Basin Onslow Bay DCM - MHO CITY USGS HUC 03020302 Coordinates Latitude: 34.2143 Longitude:-77.8352 Location description: The site is located in Bradley Creek at 126 Pecan Avenue in Wilmington, New Hanover County, NC. Description of project area and activity: Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne-es/mammal/manatee_guidelines.pdL SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached RGP-56 Conditions and the permit application and drawings. 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 terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAM"), 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. This verification does not relieve you of the responsibility to obtain a Coastal Area Management Act permit from the NC Division of Coastal Management. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Greeory Currey at (910) 523-1151 or at Gregory.E.Currey(ausace.armv.mil. CURREY.GREG Digitally signed by CURREY.GREGORY.EUGE SAW-2020-017" ORY.EUGENE. NE.1051011950 Date:2020.11.10 Corps Regulatory Official: 1051011950 14:1726-05'00' Date: November 10, 2020 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: &❑ There acre waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Ii Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: RECEIVED US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 NOV 10 2020 MP SECTION DCM - MHD CITY 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 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. JII; �.; Digitally signed by RECEIVED snw-zozo-nn90 CURREY.GREGORY.B CURREY.GREGORY.EUGENE.1051 f NOV 10.1010 UGENE.1051011950 01.1,950 Corps Regulatory Official: Date: 2020.11.1014:18:17-05'00' MP SECTION Gregory Currey DCM - MHO CITY Date of JD: 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://cori)smapu.usace.army.mil/cm apex/VV=136:4:0. Copies furnished by email: Daniel Cameron (Coastal Marine Construction) Curt Weychert (NC DCM) Patrick Amico (NC DCM) Robb Mairs (NC DWR) \. Action -ID Number: SAW-2020-01790 Permittee: Virginia Myers County: New Hanover County Project Name: 126 Pecan Avenue/Virginia and Dennis Myers Dock Date Verification Issued: November 10, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date ROY COOPER r � October 8, 2020 MEMORANDUM: e. ?0. 10. m-02 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12-09) cu rt.wevcheh(ZDNCDENR.00v SUBJECT: CAMA Applicant: Virginia and Dennis Myers MICHAEL S. REGAN S, wae9 BRAXTON DAVIS Prr,-n,,.dLrfr'yrz+of �':xesml d f.<n,grmar: Project Location: 126 Pecan Ave., adjacent to the AIWINin Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lift for a total of two (2) boat slips within the riparian corridor. .Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 2, 2020. 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" V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME A AGENCY N C+ Q SIGNATURE DATE 0` zq Stem of North Carolina i Ft harm cntal Quality i Coastal Maoagmoot 127 cardinal Driv. VxL. Wilmingmo, NC 2W5 9197967215 RECEIVED NOV::`0 2 10�0 MP SECTION DCM - MHD CITY i I. 3 s r r# i �h i tQAtddlf, October 8, 2020 MEMORANDUM: FROM SUBJECT: - Applicant: Project' Location: i . Proposed Project: ROY;COOPER ,00m mi, ,M1.(HAEL S. REGAN sr,•ruy, ERAXTON DAVIS. Alanaw ell? 1 1Jtrcclut, jlh?ttatnfC'mufu) Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division.of Coastal Management' 400 Commerce Avenue,,Morehead'City, NC 28557. Fax: 252-247-3330 (Courier 11.1..2.09), cu rt.wevehertA N C D E N R. g ov i CAMA Virginia and Dennis Myers 126 Pecan Ave., adjacent to the AIWW'in Wilming(on,i New Hanover County Proposal to construct a second private docking facilitxon the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lifkfor a total of two,(2) boat slips within the riparian corridor. 'Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by NoYert)bel'2,^2020) If you have any questions 'regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments withsupporting 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 ofthe project only if the recommended changes, are incorporated. See attached. This agency objects to the project for reasons described,in the attached comments. R-1A NAME _ ' Wanda Hilliard �A@ ENC State Property Office Memo Attached: (1) slip, proposed and (I j existing totaling 2 slips, lSiS�jSi_IdA7UR ' k)&A.slou_ ALIO abut = WQt7 NQIl939 Of .. OiOI`i ti JOB NAM October23.2020 p !� i i ~ Stato of North Carolina I Envronmental Quality l Coastal M®agement _.. -� _ C13A13 3H 127 Cardinal Drive Ex., Wilmington, NC 29405 9197967215 _J s North Carolina Department of Administration State Property Office Roy Cooper, Governor October 23, 2020 TO: Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Virginia and Dennis Myers Machelle Sanders Secretary — Tim Walton Director 126 Pecan avenue, adjacent to the AIWW in Wilmington, New Hanover County Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. RECEIVED 2-5:1010 NIP SECTION DCM - MHD CITY State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mall Service Ctr. I Raleigh, NC 27699 9198074650 TI Web: http://www.ncipo.com . ROY COOPER Gov ar -= MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Dimcror, Division o, (Coastal Environmental0who, Managemem October 8, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevcherta()NCDENR.gov SUBJECT: CAMA Applicant: Virginia and Dennis Myers Project Location: 126 Pecan Ave., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lift for a total of two (2) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by November_2, 2020i 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. T NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality LGNATURE C",oau_WLMwWA.ov_ for Shannon Jenkins RECEIVED OCT 21. Y02U DATA 10/21/2020 AMP SE State of North Carolina I Environmenml Quality I Coastal Management CM-M DMY 127 Cardinal Dove Ext., Wilmington, NC 28405 91979672/5 ROY COOPER I'merY'r MICHAEL S. REGAN :fa'ukZll l' BRAXTON DAVIS o-nt nor, f 4cnl� rl q; r,a1•ml .?d3AY({Nllttll October 8, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 262-247-3330 (Courier 11-12-09) curt wevchert(cDNCDENR.cov SUBJECT: CAMA Applicant: Virginia and Dennis Myers Project Location: 126 Pecan Ave., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lift for a total of two (2) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 2, 2020. 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 11 n 1�/ Z S`:� I a AGENCY Dint 1; E ^, Mit. 1 i=�fL RECEIwED SIGNATURE j 6'l �� !�I ' '� OCT 16. 10a A#P OM DATE jut 15,1 2 DCM MHD CITy State of North Carolina I EneirOmneaml Quality I Coastal Management 127 Cardinal Drive Eet., Wilmington, NC 29405 9197967215 a _ - � , ROY COOPER Governor MICHAEL S. REGAN ,�' Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division ojComml F,nvironmental 01noWy Management October 8, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)NCDEN R.gov SUBJECT: CAMA Applicant: Virginia and Dennis Myers Project Location: 126 Pecan Ave., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lift for a total of two (2) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by Noyemper Z 2020, 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. F1#NT1dAME Kimberlee Harding AGENCY NCDMF S(GNATORE bATE 11 /2/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 9197967215 To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Dennis Myers, Wilmington, New Hanover County Date: November 13, 2020 DETERMINATION: This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant is proposing to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform and stepdown, and a boatlift for a total of 2 boat slips. The project is located at 126 Pecan Avenue, adjacent to Bradley Creek in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, EW and PTA. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential and Conservation. In general, Wilmington -New Hanover County allows development in Residential and Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File DoctlSign Envelope ID: E4FF274D-9A58-4649-9304-DC743AFA62FF ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Dennis and Virginia Myers Daniel Cameron 126 Pecan Avenue NORTH CAROLINA EnHronmental Quality December 17, 2020 RECEIVED DEC 17 2020 MP SECTION DCM - MHD CITY DWR # 2020-1539 New Hanover County Wilmington, NC 28403 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 126 Pecan Avenue —Wilmington, NC 28403 Dear Messrs. Myers and Cameron: You have our approval for the impacts listed below for the purpose described in your application dated September 2, 2020, received by the Division of Water Resources (Division) October 19, 2020. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of the General Permit(s) 198000291 or 197800056 once issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [35A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream N/A N/A 404/401 Wetlands N/A N/A Open Waters N/A N/A This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the North Carolina Department of Environmental Quality I Division of Water Resources ljg�lr_ �DE �% Wilmington Regional Office 1127Cardmal Drive Extension I Wilmington, North Carolina 28405 �O1\J**4`1 910.796.7215 DocOSign Envelope ID: E4FF274D-9A58-4649-9304-DC743AFA62FF r 126 Pecan Avenue — Wilmington, NC 28403 D W R# 20201539 401 Certification Page 2 of 3 appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 2. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SC Waters (3)(g) pH: shall be normal forwaters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0220] 3. Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not permitted under 15A NCAC 02B .0220 as it results in degradation of water quality standards and therefore is considered a water quality violation. [15A NCAC 02B .02201 This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department.of Environmental Quality: RECEIVED DEC 17 2020 MP SECTION DCM - MHD CITY DocuSign Envelope ID: E4FF274D-9A684649-9304-DC743AFA62FF i 126 Pecan Avenue — Wilmington, NC 28403 DWR# 20201539 401 Certification Page 3 of 3 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 Act and 15A NCAC 02H .0500. Please contact Tyler Benson at 910-620-7447 or Tyler. Benson (a)ncdenr.gov if you have any questions or concerns. Sincerely, Docu519oed Ey: Worella �2nchez-King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Enclosures: GC4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC RECEIVED Jimmy North, Coastal Marine Construction, EC DWR 401 & Buffer Permitting Branch file-LF DEL 1 2020 WiRO MP SECTION DCM - MHD CITY NORTH CAROL In Environmental M October 8, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(aNC DEN R.gov SUBJECT: CAMA ROY COOPER Govemnr MICHAEL S. REGAN Secnlary BRAXTON DAVIS Mrrctor, Divaton ofCoastal Management Applicant: Virginia and Dennis Myers Project Location: 126 Pecan Ave., adjacent to the AIWW in Wilmington, New Hanover County Proposed Project: Proposal to construct a second private docking facility on the parcel with a fixed pier, fixed uncovered platform, stepdown and one (1) boat lift for a total of two (2) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by November 2, 2020. 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 AGENCY SIGNATURE DATE RECEIVED State of North Carolina I Environmental Quality I CoasW Management OCT 0 9 2020 127 Cardinal Drive Ext., Wilming m NC 28405 9197%7215 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Virginia and Dennis M yers 2. LOCATION OF PROJECT SITE: Site is located at 126 Pecan Avenue adjacent to Bradley Creek, Wilmington New Hanover County. Lat: 34.214333 N Long:-77.835278 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/2019, 3/17/2020 Was Applicant Present — No, Agent 5. PROCESSING PROCEDURE: Application Received—9/28/2020 (complete) Office— Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP — Residential, Conservation (B) AEC(s) Involved: PTA, EW, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing- Single-family residence, private docking facility Planned- construct a second separate docking facility with fixed pier, fixed platform and boat lift (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) �� 300 SF Shading (B) Non -Vegetated Wetlands (Open Water) 640.5 SF PTAorporated (C) Other- Highground disturbance (D) Total Area Disturbed:940.5 ft2(0.021 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a second private docking facility on the parcel with fixed pier, fixed uncovered platform and stepdown, and a boat lift, for a total of 2 boat slips within the riparian corridor. RECEIVED OCT 0 9 2020 DCM-MHD CITY Virginia and Dennis Meyers Page 2 9. PROJECT DESCRIPTION RECEIVED OCT 0 9 2020 DCM-MHD CITY The project site is located at 126 Pecan Avenue, adjacent to Bradley Creek, in Wilmington, in New Hanover County. To locate the property of interest, from the Wilmington regional office travel southeast on Eastwood Road. Turn right onto Military Cutoff Road and travel approximately 1.3 miles and turn right onto Greenville Avenue. Travel 0.14 miles and turn right onto Park Avenue. Travel 0.10 miles and turn left onto Oak Street, and then 0.04 miles and take a right onto Pecan Avenue. The property of interest will be located on the right side of the road. The project site is approximately 1.58 acres in size and has an elevation that ranges from approximately 19'-0' above Normal High Water (NHW). The property currently has a single family residence and gravel driveway. The property is vegetated with a mixed pine canopy, maintained lawn grass, ornamental landscaping and coastal wetlands near the shoreline. The coastal wetlands consist primarily of Smooth Cordgrass (Spartina alterniflora), and Black Needlerush (Juncus roemerianus) and ranges from 30-60' in width. The project site has approximately 233 LF of shoreline frontage along Bradley Creek. There is an existing private docking facility on the property, which extends in a northerly direction from the shoreline. No permit history was located for this facility. The existing facility consists of a fixed access pier (6' x 40') leading to an fixed platform 'L-head' (12' x 8'). From the eastern edge of the fixed platform, a gangway leads down to floating dock (6' x 16') oriented parallel to the shoreline. Due to the presence of coastal wetlands immediately behind the existing floating dock, currently the existing docking facility serves as one slip. Originally this project was proposed by the applicants Virginia and Dennis Meyers, and agent Dan Cameron, on a separate parcel located immediately to the east (Parcel ID #R05620-001-003-000), and after consultation with the Division of Marine Fisheries regarding water depths, the DCM Wilmington office issued LAMA General Permit 76525D on 5/28/2020 for the construction of this facility at that site (see Exhibit 1). Mr. Cameron had obtained a legal easement from the Meyers to construct and maintain a private docking facility on that parcel (See Exhibit 11). However, after the issuance of the general permit, the agent pursued zoning compliance with the City of Wilmington, and due to a City of Wilmington ordinance, they were not allowed to construct the pier on a parcel of land that did not contain a dwelling. Therefore, the applicant and agent has resubmitted this project as a CAMA major permit application, moving the origin of the pier slightly to the west to the parcel that contains the Meyers residence and current docking facility (Parcel ID #R05620-001-026-000, see Exhibit 7). This was done to be consistent with City of Wilmington regulations. The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters as conservation and the high ground portion of the property as residential (R-15). The waters of Bradley Creek are classified SC by the Division of Water Resources. They ARE designated as a Primary Nursery Area (PNA) and coastal waters, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to construct a second private docking facility on the parcel with fixed pier, fixed uncovered platform and stepdown, and a boat lift, for a total of 2 boat slips within the riparian corridor. The applicants (Virginia and Dennis Meyers) intend to keep the current docking facility in place, and construct the facility proposed in this application for the use of the agent (Dan Cameron). From the easternmost extent of the parcel, the applicant is proposing a fixed access pier (85' x 6') extending in a northerly direction from the high ground, perpendicular to the shoreline, and elevated above the coastal wetlands. The proposed fixed access pier would lead to a proposed fixed, uncovered platform, flanked by two small triangular shapes of fixed platform. The proposed fixed platform (16' x 16') would be oriented at a 45 degree angle from the fixed access pier, extending towards the northwest (see Exhibit 9). On the southwestern side of the fixed platform, the applicant proposes to construct a fixed stepdown platform (5' by 16% and on the northwest side of the fixed platform, the applicant proposes to construct a 2 piling, elevator style boat lift (8' x 8') extending over the water to the northwest. The docking facility would provide docking for one vessel, at water depths ranging from a 1-2" @ NLW at the landward edge of the boatlift to 33" @ NLW at the waterward edge of the boat lift (See Exhibit 12). These depths and configuration had been discussed with the Division of Marine Fisheries at the time this request was processed as a general permit application. Virginia and Dennis Meyers Page 3 10. ANTICIPATED IMPACTS The proposed docking facility would extend 53 ft. into a waterbody measuring approximately 655 ft. across which would meet the % width distance. The proposed structures would incorporate 640 sq. ft. of public trust area and estuarine waters. As proposed, the boat lift arms would also extend approximately 3' into a 27' wide area considered to be the channel and deepest portion of the waterbody near the project. According to water depths provided by the applicant's contractor. As proposed, the facility would encroach into the 15 ft. riparian corridor setback for parcel to the east, which is also owned by the applicant (see Exhibit 7). Therefore, no waiver is necessary for the encroachment. The proposed docking facility would be located approximately 60 ft. from the docking facility to the west which is also owned by the applicant. The proposed facility would provide dockage for a one (1) vessel, making a total of two slips on the parcel. The new structures would incorporate approximately 640.5 SF of Estuarine Waters and Public Trust Area and shade 300 SF of Coastal Wetlands. This docking facility would result in an additional slip at the parcel, which currently provides dockage for one additional vessel. Minor increases in turbidity should be expected during the construction. Submitted by: Patrick Amico Date: October 5 2020 Office: Wilmington RECEIVED OCT 0 9 2020 DCM-MHD CITY ROY COOPER Govemar MICRAEL S. REGAN secretory BPAXTON C. DAVIS are"0f Dan Cameron, Jr. 6323 Circular Drive Wihnington, NC 28403 Dear Mr. Cameron: NORTH CAROUNA EnNronmmtcl Quaft October 5, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Virginia and Dennis Meyers, for State approval for development of the subject property located at 126 Pecan Avenue, adjacent to Bradley Creek, m Wilmington, in New Hanover County. It was received as complete on September 28, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 12, 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 a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from September 28, 2020, 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, `�&4-AW'z Patrick Amico Field Representative cc: Kathryn Thurston, City of Wilmington Greg Currey, USACE Curt Weychert, DCM MHC Robb Mairs, DWR Linda Painter, LPO Virginia Meyers and Dennis Meyers, Applicants 4�xwl� RECEIVED "v'' OCT 0 9 2020 North Carolina Department of Environmental Qwllty I Division of Coastal Management Wilmington office 1127 Cardinal Drive Enension I Wilmington. North Carolina 28405 DCM-MHD CITY 910.7%.7215 NOTI(01117i CAMA PERMIT APPLIES FOR PROD.ECT: Applicant proposes to construct a secon d New Hanover County. DMMENTS ACCEPTED THROUGH NovemberZ. "ANT: v inia & Dennis Myers z o_ Zl Pecan Ave n o v it: Coastal Marine Constr9p-0 Jimmy North -t 1910) 231-8514 n, 202OW FOR MORE DETAILS CONT-ACT THE LOCAL PERMIT OFFICER BELOW 0 NORTH CAROLINA Eavmwrmeural011,14- October 8, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for. Roy Holdford / New Hanover County Virginia and Dennis Myera / New -Hanover County Connie Wells / Pender County ROY COOPER cinema MICHAEL S. REGAN semiia BRAXTON DAVIS Drr r, Divuian ofCoanal Mamgement Hello Angie: Please publish the attached Notice in the Monday, October 12, 2020 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. Support & Customer Assistance cc: MHC Files Curt Weychert—MHC USACE RECEIVED State of Noah Carolina I Environmental Quality I Coastal Management O C T U 9 2020 127 Cardinal Drive Ext., Wilmington, NC 25905 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- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On October 5, 2020, Roy Holdford proposed to expand a private docking facility from two (2) to four (4) slips at 229 Marsh Hen Dr., adjacent to the Channel Haven Canal in Wilmington, New Hanover County, On October S, 2020, Virginia & Dennis Myers proposed to construct a second private dockingfacility with one (1) boatlh at 126 Pecan Ave., adjacent to the AIWW, in Wilmington, New Hanover County, and on October 7, 2020, Connie Wells proposed to extend and existing walkway & construct a new three (3) slip private docking facility at 109 Soundview Dr., Hampstead, Pender County. Copies of these applications can be examined or copied at the office of Patrick Amico (New Hanover County) or Jason Dail (Pender County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 for New Hanover County or (910) 796-7221 for Pender County during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 2, 2020 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 OCT 0 9 2020 DCM-MHD CITY �x �b 1A 15 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Pt C_o.._, P••p Phone Number: Email Address: I certify that I have authorized 17 or h CaC o� �C. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at _V2.'ko P9-CA, f t�t� — 1 oCce� f� �5��0 - op► - Q inA%,,) a,J24K- County 1 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: , Per....� Pt 1 , .,,,e . f .�! L"ISignature 1-J Print or Type Nad e-- L���� Tale Date This certification is valid through 1 Z / 3 \ / 010 RECEIVED OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 8 2020 DCM WILMINGTON, NC i�� 2 of 1 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION F\4-'X� Name of Property Owner Requesting Permit:��� 'e� ' `t\S '�Cekx'si Mailing Address: 63�3 C\CL. -- J I Phone Number: �o �- mob - 7$Ob ` \ Email Address: r� a�Co�K�2co+`�V q 14 � c\o rA. 1 certify that I have authorizedSMtt��1�,o�(�D� Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 'DoGIC at ```t property located at \ --It i C-4, kgk -VoSCeJ� 05 �20' O o \ - Cab ' 000 in t" �so& a-4 -County. 1 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: 't� �" E C'4 . — Signature Print or Type Name r� �C�oZ � P'(�O`bv�rs � 1J QNtii Title 1 \ I 2n:oo Date This certification is valid through �> /�_/ a,9-0, \ RECEIVED OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 8 2020 DCM WILMINGTON, NC xh,b, 13 - myp-�s ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to �r\C�, V , �A, hi o- ri�� CtS 's N (Name of Peo0erty Owner) property located at 1 1 b V 'Z-r *v n (Address, Lot, B c , Rgad, tc.) on �\ o a��eV CC O in V 1 ,� av��cva (Wa rbody) (City/ro and/or County) N.C. The applicant has described to me, as shown below, the development proposed at the above location. 1 have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) A� Id ? C 5�� 1b1.�•S�.'-t Dc 41 try Ge.,s— 1S1,t�dc' to t4 %4., A LAs �14Q fn: 4 NIL 4iL In _ WAIVER SECTION 11,41- teek P,.� C]a � P+ccc�� (;oSF10-on1+n6•nm l66k• b' B i I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) T \ (/)% it �� ��-\ I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) x P'o .�� �, �h vGl � S' N14 , A Print y Name ¢,cam Mailing Address City/State2ip Tete h ne Number 7%7D n --P D (Adjacent Property Owner Information) RECEIVED OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 S 2020 Date' Date (Revised ORMINGTON,NC &�A i 3 - �6s.So�" ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to Lam% ehr� sj'0 g (Na a of pawnbr) property located at I b P�� A� A �'� � � C y o3 on IBC ���y Cs2 (Address, Lot q\ ,(toad, etc.) in �� oh N.C. aterbody) (City wn 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. utscRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must rill in description below or attach a site drawing C> /1 \ •L �]l<�� IO CLT ''-Vila-•s�t O Rscv��t (;oS6;e-oe1 S' Y `'— WAIVER SECTION Y I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) ` v I do wish to waive the 15' setback requirement. RECEIVED .f--:� Date ' Ln f 4 lssa_ F.,:l {74 Qec.� I do not wish to waive the 15' setback requirement. OCT 0 9 2020 (Adjace Property O er Information)7CM-MHD CITY S10/ 1t re �� I Print Tyt? -- n YV !—[ Oc 2 V� I - 3-1 11 RECEIVED no Number SEP 0 8 2020 (Revised '"WLMINGTON, NC sx I LI+ I q ■ Complete Items 1, 2, and 3. - - - ■ Print your name and address on the reverse A. Signature X so that we can returnthe card to you. - ■ Attach this card to the back of the mailpiece, B. by (parted or on the front if space permits. (/ 1. Article Add sad to: �11\�h�V S D. Is delivery address different m If YES, enter tlelivery atldress b `� i� o mac. vrlSA" Ot1r ` c- -It 4o1 - 1&53 9. Service item p&6�'lefa u IIIIIN1111111111111111111111111 Type ❑Atluk Sl9nehm ElPdedfy Mail Express® 9590 9402 5493 9249 5232 Ol 13 Adult $ignetUmrestricted Calivary D Certdkd Ma ® oI'll y1 eredMaiResN Restricted De 'very ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise e Arnni. NrantlM ?rnmNarfmm ClWNAfaMll D Collect on Delivery ResMcled Delivery ❑ signature CoMmelitm- 7019 2280 0001 3949 9558 Ins red Mail Reshicted Delivery ❑ R'mWated DeliveerryaWn wa S5 Wi PS FOrM 381 1, J*201i5 PBN 753G-o2' Domestic Return Receipt UIRP am���s�N�iu� Illhl 9590 9402 5493 9249 5232 01 ■ Complete items 1, 2, and 3. 1 A. ftnftm ■ Print your name and address on the reverse X so that we can return the card to you. M Attach this card to the DacK or the maliplece, eY t° ry� or on the front if space Dermits. D. Is delivery address dR f��q If YES, enter delivery 3 rl�ite• \% \k fit oe�t�L Z4�of - 83 E ss Mail8, Fees Paido. G-10 n Rem I u below; ❑ RECEIVED 3. Type ❑ Mall e® III IIIIII IIII III I IIII II I'll I III it III II I I I III ❑ Adult Adult S4 Reglstered Mail Registered ail'- sigrrehaa ❑Adult Signature fles6lgatl Delivery D U uRegIstered Mail Restricted R O C T 0 9 2020 9590 9402 5493 9249 5232 01 Certified Mall® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise o ANirlawimi�?ane/arfmmswrvirwlahen ❑ Collect onDelivery Restricted Delivery nsured Mail 17SignaturaConfinnationTM DDM-MHD CITY C3 Signature Confirmation 7019 2280 0001 3949 9558 reared Mal ReshrotedDeWery Restricted Delivery ;over $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I -RECEIVED SEP 0 8 2020 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT � i RECEIVED I hereby certify that I own property adjacent to l)""C�s o_ \AJ skUG I \ _. INameinf Pwinnarlu fu. 2 8 2020 Property located at dry ar G i 63 NC DOT (Address Lot, Blogk R d, DISTRICT3 on �Co �\��l C �� , in' W ����M��� ()Y' , N.C. ( aterbody) (City/Towriland/or County) The applicant has described to me, as shown below, the development proposed at the abovegb afirV.ED 1 ��' \(� A0 I have no objection to this proposal. Q FP 8 2020 I have objections to this proposal. DCM WILMINGTON, NC DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description below or attach a site drawing) f � � kv% P.. +bae.1 Rc a/ I Ca ?F RoAA'1i},�1k1ac 1at�.dc+1 4r.� I 5 t`iLT•sad n 0 P.cca' +KoS 5>e -Uel-oa6•em EIS' WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. kI do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name Mailing Address City/State2ip Telephone Number (Adjacent Property Owner Information) C-D CWECEIVED � OCT 0 9 2020 c. `) � `i c' i rr�\ o- �0 DCM-MHD CITY Number RECENE® / 20?-0 Date __— Date I SEP 2 8 2020 (Revised 6/1WO12) DGM WILMINGTON, NC t� i hereby certify that I own Property adjacent to Property located at 1 on ` � (Address, - in _ (Was rbody) DPERTY OWNER STATEMENT W county) N.C. The applicant has described to me, as shown below, the development proposed at the above location. �a\ I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT 0n&WuW proposing development must tin in descdpdon below or attach a site drawing) Ili 3 g�Y c RQ \R'�wA-� una� F / Caf<ae.�.'7}�xya U++•.� by Dn. Gvae,., 'F RbkS11i...+T Ihi?[. Nt ieie \ �,y�$(;oS4,e.oe1-�5-om b jai 4L Ln WAIVER SECTION I understand that a pier, dock mooring pilings. breakwater, boathouse, lift or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 16 setback requirement. 1 do not wish to waive the is setback requirement. (Property Owner Information) (Adjacent property Owner Information) Signature Pnnt or Type Name Mailing Address City/S 01s0p Telephone Number oate t'a'-- RECEIVED OCT 0 9 2020 C oT nrCEIVED SEP 0 S 2020 (Revised 61162012) DCM WILMINGTON, NC DCM-MHD CITY 'ry ;b6 k -L, ch\M iP�At '� 76s-zs� SCAW/0DREDGE & FILL GENERAL PERMIT N° 76525 A B C _ �Na++ QModifca oPrevious permit # n Complete Reissue -Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality and the Coasty Resources Commission in an area of environmental concern pursuant to ISA NCAC_ Q 7H, Ja(o(/ Applicant Name '4A S8liI' LRules amrned. a g,f CAM04fl Project Location: County_AQ4/_�QY�I� Address�'f&& nw' Street Address/ State Romad�/ Lot ##(s) kAu �/ City wi►mr§__ Snte_)�C LP Phone #('lli 0.2 3560E-Mail ,�anNltP- n/tyyf Subdivision10 O n2";t Authorized Agent cTtiffl� *Cft%&Ojf @h L(,C �, r•/ti-•ytp{))7t, ZfP Qtr.� [ Affected OE 'mow CJH ❑U OWA �L'�' e1#r� jp )- River Basin 1444bgL AEC(s): -OEA OBliF GIN ❑UBA ❑WAt:t' PWs: Adj. Wtr. Body//L ftk _�rnan-Lunky ORW: yes ! ® PNA ®/ no Closest Maj. Won. Body i�lw Type of Project) Activity Pier (doclt) kngth 6 < gy, Rxed Pudermfs) &a I6. Syf� Floating Phtformi h41itb 'A FmW piers) Groin length number Bulkhead/ Ripnp langth__ avg dls>arsce offshore mu sgstancc oesher. Basin, <tsfsK yards — y�„�� Brut' r Boathouse/ Boaddt� I Y S � d Beach Bulkloaing - \ �OX 14 Other Slarelire Length - eo SAV; not sure yes sue' 3-� a—k ` �..a":�i,s CollStwtvtdSeMures stw.i.Fnn+ T-� CAGrttt{st�tNM MY��4 {71p 9a:4ty� t� � d (Scale: IJ7S 3..air l:v.c. Moratonum: Na ym r j ]__ 1 Photos: yes -. A building permit may be required by:-- ( Note Local Planning jurisdictioril-. See note on bark regarding (liver Basin rules. Notes/ Scecial Conditions d "AS -^ H 0,711. nBa cy..q.-Prt..,,0 o Agentar Applinnt Pnnted Name Siguwra " Pleasereadcamplrancestat monbackofpertNtee 200" 23xr Application Feels) ch.*# -�—, RECEIVED SEP_ 0 8 2020. DCM-MHD CITY Ohm �L ',fit M oa It ♦ 1 i,I R yr r t r f 7t ' 4, l At. ,, ► � Y - 4 '71 t:ANDFR DR 9 —� c°' � m —� c, m x � c v m � � O o ■ C3 m 00 0 -Z z • Ln •0 -P. C3 0 vrXhbA EXHIBIT OF A 15 Ft. Private Access Easement over the property of Virginia Mitchell Myers City of Wilmington, New Hanover County, North Carolina Reference: Book 1266 Page 60. Book 1455 Page 1072 E Date., December 12, 2019 5T1318 W 11.15 58'26 22 W 10.728'26 22 E8.4674'4800 E 50.28 23'2303 E 60.77 RC 16'5019 E31.0030 E31.54 02'07 28 W 24.4712'27 01 E 41361 31 32 E 22.0440'46 42 E 24.01 350117 E 15.45 L13 IN OT47 51 E 6.37 VIRGINIA MITCHELL MYERS BK 1256 PG 60 SK 1455 PG 1072 Centerline of the 15 Ft. Private Access Easement 'AVE. R\W 397 DANIEL ROSS CAMERON, JR. DONNA SOUTHERLAND CAMERON SK 6238 PG 2591 EXISnN6 Illgl� IRONS `dP1p11 / SEAL L-3391 HIGH WATER LINE OF BRADLEY CREEK SANITARY SEWER MANHOLE J I I / / LocAnON MAP / (NOi TD SCALE ) MANHOLE / / / / N NC GRID / NAD 83 w B S 50, 25' 0 50' SCALE W 1 INCH = 50 FEET THIS MAP IS NOT FOR RECORDATION RECEIVED OCT 0 9 2020 CM-MHD CITY t JONATHAN L. WAYNE PLS 3391 I HEREBY CERTIFY THAT THIS WAS PREPARED IN HANOVER DESIGN SERVICES, Pp-�//q'1�I,� ACCORDANCE WITH THE N.C. MINIMUM STANDARDS LAND SVRYEraR6 MVED THIS MAP MAY NOT BE A CERTIFIED SURVEY ENOiNEERS R "No PLANnERE 1123 FLORAL PARKWAY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE OATH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS 91LMINGTON, N.C. 2840 L. PHONE 343-11002 'r J� FAX: 0 8 20. O AND HAS NOT BEEN RENEWED FOR NOT ) 34 FACT FIRM CER7l 343-99C WITH RECORDING REQUIREMENTS FOR PLATS. R PLATS. 5068 E.ATE t 90 & JOB /50aB Easement FihPoiCJW NC -0 �� AN & DONNA CAMERO6 IRCULAR DRIVE n N L MY fl. 301/ PECANAVE. 571ro I acCtSS 2os2Mt -rAmw- I f 4� 11 p 9 r AIL zy i j I KtI;tIVtUf �,�CIRCULAR DRIVE j510N M'B 42O S9 _ SEP 0 8 2020 DCM WILMINGTON, NC HAWVER DESIGN SERVICES, PA �' uc aww.oe mm ue nx+ Preliminary 07-16-19 a * I Exhibit 9 Summary of Dimensions For Parcel ID # R05620-001-026-000 with shoreline of 233 feet Existing pier/platform Platform —12' x 8' = 96 sq feet Floating Dock —16' x 6' = 96 sq feet Gangplank — 9' x 3' = 27 sq feet Total = 219 sq feet Fixed access pier — 6' x 40' Proposed pier/platform Platform —16' x 16' = 256 sq feet Platform — triangle area —16' x 5' = 80 sq feet Step-down platform — 5' x 16' = 80 sq feet Total platform - 416 sq feet Fixed access pier — 6' x 85' Floating Dock — 0 Gangplank-0 RECEIVED OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 08 2020 DCM •WILMINGTON„NC O�bA 10 Agreement to locate pier/dock on Parcel # R05620-001-026-000 Dennis Page Myers and Virginia M. Myers ("Myers") have agreed to allow Daniel Ross Cameron, Jr. and Donna Southerland Cameron ("Camerons") to locate pier/dock on parcel # R05620-001-026-000 in the northeast corner of parcel and immediately adjacent to Cameron's Access Easement. Pier/dock shall be attached to shoreline on a 6-foot section of said parcel along Bradley Creek. This agreement was requested by the Camerons and agreed to by the Myers in order to construct a pier/dock on a parcel (R05620-001-026- 000) that meets the regulatory requirements of the City of Wilmington. Signed by: Dated: —1 '" Virgin a M. Myers RECEIVED Dated: (, / -7 - - 0-�. & OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 8 2020 DCM WILMINGTON, NC Firefox httPs.'//OutlGok.office365.com/maiVdeeplink?state=G&version=20 Re: [External] CAMA permit Amico, Patrick 1 <Patrick.Amico@ncdenr.gov> Thu 10/1/2020 1:59 PM To: Dan Cameron <dancameron0414@icloud.com> Thanks Dan! Patrick Amico Environmental Specialist NC Division of Coastal Management Department of Environmental Quality 910 796-7423 office 910 395-3964 fax pabick.amico@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 NI: !-' Nothing Compares ,-- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Dan Cameron <dancameron0414@icloud.com> Sent: Wednesday, September 30, 2020 7:19 AM To: Amico, Patrick J <Patrick.Amico@ncdencgov> Subject: [External] CAMA permit CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to reoort.snamktnr onv Patrick, The project proponent hereby certifies that all information contained herein is true, accura OCT 0 9 2020 and complete to the best of my knowledge and belief. DCM-MHD CITY The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of timeRECEIVED Thank you, SEP 2 9 2020 I oft DCM WILMINGTON, NO 10/6/2020, 9:08 PM Page 1 of 2 6. Additional Information a. NC Division of Coastal Management issued CAMA General Permit # 76525D on May 28, 2020 to construct a new uncovered, fixed "L" head platform for private use, but CAMA permit # 76525D cited parcel ID # R05620-001-033-000 owned by Virginia and Dennis Myers in the Bradley Creek area. This parcel (1105620-001-033-000) does not have a dwelling on it and the City of Wilmington will not issue a permit since the parcel does not have a dwelling (platforms are considered an accessory building). Thus, the City requested a revised CAMA permit that cites parcel ID # R05620-001-026-000 with a dwelling. (The Myers' residence.) The configuration, platform size, location of platform in Bradley Creek, pier length, etc., will not change due to the City of Wilmington's request. The only change to CAMA permit # 76525D is shifting the fixed access pier six (6) feet west so pier can be attached to parcel ID # R05620-001-026-000 with a dwelling. (Parcels are adjacent, and both are owned by Virginia and Dennis Myers.) The Myers agreed and signed document requesting this change. (See Exhibit 10.) Since the Myers have an existing pier with small platform and floating dock on said parcel, the NC Division of Coastal Management considers this a Major Development Permit request, meaning CAMA's General Permit # 76525D cannot be revised. RECEIVED OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 8 z0a D^"'+14MINGTON, NC Page 2 Of 2 Background The Myers granted a private access easement to Daniel and Donna Cameron for the expressed purpose of constructing and maintaining a non -floating dock on Bradley Creek. The 15-foot access easement meanders through the Myer's property (both parcels) as shown on attached exhibit. (To protect trees, the path meanders to avoid cutting trees.) b. Drawings are included in package, including the existing pier/platform and the proposed pier/platform. Construction of the proposed platform has not started. c. Site maps are included in package. d. A copy of executed and recorded access easement with map is included in package. e. A check for $250.00 is attached. f. through k. See application. RECEIVED OCT 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 S 2020 DCM WILMINGTON, NC NC Division of Coastal Management Major Permit Application Computer Sheet AEC:t$16WY,- Fee:01 # V IL-) CDAITS _ MHC cc _Applicant: .igenUContract r: i '. Project Site County: hd C Staff: pj-A District: Wilmington Project Name: j61R C /r� , Rover File: n/a River Basin: C Initial date of appli lion submitt I: y & O v Date application "received as complete" In the Field office: �� d Permit Authorization: CAMA ❑ Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes FrNo PNA: MYes ❑No Photos `aken: Yes ❑ No Setback Required (riparian): [:].'es $No Critical Habitat: ❑Yes [$No ❑Not Sure 15 foot waiver obtained: []Yes 1.FrJNo Hazard Notification Returned: ❑Yes j�No SAV: ❑Yes 91No ❑Not Sure Shell Bottom: []Yes RNo ❑ Not Temporary Impacts: ❑Yes E!JNO Sure j Sandbags: ❑Yes RJNo ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: RYes ❑No ❑Yes ©No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: [-]Yes ®No ❑NA []Yes (INo❑NA a-33 FT. -Shellfish Area Designation: Project Description: (code) Development Area: (code) ,)pen -or- Clos d (P P SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) fjg7 l_ ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED [:1 (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass(Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp,) ® (JR) Black needlerush (Juncus ® (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre, 3490 ❑ III(D) Priv, public or comm w/ D&F to 1 can be applied - $250 acre, 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Perruitrb&p ED Ft l:t acre; 4144 can be applied - $400 ,] Major development extension request ❑ II. Public or commercial/no dredge and/or fill - $400 OCT 0 9 2020 -$100 �I i. Priva�no dredge and/or fill - $250 1❑ III(C) Priv. public or Comm w /D&F to 1 acre, 41 canapplied; DCM needs I ementt - $400 DWQ agreement DCM-MHD CITY Applicant: Avu5 C.AP-4 "' I Date: 1 Q 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 One One Dimension 2 I. Dimension 3 I Dimension 4 New Work 2- Replace (yC Maint ❑ ❑ Y IRN O J /�`+ L I New Work Replace l t� Maint ❑ ❑ Y® N r7 1 New Work Replace (� Maint ❑ ❑ Y Q N New Work Replace C� L, Maint ❑ ❑ Y J?T N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work-O Replace Maint ❑ j ❑ Y ❑ N S%W� Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount) G W s * 300 00, 3 Dredge ❑ Fill ❑ Both ❑ Other ow"� f"" Dredge ❑ Fill ❑ Both ❑ Other , . 6q0 s 40.6 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ OCT 0 9 2020 DCM-MHD CITY 919-733-2293 :: 1-8884RCOAST ;: w .nccoastalmanagement.net revised: 02.126118 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/8/2020 Daniel R Cameron Virginia and Dennis First 201S $250.00 Major Fee, 126 Pecan Ave, PA rct. Jr. Myers Carolina Wilmington, NHCO NO Split 10272 Bank Major Permit Fee Schedule A015 Project Name: l'I � 9inikfhyt'5 County:Nlp)ktl&W. Check No&Amount: s� DO( (L'ln) Ruc.1 Development Type Fee DCM % 1 (14300160143510009316256253) DWO % (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100 % ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) 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 Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $400 1000% ($400) 0% ($0) III(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) 111(D). If General Water Quality Certification No. 4144 (see attached) cannot be applied: $400 600/. ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas $475 60% ($285) 40% ($190) RECEIVED OCT 0 9 2020 DCM-MHD CITY DCM Coordinator Curt Weychert County: Permit #: WI O E-MAIL DISTRIBUTION SHEET Circle o :Bio Repo Permit for: 1 ✓M yyk-0 GJ„ bf/yt'l5 M S Oversize Pla nt:A( DCM Offices: Morehead City: PT (if oversize) via Col ier /// *cc Curt & Amanda on group email w/ b, .narr.app.drawings, deed, comment sheet ^/ *MHC documents (Curt & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: rteret Co): PN, CL, Reports, Split Sheet _ use both dmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet Jobb eg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet 1 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: V KimHarding _ DCM Planner/WiRO: ike Christenbury Cultural Resources: -,-Aenep Gledhill -Earley Environmental Review@ncdenroov _ Natural Heritage Prog. Butler DCA-Rural Eco. Dev: E�dney vMark Ziegler_ NC DOT: Harris_ Wildlife Resources: a�vid 4 ana Dunn w/Reports State Property Office: �iINalton: DEED _ ..Mike Moser Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: ''W�da zmy Humphrey (Bio)= thf on Gupton, Admin. DEMLR: %Qhris ne Hall - Stormwater Section _ WSams - Land Quality Section Public Water Supply: 46 Cox _ City of Wilmington: %"(h�n Thurston _fin Enforcement: /►� Field Rep: Z" • 1l/t� _ _Co. LPO � lVJ`� t' )wi YLk V Agent: DISTRIBUTED: � Updated 10/0120 RECEIVED OCT 0 9 2020 DCM-MHD CITY CAMA/Shaun majors docs/e Agency List NEW HANOVER COUNTY NORTH CAROLINA BK: RB 6274 PG:2152-2161 RECORDED: 2020000077 NO FEE $MOD 01-02-2020 NEW HANOVER COUNTY, NC 01:44:11 PM TAMMY THEUSCH BEASLEY BY. ANGELA ENGLISH REGISTEROFDEEDS DEPUTY Fc ajeT Fi Lrn, P, 0. . ACCESS EASEMENT AND MAINTENANCE AGREEMENT WHEREAS, the following parties situated in the City of Wilmington, Ni described, respectively, as follows: have an interest in adjoining real estate w Hanover County, North Carolina and Daniel Ross Cameron, Jr. and Donna Southerland Cameron ("Cameron") are the owners of property having a New Hanover County tax parcel identification number of Ros620-002-oo7-000, being known as and located at 6323 Circular Drive, Wilmington, North Carolina, and being more particularly described in that deed recorded in Book 175o. Page aaa in the New Hanover County Registry ("Cameron Lot"); and Dennis Page Myers and Virginia M. Myers ("Myers") are the owners of property having a New Hanover County tax parcel identification number of Ro5620-001-033-000. being known as and located at 126 Pecan Avenue, Wilmington, North Carolina, and being more particularly described in that deed recorded in BooOlvle , Page'' ' in the New Hanover County Registry ("Myers Lot"). WHEREAS, the Cameron Lot does not currently have access to Bradley Creek; WHEREAS, Cameron desires to access Bradley Creek and to construct, use, and maintain a non -floating dock on Bradley Creek; and WHEREAS, the parties desire for Myers to grant and Cameron to receive, for the benefit of the Cameron Lot, an easement whichRshEalll VI wi Q the land f0gE6r ED ED SEP 08 7'; OCT 0 9 ZUG DCM WILMINGTON NC DCM-MHD CITY „t a -E other purposes, ingress, egress, and regress to and from Bradley Creek over the Myers Lot. WHEREFORE, in consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, and the sum of $i.00 paid by Cameron to Myers and other good and valuable consideration, all of which the parties hereto agree and acknowledge has been received and is sufficient consideration for the covenants and obligations contained hereinbelow, the parties agree as follows: 1. Myers grants to Cameron as well as Cameron's heirs and assigns (the Beneficiaries”) an easement over Myers Lot (the "Easement") for the purposes (i) of ingress, egress, and regress from Bradley Creek; (ii) for the construction, maintenance, and use of a non -floating dock on Bradley Creek; (iii) the erection, maintenance, and use of one or more gates or other access barriers over the Myers Lot, the location which the Beneficiaries may select in the Beneficiaries' discretion, and (iv) any other right which the Beneficiaries deem reasonably necessary for the use and enjoyment of the Easement for the purposes stated above. The Easement shall benefit the Cameron Lot and shall run with the land. This Easement is superior and paramount to the rights of either of the parties to this agreement in the respective servient estates so created. 2. The Easement shall consist of a fifteen (lg) foot wide path that meanders over the Myers Lot from the Cameron Lot and terminates in Bradley Creek. A more particular description of the Easement is attached hereto as Exhibit A 3. It is agreed that the Beneficiaries may construct, maintain, and replace any improvement with the Easement (the "Improvements") in such a manner and with such materials as the Beneficiaries see fit. The construction, use, maintenance, reconstruction, or otherwise improvement of any Improvement shall not be limited or constrained by the initial construction of such Improvement. 4. At any time prior to the termination of this Easement, neither Myers nor Myers' heirs or assigns shall erect or construct, or cause to be erected or constructed, any fence, wall, curb, or other barrier over the Myers Lot, or do or omit or cause to be done or omitted any action, which in any way interferes with or restricts the full and complete use and enjoyment by the Beneficiaries of this Easement. 5. The Beneficiaries shall assume full responsibility for their use of the Easement and shall hold harmless Myers as well as Myers' heirs and assigns for any obligation or liability whatsoever associated with the Beneficiaries' use of the Easement. The Beneficiaries shall indemnify and defend Myers as well as Myers' heirs and assigns for any cost, claim, action, proceeding, liability, judgment, assessment, fine, tax, or other obligation (the "Claims") arising from the Beneficiaries' use of the Easement, so long as the Claims are not attributable to the wantonness, willfulness, or recklessness of Myers or My ' D assigns. Likewise, Myers as well as Myers' heirs and assigns shall i RECEIVED SEP 0 8 2020 OCT 0 9 2020 DCM WILMINGTON, NC nrM-MHn CITY eof, 3 .� and hold harmless the Beneficiaries with respect to any Claim which is the result of the wantonness, willfulness, or reckless of Myers or Myers' heirs or assigns. 6. The covenants recited herein shall be inserted in all deeds by reference that may be delivered by Myers or Myers' heirs or assigns granting and conveying all or any portion of the Myers Lot. 7. The Easement shall commence on the latter of (i) January 1, 2020 or (ii) the date on which this document is recorded. 8. The Easement shall terminate the sooner of (i) fifteen (15) years from the date of commencement of the Easement, or (ii) in the event that the entire Cameron Lot is acquired in fee simple by an acquiree who is not a biological or adoptive child, grandchild, or sibling of Cameron, the date upon which said acquire revokes the Easement in writing to Cameron or any subsequent owner of the entire Cameron Lot. 9. So long as the Easement is not terminated or expired, Myers and any subsequent owner of the Myers Lot shall cooperate with Cameron or any subsequent owner of the Cameron Lot in applying for and obtaining all governmental approvals which are necessary for the approval, construction, maintenance, or replacement of a non -floating dock on Bradley Creek, including providing signatures on governmental documents, for instance, the Adjacent Riparian Property Owner Statement. Provided, however, Cameron and any subsequent owner of the Cameron Lot shall be solely responsible for the cost of obtaining any such governmental approvals. io. This document is intended to be binding on the heirs, successors, and assigns of Cameron and Myers. IN WITNESS WHEREOF, the,, parties have hereunder affixed their hands and seals on this the day ofo &t," eC 2019. (SIGNATURES TO FOLLOHq RECEIVED 0c, 09ZO DCM-MHD CITY RECEIVED SEP 0 8 2020 DCM WILMINGTON, NC f�� L-' n� 1 (SEAL) Print Name: Daniel Ross Cameron, Jr. ACKNOWLEDGMENT STATEOF NORT&t CAROL-tn1A COUNTY OF Nt, . I4ANDVSCL I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Daniel Ross Cameron, Jr., individually. Date: DE[FIJ�k'?ytiiiz ,JUI 201q Official Signature Name:i�zl, rlitc.G,urt t� om- Noary Public Notary public w Hanover County SeA NorthCarolinaCommission Expires AuA 30, 2020 [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] RECEIVED RECEIVED SEP 0 8 2020 OCT 0 9 2020 DCM WILMINGTON, NC DCM-MHD CITY �'I s e� � By: .L�I�.'�eSEAQ Print Name: Donna Southerland Cameron ACKNOWLEDGMENT STATEOF NORT{ 4A4?OuI\►`-\ COUNTY OF New, I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Donna Southerland Cameron, individually. Date: DEcVWkW— 30 r 2V I q Official Signature of lY'/ �'dL- "`� "" ' Notary's Printed or Name: I RiL���_' AMy Public My Commission Expires: �;wST 3d , 20 � LfficiafJe� MCGLONE•WE80 tary Public New Hanover County North Carolina ommisslon Expires Aug 30, 2020 [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] RECEIVED RECEIVED SEP 0 8 2020 OCT 0 9 2020 DCM WILMINGTON, NC DCM-MHD CITY Print Name: Dennis Page ACKNOWLEDGMENT STATE OF NuR'M CAPLANO COUNTY OF NEw NnrsoVUL �0'�L �o-EI I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Dennis Page Myers, individually. Date: Official Signature of Notary: a ' - v x `"'a M Mor Typed Name: olpsrorK[f2 �y 0496 . Notary Public '%yxpires: s/Ze ZOZ'f -Z:C �T.,- .�, � a MATURES CONTINUED ON THE FOLLOWING PAGE] RECEIVED cc, 0 9 2020 DCM-MHD CITY RECEIVED SEP 0 8 2020 DCNI4C a,Q- q in -� By: G 1 (SEAL) Print N e: Virginia M. Myers ACKNOWLEDGMENT STATE OF Noe-T c noa-ir4n COUNTY OF Nio-/ Ha.toyCY— I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Virginia M. Myers, individually. Date: izlvo�o Official Signature of Notary: (2/," V 6.jj'`' Notary's Printed or Typed Name: qrn�c e y t MR , Notary Public My Commission Expires: 514 a I z. zM RECEIVED OCT 0 9 2020 EI,VF-D SEP 0 8 2020 I (07 Hanover Design Services, P.A. Land Surveyors, Engineers, Land Planners December 12, 2019 Re: Description of the "Centerline" of a 15 ft. Private Access Easement over the Property of Virginia Mitchell Myers recorded at book 1266 page 60 and book 1455 page 1072 records of the New Hanover County Register of Deeds, in the City of Wilmington, New Hanover County, North Carolina and being more particularly described as follows: Said "Centerline of the 15 ft. Private Access Easement is located on the northern right of way of Bradley Avenue (20 ft. Public Right of Way), said point being located the following bearing and distances from the intersection of the northern right of way of said Bradley Avenue and the western right of way of Circular Drive (45.3 ft. Public Right of Way), N 57-13-18 W 11,15 ft. to an iron, thence N 58-26-22 W 10.72 ft. to the beginning point: Proceed from said beginning point N 14-48-00 E 50.28 ft., thence N 23-23-03 E 60.77 ft., thence N 16-50-19 E 19.63 ft., thence N 31-00-30 E 31.54 ft„ thence N 02-07-28 W 24.47 ft., thence N 12-27-01 E 41.36 ft., thence N 17-31-32 E 22.04 ft., thence N 40-46-42 E 24.01 ft., thence N 35-01-17 E 15.45 ft., thence N 07- 41-51 E 26.37 ft. to a point on the "High Water Line" of Bradley Creek, Said 15 ft. Private Access Easement being 7.50' to the east and west of the above described "Centerline" All bearings are N.C. Grid NAD 1983 2� if )l nathan L. Wayne PLS 3391 RECEIVED 0C1 0 9 ZM DCM-MHD CITY AQ BSc RF—CEIVF-V SEP 08 4r 4 %nm eniNGTON, NC 1123 Floral Parkway Wilmington, N.C. 28403 Phone (910) 343-8002 Fax 9f 0) 343-9941 Business Firm License No. C-0597 EXHIBIT OF A LOCATION MAP 95 Ft. Private Access Easement / ( NOT TO SCALE ) over the property of `.W, Virginia Mitchell Myers e SIX City of Wilmington, New Hanover County, R'4D(FrC / North Carolina Reference; Book 1266 Page 60, Book 1455 Page 1072 �Fk PM� A Date: December 12. 2019 / HIGH WATER LINE A'R OF BRADLEY CREEKFSS 1 N 1318 W DISLNNCL IQ5 L2 N 58' 8 22 W 1 72 L3 58'26 E 846 L4 N 14'480D E 50.25 L5 N 2T 03 E 60.77 L6 N 16'5019 E 19.63 L7 N 31'00 30 E 31.54 Le N 02'07 28 W 24.47 L9 N 1 '2701 E 141.36 L10 N 1T3132 E 22. 4 Li T N 0'46 42 E 124.01 L72 N 35*101pi7 E 1545 L13 N 071415 2 Y l p0 RCfiyf , -), Rlw /SANITARY SANITARY SEVER MANHOLE -,—•SEWER / MANHOLE EX/SBNC IRON VIRGINIA MITCHELL MYERS !/ / BK 1266 PG 60 t / BK 1455 PG 1072 t N NO GRID NAD 83 Centerline of the 15 Ft i� /I / / °' R Private Access Easement ) / / s BRADLEY AVE. PUBLIC Raw MB M8 42 PG 397 REC EIVED CONCRETE { / MONUMENT A /Q / SEP 0 8 9 , DCM WIL AINGTON, NC 73 2 Y7 DANIEL CAMERON, R. DONNA SO UTH CAMERON 6238 BK 6238 PGC 2591 EXISTING CARD �ays� SEAL L-3391 � / 50' 25' 0 50' =v•. •Lug RECEIVED I SCALE IN FEET I INCH o 50 FEET F{ECEIVED THIS MAP 15 NOT FOR RECORDATION JONATHAN L. WAYNE PLS 3391 OCT 0 9 2020 1 HEREBY CERTIFY THAT THIS WAS PREPARED IN HANOVER DESIGN SERVICES, P.A. ACCORDANCE PATH THE N.C. MINIMUM STANDARDS LAND SURVEYORS ENGINEERS & LAND PLANNERS THIS MAP MAY NOT BE I WERTIFlEO SURVEY II23 FLORAL PARKWAY �}� D M-MHD CITY AND HAS NOT BEEN REVIEWED BY A LOCAL 1123 FLORA, N.C. 28403 }\/`Lr(�11•.(j.7,�\/} GOVERNMENT AGENCY FOR COMPLIANCE WITH PHONE: (910) 343-8002 ANY APPLICABLE LAND DEVELOPMENT REGULATIONS FAX: (910) 343-9941 AND HAS NOT BEEN RENEWED FOR COMPLIANCE FIRM DeRnNCAIE C-0597 JI WITH RECORDING REQUIREMENTS FOR PLATS. JOB 15068 Eaeement ExhIblLJW