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HomeMy WebLinkAbout109-20 Pennington, RogerPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 109-20 Issued to Roger Pennington, 900 Colbert Road, Aiken, SC 29083 Authorizing development in Brunswick County at adi. to Davis Canal, at 111 SW 8' Street, in Oak Island as requested in the permittee's application dated 7/29/20, including attached workplan drawings (2), Page 2 of 3 dated 8/21/20, and page 3 of 3 dated 7/19/20. This permit, issued on November 12, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation if these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null ano voio. Docking Facility Expansion 1) This permit authorizes only the additional boatlift 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 expansion without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No 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. 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 Roger Pennington ADDITIONAL CONDITIONS Permit No.109-20 Page 2 of 3 3) This permit authorizes 1 additional formalized boat slip for a maximum of 3 formalized boat slips. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) 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. 6) 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. 7) Should the property to the west of the applicant 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 minimum setback, and authorizing to construct of a portion of the docking facility within the property owner's riparian setback, and submit this authorization to the Division of Coastal Management prior to initiating construction of the docking facility. General 8) 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. 9) 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. 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11) All debris associated with this development must be contained within the authorized project area. The permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter associated with the project site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2020-01608). 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. 2020-1189. Roger Pennington Permit No. 109-20 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator. Curt Weychert County: Nw Circle on Bio Re f Permit for. Oversize Plans sent: 4A Permit #: J "6 y WIRO E-MAIL DISTRIBUTION SHEET al-e�x i 1V!26 C�/� tI 6L"& 'I-IAOVPC 1\9 DCM Offices: I lk Morehead City: PT (if oversize) via Courier 'cc Curt & Amanda on group email wi ' .narr.app.drawings, deed, comment sheet •MHC documents (Curt & Amanda) Wilmington: Original hard -copy 'ONLY USACE & DWR (mm): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: & Carteret Co): PN, CL, Reports, Split Sheet _ use bothj4geg ingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: %Robb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet 1 (PN/ON): PN, CL, Reports, Split Sheet_ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Shg Marine Fisheries: DCM PlannerMiRO: Cultural Resources: Natural Heritage Prog. DCA-Rural Eco. Dev: NC DOT: Wildlife Resources: State Property Office: Shellfish Sanitation; DEMLR: Public Water Supply: Christenbury_ �--' e Gledhill -Earley EnvironmentaLReview mcdenr.00v_ ey Butler_ Ziegler _ 1 Harris iDunn w/Reports Halton: DEED _ Moser is Hilliard, Real Property Agent (Bio Reports only) _ ✓Jeyhmy Humphrey (Bio) / Shannon Jenkins (Pt) _ ,,,Sharon Gupton, Admin. _ 1 stine Hall - Stonnwater Section _ fan Sams -Land Quality. Section _ ✓Heidi Cox City of Wilmington: Enforcement: " Field Rep: / Co. LPO J /� �) I y V �► Agent: NI ` It DISTRIBUTED: Updated 09104120 CAMA/Shaun majors docarb Agency List Application Review Checklist A DCM Letter Accepted Complete Public: Applicant Vejottoiot Tpro� p ,1 nj(0LzQ Computer: Agent A�Qy��► Physical Address AECs Riparian Notification? Neighbor 1 Neighbor 2 Raparian rights From Property line Navigation/ Channel Proximity FT' calculations PTA Concerns? 1 4D 75 day {— fµi (j Placard Comment date �� Accepted - Initial ,(� /0'ZQ Deficiency Letter? Field Rep. V A ) K Comment Accepted 30/75 Habitat �� Development ee�� Designations A910i ,yNk VI i1— Buffer Green Card? gned Form? No Obj Waive 15' Fee Schedule42-5D 1twO 'Tow ove D. �� etwgw5 Water � e) rw. IV � �L Q� o 'n32 6K Deed? Dependent VA -UPF J-PrGILA 27ftz Commercial PH or 1/4 width? AL Uy ISSUES OF NOTE Permit Checklist Major Development Permit # - Excavation/Fill Applicant �, �"��� Lo461- 2(3-A^ lJ &r(0J Address 100 V>0406t6:' !ZOA 1 y1 ftl 20 CM:� County Physical Location including MP Forms Dates Drawings # Drawings & Dates MPl MP2 MP3 MP4 MP5 Development Types 1 Including Conditions v and Notes DWR 401 Certification # USACE SAW # LOX- (91(r?(?1b M9 6(p Permit Fee Additional Comments On Back I DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Roger Pennington PROJECT NAME: III SW 86' Street COUNTY: Brunswick LOCATION OF PROJECT:111 SW a Street, Adj to Davis Canal, Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-2-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brink DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 9-16-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 11-16-20 HOLDS: MAIL OUT DATE: 9-11-20 PERMIT FINAL ACTION: ISSUE DENY FEE RECD: $250#1093 END OF NOTICE DATE: 10-7-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 10-7-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 9 -11 eza DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch - m - e, DWR-401 Section z- 1199 . (,9 DWR- Public Water Supply ^� ' DEMLR-Stormwater . ��- DEMLR- Sed and Erosion DOA - Stare Property Office Wildlife Resources Commission - DMF - Shellfish Section -^ZQ DMF - Habitat & Enhancement - DNCR-Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce _ A h Recommendations for State Permit — Pennington 3rd Slip The square footage of the proposed docking facility is calculated as follows: Shoreline length =125 ft. x 8 sq. ft. =1,000 sq. ft. allowable. Proposed and Existing: Proposed: Boatlift =15' x 16' = 240 sq. ft. (not counted) Existing: Fixed Platform = 12' x 15' = 180 sq. ft. Floating Dock =10' x 20' = 200 sq. ft. Boatlift = 13' x 13' = 169 sq. ft. (not counted) Total (proposed) = 0 sq. ft. Total (existing) = 380 sq. ft. The proposed development would provide docking space for one additional vessel. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight -square foot rule and the ''%width rule. The docking facility would be located entirely over open water. ROY COOPER 7 Govemar yl MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLMA Direct.,. 1J."ion nfCaas(al Laetrr+riaramoi (?Va.7pManagement September 11, 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.wevchertne NCDENR.aov SUBJECT: CAMA Applicant: Roger Pennington Project Location: 111 SW 81h Street, adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to install a second boatlift at the existing docking facility for a total of three (3) formalized boat slips. 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 October 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 �aniar e�mw RECEIVED DATE Sept. 11, 2020 SEP 1 1 2020 MP SECTION State of North Carolina I Environmental Quality I Coastal Management DCM - MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Gu,.mr a MICHAEL S. REGAN S'ecrelary BRAXTON DAVIS NORTH CAROLINA f.irrn'pnmenral 0,,vh0.. Diremur. Dn,uwn ufCoasm! Monagemenl September 11, 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) c u rt. wey c h e rt(a) N C D E N R. a ov SUBJECT: CAMA Applicant: Roger Pennington Project Location: 1 f 1 SW 8th Street adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to install a second boatliR at the existing docking facility for a total of three (3) formalized boat slips. 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 October 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 9-14-20 RECEIVED st:P 14 2020 State ofNonh Carolina I Environmental Quality I Coastal Management MP SECTION 127 Cav1ina1 Drive Ext., Wilmington, NC 28405 9197967215 DCM-MHD CITY ROY COOPER a MICHAEL S. REGAN lecremry BRAXTON DAVIS NORTH CAROLINA Director, Division ojCoasrnl LtinrirwrnOnto! Ou,71p, Management September 11, 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) cu rt.weychert5-NCDENR.gov SUBJECT: CAMA Applicant: Roger Pennington Project Location: 111 SW 8th Street, adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to install a second boatlift at the existing docking facility for a total of three (3) formalized boat slips. 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 October 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 Kimberlee Harding AGENCY NCDMF SIGNATURE Kchl6ozQo2 Yrau-le� DATE 09/15/2020 State ofNorth Carolina I Environmental Quality l Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 RECEIVED SEP 15, 2020 MP SECTION DCM - MHD CITY s -,, ROY COOPER ` Govemor �� n� MICHAEL S. REGAN Secretary v.,M` BRAXTON DAVIS NORTH CAROLINA Director, Division of Coastal Environmental Onality Management September 11, 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.wevchertcD-NCDENR.gov SUBJECT: CAMA Applicant: Roger Pennington Project Location: 111 SW 8tb Street, adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to install a second boatliR at the existing docking facility for a total of three (3) formalized boat slips. 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 ,October 7,.Y020, If you have any questions regarding the proposed project, contact Ben Brink at (910) 7964425 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. 990NT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality SIGNATURE �yi1uht.�%a for Shannon Jenkins RECEIVED pA'_TE 09/17/2020 SEP 17.1010 MP S,ECTION State ofNonh Carolina i Environmental Quality I Coastal Management DCM - MHD CRY 127 Cardinal Drive Ext., Wilmington NC 28405 919 796 7215 ROY COOPER 04"v,mv. ..:.��! MICHAEL S. REGAN aysn BRAXTON DAVIS a ra,mgi,u.:;r September 11, 2020 MEMORANDUM. FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 v svp2020 Fax: 252-247-3330 (Courier 11-12-09) co _x,_; curt.wevchert(rDNCDENR.Oav ..tra- : SUBJECT: CAMA mac!Ytivt ` b°�y Applicant: Roger Pennington ���FGdBZ LZ� Project Location: III SW 80 Street, adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to install a second boatlift at the existing docking facility fora total of three (3) formalized boat slips. 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 October 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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 4�1� ^�T• Inn AGENCY T�C4-IRC SIGNATURE RECEIVED DATE `I—IS-7;7ao SEP 18. 1070 / M(Mi �P SECTI� State of North Carolina I Emironmmtal Quality I Coaatxl Mamgmtmt DCM - MHD C111/ 127 CudinalDriveExt, Wilmmgtor, NC 28405 9197967215 -gi�7, �. ROY COOPER t._ r✓remu• MICHAEL S. REGAN BRAXTON DAVIS .. lJih•rluL UirAmur nJf)+m!rd .v .iLaaxyvulJ September 11,,2020 MEMORANDUM: FROM: Curt Weychert, Assistant MajorPermits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28567 Fax: 252-247-3330 (Courier.11-12-09) curt.wevcher0NCDENR.Qov ;SUBJECT: CAMA Appllcant: Roger Pennington Project Location: 111 SW 811' Street; adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to Install a second boattitt at the existing docking facility for a total of three. (3) formalized boat slips. Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Curt Wevchert at the address above by October T, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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. PRINT1.:NAME "I A r AGENCY N C b k r 1- o 5 Co M r+ •x-rcA SIGNATURE M MN � lt- 92Lti DATE °I(23 [20 RECEIVED SEP 2 91010 State of North Carolina I Envimnmrntal Quality] CoastalMM90MICnt MP SECTION 127 Cardinal chive Ext., Wdmington,gNC U405 9197967215 DCM-MHD CITY Due: 10/6/2020 Received: 9/28/2020 Historic Preservation Office ER 20-2008 NORTH CAROLINA Enri, onniental Onal iq- September 11, 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) c u rt. wevc h e rtCa. N C D E N R. g ov SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management NC - SBA 10/1/2020 Applicant: Roger Pennington Project Location: 111 SW 81h Street adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to install a second boatliff at the existing docking facility for a total of three (3) formalized boat slips. 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 October z 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 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. PRINTNAME Renee Gledhill -Earley Historic Preservation Office 10/6/2020 1 State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exl, Wilmington, NC 29405 919 796 7215 RECEIVED KT. O'6. 2020 MP SECTION DCM - MHD CITY 9 �i ` ~mow✓�� eCaiH Q.3fu ut,�,. " r r•r+;N (e r�inr 4 September 11., 2020 i .. I j MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY_COOPER MICHAEL S.'REGAN _ •• \'ec9flN5' • BRAXTON DAVIS Dim,v'r.Djw Inn ofr"awal 49lnag...em Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of CoastaCManagement 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) 'curt.wevchertaN CDEN R. gov CAMA Roger Pennington 111 SW 81h Street, adjacent to Davis Canal in Oak Island, Brunswick County Proposal to install a second boatliR at the existing docking facility for a total of three (3) formaliked boat slips. 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 October 7, 202f If you have any questions .regarding the proposed project, contact Ben Brink at (910) 796-7425 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. RINT NAM Wanda Hilliard �QENG 5 State Property Office (1)".Proposed slip and (2) existing slips totaling 3 slips _IQNATUR GUa.>,eti__ RECEIVED AT 10-23-20 OCT 2 8, 2020 1��M�'P�s SEMON State ofKonh Carolina i Eovitonmental Quality I Coastal Management bow - MHD My 127 Cardinal Drive Ent, Wilmington, NC 28405, 919 796 7215 MEMORANDUM To: Curt Weychurt From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination — Roger Pennington— Oak Island, Brunswick County Date: October 28, 2020 Consistency Determination: This project is consistent with the 2017 Town of Oak Island Comprehensive Land Use Plan. The applicant proposes to install a second boat lift at the existing docking facility. The project is located at i l l SW 8lb Street in the Davis Canal in Oak Island. I have reviewed this proposal for consistency with the Town of Oak Island CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Residential. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. Areas of Environmental Concern (AEC's) are EW and PTA. Oak Island allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Oak Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. This project is consistent with the Town of Oak Island Land Use Plan Update. Cc: FILE U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01608 County: Brunswick County U.S.G.S. Quad: Lockwoods Folly GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Roeer Pennineton RECEIVED Address: 900 Colbert Bridge Road Aiken, SC 29093 Telephone Number: NOV 0 4 7020 Size (acres) Nearest Town Oak Island MP SECTION Nearest Waterway Monteomery Sloueh River Basin Lower Pee Dee DCM - MHD CITY USGS HUC 03040208 Coordinates Latitude: 33.9198 Longitude:-78.1694 Location description: The existing dock and the or000sed boatlift are located in Montgomery Slough at 111 SW 8th Street in Oak Island, Brunswick County, NC. Description of projects area and activity: The or000sal is to install a 15 feet by 16 feet boatlift on the western side of the existing dock. This boat lift would cover and shade 240 square feet of Monteomery Slough. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide 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/nc-es/mammal/manatee_ guidelines.pdf. 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 permit application and drawings dated August 21, 2020. 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 (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Greeory E Currey usace.army.mil. CURREY.GREGO Digitally signed by CURREY.GREGORY.EUGrN RY.EUGENE.105 E.1051011950 1011950 Daft: L N 1OV -.40 Corps Regulatory Official: Date: November 4, 2020 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: RECEIVED US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer NOV 0 4 2010 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 MP SECTION Phone: (404) 562-5137 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 Action ID Number: SAW-2020-01608 County: Brunswick County Permittee: Roger Pennington Project Name: 111 SW 8th Street/Roger Pennington Boatlift Installation Date Verification Issued: November 4.2020 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 notethat 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. RECEIVED MP SECTION DCM - MHD CITY Signature of Permittee It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. CURREY•GREGORY•E Digitally signed by CURREY.GREGORY.EUGENE.1051 UGENE.1051011950 011950 Corps Regulatory Official: Date: 2020.11.04 10:02:34 -05'00' Gregory Currey 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://coLpsmai)u.usace.army.mil/cm anex/f?p=l36.4.0. Copies furnished by email: Adam Greene (Sea Dog Marine Construction) Curt Weychert (NC DCM) Ben Brink (NC DCM) Robb Mairs (NC DWR) RECEIVED NOVA-4 2020 MP SECTION DCM - MHD CITY Weychert, Curtis R From: Mairs, Robb L Sent: Friday, November 6, 2020 10:18 AM To: Weychert, Curtis R Cc: Benson, Tyler G Subject: RE: Thorpe Project We are good if you just want to note our file and GC. We can draft our letter that no written approval needed a well. From: Weychert, Curtis R Sent: Friday, November 6, 202010:16 AM To: Mairs, Robb L<robb.mairs@ncdenr.gov> Cc: Benson, Tyler G <Tyler.Benson@ncdenr.gov> Subject: RE: Thorpe Project Thanks Robb, no special conditions I need to incorporate into our permit draft? Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Cu rt. Weycherta ncden r. aov 400 Commerce Ave Morehead City, NC 28557 From: Mairs, Robb L <robb.mairs@ncdenr.gov> Sent: Friday, November 6, 2020 10:15 AM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Cc: Benson, Tyler G <Tyler.Benscm ncdenr.gov> Subject: RE: Thorpe Project Hey Curt, this proposal will not require written approval from the DWR (2020-1668) through GC 4175. Thanks, From: Weychert, Curtis R Sent: Friday, November 6, 2020 10:07 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: Thorpe Project Hey Robb, I heard back from the Corps— RGP 56. Has DWR 401 come up with a decision on this yet? Happy Friday and Thanks! Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt.Weychert(abncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Q DocuSign Envelope ID: 68157C1D-1043413D-941F-DDAC73EEC641 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quallty October 19, 2020 DWR Project # 2020-1189 Brunswick County Roger Pennington 900 Colbert Bridge Road Aiken, SC 29083 Subject Property: 111 SW 8th Street— Oak Island, NC 28465 No Written Approval Required Dear Mr. Pennington: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on September 11, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. in accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: RECEIVED If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): NOV 0 9 2020 LAP SECTION DCM - MHD CITY North Carolina Department of Environmental Quality I Division of Water Resources ./ Wilmington Regional Office 1 127 cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 DowSign Envelope ID: 68157C1D-1043-413D-941F-DDAC73EECS41 Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Robb Mairs at 910-796-7215 or robb.mairsftcdenr.eov if you have any questions or concerns. Sincerely, Coocuagn.aer Menlla SAW. 61 E]�BAIMC7DCU�.. Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Adam Greene, Sea Dog Marine Construction, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED NOY 0 9 2020 UP SECTION DCM - MHO CITY ROY COOPER (imrnrnr MICHAEL S. REGAN Secmiary BRAXTON DAVIS Orrcrrnr Awwan o/Coanal Management September 11, 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(d_)N C DEN R.qov SUBJECT: CAMA Applicant: Roger Pennington Project Location: 111 SW 81" Street, adjacent to Davis Canal in Oak Island, Brunswick County Proposed Project: Proposal to install a second boatlift at the existing docking facility for a total of three (3) formalized boat slips. 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 October 7, 2020. If you have any questions regarding the proposed project, contact Ben Brink at (910) 796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coa" Management 127 Cardinal Drive Eat., Wilmington, NC 28405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Roger Pennington PROJECT NAME: Pennington 3rd Slip 2. LOCATION OF PROJECT SITE: Site is located at 111 SW 81h Street in the Davis Canal in Oak Island, Brunswick County. Coordinates: Latitude N 33055'10.97" Longitude W 78*1010.42" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/27/2020 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 8/10/2020 Application Complete — 9/2/2020 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP — Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - Single family residence, bulkhead, floating dock, boatlift Planned - Install additional boatlift (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED pier, fixed platform, OTHER (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water NIA NIA 240 sq. ft. incor orated (D) Total Area Disturbed: 240 sq. ft. (0.006 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HOW Open: No 8. PROJECT SUMMARY: The applicant proposes to install a second boatlift at the existing docking facility for a total of three formalized boat slips. Pennington 31d Slip September 4, 2020 Paae 2 PROJECT DESCRIPTION The proposed project is located at 111 SW 81' Street, in the Davis Canal in Oak Island, Brunswick County. The property can be reached by traveling NC HWY 17 south towards Shallotte/Myrtle Beach then take NC-906 to SW 8th Street in Oak Island. Turn left onto SW 8th Street and the property is about 443' on the right. Existing structures on the project site include a single family residence, a private two slip docking facility, and a bulkhead. The existing docking facility includes a 12' x 15' fixed t-head platform which transitions to a 10' x 20' floating dock and a 13' x 13' boatlift to the east. The project site is approximately .6 acres and is vegetated primarily with grasses, shrubs, and mature trees. The high ground portion is elevated approximately 10'-15' above the normal high water (NHW) level, and the shoreline (+/-125 linear feet). Roughly 117' of shoreline is stabilized by bulkhead. There are coastal wetlands (Spartina altemiflora) within the riparian corridor of the applicant's property between the canal and existing bulkhead (approximately 12'-16' in width). The applicant's property sits on Davis Canal, directly across from Montgomery Slough. Residential properties border the project site to the west and north, SW 8'h Street borders to the east, and Davis Canal borders the south side of the property. The width of the canal measures approximately 93' feet at the proposed project site. The waters of the canal system are classified SA by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the August 2020 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding waters. Water depths at the waterward end of the proposed boatlift is approximately 5' relative to NLW. PROPOSED PROJECT The applicant proposes to install a second boatliff to the existing docking facility for a total of three formalized boatslips. The new boatlift (15'x16') would be on the western side of the docking facility adjacent to the existing fixed deck in Davis Canal. The proposed boatlift would extend approximately two feet into the 15' riparian buffer of the neighbor to the west. A waiver has been completed and is included with the permit application. The application states that existing water depth in the vicinity of the proposed boatlift would range from approximately 3.0' to 5.1' @ NLW. As proposed the proposed boatlift would be located within the established pier length and within % of the width of the waterbody. - 10. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 240 sq. ft. of Estuarine Waters and Public Trust Area. The docking facility would remain consistent with similar pier length requirements. The proposed docking facility would encroach into the 15-foot riparian corridor setback of the western property owner and a waiver has been obtained. Minor increases in turbidity should be expected during piling installation. Submitted by: Ben Brink Date: September 4, 2020 Office: Wilmington SEA DOG MARINE CONSTRUCTION 107 SW 9T" STREET OAK ISLAND, NC 28465 July 29,2020 Mrs. Tare MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 127 Cardinal Drive Ext. Wilmington NC 28405 RE: (Project Narrative) 11 I SW 86 Street Oak Island, NC 28465 The Owner of I I I SW 91b Street on Oak Island NC, hopes to install an additional boat lift at their existing pier on the Davis Canal. The existing pier has two slips currently and the addition of a second boat lift will make for a third slip (including the existing floater). The lot is a double lot and has approximately 124 linear feet of water frontage. The neighboring property to the west has agreed to waive the 15' setback from the riparian limit to allow for the htstallation this second boat lift -Sea Dog Marine Construction has conducted a detailed site visit to confirm the site plan attached with this narrative. Construction will take place on the water by barge. The barge will be spudded in place during construction at the project site. Please: find the following documents attached with this project narrative: 1. DCM-MP-1 Form 2. DCM-MP-4 From 3. 111 SW 8's St Location Map (Page 1 of 3) 4. 111 SW 86 St Site plan (Page 2 of 3) 5. 111 SW 8* St A -A Section View (Page 3 of 3) 6. Property Deed 7. Agent Authorization Form 8. Greene Adjacent Owner Notification 9. Town of Oak Island Adjacent Owner Notification Sincerely, SEA DOG MARINE CONSTRUCTION RECEIVED AUG 10 20K ACM WILMINGTON, NC Adapt Graute, PE General Contractotr NCL# 82621 Mobile: 910-876-0852 MWI APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicanfl Landowner information Business Name Project Name (if applicable) Applicant 1: First Name Roger MI Last Name Pennington Applicant 2: First Name MI Last Name It additional applicants, please attach an additional page(s) with names fisted. Mailing Address 900 Colbert Bridge Road PO Box City Alvan stela SC ZIP 29083 Canby US Phone No. 803 -645 - 6193 ext. FAX No. - - Street Address Cif different horn above) City state ZIP Email rpemingtonsmpQbellsouth.riet 2. AgenVIConfractor Information Business Name Sea Dog Marine Construction Agent/ Contractor 1: First Name - MI Last Name Adam H Greene Agent/ Contractor 2: First Name M I Last Name Mailing Address PO Box City State 107 SW 9th Street Oak Island NC ZIP Phone No. 1 Phone No. 2 28465 910 - 876 - 0952 ext. - - aid. FAX No. Contractor # 82621 Street Address (if different hmm above) city State ZIP Email REC'. --_ seadogmarineconstrucfion@gmail.com <Form continues on back> 252-808.2808 :: 1.888.4RCOASY :. www.nccoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County loan be multiple) Street Address State Rd. # Brunswick 111 SW eth Street N/A Subdivision Name City State 27p WA Oak Island NC - 26465 Phone No. Lot No.(s) (if many, attach additional page with list) ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber River Basin Davis Canal c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural ®Manmade []Unknown AICW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No 1 work falls within. Town of Oak Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft) 124 LF 26,136 SF c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 1249Q42' NVIL (normal waterlmml) (If many lot saes,p/ease attach additional page with a fist) lo'-15' ®NHW or ❑NWL e. Vegetation on tract Grass and Shrubery I. Man-made features and uses now on tract Residential lot on man made canal g. Identify and describe the existing land uses add to the proposed project site. Residential Homes h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) OK-R-6 []Yes ❑No [RNA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ®No []NA National Register listed or eligible properly? <Form continues on next page> AUG 10 N20 252-808-2808 :. t•888-4RC OASY .: www. n a e is a st aim anagevneetDnlet^-TC N, NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (III) If yes to either 0) or (if) above, has a delineation been conducted? ❑Yes ®No (Atfach docrunentatfon, 8available) n. Describe existing wastewater treatment facilities. NIA o. Describe existing drinking water supply source. Ctily Water p. Describe existing stone water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemment ®PdvatelCommunity b. Give a brief description of purpose, use, and dally operations of the project when complete. Residential Boat Storage c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Work to be conducted from floating barge. Barge to be spudded In place on project site for the duration of the work d. List all development activities you propose. Construction of new boat lift e. Are the proposed activities maintenance of an existing project, new work or both? New I. What Is the approximate total disturbed land area resulting from the proposed project? [33q.Ft or ❑Acres None/Zero g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. None -WA; Surface flow -No Changes I. Will wastewater or stormwater be discharged into a wetland? ❑Yes []]No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No [:]NA j. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED AUG 10 2020 252.8e8-28e8 :: 7.888.4RCOAST :: www.nccoastalmanWfbf ,$Ri!i;�4GTON, NO DocuSign Envelope ID: 53540D2C-E720-4E02-SFA9.12F4F75DIWO Form DCM MPA (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information in addition to this completed appkcation form, (MP-1) the following items below, d appicable, must be submitted in order for fhe application pad®ge to be complete. Items (a) — (1) am always appscable 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 pyn view and uoss-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authcn ed work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c- A she 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 % tfeh the applicant claims He to the affected properties. e. The appropriate application fee. Check or money order made payable 10 DENR. I, A list of the names and complete addresses of the adjacent waterf nt (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plals 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 Janie Greene Phone No. Address 110 SW 8er Street, Oak Island. NC 28465 910-876-4427 Name Phone No. Address Name The Town Of Oak Island Public RIW Phone lb. 910278-Wl l Address 406 E Oak Island Orie. Oak Island NC 28465 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, peonittea, and issuing dales. h. Signed casueand or agem authorization form, if applicable. I. Wetland de&neeaon, it necessary. j. A signed AEC hazard notice for projects in oceanfront and Inlet areas. (Alfusf be signed by property owner) If. A staler ert of compiance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement commenting compliance with the North Carolina Environmental Policy Act, 1 7. Certification and Permission to Enter on Land —I 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 ray that�he information provided in this application is truthful to the best of yknowledge. �/19/LaA Joyce Pennington r& Koger Pennington Date Print Name b Signature - escrpopssleglta Please indicate application attachments pertaining to your proposed project. DDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development Ri:CtIVEC 181DCM MPA Structures Information AUG 10 2020 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. a. (i) Is the rocking facility/menne: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublidGovemment ®PrivatefCommunity ❑Yes ®No c. (i) Dock(s) andfor pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (i) Number WA If yes: (ii) Length (ii) Number (w) Width (iii) Length (v) Floating ❑Yes []NO (iv) Width _ (v) Floating ❑Yes []NO e. (i) Are Platforms inducted? ❑Yes ®No f () Are Boalifts included? ®Yes []No If yes: If yes: (i) Number (ii) Number 1 (ii) Length (ii) Length 15 (w)Width (N)Wiidth 16 (v) Floating ❑Yss ❑No Note: Roofed areas are calculated from dr(pline dimensions. g. (i) Number of slips proposed In. Check all the types of services to be provided. 1 ❑ Full service, inducting travel lift and/or rail, repair or (ii) Number of slips existing maintenance service y ❑Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ® Other, please describe: Residential Boat Lift i. Check the proposed type of siting: ❑ Land rut and access channel []Open water, dredging for basin and/or channel ($IOpen water, no dredging required ❑Other. please describe: k. Typical boat length: 30' m. O Will the Facility have be pilings? ❑Yes ®No (ii) If yes number of tie pilings? 0 I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout L (i) Will the facility be open to the general public? ❑Yes ®NO DECEIVED AUG 21 2020 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net reVifed: l Form DCM MP-4 (structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed project. ❑Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: i b. Describe treatment type and disposal location for all sanitary wastewater. I C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. O Give the location and number of 'No Sewage Discharge' signs proposed. (i) Give the location and number of °Pumpout Available signs proposed. i f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. i i 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? R E EVE D QGM WILMINGTON, NG 252-808.2808:: 1-888.4RCOAST::w .nccoastalmanaaement.net revised: IZ27/06 Form DCM MP-4 (Structures, Page 3 of 4) in. Is the manna/docking facility proposed within a primary or secondary nursery area? ❑Yes []NO n. Is the manna/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 wedands/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 ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximityto any sheltfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse slructure(s). ❑Commerdal ❑Public/Government ❑Pnvate/Community (ii) Number (in) Length (iv) Width Note: Roofed areas are calculated fmm dripline dimensions. a. (i) Number (u) Length (iii) Width a. Length c. Maximum distance beyond NHW, NWL or wetlands a- Is the sbucture(s). ❑Commerciat [Public/Government ❑Pnvale/Community, c Distance to be placad beyond shoreline _ Note: This should be measured from marsh edge, i/present. w And of the swing ., Average distance from NHW NWL. or wellands b. Number d. Description of buoy (cpktr. inscription. size, anchor. etc.) RECEIVED AUG 21 2020 CC2r9 1Y'Lnl'I'cGTON, NC 252-808-2808 % 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 DoutSign Envelope ID: 57540D2C-E720.4E02.8FA0-12F4F75D18D9 7. GENERAL a. Proximity of slructurc(s) to adjacent riparian properly lines 4 Proximity of s mu re(s) to adjacent darling fadltees. 10, 45' Nate: Fw buoy w mowing piling, use arc of swing including raNfh of vassoi C. Width W water body 97' a. (i) Will navigational aids be required as a result of the project' Elves []NO ®NA (it) If yes. explain what type and how they will he implemented. d. Water depe-, at waterward end of s"cbsre at NLW w NWL 56: B. OTHER MlThis section mot appAcable a. Give conk oeacnpdon: 7/29/2020 Date Project Nam Roger & Joyce Pennington Applicant Name be o..wgn.(d'� i /k, APphcanl oErsean9 RECEIVED AUG 2 12020 ROY COOPER Covemar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS DIMCW Adam Greene Sea Dog Marine Construction 107 SW 9"n Street Oak Island, NC 28465 Dear Mr. Greene: NORTH CAROLINA Environmental Qualo September 4, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Roger Pennington for State approval for development of the subject property located at 111 SW 81h Street, adjacent to Davis Canal, in Oak Island, Brunswick County. It was received as complete on September 2, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 16, 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 2, 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. zSincerely, rink Field Representative cc: Curt Weychert, DCM USACE Robb Mairs, DWR Applicant, Roger Pennington Courtney Milliron, LPO (Oak Island) ODE � North Carolina Depanm ritof Envoonmental0.ua8ty I Divisionof Coastal Management Wilmington Offke 1 127 Cardinal Drive U msion I Wilmitgton North Carolina 28405 910.7%.7215 ' 1074 NOTI(O*$ LAMA PERMIT APPLIED F RE PROJECT: Aicant roposes to install a second I County. COMMENTS ACCEPTED THROUGH October 7= �40V20 ' LICANT oger Pennington 00 Colbert Brldge Road ■ en, 9 ent: Sea Doa Marine Construction Adam Greene (910) 876-0852 FOR MORE DETAILSCONT-ACT THE LOCAL PERMIT OFFIC F� R BELOW: i 0 NORTH CAROUNA September 11, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County a Roger Pennington ROY COOPER GntWrtk. MICHAEL S. REGAN Seanam BRAXTON DAVIS [)~n .. Dnumn rfC'msrd Mawwmem Hello Angie: Please publish the attached Notice in the Monday, September 14, 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. 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. ,Q6-',-- & Customer Assistance cc: WIRO File — Curt Weychert USACE State of North Caroline I Envirmmental Quality I Coastal Mavagavent 127 Cut final [hive Exl , Wilmington, NC 2W5 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On September 4, 2020, Roger Pennington proposed to install a second boatl ft at an existing private dockingfacility for a total of three (3) boat slips at 111 SW 8u St., adj. to Davis Canal, in Oak Island, Brunswick County. A copy of the application can be examined or copied at the office of Ben Brink, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) 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 October 7, 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. DocuSign Envelope ID: 53540D2C-E720-4E02-BFA9-12F4F75D19D0 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: The Penningtons Mailing Address: Phone Number: Email Address: 900 Colbert Bridge Rd. Aiken SC, 29803 803-645-6193 rpenningtonsmpi@belisouth.net I certify that I have authorized Sea Dog Marine Construciton by Adam Greene Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Installation of Additional Boat Lift at my property located at 111 sw 8th street Oak Island, NC 28465 in Brunswick County. / furthermore certify that l am authorized to grant, and do in fact grant permission fo 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: C_oocuspne[a�q: escio¢oEena Signature Roger & Joyce Pennington Print or Type Name self Title 7/29/2020 Date RECEIVED This certification is valid through 12 1 301 2025 AUG 10 ;nip QQM VVILP:41,!CTCA1, RC 0=iSign Envelope ID: 53540D2C E?20-4E02-aFAa-12F4F75D1aDe ADJACENT RIPARIAN PROPERTY OWNER STATWNT I hereby certify that I own property adiacent to the Pennington property located at I I c W kth St rcct (Marne of Prop" Owner) (Address, Lot, Block, Road, sk.) on The Davis (anal _ __ in Oak Island NC (Waterbody) (City/Town andlor County) The applicant has described to me, as shown below, the devebpinent proposed at five above location rye_ i have no objection to this proposal. I have objections to this proposal. DESCRIPTION ANDIOR DRAWING OF PROPOSED DEVELOPMENT (individual Proposing development must firl in rlascnlodon below or atrach a sde okw"wj) I understand that a per. duck, mooring pilings, breakwater, boatlrouse, lift, cr 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.) O�Irx i do wish to waive the 15' setback requirement I do not wish to waive the 15' setback reguremem Intomiatlon) or Rd. Citylstatevz'p 903-645-6193 TeMpbom Number 5/4/2020 Dare (Adjatettt Ptopei ty Owner Information) :k^-� Slggnkrlere Ianie Greenc Pmf or T"le Name 400 Greene St Afadrg Address Elizabethtown, NIC 2a337 9I0-akVZO 7 re/apholw Blum w 5/412020 Dare __ (Revised 0812012) .:QEIVEp AUG 21 2020 7Vl VIVIII:NGTON, NIC DowSign Envelope ID: 53540D2C-E7204E02-8FA8-12F4F76D18D9 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner. The Pennington Address of Property, 111 SW 8th Street Oak Island, NC 28465 (Lot or Street #, Street or Road, City & County) Agent's Name #: Sea Dog Marine Construction Mailing Address: 107 SW 9th Street Agent's phone #: 910-876-0852 Oak Island NC I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions must be Provided with this letter. I have no objections to this proposal. I have objections to this proposal. t/you have objection to whorls being proposed, you must norHythe Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be malted to 127 Cardlnal anv9 Evt, 1401"rngton, NC, 28405-3845. DCM representadves can also be contacted at (910) 795.7215. No response Is 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. I do not wish to waive the 15' setback requirement. (PrOPeftv O vWn Information) SignaturF709eE99e84 e_ Roger Pennington Print or Type Name 900 Colbert Bridge Rd. Mailing Address Aiken, SC 29083 Cdy/State/zrp 803-645-6193 Telephone Number 5/4/2020 Date (Adjacent Property Owner Information) Signature The Town of Oak Island Print or Type Name 4601 E. Oak Island Drive Marling Address Oak Island, NC 28465 City/StatelLrp 910-278-5011 9ECEIVED Telephone Number AUG 10".J Date PQ41 WILN',IN--3T01 , !!C Revised 6/1tb2012 a rua r C1''" I 66 rr,, m J 1 USE E S ._0 'E o %. ftee" a o $ O °o.r w.r.rtrr..r O paep gpprattr.e E r o JUL 30 20 o i �UHITEDSTATl3 Customer Receipt poemL 4EgVKE.. (For we by RYtel Gerrl.ta &ad Highway Contract Routes only) Amount (Wnften 00 702D 0640 0000 6631 7659 rs 7020 0640 0000 6631 7642 n000aiers Omoupt (�Numbers) ej91Mn N136 I ,�•1t/O F 7020 0640 0D00 6631 763 s _ 7020 0640 0000 6631 7628 By (Signature) , � I Ju i ? 0 M Arft PS Form 1996. October 2Mk12 7.94 i i REO MMI AUG 31 2IL"U RCM VVILftWIGTON, NO i I t202D USPS.mm®-USPS TmO ng®Reselh At .USM IS OMMMINGTHE GOND(NOM OFNUIiflCANE 1AU"" a MOVES DDAIDI. STAY UPD.tTE➢ ON SF EDAPACID. BUD USPS Tracking' FAD„ Track Another Package ¢ A.ytt e. AOg a (ipi Y21mo 1MonrvA DNnrryT(eeme p,eerve Anytime, Anywhere eulvrotee roe(u5aa an ywalvOON.f E^^�n Mom ���+�0 ^" s.weew�.rave•.o.�vxai.>ne�m,airruNmvmrwerwrv.eiueuq Tmeking Number. 70200540D00066317628 F .x YOUr item was defw W en Mlwldw et the address M 10.0. an On July 31,=h OAK ISLAND• NO 2MG . G Delivered Jey]1.3N20ulDp]an OAK S CS6e IndMl,e'a UND. NC .NCZ28aF5 Gm U,b %. V Tazt d Emag Updates y T..kft Hl W, Product Intnmutian Can't find what you're looking for? GO tD our FADS section W (rod arswen lO your traclting ques[iwn. FAG. hlWWAOOlauspsrsnlpo(RarkCDMrtmpmontfRetluApaga8ILC181r212B]]]=8llapa6=]p2Dp6apD00C883t]fi28%2CeNBt-Yalse W From: Steve Edwards To: Adam Greene Cc: toannex; Brink. Benjamin: info f SWED MAII BOX) Subject: RE. (External] RE: 111 SW 8th Street Major Pemut Date: Wednesday, September 2, 2020 2,50:47 PM The Town of Oak Island has no objection to the proposed project. Steven Edwards REVIEWE Development Services Director By Benjamin Brink at 3:08 pm, Sep 02, 20Y0 Town of Oak Island - --- --- - --- 4601 E. Oak Island Oak Island, NC 28465 Office: (910) 278-5024 Fax: (910)278-1811 From: Adam Greene[maiho:seadogmarineconstruction@gmail.com] Sent: Wednesday, September 02, 202012:00 PM To: Steve Edwards <SEdwards@ci.oak-island.nc.us> Cc: planner <planner@ci.oak-island.nc.us>;'Brink, Benjamin' <Benjamin.Brink2@ncdenr.gov>; info SHARED MAILBOX) <info@ci.oak-island.nc.us> Subject: FW: [External] RE: 111 SW 8th Street Major Permit Hello Gentlemen, Sea Dog Marine Construction is applying for a major permit with CAMA for construction of a boat lift at 111 SW 8th Street. The town owns the Right of Way on the Davis Canal at the street end. This property is located on a double lot so the adjacent neighbor is the Town. As such CAMA has asked that we obtain an email stating that the town has no objections to the proposal (see correspondence below). Sea Dog mailed an Adjacent notification form to the Town on July 30th however has not received a response. For your convivence please find the entire application package attached. At this time we request that the town respond via email or by completing the adjacent notification form and returning to us. Thanks! RECEIVED SEP 0 2 2020 l?CM VViLNiiNGiuN, N— 7w OMAN ma tarn am m die q" ad wluamtaims, faea, Oaommem or other 6n1*" ma Btuttttddt Gtt MTan coamow Y�om on, poll rrtllt a a notated byeu Bmxwaft cues Avacaartaam. Thlarmlacmakam tern ee POW anew mdlta do dad oar VjA7mdL/ Tirmm m�oip� l�lluiii�tY.,�m� r rl. Cl ° l ofZ'. W� pjt YI,QX./ Rat "'.t�'IC A' L�1�--_ C o Cey castlS p w Cash$—FItIm— ppub of I aaNea taamumemumlm dwya+. oDvmnd�mmasrecmMu� .aaataaawdrr.;;„a;red. P.xciseTmc SO.OD Rtxwrdingllme Bookuld Page: MaOaea r=rfttm 210 Colony Pkwy., SE, Aiken, SC 29803 This iostrmmanwaspepmed by Smitb, Massey. Bmdlcy Guym & Mayes, LLC Brief desarydoa lbribo ladex: Loft 9 & 10. BIk.218. See. 15. Phmers O.l. NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this, day of `)I.L . A2017, by and between GRANTORS ROGER A. PENNINGTON And JOYCE E. PENNINGTON 900 Colbert Bridge Road Aiken, SC 29803 GRANTEE ROGER A. PENNINGTON and JOYCE PENNINGTON. AS TRUSTEES OF THE ROGER AND JOYCE PENNINGTON FAMILY TRUST U/A DATED JUNE 7(r, 2017, AS AMENDED 900 Colbert Bridge Road Aiken, SC 29803 The dmWiadm Grantors and Grantee as used herein shall include said patens, their hells, sucatsom, and assigns, and shall include singular, phnl, maavfine; feminine or nonter as mquhW by cone nt WITNESSEIH, that the Grandma, for a valuable consideration paid by the Grantee, the receipt of which is hereby admowledged, have and by these presents do gmat, bargain, sell and covey unto the Grantee in fee simple, all that retain lot or parcel oflmd suhmed in Oak Island Township, Brunswick County, Norm Carolina and tame particularly described as follows: BEING all of Lot Ni*9) and Lot Ten (10), Block Two Hundred Eiglacen (218), Sectim FiBeea (I5) of Piano's Point, a secdnn of Long Beach (mw known as Oak Island), North Carotene, a cup of which m duly receded in the of6cc of the Register of Deeds of Brunswick County, Norm Carolina, in Book of Maps 6 at Page 67. AUG 10 io0l' .QQM VYILrVM'JG T CN, fJG NIII1111111111111111HI�ifalNllll a ?l..a�' Derivation: This being the same property conveyed unto Roger A. Pennington and Joyce E. Pennington by Deed of John F. Robertson and Judith A. Ward dated February 10, 2016 and recorded February 11, 2016 in Book 3735, ar Page 749, records of the Register of Deeds for Brunswick County, North Carolina. Tax Parcel: 234KBD10 Grantee's Address 900 Colbert Bridge Road, Aiken, SC 29803 TO HAVE AND TO HOLD the aforesaid lots or parcels of land and all privileges and appurtenances thereto belonging to the Gramm in fee simple. And the Grantors covenants with the Gtantec, that Grantors are seized of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all eruumbnmas, and that Grantors will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated Title to the property hereirtabove described is subject to the following exceptions: 1. Ad valorem real property taxes for anent and subsequad years; 2. Easement , restrictions, rights -of -way, and any other matters; shown on the plat of surety filed in the Brunswick County Registry in Map Book 6, Page 67, as the same may be amended loom time-n*time; 3. Any and all public or private utility easemems or rigl b f-way across, over or under the pmperty; 4. Zoning ordmaoee,, building codes, laws, statutes, land use, and other govermisiatal rules and regulations affecting the use and development ofe property herein conveyed; 5. Visible easements, encroachments, mid all casements, covenants, restrictions, limitations, conditions, reservations, agreements, rights -of -way, and other matters of record applicable to or affecting said property, and as amended or supplemented from time -to -time. IN WITNESS WHEREOF, the said Gmrtors have hereunto set Owir hands and seals, or if corporate, have tasted this instrument to be signed in its corporate name by its urfornkil effects and its seal to be hereunto affixed by authority of its Board of Directors, the day and year "A-10M. ROGER A. PENNINGTO STATE OF SOUTH CAROLINA COUNTY OF AIKEN I, a Notary Public of the County and State aforesaid, certify that ROGER A. PENNINGTON and JOYCE E. PENNINGTON, personally sane before me this day and ackwwlcdged the execution of the foregoing Imtrumem. This the _ U day of My Commission expires �� -9 RECEIVED AUL 10 lun D C M %Pv!LI.!INGT0N, N1C 1 J 1 P8 � L f . • y. l_,N. a • [ +mob .. SAINT JAMES ,AREA �7�' if .rw ..r ♦y'. J ` NUJ WEST .b Y 1.� Z •„ ws✓Y f r _Y I r. a tirW. ti F 1J1 I` !. " it / ,� ) 1} + t+l n'r-. I �^ ly �I= �Yp-•'� - �' .« '-'•i ..I ` �T EAST OAK ISALND DRIVE r.. _.I ( .'• OAi95ICAry' y., �i,•'y.V n-7r CT1[A �-t� '� .r. P,ROJE�ON •a..a:wypm h�B/C�f r� ( '�. r r -17{SW B�ANTH STREET -�' o • -,. _ A\1'li'd1� S'C ,.I _ 1 " "- i';-•'--'- `'� -t!' •r..r it `Y r•'?n - 0 T( 'INC. t28485 •.+d y... .. _ ;�.-,.i r.`-. �-. r ,..7-�r�•-pvrr -wFT li I r rf( T.r[ In1 r6r r. "1( t>Cr 1 � } �-_ «....-_r j1 [,,;... _-.. ......__.--... .�-• ... rrnr [, ..r r.•e.. .._�VEST^BEACH•ORIVE... ..-T'-.h'r 4,.. ......... •t ....lr.• i-o •$tit �� (�I ..-r it'f. Nri, _EAST BEAC ,DRIVE 'i ••. --'11) -'^ r = r'r <Yr es.-.k a •rc b ys.< `OAK ISALND BEACH) - ^`,,"', _ - Eby.• -- "«« :gIIiIC SCALE ATLANTIC OCEAN k LOCAITON MAP (PAGE 1 OF 3) ., 201W 4000 N -- ® MR. ROGER PENNINGTON RECEIVED 111 SW 8TH STREET AU,, I 0 2P_T t000 t� OAK ISLAND, NO 28465 N jQ.0 r - p, 7/1912020 I nc gr,in:o-.cT0r1,rlc 910.8160852 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: E W 1 V-A Fee: $ %5'.°0 # CDAITS _ MHC cc APplicant Row ekyUt, oe\ AgentfContracto . Sc.,N. Deq Mare .h Project Site County: r1M�II� r Staff r Ih District: N7lmington Project Name: phi n Rover File: n/a River Basin: 4 Initial date of application submittal: W l o -1�6 lc�o Date application'reemed as complete in the Field office: Permit Authorization: CAMA ❑Dredge & Fifi LIBoth SITE DESCRIP ION/PERMIT INFORMATION ORW: ❑Yes No PNA: Yes No Photos Taken: Yes ❑ No Setback Required (riparian): Yes No Critical Habitat 0Yes ❑No Not Sure 15 foot waiver obtained-.," UNo Hazard N ' cation Returned: []Yes No SAV: ❑Yes ONO ❑Not Sure Shell Bottom: ❑Yes o Not Temporary Impacts: Yes LjNo Sure Sandbags: Yes No Not Sure Did the land use classification come Mitigation equired (optional): from county LUP:NYes ❑No ❑Yes 0 Moratorium Conditions: Environme tal Assessment Done: Length of Shoreline: ❑Yes Po ❑NA 1 ay ❑Yes NO ❑NA Shellfish Area Designation: Pro ect Description: (code) Development Area: (code) Open or C C)• C06 SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) D!LHigh Quality Waters (HOW) I U Outstanding Resource Waters (OR" WETLANDS IMPACTED N/A ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium so.) ❑ (SS) Glasswort ( Salloomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgmss (Spartina ❑ (SY) Salt reed grass (Spartina altemif fora) cynosuroides) El (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (M Cattail (Typha sp.) spicata) Sp.) (JR) Black needlerush (Junws (SP) Satl/meadow grass (Spartina roernerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Pm. 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 Permit - $2000 acre; 4144 can be applied - $400 II. Public or commerciallno dredge LJ Major development extension request- $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ III(C) Prty, public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Name: fMN,;j9j n 3 Sf� Date: k 3 1-02.0 Describe below the ACTMTIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One W L New M Maint ❑ Replace ❑ YN 1 New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Melm ❑ ❑ Y [IN New Work ❑ Replace Maim ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final 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 tamp restoration or temp impact ds impact amount) tow impacts) amount J OU" Dredge ❑ FIN ❑ Both ❑ Other t� �-I o �N o p Dredge ❑ FIN ❑ Both ❑ 08ret ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ F8 ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both o Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ (hedge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: i-8883RC0A8T :: www neewstelmanaoemsnt.not rwiwd: 02126118 Date Date Check From Name of Vendor Check Check Permit Rd. P Received Deposited Permit Holder Number amount Number/Comments 9/9/2020 Sea Dog Marine Roger Pennington First Bank 1093 $250.00 major fee, 111 SW 8th Street, Oak Ben rct. Construction, LLC Island BrCo NO Split 11701 Major Permit Fee Schedule Project Name:P�y�(V\q�� 3ra eJlif County:9rjAnSt";C— CheckNor3Amount: A� In93 0-50l no DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development :'� that does not involve the filling or ( $250 100% ($250) ::�) 0% ($0) excavation of any wetlands or open water areas. II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0 ) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A) - Private, non-commercial development, if General Water Quality $250 100%($250) 0%($O) Certifimtion No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C) - If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) review and written DWQ concurrence needed because of concems related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) certification No. 4175 cannot be applied IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% (S190) of wetlands and/or open water areas. DCM Coordinator: Curt Weychert County: v Permit #: fVA WIROt E-MAIL DISTRIBUTION SHEET Circle on : Bio Repo / Permit for: 1/i� Xeyiy,) Y Oversize ans s DCM Offices: Morehead City: PT (if oversize) via Coufier N *cc Curt & Amanda on group email w/ gib.narr.app.drawings, deed, comment sheet 'MHC documents (Curt & Amanda) ✓_ --Wilmington: Original hard -copy, -------- — -- — ONLY USAGE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Iffider & Carteret Co): PN, CL, Reports, Split Sheet use bothmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet 7lfeeg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: Robb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ r - 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: v9heri Montalvo for Karen Higgins: PN, CL, Reports, Split Marine Fisheries: ton f w +Kim Hardin _ DCM Planner/WiRO: ike Christenbury _ Cultural Resources: nee Gledhill -Earley Environmental.ReviewCa)ncdenr.aov_ Natural Heritage Prog. Jdney Butler_ DCA-Rural Eco. Dev: dark Ziegler _ NC DOT: \94vid Harris Wildlife Resources: xga/na Dunn w/Reports _ State Property Office: Tirr Walton: DEED Moser _ annda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: 49rsmy Humphrey (Bio) /Shannon Jenkins (Pt) 'TKaron Gupton, Admin. DEMLR: ®rl. tine Hall - Stormwater Section _ �� Sams - Land Quality Section _ Public Water Supply: �y etdi Cox City of Wilmington:(�ne_ y� Enforcement: Field Rep: Vk �/Y, V�� X Co. LPO ✓ �W k I I yVUK ip1) Agent: o�— DISTRIBUTED: 0\\\\\U Updated 09/04120 CAMA/Shaun majors docs/e AgencY List Action ID Number: SAW-2020-01608 County: Brunswick County Permittee: Roger Pennington Project Name: II I SW 8th Street/Roger Pennington Boatlift Installation Date Verification Issued: November 4, 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. RECEIVED Signature of Permittee Date NOV.. 14 1010 MP SECTION DCM - MHD CITY r. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Digitally signed by CURREY•GREGORY•E CURREY.GREGORY.EUGENE.1051 UGENE.1051011950 011950 Corps Regulatory Official: Date: 2020.11.0410:02:34-05'00' Gregory Currey 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://corosmapu.usace.armv.miUcm apex/f9p=136:4:0. Copies furnished by email: Adam Greene (Sea Dog Marine Construction) RECEIVED Curt Weychert (NC DCM) Ben Brink (NC DCM) NO,V-_0.4 2020 Robb Mairs (NC DWR) MP SECTION DCM - MHD CITY GREENE JANIE IRVING 110 SW 9TH STREET OAK ISLAND, NC PIN: 205613139011 PROPERTY LINE, TYP. ' GREENE JANIE IRVING 110 SW 9TH STREET OAK ISLAND, NC PIN: 205613139011 ROGER & JOYCE PENNINGTON FAMILY TR 111 SW 8TH STREET OAK ISLAND, NC PIN: 205613220910 CANAL BANK \ 0 /\ 4 17S EDGE OF COASTAL cgNq< WETLANDS NLW DEPTH: 3.0' NLW DEPTH: 5.1' PROPOSED BOAT LIFT RIPARIAN LIMIT, TYP. \ \ EDGE OF COASTAL EDGE OF COASTAL \ � WETiAmmz WETLANDS \ GRAPHIC SCALE \\� 15' RI IAN OFFSET MIT, TYP ( IN FEET ) I inch = 30 ft. 0 EXISTING BULKHEAD EXISTING PIER FLOATER AND LIFT \ 97' i �o RIPARIAN LIMIT, TYP. PROPERTY LOCAITON MAP (PAGE 2 OF 3)j MR. ROGER PENNINGTON 111 SW 8TH STREET OAK ISLAND, NC 28465 8/21 /2020 `m jzco i JLI�Z N ZJ� Q CV -jO Co Lu w� �Co w� x o00 �Co U AUG L 12020 D041 ul"N e.ii1VCTC)N, ""c 910-876.0852 GRAPHIC SCALE 2.5 5 10 ( IN FEET ) 1 inch LIFT BEAM CRi r 5.IV - l� 20 SECTION A -A (PAGE 3 OF 3) MR. ROGER PENNINGTON 111 SW 8TH STREET OAK ISLAND, NC 28465 7/19/2020 EX. BULKHEAD _INE REQEIVE9 AUb" 10 2020 INILPINNGITOP,J, M% 910.8T6.08S2