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
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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—
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wluamtaims, faea, Oaommem or other
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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
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n'r-. I �^ ly �I= �Yp-•'� - �' .« '-'•i ..I ` �T EAST OAK ISALND DRIVE r.. _.I ( .'•
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-17{SW B�ANTH STREET -�' o • -,. _ A\1'li'd1�
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«....-_r j1 [,,;... _-.. ......__.--... .�-• ... rrnr [, ..r r.•e.. .._�VEST^BEACH•ORIVE... ..-T'-.h'r 4,.. ......... •t ....lr.• i-o •$tit �� (�I ..-r it'f. Nri,
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"«« :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
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Co Lu
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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