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HomeMy WebLinkAbout54-20 Powell, TimPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vern't for X Major Development in an Area of Environmental Concern pursuant to NCGS 1 I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 54-20 Issued to Tim Powell PO Box 1945 Shallotte, NC 28459 Authorizing development in Brunswick County at adi. to the AIWW and Shallotte Inlet, at 1790 Shallotte Inlet Dr. as requested in the pennittee's application dated 1/27/20 including attached workplan drawings (4),sheets C-101-104 dated 12/11/19. This permit, issued on May 5, 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 it tnese terms may oe suolect to tines, imprisonment or civil action; or may cause me permit to oe null anu votu. Docking Facility 1) This permit authorizes only the docks, piers, wave attenuators, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pernuttee Tim Powell ADDITIONAL CONDITIONS Permit No. 54-20 Page 2 of 3 3) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the Mean High Water Line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 4) 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. 5) This permit authorizes a maximum of 4 formalized boat slips. 6) 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. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and adjacent property owner to the east area of riparian access. 8) In accordance with commitments made by the permittee, the height of the permitted wave attenuator shall not exceed one foot above mean high water level and reflectors/solar lights shall be placed on elevated H-piles at the waterward ends of the wave attenuator walls. 9) No portion of the wave attenuator panels shall be positioned more than 2/3 the depth of the water at any point along its alignment. USACE / FEDERAL CONDITIONS 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http:/hvww.fws.[�ov/nc-es/mammal/manatee euidelines.pdf. GENERAL 11) 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. 12) 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. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Tim Powell ADDITIONAL CONDITIONS Permit No. 54-20 Page 3 of 3 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-00389). 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. 2020-0322. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $250 was received by DCM for this project. Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vrrmit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Permit Numb, 54-20 OJ Authorizing development in Brunswick County at A. to the AIW W and Shallotte Inlet at 1790 Shallotte Inlet Dr. , as requested in the permittee,s application dated 1/27/20 including attached workplan drawings (4), sheets C-101-104 dated I wi 1/19 This permit, issued a Mav 5.2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. DoeM Facility 1) This permit authorizes only the docks, piers, wave attenuators, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, Permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. of DEQ and the Chair This permit must be accessible on -site to Department )ersonnel when the project is inspected for compliance. Any maintenance work or project modification not covered iereunder 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee r . . Tim Powell ADDITJONAL CONDITIONS Permit No. 54-20 Page 2 of 3 3) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the Mean High Water Line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 4) 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. 5) This permit authorizes a maximum of 4 formalized boat slips. 6) 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. 7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and adjacent property owner to the east area of riparian access. 8) In accordance with commitments made by the permittee, the height of the permitted wave attenuator shall not exceed one foot above mean high water level and reflectors/solar lights shall be placed on elevated H-piles at the waterward ends of the wave attenuator walls. 9) No portion of the wave attenuator panels shall be positioned more than 2/3 the depth of the water at any point along its alignment. USACE / FEDERAL CONDITIONS 10) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.lws.gov/nc-es/mammal/manatee guidelines.odf. GENERAL 11) 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. 12) 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. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Tim Powell ADDL.TIONIAL CONDITIONS Permit No. 54-20 Page 3 of 3 NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2020-00389). 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. 2020-0322. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: 16--4cuamr— Permit #: 54,20 Permittee: !f(a POI,OPLl, DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET Washington Wilmington -r,4pj,4 7A0.+ 8Qe?JDAnJ (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD iz eg Curry (TBDr)V Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill-Earle3j4Wironmental.Review@ncdcr.gov Heidi Cox (WIRO) Baton , �- AN David Harris Shannon Jenkins"liaron Gupton Tim Walton / Mike Moser Sheri,/ Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: "obb Ma arteret, Onslow, Pender) Chad Cobu—m---7M7Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: VW Dunn (WA&W (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler COA)VIF JUAELM6, f RECEIVED DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: 77m Powell COUNTY: Brunswick PROJECT NAME:1790 Shallotte Intel Drive LOCATION OF PROJECT:1790 Shallotte Inlet Dr., Adj to AIWW, Shallotte DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-19-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Brock f, DISTRICT MANAGER REVIEW: Xe' B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 3-2-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 5-4-20 MAIL OUT DATE: 2-27-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A MAR 0 3 2M DCM-MHD CITY DISTRICT OFFICE: WILMINGTON FEE REC'D: $250#1835 END OF NOTICE DATE: 3-23-20 DEED REC'D: Yes I50 DAY DEADLINE: STATE DUE DATE: 3-23-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep - 20 DCM - LUP Consistency Determination Local Permit Officer Cotps of Engineers - Regulatory Branch ' I 'GQ 2DJ o - p0 3 P IJI)Af DWR-401 Section qq��' ' b/- D322_ L l 7�v DWR - Public Water Supply . G1j DEMLR - Stormwater -20 DEMLR - Sod and Erosion 1-5 _ W DOA - State Property Office 3 - Wildlife Resources Commission 3�zs' DMF - Shellfish Section - DMF - Habitat&Enhancement upw us /i-Pi 6690c( Cff Ikt DNCR - Archives & History DNCR- Natural Heritage Program 3 -Lo NCDOT NC Dept of Commerce 3-I6' %� NC Division of Coastal Management Major Permit Application Computer Sheet RECEIVED AEC: AIWW MAR 0 3 2020 Fee:$250 #1835 CDAITS_ MdtJ --"D CITY Applicant: Tim Powell Agent/Contractor: Land Management Group / Steve Morrison, Greg Finch (910) 452 - 0001 Project Site County: Brunswick Staff: Brendan Brock District: Wilinington Project Name: Private Docking Facility Rover File: r_ River Basin: Initial date of application submittal: 01-28-20 Date applica0on "received as complete' in the Field office: 2— 1 ZXC7 Permit Authodzation: CAMA Dredge & Fill Both SITE DESCRIPTIONIPERMIT INFORMATION ORW: Yes 2INo I PNA: Yes No Photos Taken: Yea No)K Setback Required (riparian): Yes No Critical Habitat: Yes LjN0 Not Sure 15 fool waiver obtained: Yes No Hazard Notification Returned: ❑Yes (XNo SAV: Yes No FNot Sure Shell Bottom; Yes No V9 Not Temporary Impacts: PlYes No Sure Sandbags: Yes o El Not Sure Did the land use cla sificatlon come Mitigation Required (optional): from county LUP: V9Yes []No []Yes EJNo Moratorium Conditions: Environ ntal Assessment Done: Length of Shoreline: []Yes ONo ❑NA ❑Yes KNo ❑NA St. IP FT. Shellfish Area Designation: Project Deslion: (code) Development Area: (code) pen or- Closed 4 001 -5 (g6Y w) SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HOW) Outstanding Resource Waters (ORW) 1�1IETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) U (SS) Glesswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamelcense) (SA) Salt marsh cordgrass (Spartlna El (SY) Salt reed grass (Spartlna alternifiora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) SO El (JR) Black needlerush (Juncua El (SP) Salttmeadow grass (Spartlna roemerianus) patens) APPLICATION FEE El No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 0 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major El IV Any development Involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ Ill(B) Public or commercial w/ D&F to 1 ❑ Exoress Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - El II. Public or commercial/no dredge $100 and/or fill - $400 W1 1 I. Private no dredge and/or fill - $250 C1 III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 rim Powell Date: 01-28-20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and unite 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 New Work Malnt [I❑ Replace Y [SN r ,�/, r `1 New Work Meint ❑ Replace ❑ Y N r 3 r �0 2 New Work Melnt ❑ Replace ❑ Y In N r a((/ n G Y New Work Malnt ❑ Replace ❑ Y ® N r )� 2, New Work Melnt❑ Replace ❑Y 93N r 2 Rol `1 'tr �t . W New Work Maint ❑ Replace ❑ Y w[ AN 2 Q (J New Work Replace Malnt ❑ ❑ Y ❑ N New Work Replace Meint ❑ Cl Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One Includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp Impact teemmv( IIm(acts im actaammount tam Im acts amount) �j L `� 0� Dredge [I Fill ❑ Both ❑ Other p v u -Y 1 ° Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ RECEIVED MAR 0 3 2020 919.733.2293 :: 1.8884RCOA8T r: revised: /1 06 Major Permit Fee Schedule Project Name: k_ `l \,/ \ U` i,1v'- County: (� /�J G(�Check No & Amount: NA ( �f �1 J Development Type Fee DCM % DWQ % (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: \ J III(A). Private, non-wmmercial i development, A General Water Quality 6tl� 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to walerqualily 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% ($190) of wetlands and/or open water areas: RECEIVED LIAR 0 3 2020 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct # Received Deposited Permit Holder Number amount Number/Comments 2/3/2020 Davey Resource Tim Powell United 1835 $250.00 major fee,1790 Shallotte Inlet Dr, BB rcL Group, Inc. Bank Shallotte Brco NO Split 8812 A A m DCM Coordinator: �,t a T County 017 i Permit tt: 1-?/P WIRO E-MAIL DISTRIBUTION SHEET Circle on :Bio Report Permit for: " f I m Oversize P `) DCM Offices: Morehead City: PT (if oversize) via Courier "cc Greg& mil w/ bio.narr.app.drawings, deed, comment sheet " ocuments (Gregg 8 Amand Wilmington: Original hard -co ONLY USACE & DWR (mro). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: i 8T & [YSr wNC0 . 6LrRgod_ (until territories are decided) ilmingtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet Div of Water Resources: obb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet _ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_ Marine Fisheries: VAgne Deaton (temporary) w/Reports _ DCM Planner/wiRO: Mike Christenbury Cultural Resources: V4 ee Gledhill -Earley Environmental. ReviewOncdenr.00v_ Natural Heritage Prog. Rodney Butler_ DCA-Rural Eco. Dow ,/Mark Ziegler _ NC DOT: vid Harris Vp Wildlife Resources: Dunn w/Reports State Property Office: T' Walton: DEED e Moser 7�nda Hilliard, Real Property Ager: (Bio Reports only) Shellfish Sanitation: �eremy Humphrey (Bio) JBiaron Gupton, Admin. _ DEMLR: 16hrstine Hall - Stormwater Section Sams - Land Quality Section Public Water Supply: V Aeidi Cox � City of Wilmington: athryn Thurst Enforcement: FieldRep: Co. LPO Agent: DISTRIBUTED: ! �/ RECEIVED LIAR 0 3 2020 DCM-MHD CITY Updated 116/20 CAMA/Shaun majors docs/e'Agency List Recommendations for State Permit- Powell Private Docking Facility The square footage of the proposed docking facility is calculated as follows: Shoreline length = — 58 ft. x 8 sq. ft. = 464 sq. ft. allowable. Proposed: Access Pier = 6' x 34' = 204 sq. ft. (Credit) Floating Dock = 6' x 63' = 378 sq. ft. (Credit) Floating Dock = 6' x 62' = 372 sq. ft. Fixed Pier = 3' x 30'= 90 sq. ft. Total (proposed) = 462 sq. ft. The proposed docking facility would provide docking space for a total of four (4) vessels. The project appears to be CONSISTENT with the use standards set forth in NCAC 07H .0208 (b)(6), including the 8-square foot rule, the 15' riparian setback, and the pier width rule. The proposed wave attenuators appear to be CONSISTENT with the Specific Use Standards set forth in NCAC 07H. 0208 (b). The entire project would be located entirely over open water. RECEIVED MAR 0 3 '10 DCM-MHD CITY ROY COOPER ^. f Govemor �� MICHAEL S. REGAN Seemiary BRAXTON DAVIS Direclan Division nfCoavol Management February 27, 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.wevchertna. N C DEN R.gov SUBJECT: CAMA Applicant: Tim Powell Project Location: 1790 Shallotte Inlet Drive, adjacent to the AIWW, in Shallotte, Brunswick County Proposed Project: Proposal to install a private docking facility with two (2) floating docks, four (4) slips and two (2) wave attenuators for vessel protection. 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 March 23, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 RECEIVED AGENCY DEMLR MAR 0 3 1020 SIGNATURE 6. d". MP SECTUN DCM - MHD CITY DATE March 3, 2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wihnington, NC 28405 919 796 7215 0 ROY COOPER Gnvemnr MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Dimsinn o(Coaslal Management February 27, 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(a)NCDENR. aov SUBJECT. CAMA Applicant: Tim Powell Project Location: 1790 Shallotte Inlet Drive, adjacent to the AIWW, in Shallotte, Brunswick County Proposed Project: Proposal to install a private docking facility with two (2) floating docks, four (4) slips and two (2) wave attenuators for vessel protection. 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 March 23, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: _XXX_ 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: Rodney A Butler AGENCY: NC Natural Heritage RECENED SIGNATURE Rodney A Butler 0 U 4 VM DATE 3I2/2020 pcm MHDC� State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 7% 7215 ��, _ �.: ,._.1 :i✓U J \1 ..�r41 Ii-^u _.. a ROY COOPER I Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Dimclar DivisionofCoaslal Environmental Onaliq• Management February 27, 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.wevchert(a)NCDENR.aov SUBJECT: CAMA Applicant: Tim Powell Project Location: 1790 Shallotte Inlet Drive, adjacent to the AIWW, in Shallotte, Brunswick County Proposed Project: Proposal to install a private docking facility with two (2) floating docks, four (4) slips and two (2) wave attenuators for vessel protection. 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 March 23, 2020.. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation SIGNATURE Qa�whw_ 9i�uhr�ir�au for Shannon Jenkins 47 DATE 03/06/2020 State ofNodh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED MAR 0 9 1010 MP SECTION DCM - MHD CITY « ROY COOPER �1 Gm,hwr. I =i MICHAEL S. REGAN 8nrrrnm BRAXTON DAVIS •• „ .11wrnFawxnl February 27, 2020 MEMORANDUM: RECEIVED FROM: Curt Waychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management MAR 16 zM 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) MP SECTION curtwevchert0NCDENR.00v DCM - MHD CITY SUBJECT: CAMA Applicant: Tim Powell 'Project Location: 1790 Shallotte Inlet Drive, adjacent to the A1WW, in Shallotte, Brunswick County Proposed Project: Proposal to install a private docking facility with two (2) floating docks, four (4) slips and two (2) wave attenuators for vessel protection. 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 March 23, 2620. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, In-depth comments with supporting data is requested. REPLY: -2L 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 M A" k Z e AGENCY Al C !u f %q t d) LV rA M R,('CZ SIGNATURE W A4,v � .24 DATE 3/rb12a State oMnh Carolina I Environmental Qmvity1 Coastal Management 127 Cardinal Drive Eat, Wilmington. NC 28405 919796 7215 f 1 ' y NORTH CAR01.MA i February 27, 2020 _ MEMORANDUM: FROM: SUBJECT: ROY COOPER ' rimvnu,r MICHAEL S, REGAN Sernwry BRAXTON DAVIS Ulredaq D mon a(Coanal x1anagune,i, 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(MNCDENR.cov CAMA Applicant: TIm Powell Project. Location: 1790 Shalloffe Inlet Drive, adjacent to the AIWW, in Shallotte, Brunswick County Proposed Project: Proposal to install a private docking facility with two (2) floating docks, four (4) slips and two (2) wave attenuators for vessel protection. 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 Ma ch 23, 20M If you have any questions regarding the proposed project, contact Brendan Brock at (910)'796-7270 when appropriate, in-depth comments with supporting data is requested. .REPLY: 6tbea�AreJEL 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. RINT NAM bJLLndcL YK III 4r" GA_J��� - RECEIVED MAR 19 2020 1�GNA R W&4,6ta, MP SECTION DCM - MHD CITY AT 3'A9� �p.LO State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 North Carolina Department of Administration State Property Office Roy Cooper, Governor March 19, 2020 TO: Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Machelle Sanders Secretary FROM: Wanda Hilliard W `1 Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Tim Powell RE: 1790 Shallotte Inlet Drive, adjacent to the AIWW, in Shallotte, Brunswick County Tim Walton Director Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. RECEIVED MAR 19 TM Mp SECTION DCM - MHD CITY State of North Carolina I State Property Office R6 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 TI Web: http://www.ncspo.com RO,Y COOPER MICHAEL S. REGAN. .. :ienaiam, BRAXTON DAVIS L)irerloc (hvin4nn�Crxrv.'d.. tl<omgvvnm( ` Februay 27, 2020 MEMORANDUM.•, `:'' • f c�`� I EOM;, 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) curtwevchertP-NCDENR.gov 1 SUBJECT; CAMA ^ Applicant: Tim Powell i Project Location: 1790 Shallotte inlet Drive, adjacent to the A/WW in Shaltotte,, Brunswick County Proposed Project: Proposal to in' stall a private docking tadW with two (2) floating docks, four (4) slips and two (2) wave veattenuators for vessel protection. Please indicate below your agency's position or viewpoint on the proposed project and !' netum thfs'form fa CurfWevchert at the address above by March, 23, 2020. If you have any, questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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'" ' I This agency has no comment on the proposed project. I _ This agency approves of the project only if the recommended changes u are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. i PRINTNANIE iVla1�� �•:il unn RECEIVED AGENCY? 1�1 G�11�-G MAR 2 $ M I" 11 MP SECTION SIGNATURE DCM MHD CITY DATE 3- State of North Camlioa I Envuoammtal Quality I Coastal Mamgmirnt 127 Cardival DdveExt., Wilraiegtoq NC 28405 9197967215 i 1 I U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00389 County: Brunswick County U.S.G.S. Quad: Shallotte GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Tim Powell PO Box 1945 Shallotte NC, 28459 RECEIVED APR 21 2020 MP Size (acres) Nearest Town Holden Beach DCM M DI CITY Nearest Waterway Intracoastal Raterwac River Basin Lower Pee Dee USGS RUC 03040208 Coordinates Latitude: 33.911849 Longitude:-78.379871 Location description: The proiectwill be located adjacent to the AIWW at 1790 Shallotte Inlet Drive, Shallotte, Brunswick County, North Carolina. Description of project area and activity: The proposal is to construct a new 4-slip private docking facility. This will include a 6 Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ®Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Reeional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/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 RGP-56 General and Special Conditions, the Special Condition above, your submitted application and attached drawings dated December 11, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I 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) 2514707 or GregoryE Currey(i usace.army.mil. RECEIVED CURREY.GREGORY.EU aa�Xw w�ww NMfY.4PH.OXY.N�fXF.10f,011950 Corps Regulatory Official: GENE.1051011950 dmmxiwn sra.a.'ar Date: April 20, 2020 Expiration Date of Verification: December 31, 2021 APR 2 1 2020 MP SECTION A. Determination of Jurisdiction: DCM - MHD CITY 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: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. lDI9ltally signed by CURREY.GREGORY.EUGENE./\CURREY.GREGORY.EUGENE.1051011950 Corps Regulatory Official: 1051011950 / -Date: 2020.04.21 11:23:29-04'00' 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://corpsmapu.usace.army.mil/em apex/f?p=136:4:0. Copies furnished by email: Steve Morison (Land Management Group) Brendan Brock (NC DCM) Curt Weychert (NC DCM) Robb Mairs (NC DWR) RECEIVED APR 21 20 MP SECTION DCM - MHD CITY Action ID Number: SAW-2020-00389 Permittee: Tim Powell County: Brunswick County Project Name: Tim Powell Dock 1790 Shallotte Inlet Drive Date Verification Issued: April 20, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED APR 21 1010 MP SECTION DCM - MHD CITY MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Tim Powell, Shallotte, Brunswick County Date: April 14, 2020 CONSISTENCY DETERMINATION: This project is consistent with the Shallotte CAMA Land Use Plan Update. The applicant proposes to install a private pier, two floating docks with four slips, and two wave attenuators for vessel protection. The project is located at 1790 Shallotte Inlet Drive near the Shallotte inlet near Shallotte, Brunswick County. Areas of Environmental Concern (AFC's) impacted by the proposal are PT and CW. Waters at the project site are classified as SA; HQW and are open to the harvest of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Shallotte CAMA Land Use Plan Update and offer the following comments. The general area of the project is classified as Residential. In general, Shallotte allows development in Residential classified areas and AECs, which is consistent with the State's minimum use standards. The Shallotte Land Use Plan contains some policies and discussion, which exceed the State's minimum use standards. However, none of these policies are applicable to this project. This project appears to be consistent with the Shallotte CAMA Land Use Plan Update. Cc: File RECEIVED APR 14.7020 MP SECTION DCM - MHD CITY DocuSign Envelope ID:C52107AF-7D7D-44A486DD-94DB6F4A2EEE Jr, ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Enrtranmeraw Qual ty April 21, 2020 DWR # 2020-0322 Brunswick County Tim Powell PO Box 1945 Shallotte, NC 28459 Subject: No Written Approval Required 1790 Shallotte Inlet Dr — Shallotte, NC 28470 Dear Mr. Powell: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on February 27, 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 htta://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: If sending via US Postal Service: If sending via delivery service (UPS, RECEIVED FedEx, etc.): APR 2 S 11110 MP SECTION DCM - MHD CITY D_ Q�� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Caroliru 28405 910 796.7215 DocuSign Envelope ID: C52107AF-7D7D-44A4-86DD-94D86F4A2EE5 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.mairso.ncdenr.gov if you have any questions or concerns. Sincerely, C��tdVt& 5_ -_" � 64 MABA/4A Mean-. Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Gregg Bodnar & Curt Weychert, DCM Morehead City Office, EC Liz Hair & Greg Currey, USACE Wilmington Regulatory Field Office, EC Steve Morrison & Greg Finch, Land Management Group, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED APR 2.9 2020 MP SECTION DCM - MHD CITY ROY COOPER,' r7;nerii.v MICHAE'L S. REGAM BRAXTON;DAV'I& 'NORTH'CAROLINA. f nrrlinr. 1 LnSrm �1!'uUaf Ciii'frAiirNliiKit. 1i41fit R lhunrvllmenr February 27,'2020; MEMORANDUM: FROM: Curt Weycheit Assistsnt Major Permits Coordinator NCDEQ - Division of Coastal Management 400 CommerddAvenue, Morehead City, :NC"28557 Fax* 262-247-3330 (Courle 11-12-09) curt:wevchert(MNCDEN R.goV SUBJECT' CAMA Applicant: Tim Powell Project Locatlow. 1790 Shallotte Inlet. Drive, adjacent to the AIWW,,in Shallotte Brunswick County Proposed Project: Proposalto4ristall a private docking facility with two (2) floating docks, four:(4) slips and-two,(Z) wave attenuators for vessel protection. Pleaseandicate below your agency's position or viewpoint on'the Proposed project and refum"'this form to'CrirtWevchert atthe address above by Mdf1C%! 23 2161 If you have any questicns.reg'arding4heproposed p(ojecti contact Brendan B(o&at (910) 796-7270 tienmappropnate, in-depth comments With supporting data is requested. iREPLY: = 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: i�01MA-NtlaiKl l�ol ,�ENC.Y,; 'oablle .Lio{ei �SuoiG iSIfIVi►7�lRt� '�pl� �i/�' Slate ofNoA Carolina, I Environmental Quality l Co al Management 127 Cardinal Drive EU., Witmington, NC 28405 919 796 7215 RECEIVED APR 2 3, 2020 MP SECTION DCM - MHD CITY t :t ROY COOPER Governor fl as MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division af(aastal Environmental Quality Management February 27, 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 (Courier11-12-09) curt.weychert(cD N C D EN R. gov SUBJECT: CAMA Applicant: Tim Powell Project Location: 1790 Shallotte Inlet Drive, adjacent to the AIWW, in Shallotte, Brunswick County Proposed Project: Proposal to install a private docking facility with two (2) floating docks, four (4) slips and two (2) wave attenuators for vessel protection. 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 March 23, 2020? If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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. RINT NAME James Harrison AGENCY NCDMF SIGNATURE DATE 04/24/2020 State ofNoah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive E#., Wilmington, NC 28405 919 796 7215 RECEIVED APR 2 4 20M MP SECTION DCM - MHD CITY J ROY COOPER Govemor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Curt Weychert, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: 1790 Shallotte Inlet Drive, Brunswick County DATE: April 24, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The proposed project is located at 1790 Shallotte Inlet Drive, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Shallotte, Brunswick County. The applicant is proposing to build a 6'by 34' access pier terminating at a gangway leading down to a 6' by 63' floating dock. A 3' by 30' fixed L-head would also extend from the end of the fixed pier and connect to a second gangway and a 6' by 62' floating dock. Two wave attenuators (2' by 90' and 2' by 83') would be placed to the east and west of the floating docks, starting at the normal low water (NLW) line and extend waterward perpendicular to the shore. The project description indicates that the bottom of the wave attenuator panels would be approximately 6' below the NLW line, and, as designed, would provide approximately one- third of the lower water column depth at high water to be obstruction -free, allowing water and sediment transport under the panels. However, page three of the provided project narrative (3. DCM MP-1 Section 6.0 Additional Information) indicates in section 3.1.2 that water depths within the slip area range from approximately -6' NLW to approximately -25' NLW. Therefore, the planned design could result in the bottom of the attenuator panels reaching the seafloor in shallower areas during lower tide periods, preventing the movement of water and sediment. This could also result in damage to the seafloor through the structure and/or vessels striking the substrate. Any additional questions or concerns should be directed to Jimmy Harrison at (252) 948- 3835 or at iames.harrisonOncdenr.go_v. Thank you for consideration of our comments. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 RECEIVED APR 2 4 2020 MP SECTION DCM - MHD CITY MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Tim Powell, Shallotte, Brunswick County Date: April 14, 2020 CONSISTENCY DETERMINATION: This project is consistent with the Shallotte CAMA Land Use Plan Update. The applicant proposes to install a private pier, two floating docks with four slips, and two wave attenuators for vessel protection. The project is located at 1790 Shallotte Inlet Drive near the Shallotte inlet near Shallotte, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are PT and CW. Waters at the project site are classified as SA; HQW and are open to the harvest of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Shallotte CAMA Land Use Plan Update and offer the following comments. The general area of the project is classified as Residential. In general, Shallotte allows development in Residential classified areas and AECs, which is consistent with the State's minimum use standards. The Shallotte Land Use Plan contains some policies and discussion, which exceed the State's minimum use standards. However, none of these policies are applicable to this project. This project appears to be consistent with the Shallotte CAMA Land Use Plan Update. Cc: File RECEIVED MAY 0 8 2020 MP SECTION DCM - MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Tim Powell PROJECT NAME: Powell Private Docking Facility 2. LOCATION OF PROJECT SITE: 1790 Shallotte Inlet Drive on the Shallotte Inlet in Shallotte, Brunswick County Coordinates: Latitude N 33°54'42.63" Longitude W 78°22'47.53" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—12-6-19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—1-28-2020 Application Complete — 2-19-2020 6. SITE DESCRIPTION: Office - Wilmington (A) Local Land Use Plan - Brunswick Co Land Classification From LUP — Residential (B) AEC(s) Involved: PT, CW (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Undeveloped Planned - Four (4) slip docking facility with two (2) wave attenuators (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FIT.T.F.T) C1TTIPP N /A N/A N/A (A) Uplands (B) Vegetated Wetlands N/A N/A N/A (C) Open Water N/A ft. N/A (46h2asq. o�r�atfed I3�6 (D) Total Area Disturbed: 808 sq. ft. (.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: Yes 8. PROJECT SUMMARY: The applicant proposes to install a private pier, two floating docks with four slips, and two wave attenuators for vessel protection. RECEIVED FEB 2 7 2020 DCM-MHD CITY Powell Private Docking Facility February 24, 2020 Page 2 9. PROJECT DESCRIPTION The proposed project is located on the mainland side of the AIW W in Shallotte, Brunswick County. The property can be reached by traveling US 17 South towards Shallotte. Turn left onto US 17 Business South/ Main St. Continue for 1.8 miles and turn left onto Village Rd SW. In 1.5 miles turn left onto Village Point Rd. Continue for .8 miles and turn right onto Bay Rd SW. Take the next left onto Pigott Rd SW and then turn right onto Shallotte Point Loop Rd. SW. From here travel .2 miles and turn right onto Atlantic Ave and then left onto Ocean Breeze Ave SW. In .2 miles turn right onto Earl Della Drive SW and continue until the road becomes Shallotte Inlet Drive SW. The applicant's property is on the left-hand side at 1790 Shallotte Inlet Drive SW. The property consists of an undeveloped lot located on A2 acres approximately 6' above normal high water (NHW) and is vegetated with typical coastal -plain shrub and grass species. The property has approximately 58' of shoreline frontage (57.6' of shoreline at MHW) along the southern edge of the property and is stabilized with existing riprap and oyster shells. No coastal wetlands were observed during the site visit. The width of the waterbody measures approximately 460' from shoreline to shoreline in the vicinity of the proposed pier. The waters of the AIW W are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to install a private pier, two floating docks with four slips, and two wave attenuators for vessel protection. The applicant proposes to build a 6' x 34' access pier (as measured from MHW) that would originate from an upland point and extend southeast into the AIW W, terminating at a gangway leading down to a 6' x 63' floating dock (Slips 3 & 4). A 3' x 30' fixed "L" head would also extend southwest from the end of the fixed pier and connect to a second gangway and 6' x 62' floating dock (Slips 1 & 2, Sheet C-102). The parallel floating docks would typically function as one (1) slip to provide a secure berth for a 65' motor yacht in an area east of the Shallotte Inlet that is exposed to swift tidal currents, boat wakes, and wind waves. When the yacht is at sea, the two floating docks would function as four (4) slips to accommodate smaller vessels. Two engineered wave attenuators would be placed to the east and west of the floating docks, starting at the normal low water line and extending waterward out to the '/4 width of the waterbody. The wave attenuators dimensions would be 2'x 90' and 2'x 83', respectively. The applicant proposes to extend the wave attenuators perpendicular to the shoreline to accommodate the entire length of the 65' yacht and reduce water velocity and wave action. The bottom of the panels would be approximately 6' below NLW (Sheet C-103) at the waterward end and be stepped up as the existing sediment grade rises toward the NLW mark. As designed, the wave attenuators would provide approximately one-third of the lower water column depth at high water to be obstruction -free to allow water flow under the panels. Piles would be driven every 6-8 feet along the length of the floating docks and prefabricated drop -in panels would slide into welded channel frames. The wave attenuators would not exceed I' above MHW and reflectors/solar lights would be placed on elevated H-piles at the waterward ends of the wave attenuators walls. Due to the strong current and water depths at the waterward end of the wave attenuators, a geotechnical report would be utilized for the design of the H-pile embedment depths. The applicant has received a waiver to build up to the western riparian line and has proposed to stay outside of the eastern riparian setback. The proposed structures would be approximately 14' from the ad'acent d mg facility to the west and I I P from the adjacent docking facilities to the east. Water depths in MW the FEB 2 7 2020 DCM-MHD CITY Powell Private Docking Facility February 24, 2020 Page 3 proposed docking facility range from -4' NLW near the landward end of the floating docks to -25' NLW near the waterward end of the floating docks. The applicant's design would extend to the'/4 width of the waterbody. 10. ANTICIPATED IMPACTS The proposed docking facility would result in the shading of approximately 462 square feet of Estuarine Waters and Public Trust Area. As proposed, the wave attenuators would incorporate approximately 346 square feet of Estuarine Waters and Public Trust Area. The wave attenuators would be constructed to leave the lower one- third of the water column unobstructed, allowing faunal movement and sediment transport. The proposed development would extend to the edge of the riparian corridor to the west and to the 15' riparian setback line to the east. The project would extend to the %4 width of the waterbody and remain outside of the federal channel setback. No coastal wetlands would be impacted under this proposal and turbidity associated with the piling installation would be kept to a minimum. Submitted by: Brendan Brock Date: February 24, 2020 Office: Wilmington RECEIVED FEB 2 7 2020 DCM-MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located on the Atlantic Intracoastal Waterway at 1790 Shallotte Inlet Drive in Shallotte, Brunswick County. Waters in the project area are classified as SA and are open to shellfish ing. There are no SAV or shellfish resources present. The area is not classified as a Primary Nursery Area. The property is currently undeveloped and zoned R-60 with existing adjacent residential structures. The project shoreline is approximately 1,000 feet east of Shallotte Inlet and is exposed to swift tidal currents, boat wakes and wind waves. 3.1.2 Proposed Action The applicant proposesto construct a fixed pier with an 'Usection, two ramps connecting to two parallel floating docks and two vertical sheet metal groins supported by pilings. The purpose of the project is to provide a secure berth for the owner's 65' motor yacht and for up to four smaller boats when the motor yacht is elsewhere. The vertical groins will help protect the yacht from the wind waves and boat wakes experienced in close proximity to Shallotte Inlet. The two floating docks will provide walkable access along both sides of the yacht for tie up access, loading and maintenance. The structures will extend to the edge of the riparian corridor to the west (with written approval) and to the 15' setback from the riparian line to the east. The outer end of the structures will be at the ''/< waterbody width limit which is landward of the 80' Corps of Engineers AIWW setback. Water depths within the slip area range from approximately -6' nlw to approximately -25' nlw. The piling -supported vertical sheet metal groins will not extend to the bottom substrate, preserving a large cross -sectional area open for faunal movement and sediment transport. Application for Major Development Permit — December 2019 1790 Shallotte Inlet Drive Shallotte, Brunswick County, North Carolina RECEIVED DCM WILMINGTON, NC RECEIVED FEB 2 7 2020 Z--�LMG�tG a DA&TY# company 1 /27/2020 Brendan Brock Division of Coastal Management 127 Cardinal Drive Extension Wilmington, N.C. 28405-3845 Re: CAMA Major Permit Application, 1790 Shallotte Inlet Drive, Tim Powell, Shallotte, Brunswick County Dear Brendan, On behalf of Tim Powell, 1 am submitting an application for a CAMA Major Permit to authorize his proposed project as described within the project narrative and depicted within the application drawings. Please contact me with any questions that you may have. Thank you for your assistance. Sincerely, Steve Morris',' Environmental Consultant Encl: Application materials, $250 fee check Cc: Tim Powell, Michael Norton 1ZEGEIV1-_I-) DCM Wll_MINGfON. NC; JAN 2 S 2020 t www.hngroup.net- Phone: 910.452.0001- Fax:910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 FEB 2 7 2020 DCM-MHD CITY 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) N/A 1790 Shallotle Inlet Drive Applicant 1: First Name MI Lest Name Tim rile Powell Applicant 2: First Name MI Last Name n/a If additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State Tim Powell 1945 Shalkatte NC ZIP Country Phone No. FAX No. 28459 USA 91D-200-7979 N/A Street Address (if different from above) City State ZIP NA Email Bandbcranese rvice.com 2. Agent/ContractorInformation Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Steve N/A Morrison Agent/ Contractor 2: First Name MI Last Name Greg N/A Finch Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 N/A Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910-452-0001 ext. N/A n/a ext. N/A FAX No. Contractor a 910-452-0050 N/A Street Address (if different horn above) City State ZIP N/A Email smonisondingroumnet, 9fInchOlmdrouD.nef Application for Major Development Permit — December 2019 1790 Shallotte Inlet Drive Shallotte, Brunswick County, North Carolina HEGEIVED DCM WILMINGTON, NC FEB 2 7 2020 DCM-MHD CITY 3. Project Location county (can be multiple) Street Address State Rd. a Brunswick 1790 Shallotte Inlet Drive WA Subdivision Name City State Zip N/A Shallotle NC 28470 Phone No. Lot No.(s) (dmany, attach additional page with list) N/A N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber AI W W c. Is the water body identified in (b) above, natural or manmade? d. Name the closest mayor water body to the proposed project site. ®Natural ❑Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? I. It applicable, list the planning jurisdiction or city limit the proposed ®Yes (I No work falls within. Brunswick County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 57.6' @ MHW .42 +/_ acres C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (it many lot sizes, please attach additional page with a list) 6 ®NHW or ❑NWL e. Vegetation on tract Shrubs, trees and grasses I. Man-made features and uses oow on tract Undeveloped. g. Identify and describe the existing land uses ad'acenl to the proposed project site. Residential homes and docking facilities. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R60 (Attach zoning compliance certificate, B applicable) ®Yes ❑No ❑NA j. Is the proposed activity pad of an urban waterfront redevelopment proposal? Dyes ®No k. Has a professional archaeological assessment been done for the tract? It yes, attach a copy. ❑Yes ®No []NA If yes, by whom? I. lathe proposed project located in a National Registered Historic Districtor does it involve a National ❑Yes ONO []NA Register listed or eligible property? DCM WILMINGTON, NC Application for Major Development hermit -December 2019 -I.A.Ilill 2 R 902R 1790 Shallotte Inlet Drive (RECEIVED Shallotte, Brunswick County, North Carolina FEB 2 7 2020 DCM-MHD CITY m. (1) Are there wetlands on the site? ❑Yes ®No (a) Are there coastal wetlands on the she? ❑Yes ®NO (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 8. AcNvifts, and Impacts a. Will the project be for commercial, pudic, or private use? ❑Commercial ❑PubliorGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The applicant proposes to construct a fixed pier with two floating docks and protective vertical groins. The purpose is to provide safe docking and access for the applicant's 65' boat and up to 4 smaller boats in its absence. 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. Typical dock construction methods and equipment will be used. Equipment will be stored on site, if needed. d. List all development activities you propose. Construction of a fixed pier with two floating docks and two vertical groins. No upland development is proposed. e. Are the proposed activities maintenance of an existing project, new work, or both? Now f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres 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? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the some salinity as the receiving water? ❑Yes ONO ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA H yes, attach a mitigation proposal. Application for Major Development Permit — December 2019 1790 Shallotte Inlet Drive Shallotte, Brunswick County, North Carolina RECEIVED DCM WILMINGTON, NC JAN 2 S 2020 RECEIVED FEB 2 7 2020 6. Additional Information In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted in order for the application package to be complete. Items (a) — M are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the ate. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. a. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return recelpts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Gary and Martha Pope Phone No. NIA Address 1782 Shallotte Inlet Drive, Shallotte, N.C. 28470 Name James Jackson Phone No. N/A Address 3004 Stony Court, Fayetteville, N.C. 28306 Name Phone No. Address g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A h. Signed consultant or agent authorization form, t applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projecls in oceanfront and inlet areas. (Must be signed by pmperty owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Emrironmentat Policy Act. 17. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 1/27/2020 Print Name: Steve Morrison, Agent. Land Management Grouo Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information Application for Major Development Permit— December 2019 1790 Shallotte inlet Drive Shallotte, Brunswick County, North Carolina FIE CF_IVED DCM WILMINGTON, NC JAN 2 8 2020 RECEIVED 4 FEB 2 7 2020 DCM-MHD CITY 2, Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/manna: ❑Commercial ❑PublicJGovernment ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number 1 fixed pier. 1 fixed L pier (iii) Length 34' from mhw: 30' (iv) Width 6' . 3' (v) Floating ❑Yes ONO e. (i) Are Platforms included? ❑Yes ®No If yes: (ii) Number N/A (iii) Length IN)Width (v) Floating ❑Yes ❑No N/A Note.' Roofed areas are calculated tmm dnpline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing None i. Check the proposed type of siting, ❑ Land cut and access channel ❑Open water; dredging for basin andlor channel 00pen water; no dredging required ❑Other, please describe: k. Typical twat length: 16'-65' m. (I) Will the facility have tie pilings? ❑Yes ®No (it) If yes number of tie pilings? Application for Major Development Permit — December 2019 1790 Shallotte Inlet Drive Shallotte, Brunswick County, North Carolina ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes ONO If yes: iii) Number 2 floalina docks (iii) Length 62' : 63' (iv) Width (v) Floating ®Yes ❑No 1. (i) Are Boatlifts included? ❑Yea ONO If yes: (ii) Number N/A (iii) Length (iv) Width h. Check all the types of services to be provided, ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies 0 Dockage ('wet slips") only, number of slips: 4 ❑ Dry storage, number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe. j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Motor yacht, mixed types I. (i) Will the facility be open to the general public? ❑Yes ®No RECEIVED DCM WILMINGTON, NC JAN 2 S 2020 RECEIVED 5 FEB 2 7 2020 DCM-MHD CITY I I DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable I a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boothokting tank pumpout Give type and location: It. Describe treatment type and disposal location for all sanitary wastewater C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. ill Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? in Is the mannaldocking facility proposed within a primary or secondary nursery area? ❑Yes ONO n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the marina/docking facility proposed within m adjacent to coastal wetlandslmarsh (CWl submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (Wl If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any sheldsh leases? ❑Yes [:]NO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®This section not annlicabla a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovemment ❑PrivatelCommunhy Applkation for Major Development Permit — December 2019 1790 Shallotte Inlet Drive Shollotte, Brunswick County, North Carolina DCM WILMINGTON, NC RECEIVED FEB 2 7 2020 I)C;M-MHD CITY (u) Number (iii) Length (iv)Width Note: Roofed areas are calculated Irom dripline dimensions A GROIN fill wood, sheetplle, etc, 11 a rock groin, twe MP-Z Excavation and Fill.) ❑This section not applicable a. (i) Number 2 (ii) Length 90�_83' (w) Width 2_`2 5. BREAKWATER (e.g., wood, sheetplle, etc.) ®This section not applicable a. Lengm _ _ c. Maximum distance beyond NHW. NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the struciure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing Application for Major Development Permit - December 2019 1790 Shallotte Inlet Drive Shallotte, Brunswick County, North Carolina b Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED 7 FEB 2 7 2020 DCM-MHD CITY 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structuni to adjacent docking facilities. 0' on west side, 15' on east side 14' on west side, 111' on east side We: For buoy or mooring piling, use arc of awing including length of vessel C. Width of water body 4W e. (i) Will navigational aids he required as a result of the project? []Yes ®No []NA (II) If yes, explain what type and how they will be implemented. NA d. Water depth at walerward end of structure at NLW or NWL •25' NLW 8. OTHER 0This section not applkable a. Give complete description. 1/27/2020 Dan: 1790 Shallotte Inlet Drive Pmicct Namc Tim Powell Applium Name Agent, Land Management Group Applicant Sipratum Application for Major Development Permit — December 2029 1790 Shallotte Inlet Drive Shallotte, Brunswick County, North Carolina RECEIVED DCM WILMINGTON, NC RECEIVED 8 FEB 2 7 2020 DGM-MHD CITY ROY COOPER G.wmw MICHAEL S. REGAN 'k-1 ry BRAXTON DAVIS Direemq Uiviriml gf('oarla7Mmlagemem February 27, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • Tim Powell Hello Angie: Please publish the attached Notice in the Monday, March 2, 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. Support & Customer Assistance cc: MHC—Curt Weychert WIRO File USACE RECEIVED FEB 2 7 2020 State ofNanh Cmaline I rnvimmental Qulily I Coaxal Management 127 Cardinal nme ErL, Wilmingmn, NC 28403 9197967215 DCM-MHD CITY NOTICE, OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On February 19, 2010, Tim Powell proposed to install a private dockingfacility with a total of two (2) floating docks, four (4) slips and two (2) wave attenuators at 1790 Shallotte Inlet Dr., adjacent to the AIWW, in Shallotte, Brunswick County. A copy of the application can be examined or copied at the office of Brendan Brock, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7270) 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 March 23, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED FEB 2 7 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor EntNonmental Q"fity MICHAEL S. REGAN sc—tary BRAXTON C. DAVIS February 24, 2020 Director SENT VIA EMAIL Land Management Group c/o Steve Morrison & Greg Finch 3805 Wrightsville Ave, Suite 15 Wilmington, NC 28403 RE:CAMA Major Development Permit Application Powell Private Docking Facility Dear Mr. Morrison/ Mr. Finch: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for State approval for the construction of a four (4) slip docking facility and two (2) wave attenuators at 1790 Shallotte Inlet Drive, Shallotte, Brunswick County, INC. It was received complete on February 1916, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is May 4a, 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 February 190, 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-1 19(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 Ire 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. IY, n/ Ln Field Representative cc: Curt Weychert, MHC Connie Marlow, LPO W IRO DCM USACOE Robb Mairs, DWR Tim Powcll, Applicant RECEIVED North Carollm Depanm ntof Envlrmmental Quallty I Division of Coastal Management FEB 2 7 2020 Wllmington Office 1127 Cardinal Drive Extension I Wllmington, North Carolina 28405 910,796.7215 DCM-MHD CITY NOTI(O"$147A CAMA PERMIT APPLIED FOR PROJECT: miotte iniet ur., aeilace , snaiiotte, Brunswick County. COMMENTS ACCEPTED THROUGH Kfarch 2312020 I APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: .11 Tim Powell n PO Box 1945 Ulv. of Coastal ManageMent— M Shallotte, E j—f94 -1 209 7574 ar Ena Agent: Stevc f�:crrison (910) 452-0001 Land M2nagement Group AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: TM Mailing Address: Phone Number: Email Address: I Certify that I have authorized ?io Aoo 7979 to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development:1�MG'X`% — ✓re7)94L c po�rvS at my property located at In fve[tW/CK County. I furthermore certify that I am authorized to grant, and do In fact grant permission to Divcal Permit officer and their onrthe aforementioned remaenttioned lands in connectionstal Management stafir the with agents with evaluating g information related to this permit application, Property Owner Irtforrnatfon: �r Ki Tide vt t�—t 2o�`1 Date This certification is valid through /&22- DCK4 WII—WNGTCN, NC .IAN 2 S 2020 RECEIVED FEB 2 7 2020 DCM-MHD CITY ARDURRA COLLABORATE. INNOVATE CREATE. January 27, 2020 NC Division of Coastal Management - CAMA 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Structural/Marine Design Intent for Breakwater Wall Design - CAMA Major Permit Application Powell Residence - Shallotte, NC To Whom It May Concern: Ardurra Group North Carolina ("Ardurra") offers this design intent letter for providing structural/marine engineering design for the proposed groin/breakwater walls as shown on the CAMA permit drawings at the Powell Residence,1790 Shallotte Inlet Drive, Shallotte, NC on the AIWW. The proposed groin/breakwater walls would consist of the installation of HP -king piles at a 6' to 8' spacing and the installation of a prefabricated drop -in panels (similar to a soldier pile wall) within the flanges of the king piles, which would consist of a welded channel frame with solid, welded steel sheet pile infills. The panels will be designed for the maximum storm wave action, based on the fetch, and for any potential future dredging along with normal tidal velocity (current) flow and boat wakes. The top of the infill panels would not be more than one foot above the normal highwater level (MHW). The bottom of the panels would be approximately 6' below the MLW (low tide) line and stepped up as the existing sediment (mudline) grade rises toward the shoreline to provide approximately one-third of the lower water column depth at high water to be obstruction free to allow water flow under the groin/breakwater panels. Reflectors and/or solar lights will be placed on elevated H-piles at the woterward ends of the breakwater walls. A geotechnicol report will be utilized for the design of the H-pile embedment depths. Respectfully submitted, urra Group North Carolina e R r t n PE ' T co i Structural Project Manager/Engineer irm License #F-01 13 J RT/jrt/2020-5061-00 RECEIVED DCM WILMINGTON, NC JAN 2 8 2020 RECEIVED 3809 Peachtree Avenue, Suite 102 1 Wilmington, NC 28403 1 910.397.2929 1 vi ordurra.+B 2 7 20ZO O(,M-Mll CITY 4LMG 1YG ., t71NEA iuplrJns 1 /27/2020 Gary and Martha Pope 1782 Shallotte Inlet Drive Shallotte, N.C. 28470 Re: Adjacent riparian landowner notification for Tim Powell Dear Mr. and Ms. Pope, On behalf of Tim Powell, I am notifying you of his CAMA Major Permit application for the construction of a pier, floating docks and vertical groins at 1790 Shallotte Inlet Drive. As adjacent riparian landowner, you will have 30 days in which to submit any written comments to the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, N.C. 29405-3845. Please see the enclosed application materials concerning the project. Thank you. Sincerely, Steve Morrison Environmental Consultant Encl: Application materials Cc: Tim Powell, Michael Norton RECEIVED DCM WILMINGTON, NC ,JAN 2 8 2020 2 www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 FEB 2 7 2020 oCM-MHD CITY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach thla card to the back of the mallplece, or on the front If apace permits. 1.M{ k2e Addro�a�ee�dQW�,� Mt �.'. ilu'rR (tic i1g2 Wbwu r VW i� w S►rnmwfjc. &t7o 9590 9402 5186 9122 7307 50 _ 1018 3090 0001 9313 0029 to PS Form 3811, July 2016 PSN 7630-02.000-W53 X I(' it it P /�� / .7 fl Agent 13 Addream 0 FIGOOnd by c .INay --`- D. Is debmy address diff I from Item 17 0 Y" If YES. enter delivery dddreun below: 0 No 0M,°°°' ROdMWm t mtftdDA%wy E3rM.n..aiW Per4Med t7eNy 0 Mr 14spfr MNrYlluelrblwl ONlwry 0fe•n CO*Mellen'a ❑&0IWacmAmedon fien,Iot<d VMN" ROWWopsIM D m",t nolum rmceirt Postal CERTIFIED MAIL�' RECEIPT ti e. 0 E3 m L F' .__. FiTi' ` Ir &I 7Ar .sTr ra ❑sr.nesrbl.WMt1 • E3 pa.e.. a.dwa.wwe •O Pcrssi o Oc«m.dtr.o n.a.reoreeu. • N" C3 O epaa.°wweer •ift:f TM IrIr ►a,ua: f2.0p 01/29/2020 .eia..e. 40 m 0 3Y�^a 'Pt................ ................ .............• C` I ii"Mtl4 1 dllcn.� ..r Ill:rG RECEIVED FEB 2 7 2020 i,;-M-MHD CITY 4LMG i C M16 # C4)mpanv January 28th,2020 James Jackson 3004 Stony Court Fayetteville, NC 28306 To Whom It May Concern: On behalf of Tim Powell, I am notifying you of his CAMA Major Permit application for the construction of a pier, floating docks, and vertical groins at 1790 Shallotte Inlet Drive. As adjacent riparian landowner, you will have 30 days in which to submit any written comments to the Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405. Please see the enclosed application materials concerning the project. Regards, Elizabeth Freedland, Environmental Scientist Land Management Group Encl: Application materials Cc: Tim Powell, Michael Norton DCi\I WILIVii\IGTON, NC JAN 2 8 2020 www.lmgroup.net • infoC,lmgroup.net • Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED FEB 2 7 2020 DCM-MHD CITY F Service' D MAIL`'' RECEIPT al ation, viMMMMIMur a 11�lriAt k7i . m AZALEA m it 3916 OLEANDER DR WILMINGTON, Me 28403-6758 A 368644-0406 0 (800)275-8777 0 01/28/2020 02:57 PM .......................................... o ........cc...a....... .......m.., tr t Product Oty Unit Price m m First -Class Malltl.. A --- $2:00... 62.00 r- Large EnveIupe' (Omrc+stic) NC 28306) ..'(FAYETTEYILLE. (Neight:0 Lb 5.80 Oz) i (Estimated Delivery Date) (Thursday 01/30/2020) Certified (U5PS Certified Mall 8) (70TB309(00019313OD36)-.-.— IMr. rrn`Rwrwint __ $2.85 Total. 0.40 Credit Card Remiui $8.40 (Card Name:VISA) (Accctmt N:XKkkf1%kX1(N08529) (Approval N:056645) (Transautlw N:(168) (AID:A0000000(3101D Chip) (AL:VISA rd(EOIT) (PIN:Not Required) Taut Your lracklr"g "Luber 10 28777 (216Ps) to get the latest status. ta"xlard Messaile atyi Data rates may usils Tracking urn so isil -2r'In call In a hurry? Self-service kiosks offer quick and Ass Associate casy le show youuhh w. Retell Preview your Mail Track your Packages Sign up for FREE 11 www.lnformeddsiiverv,com All sales flnal on stamps and postage. Refunds for guaranteed services only. Thank you for your business. HELP Us SERVE You BETTER TELLPLISTAL EXPERIENCE CENT LIS ABOUT RRE Go to: https://posta)ezperience.com/POs 840-5280-0178-001-00037-74612-02 or scan this code with your mobile device: RM.191, DCM WILMINGTON, NC RECEIVED FEB 2 7 2020 DCM-MHD CITY I hereby certify that I own property adjacent to (Name,Qqf Property Owner) property located at �_(� a �� a{. E Tn P� Ill v .P (Address, Lot, Block, Road, etc.] on 7„ ��n rb %4 t .r , n . �i,�s- I/o-li-e / l`C N.C. (Waterbody (CltylTown and/or County) The applicant has described to me, as shown below, the development proposed at the above locption. 76s+17`f` I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) See 446-cl. ea C)rGw ; 3 WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 16 setback requirement. U (Property Owner Information) 'Valid for one calendar year after signature* (Adjacent Property Owner Information) n 7 vsi `p�ry�(u cc Cq Print or Type Name ^! z Mai ing Addrefs� is �Ny 11"C5r Qty/SfateMp /I/, (- I Telephone Number/email address Q%/D r1 -(I Pt t;.4''Sc �6 L 4r5 oil`/ 9 IF Date' —� (Revised Aug. 2014) RECEIVED FEB 2 7 2020 DCM-MHD CITY ROY COOPER coved., MICHAEL S. REGAN Secretary BRAXTON DAVIS Direcmq Divnrmn ojC v.1 Managemenr February 27, 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(cDNCDEN R.aov SUBJECT: CAMA Applicant: Tim Powell Project Location: 1790 Shallotte Inlet Drive, adjacent to the AIWW, in Shallotte, Brunswick County Proposed Project: Proposal to install a private docking facility with two (2) floating docks, four (4) slips and two (2) wave attenuators for vessel protection. 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 March 23, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT AGENCY SIGNATURE DATE RECEIVED FEB 2 7 2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 9197%7215 OCM-MHD CITY RECEIVED FEB 2 7 2020 This ttrthia loan there are on deanquere M v0102m taxes, fees, Assessment, a other, n'I 64214 P1234 c,-a9-te'P Anna whirr are Bmr3wick County Tu I'01�t' IIIII'III,III�IIIlU IIIIIIIn'll m>1 eooe P09° L4 �gf,I�fl�8l Bm8 ieaor:f6CnitgM with cone" Innon:Pa Number tlAli ' H11' Y I oreMa n. Cle�ms 111Il erwuict CeuntY, N<ae9leler (Deeds p+9e 1 ! 3 by kCouoy nny aDe Br<Me n. Clemaou Reeieler of Deets ar�a`su(aaanssa)Y• NC MansAn ASussofe ORFe. This is Mte ttniflratian MicaBMSWi raoa W REv2 SaaC:tyae0. An thin the parcel camber matolus dr dxA JUL 0 3 Dana (AwO TAX GOL/pal TY Spea Almon f,< { Hh•rl:.f :vlPx��,I(t.a�. .�rolr lats �sS Ck YL CaI,_ A<b_ Cash S__Mw a_ p Fonbm el doerb,arR n MCP>He due b condltlm of wilino. a 0"nownt corn"anew xan"a or n"na hutmmenl met cumin k naod,ceo w cooied. Excise Tax S 650" R rd' Time,Book And P. """A uagY n. a ae Pwe iy ae tl-ft Oraw Y iebarn Tea Co'kew,.erns di,aan,nemef dMq Proceed• Tax Lot NoRmperty No.: P.d ld<mifer No. 141AA006 d W0rirYd"lllnzofGmmA,1 Mail after recording b Throthv B. Powell and wife. Mnae G Powell P.O, Box 1945 Shall n \ C 23459 This inamman was prepued by WriehtN k P Flo3r, A a1vos. MAX.. ARareen ar Uw NORTH CAROLINA GENERAL WARRANTY DEED THISDEEDmad<this 3rd dry of July 2019, by and between GRANTOR GRANTEE ROBERT J. EGLESTON and w1k AMY TIMOTHY B. POWELL and wife, MILLER EGLESTON and DUBOSE MEGAN G. POWELL; of the County EGLESTON, JR, unmarried oflirunswick, State of North Carolina P.O. Box 1945 Shallette 2 459 The designator, GMbf And Gnome As uieci herein shall Include said p rlia. their heirs, 9ULe<SSOry, and assign, And dull Include singular, plural, m .Ijra, feminiao, near, As ra,airen by cannon WITNESSETH, that the Gramor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant bargain, sell and convey unto the Grantee in fee simple, all that certain Id a parcel of land situated in, _Ehallotte Townc hip, Brunswick County, North Carolina and more particularly described As follows: To locate the beginning polny begin At the SM111COM corner of Lot No. I as appears on a map made by Harold Willis, R", in March 1966, and recorded in Map Book 6, Page 168, Office of the Register of Deals of Brunswick County; runs thence South 12 degrees 0 minutes East 995 fat to an iron pipe near the northern edge of the farm - Coastal Waterway; then" south 22 degree, 0 minutes east about 50 feet to the low water mark of the Intracoastal Waterway; runs thence in a westwardly direction with the low water mark of the Intracoastal Waterway 503 fat to a point, same being the beginning point, rum thence North 17 % degrees West 50 feet to an iron pipe in the northern edge of the Intracoastal Waterway; runs thence North 17 degrees West 340 feet to an Iran pipe in the southern edge of a 30 ft. street; run thence South 52 degrees West with the Southern edge of 30 ft. street 60 feet to an iron pipe; thence South 17''/a degrees East 338 fat to an iron pipe in the north edge of the Intra-CoaaW Waterway; runs thence South 17 Vs degrees East 50 feat to a low water n mark of Inlra-Coastal waterway; thence in an easterly direction with the low, water a mark of Intracoastal Waterway 60 feet more or has to the point of beginning, the zf n1 same being Lot No. 3 according to a survey made by H.R. Hewest, ]ILLS., June 21, n 1969, and the same being a part of the E2r-De6 Beach Development. pe f,ZO m NOT/TLEE M/NATION NwS BEEN MADE ONLES9 C£RTIF/GT/ONSTAT/NG OTHERWISE cm The xfl<Ns/jurrAv rhrWiwwrcleRgacorr<arly lbr<dro rAe Lae 9Pg. P/rso,,.FAA n ad Ma/t0, fl✓ rrn o1WdgAmr, LL.CZv nPage I or DCM-MHD CITY RECEIVED FEB 2 7 NZO ,)CM-MHD CITY IIIIIIIIIIIII�IIIIIIIII�I�IIIHIII 84214 g1M. '': arurw,iek o,nty, N a9aaler of neeas pane 2 of 1 SUBJECT TO the covenants, restrictions, and conditions set out in detail in a public declaration of covenants, restrictions, and conditions, dated July 29, 1969, and duly recorded in Deed Book 230, Page 941, in the Office of the Register of Deeds of Brunswick County, North Carolina, to which reference is hereby made and incorporated in this deed as fully sa if the same were fully set forth herein. For chain of title see Deed recorded November 19, 2018 at 11:54 am in Deed Book 4126, Page 932, Brunswick County Registry, in favor of Robert J. Egelston and DuBose Eglaiton, Jr. as Joint Tenants with Rights of Survivorship. For further chain of title see Deed Book 3915, Page 936, Brunswick County Registry, Deed Book 3465, Page 1361, Brunswick County Registry, and Deed Book 245, Page 11, Brunswick County Registry. The Brunswick County Revenue Department identifies the above -described lot as parcel 245AA006. The above -described lead does not contain the primary dwelling of Grantors. The property hcreisabove ducsibed.as equimd by Grumr by insnumml tecordd in Deed Book 4126 Paee 932, BCR A map showing the abovedeuribed propery is rauded in Plat Book page TO HAVE AND TO HOLD ma aforesaid let a peal of land end all privileges and appurtenances thereto belonging to the Grant. in fee simple. And she Grantoe coveaou with the Granme, that Grantor is seized of the premises in fee simple, W the right to convey the same in fee simple, the title is marketable and free and clear of all encumbrances, erd the Grantor will warrant anal defend she title against the lawful claims of all persons whomsoever except for the exceptions hcreiraRer stated. Title to the property heminabow described is subject to the following exceptions: I. Subject W property tax as asserted by the Brion wiek County Revenue Department. L Valid and eaforeabk «strkfioas, rot, enaats, and easements as may appear in the chaia of title. 3. Subject to the restrictions as referenced herein above found in Deed Book 230, page 841, Brunswick County Registry. IN WITNESS WHEREOF, the Orionis has hereunto set his hand and and, or if corporate, has roused this insuwnent to be signed in in corporate ounce by in duly authorized of cis and Its sal to be laseunto affixed by authority ofits Board o(Dirrctom the day and year first above written. 0 kURc�-� (SEAL) vvxsaaOls�lt. tysfffr6r RRTJ. EG lEkST .1�,e�xMM kn�PL� V..--.-k4X-L�-3 �4.Y�—icu` (SPu) d sP�pTMj�- i t.A;1 MILLER EG TON z- zp� AfjB�k�yl� NOR171 CQROUN Cotto ny. 'eaalnlaa r........'%n ✓..Ir. _.v _-.e..0 n_.__ r e"wart panic of one Miller Edern, GpMDr, pmomlly appeamd before me Nis day and ackn naledgel the troammee ofthe for ing memories. witness my hand and official col a stamp, this des=dry ofjuly. 1019. 1SEAL) rat z M � � My Commivion FxDires: �.ti � [ �.� j f� on Zm o�< Z ITI 0 n fqe 2 a/3 RECEIVED F= Fill `m FEB 2 7 2020m 2 m [)CM-MHD Cl cm Z H IW1INIIIIIIIIIII IIIIIIIIIII s4n4 P1236 09 00:9a B.OW Brmde 11. RRCP Bn�lcR fantY, K Re9es<a1 of 0<eds P-ge Ra9� 3 of 3 L xw, Tom+ ./'_. (SEAL) DUBOSE EGEMON,Alt,unmarried SEAL -STAMP Y'/4rni4, ._�U.Sf0. County. I, JiiiA0.. Qd fit fr�k+�J I7Gt alloury Pu licofthe County aM Stvaafomaid. certify dut bBae Eekstoa. Jr_mwrrkd Gnnlor, personally appemM befom me Nis dry end acknowledged the execmion nfB foregoing insVuewot. Witness my hand and official seal or smp,N/s�Ne 5��pp"yoflury,3919. I/A.,:n �F. —M*-1 bm (SEAL) MY Commission Expim: n I - I � 70 2 1 mina Nova Ydtkuen common-esM�dfsNVm vouy AC9e cmmisabn fb.TPM99! wry CRmM saM B91aa tpld@I pw 3 ors PARCEL #: OWNER: \ PROPOSEC APPROXIMATE LOCATION OF EXISTING DOCK NOT SURVEYED X5.2 245AA007 JAMES S. JACKSON III 3004 STONY CT. FAYETTEVILLE, NC 28306 x4.s 4r qF\2 K4 \ 00 I 13 APPROXIMATE TOP OF BANK EXISTING RIP RAP PROPOSED GROIN/BREAKWATER (83')l PROPOSED SHADED AREA OF FIXED PIER AND FLOATING DOCK = 462 SF OPOSED 6' x 62' I II \ I PARCEL #: 245AA005 r.5OWNER: MARTHA & GARY POPE x2'S 1782 SHALLOTTE INLET DR. 41 V SHALLOTTE, NC 28470 2.e lu�w MEAN HIGH WATER LINE e BASED ON NOAA TIDAL z A MHW BENCHMARKS (2.0' ELEVATION) \�-3" WD C--- V5'-5 -LOATING DOCK 9'-7" WD --�' 14'-5" 14'-9" WD vZ 115' 1/4 WATER BODY W TH DOCK 14'-6" WD \ BOUNDARY LINE OF L 3, BLOCK 1 PER MAP CABIN G, PAGE 1 DATE PROJECT# 1 Fir 712 VOWOe RoW SW DEC. 11. 2019 19070% Suit im OFFICE MANAGER DESIGNER cg'' I SNbMq NC 2900 M. NORTON T. MINTZ 910T6559T2 NC FM Ll 9 C-0 59 PROJECT MANAGER REVIEWER nxg�.mm M. NORTON M. NORTON 20'-5" WD 22'-4" WD DOCK AND PIER PLANS FOR TIM POWELL Lr_ BRUNSWICK COUNTY, NORTH CAROLINA WATER LEVEL LOCATION j� APPROXIMATE LOW TIDE (7-25-19 ® 7:57AM) PROPOSED 5' x 20' RAMI 6'-3" WD 12'-3" WD LE VIEW" ION A —A 16'-3" WD 24'-8" Wy 25'-8" WD A 12'-3" WD N \ +DOCK x 63' FLOATING DOCK GROIN/BREAKWATER iCK +DOCK 23'-8" WD +D�K oL OF 3 P� �P v �Ec�►v�� TAM LEGEND IVED LOW TIDE WATER DEPTHS TAKEN 12'-3" WD 9 2020 10/5/19 ® 8:20 AM BY OWNER LOW TIDE WATER DEPTHS TAKEN o QGM WILMINQTQN, NO 11/22/19 ® 10:26 AM BY OWNER G— 22 —4" WD ECENE SHEET 20 0 10 20 40 DOCK LAYOUT INSET GRAPHIC SCALE DIVISION VALUE = 20 FEET Fa 9 7 20,5 C-102 (MEAN HIGH WATERI *WATER DEPTH DEPICTIONS BASED ON LOW TIDE MEASUREMENTS BY OWNER ON NOVEMBER 22, 2019 AT 10:26 A.M. TWO LINES OF APPROXIMATE LOW TIDE PROPOSED 5' x 20' RAM --- PROPOSE ANEL D GROIN/BREAKWATER COATED STEEL HP PI + 40 0+80 DOCK PROFILE VIEW A -A NOTE: PILING SPACING/DEPTH P SCALE: 1"=20' STRUCTURAL ENGINEER/CONT EIVED �� MINGTON, NC JAN 2 8 2020 `�Q� Q PILES REFLECTORS — AND POSSIBLE — ---SOLAR WARNING P 1' MAX. LIGHT - --- D 6' x 63' FLOATING DOCK ----- APPROX. MHW 25 20 15 10 5 APPROX. LOW TIDE 0 - 5 -1 0 -15 -20 - APPROXIMATE EXISTING SEDIMENT GRADE - y- — - +� — a � :illlllllllllll!!!°! Ilili 1O1!!![IIM! • �-�• I. '-�•• � I •• ]lzuna9e Rona sw Suite 103 910.]55.55]z m cg1l� ,107 5.587 I8170 NC Fi,m UI0 C-N59 mc,Ilii. ,aI, m DATE ATE 1L 2019 PROIECTa 19 PROJECT DOCK AND PIER PLANS FOR TIM POWELL 20 0 10 20 40 �{[�F[1yq[j�� 22(��'� 202� DOCK PROFILG YIGY1 MHp Ci 0'C SHEET _ C 103 OFFICE MANAGER M NORTON DESIGNER T MINTZ GRAPHIC SCALE DIVISION VALUE = 20 FEET PROJECT MRMGER M NORTON REVIEWER M NORTON BRUNSWICK COUNTY, NORTH CAROLINA �- . . -4 d .a ..o- � .. ... 5� l - e. a .. .:'.'S. f F ucm-MHD CITY DOCK AND PIER PLANS FOR TIM POWELL BRUNSWICK COUNTY, NORTH CAROLINA PROJECT INFORMATION OWNER TIMOTHY AND MEGAN POWELL P.O. BOX 1945 SHALLOTTE, NC 28459 PROJECT LOCATION 1790 SHALLOTTE INLET DR. SHALLOTTE, NC 28470 COUNTY: BRUNSWICK TOWNSHIP: SHALLOTTE FLOOD ZONE AE FIRM MAP: 3720108500K RIVER BASIN LUMBER RECEIVING STREAM INTRACOASTAL WATERWAY STREAM INDEX NO 15-25 CLASSIFICATION: SA, HOW DATUM VERTICAL: NAVD88 HORIZONTAL: NAD 83 BENCHMARK MAG NAIL ELEVATION = 5,W I►�11:0:91191Z EAST COAST ENGINEERING d SURVEYING P.C. 4916 MAIN STREET P.O. BOX 2469 SHALLOTTE, NORTH CAROLINA 28459 (910) 754-8029 712 Village Road SW Suite 103 Shallotte, NC 28470 910.755.5872 NC Firm License # C-0459 m cg i l l ass o ci ate s.com DECEMBER 11. 2019 SCHEDULE OF DRAWINGS G-001..... COVER SHEET C-101 .....OVERALL SITE C-102..... DOCK LAYOUT INSET G-103.... . DOCK PROFILE VIEW C-104..... WATER BODY WIDTH EXHIBIT PROJECT PERMITS AND APPROVALS DIVISION OF COASTAL MANAGEMENT: PENDING RECEIVED FEB 2 7 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN 2 S 2020 3 `s R