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HomeMy WebLinkAbout82-20 Preservation Point Partners LLCPermit Class NEW Permit Number 82-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit RECEIVED for SEP 11 2020 X Major Development in an Area of Environmental Concern pursuant toNCGS II3A-118 DCM-MHD CITY X Excavation and/or filling pursuant to NCGS 113-229 Issued to.Preservation Point Partners, LLC, c(o Scott Rye & Matt Logue, 9821 Cogdill Road, Suite 1, Knoxville, TN 37932 Authorizing development in New Hanover County, Ito the North East Cape Fear River and Smith Creek, at 1505 Castle Havne Rd. , as requested in the permittee's application dated 2/10/20 (MP-1,3,4) and dated revised 6/15/20 (MP-2), including attached workplan drawings (12) dated 3/24/20. This permit, issued on Julv 29, 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 to tines, imprisonment or civil action; or may cause the permit to be null and void. Marina 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no development waterward of normal high water, shall be undertaken between February I and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) This permit authorizes only the marina, piers, boardwalks, platforms, floating docks, kayak launches, amenity island, 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 project without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the pernittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Preservation Point Partners, LLC ADDITIONAL CONDITIONS Permit No. 82-20 Page 2 of 5 3) The authorized marina is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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) No portion of the authorized docking facility, including debris deflectors, 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 normal high water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 6) The alignment of the authorized debris deflectors shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re-established by DCM within a maximum of 30 days prior to the new expected start of construction. 7) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 9) This permit authorizes a maximum of 98 formalized boat slips. 10) Any portion of the permitted piers leading to the marina and kayak launches built above Coastal Wetlands shall not exceed 6 feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 11) Any portion of the permitted "elevated fixed boardwalk" built above Coastal Wetlands shall not exceed 10 feet in width and shall be elevated a minimum of four feet above the wetland substrate as measured from the bottom of the decking. 12) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. RECEIVED SEP 11 2020 TY a y Preservation Point Partners, LLC ADDITIONAL CONDITIONS Permit No. 82-20 Page 3 of 5 13) The elevated access pier depicted on Sheet 4 of 12 identifying the "existing ditch" shall have a minimum vertical navigational clearance of 6 feet above the normal high water at the lowest part of the boardwalk. The boardwalk shall provide a minimum horizontal navigational clearance of 10 feet. 14) 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. 15) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the floating docks associated with both kayak launches at a minimum height of 18" above the bottom substrate to prevent the floating docks from disturbing the bottom substrate. The physical stops shall remain in place for the. life of the permitted kayak launches. 16) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 17) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 18) The marina shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier. 19) The marina and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. Sedimentation and Erosion Control 20) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, Cardinal Drive Extension, Wilmington, NC 28405. 21) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 22) Appropriate sedimentation and erosion control devices, measures. or structures shall he implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. RECEIVED SEP 112020 I — m b.11 1 —1. 1r., A '.. i Preservation Point Partners, LLC ADDITIONAL CONDITIONS Stormwater Manaeement Permit No. 82-20 Page 4 of 5 24) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. Upland Development 25) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced amenity island, including the associated landscaping, recreational amenities, and infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs located within the applicant's property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. USACE Conditions 26) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish &c Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee euidelines.0f. General 27) 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. 28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 29) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (910) 796-7215 or (252) 946-6481. RECEIVED SEP 112020 Preservation Point Partners, LLC ADDITIONAL CONDITIONS Permit No. 82-20 Page 5 of 5 NOTE: Future d6velopment of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2019- 0554V2. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-00719). NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED iSEF 11 2020 DCM-MHD CITY DCM Coordinator: Permit #:ma�)e y-- Permittee: Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET Washington Wilmington (with revised work plan drawings) (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Liz Ha r arteret, now, ender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Gledhill -Earley at Environmental.Review@n®dft dWMCox (WIRO) Harding j avid Harris ft a, — Shannon Jenkins / Sharon Gu Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison 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: gobbMairs-401 (Brunswick, New Hanover) •10 Holley Snider — 401 (Carteret, Onslow, Pender) Shristine Hall - Stormwater oanne Steenhuis - 401 (NCDO"P-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Dunn (NCDOT) Travis Wilson Natural Heritage Program ButWkdft LPO DCM Coordinator: Curt Weychert County: I v Permit WIRO E-MAIL` rDIISTTRRIBUTIONN,S,�HEETt Circle one 7ioPermit for: v-chvV o, I nq `1 o w-X Oversize Pla nt: 1 DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Curt & Amanda on group email w/ bi'o.narr.app.drawings, deed, comment sheet V/ `MHC documents (Curt & Amanda) rr Wilmington: Original hard -copy-, z ONLY USACE & DWR ryv/ro/: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: ,biz Nair.EPeadB�GeA�reACgj PN, CL, Reports, Split Sheet (until territories are decided) ilmin_gtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet. Div of Water Resources:fjabb Mairs -401 (ONIPN/BR/NH): PN, CL, Reports, Split Sheet Div of Water Resources: heri Montelvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries. /Anne Deaton (temporary) w/Reports DCM PlannerMliRO: �Mi(ce Christenbury_ Cultural Resources: Renee Gledhill -Earley Environmental.Review(Oncdenr.00v_ Natural Heritage Prog. Rodney Butler_ DCA-Rural Eco. Dow Mark Ziegler NC DOT: David Harris _ Wildlife Resources: ria Dunn w/Reports State Property Office: `Ti Walton: DEED _ e Moser '//anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: d+yremy Humphrey (Bio) / h�— haron Gupton, Admin. _ DEMLR: istine Hall - Stormwater Section an Sams - Land Quality Section _ Public Water Supply: Oid! Cox_ City of Wilmington: ✓/K/athryn Thursto—> G Enforcement: / told Rep.' aV l Co. LPO "& DISTRIBUTED: �(�? 20 Updated 3/1120 CAMA/Shaun majors docsle Agency List 76 UPLAND ABA WETIAND C EN KL2-I" -t13I.1.298 SFL � HATCH LEGEND: -- =l WETLAND HAT( COASTAL XE D (I_ n PROJECT RENEW LINE L. J X ESTUARINE SHDRELWESUFFER L (e'Jt2 FIXED PIER) En SURFACE AREA OF OF KAYAK LAUNCH KL2-1=1296.0 SF KL2-2 = 108.0 SF MEAN 3 = 24.0 SF WATER urveKI2 ' TOTAL = 1,428.0 SF r DGA�A< wETLaID CT M � /-PRD�ECT KUL2-3 =24.N2A.O Sf ■ / REVI�AREA TMD _. I(AVAK IAWICHI GRASS LINE I .— MrT-HEAD UNDSF 81(S UN e MEAN LOW WATER UNE 1 _ GRASS UNE Q DOCK AND LAUNCH P� (JJ KAYAK LAUNCH KAYAK LAUNCH#2(SOUTHERN)) I� yl 3A.r To 8' WIDE FIXED PIER ; U IAAR�-MEN AT LSE 3 A ' p ; SUBSTRATE I S'X13'T-HEAD • y 11 y W W �I W I WITH RAILING I Coastal Land Design, PLLC C dEigM r'I Laneeuye ArcTA.. IaM %en., I Core e M.w .M eere NCBELS Fl. L' P43 P.O.S. 1172 PMnn'. Bta25C9 33 WMYgMn,NC 2SA02 F. BiR251-0302 xvw.tlEenpmm PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 24 March 2020 KAYAK LAUNCH #2IKAYAK LAUNCH #2 (SOUTHERN APPROVED JRP PRIAECT: B ' oHecaa. SL SCALE: ASN014D DFSMJIFD'. RL REIFABE: PRELWWARV c-T SHEETTOF 12 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Preservation Point Partners, LLC clo Scott Rye COUNTY: New Hanover PROJECT NAME: Preservation Point LOCATION OF PROJECT: ISOS Castle Hayne Rd., Adj to NE Cape Fear River A Snrltlr Creek, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-24-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: McGnirdMacPkerson DISTRICT OFFICE:WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: S400 (60140)#10055 APPLICATION ASSIGNED TO: Weyckerl PUBLIC NOTICE REC'D: 4-19-20 END OF NOTICE DATE: 5-9-20 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 6-7-20 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 1-27-20 STATE DUE DATE: 5-9-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep u-4.0 -1305 'MA14W U�tO1N DCM - LUP Consistency Determination Local Permit Officer �Mu51t1�1 I A95 (A1ViA VINC' C7Es �rr1t r Corps of Engineers - Regulatory Branch - %Al9 ��lq DWR-401 Section - l(Q �{% lG l.��9-�/� V�i Gallj'RS(46 DWR-Public. Water Supply AUt91'e5 DEMLR - Stormwater i Sep eom 006 DEMLR - Sed and Erosion i3 - eJQ ,(.WAS DOA - State Property Office Wildlife Resources Commission - laa-( DMF - Shellfish Section DMF - Habitat & Enhancement - AOO-re(LIUA F%3 1 — SEP 30 DNCR- Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce 6fA6 NC Division of Coastal Management Major Permit Application Computer Sheet AEC:1�i1/YGY Fees$ CDAITS MHC cc Applicant: Agent/Contractor:' Project Site County: Staff: District: Wlimington Project Nam : Rover File: We River Basin: Initial date of application submi al: a a Dale application "received as complete" in the Field office: SITE DESCRIPTIONIPERMIT INFORMATION ORW: Yes o --- Yes No Photos Taken: Ye No Setback Required (riparian): Yes No Critical Habitat: Lj Yes No PgVot Sure 15 foot waiver obtained: DYes KNo Hazard Notification Returned: []Yes []No SAV: Yes No Not Sure Shell Bottom: ❑Yea No NNot Temporary Impacts: ❑Yes Wo Sure Sandbags: ❑Yes o Not Sure g Did the land use assi ication come ❑No Mit' ation Required (optional): les ❑No ) from county LUP:�Yes Moratorium Conditions: wVAC,' Environmental Assessment Done: ❑YesN54No ❑NA Length of Shoreline: ,-10 *as ❑No ❑NA F7 Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- Closed eL4n y " SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) El Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) amp Waters (SW) El High Quality Waters (HQW) LJ Outstanding Resource Wafers (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glesswort (Salicomia sp.) wetlands) CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina El (SY) Sall reed grass (Spartina eltemiflora) cynosuroides) El (DS) Safi or spike grass (Dislichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicate) sp.) El (JR) Black needlerush (Juncos El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 Nall! can be applied - $250 4144 can't be applied - $400 LJ 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 III(S) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - 0 II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 II I(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Name: Date: �O 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 sheeL TYPE REPLACE Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One \n' New Work M Replace Maint ❑ [I Y N New Maint❑ Replace Y N 0YQ 31 pQ- 1 New Work 9k Maint ❑ lace I]Y DQ r� ( n co New Work Replace 2 � 1'� ( O Main/ ❑ [IY MN J D� New Wo Maint ❑ Replace ❑ Y�&14 1`iDW1 t O New Work Replace LA Maint ❑ ❑ Y N SMaint New Work Replete h l ❑ ❑ Y V 1 New Work Replace q ocl o Melnt ❑ ❑ Y EkN 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 Habitat Name DISTURB TYPE Choose One Disturbance total Includes any disturbance. Excludes any Disturbance total includes disturbance. Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or tamp restoration or tamp impact lam Impacts) amount tam Impacts) amount `A I 1 L. q7u � 1Impact Y ' Dredge ❑ FIII Both ❑ Other ❑ I\ Dredge ❑ FIII � Both ❑ Other ❑ O - 1- � r n) V v Dredge ❑ Fill ❑ Both ❑ Other � 1 � r t)`I'a i OWDredge ❑ FIII Both ❑ Other ❑� V v�r Ct v Dredge ❑ FIII ❑ Both ❑ Other , U p � P li/I l.� Dredge FIII ❑ Both ❑ Other I�t v❑, Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ FIII ❑ Both ❑ Other ❑ 919.733-2293::1.888.4RC0A3T:: w w.nccosatalmanaaems .net revised: 02/28118 Name M Date: N aL) Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One OneF,� New Work Replace Me t ❑ ❑ VN U �� V 3 New Wok Replace Maint ❑ ❑ Y N L New Wo k Replace A Maint ❑ ❑ Y N New Work Replace g T) Maint ❑ ❑ Y I S� l Replace Maint ❑* ❑ Y KIN New Work Maint ❑ Replace ❑ Y C�N 3 � ( i New Work Main, ❑ Replace ❑ Y U(N Now Work 94. Replace ^� Maint ❑ ❑ V 1XI Met Cl ce ❑ YaO N New Work Maint ❑ Replac,�/e, ❑ Y IGW_ l J New Work Repi ce Mant El ❑ YN l New Work Maint ❑ Replace ❑ YI&N 9`5 (00 New Work Replace I 1 H C.-� ; Maint ❑ El N C/1-Ivl New Work C1 Replace Maint ❑ ❑ V ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work Replace Meant ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint [I ❑Y ❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Now Work ❑ Replace Meant ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ 10YON New Work ❑ Replace Meant ❑ 1 ❑ Y ❑ N 919-733-2293 :: 1.8884RCOAST u: WWW,neeoastalmaLragemeni•"et revised: 02126/18 Recommendations — Preservation Point Partners c/o Scott Rye The total square footage of the community marina was calculated as follows Shoreline length =2,170 ft. x 27 sq. ft = 58,590 sq. ft. allowable. Pier (Kayak Launch 1) = 231 ft. x 6 ft. = 1,386 sq. ft. (not counted) Platform (Kayak Launch 1) =18 ft. x 8 ft. = 144 sq. ft. Floating docks (Kayak Launch 1) = 8 ft. x 3 ft. x 2 = 48 sq. ft. Pier (Kayak Launch 2) = 216 ft. x 6 ft. = 1,296 (not counted) Platform (Kayak Launch 2) = 18 ft. x 6 ft. = 108 sq. ft. Floating dock (Kayak Launch 1) = 8 ft. x 3 ft. = 24 sq. ft. Marina Pier — 330 ft. x 10 ft. = 3,300 Floating access platform = 101 ft. x 10 ft. = 1010 sq. ft. Floating dock = 909 ft. x 10 ft. 9,090 sq. ft. Floating Platforms = 85 ft. by 8 ft. x 2 = 1,360 sq. ft. 48 Finger Piers = — 40 ft. by 4 ft. = 7,680 so. ft. Total =—22,764 sq. ft. It is the staff's recommendation that the proposal to construct a community marina is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. It is staffs recommendation that the proposal to construct a community marina is CONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (5) (D) which states "marinas to be developed in waters subject to public trust rights for the purpose of providing docking for residential developments shall be allowed no more than 27 square feet of public trust areas for every one linear foot of shoreline adjacent to these public trust areas for construction of docks and mooring facilities. The 27 square feet allocation shall not apply to fairway areas between parallel piers or any portion of the pier used only for access from land to the docking spaces." As proposed the community marina would not exceed the allowable square footage It is staffs recommendation that the proposal to construct a community marina is CONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (5) (H) which states "marinas shall be designed so that the capability of the waters to be used for navigation or for other public trust rights in estuarine or public trust waters are not jeopardized while allowing the applicant access to deep waters." As proposed the boardwalk, access pier and two Kayak launches would allow the continued use of the public trust waters landward of the access piers. The applicant has stated that the boardwalk would be elevated at least 6 feet above MHW where it spans a navigable channel so as to maintain public access. It is staffs recommendation that the proposal to construct a community marina is CONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (5) (M) which states "marinas shall post a notice prohibiting the discharge of any waste from boat toilets and listing the availability of local pumpout services." As proposed the applicant would display "no sewage discharge" signage at the entrance for the marina facility and one at the T-head spine floating dock. The applicant is proposing a portable pump out for the marine facility which will be treated through on -site septic. It is staff's recommendation that the proposal to construct a community marina is CONSISTENT with the Rule in 15 NCAC 7H.0208 (b) (6) (A) which states "docks and piers shall not exceed six feet in width. Wider docks and piers shall be permitted only if the greater width is necessary for safe use, to Recommendations— Preservation Point Partners c/o Scott Rye Page 2 improve public access, or to support a water dependent use that cannot otherwise occur." As proposed the main spine floating dock and floating dock spines associated with the slip configuration would be 10 feet in width for the use of golf carts. The proposed width was dictated by the New Hanover County Fire Marshall. It is staffs recommendation that the proposal to construct a community marina with breakwaters IS NOT CONSISTENT with 15 NCAC 7H.0208 (b) (6) (J) (iii) which states "Pier and docking facility length shall be limited by: not extending more than one-fourth the width of a natural water body, or human - made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. Based on the submitted plans the marina and northern breakwater as proposed do not appear to exceed the Y<width limitation, however the southern proposed breakwater extends approximately 22 ft. past the '/. width. Major Permit Fee Schedule Project Name: County: L/6� Check No&Amount,¢o� }�o%Nt PAR;nr s ave-� (- 1 O 05S Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($25D) 0% ($0) excavation of any wetlands or open water areas: IL 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 AA C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($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 water or aquatic life: quality uqD). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be ap led: IV. Development that involves the filli and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 1/9/2020 Preservation Point same First Bank 10055 $400.00 major fee, NC off NE Cape Fear TMc rct. Partners River, Castle Hayne NHCO SPLIT 9097 60/40 DCM Coordinator: Curt Weychert County: �1 Permit 0: I ', WIRO E-MAIL � /DISTRIBUTION SHEET 1 \�^/ t� n� Circle onenBioft)/Permit for: V wV � 1 n, � w-X i a V 1 V -^" 7 i Oversize Pla nt: DCM Offices: A' Morehead City: PT (if oversize) via Courier 'cc Curt & Amanda on group email w/ V0. narr.app. drawings, deed, comment sheet 'MHC documents (Curt & Amanda) �� Wilmington: Original hard -copy _v_ ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: rlibmb ,(lsend2F8l�ert€raM.o)^PN, CL, Reports, Split Sheet (until territories are decided) a(gtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports,Split Sheet, Div of Water Resources: airs - 4.1 (ONIPN/BR/NH): PN, CL, Reports, Split Sheet Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ TT------------------------------------------------------------------------------------------ Marine Fisheries: . AAnne Deaton (temporary) wlReports DCM Planner/WiRO: �Mi(Ca Christenbury Cultural Resources: Renee Gledhill -Earley Environmental nvironmental.Review(&-ncdenr�o /v_ Natural Heritage Prog. "Rodney Butler DCA-Rural Eco. Dev: MMark Ziegler David NC DOT: Harris _ Wildlife Resources: ✓Maria Dunn w/Reports _ 'K3icn State Property Office: Walton: DEED e Moser Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: ' /aanda �remy Humphrey (Bio) haron Gupton, Admin. _ DEMLR: K�stine Hall - Stormwater Section _ an Sams - Land Quality Section _ Public Water Supply: City of Wilmington: Enforcement: Co. LPO Y.6idi Cox ✓Kathryn Thursi ✓Field Rep:/1 DISTRIBUTED: q0 Updated aif 120 CAMA/Shaun majors docs/e Agency List ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA EnWrMWAR at Quaaty 4/21/20 To: Curt Weychert. NC Division of Coastal Management From: Mark Brown, NC Public Water Supply, Wilmington Regional Office Subject: CAMA /Dredge & Fill Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. Please forward the following comments to the applicant: If applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18C Section .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. Please also be aware of our separation requirements in regards to water/sewer according to 1SA NCAC 18C Section .0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. After speaking with the applicant Dana Lutheran of SEGi., Inc they plan to connect onto the CFPUA Public Water system off Castle Hayne Road for the for the residential portion of the project PWSID#0465010, as mentioned above this will require plans and specs to be approved by NC Public Water Supply. As of now they have not determined if they will utilize a well to serve the marina or continue the extension of the CFPUA distribution system NC#0465010. If applicant decides to construct a well to serve the 98 marina slips it will meet the definition of a Public Water Supply System. Public Water System as defined in 141.80 Subpart A - General §141.2 Definitions Pubic Water System -service 25 or more people 60 days out of the year, or have 15 or more service connections. Per Title 15A Subchapter 18CSection.0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. This will be classified as a new Public Water Supply System and approval must be granted prior to providing water service. Feel free to call us at (910) 796-7215, if you have additional questions. D_E QJ� North Carolina Department of Enviro mlental Quality Division of Water Resources Wilmington Regional office 127CardIn&IDHve Extension Wilmmgton.North Carulina29A05 910.796.nI5 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS April 15, 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) curtwevchertr:9NCDENR.aov SUBJECT. CAMA/Dredge & Fill Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no abjection to the project as proposed. 7r Aectr xee a AF f/r✓ "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. PR6iTNAME MVk L{&" RECEIVED AWSMY %�'( W°iy Fw-Lr---- APR 2 1 2020 MP SECTION SIGNATURE 4,0DCM - MHD CITY DATE N a(- )o ' h Camlina EnvirunmenulQuality Co I Management 127 Cardinal Rive Eat, W itmingttm, NC 28405 919 796 7215 NORTH CAROUNA L'avlmm,:rilml fAc,fhv Aprll 15, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevehertlo3NCDEN R.Qov SUBJECT: CA MA /Dredge & Fill ROY COOPER Gmrmor MICHAEL S. REGAN serrelnry BRAXTON DAVIS Dlre ar, Divirlon ofCorralal A/mmgemeal Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open paviilon and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7288 when appropriate, in-depth comments with supporting data Is requested. REPLY: x_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME l_.ry7L/ eS7/ " Z.6�(z r ' / RECEIVED AGENCY /1%PI.J�datrrJ�' IAPR 201010 SIGNATURE l' i &1P SECTION DCM - MHD CI1'y DATE stabc Caroline l PnvuomirntalQmliry lCoa9telMemgeamnt 127 Cardinal Drive Ext, Wilmingm NC 29405 919 796 72 i5 ROY COOPER our;nr.r MICHAEL S. REGAN BRAXTON DAVIS Inn•,:.., b„v,r,., rn r,ti.,n. April 15, 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(rDNCDEN R.aov SUBJECT: CAMA/Dredge & Fill' Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no obb ection 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 r4 r 14 G e r S I c r AGENCY IIIG D.Cpf. os GoMMa-YG¢ RECEIVED SIGNATURE N1 A✓LC �Yl6t/ MAY 0 5 2020 DATE t; !S 2 ° MP SECTION h Carolina I Emimnmentel Quality l Coastal Management DCM - MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NORTH CAROLINA Ent irownental Naito, April 15, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c u rt. wevc h e rt(a) N C D E N R.g ov SUBJECT: CAMA /Dredge & Fill ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Directar, Division ofCcavlal Management Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River& Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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 SIGNATUREti for Shannon Jenkins DATE 05/05/2020 Seto, ofliorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Est, Wilmington, NC 28405 919 796 7215 RECEIVED MAY 0 6 2W MP SECTION DCM - MHD CITY r NORTH CAROLINA Environmental Qaalio, April 15, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cDNCDEN R.aov SUBJECT: CAMA /Dredge & Fill Applicant: Preservation Point Partners, LLC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ojCoasral Management Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community manna within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 Maj 0, 2E 01 If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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. X 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 Anne Deaton AGENCY Div Marine Fisheries RECEIVED SIGNATURE01�"` ` MAY 1 5 1010 MP SECTION DATE 5/15/202Q DCM - MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 4 ROY COOPER Govemor MICHAEL.S. REGAN Secretary STEPHEN W.MURPHEY Direcfor MEMORANDUM: TO: Curt Weychert, DCM Assistant Major Permit Coordinator FROM: Anne Deaton, NCDMF Habitat Assessment Program Manager A' 7� SUBJECT: Preservation Point, LLC, Castle Hayne DATE: May 14, 2020 North Carolina Division of Marine Fisheries (DMF) has reviewed the CAMA major permit application to construct a 98 slip marina on the Northeast Cape Fear River, multiple boardwalks across wetlands, and two kayak launches on Smith Creek. These water dependent structures are associated with a 133 unit subdivision in Castle Hayne. The proposed development will be surrounded by extensive areas of forested and emergent wetlands. The Northeast Cape Fear River at the proposed marina location is joint MFC-WRC waters and is designated as Primary Nursery Area (PNA) and Anadromous Fish Spawning Area (AFSA). Smith Creek is not designated as PNA or AFSA. The extensive wetlands bordering the proposed development are highly beneficial for the juvenile estuarine, and anadromous fish that utilize the area. Wetlands provide food and refuge, and help to maintain good water quality. Some anadromous fish spawn in shallow creeks and flooded forested wetlands. The application includes extensive boardwalks over emergent and forested wetlands (22,619 ft2), which will result in shading impacts. To minimize loss of wetlands due to shading, DMF would prefer that the boardwalk is elevated as high as possible, and/or constructed with alternative decking, such as hog slats, or flow -through decking (eg. ThruFlowTM) to allow more light penetration under the structure. This decking is also beneficial in allowing water to flow through it when river levels rise, reducing damage to the boardwalk. Primary Nursery Areas are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Fluctuations in salinity and tide affect the extent that estuarine fish utilize this area. Data from a DMF juvenile trawl site near Smith Creek indicates high diversity of juvenile fish species in this area. Docking facilities have the potential to shoal after construction leading to decreased depths in slip areas. Since this area is PNA, future requests for new dredging would not be allowed by CRC rules due to biological cofl�erns.,IV D —% Nothing Compares� MAY l b- 2010 State of North Carolina I Division of Marine Fisheries 3441 Arendcll Street I P.O. Box 7691 Morehead City, North Carolina 28557 MP SECTION zsrn6-7oz1' DCM - MHD CITY i Anadromous Fish Spawning Areas are areas where evidence of anadromous fish spawning has been documented through direct observation, capture of running ripe females, or indication of eggs or early larvae. Anadromous species within the Cape Fear River include American and hickory shad, striped bass, river herring, American eel and both Atlantic and shortnose sturgeon. Striped bass and Atlantic sturgeon tagging indicate they occur in this area, and are more concentrated February through late May/June. Other anadromous species such as American shad and blue back herring also occur in these waters. Noise disturbance or turbidity can disrupt migration to and from spawning grounds. Eggs and larvae are highly susceptible to turbidity. Due to these concerns, the division requests an in -water work moratorium from February 1 to September 30. This moratorium reduces the negative effects on critical fish life history activities, such as spawning migrations and nursery functions. Thank you for the opportunity to comment. Contact Anne Deaton at (910) 796-7311 or Ann e.deatonPncdenr.gov with further questions or concerns. RECEIVED MAY I. 5.2010 <i^Nothing Compares. MP SECTION State of North Carolina I Division of Marine Fisheries DCM - MHD CITY 3441 Arendell Street I P.O. Box 769 1 Morehead city North Carolina 28557 252-726-7021 r Weychert, Curtis R From: Bodnar, Gregg Sent: Thursday, May 21, 2020 10:11 AM To: Weychert, Curtis R Subject: FW: [EXTERNAL] SAW 2019-0719 Preservation Point Partners Subdivision From: Matthews, Kathryn H <kathryn_matthews@fws.gov> Sent: Thursday, May 21, 2020 9:52 AM To: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil>; Mann, Leigh <leigh_mann@fws.gov>; pace.wilber@noaa.gov; fritz.rohde <fritz.rohde@noaa.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; twyla.cheatwood <twyla.cheatwood@noaa.gov>; Ellis, John <john_ellis@fws.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Howell, Jonathan <jonathan.howell@ncdenr.gov>; Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Subject: Re: [EXTERNAL] SAW 2019-0719 Preservation Point Partners Subdivision Dear Greg, The Service concurs with your species determination for the West Indian manatee. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Thank you for the opportunity to consult. Kathy Matthews Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currev@usace.armv.mil> Sent: Monday, May 11, 2020 3:43 PM To: Matthews, Kathryn H <kathryn matthews@fws.Rov>; Mann, Leigh <leish mann@fws.Rov>; pace.wilber@noaa.Rov <pace.wilber(&noaa.Rov>; Benjamin, Pete <pete beniamin@fws.aov>; Owens, Jennifer L CIV USARMY CESAW (USA) <Jennifer.L.Owens(Musace.armv.mil>; HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton usace.armv.mil>; Arnette, Justin R CIV USARMY CESAW (USA) <Justin.R.Arnette@usace.armv.mil>; Environmental.Review@ncdcr.Rov <Environmental.Review@ncdcr.Rov>; Bowers, Todd <bowers.todd@epa.Rov>; ethan coble <Ethan.J.Coble@usc¢.mil>; Rvan.L.Tavlor@usc¢.mil <Rvan.L.Tavlor@uscR.mil>; Fritz Rohde - NOAA Federal <fritz.rohde@noaa.eov>; matt creelman <Matthew.K.Creelman2Culusce.mil>; gregg bodner <ereee.bodnar@ncdenr.Rov>; twyla.cheatwood <twvla.cheatwood@noaa.Rov>; Ellis, John <iohn ellis@fws.¢ov>; robb mairs <robb.mairs@ncdenr.gov>; MacPherson, 11 1 r Tara <tara.macoherson@ncdenr.eov>; Howell, Jonathan <ionathan.howell@ncdenr.eov>; Paul.woioski@ncdenr.eov <Paul.woioski@ ncdenr.zov> Subject: [EXTERNAL) SAW 2019-0719 Preservation Point Partners Subdivision RE -sending Part 1 All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NC DCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by June 9, 2020. The proposed project would be located on the Northeast Cape Fear River (NECFR), on an unnamed tributary and a man- made canal connected to the NECFR, and at adjacent wetlands at 1505 Castle Hayne Road in New Hanover County, North Carolina (N 34.269119 W-77.941667). The proposal is to construct a 133 unit subdivision (mainland site), an open pavilion and amenity area (spoil island), a boardwalk (from mainland to spoil island), a 98-slip community marina on the NECFR (spoil island) and two (2) kayak launch structures (one on a UT of NECFR and one on a man-made canal connected to the NECFR, both anchored on the spoil island). All of the proposed wetland fill will occur due to the work that would occur on the mainland, which includes the fill of 4,263 square feet or 0.098 acre of wetlands. The following structures will have "over water" or shading impacts to Waters of the US: Boardwalk-16,320 square feet of wetlands and 60 square feet of open water, of surrounding marsh Kayak Launch #1 (northern) - 1,386 square feet of wetlands and 192 square feet of open water, of UT to NECFR Kayak Launch #2 (southern) -1,296 square feet of wetlands and 134 square feet of open water, of man-made canal to NECFR Marina - 2,500 square feet of wetlands and 12,260 square feet of open water, of NECFR The proposed boardwalk would be located at least four (4) feet above any wetland substrate and at least six (6) feet above those areas where the structure spans navigable waters, such as the man-made canals or mosquito ditches. The piers leading to the kayak launches will be located at least three (3) feet above the substrate and the pier leading to the marina will be located at least four (4) feet above the substrate. Please see the attached application request, plans dated February 10, 2020 and a location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters of the NECFR are designated SC and Sw by the Division of Water Resources. These waters ARE designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee or the Atlantic and Shortnose sturgeon. In regards to the manatee, the applicant states "To ensure protection of the West Indian manatee (Trichechus manatus), the work will be undertaken between November 1 and May 31. If this is not possible, the applicant will adhere to the US Fish and Wildlife's guidance entitled "Guidelines for Avoiding Impacts to the West Indian Manatee..." In any event, the use of the Manatee Guidelines would be required as a condition of the Corps permit. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by June 9, 2020. Thank you, Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS April 15, 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) curtweychertC2a NCDEN R.00v SUBJECT: CA MA /Dredge & Fill Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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. KOV-0 _ This agency approves of the project only if the recommended changes _ o, ACA are incorporated. See attached. (�'^ " This agency objects to the project for reasons described in the attached comments. PRINTNAME LV&4dR kL-A'd,r- AGENCY �.a a�n �� �t ) SIGNATURE % Zt.IK� 4AAA&�t DATE � '� s �� Cuo ns Envn.wrn W Qualityl Caa I Ma S mml 127 CW&nal D,hs Ent., Wilmington, NC 28405 9197%7215 RECEIVED 2 8 2020 MP SECTION DCM - MHD CITY North Carolina Department of Administration State Property Office Roy Cooper, Governor May 28, 2020 MEMORANDUM To: Curt Weychert, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 400 Commerce Avenue, Morehead, NC 28557 From: Wanda Hilliard Real Property Agent SUBJECT: CAMA APPLICATION REVIEW PROPOSED PROJECT: Preservation Point Partners, LLC Machelle Sanders Secretary Tun Walton Director PROPOSED LOCATION: 1505 Castle Hayne Rd. adjacent to the NE Cape Fear River & Smith Creek in Wilmington, New Hanover County The project may require Easements for relocation of multiple utilities crossing the creek, marsh & State-owned land provided the applicant qualifies for an easement. Thank you. State or North Carolina I State Property Office 116 West Jones Street. State 4055 1 1321 Mall Service Cry. I Raleigh NC 27699 919 607 4650 T I Web: http!//w .ncspo.com MEMORANDUM To: Curt Weychurt From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, — Preservation Point Partners, New Hanover County Date: May 29, 2020 This project is consistent and not in conflict with the New Hanover County Comprehensive Land Use Plan. The applicant proposes to construct a 133-unit subdivision, open pavilion and amenity area, boardwalks and a 98-slip community marina within the Northeast Cape Fear River. The applicant also proposes two Kayak Launches on Smith Creek and an un-named tributary adjacent to the North East Cape Fear River in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES, CW and PTA. Waters at the project site are classified as SC, Sw and are not open to the harvesting Shellfish. The area is a Primary Nursery Area in the North East Cape Fear River but not in Smith Creek. I have reviewed this proposal for consistency with the New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation and Residential. In general, New Hanover County allows development in Conservation and Residential classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. ' This project is consistent with the New Hanover County Comprehensive Land Use Plan Cc: File RECEIVED MAY 2 9 2020 MP SECTION DCM - MHD CITY ROY COOPER MICHAEL S. REGAN '. BRAXTON DAMS April 15, 2020 MEMORANDUM' 1 4,1z,)Z�c, C APR 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management �' ay.eR"''•, 400 Commerce Avenue, Morehead City, NC 28557 r$• Fax: 252-247-3330 (Courier 11-12-09) o sirs r x curt wevchert0,NCDENR.aov SUBJECT: CAMA /Dredge & Fill ! g Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tnbutary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached" _ This agency has no comment on the proposed project.. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME � r) AGENCY N GYJ IZ-C RECEIVED SIGNATURE JUN 0 3 20n DATE G` f `7 �7�. MP SECTION •'h4,Caroliie E E., Wilmnental Quality I2MOS Coastal ManagtDCM - MHD CITY 127 Cardinal Drive Ext., Wilmingim. NC 28405 9197967215 RECEIVED JUN 0 3 2020 Mp SECTION DCM - MHD CITY ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Curt Weychert Division of. Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: June 1, 2020 SUBJECT: CAMA Dredge/Fill Permit Application for Preservation Point Partners, LLC, New Hanover County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 1505 Castle Hayne Road adjacent the Northeast Cape Fear River and Smith Creek in Wilmington, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to develop a 133-unit residential subdivision with an open pavilion and amenity area, boardwalks, a 98-slip open water marina on the Northeast Cape Fear River, and two kayak launches on Smith Creek and an unnamed tributary. The site has had development proposals since 2007, of which the NCWRC has reviewed permit applications, provided comments, and attended scoping meetings - the most recent of which was conducted in 2019 and included the general proposal currently under application review. The majority of wetland impacts for the upland portion of the development have received permits from the USACE and NCDWR Included within this application is an additional 0.097- acre Section 404 wetland fill for stormwater conveyance as well as the impacts associated with the water dependent amenities. A spoil island will be converted to an active space with several recreational opportunities. This area will serve as the connection between the main residential area and the marina. Two mulched paths would lead north and south from the spoil island to floating kayak launches within Smith Creek and the unnamed tributary. From the spoil island extending west into the river, a fixed 10' by 330' pier would give access to a 10' by 101' floating dock. Water depths in this area range from -2.2' to -9.5' NLW. This floating Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0029 dock leads to a 10' by 909' floating spine oriented parallel to shore that provides access to 98 slips. Forty- eight floating finger piers, 4' by 30' to 50' in length would extend waterward and landward from this spine. Two 85' by 8' floating docks arc proposed at the northern and southern ends of the access float. Water depths range between -9' to-13'NLW. In addition to the 98- slip facility, the applicant is proposing two 150' by 1' "debris reflectors" that would be located 350' from shore at their farthest point The deflectors would be constructed of vertical pilings with 10" horizontal pipes attached to the pilings that float just above the water level and extend approximately 5' below NWL. The structure would be marked with reflective paint. As proposed the breakwater would extend waterward the proposed marina with the southernmost deflector approximately 22' beyond the quarter width of the river. The Northeast Cape Fear River in this location is classified SC Sw by the Environmental Management Commission, is designated a Primary Nursery Area (PNA) by the NCDMF, and is designated critical habitat for Atlantic sturgeon (Acipenser oxyrhynchus) by NMFS. Smith Creek in this location is classified C Sw by the Environmental Management Commission and is designated an Anadromous Fish Spawning Area (AFSA) by the NCWRC and NCDMF. The NCWRC has reviewed the permit application and has considered the project and its impacts to wildlife and public resources. We appreciate the coordination and efforts put forward by the applicant to adjust project designs and address concerns presented during earlier project iterations and meetings. While we do not object to the project, we do request the following be considered and when appropriate, included as permit conditions: • The marina facility as proposed includes two debris deflectors. While the structures are proposed to deflect debris, this location exhibits strong currents and winds, potentially turning these structures into navigation hazards. To minimize navigation hazards near the channel and within the main body of the river, the positioning of the deflectors should be contained within the quarter width of the river. • The floating platforms associated with the kayak launches appear to lend themselves to resting on the shore or creek substrate. It was recommended during the souping meeting these structures be fixed rather than floating to remove this impact This recommendation is put forth again. At minimum stops should be included in the project design at 18" above MLW. • The Northeast Cape Fear River is designated as a PNA and as critical habitat for Atlantic Sturgeon. Smith Creek is designated AFSA. To minimize impacts to these resources, a February I — September 30 in -water moratorium should be placed on the project. This includes construction in open water and wetlands regularly inundated by the river and creek systems (the connected floodplain). • The placement of structures in this area may increase the amount of sediment accretion at the docking facility. Due to the classification of this area as PNA, any future requests for dredging in the area will be denied. We request the applicant to fully evaluate this issue prior to creating these environmental impacts. • Sedimentation and erosion control measures should be installed and maintained throughout project implementation. • Wetlands provide important water quality functions and habitat opportunities within these systems. Matting should be used to minimize the lasting effects of temporary impacts from heavy equipment during construction. Any nuts or vegetation damage should be remediated post construction. RECEIVED JUN 0 3 M MP SECTION DCM - MHD CITY A marina management plan should be incorporated that addresses overnight docking, spills, what spill control and clean-up equipment will be available, and minimally identifies whether a trained dock master will monitor the area. This plan should also include the posting of information for boaters including emergency numbers and facility contacts. A pumpout facility should be made available or directions to the nearest pumpout facility should be posted. The NCWRC appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria dumrra-ncrvildlife.ore RECEIVED JUN 0 3 2M MP SECTION DCM - MHD CITY NORTH CAROLINA Lavwonmenlal i hlalrrp April 15, 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)NCDEN R.00v SUBJECT: CAMA/Dredge&Fill ROY COOPER U.""o,or MICHAEL S. REGAN Secnlary BRAXTON DAVIS Direcroq Dl aa,afc., lal Managrmeat Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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. As follows: This project will require Erosion & Sediment Control and Stormwater application and approval. In New Hanover County, local program of E&CS can be under the New Hanover County Local Program and Stormwater can fall under the Wilmington Local Program. This agency objects to the project for reasons described in the attached comments PRINT NAME Dan Sams AGENCY DEMLR SIGNATURE 6araramn. DATE June 3.2020 RECEIVED II IN 10 3 2020 MP SECTION State of North Carolina I Environmental Quality l Coastal Management DCM - MHD CITY 127 Cardinal Drive Ext., Wilmington, INC 28405 9197967215 DocuSign Envelope ID: OBA44356-C31D-4B57-8292-8E9A5AF19294 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Preservation Point Partners, LLC c/o Scott Rye and Matt Logue 9821 Cogdill Rd, Suite 1 Knoxville, TN 37932 NORTH CAROLINA Environmenra/ QuaW June 16, 2020 DWR # 2019-0554V2 New Hanover County Subject: Approval of 401 Water Quality Certification with Additional Conditions Preservation Point (1505 Castle Hayne Road — Wilmington, NC 28401) Dear Messrs. Rye and Logue: You have our approval, in accordance with the attached conditions and those listed below for the development of the Preservation Point subdivision, which includes an elevated access boardwalk to an upland amenity area with associated boardwalks. This approval also includes the construction of an access pier and a community 98 slip open water marina within the Northeast Cape Fear River, and two (2) kayak facilities located in the navigable tributaries, as described in your application received by the N.C. Division of Water Resources (DWR) on April 15, 2020, sequential information received on June 9, 2020 and June 15, 2020. This approval allows for the additional permanent impact of approximately 0.097 acres of Section 404 wetlands and for the additional temporary impact of approximately 0.81 acres of coastal wetlands in order to establish a temporary construction corridor for the elevated timber access boardwalk in the event logging mats are not feasible. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC4175). Please be aware that the cumulative impacts for this project, which includes a combination of DWR# 2019-0554 and DWR# 2019-0554V2 relative impacts, now totals approximately 0.476 acres of permanent Section 404 wetland impacts. This Certification allows you to use the Nationwide Permit Number 14 and the General Permit Number 198000291 when issued by the U.S. Army Corps of Engineers. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: hUs://edocs.deg.nc.eov/Forms/Certificate-of-Completion. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attachedRECEIVED certification and any additional conditions listed below. JUN 18 2020 MP SECTION NorthCamilmDepanmentofEnvlronmmtalQualtty I Division of Water Rewurces DCM - MHD CITY Wilmington Regional Office i 127Cardimi Drive Extension I Wllmingtm North Carolina2a405 '"°10W"v 910.796.7215 DocuSign Envelope ID: OBA44356-C31D-4B57-8292-8E9A5AF19294 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: DWR# 2019-0554V2 Amount Approved (Units) Plan Location or Reference Section 404 Wetlands (Permanent) Appx. 4,241 SF (0.097ac) Project Narrative (dated 2/10/2020, revised 6/15/2020) Coastal Wetlands (Temporary) Appx. 35,320 SF (0.81 ac) Sheets 1-12 (dated 2/10/2020) 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name ( 15A NCAC 02H .0501 and .0502). 3. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. In water construction moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 4. Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. [15A NCAC 02B .0221]. 5. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. RECEIVED IN 16, 2020 MP SECTION DCM - MHD CITY DocuSign Envelope ID: OBA44356-C31D-4B57-8292-8E9A5AF19294 6. A pre -construction meeting is highly recommended to be held with the Division and other interested resource agencies prior to the start of the project phases so that the contractors and/or agents fully understand the conditions associated with this certification, and especially to demonstrate the sensitive nature of the coastal wetlands on site, further promoting the use of timber mats throughout the alignment from the mainland to the amenity high ground area adjacent to the NECFR in order to preserve their natural conditions. [I 5A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 8. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 9. Appropriate measures should be installed prior to any land clearing activities to protect waters and wetlands from turbidity and/ or sedimentation. These measures should be routinely inspected and properly maintained, and excavated materials should be contained outside the wetland boundary. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. [15A NCAC 02H .0506 (b)(3) and (c)(3)] 10. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 11. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 12. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] RECEIVED ON 16,1010 MP SECTION DCM -.MHD CITY DocuSign Envelope ID: OBA44356-C31D-4B57-8292-8E9A5AF19294 13. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 14. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 15. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 16. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: httos://edoes.deg.nc.eov/Forms/Certificate-of- Completion). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. 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 http://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 8:00 am and 5:00 pm, 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: Ifsending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): RECEIVED li IN 18, 2020 MP SECTION F)CM - MHD CITY DocuSign Envelope ID: OBA44356-C31D-4B57-8292-8E9A5AF19294 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: Bill Lane, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb.Mairsna,ncdenr.eov. Sincerely, Docus(enea by:S..t. 61 iL4C7DD3 Morella Sanchez King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 Cc: Dana Lutheran, Southern Environmental Group Inc., EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Curt Weychert, NCDCM Morehead City Office, EC DWR 401 & Buffer Permitting Branch file-LF WiRO RECEIVED JUN 16,1020 MP SECTION DCM - MHD CITY u Regulatory Division Action ID No. SAW 2019-00719 Mr. Jonathan Howell DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 June 29, 2020 North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application by Preservation Point Partners, LLC to construct a 133 unit subdivision, an open pavilion and amenity area, a boardwalk with an observation deck, a 98-slip community marina on the Northeast Cape Fear River (NECFR) and two (2) kayak launch structures (one on a UT of NECFR and one on a man-made canal connected to the NECFR). The 133 unit subdivision will be constructed on the "mainland" of the northern Wilmington area adjacent to the NECFR. The amenity area will be constructed on a "spoil island" that occurs more directly adjacent (closer to the river) to the NECFR. The marina and the two (2) kayak launches will be anchored to this spoil island. The boardwalk will connect the "mainland" to the "spoil island". Wetland impacts associated with roads at the subdivision were previously permitted under Nationwide Permit 14. Additional wetland impacts (0.10 acre) from these roads will also be permitted under Nationwide Permit 14 for this expanded project. The proposed boardwalk will be 1,627 feet long and 10 feet wide and will cover 16,320 square feet of wetlands and 60 square feet of open water. The fixed observation deck or gazebo will be 15 feet by 15 feet. Kayak Launch # 1 will be located on the north side of the spoil island and will encroach 14 feet into an unnamed tributary of the NECFR. It will consist of a 231 feet long by 6 feet wide fixed pier, and 18 feet by 8 feet fixed platform and two (2) 8 feet by 3 feet floating docks. This facility will cover 1,386 square feet of wetlands and 192 square feet of open water of the unnamed tributary. Kayak Launch 92 will be located on the southeast side of the spoil island and will encroach 8 feet into a man-made canal. It will consist of a 216 feet long by 6 feet wide fixed access pier, an 18 feet by 6 feet fixed platform and two (2) 8 feet by 3 feet floating docks. This facility will cover 1,296 square feet of wetlands and 134 square feet of open water of the man-made canal. The boardwalk, the marina and the two (2) kayak launches will be permitted under Programmatic General Permit 291. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Atlantic and Shortnose Sturgeon: In order to protect these anadromous fish, no work associated with the construction of the marina will be permitted between the dates of February 1 st and June 30th of any year without the prior approval of the Corps. 3. Pile driving work for construction of the marina must only be accomplished by the "vibratory hammer" or the "jetting" methods. If the "jetting" method is utilized, installation of a turbidity curtain is required. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 5. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 8. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973. 9. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 10. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 11. 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 euidelines.Ddf. 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, telephone (910) 251-4707 or by email at gregory.e.currey@usace,army,mil. Sincerely, CURREY.GREG Digitally signed by CURREY.GREGORY.EU ORY.EUGENE.`GENE.10s1011950 1051011950 Date: 2020,06.29 10:30:12-04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Project Drawings Copy Furnished by email with attachment: Mr. Paul Wojoski Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tara MacPherson Mr. Curt Weychert North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 NORTH CAROLINA Eevirownowal Ovahti- April 15, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)N CDEN R.00v SUBJECT: CAMA/Dredge & Fill ROY COOPER Governor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Direclor, Divicimr of Coastal Management Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community manna within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary ad i to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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. As follows: This project will require Erosion & Sediment Control and Stormwater application and approval. In New Hanover County, local program of E&CS can be under the New Hanover County Local Program and Stormwater can fall under the Wilmington Local Program. This agency objects to the project for reasons described in the attached comments. PRINT NAME Dan Sams AGENCY DEMLR SIGNATURE 1�n tar elcn. DATE June 3. 2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER caveman MICHAEL S. REGAN .4 --ry BRAXTON DAVIS Direcmq Ulvialan afCnaslal Management April 15, 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(DNCDEN R.aov SUBJECT CAMA /Dredge & Fill Applicant: Preservation Point Partners, LLC Project Location: 1505 Castle Hayne Rd., adjacent to the NE Cape Fear River & Smith Creek, in Wilmington, New Hanover County Proposed Project: Proposal to construct a 133-unit subdivision with an open pavilion and amenity area, boardwalks and a 98-slip community marina within the NE Cape Fear River, with two (2) kayak launches on Smith Creek and an unnamed tributary adj to the NE Care Fear River. 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 May 16, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 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 RECEIVED DATE APR 15 2020 h Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmingion,NC28405 9197%7215 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANTS NAME: Preservation Point Partners c/o Scott Rye 2. LOCATION OF PROJECT SITE: 1505 Castle Hayne Road in New Hanover County, adjacent to the North East Cape Fear River and Smith Creek. Let:34°16"08.83`N Long:77°56"30.00"W RECEIVED 3. INVESTIGATION TYPE: CAMA/ D & F APR 15 2020 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/20/20 (with Agent) DC�M-MHD CITY 5. PROCESSING PROCEDURE: Application Received 2/13/20 Complete — 3 24/20 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP — Highground- General Residential Open Water- Conservation (B) AEC(s) Involved: EW, ES, PTA, CW (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing — None Planned — Future tie-in to municipal system (F) Type of Structures: Existing — Undeveloped Land Planned — 133 housing unit subdivision, 98 slip community marina, boardwalks, observation pier, two kayak launch docks, activity center with associated amenities, open air pavilion, roads, utilities and grading (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Section 404 1,656 sq. ft. 4263 sq. ft. (B) Section 404/Coastal Wetlands Shaded 22,619 sq. ft. (C) Open Water 300 sq. ft. 15,342 sq. ft. (breakwater) (d) Other (Highground) 9,832 sq. ft. (amenities) —Total 55 Acres (D) Total Area Disturbed: —56 Acres (E) Primary Nursery Area: NECFR — Yes; Smith Creek - No (F) Water Classification: NECFR- SC, Sw; Smith Creek - C;Sw Open: No PROJECT SUMMARY: The applicant is proposing to construct a 133 unit subdivision, open pavilion and amenity area, boardwalks and a 98-slip community marina within the Northeast Cape Fear River, including two kayak launches on Smith Creek and an un-named tributary, adjacent to the Northeast Cape Fear River (NECFR). Preservation Point Partners c/o Scott Rye Page 2 9. PROJECT DESCRIPTION: The project site is located at 1505 Castle Hayne Road, in Castle Hayne adjacent to the Northeast Cape Fear River (NECFR) in New Hanover County. There are 5 parcels that make up the project area adjacent to Castle Hayne Road north of Smith Creek. Parcel ID's are R04100-001-002-000, R04100- 001-016-000, R04100-001-015-000, R041000-001-028-000 and R04100-001-150-000. The site is located approximately 0.2 miles north of the HWY 133 exit ramp off of MILK Parkway on the left. The water dependent portion of the project site is bordered by the NECFR to the west, Castle Hayne Road to the east, Smith Creek to the south and an un-named tributary to the north. The project site is comprised of five individual tax parcels totaling approximately 234-acres, which is owned by Preservation Point Partners, LLC (applicant). The entire project site has approximately 2,170 linear feet (LF) of shoreline frontage along the NECFR and Smith Creek and has elevations of 25 ft. above normal high water (NHW). Parcel R04100-001-002-000 is the largest and is adjacent to the NECFR, Smith Creek and the un-named tributary. A relic spoil island known as "Corbett Island" is also located on this parcel. From the mainland, the highground area transitions towards the west into an area of section 404 wetlands, and then into a large span of Narrow Leaf Cattails (Typha spp.), measuring approximately 1500 ft. in width. This marsh area is transacted by extensive historical ditching which connects to Smith Creek located to the south of the project site, and an unnamed tributary to the Northeast Cape Fear River on the northern portion of the project site. The existing ditching within the project site is navigable with water depths at approximately -2 to -7 feet at normal low water (NLW). The approximately 9 acre highground spoil site area on the most western portion of the project site is adjacent to the NECFR. This area appears to be an old spoil dome from previous dredging events, which currently consists of upland vegetation including oak and pine trees. The vegetation then transitions into a span of Phragmites and then Coastal Wetlands consisting primarily of Giant Cordgrass (Spartina cynosuroides), Sawgrass (Cladium jamaicens), Bulrush (Scirpus spp.) and Smooth Cordgrass (Spartina alternfflora). The spoil island has an elevation of approximately 10 ft. above NHW. The application states that permits have been obtained from the USACE for Section 404 wetland impacts for road construction and infrastructure on the highground portions of the project to the east. The application states that permits have been obtained from the USACE and DWR for 0.379 acres of permanent Section 404 wetland impacts for 7 road crossings and 0.015 acres of temporary impact for infrastructure installation (SAW-2019-00719, SAW 2009-04010, SAW-2007-04010 and SAW-2007- 03781) (Attachment K) and NC DWR Permit No. 2019-0554 V1 was issued on 6111/19 (Attachment J). The applicant further states that low density stormwater treatment for discharge to the NECFR was authorized by NC DEMLR (SW8 190701) on 7/16/19. Additional authorizations that have been obtained include a New Hanover County (NHC) Land Disturbance Permit (29-19) issued on 1/17120, a NHC stormwater permit (784-12/20/19) issued on 12/20/19 and a NHC Special Use Permit for marina construction (Z17-09) issued on 1/24/20 (Attachment 0). The application indicates that the Cape Fear Public Utility Authority sewer services are not yet available to the subdivision. Onsite septic is proposed for the development of the amenities on the spoil island. The applicant has stated that comments from the NC State Historic Preservation Office and the US Fish and Wildlife Service from the previous permitting process indicated that the proposed work would not likely adversely impact RECEIVED APR 15 2020 DCM-MHD CITY Preservation Point Partners c/o Scott Rye Page 3 the adjacent resources. Previous authorization for wetland impacts were mitigated by payment to the NECFR Umbrella Mitigation Bank (NECFRUMB) (Appendix L), it is not clear if all impacts have been completed at this time. The Wilmington -New Hanover County LUP classifies the upland areas of the project site as General Residential and the open water as Conservation. The waters of the NECFR are classified as SC; Sw and the waters of Smith creek as classified as C;Sw by the NC Division of Water Resources (DWR). The NC Division of Marine Fisheries (DMF) has designated this area of the NECFR as Primary Nursery Area, but Smith Creek is designated as inland waters, and not designated as a PNA. Both areas are closed to the harvesting of shellfish. The USACE federally maintained navigation channel is located approximately 830 ft. waterward of the NHW level. The width of the river in the project location is approximately 1320 ft. across the river. PROPOSED PROJECT: The applicant is proposing to construct a 133 unit subdivision, open pavilion and amenity area, boardwalks and a 98-slip community marina within the NECFR, including with two kayak launches within Smith Creek and an un-named tributary, adjacent to the NECFR. The applicant proposes an open water marina that would serve the proposed upland subdivision. The main high ground portion of the project is included in this project application, however, the majority of the wetland impacts are already previously authorized under the aforementioned permits from the USACE and the NCDWR. The proposed upland development includes 133 residential unit subdivision infrastructure including: roads, utilities, stormwater system and land clearing resulting in a total of approximately 55 acres of disturbance. An 0.1 acre (4263 sq. ft.) of permanent Section 404 wetland impact is being proposed for a 36 ft. by 46 ft. scour hole and two areas of rip rap measuring 8 ft. by 10 ft. and 16 ft. by 22 ft. for stormwater conveyance. A road crossing is also proposed for an additional 2372 sq. ft. of impact for a total of 0.48 acres of cumulative permanent wetland impacts project wide (see Narrative, MP-2, Sheet CW-1, Sheet CW—DI and Appendix F). The applicant estimates that there will be approximately 0.81 acres of temporary wetland impacts project wide. The applicant is currently proposing to purchase an additional 0.2 acres of riparian restoration credit from the (NECFRUMB) for the additional proposed impacts. The application states that approximately 24.5% of the entire project area would be covered by impervious and/or built upon area. As proposed the upland development would be located outside the 75 ft. Estuarine Shoreline Area of Environmental Concern (AEC). From the high ground a 1627 ft. long by 10 ft. wide boardwalk is proposed beginning between lots 2- 41 and 2-42 to connect the subdivision to the spoil island where the amenity area is being proposed. A 15 ft. by 15 ft. gazebo is proposed on the west side of the boardwalk adjacent to the beginning of the boardwalk. This gazebo would shade approximately 56 sq, ft. of Section 404 wetland area and would be elevated 4 ft. above the wetland substrate as would the entire boardwalk that spans wetland area. The proposed boardwalk would span over both Section 404 and Coastal Wetland Areas (see Sheets 1-1, A-1 and A-2). The applicant has included a letter from the New Hanover County fire department indicating that the boardwalk would need to be 10 ft. in width to meet code (Appendix M). There is an approximately 10 ft. wide section of navigable water that will be spanned with a minimum of 6 ft. of clearance above NHW to allow continued navigation (see Sheet A-1 profile). The applicant is proposing a 20 ft. wide temporary construction corridor with 10 ft. being the boardwalk template and the other 10 ft. adjacent to the boardwalk for potential wetland impacts. The proposal states that logging mats would be used to cross wetlands and that any impacted areas would be returned to the original grade and contour. The proposed boardwalk would terminate at the spoil island and would lead to two mulct circumnavigating the spoil island and providing access to the proposed kayak launches APR 15 2020 __DCNFNND_CI TY_ Preservation Point Partners c/o Scott Rye Page 4 outdoor pavilion (see Sheet 1-2). Walking paths are also proposed throughout the spoil island. The northern cart path would lead to a canoe/kayak launch adjacent to an unnamed tributary, which is approximately 56 ft. wide in this area (see Sheet B-1). A 23 ft. long by 13 ft. wide (299 sq. ft.) kayak storage area is proposed on the high ground to the south of the proposed pier. A 9 ft. long by 19 ft. wide (171 sq. ft.) gazebo is proposed on the high ground leading to a 231 ft. long by 6 ft. wide pier spanning both Section 404 and Coastal Wetlands. The pier would terminate in an 18 ft. long by 8 ft. wide T-head with two 8 ft. long by 3 ft. wide floating docks on either side oriented perpendicular to the shoreline. This unnamed tributary is not designated as a PNA and water depths are approximately - 1.5 ft. at NLW. The southern path would also lead to a canoe/kayak launch with an additional 23 ft. long by 13 ft. wide (299 sq. ft.) kayak storage area to the north of the proposed pier, this launch is adjacent to Smith Creek within a mosquito ditch that measures approximately 43 ft. across (see Sheet C-1). An additional 9 ft. long by 19 ft. wide (171 sq. ft.) gazebo is proposed on the high ground in this location leading to a 216 ft. long by 6 ft. wide pier spanning both Section 404 and Coastal Wetlands. The pier would terminate in an 18 ft. long by 6 ft. wide L-head with one 8 ft. long by 3 ft. wide floating dock to the west oriented perpendicular to the shoreline in water depths of less than -1 ft. at NLW. The proposed kayak dock would not exceed '/4 width of the waterbody and Smith Creek is not designated as a PNA. Both northern and southern cart paths lead to the proposed 55 ft. long by 100 ft. wide open air pavilion on the western side of the spoil island. Other proposed amenities on the high ground of the spoil island include a 1,407 sq. ft. miniature golf course and two 44 f.t long by 20 ft. wide pickle ball courts. According to the applicant the total BUA for the amenities area would be 9,832 sq. ft. Mulched parking areas are located adjacent to the kayak launch piers, the pickle ball courts and the proposed outdoor pavilion (see Sheet 1-2). A path leading from the open air pavilion to the marina would terminate at the wetland line. As proposed the upland development would be located outside the 75-foot Estuarine Shoreline Area of Environmental Concern. A fixed pier measuring approximately 330 ft. in length by 10 ft. in width, with a 20 ft. wide temporary construction corridor within the wetland areas, would cross wetland areas to access the proposed community marina. Approximately 320 ft. of the marine docking facility extends below NHW. The pier would lead via access ramp to a floating dock, extending into the NECFR, measuring approximately 101 ft. long by 10 ft. wide in water depths ranging from —2.2 ft. —9.5 ft. at NLW. This floating dock terminates at a 909 sq. ft. long by 10 ft. wide main floating dock, oriented parallel to shoreline, that provides access to the proposed 98 boat slips (see Sheets D-1 and D-2). As proposed, 48 floating finger piers, each measuring approximately 30 ft. to 50 ft. in length by 4 feet in width would extend both waterward and landward from this main floating dock spine, and would be spaced approximately 30ft.- 50 ft. feet apart with a total of 63 tie pilings. Two 85 ft. long by 8 ft. wide floating docks are proposed at the northern and southern ends of the access float. The proposed slips would accommodate approximately 98 designated vessels ranging from 20 feet to 45 ft. in length in water depths ranging from -9 ft. to -13 ft. at NLW. The applicant is also proposing to construct two approximately 150 feet in length by 1 feet in width "debris deflectors" or breakwaters adjacent to the north and south end of the marina. (see Sheets D- 1 and D-2). The proposed debris deflectors would be located approximately 350 ft. waterward of NHW at the farthest point point. The proposed debris reflector would be constructed of vertical pilings with 10" horizontal pipes, the pipes pipe would be attached to the pilings, float from just above the water level, and extend approximately 5 ft. below the NLW level. The vertical support pilings would be painted along the water level with reflective paint. As proposed, the breakwater would extend waterward of the proposed marina and the southernmost deflector appears to be approximately 22 ft. beyond the %width of the NE CFR in this area. As proposed, the marina would extend approximately 320 ft. into the NECFR. The submitted application indicates that the width of waterbody is approximately 1285 feet across the NECFR at the RECEIVED APR 15 2020 DCM-MHD CITY Preservation Point Partners c/o Scott Rye Page 5 project location. The %. waterbody width setback shown on the submitted work plan drawings appears accurate. As proposed, the open water marina does not appear to exceed the % width limitation, but the proposed southern debris deflector is just beyond the 1/4 width. Further, the application states that all proposed structures would meet the USACE setback requirement. ANTICIPATED IMPACTS: The proposed community marina and Kayak Launches would incorporate approximately 30,317 sq. ft. of Estuarine Waters and Public Trust Area, which includes the marina, access piers and kayak launches. As proposed, the marina does not appear to exceed the '% width limitation. As proposed, the open water marina configuration would accommodate up to 98 permanent vessels. The application states that the existing water depths in the location of the proposed marina ranges from -9 feet to -13 feet @ MLW, depths have been field verified. The proposed breakwater structure would extend approximately 350 ft. into the waterbody and would incorporate 300 sq. ft. of open water area. This area of open water within the NECFR is known for strong currents, especially when exacerbated with prevailing winds, so it may be worth noting this as a safety concern, and may require future modifications of the current configuration. The proposed development would shade approximately 22,619 sq. ft. Section 404/Coastal Wetlands. High ground development on the spoil island would impact an additional 9,832 sq. ft. of area. An additional approximately 4,263 sq. ft. (0.10 acres) of Section 404 wetlands are proposed to be permanently impacted. As stated, the proposed upland development and previously authorized upland development would result in approximately 56 acres of disturbance and approximately 24% of the entire tract would be covered by impervious and/or built upon area. As proposed the upland development would be located outside the 75 ft. Estuarine Shoreline Area of Environmental Concern (AEC). Submitted by: Tara MacPherson Date: 4/8/20 Office: WilmingtonRECEIVED APR 15 2020 iDCM-MHD CITY jouthern environmental GrouF, Inc. S i i i South College Road. Suite r Wilmington, NC 20412 Piwne: 9 i 0.432.2? � I �ac a i 0.4322899 Web: www.xg.ua 12 February 2020 Hand Delivery NC Department of Environmental Resources Division of Coastal Management Attn: Mr. Tyler McGuire 127 Cardinal Drive Extension Wilmington, NC 28403 Re: CAMA Major Permit Application Preservation Point Residential Subdivision and Marion Facility 1505 Castle Hayne Road, New Hanover County Dear Tyler, FEB 13 2020 Project #:07-007.02 Southern Environmental Group, Inc. (SEGi), on behalf of Preservation Point Partners, LLC (see Attachment 1), is submittingthe attached CAMAMajor Permit Application, with associated supporting information and documentation (Attachment 2) and Four Hundred Dollar ($400.00) CAMA Major Permit Filing Fee (see Attachment 3), for the proposed "Preservation Point" single-family subdivision project. A CAMA Major Permit is being sought to authorize work and structures that are to take place within the NC Division of Coastal Management's Estuarine Shoreline Area of Environmental Concern and Public Trust Waters and Lands, as well as within the US Army Corps of Engineers' Section 404 wetlands. It is our hope that the information found within and attached to the application is sufficient, for the DCM and other permitting agencies, to process the request for authorization to perform the proposed work. However, should you have questions or concerns, please call me at 910.228.1841. Thank you, in advance, for your time and assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Regulatory Specialist Attachments (3) RECEIVED DCM WILMINGTON, NC FEB 1 3 2020 RECEIVED APR 15 2020 joutkern environmental c3roup, Inc. s 51 s 50utk College Road, Suitt E Wl.mgton, NC 28+1 2 rkone: 910.+91.271 . Fax: 91 OhS 1.2999 'Web: wwwsegi.us Preservation Point CAMA Major Permit Application Supporting Documentation Preparedjor Preservation Point Partners, LLC 9827 Cogdill Rd Ste I Knoxville, TN 37932 Prepared by Southern Environmental Group, Inc. RECEIVED 5315 South College Road, Suite E Wilmington, NC 28412 APR 15 2020 DCM-MHD CITY Date RECEIVED 10 February 2020 MAR 0 9 2020 Preservation Point CAMA Major Permit `F Cii Introduction: Southern Environmental Group, Inc. (SEGi) has been retained by Preservation Point Partners, LLC, herein referred to as "Applicant", to secure a CAMA Major Permit for four (4) water dependent structures, which will encroach over Public Trust Waters and Lands, and impacts to Section 404 wetlands, which are necessary to facilitate the installation of infrastructure that will serve a 133 lot, single-family subdivision, to be known as "Preservation Point". The following information is being submitted in support of the NC Division of Coastal Management's CAMA Major Permit Application. Parcel Information and Project Location: The project is located at 1505 Castle Hayne Road, in the incorporated area of Castle Hayne, in New Hanover County, North Carolina. Five (5) parcels of land, encompassing approximately 246.34-acres, are included in the project area (see Appendix A). The following table provides the New Hanover County (NHC) Property Identification Numbers, Deed Book, and Page and other relevant information associated with each parcel: Tract Parcel ID Size (AC) Owner Deed (Book/Page) 1 R04100-001-002-000 +/- 199.0 Preservation Point Partners, LLC 6194 / 1992 2 R04100-001-016-000 +/-10.06 Preservation Point Partners, LLC 6201 / 1738 3 R04100-001-015-000 +/. 20.02 Preservation Point Partners, LLC 6201 / 1738 4 R04100-001-028-000 +/- 0.25 Preservation Point Partners, LLC 6201 / 1739 5 R04100-001-150-000 +/. 18.01 Preservation Point Partners, LLC 6184 / 1992 Table I Parcel Summary One can find the project site by heading west, on Martin Luther King (MLK) Parkway, to US Hwy 133 North (i.e. Castle Hayne Road). The site is located on the left, approximately 0.20 mile, north of the exit ramp. Please see attached vicinity map (Appendix B). Site Information: The project site abuts the Northeast Cape Fear River (NECFR), to the west, and Smith Creek, to the south. The waters of the NE Cape Fear and Smith Creek are classified as SC;Sw and C;Sw respectively, by the North Carolina Division of Water Resources (DWR (see Appendix Q. The N.C. Division of Marine Fisheries (DMF) has designated this portion of the NE Cape Fear River as Primary Nursery Area (PNA) and a coastal waterbody, while Smith Creek is not designated as PNA and is an inland waterbody (see Appendix r)). According to the North Carolina Division of Health, Shellfish Sanitation Section (HSS), in the area of the proposed marina, waters are closed to harvesting shellfish (see Appendix E). The NECFR is approximately 1285' wide, and a USACE federally maintained navigational channel and turning basin are located in front of and north of the spoil island (see Appendix F). The majority of the property is zoned R-15 and Conditional Use (CUD), while the remainder is zoned commercial, by New Hanover County Planning and Zoning (see Appendix G). The spoil island and part of all the tracts are within the AE9 and X Flood Hazard zones (see Appendix P). Marina and Spoil Island — On 3 February 2020, SEGi with the DWR and DCM evaluated the spoil island. There are two patches of coastal marsh vegetation along the island's river edge (see Appendix F). However, Smooth cordgrass (Spartina alterni/lora), Giant cordgrass (Spartina cynosuroides) and Sawgrass (Cladium jmnaicens) surrounds the the spoil island on all other sides. The spoil island has a maximum elevation of 10', above Mean High Water (MHW). High ground vegetation consists primarily of American Holly (Ilex opaca), Laurel Oak (Quercus laurifolia), and loblolly pine (Pines taeda). The understory vegetation consists of wax myrtle (Myrica cerifera) and Yaupon (Rex vomitoria). The fringe of the spoil island was delineated by SEGi and was determined to be US Army Corps Engineers (USACE) 404 jurisdictional wetlands. Vegetation consisted of reed grass (Phragmites australis), Southern Waxmyrtle, Loblolly Bay (Gordonia lasianthus), Fasten Baccharis (Baccharis halmifolia), Canebrake (Arundinaria gigantea), Fetterbush (Lyonia lucida), and Cat greenbier (Smilax glauca). There is approximately 2400 feet of shoreline, that spans from the confluence of an unnamed tributary and the NECFR, to the north, to the confluence of the NECFR and Smith Creek, to the south. , is D RECEIVED - Page 2of26 (2/10/2020) MAR 09 Z020 APR 15 2020 - -- -AGM-MHD CITY Preservation Point CAMA Major Permit "jF c3i Mainland Project Area — The upland area of the residential development portion of the property is comprised of an undulating sand ridge that is surrounded by Headwater Forest and Swamp Forest. Pocosin and Basin wetlands can be found within the interior of the site (see Appendix H). Pocosin Pocosin are a type of palustrine wetland, with deep, acidic, sandy, peat soils. Groundwater saturates the soil except during brief seasonal dry spells and during prolonged droughts. Tree Stratum consists of pond pines (Pinus serotina), water oak (Quercus nigra) and loblolly bay (Gordonia lasianthus), while gallberry (Ilex coriacea), titi (Cyrilla racemii fora) and swamp bay (Persea palustris) make up the sapling/shrub stratum. Basin Basin Wetlands are natural depression that are surrounded by uplands or occur on the edges of small lakes or ponds. They tend to be wet for only part of the year and can dry up during the warmer months. Water oak and pond pines border the features. Herbaceous species vary depending on presence of surface water. Headwater Forest Headwater Forests are located above and drain to small streams, which function as natural drainage features in the landscape. Tree stratum consists of water and black oaks, red maple (Ater rubrum) and sweetgum (Liquidambar slyracii lua). Riverine Swamp Forest Riverine Swamp Forests are typically found along the wettest portions of large river floodplain and can be found on mineral or organic soils that experience seasonal to semi -permanent flooding. This flooding generally occurs from tides, and, to a lesser extent, groundwater and overland runoff from rain. Bald -cypress (Taxodium distichum) and black gum (Nyssa sylvatica) are present, along with cattail (T. latijolia). Project History: SEGi has been involved with this project since its inception, in 2007 and when it was owned by Water Tree Properties NC, LLC. Since that time, the project has been acquired by the Applicants and has grown in size, but the purpose and need has not changed. Two DEQ Scoping Meetings were held, with the commenting agencies, in 2007 and 2019 (see Appendix I for 2019 Seeping Meeting Summary). Comments received during those meetings were taken into consideration, when preparing the site plan and CAMA Major Application. The following table provides i. summary of local, state and federal permits that are either being sought or have been issued, for this project: Agency Permit Permit Number Issued Expires NC DEMLR High & Low Density Stonnwater Permit (Mainland) SW8 190701 7/16/2019 7/16/2027 NHC NHC Land Disturbance Permit (Grading/ESC) 29-19 1/17/2020 None NC DWR WQCs 4135 & 4139 2019-0554 V 1 6/11/19 With NWPs USACE NWPs 14 & 18 SAW-2019-00719 6/10/2019 3/19/2022 USACE PJD SAW-2019-00719 6/10/2019 3/18/2022 USACE JD SAW-2007-03781 8/4/2009 8/4/2014 NHC NHC Stormwater Permit 784-12120119 12/20/19 NA NHC Special Use Permit (Marina) Z17-09 124/2020 NA SHPO Environmental Review ER 07-1035 & ER 19-1706 Varies NA NHC Rezoning Z19-06 6/192019 NA Table 2 Preservaaon Point Regulatory Action Sumnwp- Copies of those permits have been included with Appendix. In June 2019, the Applicant secured USACE and DWR authorization, in the form of Nationwide Permits 14 & 18 and Water Quality Certification respectively (see Appendixes J and K). These permits authorized the permanent fill of 0.379- RECEIVED Page 3of26 (2/10/2020) MAR 09 2020 APR 15 2020 DGM-- lIHD-Cn Y Preservation Point CAMA Major Permit 9F Gi acre and temporary impact of 0.15-acre of Section 404 wetlands, for the purpose of facilitating the construction of roads and installation of infrastructure, such as water and sewer lines. During the permitting process, through the USACE and DWR, Cultural and Natural Resources, as well as Threatened and Endangered Species evaluations were conducted, and the work reviewed by the NC State Historic Preservation Office (NC SHPO) and the US Fish and Wildlife Service (USFWS). Both the NC SHPO and the USFWS found that proposed work would not likely adversely affect the resources they are trying to protect. As mitigation for the wetland impacts, the Applicant was required to make payment to the NECFR Umbrella Mitigation bank, for 0.758-acre of riparian wetland restoration credit. The mitigation for the impacts has been fulfilled (see Appendix L) and the impacts have taken place. Site Conditions: Currently, the Applicant is undertaking land disturbing activities that are associated with the mainland development. This work includes logging, where necessary, and installing roads and utilities. Previously authorized impacts to wetlands have been completed, in accordance with the USACE and DWR authorizations. The spoil island remains undisturbed. Project Purpose and Need: The purpose of this project is to construct a 133 lot, single-family subdivision, with community boating facility and other amenities, which will provide housing in a rapidly growing area of New Hanover County, North Carolina. The proposed marina and other water dependent structures will provide future homeowners access to Public Trust Waters. Project Description: The project can be broken down into two areas: 1) spoil island and 2) mainland upland development. Work associated with the spoil island consists of a boardwalk, with one covered, observation platform, two (2) kayak launches, 98 slip marina, open air pavilion, golf cart paths, with parking areas, and walking/bicycle trails. The mainland upland development consists of installing roads and infrastructure that will support the 133 single-family subdivision. See Appendix F, for details of the proposed project. Spoil Island Spoil Island Amenities Area —The spoil island will be converted to an active space, amenities center, complete with open air pavilion, pickleball courts, miniature golf course, two gazebos, two kayak storage units and golf cart paths and walking trails. The upland area of the island will be cleared of smaller underbrush and select trees, graded and landscaped to meet the needs and vision of the Applicant's project. The site plan denotes that all golf cart paths and bicycle/walking trails, that meander their way through, and around, the entire island, shall be mulched. The following table summarizes the proposed built upon area (BUA) for the amenities center. Component Description Length (Ft) Width (Ft) SF #1 Open Air Pavilion 100 55 5500 #2 Kayak Storage(N) 23 13 299 #3 Gazebo(N) 19 9 171 #4 Kayak Storage (S) 23 13 299 #5 Gazebo (S) 19 9 171 #6 Pickleball Courts (2) 44 20 1760 #7 Miniature Golf Varies Varies 1407 Total BUA 9607 Table 3 Amenities Center Proposed BUA No permanent impacts to USACE 404 jurisdictional wetlands are anticipated with the proposed structures and amenities, on the spoil island. However, to facilitate the island work, heavy machinery will need to cross Section 404 wetlands. To ensure unauthorized impacts to wetlands do not take place, while unloading/loading machinery and/or materials onto/off of the island or while constructing the fixed dock leading to the marina facility, a 20' x 200' (4000 SF) temporary construction corridor has been incorporated into the plan. Logging mats will be used, when crossing this area. For details of the spoil island amenities and location of temporary construction corridor, see Sheet RECEIVED Page 4 of26 (2/10/2020) MAR 0 9 2020 APR 15 2020 DCWMHD CITY- Preservation Point CAMA Major Permit SEGi 1-2, of Appendix F. Boardwalk & Observation Platform (B) — The proposed plan consists of constructing a 10' wide by 1627' long boardwalk, which will extend from the west side of the mainland to the east side of the spoil island, will be elevated 4 feet, above any wetland substrate, and at least 6 feet, above those areas where the structure spans navigable waters (mosquito ditches). The proposed structure will be pile supported, without footers, slatted and with pilings adequately spaced so as to ensure the movement of water is not impeded. One covered, observation platform, with dimensions of 15' x 15', as measured from the drip line, is included in this plan. Conventional construction methods and materials will be used to construct the structure. Where possible and necessary, logging mats will be used to cross wetlands. This measure should ensure rutting and incidental filling of the resources does not take place. However, to ensure unauthorized impacts to wetlands do not occur, a 20' wide temporary construction corridor, running the length of the boardwalk, has been incorporated into the plan. This area measures 31,320 SF (0.72 AC). Should impacts occur, the area(s) will he returned to their original grade and contour and allowed to revegetate naturally. The boardwalk will not only be utilized by pedestrians, but also by residents using bicycles and golf carts. The width of the structure was dictated by the New Hanover County Fire Department (see Appendix M). The table below summarizes the proposed components of the boardwalk: Component Description Fixed/Floating I Length (Ft) I Width (Ft) SF Bl-A Boardwalk Fixed 550 10 11000 Bl-B Boardwalk Fixed 550 10 5500 Bl-C Boardwalk Fixed 527 10 5500 B-2 Pile Supported Gazebo Fixed 15 IS 300 Table 4 Boardwalk Components Summary For details of the boardwalk, see Sheets A-1 and A-2, of Appendix F. Kayak Launches — The Applicant is proposing to incorporate two (2) canoe/kayak launching facilities, one on the north side and another on the southeast side of the spoil island. The structures will span USACE Section 404 jurisdictional wetlands and coastal wetlands. The piers leading to the launching areas will be constructed out of slatted wood, with pilings adequately spaced, so as not to accumulate sediment, and will be elevated at least 3' above the substrate. For details of these structures, see Sheets 13-1 and C-1, of Appendix F. The first kayak launch (KLI) will be located on the north side of the spoil island and will encroach approximately 14' into an unnameu tributary, to the NECFR, that measures 56.1', from marsh line to marsh line. Kayak launch #2 (KL2) will be located on the southeast side, of the island, and will encroach approximately 8.0', into a mosquito ditch that measures 34.1' across. Due to the lack of water at low tide, stops will be utilized to keep the floating 8' x 3' dock from resting on the bottom. Each structure will consist of the components summarized in Tables 4 & 5, below: Component Description Fixed/Floating Length (Ft) Width (Ft) SF KLI-1 Pier Fixed Z:1 6 1386 8 144 KLl-2 Platform Fixed 8 KLl-3 Dock Floating 8 3 24 KLI4 Dock Floating 8 3 24 Table 5 Kayak Launch Of Components Summary Component Description Fixed/Floating Length (Ft) Width (Ft) SF KL2-1 Pier Fixed 216 6 1296 KL2-2 Platform Fixed 18 6 109 KL2-3 Dock Floating (w/stops) 8 3 24 Table 6 Kayak Launch #1 Components Summary For details of the kayak launches, see Sheets B-1 and C-1, of Appendix FRECEIVED Page 5 of 26 (2/1012020) MAR 0 9 2020 APR 15 iDCM-MHD CITY Preservation Point CAMA Maior Permit ` F Cl i Marina — A 10' wide, fixed pier will extend waterward 330', from the uplands on the west side of the spoil island, and will be connected, via a gangway, to a 10' wide by 101' long floating dock. The floating dock will terminate at e 10' x 909' T-Head that will serve as the spine, off which 48, varying lengths, finger piers will extend. Two (2) 85' x 8' floating platforms will anchor the T-head, one on each end, and will be used for day docking and loading/unloading only. To protect the marina structure and the vessels using it from floating debris, two (2) debris 150' x I'deflectors have been incorporated into the plan. They will be positioned diagonally and approximately 29 LF to/from M-I and M-3 components (please see Sheet D-1 of Appendix F, for details of the debris deflector). The table below summarizes the components associated with the marina facility: Component Description Fixed/Floating Len (Ft) Width (Ft) SF M-1 Platform Floating 85 8 620 M-2 T-head Platform Floating 909 10 9090 M-3 Platform Floating 85 8 680 M-4 Pier Floating 101 10 1010 M-5 Pier Fixed 330 10 3300 M1 Debris Deflector Floating 150 1.0 150 M-7 Debris Deflector Floating I50 l.0 150 Table 7 Marina Facility Component, Summary Water depths along the back of the proposed structure range from approximately -6.0' to -11.0' MLW. Water depths waterward of the structure range from approximately -8.0' to -13.0' MLW. Therefore, dredging is not required for the proposed project. The proposed structure will extend out approximately 290 linear feet, from the edge of the marsh and will not encroach into either the federally maintained channel or beyond %4 of the width of the waterbody (i.e. 321.25 linear feet, from marsh line). Due to the extensive length of shoreline this property has, staying outside the riparian corridor was not a problem. The structure will be more than 300' south of the northern unnamed tributary and more than 1100' north of the mouth of Smith Creek. Conventional construction methods and materials will be used. To ensure unauthorized impacts to wetlands does not take place, while constructing the fixed pier, The Applicant proposes to use logging mats. However, if this becomes impracticable, a 20' wide temporary construction corridor is being incorporated into the plan. The corridor encompasses 4,000 SF (0.09 AC). If impacted, the area will be returned to its original grade and contour and allowed to revegetate naturally. Please refer to Sheet D-1 of Appendix F, for details of the proposed marina structure. To ensure protection of the West Indian manatee (Trichechus manatw), the work will be undertaken between November 1 and May 31. If this is not possible, the Applicant will adhere to the US Fish and Wildlife's guidance entitled "GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE, Precautionary Measures for Construction Activities in North Carolina Waters" (see Appendix N). To ensure sanitary waste is disposed of properly, a portable pump out machine will be located at the amenities center pavilion. Additionally, signage will be placed in several locations on the marina structure. The Applicant is not aware of any navigational aid requirements, but is willing to incorporate the measures, as instructed by the US Coast Guard. Mainland Develooment Mainland development consists of completing the installation of roads and infrastructure, such as sewer, water and stormwater measures, and final grading of common areas (see Appendix F). Large machinery, such as dump trucks, backhoes, excavators and front-end loaders will be used to perform the work. When not in use, the machinery will be stored in uplands, within the project boundaries. Approximately 20.84 AC of land disturbance and is proposed with this project. As mentioned in the Project History section, the project has received USACE and DWR authorizations to permanently impact 0.379-acre temporarily impact 0.015-acre of riparian wetlands. However, after obtaining better topographic survey data and meeting with Duke Energy, it was determined that stormwater measures were not adequately designed to convey stormwater, at a non -erosive rate, and a section of road was proposed to cover Page 6of26 (2/10/2020) RECEIVED MAR 09 2020 APR 15 2020 Cc 1 u:, ; ::"Tw, r.c DCM-MHD CITY Preservation Point CAMA Major Permit 15EGi overhead transmission line guy wires that are buried 20 foot below grade. To correct these issues, the engineer incorporated a 36' x 46' scour hole, at Impact Areas A, a 8' x 10' rip -rap, energy dissipator, at Impact Area B, and a 16' x 22' rip -rap, energy dissipator, at the downstream end of the culverts, at Impact Area C into the plan, and realigned the roadway, at Impact Area D, to eliminate improvements directly above the electrical components. Unfortunately, the work will require permanently placing fill material within 0.097-acre of Headwater Forest Wetlands, which will result cumulatively impacting 0.476-acre of wetlands, for the entire project. See Appendix F, for the proposed site plan and wetland impact areas. To minimize wetland impacts, the Applicant proposes to utilize logging mats, when constructing the boardwalk and marina dock, and when mobilizing machinery and materials to and from the island. However, in the event that logging mats are not feasible, the Applicant has incorporated a 20' wide construction corridor, along the length of the boardwalk (components B-IA — B-IQ and the fixed dock to the marina (M-5). The corridors encompass approximately 35,320 SF (0.81 AC). In these areas, wetlands may be temporarily impacted. If so, they will be returned to their natural grade and contour and allowed to revegetate naturally. See Appendix F, for details of the proposed construction corridors. Impact Area Description Temp (T)/Perm(P) Dimensions SF/AC A Scour Hole P Headwater Forest 36' x 46' 1459 SF / 0.033 AC B Energy Dissi ator P Headwater Forest 8' x 10' 80 SF / 0.001 AC C Energy Dissipator P Headwater Forest 16' x 22' 352 SF / 0.008 D Road Crossing P Headwater Forest 83' x 10' 2372 SF / 0.054 AC Boardwalk Construction Corridor T Coastal Wetlands 1566' x 20' 31,320 SF / 0.72 AC Marina Construction Corridor T I Tidal Marsh (Phragmires) 200' x 20' 4000 SF / 0.091 AC Total Permanent Impacts Total Temporary Impacts Total Cumulative Permanent Impacts 4263 SF / 0.097 AC 35,320 SF / 0.81 AC 20,772 SF / 0.476 AC The Applicant avoided wetland impacts by limiting the need for the impacts to roads and utilities only. Additionally, sediment and erosion control measures, such as silt fence and sediment traps, will be installed prior to land disturbing activities that take place within 50' of a wetland or where there is a potential for sediment to discharge into wetlands or outside the project limits. And lastly, during the design process and to avoid impacting submerged lands, the Applicant positioned the marina structure in an area where water depths are adequate for vessels anticipated to utilize the facility and, therefore, omitting the need for dredging. As mitigation for the additional impacts to Section 404 wetlands, the Applicant is proposing to purchase 0.20-acre of riparian wetland restoration credit, from the NE Cape Fear Umbrella Mitigation Bank (NECFUMB), to offset the loss of function (i.e. physical, biological and chemical processes) anticipated to take place with the additional proposed impacts. The applicant has also raised the 10' wide boardwalk, to minimize the effects of shading. Adjacent Riparian Property Owners: As per I SA NCAC 07J .0204(b)(5), the Applicant shall notify, by US Postal Service Certified Mail, the adjacent riparian property owners (ARPOs) of the proposed work. According to the New Hanover County GIS Map, the ARPOs to this project are: Map Number Parcel ID Owner Mailing Address 1 R04100-001-001-000 Hough, Henry D. 517 Kelly Rd., Wilmington, NC 29409 2 R04100-001-004-000 EW Godwin Sons, Inc. PO Box 1806, Wilmington, NC 28402 3 R04100-001-008-000 EW Godwin Sons, Inc. PO Box 1806, Wilmington, NC 28402 4 R04100-001-009-000 Ikaros, Inc. 9 Shore Drive, Wrightsville Beach, NC 29480 5 RO4100-001-011-000 Bemmn & Sons 1417 CHR Properties, LLC PO Box 919, Whitevil T - Page 7of26 (2/1012020) RECEIVED MAR 092020 APR 15 2020 ,, .. =%C DCM-MHD CITY Preservation Point CAMA Major Permit 5E6i 6 R04100-001-149-000 Corbett Package Co. PO Box 210, Wilmington, NC 28402 7 R04100-001-012-000 1505 Castle Hayne Road Land, LLC 30 Bitmore Rd., Whiteville, NC 28472 8 R04100-001-035-000 Parker, Nell 306 Palmetto Rd., Wilmington, NC 28401 Table 9 ARPO Information See Appendix O, for maps of the ARPO properties, the returned certified mail green cards and signed notification form, from EW Godwin' Son, Inc. and Corbett Package Co. Summary: In summary, the Applicant is seeking approval, in the form of a CAMA Major Permit, to perform work that will take place within the Estuarine Shoreline Area of Environmental Concern and within and over Public Trust Waters. The proposed work consists of upland development, including the filling of 0.097 of Section 404 wetlands and the construction of several structures that will support Preservation Point's amenities center, and water dependent structures, such as kayak launches and a marina. Mitigation, to offset the loss of wetland function, will be fulfilled through purchasing wetland restoration credits, from a private mitigation bank. The proposed work is consistent with the current rules and regulations of the NC Coastal Area Management Act, as well as the state and federal Clean Water Act, and is considered to be the least environmentally damaging practicable alternative. RECEIVED Page 8 of26 (2/10/2020) RECEIVED MAR 0 9 2020 APR 15 202�CrA w .:GTCN, NO DCM-MHD CITY Page 1 of 5 (2/102020) DCM MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGF.MFNT Applicant 1 First Name MI Last Name Scott Rye (Principal) Applicant 2: First Name MI Last Name Matt Logue (Contact) If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 9821 Cogdill Road, Suite 1 Knoxville TN ZIP Country Phone No. FAX No. 37932 US -912-2334390 - ext. Street Address (if different from above) City State ZIP mail rrtta�t��t� matt@llcinvest.com kteW�• ontractor Information Business Name SOUTHERN ENVIRONMENTAL GROUP, INC (SEGI) Agent/ Contractor 1: First Name MI Last Name DANA A. LUTHERAN Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 5315 SOUTH COLLEGE ROAD, SUITE E WILMINGTON INC ZIP Phone No.I Phone No. 2 26428 910.452.2711 -- ext. 910.228.1841 (Preferred)- ext. FAX No. Contractor 0 910.452.2899 NA Street Address (if different from above) City State ZIP SAMEASABOVE - Email dlutheran@segi.us RECEIVED RECEIVED MAR 2 a 7071 APR 15 2020 DCM WILMINGTON, NC oCM-IMHD CITY 252-808.2808 .. 1.888.4RCOAST .. www.ncconstaimanagement.net Lo County (can be multiple) Street Address State Rd. # NEW HANOVER COUNTY 1505 CASTLE HAYNE RD. HWY 133 & 117 Subdivision Name City State Zip Preservation Point WILMINGTON NC - Lot No.(s) (d many, attach additional page with list) Phone No. R04100.001-002-000. R04100-001.016-000, R04100-001-015-000 NA-- ext. R04100-001-028-000, R04100-001-150.000 (SEE SUPPLEMENTAL INFORMATION) a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CAPE FEAR RIVER (CATALOGING UNIT 030030005) CAPE FEAR RIVER c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. �ulif7at Manmade Unknown CAPE FEAR RIVER a. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Yes ©o work falls within. NEW HANOVER COUNTY z TOtalngth of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 7Description LF (SEE ATTACHED PLAN) 234AC individual lot(s) SEE SUPPLEMENTAL INFORMATION d. Approximate elevation of tract above NHW (normal high water) or y lot sizes, please attach additional page with a list) NWL (normal water level) 25' (li�rNWLtion on tract SEE SUPPLEMENTAL INFORMATION f. Man-made features and uses now on tract THERE ARE NO MAN-MADE STRUCTURES ON THE PROPERTY AT THIS TIME. g. Identity and describe the existing land uses adjacent to the proposed project site. EXISTING LAND USE ADJACENT TO THE PROJECT SITE IS 1-2 (INDUSTRIAL DISTRICT) R-15 (RESIDENTIAL, 15,000 SF LOT SIZE) & R-20 (RESIDENTIAL, 20,000 SF LOT SIZE). (SEE ATTACHED SUPPLEMENTAL INFORMATION) It. How does local government zone the tract? i. Is the proposed project consistent with 11m applicable zoning? (Attach zoning R-15 compliance certificate, if applicable) W" No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. es No NA If yes, by whom? THE NC SHPO ISSUED A REVIEW OF THE SPOIL ISLAND IN 2008 (SEE ATTACHED). I. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or Yes o)NA eligible property? m. (i) Are there wetlands on the site? es No III) Are there coastal wetlands on the site? es No (III) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) No SEGI OBTAINED A USACE PJD ON 5/31/19 (SEE ATTACHED SUPPLEMENTAL INFORMATION) n. Describe existing wastewater treatment facilities. THERE IS NO EXISTING WASTEWATER TREATMENT FACILITIES WITHIN THE PROJECT LIMITS o. Describe existing drinking water supply source. THERE IS NO EXISTING SOURCE OF DRINKING WATER ON -SITE RECEIVED p. Describe existing storm,water management or treatment systems. MAR 2 2Q2Q THERE ARE NO EXISTING STORMWATER TREATMENT SYSTEMS IN PLACE. 4 RECEIVED DCM WILMINGTON, NC APR 15 2020 i. a. a Will the project be for commercialpublic, or private uses Commercial PubliclGovernment Private/Co iry b. Give a brief description of purpose, use, and daily operations of the project when complete. THE PURPOSE OF THE PROJECT IS TO PROVIDE MEDIUM SIZED HOUSING IN A RAPIDLY GROWING AREA OF NEW HANOVER COUNTY. USE OF THE PROJECT WILL BE BY FUTURE HOMEOWNERS. THE SUBDIVISION WILL BE A GATED COMMUNITY AND THE AMENITIES CENTER, MARINAAND KAYAK LAUNCHING DOCKS WILL BE OPERATIONAL 24 HOURS A DAY. SEE SUPPLEMENTAL INFORMATION FOR DETAILS. 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. HEAVY MACHINERY SUCH AS BACKHOE, FRONT END LOADERS, DUMP TRUCKS, AND GRADERS WILL BE UTILIZED DURING THE CONSTRUCTION OF ROADS AND IMPLEMENTATION OF INFRASTRUCTURE ON THE UPLAND AREA OF THE PROJECT. A PILE DRIVER WILL BE UTILIZED WHEN ERECTING PILINGS FOR THE WATER DEPENDENT STRUCTURES. THIS MACHINE WILL ARRIVE ON A BARGE AND WILL BE STORED ON -SITE UNTIL COMPLETION OF THE PROJECT. SEE SUPPLEMENTAL INFORMATION FOR DETAILS d. List all development activities you propose. THE APPLICANT IS PROPOSING TO CONSTRUCT PRIVATE 133-LOT AND 98-SLIP COMMUNITY BOATING FACILITY AT 1505 CASTLE HAYNE ROAD, IN THE CAPE FEAR TOWNSHIP SECTION, OF WILMINGTON, NEW HANOVER COUNTY, NC. WETLAND IMPACTS, IN THE FORM OF FILL MATERIAL, WILL BE REQUIRED TO PROVIDE ACCESS TO THE PROPERTY. THE APPLICANT SECURED NWPS 14 AND 18, FROM THE USAGE, AND A WATER QUALITY CERTIFICATION, FROM THE DWR, AUTHORIZING THE PERMANENT IMPACT OF 0.379-ACRE OF SECTION 404 WETLANDS, FOR THE INSTALLATION OF 7 ROAD CROSSINGS, AND THE TEMPORARY IMPACT OF 0.015-ACRE OF SECTION 404 WETLANDS, FOR THE INSTALLATION OF SEWER AND WATER LINES (SEE ATTACHED NWP AND WATER QUALITY CERTIFICATION). HOWEVER, AFTER OBTAINING ADDITIONAL TOPOGRAPHIC DATA AND MEETINGS WITH DUKE ENERGY, IT WAS DETERMINED THAT AN ADDITIONAL 0.097-ACRE OF WETLAND IMPACTS ARE NECESSARY. SEE SUPPLEMENTAL INFORMATION FOR DETAILS. THE RESIDENTIAL AREA, A TEN -FOOT (10') WIDE ACCESS BOARDWALK WILL EXTEND 1827' ACROSS THE WETLAND, TO THE UPLAND PORTION OF THE ISLAND, THE BOARDWALK AND ACCESS STRUCTURES WILL BE CONSTRUCTED ON PILINGS AND WILL BE MADE OF SLATTED WOOD. THE STRUCTURE WILL BE ELEVATED FOUR (4) FEETABOVE WETLAND SUBSTRATE, EXCEPT WHERE THE STRUCTURE PASSES OVER DITCHES/CANALS THAT EXHIBIT A NHW MARK AND ARE WITHIN THE WETLAND COMPLEX. IN THESE AREAS, THE STRUCTURE WILL BE ELEVATED SIX (6) FEET ABOVE MHW, TO ALLOW WATERCRAFT ROOM TO PASS UNDERNEATH. THE COMMUNITY BOATING FACILITY WILL BE ACCESSED VIA THE 7.45-ACRE UPLAND ISLAND. UPLAND PORTIONS OF THE ISLAND MAY BE USED AS PASSIVE RECREATION AND WILL CONTAIN A FEW DEVELOPED AREAS USED BY THE COMMUNITY, SUCH AS PICKLEBALL COURTS (2) AND MINIATURE GOLF COURSE. GOLF CART -PATHS AND A BICYCLE/WALKING TRAIL ARE PROPOSED TO MEANDER AROUND THE ENTIRE ISLAND. MULCH WILL BE USED FOR GOLF -CART PATHS AND PARKING ARES,AS WELLAS THE WALKING/BICYCLE TRAILS. THE APPLICANT PROPOSES TWO OPEN AIR, SINGLE -STORY 17 X 9' COVERED VIEWING PLATFORMS, TWO 23' X 13' KAYAK STORAGE UNITS, AND A 55' X 100' OPEN AIR PAVILION, WITHIN THE UPLAND AREA OF THE ISLAND. IN ADDITION, THE APPLICANT PROPOSES TO INCORPORATE TWO CANOEIKAYAK LAUNCHING FACILITIES. THE CANOES AND KAYAKS WILL BEABLE TO UTILIZE THE EXISTING CANALS, MOSQUITO DITCHES, AND OTHER WATERWAYS AS ROUTES FOR THEIR EXCURSIONS. THE PROPOSED BUILT UPON AREA FOR THE AMENITIES CENTER IS 9832 SF. THE UPLAND AREA OF THE SPOIL ISLAND CONTAINS 7.45 ACRES (324,522 SQ FT), AND THE IMPERVIOUS AREA PROPOSED IS 3.03%. FROM THE SPOIL ISLAND, A 10' X 330' FIXED PIER EXTENDS OUT TO A 10' X 101' FLOATING DOCK, WHICH TERMINATES INTO A 10' X 9D9' FLOATING T-HEAD, WHICH SERVES AS THE 98-SLIP COMMUNITY BOATING FACILITY. SEE SUPPLEMENTAL INFORMATION FOR DETAILS. e. Are the proposed activities maintenance of an existing project, new work, or both? NEW WORK f. What is the approximate total disturbed land area resulting from the proposed project? 55.0 +/- Acres g. Will the proposed project encroach on any public easement, public accessway or other area that the public has Yes R I D established use of? RECEIVED MAR 2 4 2020 APR 15 2020 DCM WILMINGTON, NC h. Describe location and type of existing and proposed discharges to waters of the state. THE SUBDIVISION WILL LOW DENSITY STORMWATER TREATMENT METHODS, TO TREAT STORMWATER PRIOR TO DISCHARGING INTO WATERS OF THE STATE (SEE ATTACHED STORMWATER PLAN). i. Will wastewater or stormwater be discharged into a wetlantl? <a No NA if yeswill this discharged water be of the some salinity as the receiving water? No NA there any mitigation proposed? If yes, attach a mitigation proposal. ® No NA 6. AdditionalInformadon In erldrtion to this completed application form, (MP-1) the following, Items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — M are always applicable to arty major development application. Please consult the application instruction booklet on how to properlyprepare the required items below ✓ a. A project tentative. b. An accurate, dated work plat (including plan mew and crass -sectional drawings) drawn to scaie. 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 site. ✓ d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. ✓ e. The appropriate application fee, check or money order made payable to DENR. g. A list of previous state orfederal permits issued for work on the project tract. Include permit numbers, permMe e, and issuing dates. USACE NWPAID # SAW-2019-00719AND USACE PJDAID # SAW-2007-04010, SAW-2007-03781, AND SAW-2009-04010 NC DWR WQC Pi 20190554 V1. SEE SUPPORTING INFORMATION FOR ADDITIONAL PERMITS AND COPIES. ✓ h. Signed consultant or agent authorization form, if applicable. (Attached)m i. Wettand delineation, if necessary. (See attached Supplemental Inforation) j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA 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 Environmental Policy Act. NA 7. CerdlPeadon and Permission to Enter on Land Map Num. bar Parcel lD Owner Mailing Address 1 R04100-001-007-000 Hough, Henry D. 517 Kelly Rd., Wilmington, NC 28409 2 R04100-001-004-000 L•W Godwin Sons, Inc. PO Box 1806, Wilmington, NC 28402 3 R04100-001-006-000 EW Godwin Soria, Inc. PO Box 1806, Wilmington, NC 28402 4 R04100-001-009-000 Ikaros, Inc. 9 Shona Drive, Wrightsville Beach, NC 28480 5 R04100-0Ot-011-000 Banton 8 Sons 1417 CHR Properties, LLC PO Box 919, Whiteville, NC 28472 6 R04100-001-149-000 Corbett Package Co. PO Box 210, Wilmington, NC 26402 7 R04100-001-012-0W 1505 Castle Hayne Road Land, LLC 30 Slithers Rd., Whiteville, NC 28472 8 R04100-001-035-000 & R041D0-001-002-001 Walker, Nell 306 Palmetto Rd., Wilmington, NC 28401 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. RECEIVED RECEIVED MAR 2 4 2020 APR 15 2020i;0VVI�N 1;NLi DCM-MHD CITY I further certify that the information provided in this application is truthful to the best of my knowledge. Date 2/10/2020 Print Name Dana A. Lutheran Signature Please indicate application attachments pertaining to your proposed project. ,AMP-2 Dredge and Fill ✓MP-3 Upland Development ✓MP-4 Structures MP-5 Culverts and Bridges RECEIVED RECEIVED MAR 2 4 % ! ) DMI VViLMAIGTON, NC DCM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Area A - 36' Length Area B - 10' Area C - 22' Area D -.83' Area A - 46' Area B - B' Width Area C-16' Area D -10' Avg. Existing Depth N A NA Final Project Depth NA NA . 1. EXCAVATION a. Amount of material to be excavated from below NHW or cubic yards. 0 c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB OWL 1891 SF ❑None (il) Describe the purpose of the excavation in these areas: The excavation is necessary to install a stormwater a 36' x 46' scour hole (Impact Area A) and two energy dissipators, one 10' x 8' (Impact Area B) and one 22' x 16' (Impact Area C) (see Supplemental Information for detials). El This section not applicable Type of material to be excavated. clean earthen wetland soils d. High -ground excavation in cubic yards. 0 RECEIVED JUN 1 6.1010 MP SECTION 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. On -site area. c. (i) Do you claim title to disposal area? ®Yes [--]No ❑NA (ii) If no, attach a letter granting permission from the owner b. Dimensions of disposal area. The material will be spread out over the site d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ®NA III) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), I ❑yes ®No ❑NA 252-808-2808 :: 1-888.4RCOAST :: w .nccoostnlmanaaemont.net revised: 12/26/06 Form ®CM MP-2 (Excavation and Riii, Page 2 of 3) or other wetlands (WL)? If any boxesare checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas: The material will be spread out across the site for planting trees and grass: (ii) If yes, how much water area is affected? 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:_ Width: C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other I. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? ®Yes ❑No ❑NA b. 0) Will fill material be placed in coastal wetlands/marsh (CM, If yes, (ii) Amount of material to be placed in the water 0 (iii) Dimensions of fill area NA 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 MWL 4241 SF❑None (iv) Purpose of fill (ii) Describe the purpose of the fill in these areas: No fill is to be placed below MHW or NHW. Impact Area A - 36' x 46' (1437 SF / 0.033 AC) Impact Area B - 10' x 8' (80 SF / 0.002 AC) Impact Area D - Irregular (2372 SF 10.054 AC) See attached Supplemental Information for details of these measures. RFCFIj/Fll JUN 15 2020 5. GENERAL II bCli l Ivry yCA4 piaHD G a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be use (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Strict sediment and erosion control best management practices, An excavator, front-end loader, trackhoe and dump trucks will be such as silt fence and temporary sediment traps, will be in place used to complete the work. pdro to performing any major land disturbing activities. 252-808-2808 :: 1-888.4RCOAST :: vvvvw.ncconstalmanagement.net revised: 12(26/06 Form 0CM MP-2 (Excavation and Fill, Page 3 of 3) c p) Will navigational aids be requited as a result of the poled? it (i) Will wetlands be crossed in transporting equipment to pro;c C3Yes ®No QNA site? ®Yes []NO ONA hi) If yes, explain what type and how they will be implemented (it) If yes, explain steps that will be taken to avoM or minimiee environmental impacts Logging mats veil be used to transport heavy machinery to cross wetlands (see supplemental Information for Imbed of matting) 2/10/2020 (Rev 6/152020) Date Preservation Point Project Name LW Investments. LLC Applicant Name Dana A. Lutheran for LW Investments LLC (see 6tteelted Agent Authorization) Applicant Signature RECEIVED 1UN 16 2020 MP SECTION DCM - MHD CITY 252.606.260E :: L666d11COAST :: www.Pceoa}talmanagomm(.net reylsad: 12126106 Form DCM MP-3 2/10/2020 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this forth to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or b Number of lots or parcels. structures proposed. 133 #1 55' x 1 00'Open Air Pavilion (5500 SF) #2 & #4 23' x 13' Kayak Storage Units (24 (598 SF) #3 & #5 19' x 9' Covered Gazebos (24 (342 SF) See Supplemental Information for details of the proposed work. c. Density (give the number of residential units and the d Size of area to be graded, filled, or disturbed units per acre). including roads, ditches, etc. 133 0.54 units per acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? es No NA (ii) If yes, list the date submitted: The upland portion of the proiect received NHC Grading Plan 29-19. According to the engineer, a grading plan, for the island amenities center, should not be required due to the fact that less than 1 acre of land disturbance is proposed, and the proiect is far removed from the upland development. g Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. BUA is not proposed within the 75' ES AEC i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 55 Acres List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt and concrete will be used to construct roads. Golf -cart paths and parking areas, and walking/bicycle trails will be covered with mulch. Pickleball courts and miniature golf course will be constructed of concrete. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the DEMLR for review? Yes No NA (ii) If yes, list the date submitted: Sw8 1907tACEIVED APR 15 2020 24% nrAA-6AV117 CITY j. Describe proposed method of sewage disposal. k Have the facilities described in Item (i) received state CFPUAwill treat sewage. or local approval? es No NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to m Does the proposed project include an innovative waters of the state (e.g., surface runoff, sanitary stormwaterdesign? wastewater, industrial/ commercial effluent, "wash Yes No NA RECEIVED down' and residential discharges). If yes, attach appropriate documentation. MAR 0 9 2020 252-808.28082 n 1-888r6111COAST it wwwnccoastalmansnement.w net revtds 1212WOS - -- 0CM'v GTON, NC Form DCM MP-3 (Upland Development, Page 2 of 2) 2110;202G There are two areas, where treated stormwater will discharge into wetlands. See Suoolemental Information Document for details. m Describe proposed drinking water supply source n. (1) Will water be impounded? Yes Q ° NA (e.g., well, community, public system, etc.) (ii) If yes, how many acres? CFPUA will Provide Public drinking water. o. When was the lot(s) platted and recorded? p. If proposed development is a subdivision, will The lots have not been Platted as of vet. See additional utilities be installed for this upland Supplemental Information for conies of the deeds for development? the 5 tracts included with this Project. es No NA 2/10/2020 Date Preservation Point Project Name Preservation Point Partners, LLC Applicant Name Dana A. Lutheran Applicant Signature RECEIVED APR 15 2029 DCM-MHD CITY RECEIVED MAR 0 9 2020 DCM V11MINGTON, NC 919-733.2293 :e 1.8884RCOAST :e www.nccoastalmanataement.net revleedi 11/15/02 Form DCM MP-4 STRUCTURES 2/10/2020 (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project, Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS This section not applicable a. (i) Is the docking facility/marina: Commercial Publir/Government a/Cop c. (i) Dock(s) and/or pier(s) (ii) Number 5 . (III) Length See table below (iv) WxiB1 See table below Length Width 1) Bt-A thru C Fixed 1627' x 10' (Boardwalk) 2) MA Pier Floatina101' x 10'(Marina) 3) M-5 Pier Fixed 330' x 10' (Marina) 4) KL7-1 Pier Fixed 231' x 6' (Kayak Launch #1) 5) KL2-1 Pier Fixed 216' x 6' (Kayak Launch #2) (v) Floating e. (I) Are Platforms included? fe! No If yes: See attached Supplemental Information (ii) Number 8 (lii) Length See table below (iv) Width See table below KL1-2 Fixed 18' x 8' (Kayak Launch #1) KL1-3 Floating Dock 8' x 3' (Kayak Launch #1) KL1-4 Floating 8' x 3' (Kayak Launch #1) KL2-2 Fixed 18' x 6' (Kayak Launch #2) KL2-3 Floating Dock 8' x 3' (K: yak Launch #2) M-1 Floating 85' x 8' (Marina) M-2 Floating 909' x 10' (Marina) M-3 Floating 85' x 8' (Marina) (v) Floating QED Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 98 (II) Number of slips existing 0 b. (i) Will the facility be open to the general public? Yes d. (i) Are Finger Piers included? Q No If yes: (ii) Number See attached Supplemental Information (iii) Length See table below (iv) Width All 5' (v) Floating es No Units Len th 7 40' 9 45' 6 50, 14 35' 12 30, Total 48 f. (i) Are Boatiifts included? Yes ®o If yes: (ii) Number (III) Length IN) Width RECEIVED APR 15 2020 ,)CM-MHD CITY 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 ockage ("wet slips") only, number lips: 98 Dry storage; number of boats: Boat ramp(s); number of boat ramps: Other, please describe: Marina Pump Out Station, water and electric. RECEIVED MAR 0 9 2020 252-808.2eoe :: -1-88aARCOAST :: www riccoastalmansaement.n•t revised: 12/27/06 DC(4 1-. _,..I::3TCN, NC Form DCM 111i (Structures, Page 2 of 41 i. Check the proposed type of siting: Land cut and access channel Open water: dredtli for basin and/or channel Men water no dredging re Other; please describe: k. Typical boat length: 16, _ 60, m. (i) Will the facility have tie pilings? ® No (b) If yes number of tie pilings? 63 2. DOCKING FACILITYIAMRINA OPERATIONS not applicable 2/10/2020 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). All types of boats will utilize the facility. I. (i) Will the facility be open to the general public? Yes (j JD a. Check each of the following sanitary facilities that will be induced in the proposed project. Office Toilets 0 Toilets for patrons; Number: 2 ; Location. At the open air pavilion Showers Boat holding tank pump out; 1 Give type and location: Tank pump out will be portable and kept at the open air pavilion This section b. Describe treatment type and disposal location for all sanitary wastewater Sanitary water will be disposed of at the pavilion and treated throuah on -site septic c. Describe the disposal of solid waste, fish offal and trash. Solid waste will be treated via on -site septic system. Trash will be taken to local landfill. Fish offal will be disposed of in assigned area on -site. d. How will overboard discharge of sewage from boats be controlled? Signage will be posted directing mariners to the location of the portable pump out machine and where to empty the content. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. 2 "No Sewaae Discharge" suns will be posted at the entrance, onto the marina facility, and one at the T-head. (ii) Give the location and number of "Pump out Available" signs proposed. 2 "Pump out Available' sires will be posted at the entrance, onto the marina facility, and ow, at the T-head. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint. sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? Maintenance of vessels will be prohibited to take place, at the facility. h. Give the number of channel markers and "No Wake' signs proposed. None RECEIVED i. Give the location of fuel -handling facilities and describe the safety measures planned to protect area water quality. Fuel will not be provided at this facility. APR 15 2020 j. What will be the marina policy on overnight and live -aboard dockage? Overnight docking will be permitted, but live aboard dockina will be prohibited, CM-MHD CITY k. Describe design measures that promote boat basin flushing? The proposed marina facility will be located on a waterbodv that flushes naturally. RECEIVED I. If this project is an expansion of an existing marina, what types of services ere currently provided? This is a new marina facility. MAR U 9 2020 919-733.2293 :: 1488-4RCOAST :: www moonstalmanagement.net ie�rlfYJtW146NIC Form DCM MP-4 (Structures, Page 3 of 4) 200/2020 m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ti�K)No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Yes CED o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. Cliff SAV SB WL QgRo p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? Yes ®° If yes, give the name and address of the lesseholder(s), and give the proximity to the lease. 3. BOATHOUSE (Including covered lifts) hia section not applicable a. (I) Is the boathouse structure(s): Commercial Public/Government Private/Community (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from dripfine dimensions 4. GROIN (e.g., wood, sheetplle, etc. If a rock groin, use MP-$ Excavation and Fill.) 1 s section not applicab e a. (i) Number (ii) Length (iii) Width 8. BREAKWATER (e.g., wood, sheetpiie, etc.) section not applicab e a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWLorwetlands S. MOORING PILINGS and BUOYS a. Is the structure(s): Commercial PubliGGovemment Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL his section not appitci b. Number d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Approximately 203 LF from the northern ARPO and Greater than 1000 LF in any direction (See attached greater than 1000 LF to the southern ARPO (See Supplemental Information) attached Supplemental Information) Note. For buoy or mooring piling, use am of swing including length of vessel. C. Width of water body 1285 LF d. Water depth at waterward end of structure a(&EDor NWL Water depths waterward of the structure range from approximately-8.0'to -13.0' MLW �r RECEIVED MAR 0 9 2020 919-T33.2293 a: 1-88SARCOA3T n www.nccoastalmanavementnet Qrp15 Z0Z0revised: 111H8102 n,^•il �. ,`CN'', NC DCM-MHD CITY Forth DCM Mp•4 (Structures, Page 4 of 4) 2/101202,0 e. i) Will navigational aids be required as a result of the project? < Jo NA (ii) If yes, explain what type and how they will be implemented. As part of this permit application. the Applicant requests the Coast Guard provide guidance on navigational aids 8.OTHER This section not applicable a. Give complete description: To protect the marina structure and the vessels usina it two (2) 150' x 1' debris deflector (upstream and downstream) have been incorporated into the plan. Please Supplemental Information for details of the debris deflector. 2/10/2020 Date Preservation Point Project Name Preservation Point Partners, LLC Applicant Name Dana A. Lutheran Applicant Signature A4PCEIVED APR 15 2020 I)CI`A-MHD CITY RECEIVED MAR 0 9 2020 9%.733-2293 a 1-8884RC0A8T n www.neeoastslmanaaement.net revlaad: 11/13102 ROY COOPER MICHAEL S. REGAN A. n an BRAXTON DAVIS Rin•nnr. 14vnum rrl ( Wool d/arawmrm April 15, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: a Preservation Point Partners, LLC / New Hanover County Hello Angie: Please publish the attached Notice in the Saturday, April 18, 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 Piefila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 29405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. S' cerely, VaP*la Support & Customer Assistance cc: MHC file Curt Weychert - WiRO OSACE RECEIVED APR 15 2020 DCM-MHD CITY State ofNotth Carol= I Environmental Quality Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On March 24, 2020, Preservation Point Partners, LLC proposed to construct a 133 unit subdivision w/amenities, a 98-slip community marina and two (2) kayak launches at 1505 Castle Mayne Rd., adjacent to the Northeast Cape Fear River Bc Smith Creek, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7266) 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 May 9, 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 APR 15 2020 i)CM-1111HD CITY ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN se rNary BRAXTON C. DAVIS April 8, 2020 Director Dana Lutheran Southern Environmental Group, Inc 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Wilmington Property Owenr, LLC for State approval for development of the subject property located at 1505 Castle Hayne Road adjacent to the Northeast Cape Fear River, in Wilmington, New Hanover County. It was received as complete on March 24, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 7, 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 March 24, 2020 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can he observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and nofify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara M cP erson District Manager cc: Gregg Bodner, DCM USACE Robb Mairs, DWR Connie Marlowe, LPO Scott Rye, Applicant D � � � RECEIVED ligAPR 15 2020 North Carolina Department of Envaonmemal Quality I Division of Coastal Management � Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 DCM-MHD CITY 910.796.7215 41 NOTI(01*144a CAMA PERINAMIT APPLIED FOR Applicant proposes to construct a neummomro 133-unit �.asve riayne Ka., aalacent to the NE Gane wear River Smith Creek, Wilmington, New Hanover Cou COMMENTS ACCEPTED THROUGH 4PPLICANT: Preservation Point Partners c/o Scott Rye & Matt Logue 9821 og i ., u1te KimoxvHl e, TN 37932 (912) 233-4390 Agent: SEGI, Inc c/o Dana Lutheran (910) 228-1841 nty. D FOR MORE DETA� LS CONTACT D o THE LOCAL PERNI—�IT OFFICER BELL : o �1 Iv. of Goast.—m—m—a—z-a—malanagemen 1 ar Ina r. x . I ming on, ara ac erso� AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Preservation Point Partners, LLC and Progress Park Partners, LLC Mailing Address: 982j- 4ogdi1l Road, suite i Knoxville, TN 37932 Phone Number: 912-2-33-4390 Email Address: logue@Ileinvest.eom I certify that I have authorized Dana Lutheran, with Southern Environmental 4roup, inc. Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: upland development of a single family subdivision, with associated marim and amenities center. at my property located at 1 506 Castle Hayne Drive in New Hanover County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: W Signature Print or Type Name Title '(�— I 2—oc5 Date This certification is valid through 1.2 I 3i 1 2020 RECEIVED APR 15 2020 DCM-MHD CITY RECEIVE[) DCM WILMINGiON, NC FEB 1 3 2020 Preservation Point CAMA Major Permit ` F Cii Appendix O Adjacent Riparian Property Owner Maps r r If Project Site d - a Y RECEIVED RECEIVED APR 15 2020 MAR 0 9 2020 Page 24 of 26 (2/10/2020) DCM-MHD CITY' ra Tc. N, rvC ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maliplece, or on the front It space Permits.. I I&A I� I!IIIIIIIIIIIIIIIIIIIIIII Illililllll�illlll 111 9590 9402 3535 7305 8625 79 7011 1570 0001 PS Form 3811. July 2015 PSN 7530-02-000-9053 A signature � a Ae.pt %ice �.,..•`" -0 Address B. Receive by (Prlyded Name) C. Deteof Deliv[ C7VR cl10 / /, i D. Is delivery different from Item 17 ❑ ym e YES. enter delivery address below: 0 No 3 Service TyPe ❑ Pdwity Mail Express® ❑ Mua signelure ❑ Adul[Signwure Residcted Delivery ❑Registered Wl - O ONiveryed Mall Reatdcted ❑ certified Meil® ❑cerd Mell RBatrloten DelMmY uRecdpt far ❑ Relm ❑ collect on Oellvery [ICgeect on Delivery Reseloted DeAery MercneRM lSe O Signature ConNrmatlon^^ Mel`��II pSigneture ConFlrtnatlon I�linsured II I�I IIi'Icted ONivery Oomesdc Return Receipt FES 1 3 20 0 RECEIVED APR 15 2020 ACM-MHD CITY 0?07 E I 833 r A113 OHW-U1130 OZOZ 91 adV a3n133318 laleoee wnlay onsawoo esoe-0oo-mow Nsd sloz Ain ' L LBE wlpd Sd Av Papywa A'e�'Iao Ra,=�'tssel w MID 299L 0000 OL92 900L "W -O amlw&g p Ilew Palaeal Cl U94el aoM.es tuop ll 1w^N aloNV 'Z ,"IwVew:J"o7 e+Neu&S ❑ A'°Ma0 PalculsaFi Aian,WO uc lyall ❑ aa1W Wo,aYtl /�an,pp uo na11"'J ❑ Pa�iO®u'ONP"pi°00 9Z SZ9£ SDEL S£S£ M76 0656 Annileo wldy ❑ a+,ew; J' wja OcmMuSo a^1ceS uO GA.LQo,u II II' III II IIIII I (II'I I I II I �I II I I'I I' 111 erw ®awca I" Awd ❑ 'E II I IN� O^yam QQQ �p 1.1 � `•' l.� of, O : qeq sseuppo AreNIeP.ep,a'S3A n lua6y p� t Y ■ Complete iisms 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front If space permits. I. Article Addressed M: IYl � fle_11 i�.�t L'ur" sulureN�q eo c eueas ;I luoy etlt uo 'aoaldilew e4110 a41 0l P+s141 4oaAv ■ noA of pjeo ayl wnlm ueo am 1e91 os X GSUoAel eyl uo SSEUPpe PUB eweu mcA lupd ■ 'E Pue'Z'l swell eleldwop ■ A. Signature X O Agent 17-Addm 6. HeceiveU* F1?hted Name) IQ. Date of Del D. Is delivery address Merent from Item 17 Yea If YES, enter delivery address below: ❑ No p 3. Service Type ❑ Adlln slpterere p Priority Mel Ewers® ❑ R,&tered Mad' 01.� Rostr.cteo Oel'een, pOCil�lMd pead MalF Uk* � ❑ Cwt d Wit PastrictsC DNNery M PCE:m eeoept W ❑ Caeeol oo Dative" M.O'WKAW '. Article Number (lh Ww adn am%*- YlWt n r u.,.. , Pefvery Restncteo Delivery ❑ Sg'wt.ne Conrmtatb - ?012 1010 0002 6168 8717 ';Reaed,,,a,y r. °�; wo �Yw ?C Fran .'�{i�i .L IW'JM5PCM )4'1M9JVYIAIKa r.nmwtlr aenrm iwWnr ■ Complete items 1. 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Pox ql9 6Jht vi Ili f ��c aBV-7 A. Signature AA _Ac .� by Prkmed Name) C., Dote of i' D. Is de leery addre dUterem from item 17 ❑ Ye! (: If YES. enter delivery address below m Nc 3. Service Type ❑Poo,0'W E111- d I"�III I'If IIIIIII IIIII IIIII�II�II IIIIIIIIII Adult Signature ❑ Registered Mallr"' t: SigM.vb Hestrlped WINery L� Registered Mail HaSitiC.ad 9590 9402 3535 7305 8625 48 Cd ❑ Codified Mail® ❑ cad nM MMI Rehr ed DeB ery Delivery Hen n Ha m m ❑ Golleot on DelNery MercM1andoo 2. Article Number (71erA5/er rI0/n 96IVICe %ebeQ ❑Coned on pBliveay Heamcted nellvery 0 Signature Conflr " tail ❑Signature Cang,manw tin 7005 2570 0000 7862 0324 Wn Reamdedp iN" Heetnctw Delivery PS Form July 2015 PSN 7530.02-pop-9e53 • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front 0 space permits. 1. Article Addressed to: -PC) �oX I QO Cv Domestic Rerun Receipt ; Eignature gecpNed by (Hinted Name) I C. Date of D~yr. , t, 6 -; , =�. w is delivery address different frdm item 19 ❑ Yes e YES. e w delivery address below: ice mtt3WreOR�9eC1AAdgRemcteD.N" Illlll�ltill�llllllllll lliilitllllllniil1113. e is retlMa Hee 9590 9402 3535 7305 8625 31 Q ceMM® ❑ cetirlee awl Restrkted D.nvm Rt f'x �� D C—an slivery ---__'Mlivery Reamded Dellvary ❑ Signature Conrmnatm- 2 em,.te u.•...r.� rn.....a._c..._ __.a__ ,_..• 7862 0300 D Signature Connrmanal RasmdadoMMev 7005 2570 0000 Heem etlOM ary rdrar ssogl P6 Fain 3811, Jtdy 2015 PSN MM-WAIW- 63 Domestc Return Receipt J, IN FER 1 3 RECEIVED APR 15 2020 DCt1M-l1AHD CITY— ON 'NOiDNIN1IM WO(] OZOZ 6 0 M4 CKIAI333LI A.L13 CIM-Woo OZOZ 9 I add CI3A13338 •ter. :.a_+f •:-..;: �•.1+`1 26:_ E"9� "OD: Milt '"_OL .•,f1e,_.rf� •rF7=R-TyV[�.•rCl c•:�•e!7i£�"_'n�Er�D-E06�F r al �c.xtri3 •: T,f nl III IN I'II 11111111111Ill i w.rw.7F-7 �' '.cfl. !�. s'.CT'. •..r. Tx:R LI[VEj-1c•1i' ril �JYr 61 OS, W. mtaca�+l' •'J'.i-pJ�t�+f 4` ?�JlJ' J' rRFlitlE*` i i:ou :LS : Sir _ _ ..aa-_ asr7-T_.�y'+•GJ-. i�GJJ i!ST :1�:f�._M�-Yi'4�M.Vi R �ROffI�_- sltfa•a. !'1 P1R]� :.n. atixac]- _,. mar jjc :-'] -•t Af� t�n�_ F Il lu 1111111111 111`111111 cy � ^Y• • •� 4r, �' l u ` ' �A Ttr i1ESJ%D. n., Oe a J'1 AF IC 4WO R L [ L 4J1t : 41Jx+Y ■ r•Y.e LFJ1C Xt a W, fJ 1y Ja •e: •.Lt.•if to i'.:.f(x 71 F.7_ Ju d1C•.!- J_ • C 4Je ,+•' J �. +k. r.>!c yr, ■ r.. c. Preservation Point Upland Development & Marina ADJACENT PROPERTY OWNER STATEMENT I hear by certify that 1 own properties or I am authorized to represent the owner of property located adjacent to Preservation Point Partners. LLC (herein referred to as the "Applicant') property, which is located at 1505 Castle Hayne Road , in New Hanover County , North Carolina. The Applicant has described to me, as shown below, the proposed development at the above location, and I have no objections to the proposal INSERT DESCRIPTION AND/OR DRAWING OF THE PROPOSED DEVELOPMENT: (To be completed by the Applicant proposing the development) ***Please see attached site plan, project narrative, for details of the work*** Dana A. Lutheran (SEGi) Applicant (Agent 5315 South College Road, Suite E Mailing Address Wilmington NC 28412 City/State/zip 910.228.1841 Telephone Number Signature 1/17/2020 Date E.W. C�o�cJ �,.t s'.xrsJsrc Property Owner (print) Po. P�04 15rb(o Mailing Address Wilmrr h C City/State/ r— Date NO FEB 1 3 PLO RECEIVED APR 15 2020 Preservation Point Upland Development & Marina ADJACENT PROPERTY OWNER STATEMENT I hear by certify that I own properties or I am authorized to represent the owner of property located adjacent to Preservation Point Partners. LLC (herein referred to as the "Applicant") property, which is located at t505 Castle Havne Road , in New Hanover County . North Carolina. The Applicant has described to me, as shown below, the proposed development at the above location, and I have no objections to the proposal. INSERT DESCRIPTION AND/OR DRAWING OF THE PROPOSED DEVELOPMENT: (To be completed by the Applicant proposing the development) ***Please see attached site plan, project narrative, for details of the work"' Dana A. Lutheran ISEGii (V kp T 1 Fdt f�lv ol e _ (!0 / Applicant A ent Propert Owner (print) 5315 South College Road_ Suite E 0 oZ 0 :flailing Address Mailing A dress r Wilmington. NC 28412 ' City/State/Zip City/S te/zi 910228.1841 \6 11— / Telephone :N�umber Telep tie N b.er n � AEI Signature Sign"a I % [ T2i)20 Date RECEIVED RECEIVED FEB 2 5 2020 APR 15 2020 OCM WILMINGTON, NC DCM-MHD CITY Preservation Point Tract Map v mm ►- 01 m < n N o N m v O Preservation Point CAMA Major Permit 15F c3i 0) ]• ^apef0& Appendix B Preservation Point Vicinity Map Wrig nlsboro 14K"ra'w Q N 4n•� �A v"ik # 0y r � Hig�rrs�,�ltt• �'� °j '14ARENKOp PARK z a x 4.Y NORTHSIDE SMITHS CREEK INDUSTRIAL PARK Shn�y ua nu, r. Rd PRINCESS PLACE a = OAK a� >: a tJMlpale Cemetery s T ` _ Grdif Sl ,.o ` LhPS;rN' tit Myret � R n r �r.%i'dtli Page 11 of 26 (2/10/2020) RECEIVED MAR 0 9 2020 APR 15 2020 DCM-MHD Cl Preservation Point CAMA Major Permit 9FGj Appendix C DWR NECFR Water Classification Maps Su�3ece Wal a• Clessi/iceNons: n� ...` t.•oro ..a- 3 SY•'.<4 �•�e14' f'e33��C.b OAS. Csoe °ee° e• � Sn Page 12 of 26 (2/10/2020) RECEIVED APR 15 2020 DCM-MHD CITY MAR 0 9 2020 tm. ceps Few aaw "w^SiF p Cro" w Sound Area (west side) — — — A70318 b Cap Few RNw 003 ae - — it, f - Sas (suit Qum aids) a — �ECEIV I APR 15 847 mersontra6my1oe Grove .018018 a Af0818 Sand Area (east Wde) wY.w Ma•Oflbolo#kryllle QlovB i .. Sol fMl Aron (whit Nde) This mop His produced by the Geographic Irdurreft Sydenit (W) • • # � 1 f� ; p praoae Mo i.oft d6 used to creeM t* map was mlerid fNe fide I doW county, srtl pdvele n9aamtlons. This rrep Is a Basal Pdsb anal ee pubic ena Is for Ilknhtrstve purposes arty. Weis every irA - i e8at Is coeds to keep fft rrep accrete end up-to-date. His not Irinded �•� aa�+s to tsplehe my of iclM source. Under no circumstances shall the Serb of Nam Oaare be Yable Tarry ectlons taken or ornhzlo w made Iran r• I I \ I rasa on any hhlarnheeon contelnod Waln Rohn whaswr sours nor �- shah the Stab a Ytle fr shy other consequences ham sy such nonce. Dw9Vwhd kr.Wy ee D.s. rrdoai®e Frwy Nuwery Ana, Fishery Nurse Areas Sues 1.1DD.aDa4ols 0-kwVk rrwpe. QRlrrrry ry Nursery O Pennaaerr Samnmy Map D� NAM slwaa samnda Mw Pm,edbn NC Steen Plsw Dan: IMch 2011 ® Milkary Dar'aarzl�OOD o troD 2aDD r,r� Resbk " MAR 0 9 20,L® ReaYldrd Maa A. k.m.ra. wacyndmml Map 27 0.7® rw>m YI a.dvomW Wwy . U.S. GWI.0ml F.%Wy Atmmy A� Fishery Nursery Areas "' �P"L. ppLL 1/1 sue( l �nr�!►tom MAR 0 9 ' — ���j////. ,,,t Preservation Point CAMA Major Permit c7EC]I Appendix E IISS Shellfish Closure Map North Carolina Shellfish Harvesting Area Closure Maps Click on shellfish harvestlno area text to zoom into map NOTE: Shellfish harvesting areas may temporarily close due to rain. Legend --- Shellfish Harvesting Area Boundaries Shellfish Harvesting Area Text Shellfish Harvesting Areas Open Closed rent temporary closures �1. North Carobna Depaolmeni of Envaonmental DualAy D.s,on of Manne F.shenes Shetlirsh San,tal oh and Re aat. al Water Quality Section RECEIVED APR 15 2020 1 �CM-MHD r r—. Page 14 of26 (2/10/2020) MAR 0 9 2020 Preservation Point CAMA Maior Permit F Cii Appendix G New Hamner Count° Zoning Map RECEIVED RECEIVED APR 15 2020 MAR 0 9 2020 Page 16 of 26 (2i10n020pCM-M HD CITY Sr^N, NC Preservation Point Property Line Progress Park Property Line „ 8 Preservation Point Approx. Wetlands � Progress Park Approx. Wetlands 0 125 250 5o0 750 1,000 A Feet 1 inch = 500 feet Map Source: 2016 NCOneMaps Orthoimagery Wetland Exhibit Preservation Point, Progress Park Wilmington, New Hanover Co., N.C. 6/5/2019 07-007.02 II•A 9f tP 7 f4 N '-1(0: ' OZOZ i bdtl s 1/15/19 5coping Meeting Notes 1. The site plan has been revised, to minimize impacts to wetlands, which will be less than Y, acre; 2. The Applicant is in the process of securing two tracts (referred to as "Progress Park"), to the east of and connected to the Corbett Tract, that are zoned industrial, front Castle Hayne Road and encompass approximately 30 acres; 3. The Progress Park tract will be recombined, with the front of the tracts (i.e. along Castle Hayne Road) rezoned to Business (62), while the remainder will be rezoned Residential (R-15) and will be part the Preservation Point SD (see attached map); 4. Currently, the combined site plan (both the Corbett and Progress Park tracts) proposes 143 lots, but this subject to change, with 1 boat slip per lot; S. New Hanover County (NHC) Conditional Use Permit (CUP) will need to be updated to reflect the changes to the number of lots and slips; 6. Per the NHC Fire Marshal, the width of the boardwalk extending from the subdivision to the island and then from the island to the marina facility must be 10', for ATV EMS access. The Applicant to furnish ATV, accessorized with fire equipment, which is to be stored on site. 7. Need to confirm the flood hazard lines are current, on the island; 8. The COD on the Corbett Tract was previously approved; 9. The Applicant is working with NHC Planning and Zoning on pre and post stormwater quantity controls, for the residential development; 10. The Applicant has NC DEMUR stormwater approval for the Corbett Tract and are working on a design for the Progress Park tract; 11. The commercial development and some of the residential behind it will have traditional stormwater controls (i.e. ponds); 12. S&EC will be permitted through NHC; 13. It is the desire of the Applicant to selectively cut trees; 14. The island has suitable soils for septic; 15. The Applicant intends to explore if a well is possible for potable water, on the island; 16. Golf cart paths, on the island, will be mulch; 17. CFPUA code allows for septic system and well on the island, due to the distance from the subdivision; 18. Minimal area of decking, around the amenities center, is allowed within the COD (I think this was 500 SF); 19. Include kayak launches with the permit. Include water depths and total width and Y. widths of the water body, for each of these features; 20. Marine Fisheries (MF) and DCM would prefer to see fixed structures, with step downs, for the kayak launches; 21. Bathymetry needs to be updated, in the area of the marina facility, and extend all the way to the shore; 22. Provide shoaling rates for the area of the marina (i.e. difference between past bathymetry and new bathymetry data); 23. MF would like to see a buffer between the back of the slips and the island, equal to the length of boats anticipated to be using the facility, for habitat protection; 24. MF requested that the project narrative address avoidance and minimization regarding the number of slips (i.e. boat ramp not possible due to lack of vehicular access); 25. Provide width and Y. width measurements at different locations, if necessary, where the marina structure is to be located; 26. Ensure turning basin limits have not changed; 27. Incorporate diversion structure into the design of the marina; RECEIVED RECEIVED MAR 0 9 2020 APR 15 2020 ITP4 %, DCM-MHD CITY 28. Wildlife Resources noted that the area is now considered "Critical Habitat' for Atlantic Sturgeon, thus the construction methods and moratorium dates may need to be updated to reflect this consideration. This will be addressed with the Endangered Species evaluation, at which time US Fish and Wildlife consultation will take place; 29. DWR requested building footprints be added to lots where wetlands extend into the buildable area; 30. DWR requested deed notifications be placed on all lots with wetlands within the property boundaries; 31. DCM cannot accept the application until the Progress Park property is rezoned, to be consistent with the proposed uses; and 32. DCM will consider issuing the CAMA Major Permit to be valid upon the issuance of a stormwater permit for Progress Park, contingent upon the stormwater application being submitted for review. RECEIVED APR 15 2020 DCM-MHD CITY RECEIVED MAR 0 9 2020 DCM WILMINGTON, NC DocuStgn Envelope IDE4C918CF-8D70-4C79-904A-6E568C7645F5 i ROY COOPER pay Gavemor MICHAEL S. REGAN serrerary '��'^"� LINDA CULPEPPER NORTH CAROLINA Direaor EnWnnmentnl Qudity June 11, 2019 New Hanover County DWR Project: 2019-0554 Preservation Point Partners, LLC Progress Park Partners, LLC Mr. Scott Rye 9827 Gogdill Road, Suite 1 Knoxville, TN 37932 Subject Property: Preservation Point Subdivision Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Rye, You have our approval, in accordance with the attached conditions and those listed below, to permanently impact 0.379 acres of 404 wetlands and to temporarily impact 0.015 acres of 404 wetlands in order to a residential subdivision as described in the application received by the N.C. Division of Water Resources (DWR) on May 21, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Numbers 4135 (GC4135) and 4139 (GC4139). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: ham://portal.ncdenr.ory/web/w(i/swp/ws/401 /certsandWrmits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in I SA NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVE APR 15 20 '.,CWMHD C RECEIVED MAR 0 9 2020 D_E QJ North Carolina Depanm m of EnAr mental Quality DMs of Water Rrmwcea "T C N NC WWnlrgton Reglaoal Offirx 1127Ca 1d DmeFxtensiw I Wlhnln91om North CaroIIm26405 :�_r� 910.796.7215 DocuSign Envelope ID: E4C918CF-8D70-4C79-904A-6E568C7645F5 Page 2 New Hanover County 2019-0554 The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {I 5A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent, and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terns of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements RECEIVED APR 15 2020 RECEIVED MAR 0 9 2020 OCM-MHC CITY DocuSign Envelope ID: E4C918CF-8D70-4C79-904A-6E568C7645F5 Page 3 New Hanover County 2019-0554 of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the Noah Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(i)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: htttv://Portal.ncdcnr.org/web/wa/swp/ws/401/0ertsandMnnits/apRI /fy orms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. 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 RECEIVED APR 15 2020 RECEIVED MAR 0 9 2020 DCN4 V:.t... STCN, NC DcM-MHD CITY DocuSign Envelope ID: E4C918CF-BD70-4C79-904A-6E568C7645F5 Page 4 New Hanover County 2019-0554 http://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 8:00 am and 5:00 pm, 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. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road 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 of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Coburn(aincdear eov. Sincerely, Co Wm w Atnvtlla Satn,�.t.y Luw� ruen,.ncrorw... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4135, GC4139 Cc: Dana Lutheran — SEGI (via email) Rachel Capito — Wilmington Field Office, USACE (via email) RECEIVED APR 15 ZUB DC M-"'Af) CI.n RECEIVED MAR 0 9 2020 ._,....=N, NG U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00719 County: New Hanover U.S.G.S. Quad: NC -Castle Havne GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant: Preservation Point Partners, LLC Progress Park Partners, LLC Scott Rye 9827 Goedill Road Suite 1 Knoxville, TN 37932 Size (acres) 390 Nearest Waterway Northeast Cane Fear USGS HUC 03030007 Agent: Southern Environmental Grout) Inc. Dana Lutheran 5315 S. College Road Suite E Wilmineton, NC 28412 Nearest Town Wilmineton River Basin Cape Fear Coordinates Latitude: 34.26882 Longitude:-77.93821 Location description: Property is located west of the intersection of HWY 133 and Castle Havne Road in Wilmineton, New Hanover County North Carolina. Pronerty is bordered to the west by the Northeast Cape Fear River and Smith Creek to the south. Pronerty includes spoil island and mosquito ditches to the NE Cape Fear. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into 0.379 acre of wetlands adjacent to Smith Creek and the Northeast Cape Fear River for the construction of road crossings within a new residential subdivision. There are an additiona10.015 acre of temoorary impacts associated with the installation of utility lines. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 14. Linear Transportation Projects; NWP 18. Minor Discharges SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 4/2612019, and the enclosed plans Preservation Point Preliminary Site Plan, Wetland Impact Mau dated 4/24/2019, 4/11/2019. 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 authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 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 permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide 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 Rachel Cavito at (910)-251-4487or Rachel.A.CapitoCn usace.armv.mil. Corps Regulatory Official: Date: 6/10/2019 Expiration Date of Verification: 03/18/2022 gECEIVED MAR 092020 APR 15 2020 DCM-MHD CITY SAW-2019-00719 SPECIAL CONDITIONS SAW-2019-00719 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. In order for this permit to be valid, you must obtain 401 Water Quality Certification from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a copy of the required certification or waiver of certification from the state prior to proceeding with the work in waters of the U.S. The permittee shall comply with all conditions of the state certification. 3. The permittee shall avoid the remaining onsite wetlands as shown on the approved drawings. These natural wetland areas were avoided as part of the permit application review process, and therefore, will not be disturbed by any dredging, filling, mechanized land clearing, agricultural activities, or other construction work whatsoever. 4. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter I I3A Article 4). (RECEIVED MAR 0 9 2020 RECEIVED DCM VV::"9;:;CT0N, NC APR 15 2020 DCM-MHD CITY Determination of Jurisdiction: A. ® There are waters, including wetlands on the above described project area that maybe 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. B. ❑ 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. C. ❑ 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued DATE. Action ID: FILE NUMBER. Basis For Determination: See the preliminary iurisdictional determination form dated 6/10/2019 Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction 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. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. 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 Attu: Jason Steele, 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 Not applicable **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. •* Corps Regulatory Official: Rachel Cavito t- -.- Date ofJD: 611012019 DC„-111 "l1. ;VC Expiration Date of JD: Not applicable RECEIVED FEB 1 3 2020 APR 15 2020 9 „ T -ITOW ON jN0iS"164,"N PJ30 010: a= A.110 alln- No OZOZ 91 a d flo: PRESERVATION POINTr�wxwavencournv`� PRELIMINARY SITE PLAN �[ 41 -- —TIN,IL Dl It All - — - -� I (tie DS-� 1 Stop t[ie— ♦ __ _ _ .__ to old survey) ; . / to old surveyl, _ h " -- J6 Stop (tie ` 3 ---i to old survey)DO Ell EQ F28 Stop (lie- F1 Pk i S Dt EO Hit Stop Pie to oldsu4i b old s.urveyl to old surveYlop - H7 Pie 81 E/2 Ae8 - i�- ___. Bt 3 tieto old tine.: % �/ C7 EQ C7 t Ake Preservation Point Property Line it Progress Park Property Line Compensatory Mitigation Responsibility Transfer Form Permittee: Preservation Point Partners. LLC P-ogress co„•I Ui, Ssott Rye Action 10. SAW 2019 00719 Project Name; Preservation Point County: New Hanover Instructions to Permittee: The Permlttee must provide a copy of this form to the Mltlgeb01 Sponsor, either an approved Mmgabon Bank or the North Carolina Division of Mitigation Services (NCDMSj, who will then sign the form to verify the vansfer of the mitigation responsibility. Once the Sponsor has signed this form, It Is the Permrttee s responsibility to ensure that to the U S Army Corps of Engineers (USACE) Prolttt Manager identified on pate two is in rtteipt of a signed copy of this loan before conducing authorized impacts, unless otherwise specified below If more than one mogabon Sponspr wdl be .:sed to provide the mitigation assocated with the permit, of if the impacts and/or the mitigation will occur in more than one 8 clign Hydrolagu Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the denbhed site By signing below. the Sponsor is accepting full responsibility for the identified mngatior. regardless of whether or ool they have received payment t o Me Permdtee Once the form is signed, the Sponsor must opdate the bank ledger and provide a copy M the signed form and the updated bank ledger to the POmdtee. the USACE project Manager and the Wdmmgton District Mitigation Office (see con o(t Information on page 2) The Sponsor must also Comply with all reporting requirements established M their autho ibbe instrument Permitted Impact and Compensatory Mitigation Retusrements: Permitted Impacts Reeuirbtg Mltapttan• 8 digit HUC and &tab1: 03030007, Cape Fear Rorer assn Stream Impacts umear fee[; Wetland Impacts (acres) _ Warm Cool Cold Riparian Rv r n Ripe Non R-rig 1 N1on Ripwian Coastal 1 0 379 "If more than one mdigation sponsor will be used for the permit, only irklude impacts lobe mitigated by this sponsor MRfptpn Site Oebftd: --!4qMhjjg&jeg Fea Umb slip. MiltU449 &1 k lest Tract (list the name of the bank robe debited for umbrella banks, 31W list the specific site For NCDMS, !isI NCDMS If the NCDMS acceptance letter Identifies a specific site afro list the specific site to be debited, Section M be Complained by the MRlpobpn Sponsor Statement of Mitigation Wbi6ty Acceptance I, the undersigned. venfv that 1 am authorized to approve mitigation transa(tions for the Mitigation Sponsor snown below, and I certify that the Sponsor agrees to accept till responsibility for Providing the mitigation identified in this document (see the table above). associated snih the USACf Pernimee and Arbon 10 number shown I also verify that released credits tared/or adwrlce credits for NCDMSI, as app'oved by the USACE. are currently available at the mitigation site Wemihed above. Further, I understand that rf the Sponsor fads to proelde the required compensatory, mitigation, the USACE Nhlmington District Engineer may pursue measures against the Sponsor to ensure compliance assoclat h the raiRig than fINtWlemenls Mitigation Sponsor Mime: _ _I , Uh, a,� �rt ti0 - RECEIVED i _.1 Wtsr r"v D11.1 VviLMiieG T CN. NC APR 15 2020 FEB 1 3 <J DCM-MHD CITY N Of S80E S AatAorved Represen4Nve�� Signature of Sponsor's Authorised Representative L) Date Conditions for Transfer of Colspees""T, Mieption Gedh: • Once this document has been signed by the Mnlgation Sponsor and the USACE is in receipt of the Signed form the P2rrmttee ,s no longer responsible for providing the mitigation Identified ,n This fwm, though the pecmmee remains responsible for any other mitigation requirements stated in the permit conddkms. • Construction within Jurisdictional areas authorized by the permit identified on page one of this torn) can begin only after the USAGE ,s in receipt of a ropy of this document signed by the Sponsor. confirmingthat the responsibility for Providing the inn Sidon r Sponsor has he North K egwrementy lured ,Hein. For authorized ed Impacts conducted by the North Carolina Department of transportation INGDOTi, mnstrurlron within IunstlNhonal areas m issuance, however, a copy of this form Signed av Proceed upon permit le by the Sponsor must be prowled to the USACE within 30 days of permit wsuance. NCDOT remains fully responsibe for the mitigation unW the USAGE has rec rved this form, confirming that :he Sponsor has accepted responsibility for Providing the mitigation requirements listed herein Signed copies of this document must be retmned by the Permittee. Mitigation Sponsor. and in the USACE admmistntve records for both the Permit antl the Bacilli Instrument It Is the Perm ninit's rKponsibhty to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form it changes are PIPPPSed to the type, amount, or location of mitigation after this focal has been signed and returned to the USACE, the Sponsor must obtain c&Sa by -Case approval from (he USACF Protect Menager, and/or North Carolina Interagency Review Team (Al If approved, higher mitigation ratios m and a new version of this form must be completed and Included g be aDd'ed, as per current District guidance p c uded ,n the USACE administrative rKwds far both she Perm and the Bank/IEF Instrument. Comments/Addltionai Conditions A letter from lPY esur ("__pv___ cynl'rm the II' A b t aoobcants comnsatorypemrtur '�i`v. da datt�; ar-..I;,,. �Obflcabgn_ �eE54EQei was wluded [h [h w o st [I This form is viol vaho unless signed below by rr Snf0, .,get and by the Mitigator Spnnso• on Page 1. Once Sponsorshooadproesdr repro oJNRs M, . ; r ::, y .s.: r, nr, uPdolRd baaR Mlgn ro: 1)t/st f4rrrMfMe, 7)the USACE ProjeR Morpper of the oddness below, old 3) the Wrfmorgton DNtr/rt MENpotkon 0&r. AHn: rood ruo sill, 221ps fobs o/Neuse Rood, Woke Forest, NC 27587 femoil: Todd. Espls<Y.yFectomrP. mll) Cluestans regarding this form or any of me Permit conditions may be directed to The USACE Project Marager below USACE Project Manages Rachel Canino USACE Field Office Wilmington, Regulatory office US Army Corps of Enyneers 69 Darlington Avenue Wilmington, North Carolina 28401 Email Rachel A.CapitoQusace army mil USACE Pro" Manager Signature __ b/10/2019 Date of signa i re Current Wilmington District mitigation guidanceincluding information on mingaton ratios, tul"W'j assessments, antl mitigation bank loratlon and Th"A" lity, and credit tlassrfiratrorn (including stream temperature and wetyry available at http://•dslts usace.aal all groupings( n RECEIVED APR 15 2020 DCM-MHD CITY FEB 1 3 lOtO /At%TOPJ United States Department of the Interior 'y FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally -listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 at seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee's principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect ,nanatees in North Carolina, the Service's Raleigh F;eld Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in -water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service's review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water -related activities for the presence of manatees. RECEIVED 2. The project manager and/or the contractor will advise ILL on personnel that ROW MAR 0 9 2020 APR 15 2020 c'' .CTCN, NC DCM-MIAD CITY there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees e.lcountered and submit the report to the Service's Raleigh Field Office. 7. All vessels associated with the construction project will operate at "no wake/idle" speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003). U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 91918564520 RECEIVED APR 15 2020 RECEIVED MAR 0 9 2020 DCM-MHD CITY Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. RTa Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52. RECEIVED MAR 0 9 2020 t3CfA VV,',!1I::^TCN, NC APR 15 2020 DCM-MHD CITY Preservation Point CAMA Major Permit 5F Gi Appendix P New Hanover County Flood Map Y.1 Project Site 0 ° 0 000O000 000O. 00 00 0000 0 0 0 0 0 O ° o0 ° O %,6 coo 9 O °°0 O OQ 0000 O 0 00 0 ° 0 OD 00 0. °°�o t • 0 0 0 °° 0 0 0 0 0 0 0 00 0 o ° 0Oo °O ° o % 0 00 0 pp00 ® 0 0 o °o o 0 AE9 0 00 ° ° O p 0 o i 0 0 0 0 e 0 0 0 0 8 0 o 0 0 0 0 o° RECEIVED MAR 0 9 2020 RECEIVED Page 25of26 (2/10/2020) Cv'.1 V,:.'. ,. ;TON, NC APR 15 2020 NEW HANOVER COUNTY FIRE SERVICES ADMINISTRATION 230 GOVERNMENT CENTER DRIVE, SUITE 130 WILMINGTON, NORTH CAROLINA 28403 PHONE (910) 798-7410 FAX (910) 798-7051 RAYMOND GRISWOLD DEPUTY FIRE MARSHAL email: rgriswold@nhcgov.com February 19, 2020 Coastal Land Designs P. O. Box 1172 Wilmington, NC 28402 Attn: Frank Braxton Dear Mr. Braxton: Per our discussion and plan review of the Preservation Point — San Souci Island Amenity Center and Community Boat Docks, County Fire Services will require the `Boardwalk" from the mainland to Corbett Island to be a min. 10 foot wide. County Fire Services will require the 10 foot width access from Corbett Island to the docks to follow the North Carolina Fire Prevention Code. The area just prior to the actual dock area shall have an "Emergency Operations Staging Area" and it shall provide an extra area of a minimum 4 feet wide by 10 feet long clear of the 10 foot walkway and shall have a standpipe hose connection. This shall be just prior to entering the actual "T" sections of the docks and clear of all boat slips. The 10 foot width is needed to insure an adequate travel path for an ATV, associated equipment and personnel. The "Emergency Operations Staging area, is provided for the staging of all equipment prior to the docks, to stage equipment for fi-e fighting operations, etc. and not block an egress path out to the boats or for retreating and exiting purposes. Please revise all plans to reflect the Boardwalk and dock areas. Thank You for your cooperation and please contact me if you desire additional information. Again the Section on Marinas in the North Carolina Fire Prevention Code — Chapter 36, Section 3604.6 shall be followed. DECEIVED Raymond Griswold APR 15 2020 Deputy Fire Marshal New Hanover County Fire Services DCM-MHD CITY 910-798-7448 (off.) 910-508-0234 (cell) RECEIVED MAR 0 9 2020 CC' �'.-..:.._TCN NC NEW HANOVER COUNTY PLANNING & LAND USE 230 Government Center Drive, Suite 110, Wilmington, NC 28403 P: (910) 798-7165 ( F: (910) 798-7053 ) NHCgov.com Wayne Clark, Director January 24, 2020 Frank Braxton Coastal Land Design, PLLC P.O. Box 1172 Wilmington, NC 28402 VIA EMAIL: FBraxton@cldena.com RE: Z17-09 — Special Use Permit — Preservation Point Community Boating Facility Mr. Braxton, At their January 6, 2020 meeting, the Board of Commissioners voted (5-0) to approve your application for a community boating facility located on 134.9 acres of land located within the Preservation Point development and near the 100 block of Brentwood Drive. Enclosed is the Board's Order. If you have any questions or concerns, please do not hesitate to contact me at (910) 798-7571 or sismith@nhcaov.com. Sincerely, b k 9 Gideon Smith Current Planner cc: Matthew Nichols, Law Office of Matthew A. Nichols, matt@mattnicholslaw.com Nikki Cooper, Law Office of Matthew A. Nichols, nikki@mattnicholslaw.com Z17-09 Case File MAR 0 9 2020 RECEIVED APR 15 2020 --DCM-MHCfCITY NEW HANOVER COUNTY PLANNING & LAND USE 230 Government Center Drive, Suite 110, Wilmington, NC 28403 P: (910) 798-7165 1 F; (910) 798-7053 1 NHCgov.com Wayne Clark, Director October 18, 2019 Frank Braxton Coastal Land Design P.O. Box 1172 Wilmington, NC 28402 VIA EMAIL: FBraxton(a)cldeng.com RE: Preservation Point — Performance Residential Development — Preliminary Plan Approval Mr. Braxton, The Preservation Point performance residential preliminary plan has been approved by the Technical Review Committee (TRC). The approved preliminary plan consists of 123 single-family dwellings and 27 multi -family dwellings on 198.65 acres of land located near the 1500 block of Castle Hayne Road (PIDs# R04100-001-150-000; R04100-001-015-000; R04100-001-028-000; R04100-001-016-000; R04100-001-002-000). This approval is valid fortwo years unless a final plat application for all or a portion of the project is submitted to the County. The approved preliminary plan is enclosed. Please note the project may be subject to additional regulations of the County's development ordinances, including but not limited to, those referenced in the TRC comments dated June 26, 2019. In addition, this approval does not relieve the applicant from any law, regulation, or requirement of any other government or regulatory agency. Approval of this preliminary plan allows for construction plans to be approved for the subject project. Construction plans must be approved by the TRC prior to full site work taking place on the property. If you have any questions or concerns, please do not hesitate to contact me at (910) 798-7571 or ais m ith tm n hcgov.com. Sincerely, MAR 0 9 2020 Gideon Smith Current Planner 0__,.1 'kr, v . RECEIVED Page 1 of 2 APR 15 2020 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Barms, Admoontrator Govemor Roy Cooper Office of Archives and History secretary Susi H. Hamdum Deputy secretary Kevin Cherry September 19, 2019 Bobby Southerlin Archaeological Consultants of the Carolinas, Inc. 121 East Fast Street Clayton, NC 27520 Re: Archaeological Report, Preservation Point Subdivision, 1505, 1541, 1603, & 1607 Castle Hayne Road, Wilmington, New Hanover County, ER 19-1706 Dear Mr. Southerlin: Thank you for the archaeological survey report concerning the above -referenced project. It is a well written report that clearly describes the methodology and results. The cultural overview was especially well crafted, specific to the geographic area of the investigation and utilizing the most recent research. Two late 20' century home sites and one prehistoric archaeological site were identified and assessed during the survey fieldwork. All were determined to have no additional research value beyond what was conducted and presented in the report. Because of this they were not considered eligible for listing on the National Register of Historic Places. Archaeological Consultants of the Carolinas, Inc. recommends no further archaeological investigation in conjunction with the Preservation Point Subdivision project. We concur with this recommendation. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewf&ncdcr.ggvv. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, )✓Ramona Bartos, Deputy VV Deputy State Historic Preservation Officer cc: Dana Lutheran, Southern Environmental Group, Inc. (SEGi) RECEIVED MAR 0 9 2020 RECEIVE�&!`'I v, -TON, NC 1--ti—: I09 Eastlanee Smree Rae:ph NC 27601 Mailing Addrew: 4617 Mail Service Center, Rdeigh NC 27699-4617 Telephme/Pair: M9) 807fi570/A074S" APR 15 2020 - DCM-MHD CITY a llorth Carolina Department of Cultural Resources State Historic Preservation Office Pnar B. Sandb. A k imoenor Michael C. Eulcy, Governor Office of Archives and Mowry Lhbah C. Evone, Se¢etary Division of Hhtodcal Resources Jearey J. Cane•, Depury se¢etary David Brock, D'nectoc May 23, 2007 Amanda L Kolb Environmental Consultant Southern Environmental Group, Inc. 5315 S. College Road, Suite E Wilmington, NC 28412 Re: Request for Information Concerning 8-acre Spoil Island, Adjacent to 1521 Castle Hayne Road, Wilmington, New Hanover, ER 07-1035 Dear Ms. Kolb: We have reviewed your May 14, 2007, request for comment concerning the existence of historic or archaeological resources on an 8-acre spoil island .27 mile north of the mouth of Smith Creek on the Northeast Cape Fear River. Though the island is situated within historic rice fields and the adjacent waters may contain submerged archaeological resources, there are no known historic or archaeological sites on the high ground (above mean high water) of that property. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, Q ter Sandbeck ADMINISTRATION 507 N. Bbom Ua,t, Rilcl;l, NC 4617 Sldl Sern a Ccaiu, RAw h NC 27699-1617 RESTORATION 95 N. Blunm Stteu, Rdo,l, NC 4617 Aloi ScM. C.,e 11.60 NC 27699A617 SURVEY & PLANNING 515 N. Blom, tioeo, Balogh NC 4617 NI,4 Srry C—,., Rd igh NC 276994617 RECEIVED MAR 0 9 2020 !�^.'.1 -:%l ^JC APR 15 2020 M-MHD CITY NEW HANOVER COUNTY ENGINEERING Z ,' Government Center Drive, Suite 160, Wilmington, NC 29403 P: (910) 798-7139 I F: (910) 798-7051 I NHCgov.com Jim lannuccl, PE, CFM, County Engineer December 20, 2019 Coastal Laud Design, PLLC PO Box 1172 Wilmington, NC 29402 Attn: Mr. Jay Carmine, PE RE: Preservation Point Dear Mr. Carmine: We have reviewed the application and submittal package for the above referenced project and have issued an `Authorization to Construct". Any deviations from the approved plans will require re -submission. The approval issued by the County is that the application and supporting documents are complete and in accordance with the requirements of the ordinance. Nothing whatsoever in the approval should be construed as or be deemed to create additional duties on the part of the County, of New Hanover that are the responsibilities of the Owner and the design professional. If there is a need for a change in ownership, an "Ownership Change Form" must be submitted and a fee of $100.00 will be required. Please be advised, if the land disturbing exceeds one acre, the project will need a Sedimentation & F,rosion Control Permit prior to the disturbance. Please note: Upon completion of Me construction rrqulred by the AutkoriZmion-To-Construct", the design projessional's cerl#krdion must be delivered to the County. If you have any questions regarding the foregoing information, please contact our office Sincerely, Phil Chief Project Engineer New Hanover County 1, cc: File #784-12/20/19 Mr. Peter S. Rye — Preservation Point Pttitaas, L[,C RECEIVED APR 15 2020 DCM-MHD CITY RECEIVED MAR 0 9 2020 QCPA W '-,.11,:GT0N, NC AUTHORIZATION - TO - CONSTRUCT The posting of this certificate certifies that an Authorization -to -Construct has been issued for this project by the New Hanover County Engineering Department in accordance with the New Hanover County Storm Water Management Ordinance. Preservation Point Project Name Construction Authorization Conditions — 1) All other local, state and federal permits will be obtained before starting work. 2) All construction will be in accordance with the `Authorization -to -Construct" and approved piarr. 3) Modin"tiona may be requested, but may not be constructed without the Issuance of a revised "Authorization-lo-Construct". 4) The owner shall arrange for adequate construction observation by a design professional who shall, upon project completion, certify to the completion of the work in accordance with the "Authorization -to -Construct'. 5) The County may visit the project and observe the progress of the work. However, nothing whatsoever in the visit and observation of the project should be construed as or be deemed to create additional duties on the part of the County of New Hanover that are the responsibilities of the owner and the Design Professional. 6) Upon completion of the construction required by the "Authorization -to -Construct", the Owner shall deliver to the County the Design Professional's Certifrwwiote 7) The County shall not allow final plats to be recorded and certificates of occupancies to he issued for and proj"gs) until the County has accepted the construction completion certification, or until a surety in the form and amount acceptable to the County has been posted by the Owner. Certificates of occupancies cannot be issued until temporary and/or permanent drainage facilities have been installed and have been certified as being sufficient to protect the proposed improvements by the Design Professional. 784-12/20/19 Authorization Number o eo m my G a 0 m o v n �, o m � o v December 20, 2019 Date of Issue Reviewer r� New Hanover County Engineering Department NEW HANOVLR Cc> UNI,v ENGINEERING 230 Government Center Drive, Suite 160. Willaim Jon, NC 2W3 P; (910) 79g-7139 1 F (910) 796-70SI I NHCgov.com Jim lannurci, Pt, CFM. County Engineer January 17, 2020 Preservation Point Partners, LLC 9927 Coil 111 Road, Suite 1 Knoxville TN 37932 RE: Grading Permit 429.19 Revision kl, Preservation Point Dear Mr. Scott Rye, This office has reviewed the subject erosion and sedimentation control plan We find the plan to be acceptable with performance reservations and modifications. Please read the Permit conditlons carefully and return the sinned blue anginal to our office and keen the copy for your records As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (N01) form requesting a Certificate of Coverage (CDC) under the NCGO10000 Construction Slormwater General Permit This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project, according to State Stonnwater requirements. The NOI form may be accessed at deq.nc gov/NCG01 Please direct questions about the N01 form to Annette Lucas at or Paul Clark at ,. ,i c l„t p ;r under 1,.;.,v. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially. DEMLR will nut charge a fee for coverage under the NCGOI permit However, on or after May 1, 2019, a $100 fee will be charged annually This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. A copy of the enclosed land disturbing permit, a copy of the approved erosion and sedimentation control plan as well as any approved deviations, the NCG01 permit, a copy of the Certificate of Compliance (COC), records of inspections made during the previous 30 days and a rain gauge must be posted at the lot) site The land disturbing fee of $12,045 is due to be paid to New Hanover County Engineering, to my attention, prior to Plat Recordation A preconstruction meeting is optional prior to any land disturbing activity on this protect. Please contact me at (910) 798-7139 if you would like to schedule this meeting in our office. If you choose not to have the preconstruction meeting, you need to contact us with the date land distu bins activity will take place onsite and attain once the initial erosion control measures are installed. RECEIVED RECEIVED MAR 0 9 2020 APR 15 2020 DCRA4AHD CITY Page 2 of 2 New Hanover County's Erosion and Sedimentation Control Program is performance- oriented, requiring protection of existing natural resources and adjoining properties If, following the commencement of the project, it is determined that the plan is inadequate to meet the requirements of the New Hanover County's Erosion and Sedimentation Control Ordinance, this office may require revisions to the plan and its implementation of the revisions to insure compliance with the ordinance. This land disturbing permit will expire within 1 year following the date of approval, if no land disturbing activity has been undertaken. If no activity takes place within one year after work has begun onsite, the permit will expire. Please contact this office to reactivate a permit that has expired. Acceptance and approval of this erosion control plan is conditioned on your compliance with Federal and State water quality laws, regulations and rules. This permit will not preclude any other permits or approvals necessary for beginning or completing this development. It is the owner's responsibility to have all the approvals and permits that are required prior to beginning construction Please note this approval is based in part on the accuracy of the information provided tit the Financially Responsibility Form, which you providedyou are requested to file an amended form if there is any change in the information included on the form Your cooperation is appreciated, Beth Easley Wetherill NHC Soil Erosion Specialist rc Gideon Smith, Current Planner New Hanover County Jason Carmine PE, Coastal Land Design RECEIVED RECEIVED MAR 0 9 2023 APR 15 2020 DCIA V :L;.:'.:'ZTCN, NC DCM-MHD CITY Permit for a Land Disturbing Activity New Hanover County Department of Engineering 230 Government Center Drive - Suite 160 Wilmington North Carolina 28403 (910)799-7139 Permit A GN 29-19 Revision A] MOP 19-00126 As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance Tfiis permit issued 40 Preservation Point Partners. LLC authorizes the development of 40.15 acres of land at 1S41 Cutk Havre Road for Preeenation Point in New Hanover County with performance reservations and modifications. This permit issued on October 25, 2029 is subject to compliance with the application and site drawings. all applicable regulations and special conditions and notes set forth below. Any Plan modlRcotions must be approved by this office Prior to field chances. it is understood by the applicant that a representative of New Hanover County's Engineering Department may inspect the site at anytime following the issuance of this Permit A copy of the approved Soil Erosion Control Plan, this permit, a rain gauge and copies of the Combined Self -Monitoring and Self inspection Reports must be available at all times at the site Failure to execute the provisions of this permit and the approved Sod Erosion Plan, or arty other provrsmns of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, may result in immediate legal action by the County to the lints prescribed by the Ordinance if the measures outlined on the approved Sal Erosion Control Pian and this Permit prove insufficient, additional Erosion Conti o1 measures can and will be required which in turn will be considered provisions of this Permit. This Permit does not preclude any other permits or approvals necessary for beginning or completing this development Approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State laws. regulations and rules It is the Permittee's responsibility to obtain all necessary permits and approvals. SPKIAL CONDITIONS (THESE CONDITIONS MUST BE rOLLOWED IN ADDMON TO THE PLANS AND SPECIFICATIONS) *This project will be built in 2 phases- The Phase I LOD is for infrastructure work and Phase If LOD is tot lots which will requires additional erosion control if not built on by the permittee. The commercial area along Castle Hayne Road will be permitted separately. All the soil erosion control measures will be installed as the site is cleared and maintained throughout construction These include 2 construction entrance, 2 ditch plugs with immediate ditch filling, sift fences, inlet and outlet protection, 2.1 sloped lined diversion ditches with 2 toot bottoms, 3:1 sloped lined curb outlet swales 2 feet deep wills 4 foot bottoms, 3:1 sloped lined vegetated outlet ditches a minimum of 2 feet deep with 4 foot bottoms. 2 temporary wetland Crossings with silt fences, the second wetland crossing is not allowed until the wetland permits updated and approved, a rip rap lined performed scour hole, 12 sediment traps with 3 coir baffles in each trap with sodded slopes and Faucloth skimmers, a sediment basin with sodded slopes and a 2.5 inch Faircloth skimmer with a 2.4 inch orifice, stockpiles surrounded with silt fence, concrete washouts and all NCG01 regulations. All skimmers in sediment traps will be Faycioth skimmer. Sediment trap 1 skimmer is 1.S inches with a 0 8 inch orifice, trap 2 is 1 5 inches with a 1.0 inch skimmer. trap 3 is 2 inches with a 1 6 inch orifice, trap 4 is 1.5 inches with a 1.4 inch orific1li tTE. is l,tD RECEIVED MAR 0 9 2020 APR 15 2020 '%c DCM-MI-ID-CITY ((ontinued) Page Iwo Permit N GP 29,19 Revision #1 I.NOP 19-OD226 inches with a I.0 mth orifice, trap 6 is 2 Inches with at 6 inch orifice, trap 7 is 1.5 inches with a 1 4 Inch orifice, trap 0 is 1.5 inches with a 09 inch orifice. trap 9 is 1.5 inches with a 1.0 ncCh onfice. trap 10 Is 1 S inches with a 1.0 orifice, trap 11 is 1.S inches with a 1.2 inch orifice. and hap 12 Is IS inches with a 1.0 huh orifice. All disturbance in wetlands must be done bpi ween ram Pveols and disturbed area in the wetlands must be lined with jute. Hay bales are not allowed if lots are not built on by the permittee, additional permits will be required and additional erosion control on the lots in Phase 2 will be required All Section 2 & 3 lots shall have driveway culverts as sized on the plan. Revision 41 approved 1/17/20 for 2.35 acres for offsue utilities and a storage and laydown area on the commercial lot and includes silt fences and a 2:1 sloped stabilized stockpile with silt fence. Note: Construction entrances may also be required 'Tr ep Removal Permits and/or Approvals are required from the City of Wilmington and/or New Hanover County prior to issuance of this permit and clearing the site. 'Silt fence stakes must be steel and will be placed six feet apart without wire reinforcement of eight feet apart with wire reinforcement. Silt fence Is 09I allowed as inlet protection *This permit does not preclude any permits or approvals which may be necessary such as the City of Wilmington or New Hanover County Stormwater, Planning or Zoning, NCDEQ Stormwater, Water Resources or Waste Management. C A M.A , The US Army Corps of Engineers or any other agencies. 'No sediment shall leave the site *If plan revisions are necessary you must submit a copy to this office for approval a for to any field changes. *If sod is brought onto this site or removal from this site, It must come from or be taken to an approved or permitted site to be identified to this office st � to being brought onsue or removal from the site. •AII City and/or County and Stale drainage and Stormwater requirements will be adhered to *If these measures fall to adequately control erosion, more restrictive measures will be required -If any phase of grading ceases for more than 15 working days. the site will be temporarily stabilized. 'All slopes must be stabilized within 21 calendar days of any phase of activity. The approval of an erosion control plan is conditioned on the applicant's compliance with federal and State water Quality laws, regulations and rules -Note the required rates for seed, time. fertilizer and mulch in your seeding specifications `Enclosed is a Combined Self -Monitoring and Self -Inspection Iorm that meets the requirements of both the NPDES Stormwatet Permit for Construction Activities, NCG 010000 reporting and the Land Resources Self -inspection Program that satisfies the requirements of the Sedimentation Pollution Control Act. These are mentioned below with specific requirements for each, program. These reports are the responsibility of the property owner. They require a rain gauge onsite, inspections and reporting every 7 calendar days and within 24 hours of every 1.0 inch rain per 24-hour period and at specific phase of construction. Additional copies of this Combined Construction Inspection Report can be found at h{}u:t (pqr W igdtnr.ixg/uNeq(Ir[_gtgpwr• 11, Nev. f ncmee,mff (910. 7% 'Note the NPOES information from the State for sites disturbing 1 acre or more and the reporting requirements. All projects must inUude the following surface water withdrawal locations and stabilization requirement designations on the plan in order to qualify for coverage under the most recent NPDES Construction General Permit All settling basins must have outlet structures that withdraw water from the surface, with the exception of basins or traps that have a drainage area of less than I acre. The NPDES r permit also requires ground cover within 14 calendar days on disturbed fiat areas and ground cover within 7 tale 'ys Itkr-i-sr RECEIVED MAR 0 9 2020 APR 15 2020 rPdC DM-1RRD CPr1Y_ (Continued) - Page Three Permit R GP 29-19 INDP 19-00126 areas within HQW tones, perimeter dikes, swales, ditches, perimeter slopes and all slopes sleeper than 3,1 Exceptions include slopes that are 10 feet or less in length and not steeper than 2.1 which must be stabilized within 14 calendar days and slopes greater than 50 feet which must be stabilized within 7 calendar days. It requires inspections of all erosion control measures and reporting every 7 days and within 24 hours of every 1.0 inch ram event in a 24-hour period. This permit also includes other new requirements which are listed in the text of the NPDES Slormwatet Discharge Permit for Construction Activities, which is included with the original copy of each land disturbing permit. 'Note the land Resources Self -inspection Program Requirements. This program is separate from the NPDES reporting and requires Inspection and documentation after each phase of construction. These phases include: installation of perimeter erosion control measures, Clearing and grubbing of existing ground (over. Completion of any phase of grading of slopes or fills, Installation of storm drainage facilities, Completion of construction or development. Establishment of permanent ground cover sufficient to restrain erosion and any Deviation from the approved plan. 'Pre -construction meetings are nptional. Contact Beth F. Wetherill at 1910) 799.7139 to set up a meeting prior to land disturbbg activity onsite. N you do not choose to have a preconstruction meeting prior to starting work on site, you need to r.orltact us when activity begins aril again when the fnftiaf _measu_res have been Installed. This Permit will expire one year from date of issue If no construction activity begins on site. This permit may not be amended or transferred to another pony without approval of this office Beth E. Wetherill, C.P.E.S.C. Soil Erosion Specialist/New Hanover County Acknowledgment of Receipt of Permit Owner fly (please prim) Signature RECEIVED RECEIVED MAR 0 9 2020 APR 15 2020 et r'1 VI - ." , Teti, r:C �1 FEB 03 2020 LU O U z w ? RECEIVED LY a� FEB 0 3 2020 \� � \�� }��. . FEB 0 3 Z020 DCM WILMINGTON, INL N i v g RECEIVED W ir Q FED 0 3 2020 U DOM WILMINGTON, *5 t I a pop .......... I It VC i 3... _, �. .J •. .'rwh' ' .{�:�3 , W O 0 v Q'� d a U 2 U #9 RECEIVED FEB 0 3 2020 0 0 ui g ez UCM WILMINGTON,WC C1 e,� McGuire, Tyler D From: dlutheran@segi.us Sent: Monday, March 9, 2020 1:59 PM To: McGuire, Tyler D Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Attachments: Preservation Point CAMA Major Revised MP-1, 2, 3 and 4 and Sup Doc to DCM Final.pdf,, Hough and Kinder Morgan Green Cards.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: CAMA Tyler, Attached are the following documents, that are meant to replace the previously submitted copies MP-1 MP-2 M P-3 MP-4 Revised set of plans (as part of Supplemental Doc.) — Please note we are limiting the project limits, for the island amenities center, to those areas we are proposing work. This should reduce the need for evaluation of areas outside of 100' of the development areas. Project Narrative — Due to the fact that page numbers changed, I included the entire document with appendices. I believe the attached documents are consistent across the board and have been revised as per your comments. To address Jason's comments regarding the alignment of NHW and coastal wetland lines, performing a survey of these lines would be exorbitant, in cost, and unnecessary, as permanent impacts to coastal wetlands are not required. In fact, the proposed development is far removed from any coastal wetlands. The submittal of the CAMA Major will prompt the USAGE to perform, if so desired, a verification of the spoil island. They may choose to issue a "desktop 1D", meaning they approve the line based on previous and current maps. I have reached out to the surveyor to get a copy of the most recent survey map, with metes and bounds and will forward upon receipt. Lastly, I have attached the Kinder Morgan and Hough green cards. If you'd like to sit down and go over the docs together (may be easier with the both of us looking at them), please let me know a date and time, and I will be there. Feel free to call if you have any questions, in the meantime. Dana RECEIVE[) MAR 0 9 2020 RECEIVE M WILMfNGTON, NC APR 15 2020 DCM-MHD CITY -- Southem Ejrvironmental Group, Inc. 5513 rJouth College (load, Suite E Wilmington, NC 28412 Office- 910.t32.2711 Mo6ile:910.228.18+1 (prefe,nd) WWW.SeQ1.us [S gi.usj From: dlutheran0sezi_us <dlutheran(@seai.us> Sent: Tuesday, February 25, 2020 4:08 PM To:'McGuire, Tyler D' <Tyler.McGuire@ncdenr.gov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Hello, Tyler. Attached is the missing page and the Corbett Package Co. signed Notification Statement. I believe that's everything you needed. Dana 5outhem E,rrvironmental Group, Ina 5515 rjouth College (load, rjuite E Wilmington, NC 28tl 2 (Nice: 910.t32.2] 1 I Mo6ile: 91 o.228.I B+I (Preferred) WWW.Sesi.us [secli.usl From: McGuire, Tyler D <Tyler.McGuireCa)ncdenr.zov> Sent: Friday, February 21, 2020 3:49 PM To: dlutheran@segi.us Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Dana, I have received the Fire Marshall's correspondence. However, the plans are missing CW-D1 for the cross sections of the proposed upland fill. Can you either send me a copy of CW-D1 or drop off a copy? Thank You, .T�_4Kr, , Environmental Specialist Division of Coastal Management lnccoastalmanaaement netl North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Tv1er.McGuire a),nedenr.eov RECEIVED APR 15 2020 I)CM-MHD CITY RECEIVED MAR 0 9 2020 DCM WILMINGTON, NC `E-maU corrt3Pandena to aml Jrom this address mar be subject to the North Carolina Public Records Law and may be disclosed to third parties From: dlutheran aa)segi.us [mailto:dlutheran@seai.usl Sent: Wednesday, February 19, 2020 4:51 PM To: McGuire, Tyler D <Tyler.McGuire (a)ncdenr.¢ov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Hi, Tyler. Attached is the fire marshal's letter regarding the boardwalk. I am still awaiting Corbett's green card. I believe it must have gone to the wrong address. UGH! Dana 5outhem Emironmental Group, [nc 3513 5outh College Road, Suite E Wilmington, NC 28412 Office: 910.+52.271 1 Mobile: 910.228.18+1 (Preferred) ~u.seai.us [segi.usl From: dlutheran0segims <dlutheran(@seai.us> Sent: Tuesday, January 21, 2020 2:00 PM To:'McGuire, Tyler D' <Tyler.MCGuirelancdenr.gov> Cc:'Mairs, Robb L' <robb.mairsPncdenr.aov>; 'MacPherson, Tara' <tara.macohersonCo) ncdenr.gov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Hi, Tyler. Yes, that is doable, for me. 5out6em Environmental Group, Inc 3313 South College Road, 5.ite E Wilmington, NC 2e412 Office: 910.432.271 1 Mobile: 910.228.1 e41 (Preferred) [DECEIVED APR 15 2020 DCM-MHD CITY RECEIVED MAR 0 9 2020 DCM WILMINGTON, NC www.scgi.us fsegi.usl From: McGuire, Tyler D <Tyler.MCGuire(ancdenr.gov> Sent: Tuesday, January 21, 2020 1:59 PM To: dlutheran@segi.us Cc: Mairs, Robb L <robb.mairs0Dncdenr.Rov>; MacPherson, Tara <tara.macoherson@ncdenr.eov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Dana, Can we make the Preservation Point site visit on Monday February 3RD around 10:00 AM? We will be meeting at the Cape Fear Memorial Boat Ramp and taking a boat up to the project site. Let me know if you can make this site visit on this day. Thank You, Environmental Specialist Division of Coastal Management fnccoastalmanagement netl North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 1WIer.McGuire &.ncdenr. •E-mail rnrrespondence to and from this address may be subject to the North Carolina Public Records Low and map be disclosed to third parties. From: cilutheranOsegims [mailto:dlutheran(cDsegi usl Sent: Tuesday, January 14, 2020 4:29 PM To: McGuire, Tyler D <Tyler.McGuire@ncdenr.gov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Hey, Tyler. 'DECEIVED I was talking with David Scibetta, here in our office, and he said we wouldn't be able to get a boat up in those Aitctiei.5 Z020 Would need a canoe or kayak. What would be best is a dronel I Thoughts? I K 1 5out6em Environmental GMUP, Ins 7CM-MHD CITY 3513 5outti College Road, Suite E RECEIVED Wilmington, NC 28412 OFFicel 91o.43z.2711 MAR 0 9 2020 DCM WILMINGTON, NC mob& 91 O.zza.I a+I (prefetrrd) w -se i.us se i.us From: McGuire, Tyler D <Tyler.McGuire(&ncdenr.eov> Sent: Monday, January 13, 2020 4:28 PM To: dlutheran(@se¢i.us Subject: RE: [External] RE: Preservation Point LAMA Major Application - Additional Information Required Dana, Are we going out on your boat or do we need to go out on one of ours to reach the site and make a site visit? I was going to see if either Tara or Robb (maybe both) can help me make this determination if Coastal Wetlands are growing in the project area for the marina for Preservation Point. If we use your boat can it accommodate up to 4 people? Thank You, Environmental Specialist Division of Coastal Management fnCCOOstalmanaaement nett North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 1v1er.McG uireia)ncdenr.eov D_ Q •E-mW correspondence to and from this address may be subject to the North Carolina pahtic Records Law and may be disclosed to third parda. From: dlutheran0seai.us [mailto:dlutheran0se¢ims] Sent: Friday, January 10, 2020 9:48 AM To: McGuire, Tyler D <Ddgr.McGuire@ncdenr.¢ov> Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Hi, Tyler. I've attached the January tide chart for the Cape Fear. Take a look and tell me which date is best for our site visit. Thanks. Southern F-mironmental Group, Inc. 5515 South College ]load, Suite E Wilmington, NC za41 z RECEIVED RECEIVED MAR 0 9 2020 APR 15 2020 DCM WILMINGTON, NC l)C,M-MHD CITY Off M 910.432.171 I Mob ei91o.zze.18+1 (Pte(er,ed) ~u.scgi.us [segl.usl From: McGuire, Tyler D <Tvler.McGu[re@ncdenr.eov> Sent: Monday, December 23, 2019 11:48 AM To: dlutheran@seQi.us Subject: RE: [External] RE: Preservation Point CAMA Major Application - Additional Information Required That works just fine for me. See you Friday @ 10 AM. Jim C�" Environmental Specialist Division of Coastal Management [nccoastairnanOQement nell North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Tv1er.MCGuireAnedenr.eov D_E Qom, , "E-mail correspondence to and from this address may be subject m the North Carolina Public Records Law and may be disclosed to third parries. From: dlutheran@seei.us [mailto:dlutheran@seRi.us] Sent: Monday, December 23, 201C 11:28 AM To: McGuire, Tyler D <Tyler.McGuireCcDncdenr.gov> Subject: [External] RE: Preservation Point CAMA Major Application - Additional Information Required Hi, Tyler. I can meet you this Friday. How bout 10 am? Southern r,mtironmental Group, Inc- 3 315 ,South College Road, Suite E Wilmington, NC 20+12 (,irr M 910.43 Z.271 1 Mo61le, 91 o.22D.I a+I (Pr f'M'd) www.seai.us [segi.usl RECEIVED APR 15 2020 i7CM-MHD CITY DECEIVED MAR 0 9 2020 DCM WILMINGTON, NC From: McGuire, Tyler D <Tyler.McGuire@ncdenr.gov> Sent: Monday, December 23, 2019 11:25 AM To: dlutheran@segi.us Subject: Preservation Point LAMA Major Application - Additional Information Required Good Morning Dana, I was wondering if you would like to come in and meet with me to go over the CAMA major application for Preservation Point? I reviewed the application and determined we need additional information in order to accept it as complete and process it. I would like to go over the additional information with you instead of just sending it back. I will be available today and Friday, as we are closed Tuesday through Thursday for the holiday. I will also be available all next week except on Wednesday for that holiday and Friday I will be in the field. Let me know which day works best for you and I will schedule a time for us to go over the additional information for the application. Thank You & Merry Christmas! Try Environmental Specialist Division of Coastal Management Inccoastalmanaaemertt nett North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 (910) 796 - 7424 Tv I e r. M c G u l re(a4 n c d e n r. gov D_E Q *E-nuzil correspondence to and from this address map be subject to the North Carolina Public Records Law and mar be disclosed to third parties. RECEIVED APR 15 2020 DCM-MHD CITY RECEIVED MAR 0 9 2020 DCM WILMINGTON. NC MacPherson, Tara From: dlutheran@segi.us Sent: Tuesday, March 24, 2020 10:50 AM To: MacPherson, Tara Subject: RE: [External] RE: Preservation Point Application Attachments: CAMA Major Supplemental Document 3-24-2020.pdf Tara, See my responses below and the CAMA Major Permit packet attached. `jouthem Environmental Group, Inc. 5315 South College Goad, rjuite F Wilmington, NC z841 z {ice: 910.45 2.271 1 Mo6ile:910.2ze.18+1 ipreferred) www.eegi.ua From: MacPherson, Tara <tara.macpherson@ncdenr.gov> Sent: Monday, March 23, 2020 4:31 PM To: dlutheran@segi.us Subject: RE: [External) RE: Preservation Point Application Hey Dana, 1 am trying to get through this thing and there are multiple copies everywhere... I think I have the most recent. You should have the most recent version, as I sent you the complete packet, via email, on 3/20. The Narrative, MP-1 and MP-2 do not show the same dimensions for the following: B1 A-C is it 2100 or ypT,b 10?? Fixed KL1-1— Is KZL�Ar 229 x 6? Fixed KL2-1 is il�r 204 x 6? These need to match and please make sure the drawings sale for the correct dimension. Fixed How many areas are elevated above navigable waters on the Boardwalk... I only see one on the drawings? One The upland form states that there is a 15 ft. by 15 ft. gazebo ... is this the one on the plans over Section 404 wetlands? Yes Is the spoil island going to have septic but the rest of the site will be CFPUA? Septic I am unclear as to what the approved limits of disturbance were on the previous projects for these parcels... can you clarify? The limits of disturbance approved previously consisted of only the mainland part of the project. RECEIVED APR 15 2020 DCM-MHD CITY There were notes left from the last review Jason looked at... the CW/NHW line. Those lines are most likely not the same... were these points surveyed (please provide land surveyor stamp) or verified when Robb and Tyler went out? We need to discuss this. Please call me Is there a copy of the new J/D since the old one was expired? The JD is part of the previously issued NWP. The temporary impacts for wetlands on A-2 went from a 6 ft. wide temporary corridor to 20 ft. on the latest submittal... why? We had 2, 6' wide temp. impact corridors on each side of the 10' wide boardwalk, but that didn't include the area under the boardwalk. So, we added that area and made the temp impact corridor 20'. 1 want to make sure they do not find themselves in violation due to unauthorized, temporary impacts. B-1 the side view for the kayak launch does not show the edge of channel... are water depths surveyed? Y width of water body, but edge of channel... Please see the detail (top right corner) for the water depths, which were surveyed, marsh lines and Y width of the waterbody calcs. C-1 Kayak launch 2 detail.., need water depths across the channel to define edge. The dock and launch plan shows that the float will be below MLW?? Please see the detail (top right corner) for the water depths, which were surveyed, marsh lines and width of the waterbody calcs. This area Is not PNA. It is my understanding that we are not required to keep the float from resting on the bottom. I had stops there, but Tyler said they weren't necessary. D-1 The riparian corridor line was removed on the latest version. Again.. we need transects to determine the edge of channel on the drawing. We need to discuss this. Please call me. D-2 please convert so MLW is 0.0 on the profile view. I believe this has been done. Please indicate the limits of already approved impacts on the plans for an overview of the entire projects and all parcels. They are shown on the Wetland Impact Map (CW-1, Sheet 10 of 12) If you have already done any of this I apologize. I am coming into the game very late on this one. We can work together to get this moving! Thank you, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tars macohersonOncdenr goy 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: dlutheran(a)semi us [maiIto:dIutherant&seel us] Sent: Friday, March 20, 2020 9:03 AM RECEIVED APR 15 2020 DCM-MHD Book 61134 Page 1992 BK: RB 6184 PG: 1992 -1999 N` rEF $A 00 2018037340 flEOpiDED: NEW HANOVER COUNTY, 1711412o18 REA, ESTATE TAMMY THEUSCH BEASLEY 08:36:41 AM "TX VWD. W REGISTER Or DEEDS BY'ANDREACRES LL ASSISTW ELECTRONICALLY RECORDED NORTH CAROLINA SPECIAL WARRANTY DEED Parcel Identifier No.14J'1N1V'VUI—r UL'VVUt F-V-1 lUU-UV1 Vw VVV KIP4 r VV-UVI LVL-VVV Verified by __ __.._ County on the day of 2018 Mail/Box to: 'Phis instrument was prepared by; Richard M. Morgan. Morgan & Carter PLLC 602 Market Street Wibnington NC 28401 _ Brief description for the Index:___ THIS DEED made this day ofDeoember, 2018, by and between GRANTEE CORBETT PACKAGE COMPANY, a North Carolina general I PRESERVATION POINT PARTNERS, LLC, a partnership limited liability company P.O. Box 210 9827 Cogdill Road, Suite 1 Wilmington, NC 28402 Knoxville, Tennessee 37932 a I — I,;_p,,Hi Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said patios, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, 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 lot, parcel of land or condominium unit situated in New Hanover County, North Carolina and more particularly described as follows: Being all of Tract 3A,'IYad 3 % and Tract 3P as shown on a map entitled "Deed Retracement Survey of Lends Belonging to Corbett Package Company", prepared by ESP Associates, P.A., dated May 2, 2017, and recorded in Map Book 6T I Pages am 3O1 ck%A os, in the office of the Register of Deeds of New Hanover County, reference to which map is hereby made for d more particular and detailed description. 'rhe property hereinebove described was acquired by Grantor by instrument recorded in Book Pager All or a portion of the property herein conveyed includes or X does /not include the primary residence of a Grantor. A map showing the above described property is recorded in Map Book _ _t0 s _, Pages lw -301 t An j 30-L, in OW office of the Register of Deeds of New Hanover County. submitted electronically by "Brian A. Martin, LLC" ",,R 0 9 2020 in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. 2020 CITY Hook 6184 Page 1993 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenaruxs thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantm, that Grantor has done nothing to impair such title ae Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persona claiming by, under or through Grantor, other than the following exceptions: 2019 taxes, and easements and restrictions of record applicable to the above real estate, and zoning, building code, and similar laws and ordinances. IN WITNESS WIILREOF, the Grantor has duly emoted the foregoing as of the day and year foal above written. CORBBIT PACKAGE COMPANY By:=4A.j" PA Edward M. Corbett, Partner STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1, —� L . A/nre1�YS J a Notary Public for the County of and State of North Cmoli»e, do hereby certify that ED W ARD M. CORBETT, a Partner of Corbett P a z� this day personally �a8 Company, Y I�rao IY appeared before me acknowledging to me that he voluntarily signed the foregoing docmnent for the purposes therein expressed Witness my hand and notarial seal, the Ph day of D per, 2018. �C�� Nola blic My Cornmission F.xpirea: r Printed Name of Notary Public: RECEIVED APR 15 2020 DCM-MHD CITY RECEIVED Par2 of 8 MAR 0 9 2020 Qzm V: _,. ---Ti ?', NO Book 6164 Page 1994 CORBETT PACKAGE COMPANY I t i,I , ;(LI' i t STATE OF NORTH CAROLINA 4 COUNfYOFNEW HANOVER L 4 , VCLue-!/ 'a Notary Public for the County of AAal kINZD[-lL'i— ard State of North Carolina, o hereby certify that JAMES W. CORBETT, a Partner of CorbettPackage Company, this day persomuy appeared before me aclmowledging to me that he volmrtarily signed the foregoing document for the purposes therein expressed. W itom my hand and notarial seal, this the P/-d day o'f'D/omnbbar, 2018. �1 1 (7q7 blicMy Com,maeimr Expires: Z3 Primal Name of Notary Public: PUBLIC I , Page 3 of 6 RECEIVED APR 15 2020 r)CM-MHD CITY RECEIVED MAR 0 9 2020 C:, NO Book 6184 Page 1995 CORBETT PACKAGE COMPANY Bx Diana �. orbett, e o- melee David Scott Corbett Trust Agreement dated September 12, 2016, Partner STATE OF NORTH CAROUNA COUNTY OF NEW HANOVER /�/ e I I, EVL" ✓AI {—�V 4,441,s , a Notary Public for the County of �i4Md5'ON wd State of North Caro do hcrcby certify that DIANA G. CORNETT, as Co -Trustee under the David Scott Corbett Trust Agreement dated September 12, 2010, a Partner of Corbett Package Company, this day personally appeared before me adwowledging to me that she voluatarily signed the foregoing document forthepurposes therein expressed. Witness my band and notarial seal, this ffiey�h day of December, 201 B. Not blic My Commission Expires: LLtl'fJS t/v 0�3 . Printed Nato of Notary Public: �yy1_aiN L ii�i9Je� S RECEIVED APR 15 2020 DCM-MHD CITY RECEIVED Page 4 of 8 MAR 0 9 2020 Hook 6184 Page 1996 COREETI' PACKAGE COMPANY Shannon Corbett Maus, as Co -Trustee under the David Scott Corbett Trust Agreement dated September 12, 2016, Partner STATE OF NORTH CAROLINA COUNTY OFNEW HANOVER ��p� �t L• ��II w«"f a Notary Public fur the County of _ /h and State of North Ca ! thereby certify that SHANNON CORNETT MAUS, as Co -Trustee under the bavid Scott Corbett Trust Agreement dated September 12, 2016, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that she voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial My Commission Expire Printed Name of Notary day ofDx ber, 201 g. Public rG'C� r RECEIVED APR 15 2020 0CM-fMHD CITY tn. rri-.IVE;.1 Page 5 of 8 MAR 0 9 2020 Hook 6104 Page 1997 t r CORBM7 PACKAGE COMPANY BYY,cP,dADO (,.C4,h — Kendall C. Cobb, as Co-Truatoe under the William A. Corbett, H Trust created under Article 11 of the Iasi Will and Tastament of William I I. Corbett, Il, dated January 16, 2007, Partner STATE OF NORTH CAROLINA COUNTY OF I, C )I Z&Wk-% J • 1„j� _ _ , a Notary Public for the County of WA State of North Carolina, do hereby certify that KENDAL.L C. COBB, as Co-Trusteo unda the William l-L Corbett, H Trust aeated under Article 11 of the Last Will and Testament of William H. Corbett, 11, dated January 16, 2007, a Partner of Corbett Package Company, this day peisonelly appeared before me acknowledging to me that she voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial aeaL this the day of December, 2018. 6 7=! ,1``,.__ Notary blic CMyCommissionNxpires: IJC.CsN'Mrkm'r' MD019 XC Ut Mcc Printed Name of Notary Public RECEIVED APR 15 2020 OCM-MHD CITY RECEIVED Pap 6of 9 MAR 0 9 2020 Book 6184 Page 1998 9 i 9 CORBETT PACKAGE COMPANY By: CORPAC, LLC, Partner By Ukrs� W. Albert Corbett, Mernber-hboage STATE. OF NORTH CAROLINA COUNTY OF NEW�H"A�N"O�VER / I, �VCLI//y L A44A/s , a Notary Public for the County of O� and Slate of North Csrolin4 do hereby cEr ify that W. Albert Corbett, Member-Mmager of Corpac, LLC, partner of CORBETT PACKAGE. COMPANY, this day persomlly appeared before me acknowledging tome that he voluntarily signed the foregoing document for the purposes therein expressed. Witness my hand and notarial seal, the 7 day of Docember, 201 S. N Public My Commission Expires: �6k;s- [O " Printed Name of Notary Public: - RECEIVED APR 15 2020 ')CPA-MHU CITY Pgp7of 8 MAR 0 9 2020 Book 6184 Page 1999 CORBETT PACKAGE COMPANY ir By: jf,[/Jr�A/f7g. f fY zI2 2>/ tom' "^ — Vivian T. Corbett, A Co -Trustee under I6c William H. Corbett, B Trust created under Article II of the Last Will and Testament of William H. Corbett, II, dated January 16, 2007, Partner STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I l /' ec l� �r County elL ' I, � tl/ L . S � a No Public for the Coca of � J f %ir'!/(9✓L°/� and State of North Carrolmq do hereby certify that VIV LAN T. CORBETT, as Co -Trustee rimer the William H. Corbett, B Trost created under Article B of the Lest Will and Testament of William H. Corbett, II, dated January 16, 2007, a Partner of Corbett Package Company, this day personally appeared before me acknowledging to me that she voluntarily signed the foregoing document for the purposes therein expressed. f Witness my hand and notarial seal, this the —MI day of December, 2018. e� IV -t Seuell o Public My Commisaim Expires: _ i Printed Name of Notary Publi L i Page 8 of 8 PUBLIC RECEIVED APR 15 2020 DCM-MHD CITY RECEIVED MAR 0 9 2020 Hook 6201 Page 1738 BK: RB 6201 PG: 1738 - 1742 RECORDED 6311812019 11.17:29 AM BY ANDREA CRESWELL A SSTAN- NC FEE f26 W 2019007368 NEW HANOVER COUNTY, REAL ESTATE TAMMY THELISCH BEASLEY REGISTER OF DEEDS EXTX $3800.01) ELECTRONMNLY RECORDED Prepared by and Return DESC: Tracts San Soucl If Checked, to: Clark, New[on & PM:RO4100-001-015-000, the property Includes the Evans, P.A. R04100-001-016- primary residence of at 509 Princess Street, 000,R041 OO- 001-028.000 feast one of the parties Wilmington, NC 28401 REV; 3r $ 00 defined as Grantor (NCGS 910.762.9743 §105-317.2) NO TITLE OPINION OR TAX ADVICE GIVEN BY PREPARER NORTH CAROLINA SPECIAL WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made effective the f� day of March, 2019, by and between Progress Park Partners, LLC, a North Caroline limited liability Company with a notice and mailing address at 1406 Castle Hayne Rd., Wilmington, NC 28401, Grantor, and Preservation Point Partners, LLC, a Tennessee limited liability company with a notice and mailing address at 9827 Cogdill Road, Ste. 1, Knoxville, TN 37932, Grantee. The designations Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminlne, or neuter as required by context.ECE MCC^rl"CD WITNESSETH: that the Grantor, 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 those certain lots or parcels of lend situated In New Hanover County, North Carolina, and more particularly APR 1 5 ZOZO described as follows: See Exhibit A attached hereto and Incorporated herein by reference. I)CM—MHD CITY TO HAVE AND TO HOLD the aforesaid lot or parcel of lend and all privileges and appurtenances thereto belonging to the Grantee In fee simple. DCr:" 4';LP iii iu i ON, NC FEB 1 3 2020 submitted electronically by "Brian A. Martin, LLC" in coapl lance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6201 Paga 1739 And the Grantor covenants with the Grantee, that Grantor has done nothing to impair the title during its ownership thereof, with the following additional exceptions: 1. Ad valorem taxes for 2019 and subsequent years; 2. Rights of way, easements, and other matters of record, if any; 3. Zoning and/or subdivision ordinances and regulations, if any; and 4. Restrictive covenants of record, if any. And further, that Grantor does quitclaim to Grantee all its right, title and interest, if any, in and to all that certain tract of land described on Exhibit B, free of any warranties whatsoever. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in the manner prescribed by law, as of the day and year first above written. us. rvianayei NEW HANOVER COUNTY, STATE OF NORTH CAROLINA 1 certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Gregory L. Taylor Date: M ' 2019 `." % NON y O� 0_ Notary Public )ICI Notary sprinted or Typed Name RECEIVED rrAA .� buts, My commission expires: APR 15 Z020 OCM-MHD CITY DCi k%,'ILMii,iiTON, NC FEB 1 3 2020 Book 6201 Page 1760 Ex, hIh&A EXHIBIT "A" TRACT ONE: Beginning at a stake on the West side of U.S. Highway 117 (formerly known as the Macadam Road), leading from Wilmington to Castle Hayne Io50 feet North from the Northeast corner of the R. H. Berry tract of eight acres, and running thence North Forty six (46) degrees West 2190 feet to a stake; thence North Thirty three (33) degrees Forty (40) minutes Bast 210 feet to a stake; thence South Forty six (46) degrees East 2188 feet to a stake on the West side of U.S. Highway 117 (formerly known as the Macadam Road); thence with the said road South Thirty five (35) degrees Fifteen (15) minutes West 210 feet the point of Beginning; containing 10.4 acres more or less and being Lot Number 6, on Map made July 19, 1908, by E:J.W. Anders, C.E. said lot of land being about one half mile from the city limits of Wilmington, N. C., and being the same as conveyed to A.S. Kirby and wife, Lula W. Kirby by L.O. Smith and wife, Annie C. Smith, by deed dated Jan. 26th, 1918 and recorded in Book 98 at Page 258, in the Registry of New Hanover County; and being the same as conveyed in Deed Book 2625, at Page 0018, in the New Hanover County Registry. TRACT TWO: BEGINNING at a point in the western right of way lisle of U.S. Highway 117, leading from Wilmington to Castle Hayne, 1050 feet North from the northeast corner of the R.H. Berry tract of eight acres, and running thence North 46 degrees West 155 feet; thence North 33 degrees 40 minutes Bast, and parallel with said U.S. Highway 117, 70 feet; thence South 46 degrees East 155 feet to the western right of way line of said U.S. Highway 117; and thence southwardly with and along the said western right of way line of said highway 70 feet to the point of Beginning, the same being a part of Lot 6, according to a map or plat made by E.J.W. Anders, C.E., July 19, 1908. Being the same land conveyed to Grantor by Herman L. Polk and wife, by deed in Book 373 at Page 373 of the New Hanover County Registry. Being the same as conveyed in Deed Book 2039 at Page 925, New Hanover County Registry. RECEIVED APR 16 2020 OCAN-MHD CITY FstiC iVl=D- DCM WILMINGTON, NC FEB 1 3 2020 Book 6201 Page 1741 EXHIBIT "A" TRACT 3 BEGINNING at a stone marked "H"on the W ester= aide o f the County macadam public road leading from the City of Wilmington to Castle Rayne (now State Highway #117) in said County 3187 fed 4 inehes nottheastwerdly from the northwestern comer of the stone abutment of the bridge crossing Smith's Creek on said road, said distance being measured along the Western side of said road about 10 feet from its center m the same is now laid out (as oflune, 1910), said beginning point being the southeastem comer of a tract No 5 (being the second tract herein), running thence North 46, West 2162 feat to a stone marked "H", this being the Southern line ofsaid tract No 5; thence South240 15' West 219 feet to a stake•, thence South46° Bast2120 feetto a stake in the western side ofthe Conntymacadampublie road (now State Highway No. 117); thence along said road North 35115' Bast 210 feet to the point of Begin. Said tract of land being Tracy No. 4 on map prepared by E. 1. W. Anders, containing 10 171100 awes, more or less. TRAM 4 BEGINNING at apointonthewestem side oftbe: Countymecadempublicroadleading from the Cityof Wilra ngton to Castle Hayes Irt saidcounty (now State Highway No. 117) 3187 feet 4 inches totdi easlwsrdiy Rum the northwestern corner of the stone abutment of the bridge crossing Smith'a Creek on said road, said disisnce beingmeasned along the western side of said road about 10 fact from its center w the same is now laid out (as of June, 1919) said beginning point being a stone marked "H" and; ranrung thence North 46' West 2162 feetto anotherstonemarked'Sr ; thence Nortb24° 15' Bast 135 feet to anotheratone marked "If" in a branch; thence North 350 30' Esst 81 feet to anotber stone marked "H'; thence South 460 East 2190 feat to the waste= fine of said County mad (now State Highway No. 117) at a point 10 feet from the center thereof (as of June, 1919), and thence along said road South 350 15' West 210 feetto the begiuni=g, containing 10 341100 acres, more or leas, and Mug Tract No. 5 on map prepared E. J. W. Anders, recorded in Map Book 2, at Page 8 of the New Hanover County Registry. SAVE AND EXCEPT that property conveyed to the N.C. Department of TYansportation in Book 2845, at Page 570 of the New Hanover County Registry which is specifically excepted from this oonveyeace. RECEIVED APR 15 2020 DCM-MHO CT' D C M \NIL'. " CD N, NC FEB 1J��' Ki M m 0 -...m,,. rn This Mae rrwy not -be, 0, ceri-Ipmd survey afro has not becn cevvtWed Ioy Q. IOCAI governnnent "envy Por- comPhw%ce, WOCK any Ckpphmole. land ckevelopment rejulatiorns and has hot Keen r'e.viewcd -6r compkimce, with rc-c.orjlr5 (L Rtnr2McntS -Por Plots. i Hook 6184 Page 2008 BK: RB 6184 PG: 2008 •2028 NG FEE SS4 00 2016037344 RECOROEO. NEW HANOVER COUNTY, iviuzoie TAMMY THEUSCH BEASLEY 09:33:20 AM ECTX$DO0 REGISTER OF DEEDS eY ANGELA ENGLISH DEPIRY ELECTRONICALLY RECORDED DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (NORTH CAROLINA) Prepared by after recording return to: Brian A. Martin, LLC 212 Trade Street Greer, SC 29651 LENDER ADDRESS: FirstBank 520 W. Summit Hill Dr., Suite 801 Knoxville, TN 37902 Attn: Matt Keaney TRUSTEE ADDRESS: Jake Kraemer 504 Old Tavern Circle Knoxville, TN 37934 R; =Cc{VE or,m WILMINGTON, NC FEB 1 3 2010 RECEIVED submitted electronically by "Brian A. Martin, LLC aR 1 2�2� in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register o Deed 1)C1W-MHD CITY Book 6186 Page 2009 DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FD(TURE FILING This DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (as amended, restated, replaced, supplemented, or otherwise modified from time to time, the "Security Instrument") is dated effective as of December , 2018 by PRESERVATION POINT PARTNERS LLC, a Tennessee limited liability company, as grantor ("Grantor"), to JOHN A. KRAEMER, a Tennessee resident, as trustee ("Trustee"), for the benefit of FIRSTBANK, a Tennessee banking corporation, as beneficiary ("Lender"). RECITALS A. LCG Investments, LLC, a Tennessee limited liability company ('Borrower") is indebted to Lender pursuant to: (i) that certain Master Promissory Note dated as of October 28, 2015 from Borrower to Lender in the principal amount of $5,000,000.00, as amended and restated pursuant to that certain First Amended and Restated Master Promissory Note dated as of August 11, 2016 from Borrower to Lender in the principal amount of $5,400,000.00, as amended and restated pursuant to that certain Second Amended and Restated Master Promissory Note dated as of October 5, 2016 from Borrower to Lender in the principal amount of $10,000,000.00 (as amended, restated, modified, extended or renewed from time to time, the "Master Note"); (ii) that certain Master Credit Agreement dated as of October 28, 2015 by and between Lender, Debtor, and the Guarantors (as defined therein), as amended and restated pursuant to that certain First Amended and Restated Master Credit Agreement dated as of August 11, 2016 by and between Lender, Borrower, and the Guarantors (as defined therein), as amended and restated pursuant to that certain Second Amended and Restated Master Credit Agreement dated as of October 5, 2016 by and between Leader, Borrower, and the Guarantors (as defined therein) (as amended, restated, modified, extended or renewed from time to time, the "Loan Agreement"), along with all obligations under all other Loan Documents, as such team is defined in the Loan Agreement; and (iu) that certain Promissory Note ("Note") dated as of the dote hereof from Borrower to Lender in the principal amount of $1,400,000.00 (the "Individual Loan") and made pursuant to the terms of the Loan Agreement; and (iv) such other documents executed by Borrower in connection with the Loan Agreement or Note, which Note and Individual Loan shall mature on December 5, 2020. B. Lender is not willing to make the Individual Loan, evidenced by the Note, or otherwise extend credit to Borrower unless Grantor mortgages the Mortgage Property (as defined herein) for the benefit of Lender by the execution and delivery of this Security Instrument. NOW, THEREFORE, Grantor, and by their acceptance hereof, each of Trustee and Lender covenants and ageas as follows: Grantor, in consideration of the Individual Loan, the Note, the Loan Agreement, and the trust created by this Security Instrument, and to secure to Leader the repayment of the Indebtedness (as defined in this Security Instrument), and all renewals, extensions and modifications thereof, and the performance of the covenants and agreements of Borrower and Grantor contained in the Loan Documents (as defined in the Loan Agreement), irrevocably and unconditionally mortgages, grants, warrants, conveys, bargains, sells, and assigns to Trustee, in trust, for benefit of Lender, with power of sale and right of entry and 2 DCM WILY; �N, NC FEB 1 41E&IVED APR 15 2020 DCM-MHD CITY Book 6184 Page 2025 IN WITNESS WHEREOF, Grantor has signed and delivered this Security Instrument under seal (where applicable) or has caused this Security Instrument to be signed and delivered by its duly authorized representative under seal (where applicable). GRANTOR: PRESERVATION POINT PARTNERS LL.C, a Tennessee limited liability company By: f Peter Scott Rye, Manager STATE OF . M COUNTY OF KNOX) Before me, the undersigned, a Notary Public of said County and State, personally appeared Peter Scott Rye, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath, acknowledged himself to be the Manager of Preservation Point Partners LLC, the within named bargainor, a Tennessee limited liability company, and that he as such Manager, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the company by himself as such Manager. Witness my hand and seal, this .5 4kday of Dc be 2018, r `P�\0!A!!CNG STATF � y Notary Public OF ? My Commission Expires: oig a0 � i• TENNfSSEE i t. NOTARY j 3 ' PUDtIC 1*1'. kCOtl 100N DCWI WILMING 1 ON, NC FEB 13 2020 RECEIVED APR 15 2020 MHD CITY Book 6184 Page 2026 IEi I EXHIBIT A All that certain piece, parcel or tract of land designated as Tract 3A, Tract 3B and Tract 3F as shown on a map entitled "Deed Retracement Survey of Lands Belonging to Corbett Package Company", prepared by ESP Associates, P.A., dated May 2, 2017, and recorded in Map Book 65, Pages 300-303 in the office of the Register of Deeds of New Hanover County, reference to which map is hereby made for a more particular and detailed description. This being the same property conveyed topreservation Point Partners, LLC by deed of orbett Package Company dated Z l} 2018 and recorded ►2 , 2018 in Book at Page � New Haven County records. Parcel ID No.: R04100-001-002-000, R04100-001-003-000, and R04100-001-002-000 1 ; ---C, =i V -D DCiA WILMINGTON, NC FEB 1 3 2020 RECEIVED APR 15 2020 DCM-MHD CITY Weychert, Curtis R From: dlutheran@segi.us Sent: Thursday, June 4, 2020 1:37 PM To: Weychert, Curtis R Cc: Dunn, Maria T.; 'Currey, Gregory E CIV USARMY CELRP (USA)'; 'Pace Wilber - NOAA Federal' Subject: [External] RE: Preservation Point Partners, New Hanover Cc a � External emailnPo not click links or open attachments unless you verify: Send all suspicious email as on attachmenbto re oort"soamrwncgov Hello, Curt. I have discussed the WRC's comments with the Applicant and, by way of this email, offer the following responses: The marina facility as proposed includes two debris deflectors. While the structures are proposed to deflect debris, this location exhibits strong currents and winds, potentially turning these structures into navigation hazards. To minimize navigation hazards near the channel and within the main body of the river, the positioning of the deflectors should be contained within the quarter width of the river. o SEGi has been in contact with the US Coast Guard, who did not object to the location of the deflectors. These structures have been positioned as far out of the navigable channel as possible. The floating platforms associated with the kayak launches appear to lend themselves to resting on the shore or creek substrate. It was recommended during the scoping meeting these structures be fixed rather than floating to remove this impact. This recommendation is put forth again. At minimum stops should be included in the project design at 18" above MLW. o The Applicant has incorporated stops into the design plan, for the floating structures. The Northeast Cape Fear River is designated as a PNA and as critical habitat for Atlantic Sturgeon. Smith Creek is designated AFSA. To minimize impacts to these resources, a February 1 - September 30 in -water moratorium should be placed on the project. This includes construction in open water and wetlands regularly inundated by the river and creek systems (the connected floodplain). o It is SEGi's understanding that the DCM will be coordinating the WRC, FWS and NMF, regarding the moratorium. At this time, we are awaiting comments from NMF. Once received, this coordination can take place. The placement of structures in this area may increase the amount of sediment accretion at the docking facility. Due to the classification of this area as PNA, any future requests for dredging in the area will be denied. We request the applicant to fully evaluate this issue prior to creating these environmental impacts. o The Applicant understands that dredging will not be permitted, in this area, should the accretion of sediment become an issue. • Sedimentation and erosion control measures should be installed and maintained throughout project implementation. o S&EC practices, will be installed prior to land disturbing activities and maintained, through out the duration of the project, as required by the New Hanover County Land Disturbance Permit. Wetlands provide important water quality functions and habitat opportunities within these systems. Matting should be used to minimize the lasting effects of temporary impacts from heavy equipment during construction. Any ruts or vegetation damage should be remediated post construction. o As proposed in the application, logging mats will be used, where possible, and any disturbed wetlands wily be returned to their original grade and contour and allowed to re -vegetate naturally. • A marina management plan should be incorporated that addresses overnight docking, spills, what spill control and clean-up equipment will be available, and minimally identifies whether a trained dock master will monitor the area. This plan should also include the posting of information for boaters including emergency numbers and facility contacts. o The Applicant will install signage, directing boaters to the location of the pump out station, instructions on what to do, should a spill occur, and where clean up equipment can be found, as well as provide emergency and facility contact numbers, and notification that overnight docking is prohibited. Signs will be placed in several locations on the marina structure. • A pump out facility should be made available or directions to the nearest pump out facility should be posted. o See response above. Dana Southern Environmental 3roup, Inc 5315 Soutar College Road, Suite E Wilmington, NC 28412 Offioc: 910.452.2711 Mo6ile:910.228.1841 (Preferred) W W W.SCQJ.u6 From: Weychert, Curtis R <curt.weychert@ncdenr.gov> Sent: Wednesday, June 3, 2020 6:17 PM To: dlutheran@segi.us Subject: FW: Preservation Point Partners, New Hanover Co Dana, I received these comments today and wanted you to have time to review some of the recommendations and discuss with the applicant/contractor if the recommendations are something you can achieve. Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Weycherttancdenr.gov 400 Commerce Ave Morehead City, NC 28557 From: Dunn, Maria T. <maria.dunn@ncwildlife.org> Sent: Wednesday, June 3, 2020 4:56 PM Tn:..Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: Preservation Point Partners, New Hanover Co Curt, Please accept the attached for the above project. Thank you. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. ROY COOPER NORTH CAROLINA Govemor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 8, 2020 Mr. Rye and Mr. Logue, This letter is in reference to the application submitted for New Hanover County, for a Coastal Area Management Act Major Permit to undertake development activities to construct a 133-unit subdivision with an open pavilion arcd amenity area, boardwalks, and a 98-slip community marina adjacent to the NE Cape Fear River and two kayak launches on Smith Creek In Wilmington. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make August 21, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 211) or e-mail (Curt. Weychert@ncdenr. gov). Cc: DCM Wilmington Dana Lutheran, SEGI Sincerely, Curtis Weychert Assistant Major Permit Coordinator RECEIVED 1UN 0 8 1010 MP SECTION DCM - MHD CITY NO PI CAN NA Vg .aa Me1Pml� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 CAMA MAJOR PLANS for PRESERVATION POINT SUBDIVISION New Hanover County, North Carolina OWNER/ DEVELOPER: PRESERVATION POINT PARTNERS, LLC 9827 COGDILL RD., SUITE 1 KNOXVILLE, TN 37932 ENGINEER/ LANDSCAPE ARCHITECT Coastal Land Desian.PLLC Civil Engineering / Lardec*9 Architecture Land Planning / Construction MwagemeM NCBELS Finn Uwi s No: P-0369 P.O,BoK 1172 Phone: 91625E-9333 Wlmington,NC2SQ2 w .ddwg. Fats: 91625 OW2 SURVEYOR: ESP & ASSOCIATES, INC. 211 RACINE DR. SUITE 101 WILMINGTON, NC 28403 (P)910-4443899 www.espassociates.com /LIC# F-1407 CONTENTS -1 PROPOSED OVERALL DEVELOPMENT INDEX -2 PROPOSED ISLAND AMENITY INDEX A-1 PROPOSED BOARDWALK PLAN & PROFILE (1 OF2) A-2 PROPOSED BOARDWALK PLAN & PROFILE (2 OF 2) 3-1 PROPOSED DOCK & LAUNCH PUN (R2 NORTHERN SITE) CA PROPOSED DOCK & LAUNCH PUN (#I SOUTHERN SRE) D-1 PROPOSED MARINA PLAN 0-2 PROPOSED MARINA DETAIL PLAN 1W-1 PROPOSED WETLAND IMPACTS CW-01 PROPOSED WETLAND IMPACT DETAILS SITE 1 PROPOSED SECTION 1 DEVELOPMENT Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Finn License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.ddeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 24 March 2020 RECEIVED MP SE a M DCM - MHD CITY APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY COVER SHEET 1 OF 12 SEE SHEETS D-1 & D-2 COMMUNITY BOATING FACILITY (ALL COMPONENTS, FEATI/RES, & DETAILS) L— — — — — — — WETLAND WTLAND & 404 NN D 1. Project combined grid factor used Is published 1.00002523. 2 Horizontal datum used for this project is NAD 1983 / NSRS 2011 (US Survey Feet). —SEE SHEET B-1 3. The ground control coordinates are localized coordinates based on State NORTHERN DOCK AND Plane coordinates for NGS HIGHWAY. CANOEIKAYAK LAUNCH ' 4. This plat is derived from information gathered by an actual field survey made by this office and platted February, 2017. 5. The primary survey control azimuth was established using the NC VRS Network and verified using NGS control. 6. All distances are horizontal ground measurements unless otherwise noted. 7. All areas computed by coordinate computation method. B. Tracts 3A, 3B & 3F are located within multiple FEMA Flood Hazard Areas as / depicted on sheet 1 of 3. 9. Site zoning and portions of depicted shaded reference information per New Hanover County GIS web So p i 10. Wetlands delineatated b Southern Envionmental Grow Inc. 11. USACE Action ID SAW-2019-00719. 12 DWR project number 2019-0554 VI. F✓EIIND rr rr SEE SHEET CW-1 HATCH LEGEND: WETLAND IMPACTS i, �404 WETLAND HATCH COASTAL WETLAND HATCH COASTAL & 404 WETLAND MIX HATCH a r 7V �� v( RAND A A\ 4 .'.N,AL , _.._.--._..------- �i,��y •- e 25 e 50 100 BAR SCALE 11 — �r Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.ddeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 24 March 2020 RECEIVED JUN 09 2020 MP SECTION DCM - MHD CITY PROPOSED OVERALL DEVELOPMENT INDEX APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY 1-1 SHEET 2 OF 12 ` ` ` 75' C.O.D. COASTAL COASTAL WETLAND . ` WETLAND SETBACK ` . . . 404 WETLANDPC NORTH . <. _. �: �, �� 100 so 0 100- UPLAND ••••••• n BARSCALE 1"=100' .+.` `+ •�•'••., '75' C.O.D./75' A.E.C. BECOME CONCURRENT . . r OF �r `1 BUILT UPON AREA• / #1: OPEN AIR PAVILLION =5,500 SF / // // / / #2: KAYAK STORAGE (NORTH)= 299 SF, / #3: GAZEBO (NORTH) = 171 SF #4: KAYAK STORAGE (SOUTH)= 299 SF #5: GAZEBO (SOUTH) = 171 SF / #6: PICKLEBALL COURTS =1,760 SF #7: MINIATURE GOLF COURSE =1,407 SF / /• #B: GAZEBO (SHEET A-2) = 225 SF TOTAL =9,832 SF 30' ESTUARINE SHORELINE BUFFER 50' NC DEMLR STORMWATER /1 . . . i SURFACE WATER SETBACK /// - Y-�--•`'=- � � 75' A.E.C./75' C.O.D. / • •• ,p.R. `t� ,�MEAN HIGH WATERLINE / OPM / KAYAK STURAGG_ /j :ALL CART PATHS '•. / NORTHEAST CAPE FEAR RIVER • • J • 75' A.E.C. .. . � .. ram. 75' C.O.D. COASTAL + ` ``A + + •; WETLAND SETBACK + + SEE SHEETS D-1 & D-2 • • • • � �< � COMMUNITY BOATING FACILITY ` ` `� `, J e ,•,,,,_ TO COMMUNITY BOATING FACILITY <. : . . E A PROPOSED 10' WIDE FIXED PIER PROPOSED 20'X200" CONSTRUCTION CROSSING LOGGING MATS OR ALIKE TO BE USED WHILE CROSSING WITH HEAVY MACHINERY HATCH LEGEND: El404 WETLAND HATCH ®COASTAL WETLAND HATCH COASTAL & 404 WETLAND MIX HATCH L — "PROJECT REVIEW AREA 11: PROPOSED 55'X700' (5,500 SO OPEN AIR PAVILLION 75' C.O.D. COASTAL WETLAND SETBACK` •�� ///COASTAL WETLAND IRKING AREAS TO BE MULCH !7: PROPOSED •S, •'. � + + ` // MINIATURE GOLF - • - COURSE 1.407 SF A.E.C. #6: PROPOSED DOUBLE PICKLEBALL COURTS 20'X44' EACH .... #4 fteOSED S UPLAND KAYAK.... •'� 404 WETLAND . G a 75' A.EC./75' C.O.D. COASTAL WETLAND114 yy D .I LAUNCHI !J Coastal Land Design, PLLC Civil Engineering I Landscape Architecture Land Planning I Construction Management NCBELS Finn License P-0369 P.O.Box 1172 Phone: 910-254-9333 VMlmington, NC 28402 Fax: 910-254-0502 v .ddeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 24 March 2020 RECEIVED JUN 61 2M MP SECTION RWHI ISLAND AMENITY INDEX APPROVED: JBP PROJECT: 989-01 CHECKED: St. SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY 1-2 SHEET 3 OF 12 P'KOPOS \1 4- IV _ �� BIKEAD/ALKI 66TRAIL �. � ��✓ � 75' A.E.0 5' C D. 0" EM STORMW ER F WATER pRM OSE N70'1j��`E/ELEVAT D, / w 30 EST ARIN HO LIN UFFER ARD ALK - 55 0 LF (5, F) r�/uj�1� O W W W W M HIG MATQFiLII � 1 D / 0' TEMPO Y NST CTIOI C RID (TO L=31�O SF70.72 ) &SF70.72 ) _ & � 404 LAND / MART PATH 404 WETLAND LINE W W W _ _ / — 1 � �J/ LKING yr f. _ � f_ _ �, �/ 1emu / / / / / l50 / / 50 / �10� PROPOSED BOARDWALK PLAN BEGIN 10' WIDE MEAN HIGH WATER SCALE 1 "=50' BAR SCALE 1„ =50, MATCHLINE ELEVATED, 404 WETLAND 30' EST. �COASTALWETLAND B-1B FIXED SHORE. COMPONENT B-1 C I 4.0' MIN BOARDWALK 75' A.E.CI BUFFER ABOVE SUBSTRATE PROPOSED 10' WIDE ELEVATED, i �175' C.O.D. FIXED BOARDWALK - 550 LF 30.0' 75' RISE/FALL SECTIONS TO MEET A.D.A. STANDARDS PROPOSED BOARDWALK PROFILE SCALE 1"=50' :1ED WI ED -C1. POPO_QODWK-5 / = w7/O rw z rw T PO RY ONS UC ON w ! O /(5050 P 10' WID 1 IXE 5 OAR W K CO IDOR (TO AL=3 ,320 /0.7 AC) n77/ ) C / L 'T / �. / �. 0' 0' 50' 10 PROPOSED BOARDWALK PLAN SCALE 1"=50' BAR SCALE 1 "=50' MATCHLINE B-iC U W w ui w U B 1A • w¢ (r W0LL 3 3 w0� < :1,100 LF PROPOSED 10' WIDE ELEVATED, rn r o = 7 m o m 2 z = Z o = 7 Pn n m m ^ ! MATCHLINE ! nY rn aneonrnrei v _ cen i r l 4.0' MIN J 6.0' MIN —/ I ABOVE SUBSTRATE ABOVE NHW COMPONENT B-1 B STANDARDS A SECTIONS MEET A.D.A. STANDARR DS (1' PER 12'2' OR FLATTER) PROPOSED BOARDWALK PROFILE SCALE 1"=50' Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 www.ddeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 9A Marrh 9n9n RECEIVED JUN 0 9 2020 MP SEC11ON��rr PROPHt-MO�ARDWALK PLAN & PROFILE APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY A-1 SHEET 4 OF 12 NORTH 50' 0' 50' 100' 1� B R C E/1"=50' PROF 2 PO ' TE TCHLIN / CORF�DO1� / 1 _ PROPOSEDf T 1 � / MATCHLINE B-1B I COMPONENT B-1A= 5,270 SF (10' WIDE FIXED BOARDWALK) /75'�EC & CO COST%%jjLL V7 LANE D 0' WIDE 7ED 3' 0' C' 01 U4DW K-'C'�/2`/7`n'L'F / / / /' 4D4 / UPLAND v/ ♦ 2,42 � // / ) y y y v y v " /UPLAND / �y COMPONENT S-2♦ . (COMPONENT #8, SHEET 1-2) r/----l5'Xl5'(225SF)PILESUPPORTED FIXED GAZEBO PROPOSED BOARDWALK PLAN (DRIP LINE) SCALE 1"=50' PROPOSED 10' WIDE ELEVATED, FIXED BOARDWALK -527 LF 30'AEC 75' AEC BUFFER/ VEG. COD COASTAL BUFFER SETBACK NORMAL HIGH 404 WATER/COASTAL ETLANO WETLAND 4' MIN ABOVE SUBSTRATE PROPOSED BOARDWALK PROFILE SCALE 1"=50' -RISE/FALL SECTIONS TO MEET A.D.A. STANDARDS r �y 404 END 1,627 LF X 10' WIDE ELEVATED, FIXED BOARDWALK Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Finn License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 9A Marrh 9(19n RECEIVED JUN 0 9 7020 MP SECTION DCM - MHD CITY PROPOSED BOARDWALK PLAN & PROFILE APPROVED: JBP PROJECT. 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY A-2 SHEET 5 OF 12 St'pL •SEE SHEET D-1 FOR TURNING BASIN AND � -� � aFlXED PIER � 4NANGATION + M-5 COMPONENT=3,300 SF -i A�1 { Q U,r {i/y1 V {i(,��, -= '� ....n_.+ CHAN L LOCATION AND DIMENSIONS 4 � �..� 3 � "�,.� �_ a 4 404aWETLv1ND � (10.0 LF X 330 LF) E 4'..4A4 WETLAND COA A N2%J<A\N \ L \\\ A\\\\\\\\\\\\ r \\\\ L' G WA\ CO A A N \ COASTAL WETLAND LINE APPROXIMATE MARSH LINE FLOATING DOCK FLOATING DOCK M-1 COMPONENT=680 SF M-4 COMPONENT=1,010 SF (8.0 LF X 85 LF) (10 LF X 101 LF) MEAN LOW WATER LINE (DEPTH = 0.00) b FLOATING T-HEAD FLOATING DOCK M-2 M-3 COMPONENT=680 SF r� (8.0 LF X 85 LF) }0 COMPONENT=9,090 SF (10 LF X 909 LF) N N J ' Oj O (D 4 Q B Qj 8 Q 111, 18 ID ® Yt © ® ® ]8 31 ® dfi © @ 4 © © ® ® ® +ry in A TIE PILING (TYPICAL) FINGER SLIPS: 1,285 63 TOTAL PILINGS LF BETWEEN MARSH LINES 7 X 40' LENGTH 1/4 CHANNEL WIDTH � 9 X 45' LENGTH (MARSH LINE TO MARSH LINE) -� 6 X 50 LENGTH 14 X 35' LENGTH M-6 COMPONENT=300 SF _ - M-7 COMPONENT 300 SF - 150'(L) X 1'(W) DEBRIS DEFLECTOR/ 12 X 30' LENGTH 150'(L) 1'(W) DEBRIS DEFLECTOR/ .. \_ —� BREAKWATER (*SEE NOTE) NORTH TOTAL=48 _BREAKWATER (*SEE NOTE) ao o _ ao 1so BOAT SLIP COUNT PROPOSED DOCK, BOAT SLIP, 8t PIER DETAIL PLAN QTY SIZE 10 3OX13 SCALE 1'=80' BAR SCALE 1"=80' 10 3OX14 2 30X16 if ff IF 5 4 3SX14 10 35X15 0 17 35X16 M 6 40XIS ft WRARFN PlFR_' -5 - -- -- -. _.. -.. EiW35TRATE - 7 4OX17 10 30 4SX16 8 45X18 -15 14 SOX19 PROPOSED MARINA PROFILE VIEW (B THRU UPLAND) 98 TOTAL SLIPS 10' WIDE T-HEAD FLOATING DOCK F. SCALE 1'20' GANGWAY MEAN LOW WATER=0.0 5 0 -5— -. -15— — PROPOSED MARINA PROFILE VIEW (A THRU B) SCALE V=20' Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Finn License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.00m PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 9A A/larrh 9f19n RECEIVED JUN 0`9 2020 MIR SECTION DCM - MHD CITY PROPOSED DOCK, BOAT SLIP, & PIER DETAIL PLAN APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY D-2 SHEET 9 OF 12 EDGE OF MARSH,' COASTAL & 404 WETLAND MIX G� COASTAL WETLAND LINE \��+ MLW� NORMAL HIGH WA M-6 COMPONENT=300 SF 150'(L) X 1'(W) DEBRIS DEFLECTOR/ \ BREAKWATER ("SEE NOTE) '4;WETLAN' � ' .pRDPD5E0 ,ZO:X2A . � Gil} ;OQD;';, ,,: Cg0$SIyG,LG�GING.MktTS�'AeIKE.'.'.',� TO•BE'HIi�1�AWHILE CROH�SSIN6�WITH r, ^MARSH M-3 COMPONENT=680 SF (8.01-F X 85 LF) \ 30' DOCK TO DEFLECTOR SOLAR J,4AVIGAF1QN LIGHT ('SSE NOTE) 100' BUFFER _ ' The debris deflector/breakwater will be made of three 10 in. construction grade dredge pipes with composite block spacers in between. The pipe closest to the surface of the water will be filled with foam to allow far floatation. The piping will be anchored by timber pilings and will extend approximately 3.5 ft below the surface of the water. Timber pilings will be spaced every 8 ft and will all have solar powered navigation lights on the upstream side. A solar powered navigation light will also be located on the downstream side of the outermost piling (waterward). In addition, the 44 on top of the pipe running the full length of the structure will be pointed with reflective paint. The structure will be 150 ft in length. TURNING BASIN M—'S COMPONENT=3,300 SF (10.0 LF X 330 LF) FLOATING PIER— M-4 COMPONENT=1,010 SF 1/4 CHANNEL WIDTH (MARSH LINE TO MARSH LINE) COMPONENTS GROSS AREA (SEE SHEET D-2 FOR DETAIL & PROFILE) M-1= 680 SF M-2= 9,090 SF M-3= 680 SF M-4= 1,010 SF M-5= 3,300 SF M-6= 150SF TOTAL= 15,060 SF A,','.'.'.' FLOATING T—HEAD M-2 COMPONENT=9,090 SF (10 LF X 909 LF) 30' DOCK TO DEF]ECTOR� FLOATING DOCK M-1 COMPONENT=680 SF (8.0 LF X 85 LF) SOLAR NAVIGATION LIGHT j (*SEE NOTE) w M-7 COMPONENT=300 SF J 150'(L) X 1'(W) DEBRIS DEFLECTOR/ m BREAKWATER (*SEE NOTE) z 0 0 o m c M M NORTH 0 100' BUFFER C NAVIGATION CHANNEL DEBRIS DEFLECTOR DETAIL SCALE: 1:20 BAR SCALE • Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 viuew.ddeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 24 March 2020 RECEIVED JUN 0 9 M MP SECTION DCM - MHD CITY PROPOSED MARINA PLAN APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY D-1 SHEET 8 OF 12 UPLAND T 30' ESTUARINE Y,T SHORELIN'BUFFER T 404 WETLAND T � T !t� I MEAN HIGH WATER LINE PIER) zz / '4C9PENT KL1-2 - 144.0 SF (18'X8' T-HEAJ> 75' C.O.D./ 75' A.E.C. WALKING/8{KI G TRAIL (UPLAND) PROPOSED 19'X9' (171 SF) FIXED T W a O T 3 fo T W a T I� T OASTAL LAND - T / SURZCEARE KAYAK LAUNC 1-1 = Sp 0 SF KL1-2144.0$1� C PONENT ' L1-0=24.0. SF (8'X3' FLOATING J DOC N LOW / I" / r RASS LIIr T / KL1-3=24.0 SF - (8'X3' FLOATING DOCK) O EAN LOW WATER LINE DOCK AND LAUNCH PLAN SCAEV=3o KAYAK LAUNCH #1 (NORTHERN) COASTAL WE//JIJCND PR CT / EW AREA GRASS LINE MEAN WAT 1,V - 1/4' WAT LINE WATERBODYslow DO EDGE OF CHANNEL 56.1' WATERBODY WIDTH- � _ �\ O oe M MEAN LOW WATER LINE •0� — GRASS LINE DETAIL SCALE I"=N' KAYAK LAUNCH #1 (NORTHERN) OF COMPONENTS OF IffINK1T P 24.0 SF = 24.0 S? eL NSF 56.1' TO OPPOSITE MIAR—SHL—INEE T-HEAD WITH ZI O w GANG\ AT LEAST A OVE 3 IXED PIER N I Z I� 3 SUBSTRATE 1 01 I T CH LEGE 1 -1\ WETLAND HATCH n C WETLAND WETLAND HATCH PRODECT REVIEW AREA T LAUNCHING PLATFORM (AT MEAN LOW WATER) SIDE VIEW (VERTICAL& HORIZO.L) SCALE I-=5 KAYAK LAUNCH #1 (NORTHERN) x 3 Coastal Land Design, PLLC Civil Engineering / Landscape Archdectuie Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.wrn PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 24 March 2020 RECEIVED 1UN 6'51018 MIR SECTION DCM - MHD CITY YAK LAUNCH #1 ( APPROVED: JBP PROJECT: 989-01 CHECKED: SL SCALE: AS NOTED DESIGNED: RL RELEASE: PRELIMINARY B-1 SHEET 6 OF 12 Z- \ I 75' AEC PROPOSED i` HATCH LEGEND: \VIII v WALKING/BIKING TRAIL (UPLAND) F�F-1404 WETLAND HATCH v- ' DCOASTAL WETLAND HATCH UPLAND r n PROJECT REVIEW AREA 9'X19' FU(E GAZEB� WETLAND LINE Lw IL 404 WETLAND ni � v- 30' ESTUARINE SHORELINE BUFFER ' COMPONENT KL2-1 - 1.296 SFL (6'J(216'FIXED PIER) a SURFACE AREA OF COMPONENTS 0 v- OF KAYAK LAUNCH 2 (KL2): u 1 KL2-1=1296.0 SF y KL2-2 = 108.0 SF O MEAN HIGH_ 4� WATERLINE TOT = 1, SF a ' TOTAL = 428.0 SF COASTAL WETLAND ROJEGT COMPONENT KL2-3 = 24.0 SF REVIEW AREA ATOJG Illf-KAYAK LAUNCH) GRASS LINE KL2-2 =108.0 SF 18'X6' T-HEAD ILIN 1 e o n MEAN LOW • WATER LINE ' v ` GRASS LINE DOCK AND LAUNCH PLAN scALsran- KAYAK LAUNCH #2 (SOUTHERN) PROPOSED 6' FIXED PIER (1.296 GRASS LI �"-�- ROJECT REVIEW AREA d o MEAN LOW o -----MEAN LOW WATER LINE WA INE e p O 8.5'=1/4 CHANNEL WIDTH,. �` e D ��0•4G ��--, �' �08 VJ•� /GRASS LINE GE OF CHANNEL DETAIL scA l-=m KAYAK LAUNCH #2 (SOUTHERN) LEAST 3' ABOVEAT SUBSTRATE I_ �I ING DOCK STOPS SIDE VIEW VERTICAL B HORMWAL SCALE V =5' KAYAK LAUNCH #2 (SOUTHERN) Coastal Land Design, PLLC Civil Engineering / Landscape Architecture Land Planning / Construction Management NCBELS Firm License P-0369 P.O.Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.com PRESERVATION POINT SUBDIVISION CAMA MAJOR PERMIT PLANS PRESERVATION POINT PARTNERS LLC 9827 COGDILL RD, STE. 1 KNOXVILLE, TN 37932 9:2020 IH,D CITY M )WN ?Ozo .( j%IfRL. 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