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HomeMy WebLinkAbout47-20 Queens Point LLCPermit Class -------- Permit Number NEW 47-20 STATV OF NORTH CAROLINA Department of Environmental Quality (1O and ,pL Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Queens Point LLC., 300 Green St N. #1750 Greensboro, NC 27401 Authorizing development in New Hanover County at adi. to Howe Creek and the AIWW at 2541 Middle Sound Loon Rd. in Wilmington as requested in the permittee's application dated 12/12/19 (MP-1,2) and 3/10/20 (MP-4) including attached workplan drawings (5) all dated "Revised 12/11/19 This permit, issued on _ April 21, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation .,• =uRy vc —vicut to ones, imprisonment or civil action; or may cause the permit to be null and void. Maintenance Excavation 1) In order to protect juvenile shrimp and frnfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -4 feet below the mean low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) qualified persons within twenty (2o) 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. aigneo Dy me authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_//0"C-� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Queens Point LLC., Permit No. 47-20 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 6) The authorized project 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. 7)' 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 National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 8) No spoil material shall be placed within 30 feet of the mean high water line. 9) All excavated maferials.shall be confined above mean high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. , 10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement'of any dredging activities. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, -and such notification shall include: A. The number of the original permit. B. A statement that no dimensiorial changes are proposed. C. A copy of the original permit plans with cross-hafching indicating the area to be maintained, the area to be used -for spoil disposal, -and the estimated. amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the. Division -prior to.the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. Navigational Aids 12) Unless specifically altered herein, this permit authorizes the installation of 12.day marker type navigational aids, all as expressly and specifically set forth in the attached permit application and workplan drawings. Queens Point LLC. ADDITIONAL CONDITIONS Permit No. 47-20 Page 3 of 3 13) The navigational aids shall conform with any and all appropriate regulations governing such structures, including but not limited to marking and lighting requirements of the N.C. Wildlife Resources Commission and/or the U.S. Coast Guard. USACE Conditions 14) In order to further protect the endangered West Indian Manatee, Trichechus manarus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at b":Hw%vw.fws.gov/nc-es/mammal/manatee guidelines.13df. 15) An "As -Built" survey of the dredged channel must be submitted within thirty (30) days of project completion to the U.S. Army Corp of Engineers Wilmington Regional Office, 69 Darlington Avenue, Wilmington, North Carolina 28403. General 16) Any necessary easements or similar legal instruments shall be obtained prior to the initiation of dredging aactivities. 17) 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. 18) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtnin any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2005-00435) reissued 4/21/20. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2005-0240 v2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. 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. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: _Quf— s VC_l._ — Type: (Check all that apply) New — � Major Mod -__—_._. Permit# -, ___ Minor Mod -. ------ Renewal _ _- - Transfer Permit Coordinator:._-- Field Representative: �- �-_V_ __ cb0,(t_ if] I I111617o W ;1fov�W, Date Time �00 �aoaap 2�8%?v Uf7 ttc' 65 KA- Kv,'cyeA I L tev4w r wl1,c ! Pl rr 1 � / 3li3lbo uS�cC��'R� rtv�ry J,� `�N ZO. Message fZCAVeb 'txl M�C 3/5, 111131 Jl-v amp+ �� '"k, 1 4 DCM Coordinator: VDJY(' Permit Agents: DCM Field Offices Elizabeth City Morehead City MAILING DISTRIBUTION SHEET 'rL "44c, �KaeSC��7AwfruoP, �. �7�01 ►�'�` Was on (with revised work plan drawmgs(�j �Q (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camd n, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental. Review@ncdcr.gov V Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Anne Deaton Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan 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: Robb Mairs —401 (Carteret, Onslow, Pender, Brunswick, New Hanovert Christine Hall - Stormwater f Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Pro/gran Rodney Butler � I A/Q LPO: r1.!� (NCDOT) Travis Wilson 1. Form DCM-MP-1 APPLICATION for Major Development Permit past revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary ApplicanNLandowner information Business Name Queens Point LLC Project Name (if applicable) 2541 Middle Sound Loop Road Applicant 1: First Name MI Kenneth Last Nam NA Miller Applicant 2First Name NA MI Name NA Nq If 8*160nal applicants, please attach an additions/ pegefs) wdll names Mailing Address b'stetl 300 GREEN STREET N 01750 PO Box City State ZIP GREENSBORO NC Country 27401 Phone No. USA 919-385-5680 FAX No. Street Address fif different ham above) 2541 MIDDLE SOUND LOOP ROAD City Stale ZIP Email WILMINGTON NC 28411 klemons(ftra nvillecapitalinc. corn 2. Agent/Contractorinformation Business Name Land Management Group Agent/ Contractor 1: First Name Andy Agent/ Contractor 2: First Name Greg Mailing Address 3805 Wrightsville Avenue, Suite 15 ZIP 28403 FAX No. Street Address (if different Imm above) Email adortchialmdroo net; abncliftlmarouo net MI Last Name Dortch MI Last Name Finch PO am City Wilmington Phone No. 1 910-452-0001 Phone No. 2 eat. ext. Contractor City I State ZIP State NC ' ENEp LAMA Permit Application for RECEIVED Major Development —December 2019 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina JAN 06 2020 DCM-MHD CITY DCM WII.MING*I'0N, N0 3. Project Location County (can be multiple) ddress State Rd. a New Hanover E2541iddle Sound Loop Road NA Subdivision Name City Slate Zip Wilmington NC 28411 Phone No. Lot No.(s) (if many, attach addifional page with list) 336-217-4152 a. in which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Channel to Howe Creek C. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknown Howe Creek e. Is Proposed work within city limits or planning jurisditlion? f. If applicable, Hsi the planning jurisdiction or city limit the proposed ®Yes �No work falls within. New Hanover County 4. Site Description a. Total length of shoreline on the tract (ft.) It. Size of entire tract (sp.e.) 1, 167' 543,966 (12.5 acres) C. Size of individual lot(s) d. Approximate elevation of bad above NHW (normal high water) or NA NWL (normal water level) 0Imany lot sizes, please attach additional page with a list) 0-22 (@NHW or ONWL e. Vegetation on tract Oaks, pines, wax myrtle, upland grasses and shrubs, coastal wetlands. I. Man-made features and uses now on tract House, garage, driveway, dock facility. g. Identify and describe the existing land uses adiacent to the proposed project site. Residential single family dwellings. h. How does local government zone the tract? L Is the proposed project consistent with the applicable zoning? R-20S (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a proles"nal archaeological assessment been done for the tract! If yes. attach a copy. []Yes []No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑ Vas []No ONA Register listed or eligible property? CAMA Permit Application for Major Development — December 2019 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED 12 ill DCM WILMINW06,tir.RECEIVED JAN 0 6 2020 DCM-MHD CITY m. (I) Are there wetlands on the site? ®Yes ONO (it) Are there coastal wetlands on the site? ®Yes ONO (III) If yes to either (i) or (ii) above, has a delineation been conducted? - ❑Yes ONO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal sewer system. o. Describe existing drinking water supply source. Groundwater well. P. Describe existing slam water management or treatment systems. N/A & Activities and Impacts a. Will the project be for commercial, public, or private use? OCommercial ❑PubliclGovemment ®Privale/Community b. Give a brief description of purpose, use. and daily operations of the project when complete. Provide boating access to Howe Creek and AIWW. 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. Channel maintenance excavation by bucket to barge operation to be deposited on spoil disposal island. d. List all development activities you propose. Maintenance of channel to Howe Creek and AIW W. is. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance. f. what Is the approximate total disturbed land area resulting from the proposed project? 20,000 OSq.Pt or ❑Acres g. NAI the proposed project encroach on any public easement, public accessway or other area Oyes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None proposed. I. Will wastewater or stomrwater be discharged into a wetland? -No new discharges ❑Yes ONO ONA If yes, will this discharged water be of the same Salinity as the receiving water? ❑YeS ONO ®NA j. Is mere any mitigation proposed? ❑Yes ONO ❑NA If yes, attach a mitigation proposal. CAMA Permit: Application for Major Development — December 2019 2541 Middle Sound Loop Road RECEIVED Wilmington, New Hanover County, North Carolina Ur.L-'lit 1019 JAN 0 6 2020 AGM WILMINGTQN, NO DCM-MHD CITY B. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in ardor for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction bowNst on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-seclional drawings) drawn to scale. Phase 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 stale 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. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owner have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name BALDWIN CAROL INA ANITA Phone No. NA Address 2519 MIDDLE SOUND LOOP ROAD, WILMINGTON, NC 28411 Name JML WILMINGTON LLC Phone No. NA Address PO BOX 1139, WALLACE, NC 28466 Name Phone No. g. A list of previous stale or federal permits issued for work on the project [fact. Include permit numbers, permiaee, and issuing dates. CAMA major permit number 111.05. Queens Point LLC It. Signed somuaent or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. CerHflcatlon and Penn/sslon fo Enter on Land r unoerstan0 [net any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 12/12/ 19 Pri ante. n D r A ant Land M nit ement Grou Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and FIII Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information UAtwA Permit Application for Major Development — December 2019 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED RECEIVED 2 2019 ucM WILMINGTQNs NO JAN 0 6 2020 DCM-MHD CITY 2. Form DCM MF-2 EXCAVATION and FILL (Except for bridges and culverts) Access Channel Canal Boat (NLW or I I Basin Length 1 1 60' Width 30' 160' Avg. Existing Depth 2.1mlw 3.0 mlw Final Project 4,0' Depth mlw 4,0' mlw 1. EXCAVATION a. Amount of materiel to be excavated from below NHW or NW -In cubicyards. -2,200 cubic yards. a (i) Does the area to be excavated include coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas. NA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Northeast New Hanover Conservancy spoil island. Map attached. c. (i) Do you claim tine to disposal area? ❑yes ONO ❑NA (if) line, attach a letter granting permission from the owner. ATTACHED. e. (1) Does the disposal area include any coastal wetlands/marsh (Cud), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of disposal in these areas' To spread on available upland Boat Rock Rock Other (excluding Ramp Groin Breakwater shoreline stabilization) NA I NA NA I NA ❑This section not applicable Silty sand. d. High -ground excavation in cubic yards. None b. area. []This section not applicable 20D'x100' d. (f) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? Same location. I. (i) Dues the disposal Include any area in the water? []Yes ONO ❑NA (if) Ii yes, how much water area is affected? CAMA Permit Application for Major Development -December 2019 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED DCM Wil-MINGIAN,NO RECEIVED JAN 0 6 2020 DCM-MHD CITY I SHORELINE STABILIZATION OThts section not applicable (it development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: It, Length: LlHmxneao UKiprap UBreakwater/Sill ❑Other: — width: c. Average distance waterward of NHW or NWL: d. Maximum distance walerward or 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? []Yes ❑No ❑NA (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) Wit fill material be brought to the site? ❑Yes ONO ❑NA b. (i) Will fill material be placed in coastal wetlandsimarsh (CW), „ rca, u,nuvuu dquancvegeranon IJAV), snea 00110m (SB), or Omer 04 Amount of material to be placed in the water wetlands (WL)? If any boxes are checked, provide the number (iv) Dimensions of fill area of square feet affected. - (iv) Purpose of fill ❑CW ❑SAV OSB - ❑WL ❑None (ii) Describe the purpose of the NI in these areas: NA a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g.. dregline, controlled? backhoe, or hydraulic dredge)? Existing vegetation, silt fence and/or berm at disposal location. Bucket to barge dredge initial event, C. (1) Wit navigational aids be required as a result of the project? d. (i) Wit wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? []Yes ONO ❑NA (it) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA narc 12/122019 Pmjrvr Nana 2541 Middle Sound Loop Road tppliranr Nanre Kenneth Miller, Queens Point LLC Andy Dortch, Agent, Land Management Group LAMA Permit Application for Major Development — December 2019 2541 Middle Sound Loop Road Wilmington, New Hanover County, North Carolina RECEIVED DEC 12 .019 DCM WILMINGTON, NC 6 RECEIVED JAN 0 6 2020 DCM-MHD CITY RECEIVED Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) MAR 1 0 2020 SECTION MHD 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. 11. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ❑Commercial ❑PubliGGovemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number (Ili) Length (iv) Width _ (v) Floating ❑Yes []No e. (I) Are Platforms included? []Yes ❑No If yes: (ii) Number (III) Length (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (!)Number of slips proposed (ii) Number of slips existing I. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel []open water; no dredging required ❑Other; please describe: k. Typical boat length: m. (i) Will the facility have lie pilings? []Yes []No (ii) If yes number of tie pilings? ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ❑No d. (i) Are Finger Piers included? ❑Yes ❑No If yes: (ii) Number (Ili) Length (iv) Width (v) Floating ❑Yes ❑No f. (I) Are Boatlifts included? ❑Yes ❑No If yes: III) Number (Ili) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). I. (1) Will the facility be open to the general public? ❑Yes ❑No 252-808-2808 :: 1-888-4RC®AST :: www.nccoastalnnanaaernent.net revised:' 2/27/06 MAR 1 0 2020 Fair t ®CAA MP-4 (Structures, Page 2 of 4) MP SECTION Ma D 2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of"Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252-808-2808 :: 1-808-4RCOAST :: w .nceoastalmanaoement.net revised: 12127/06 KLULIVE® (Forts ®OVA MP-4 (Structures, Pegle 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes [--]No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL 1--]None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width _ Note: Rooted areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (1) Number (ii) Length (III) Width S. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑PublictGovemment ❑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 I__._.__ _. _ _ _ . _ . b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED MAR 1 0 2020 252-808-2808 :: 1-888.4RCOASY :: vvwwr.nceoastalmananement.net revised: '12127I08 P 1P S, C3'B1.34aMg J 5 Poirm DCM NP-4 (structures, Page 4 off 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 111' to north, 294' to south 436' to north Note: For buoy or mooring piling, use am of swing including length ofvessel. c. Width of water body 1055, e. (1) Will navigational aids be required as a result of the project? ®Yes []No ❑NA (ii) If yes, explain what type and how they will be implemented. 12 typical signed wooden pile style markers will mark the channel - to be installed by contractor, either jetted or driven d. Water depth at walerward end of structure at NLW or NWL --3.5' mlw 8. OTHER ®This section not applicable a. Give complete description: 1/10/2020 [Date . .2541 Middle Soundloop Road ,Kenneth Miller, Queens Point LLC Applicant. Name . r ,Andy Dortch, Agent LMG Applicant Signature MAR 1 0 2020 IVIP SECTION MHD 252-808-2808::1-eee-4RCOAss :: w .nccoast2llmarraaee,ent.n revised:12127/06 JML WILMINGTON LLC r o ck BALDWIN CAROLINE UEENS POI TLLC �' \ QUEENS i POINT LLC'. �l �fh> I MM'-�JI) MUrtN-clA6Wvk- JAN 0 6 2020 DCM-MHD CITY CHANNEL CENTERLINE - PROFILE 1, ADREDGE BOUNDARY Station -1+00 O+DO 1+00 2+00 3+00 4+00 5+00 6+00 >; METING GRADE CUT AREA MAINTENANCE DREDC E CUT TO ♦ MLW Rim •r'l';'+.lJ. n. '.. ...-.^.: Y a:. :t. :f. ...t� . \..:;.4 .'. 6,� v..:. [ k ...� n`.ti � . � V� .. ('"e 4A. Y ( < < `K ?'+• t h•t4 f i"1 E (,4 4 < � Li \ r1 k � k1r'>Z°( \{. t � r ..if . .� r" F v .f �. r 5 � � s r Ni t v 4 f_.f, "�]. ♦ 4 �.>r` '+. + 5 d i 'v Y' ' i t R < ax� C ?r tv i- .. ry`.4 S Vi-YJTi. 4 \ ! i � C�:..iy�` '4 `�i(f...i h�i��.':u.l'i"., .k� i- iy.�;:r�"i,;J'^+.4'f..l .: 1.w. 4i'�.....:s.-Y.'r.+f.. 1;1. f..Y.� :?4 yY,_ e. �v`•L. . Y M -1+00 0+00 1+DO 2+00 3+00 4+00 5+00 6+1 m N W - U W BE NOTES:. 1. 2016 AERIAL FROM NC ONEMAP. 2. _ WATER DEPTHS PROVIDED WTI COASTAL, TAKEN 8/15Y1019. 7 *�� py, yW,y tuytptp tyttnp,p 3. WATER DEPTHS RELATIVE TO MLW. J. 4. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. - aMewa V.1Glsplp .T. smsw' �ie...swrs nofrArw RECEIVED JAN 0 6 2020 DCM-MHD CITY RECEIVED JAN 0 6 2020 DCM-MHD CITY EXISTING PRIMARY ACCESSWAY MARCH #� Approximately 17V within USAGE E`arre nt Ar ea ._..._ 4 /.r EXISTING SECONDARY ACCESSWAY ~4 4f PROPOSED AREA OF DISPOSAL Private Property - Northeag New Hanover Conservancy Approximate Area - ZW x 1W' A N ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quatity March 16, 2020 Queens Point LLC Kenneth Miller (klemons@granvillecapitalinc.com Dear Mr. Miller, This letter is in reference to the application submitted for Queens Point LLC., for a Coastal Area Management Act Major Permit to undertake development activities to perform dredging adjacent to Howe Creek and the AIWW, in New Hanover County. 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 May 28, 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. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, a Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM WiRO Andy Dortch and Greg Finch (Land Management Group) via email North Carolina Department of Environmental Quality I Division of Coastal Management Morehead Clry Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.8082608 Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, March 16, 2020 3:35 PM To: klemons@granvillecapitalinc.com Cc: Andy Dortch; Greg Finch Subject: Queens Point CAMA Extension Attachments: Queens Point EXT.pdf Afternoon all, Please see the above attachment for the extension of the Queen Point LLC project. To date I am waiting on USACE, which recently put the project out for review and comments are due to USACE 4/14/20. Once those comments have been received I should be able to make a final decision shortly thereafter. Regards, Gregg Gregg Bodnar Assistant Major permits Coordinator Division of Coastal Management Department of Environmental Quality 252 US 26M ext 21S (Office) Gregg.9adnjrenodenr.g?r &n*Ucorrespondence to and Jrom this address is subject to the NorthCarnNno Public Records low and may be disclosed to third parties. Bodnar, Gregg From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Sent: Friday, March 13, 2020 4:23 PM To: kathryn_matthews@fws.gov, Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov, Owens, Jennifer L CIV USARMY CESAW (USA); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan coble; Ryan.L.Taylor@uscg.mil; fritz.rohde; matt creelman; Bodnar, Gregg; Twyla Cheatwood; John; Mairs, Robb L; MacPherson, Tara; Howell, Jonathan; Haupt, Mac; McGuire, Tyler D; Weychert, Curtis R Subject: [External] SAW 2005-00435 Queens Point, LLC Access Channel Maintenance Dredging Attachments: Queens Point Mp-4.pdf, QueensPointLLC.bio.narr.app.drawings.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> All The Corps is likely to process the above permit application under PGP-291. The Corps (USACE) is requesting federal agency comments on this permit application by April 14, 2020. The project site is located at 2541 Middle Sound Loop Road, Wilmington, New Hanover County adjacent to the AIWW and Howe Creek. The applicant proposes to dredge a 952 feet by 30 feet wide access channel to a depth of -4.0 ft.@ MLW, of which 750 linear feet was previously dredged, from the AIWW extending to a 60 feet long by 160 feet wide boat basin at the existing private docking facility (also to be dredged to a depth of -4.0 MLW). Therefore, the proposed maintenance dredging would extend approximately 202 linear feet beyond the original dredge footprint within Outstanding Resource Waters (ORW) . Dredging would occur by a "bucket to barge" excavator. The proposed box cut from this maintenance dredging would result in approximately 38,160 sq. ft. of shallow bottom excavation. The access channel would extend from the AIWW Navigation Channel to the existing floating dock basin (see sheets 1 &2 in the attached document). Approximately 2200 cubic yards of dredged spoil material would be deposited on an upland spoil disposal island (DA 228), which is located outside the ACOE Placement Areas and owned by the Northeast New Hanover Conservancy Spoil Island (see Sheet 5 of 5 of attached document). The applicant has obtained written authorization from the owner of the spoil disposal island for this placement. No wetlands are indicated within the limits of the proposed dredging. Please see the attached application request, plans dated October 2, 2019 and revised December 11, 2019, 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 within the channel and basin are designated SA & ORW by the Division of Water Resources. Waters within the canals ARE NOT designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed, DIVISION OF COASTAL MANAGEMENT RECEIVED APPLICATION TRANSMITTAL AND PROCESSING RECORD JAN 0 6 2020 APPLICANT: Queens Polnt, LLC COUNTY: New Hanover PROJECT NAME: 2541 Middle Sound Loop Rd DCM-M HD CITY LOCATION OF PROJECT: 2541 Middle Sound Loop Rd, Adj to Howe C►eek/AIWW, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-30-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: McGuire DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERmA UNIT: FEE RECV: $25091617 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 1-9-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 3-15-20. MAIL OUT DATE: 1-6-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 1-30-20 DEED REC'D: Yes I50 DAY DEADLINE: 7 Z8 W STATE DUE DATE: 1-30-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO DCM - Field Rep DCM - LUP Consistency Determination ZO Local Permit Officer Corps of Engineers - Regulatory Branch Z( w DWR-401 Section j jQ DWR- PublicWaterSupply i (p DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office l' p Wildlife Resources Commission I io yo DMF - Shellfish Section l Q to DMF - Habitat & Enhancement j DNCR- Archives&History Ll p jC DNCR -Natural Heritage Program NCDOT NC Dept of Commerce t ZI RECOMMENDATIONS for Queens Point, LLC. c/o Kenneth Miller 12131/2019 Proposed Excavation Open Water Impacts Proposed Access Channel 952' x 30' _—28,560 ft2 Proposed Boat Basin 60' x 160' _ —9,600 ft2 Total Dredge Impacts =—38,160 ft2 Proposed Spoil Disposal Upland Impacts Proposed Disposal Area 200' x 100' _—20,000 ft2 Total AEC Impacts =—58,160 ft2 As proposed, the project may be CONSISTENT with the Specific Use Standards for Estuarine Waters and Public Trust Areas AECs, as set forth in 15A NCAC 07H .0208 (b) (1) for the proposed maintenance excavation of the access channel and boat basin to the existing docking facility. However, due to the increased dredge footprint within Outstanding Resource Waters (ORW) the proposed excavation in this application appears to extend beyond the original authorized footprint and may be considered new dredging. This office has no objection to the proposed maintenance work, provided that it is consistent with all other local, state, and federal permitting requirements. RE-CEEE V E® JAN 1 4 2020 f4 P SECTION MHD NCRrH CAROLINA csvrY?�UeKnlu7 _rf>:,'$rg January 6,'2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant, Major Permits Coordinator NCDEQ;- Division of Coastal Management 400 Commerce Avenue, Morehead City, NC,28557 Fax: 252-247-3330 (Courier 11-12-09) Grego: bod nar(dl N CD E N R. ❑ov SUBJECT: CAMA%Dredge & Fill Application Review Applicant: Queens Point, LLC ROY COOPER'. + r rr MICHAEL S. REGAN . w, urr OAXTON DAVIS t�trn<e per f M1�c�ror rl i'n�nnn }hflki`A'!AJR Project Location: 2541 Middle Sound Loop Rdadjacent to AIWW/Howe Creek in Wilmington, New HanoverCounty Proposed :Project: Maintenance excavation of channel to Howe Creek & AIWW." Please indicate below your agency's position or viewpoint an the proposed project and return this form to Grepy.Bodnarat the address above by Je,.. If you have any questions regarding the proposed project; contact Tyler McGuire at (910) 796.7424 when appropriate, in-depth comments with supporting data is requested. REPLY: X T6 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'forreasons described in the attached comments: PRIPIT�7AME' itl4/k t3ro� SIGffi4TllFtS' %n", 4ai,.- DATIR State orNonh Carolina Environmental Quality Coastal Management 127 Cardinal Dove Ext, Wilmington, NC 28405 90 796 7213 RECEIVED JAN 1 0 2020 MP SECTION MHD NORTH CAROLINA Envirmmtenlaf Oualilv January 6, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a)NCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Queens Point, LLC ROY COOPER Gown ... r MICHAEL S. REGAN Seer✓mm BRAXTON DAVIS Duwor, 7)lvisinn nfCnasml Project Location: 2541 Middle Sound Loop Rd, adjacent to AIWW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & A1WW. Please indicate below your agency's position or viewpoint on the proposeedpro'act and return this form to Gregg Bodnar at the address above by Jalluel`r"30,302Q. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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 NAM Dan Sams AGENC JAN 1 3 2020 6.d. a. MP SECTION MHD DAT January 13, 2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7967215 Bodnar, Gregg From: Pietila, Tanya K Sent: Wednesday, January 8, 2020 4:21 PM To: Bodnar, Gregg Subject: FW: [External] RE: CAMA Major Application: Queens Point, LLC From: Kathryn Thurston [mailto:Kathryn.Thurston@wilmingtonnc.gov] Sent: Wednesday, January 8, 2020 4:18 PM To: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Subject: [External] RE: LAMA Major Application: Queens Point, LLC Hi Tanya, This one is outside the City Limits. Thanks! Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov mo GPMN Follow us on Facebook or Twitter facebook/citvofwilm inaton @citvofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K [mailto:tanva.pietila@ncdenr.¢ovl Sent: Monday, January 6, 2020 4:34 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.eov>; Christenbury, Mike <mike.christenburv@ncdenr.aov>; DCR - Environmental_Review <Environmental.Review@ncdcr.¢ov>; Butler, Rodney A <Rodnev.Butler@ncdcr.gov>; Zeigler, Mark D <mzei¢ler@nccommerce.com>; Harris, David B <davidharris@ncdot.aov>; Dunn, Maria T. <maria.dunn@ncwildlife.ora>; Walton, Tim <tim.walton@doa.nc.ttov>; Moser, Mike <mike.moser@doa.nc.Rov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <ieremv.humohrev(a)ncdenr.gov>; Gupton, Sharon <sharon.guoton@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov>; Iyainter@nhcgov.com Cc: McGuire, Tyler D <Tyler.McGuire@ncdenr.gov>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Cannon, Amanda 1 <Am a n da. Ca n no n @ ncde n r.gov> Subject: LAMA Major Application: Queens Point, LLC Hello All! Please accept this correspondence as the official distribution of CAMA application from Queens Point, LLC for development in Wilmington, New Hanover County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. *RETURN TO GREGG BODNAR at ereee.bodnar(a)ncdenr.eov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Gregg Bodnar at gregg.bodnar@ncdenr.gov or (252) 808-2808 ext. 215. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanva.PietilaCa ncdenr.gov ■ ram! ..,h- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. �b,Iv �e,ti✓ Received. 1/10/2020 ROY COOPER � w � State Historic Preservation Office (ivremur ' ER 2O O1 OS MICHAEL S. REGAN SecmIm'y BRAXTON DAVIS de,1 ; tnrtn, Afnno}rmem Due--1/28/2020 January 6, 2020 A MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator 1112 Nl2v NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areoo.bodnar()NCDENR.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Queens PofM, LLC Project Location: 2541 Middle Sound Loop Rd, adjacent to AIWW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grano Bodnar at the address above by January 30, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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" KThis 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 Renee Gledhill -Earley AGENCY State Historic Preservation Office SIGNATURE � Z DATE Stain ofNonh Carolina I Environmental Quality I Coastal Managemen[ 127 Cardinal Drive Ext, Wilmington. NC 29405 9197967215 e r ' JAN 2 7 2020 JAN 13 2020 ppy�r-1'46— ,. ROY COOPER' fiuFtriirrr MICHAEL S. REGAN 5cTa7nXv' BRAXTON DAVIS Drrcrrdr. 7N+'+uro�nf(ixxstuf ' :S;nwgrgxvil January 6, 2020 MEMORANDUM: FROM: SUBJECT: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28657 Fax: 252-247-3330 (Courier 11-12-09) areoa.bodnan%dNCOENR.aov - CAMA /Dredge & Fill Application Review Applicant: Queens Point, LLC Project Location: 2541 Middle Sound loop Rd, adjacent to AIWW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by January 30, Y020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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,, ONKf NAME I' ` a f k' G e2 S a r AGENCY, /V (_ lit 0. a T- (1) M M &za .SiGNATU'RE PATE t(2th(7 Sm ofNonh Carolina I Envim mmial Quality l C009al Management 127CardinlDriw Fm.,WilmingMN618403 9197967215 JAN 2 2 2020 P SECTION MHD ti January 6, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12.09) orega. bodnar6aNCDENR.00v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Queens Point, LLC ROY COOPER Umen:ur MICHAEL S. REGAN Se:reL^.e: BRAXTON DAVIS 7J:rro,;vn+rat Project Location: 2541 Middle Sound Loop Rd, adjacent to AIWW/Howe Creek in Wilmington New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by January fk_t d. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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. Q� rteh� d 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. RINTNAME (.UAnda 01i'Ii0 AGENCY J+a,� 1AA a.4 SIGNATURE U)&* &-0- 40-h-CL4dj PATE LYA . a vl - 40 a-0 StatedNanh Carolina, Fnvironmenlal Quality I C=WManagement 127 Cardinal Driw Ext., Wilmington, NC 28405 919 796 7215 ECEMED JAN 2 8 2020 North Carolina Department of Administration State Property Office Roy Cooper, Governor January 27, 2020 MEMORANDUM To: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 400 Commerce Avenue, Morehead, NC 28557 From: Wanda Hilliard/ W014Lr � Real Property Agent NC Department of Administration Re: Queens Point, LLC 2541 Middle Sound Loop Rd. adjacent to AIW W/Howe Creek in Wilmington New Hanover- Maintenance excavation of channel to Howe Creek & AIW W. Machelle Sanders Secretary Tim Walton Director REPLY: The project may require Easements for crossing the creeks, marsh & State-owned land provided the applicant qualifies for the easement. Please confirm that the proposed development and /or facilities are not located within the 1000' USACE Al W W easement area. JAN 2 8 2020 MP SECTION W11D State of North Carolina I State Property Office 116 West Jones Street, Suite 405511321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 TI Web: http://www.ncspo.com ROY COOPER .{y Cmvreor i MICHAEL S. REGAN Si:amm,r BRAXTON DAVIS NORTH CAROLINA Dlrecm Drcisim gfCwT101 Jiirvhi»gnren:<dlE�irl�)l(l+ Alawgecrem i January 6, 2020 �,�p,Dl•DS•D� i FROM: Gregg Bodnar, Assistant Major Permits Coordinators. 2p2u NCDEQ - Div' ision of Coastal Management l;':' 400 CommeU Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arecg.bodng9NCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Reviewer Applicant: Queens Poihi; LLC Project Location: 2541 Middle Sound Loop Rd, adjacent to AIKW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance! excavation of channel to Howe Creek & AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Green Bodnar at the address above by Ja�iyary;Q;"' Q26. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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. his agency approves of the project only if the recommended changes are incorporated. See attached. i This agency objects to the project for reasons described in the attached comments. i ftWN NAtMO Ma ,u 1 7L n n AGENCY N G��C 51GNgTU1tE A��� 11 E 1—J0-2Jj O JAN 3 0 2020 NIP SECTION M11D State orNotth Carolina I. Ewimnmental Quality I Coastal Maugement 127 C4rdinaI1)dv Rn.,WffinbVon,NC2W5 9197967215 11 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: GreggBoduar Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dimon, Coastal Coordinator \\ Habitat Conservation Division DATE: January 30, 2020 SUBJECT: CAMA Dredge/Fill Permit Application for Queen's Point, 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 2541 Middle Sound Loop Road adjacent to the AIW W / Howe Creek in Wilmington, NC (ha• comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. 113A-100 through I I3A-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 perform maintenance dredging on a previously permitted 30' by 750' access channel and to perform new excavation on a 30' by 202' extension of the same access channel. The bucket to barge excavation would provide water depths of A' ML W upon completion. Excavation would occur a minimum 25' from coastal marsh. Material would be placed on DA 228 within the 575' AEC on top of uplands and contained by a silt fence. This project area was active in the early 2000's and received NCDCM Permit No. 111-05 and subsequent modifications to enlarge a dock and perform access channel excavation. This area of the AIW W / Howe Creek is classified SA ORW by the Environmental Management Commission. The primary nursery area (PNA) designation by NC Division of Marine Fisheries is located upstream the project area. The NCWRC has reviewed the project proposal and understands the majority of the work is deemed maintenance. SA ORW classified waterbodies command consideration of environmental impacts from development and should be protected to the greatest extent practicable. We do not take modification of these areas lightly. It should also be noted that while not designated as a PNA, the PNA boundary fine is in close proximity and therefore the waters within the project area may function as a PNA. Therefore, we request an April 1 — September 30 moratorium be included as a permit condition to minimize impacts to aquatic resources during important periods of biological activity. We appreciate the opportunity to review and comment on this permit application. If you creed further assistance or additional information, please contact me at (252) 948-3916 or at maria.duriweincwiIdhfe.ora RAECEIVED Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 2761UAY 1 Telephone: (919) 707-0220 • Fax: (919) 707-0028 ) -0 MhP SECTiON 99s HD a ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division ofCoaeial Environmenral OualrpManagement January 6, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(d)NCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Queens Point, LLC Project Location: 2541 Middle Sound Loop Rd, adjacent to AIWW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greua Bodnar at the address above by January 30, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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 QNA AW-rOP-0 are incorporated. See attached. W-WATell- WDO-K- I ^/ atL — 3DSep, This agency objects to the project for reasons described in the attached comments. PRINT NAME 6,dr Y 4`Yct-ka� AGENCY N(bMP r DATE I _ �� zo State of North Carolina i Environmental Quality I Centel Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NORTH CAROUNA. Gnvtramnental Ocala)' January 6, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) grega.bad narna NCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review ROY COOPER Cavern., MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Applicant: Queens Point, LLC Project Location: 2541 Middle Sound Loop Rd, adjacent to AIWW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & AIWW. Please indicate below your agency's position or viewpoint on the proposed, project and return this form to Grew Bodnar at the address above by January 30,_2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 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. P._RINT --iiAME - Shannon Jenkins , N AGENCY NC DMF - Shellfish Sanitation FIECENED // SIGNATURE 9Yrt� for Shannon Jenkins F E B 1 7 2020 MI P SECTION MHD DATE 01 /09/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 28405 919 796 7215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Queens Point, LLC, New Hanover County Date: February 14, 2020 CONSISTENCY DETERNIINATION: This project is consistent with the 2016 New Hanover County Comprehensive Land Use Plan. The applicant proposes to excavate/maintenance dredge a 952 feet long by 30 feet wide access channel extending from the AIWW extending to a 60 feet long by 160 feet wide boat basin at an existing private docking facility. The project is located at 2541 Middle Sound Loop Road in New Hanover County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SA-ORW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area (PNA). I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Conservation. In general, New Hanover County allows development in Conservation 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 policies are applicable to this project. This project appears to be consistent with the 2016 New Hanover County Comprehensive Land Use Plan. Cc: File RECEIVED F E B 1 7 2020 MP SECTION NgHD .: DocuSign Envelope ID: 319D2945-244546BD-92D7-A30FA6E49AD5 ROY COOPER covernor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Queens Point LLC Attn: Kenneth Miller 300 Green Street N #1750 Greensboro, NC 27401 NORTH CAROLINA Environmental Quauty March 2, 2020 DWR # 2005-0240 V2 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 2541 Middle Sound Loop Rd. —Wilmington, NC 28411 Dear Mr. Miller: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance dredging within an existing boat basin and access channel impacting approximately 0.87 acres of shallow bottom habitat, as described in your CAMA Major Development Permit application, which was received by the Division of Water Resources (Division) on January 6, 2020, and sequential information received February 3, 2020. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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, Water Supply Watershed, 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 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. 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. 2. 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. 6`0a��!!ppECEI �9 �f.G � p g*� MAR 5 2020 DEQ� North Carolina Department of Environmental Quality lDivision ofWater Resources u N Wilmington Regional Offlce 127 Cardinal Drive Extensionntlg�gJ111otH94�oDi ��� 910.796.7215 I@O✓-t9 g"S s n DocuSign Envelope ID: 319D2945-2445-46BD-92D7-A30FA6E49AD5 3. 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. 4. The applicant/permitee 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. 5. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 6. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours and on weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. Dredging 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 and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. 8. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 0213.0221] MAR 5 2020 Prod i,"a ij E.9 [,11':) DocuSign Envelope ID: 319D2945-2445A6BD-92D7-A30FA6E49AD5 9. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Marine Fisheries Shellfish Sanitation Section and the Division of Water Resources must be notified if this is to occur. 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 the enclosed certificate of completion form to the NCDENR 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 also available at: https:Hedocs.deg.nc.gov/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: 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: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 RECEIVIED MAR 5 2020 MP SECTION FAI-ID DocuSign Envelope ID: 319D2945-2445A6BD-92D7-A30FA6E49AD5 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. MairS(cDncdenr.clov. Sincerely, Doouammm nr: S 6 E3ABA16AC7DC63C... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC Andy Dortch & Greg Finch, Land Management Group, EC DWR 401 & Buffer Permitting Branch file-LF WiRO MAR 5 2020 V:P SEC 10N M1-6D DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 6 ,Z� ` ` April 21, 2020 Regulatory Division Action ID No. SAW 2005-00435 Mr. Jonathan Howell 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 that proposes to dredge an access channel at 2451 Middle Sound Loop Road near Wilmington, New Hanover County, North Carolina (N 34.249124 W-77.786279). The applicant proposes to dredge a 952 feet by 30 feet wide access channel to a depth of -4.0 ft.@ MLW, of which 750 linear feet was previously dredged, from the AIW W extending to a 60 feet long by 160 feet wide boat basin at the existing private docking facility (also to be dredged to a depth of 4.0 MLW). The proposed maintenance dredging would extend approximately 202 linear feet beyond the original dredge footprint within Outstanding Resource Waters (ORW) adjacent to the AIWW. Dredging would occur by a "bucket to barge" excavator. The proposed box cut from this dredging would result in approximately 38,160 sq. ft. of shallow bottom excavation. No wetlands are indicated within the limits of the proposed dredging. Approximately 2200 cubic yards of dredged spoil material will be deposited on an upland spoil disposal island (DA 228), which is located outside the ACOE Placement Areas and owned by the Northeast New Hanover Conservancy Spoil Island. The applicant has obtained written authorization from the owner of the spoil disposal island for this placement. 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: RECEIVED APR 2 1 2020 UP SECTION MHD RECEIVED Is APR 2 1 2020 NIP SECTION MHD 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. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 3. Work in wetlands are prohibited during the dredging, use of the disposal island or any other aspect of work associated with this project. 4. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at, or adjacent to, the authorized work for reason other than safety. No activity may cause a hazard to navigation. 5. An "As -Built' survey of the dredged channel must be submitted within thirty (30) days of project completion. 6. Permittee shall provide a construction schedule to the USACE office (2) weeks in advance of starting work 7. 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. 8. 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. 9. 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 w Sedimentation Pollution Control Act of 1973. 10. The activity must 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. 11. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee guidelines.pdf. 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. 13. All required notifications and submittals for the above Special Conditions must be provided to Mr. Greg Currey, USACE Wilmington Regulatory Field Office at 69 Darlington Avenue, Wilmington, NC 28403 or at Gregory.e.curreygusace.armv.mil. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, telephone (910) 251-4707. Sincerely, CURREY.GREGO °Ralf .g"•d by CURREY.0 WRY.MENE. RY.EUGENE.105119 0,1999 011950 � 303o.w1i 14,51 a Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Plans dated October 2, 2019 and Revised December 11, 2019 RECEIVED APR 2 1 2020 MP SECTION MHD Copy Furnished by email with attachment: Mr. Mac Haupt Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tara MacPherson Mr. Gregg Bodnar 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 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Queens Point, LLC. c/o Kenneth Miller 2. LOCATION OF PROJECT SITE: 2541 Middle Sound Loop Road, Wilmington, New Hanover County adjacent to the Atlantic Intracoastal Waterway & Howe Creek LATITUDE: 34' 14' 57" N LONGITUDE: 77° 47' 11" W 3. INVESTIGATION TYPE: CAMA AND D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit: November 14, 2019 ApplicanUAgent Present: NO 5. PROCESSING PROCEDURE: Application Received: November 6, 2019 Application Completed: December 30, 2019 Office: Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan: New Hanover County Land Classification From LUP: Residential (R-20S) (B) AEC(s) Involved: EW & PTA Water Dependent: YES (C) Intended Use: Private Residential Docking Facility (D) Wastewater Treatment: Existing — Municipal Planned — N/A (E) Type of Structures: Existing — Bulkhead, Pier, Floating Dock Planned — Excavation of Access Channel IF) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Uplands NIA 20,000f12 (Spoil Disposal) N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water 38,160 ft2 NIA N/A (D) Total Area Disturbed: 58,160 ft' (1.34 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SA; ORW (G) Shellfish Harvesting Open: NO (Closed) 8. PROJECT SUMMARY: The applicant proposes to excavate a 952 feet long by 30 feet wide access channel, of which 750 linear feet was previously dredged, from the Atlantic Intracoastal Waterway (AIWW) extending to a 60 feet long by 160 feet wide boat basin at the existing private docking facility. RECEIVED JAN 0 6 2020 DCM-MHD CITY Queens Point, LLC. c/o Kenneth Miller Page 2 9. PROJECT DESCRIPTION The project site is located at 2541 Middle Sound Loop Road, adjacent to the AIWW/Middle Sound and Howe Creek, near Wilmington, in New Hanover County. To find the site, travel north on US Highway 17 from Wilmington. In the community of Ogden, turn right onto Middle Sound Loop Road (NCSR 1403) and travel approximately two miles to the entrance of Queens Point (on right). The property is secured with an electronic gate, and as such, the applicant's consultant, Andy Dortch (Land Management Group, Inc.) should be contacted at (910) 452-0001 for access to the property. The high ground property is a 3.20 acre tract of land that abuts an 8.45 acre, three lot subdivision, also owned by Queens Point, LLC. Existing development on the site includes an entrance drive, and a single-family dwelling and garage. With the exception of the wetland areas bordering the site, the entire site is landscaped. High ground vegetation includes ornamental shrubs, lawn grasses, and large, mature Live Oaks (Quercus virginiana). Elevations on the tract range from 0 to 22 feet above normal high water (NHW). The property is bordered on the north by a small creek (Spring Branch), on the south by Howe Creek, and on the east by Middle Sound and the AIWW. The site is directly across the AIWW from the mouth of Mason's Creek. The entire 12.5 acre area owned by Queens Point, LLC. has 1.06 acres of Section 404 Wetlands that were delineated by Land Management Group, Inc. and approved by the U.S. Army Corps of Engineers on June 7, 2001. Section 404 Wetlands are located along the perimeter of the property, associated with the three water bodies mentioned above. Wetlands along the upper portion of Spring Branch are dominated by freshwater species including Water Oak (Quercus nigra), Jack-In-The-Pulput (Arisaema tniphyllum), Catbrier (Smilax spp.), and Poison Ivy (Toxicodendron radicans). The remainder of the wetlands that border the lower portion of Spring Branch, Howe Creek and Middle Sound, are typical mixed Coastal/404 Wetlands, vegetated primarily with Salt Meadow Grass (Spartina patens), Salt Grass (Distichlis sp/cata), Sea Oxeye (Borrichia frutescens), and Marsh Elder (Iva imbricata). The property has approximately 1,167 linear feet of shoreline along Middle Sound and the AIWW. This area of the property drops sharply in elevation to a wetland border averaging approximately 15-30 feet in width. The majority of this shoreline is stabilized by wooden bulkhead and terraced retaining walls. These structures were permitted under the CAMA General Permit process on July 20, 2001 (General Permit No. 27390-D) and September 28, 2001 (General Permit No. 28303-D). Waterward of the bulkhead is an area of Common Reed (Phragmites australis) averaging approximately 10 feet in width. This area transitions to a band of mixed high -marsh vegetation averaging approximately 15 feet in width and to a band of Smooth Cordgrass (Spartina alterniflora) averaging 3-10 feet in width, along the water's edge. The area of open water adjacent to the bulkheaded shoreline averages approximately 250 feet in width and is separated from the AIWW channel by a marsh island measuring approximately 600 feet in length by an average of approximately 300 feet in width. A large portion of this open water area is exposed sand flat at low tide. An existing pier and dock extends from the property into Middle Sound just east of the residence. This structure was permitted on June 27, 2001, also under the CAMA General Permit process (General Permit No. 27390-D). This structure consists of a 6 feet wide by 40 feet long access pier that ramps down to a 10 feet wide by 40 feet long floating dock which parallels the shoreline. Queens Point, LLC. was issued State Permit No. 111-05 on June 28, 2005 to enlarge the existing floating dock permitted under CAMA General Permit No. 27390-D to 100 feet long by 10 feet wide creating a total of 6 boat slips. State Permit No. 111-05 received a Minor Modification on May 10, 2007 which authorized the excavation of a 750 feet long by 30 wide access channel and a 60 feet long by 160 feet wide boat basin to a depth of -4.0' below normal low water (NLW) to the existing docking facility. Access to the existing dock from the AIWW is via a small shallow channel that runs just west of the marsh island and east of the sand flat. This channel connects to a deeper water area just north of the applicant's dock. Water depths in this channel average approximately -2.1 feet at mean low water (MLW) and averag62ECEIVED JAN 0 6 2020 DCM-MHD CITY Queens Point, LLC. c/o Kenneth Miller Page 3 approximately -3.0 feet at MLW at the floating dock according to the applicant. Another shallower channel extends from the dock into Howe Creek, west of the sand flat. Water depths at the connection to Howe Creek average -2.0 feet at MLW. The New Hanover County CAMA Land Use Plan classifies the adjacent waters and high ground area of the project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters in the project area are classified SA/ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. However, the waters of Howe Creek, just upstream from the project area, are designated as a PNA. The proposed project area is outside of the designated PNA boundaries. 10. PROPOSED PROJECT The applicant proposes to excavate a 952 feet long by 30 feet wide access channel, of which 750 linear feet was previously dredged, to the Atlantic Intracoastal Waterway (AIWW) extending to a 60 feet long by 160 feet wide boat basin at the existing private docking facility. The proposed maintenance dredging in this application appears to extend approximately 200 linear feet beyond the original authorized dredge footprint within Outstanding Resource Waters (ORW) (see Sheet 4 of 9 dated received by DCM Morehead City on February 7, 2005). Dredging operations would be by a bucket to barge excavator as stated by the applicant. The proposed box cut from this maintenance dredging would result in approximately 38,160ft' of shallow bottom excavation. The proposed access channel would measure approximately 952 feet long by 30 feet wide and be excavated to an approximate depth of -4.0 feet at MLW. The access channel would extend from the AIWW Navigation Channel to the existing floating dock boat basin (see Sheets 1 & 2 of 5). As proposed, the access channel cut would be approximately 25 feet from the edge of Coastal Wetlands at its closest point to the marsh island. The proposed boat basin would measure approximately 60 feet long by 160 feet wide and be excavated to an approximate depth of -4.0 feet at MLW. Approximately 2,200 cubic yards of spoil material would be deposited on an upland spoil disposal island (DA 228), which is located outside of the US Army Corps of Engineers Placement Areas and owned by Northeast New Hanover Conservancy Spoil Island (sea Sheet 5 of 5). The applicant has obtained written authorization by the owner of the spoil disposal island for the placement of the excavated material. The applicant proposes to dispose the spoils leveled out in an approximate 200 feet by 100 feet disposal area (approximately 20,000 ft2) located entirely on high ground within the 575 feet Coastal Shoreline Area of Environmental Concern (AEC). Spoils would be held on site by a silt fence behind the berm of the dike. 11. ANTICIPATED IMPACTS The proposed maintenance excavation of the access channel and boat basin would disturb approximately 38,160 ft' of sandy shallow bottom within ORW and the Estuarine Waters and Public Trust Areas AECs. The proposed maintenance dredging in this application appears to extend beyond the original authorized dredge footprint within Outstanding Resource Waters (ORW) disturbing approximately an additional 6,060 ft' outside the previously approved access channel. The area to be dredged appears to have filled in with sand from the inlet directly across the AIWW. There would be increased turbidity levels during project activity, however, if timed to avoid periods of peak biological activity, no long-term adverse impacts are anticipated. Submitted by: Tyler McGuire Date: December 31, 2019 Office: Wilmington RECEIVED JAN 0 6 2020 DCM-MHD CITY 4LMG LAND MANAGP.MHNfttT GROUP a DAVEY# company December 12, 2019 Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Tyler, DEC 12 201!+ On behalf of Queens Point, LLC I would like to request a CAMA Major Permit to perform channel maintenance dredging adjacent to 2541 Middle Sound Loop Road, Wilmington, New Hanover County, North Carolina as depicted in the attached site plan. Please find enclosed an updated Site Plan, Tax Card, Deed, Agent Authorization, Previous Permits, and Spoil Disposal Permission Letter. A $400 fee check was included in the previous permit application package. Adjacent riparian landowner notifications have been sent by certified mail and green confirmation cards will be forwarded once received. Please let me know if you have questions or need anything in addition to process this CAMA Major Permit. Sincerely, Andy Dorich Land Management Group Enclosures: As stated Cc: Queens Point, LLC www.lmgroup.net • Phone: 910.452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DECEIVED DF f, 1 ;my DCM WILMINGTON: NC RECEIVED JAN 0 6 2020 DCM-MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The project is located adjacent to 2541 Middle Sound Loop Road In the historically maintained channel that connects to the Intracoastal Waterway in Wilmington, New Hanover County. The applicant is proposing to perform maintenance dredging in the access channel by excavating accumulated sand. Previous maintenance dredging was approved in May 2007 under permit number 111-05. See Appendix B for details. Maintenance dredging of the 160' wide x 60' long basin and 952' long x 30' wide access channel to -4 MLW is requested to ensure access to the Intracoastal Waterway. The amount of spoil generated from excavation will be approximately 2,200 cubic yards. The spoil disposal location is in the vicinity of the project area. See Appendix A for details. RECEIVED DEC] 2 019 LAMA Permit Application for Major Development — December 2019 pCM W I LM INGTQN, NO Middle Sound Loop Road Wilmington, New Hanover County, North Carolina 7 RECEIVED JAN 0 6 2029 DCM-MHD CITY McGuire, Tyler D From: Dortch, Andy <adortch@lmgroup.net> Sent: Thursday; January 2, 2020 1:26 PM To: McGuire, Tyler D Cc: MacPherson, Tara; Finch, Greg; Pietila, Tanya K Subject: Re: [External] Re: Queens Point Categories: CAMA VD 88, which is 2.54' above MLW on our survey. thanks Andy Dortch I Environmental Scientist - Project Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP A GW"f- company On Thu, Jan 2, 2020 at 12:54 PM McGuire, Tyler D <Ty]er.McGttirenu nedenr goy> wrote: LOU I understand this, but I need the tidal datum number. Thanks! �02 I mironmental Specialist Division of Coastal Management North Carolina Department of f:ncironmental Qualih 127 Cardinal DriNc F'mension Wilmington. NC 28405 910) 796 - 7424 RECEIVED RECEIVED DCM WILMINGTON, NC JAN 9 2 2020 06OZ z 0 Ndr 1'vler.�teGuireG�'ncdenr• ov JAN O 6 2OZO ON 'NOi9NIWIIM WOO a3AH303H t DCM-MHD CITY Bodnar, Gregg From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Sent: Tuesday, February 18, 2020 10:15 AM To: Bodnar, Gregg Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc.gov> Hi Gregg. The comment periods for VoAC ek d Ocean Isle Beach are both p c 2 ave not gotten to any of the rest. G reg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, February 14, 2020 12:47 PM To: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Subject: [Non-DoD Source] Projects Hey Greg, Thanks for the barrage of authorizations the past few days. I wanted to check in on a few more. Caison's Creek I know you were trying to get comments before my 150 day. Just wanted to check in. Bodeman - Minor mod as well C&D Homes Ocean Isle Beach Carter Wesley Queens Point Thanks as always, Gregg 7/l/2019 New Hanover County dome Property RerOrHs NHC tax Mcquo Reypsler of (Red' PARID: R05200-002-012-001 Sales QUEENS POINT LLC 2541 MIDDLE SOUND LOOP RD Residential Parcel Commercial MID 3168i5Z3.6926o00 Misc. Improvements Address 2541 MIDDLE SOUND LOOP RD Unh Permits City WILMINGTON Zip Code - Land Neighborhood EaSDI Values Class RES-Residential Land Use Cade 10.1 F. Res Agricultural Living Units 1 Sketch AUes Zoning R-206-RESIDENTIAL DISTRICT Full Legal Exemptions Sub parcel(s) Info Original Parcel Into Legal Parcel Map Legal Desaiptnn (3.20 ACRES) 1 QUEENS POINT Tax District FD Owners (On Januaryts0 Owner QUEENS POINT LLC City GREENSBORO Sale RC Country Zip 27401 THE DATA IS FROM 2019 Location 9 Googte Map Contact Us 230 Government Center Drive, Suite 190 �, Phone: (910) 793.7300 Wilmington, NC 29003 * Fax: (910) 798-7310 Site Links HNC Tax Hams Register a Deeds RECEIVED JAN o 6 20Z0 DCM-MHD CITY wNTAeiw l rat Actions $4 Printable Version k Custom Report Builds Reports Residential PRC C.ommeroal PRG Go Links Sales VenRutan Farm Property Owner Westerners RECEIVED DEC 1 2 '019 UCM WILMINGTON, NO hitps:lletax.nhcgov.cam/pt/DataletsiDatalet.aspx?UseSearch=nobpin=RO5200-002-012-001&iu�-NH&taxyr-2Ol9 1/1 Tax ID No R05200-002-012-001 R05200-002-013-000 FOR REGISTRATION REGISTER OF DEEDS NEW HANOVER COUNTY `ANC BK 22B07 JAN 04 12 19 17 AM NC REVENUE STAMPEE0f12 00 INSTRUMENT f 2001000396 so 00 This instrument drafted by Hogue, Hill, Jones, Nash & Lynch, L L P After recording, mad to 300 North Greene Street, Ste 2050, Greensboro, NC 27401 STATE OF NORTH CAROLINA DEED COUNTY OF NEW HANOVER This deed made thiszAday of December, 2000 by Pauline Mebane Endo and husband Shun Endo of Franklin County, State of Ohio ("Grantors") to Queens Point, LLC, a North Carolina Limited Liability Company ("Grantee"), with an address of 300 North Greene Street, Suite 2050, Greensboro, NC 27401 WITNESSETH That the said Grantors, in consideration of one hundred dollars and other good and valuable consideration to them in hand paid by the said Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain, sell and convey unto said Grantee and, its successors and assigns, a tract or a parcel of land in the County of New Hanover, and State of North Carolina, in Harnett Township, and described as follows, namely Tract 1:1 c BEGiNNING at a point in the centerline of a paved drive, South 87 deg 18 mir West 81 7 feet, South 42 deg 13 min. East 143 7 feet, South 12 deg 40 min East 176 8 feet, South 45 deg 57 min East 233 2 feet and South 23 deg 48 min East 339 05 feet from a nail at the intersection of the centerline of the Middle Sound Loop Road (S R 1403), with the centerline of a 15-inch concrete culvert under said road, said culvert being 2 2 miles southcastwardly from the intersection of said Middle Sound Loop Road with U S Highway 17 at Ogden Place, running thence from said beginning point, South 46 deg 38 min West 316 85 feet to a concrete monument, continuing thence same course South 46 deg 38 min West 50 2 feet, more or less, to the high water mark of Barren Inlet Creek, running thence with the high water mark of Barren Inlet Creek, and with the high water mark of Middle Sound, Southeastwardly and Northeastwardly to a point South 81 deg 41 min West 130 76 feet from an iron pipe in the run of Spring Branch, said point being South 63 deg 32 min East 228 43 feet from the beginning point of this herein described tract of land, said iron pipe marking the southeastern comer of Tract #2, as shown on the map of Queens Point, as recorded in Map Book 2 at Page 77, of the New Hanover County Registry, running thence Northwestwardly up said Spring Branch 300 feet, more or less, to a point bearing North 46 deg 38 min East from the beginning point of this herein described tract of land, running thence South 46 deg 38 min West 15 feet, more or less, to a concrete monument, continuing thence the same course South 46 deg 38 min West 46 43 feet more or less, to the point of Beginning, containing 3 2 acres, more or less, and being a part of the eastern portion of Tract #l, Queens Point Subdivision, as recorded in Map Book 2, at Page 77 of the New Hanover County Registry RECEIVED RETURNED TO �-J, A PcL- �- 0EC 12 2019 VECEIVED DCM WILMINGTON, NC JAN 0 6 2020 DCM-MHD CITY This is the very same property conveyed by Pauline E Mebane, Widow to Pauline M Endo by deed dated April 1, 1978 and recorded in Deed Book 1128, Page 1249 of the New Hanover County Registry of Deeds Tract 11: All right, title and interest of the Grantor in and to all highland and marsh lying below the high water line of Barren Inlet Creek and Middle Sound lying westerly of the right of way of the U S Intracoastal Waterway and North of the run of Barren Inlet Creek and appurtenant to and adjoining that Tract conveyed by the Grantor to Pauline M Endo by deed recorded in Book 1128 at Page 1249 of the New Hanover County Registry and bounded on the North by an extension of the Grantee's present Northwestern boundary line to the inn of Barren Inlet Crcek This is the very same property conveyed by Pauline E Mebane to Pauline Mebane Endo by deed dated January 21, 1987 and recorded in Deed Book 1367, Page 0343 of the New Hanover County Registry of Deeds To have and to hold the aforesaid tracts of parcels of land and all privileges and appurtenances thercunto belonging to the said Grantee and its successors and assigns forever Pauline Mebane Endo one of the Grantors doth covenant that she is seized of said premises in fee and has the right to convey the same in fee simple, that the same are free from encumbrances, and that she will warrant and defend the said title to the same against the claims of all persons whomsoever, except for the following The lien of 2001 real property ad valorem taxes due to the County of New I lanover, Title to any portion of the above described tract that lies below the high water line of any waters that ebb and flow with the rise and fall of the tides Any matters that would be revealed by an accurate survey of the property by a registered land surveyor, All County, State and Federal laws, regulations and ordinances affecting the use, development and enjoyment of the property Any rights of way and easements recorded in the New Hanover County Registry that may cruss portions of the above described tracts In Testimony Whereof, the said Grantors have hereunto set their hand and seal, on the day and year first above written RECEIVED RECEIVED JAN 0 6 2020 I 12 201'1 DCM-MHD CITY OCM WILMINGTON, INC 'A, (SEAL) Pauline Mebane Endo (SEAL) Shun Endo S•rATE OF OHIO COUNTY OF FRANKLIN I, a Notary Public of the County and State aforesaid, certify that Pauline Mebane Endo and Husband Shun Endo, Grantors personally appeared before me this day and acknowledged the cxccp of the foregoing instrument Witness my hand and official stamp or seal this�ay of „ I-o,, ,2000 ---ti My Commission Expires) (SEAL) (� G_O."A C".-S Record d poor OwIfty DDuue To CwdftQn ftW DWW L16144 tart' ubl L-Won J.'uttle RECEIVED JAN 0 6 2020 DCM-MHD CITY RECEIVED DU 12 2019 DCM WILMINGTON, NC REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 •IfR11f1HIffflfllRillfYflfYf11f11f1Y11ffYff1111f11fII4YfiifYYlfff.f111.I11Y1111fIi.I11YRI11 RIf411 Y11f I f RIf1111 Y 1111R 111 Filed For Registration: 0110412001 12:19:17 PM Book: Document No: NC REAL ESTATE EXCISE TAX - Recorder RE 2861 Page. 990-993 2001000398 DEED 4 PGS $12 00 $5,580.00 PATRICIA BARNES fllfffl11111 fIYf IIf I11111111fI1IRIIfIItRIR11f111Yf1fIf11111f.....Y11...Yff.i111IYff111f R111ff 11ff I111 Y 111111 f I IM f111f 1f State of North Carolina, County of New Hanover The foregoing certificate of JASON J LITTLE Nota �^s Ca�fle to be correc This 4TH of January 2001 REBECCA T. CHRISTIAN REGISTER OF DEEDS B (\ lz DeputylAee+etant Reg er of Deeds IflffiYff114R11f 1RRRRIYHYYR11.Rf Yf YlffYlYflYflfYYf YlffffYfllR..YfIR.Yfl.Yfflffflf.YR.Yf4 Y1Y 4 Y f Y 11 f 1 f Y f f l Y l l Y i i Y 4 Y f I f IRI *2001000398* 2001000398 RECEIVED JAN 0 6 2020 RECEIVED )I f. 1 2 9019 DCM-MHD CITY DCM WILMINGTON, NC lr7'�7 Tax ID No R05200-002-012-001 R05200-002-013-000 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN 2001 HANOVER COUNTY, NC SK 2861 PG 99012 19 1E PM NC REVENUE STAMPEE $12 00 INSTRUMENT R 2001000398580 00 This instrument drafted by Hogue, Hill, Jones, Nash & Lynch, L L P After recording, mail to 300 North Greene Street, Ste 2050, Greensboro, NC 27401 STATE OF NORTH CAROLINA DEED COUNTY OF NEW HANOVER This deed made thisadday of December, 2000 by Pauline Mebane Endo and husband Shun Endo of Franklin County, State of Ohio ("Grantors") to Queens Point, LLC, a North Carolina Limited Liability Company ("Grantee's, with an address of 300 North Greene Street, Suite 2050, Greensboro, NC 27401 WITNESSETH That the said Grantors, in consideration of one hundred dollars and other good and valuable consideration to them in hand paid by the said Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do bargain, sell and convey unto said Grantee and, its successors and assigns, a tract or a parcel of land in the County of New Hanover, and State of North Carolina, in Harnett Township, and described as follows, namely Tract 1: BEGINNING at a point in the centerline of a paved drive, South 87 deg 18 min West 817 feet, South 42 deg 13 min. East 143 7 feet, South 12 deg 40 min East 176 8 feet, South 45 deg 57 nun East 233 2 feet and South 23 deg 48 nun East 339 05 feet from a nail at the intersection of the centerlme of the Middle Sound Loop Road (S R 1403), with the centerline of a 15-mch concrete culvert under said road, said culvert being 2 2 miles southeastwardly from the intersection of said Middle Sound Loop Road with U S Highway 17 at Ogden Place, rumung thence from said beginning point, South 46 deg 38 min West 316 85 feet to a concrete monument, continuing thence same course South 46 deg 38 min West 50 2 feet, more or less, to the high water mark of Barren Inlet Creek, running thence with the high water mark of Barren Inlet Creek, and with the high water mark of Middle Sound, Southeastwardly and Northeastwardly to a point South 81 deg 41 min West 130 76 feet from an iron pipe in the run of Spring Branch, said point being South 63 deg 32 min East 228 43 feet from the beginning point of this herein described tract of land, said iron pipe marking the southeastern comer of Tract #2, as shown on the map of Queens Point, as recorded in Map Book 2 at Page 77, of the New Hanover County Registry, running thence Northwestwardly up said Spring Branch 300 feet, more or less, to a point bearing North 46 deg 38 min East from the beginning point of this herein described tract of land, running thence South 46 deg 38 min West 15 feet, more or less, to a concrete monument, continuing thence the same course South 46 deg 38 min West 46 43 feet more or less, to the point of Beginning, containing 3 2 acres, more or less, and being a part of the eastern portion of Tract #1, Queens Point Subdivision, as recorded in Map Book 2, at Page 77 of the New Hanover County Registry RETURNED TO �-' • a RG-n�� This is the very same property conveyed by Pauline E Mebane, Widow to Pauline M Endo by deed dated April 1, 1978 and recorded in Deed Book 1128, Page 1249 of the New Hanover County Registry of Deeds Tract II: All right, title and interest of the Grantor in and to all highland and marsh lying below the high water line of Barren Inlet Creek and Middle Sound lying westerly of the right of way of the U S Intracoastal Waterway and North of the run of Barren Inlet Creek and appurtenant to and adjoining that Tract conveyed by the Grantor to Pauline M Endo by deed recorded in Book 1128 at Page 1249 of the New Hanover County Registry and bounded on the North by an extension of the Grantee's present Northwestern boundary line to the run of Barren Inlet Creek ' This is the very same property conveyed by Pauline E Mebane to Pauline Mebane Endo by deed dated January 21, 1987 and recorded in Deed Book 1367, Page 0343 of the New Hanover County Registry of Deeds To have and to hold the aforesaid tracts of parcels of land and all privileges and appurtenances thereunto belonging to the said Grantee and its successors and assigns forever Pauline Mebane Endo one of the Grantors doth covenant that she is seized of said premises in fee and has the right to convey the same in fee simple, that the same are free from encumbrances, and that she will warrant and defend the said title to the same against the claims of all persons whomsoever, except for the following The lien of 2001 real property ad valorem taxes due to the County of New Hanover, 2 Title to any portion of the above described tract that lies below the high water line of any waters that ebb and flow with the rise and fall of the tides Any matters that would be revealed by an accurate survey of the property by a registered land surveyor, All County, State and Federal laws, regulations and ordinances affecting the use,. development and enjoyment of the property Any rights of way and easements recorded in the New Hanover County Registry that may cross portions of the above described tracts In Testimony Whereof, the said Grantors have hereunto set their hand and seal, on the day and year first above written la ,, . � 'Itk (SEAL) Pauline Mebane Endo '//LLOL- (SEAL) Shun Endo STATE OF OHIO COUNTY OF FRANKLIN I, a Notary Public of the County and State aforesaid, certify that Pauline Mebane Endo and Husband Shun Endo, Grantors personally appeared before me this day and acknowledged the exec of the foregoing instrument Witness my hand and official stamp or seal this�ay of &V, / e , 2000 My Commission Expires) % DAL (SEAL) Record of Poor Oualityl Due To Doedltlon of 0dg18UDocument io t j o 14 •• •.. , REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 flRffffMaafffff}fe}afallfffeYftf}aHtfttftffftflfflaftYllMRlMlfxflrfffHRffiffMfM}YafYrttfttfarfffttfttaarlff}fafaff Filed For Registration: Book: Document No: NC REAL ESTATE EXCISE TAX - Recorder 01/04/2001 12:19:17 PM RE 2861 Page. 990-993 2001000398 DEED 4 PGS $12 00 $5,680.00 PATRICIA BARNES MttYtllMffYftlftftRRfttf«PfafffffH}fftffbMMffttfaffbtftltff ifbHtlfRHtltIHRfIMYMffltflttMfYNlflHfftfffpf State of North Carolina, County of New Hanover The foregoing certificate of JASON J LITTLE Notaryrt he to be correc This 4TH of January 2001 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By.� DeputylAeaatant Reg er of Deeds of rfflffn!}rualf f uuff calf ffef}f f}afulf ttt ueuf f f4ff}f}ftf ffutuf }a!f •uf faauf f f tfalfttf f«aa••«««f a a«uu««ttr«ff *2001000398* 2001000398 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Queens Point, LLC Mailing Address: 32,00 N. Gre-erne !�k- 1Sj-e 175O 6Arcer\SLOV-0, /UC 27tfa( Phone Number: 33L- a(7- Wf,a- Email Address: 1LMiller-QSranJtlie LAP 4,�Cinc.00AA� I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: channel maintenance dredging at my property located at 2541 Middle Sound Loop Road, Wilmington NC 28411 in New Hanover County. Y 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 nforma . Signature, Meiinek A. /Uld"l Print or Type Name A4 amp RECEIVED Title 10 l 6 l 19 JAN 0 6 2020 Date DCM-MHD CITY This certification is valid through 12 131 12020 RECEIVED DFC 12 dl1l 0CM WILMINGTON, NC LMG LAND MANAGEMENT GROUP a DAVEY# company December 11, 2019 BALDWIN CAROLINA ANITA 2519 MIDDLE SOUND LOOP ROAD WILMINGTON, NC 28411 To Whom It May Concern: Queens Point, LLC is applying for a CAMA Major Permit on their property located at 2541 Middle Sound Loop Road, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve maintenance dredging of the adjacent channel as depicted on the enclosed Plan View drawing. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch@lm¢rouD.net Sincerely, �l 41.1 RECEIVED Andy Dortch, Agent Land Management Group Enclosures JAN 0 6 2020 DCM-MHD CITY RECEIVED www.lmgroup.net • Phone: 910,452.0001 . Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 12 2019 DGM WILMINGTON, NC LMG LAND MANAGEMENT GROUP a OAIEr4 company December 11, 2019 JML WILMINGTON LLC 2565 MIDDLE SOUND LOOP ROAD WILMINGTON, NC 28411 To Whom It May Concern: Queens Point, LLC is applying for a CAMA Major Permit on their property located at 2541 Middle Sound Loop Road, Wilmington, New Hanover County, North Carolina. The specifics of the proposed work involve maintenance dredging of the adjacent channel as depicted on the enclosed Plan View drawing. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Appendix B may be provided upon request. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at adortch@Imeroumnet Sincerely, I RECEIVED Andy Dortch, Agent JAN 0 6 2020 Land Management Group DCM-MHD CITY Enclosures RECEIVED www.(mgroup.net - Phone: 910.452.0001 - Fax: 910.452,0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 OFT 12 2019 UCM WILMINGTON, NC Er .. a , m Y ra CertlfledMellFee E3.50 0406 m tr $ 2J •ire Ices°Feee (Nir.YEa. el/MermmYY ❑°eNn °.oMpt Qurdoopy7 . 1VV UUVV O ❑�Rt (M *.go 1 ❑�.eM°M+ Dww $ til Paetm Here o PO910Q°cr f1.75 o $ 12/11 /2019 Pew sW _ .05 M) a Bent To O t` S4'esianAAp1.1C5:,Tvpll�tnrj(b'.,,_...v.._... _-.____.L.____. ....._ 1-c 1e c .✓l �. 'n—" C..� I.O ru Y a I W14MINGTOI�t; m , m M°" °° f3.50 0406 cr s 25 Ml�°eK.GEMy ❑Munho.p1�V19 i � 0 pRrmR PoSMwk 0 po.r.e u.xwta.°nr�.r . an rm Here p pna.swi�•war. .—i6,rB0— p°eusgn.�wrweYao,wvF ° p '08`80° E1.75 o IMF 12/11/2019 F..e m 1G.05 $ cO Sent To o r- NANO ----- "lvo.- irPf? L7N ' A,,(,cA �Z�I�ItG 00,4 w��SJk RECEIVED JAN 0 6 2020 DCM-MHD CITY RECEIVED OF( 12 ...:1 DCM WILMINGTON, NC ROY COOPER Covemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Andy Dortch C/o Land Management Group, Inc. 3085 Wrightsville Ave., Suite 15 Wilmington, NC 28403 NORTH CAROLINA Environmental Quality December 31. 2019 RE: CAMA Major Permit Application Queens Point, LLC. 2541 Middle Sound Loop Road, Wilmington, New Hanover County Dear Mr. Andy Dortch, The Division of Coastal Management hereby acknowledges receipt of your application on November 6, 2019, acting as agent for Queens Point, LLC. c/o Kenneth Miller, for State approval for major development located at 2541 Middle Sound Loop Road, in Wilmington, New Hanover County, adjacent to the Atlantic Intracoastal Waterway. The application was accepted as complete on December 30, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is March 15, 2020. An additional 75-day review period is provided bylaw 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 December 30, 2019, 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 postnd at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely„ Tyl�df'McGuire r� Environmental Specialist cc: Gregg Bodnar & Jonathan Howell, DCM Robb Mairs, DWR USACE Linda Painter, LPO ueens Point, LLC, c/o Kenneth Miller, Applicant North Carolina Department of Environmental Quality I DiAslon of Coastal Management Wilmingtonooke 1127Cardlnal Drive Eztensiun I Wilmington, North Carolina 29405 910.7%.7215 RECEIVED JAN 0 6 2020 DCM-MHD CITY R IVED JA 0 6 2020 DCM HD CITY N0T1(01$1j? CAMA PERMIT APPLIED FOR PROJECT: .y iimington, Nlew Hanover County. COMMENTS ACCEPTED THROUGH Januarar ja 2o20 APPLICANT: FOR MORE DETAILS CONTACT Queens Point, LLC THE LOCAL PERMIT OFFICER BELOW: c/o Kenneth Miller '1 IV. Greensboro MC 27401 T27ar Ir1a . (919) 395-5680 1 n71f1 f Agent: Andy Dortch (910) 452-0001 Land 69anagement Group ROY COOPER Gnvenar MICHAEL S. REGAN S"Mit ry BRAXTON DAVIS Dlredor, Dlvlsian afCaatlal Mmmgemenl January 6, 2020 Advertising@starnewson I ine.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Queens Point LLC / New Hanover County Hello Angie: Please publish the attached Notice in the Thursday, January 9, 2020 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. port & Customer Assistance cc: MliC file Gregg Bodnar- WiRO USACE RECEIVED JAN 0 6 2020 stele orNWh Carolina I Enwonmen al Quality I Coanal Management 127 Cardinal Dane Ex(, Wilmington, NC 29405 9197967215 DCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 1 19(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On December 30,2019, Queens Point, LLC proposed to perform maintenance excavation of channel to Howe Creek & AIWW al2541 Middle Sound Loop Rd., adjacent to AIWW/Howe Creek, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Tyler McGuire, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) 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 January 30, 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 JAN 0 6 2020 DCM-MHD CITY McGuire, Tyler D From: Dortch, Andy <adortch@Imgroup.net> Sent: Monday, December 30, ?Qp To: McGuire, Tyler D Cc: MacPherson, Tara; Finch, Greg; Pietila, Tanya K Subject: Re: (External] Re: Queens Point Attachments: Green Confirmation Cards.pdf Greetings everyone, attached are the green confirmation cards for the revised Queens Point application. Let me know if you need any additional information to accept this application as complete. If complete and accepted, please let me know which date you will honor for the application date. thank you Andy Dortch I Environmental Scientist - Project Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG LAND MANAGEMENT GROUP a DAVEY# mmpany On Thu, Dec 19, 2019 at 10:59 AM Dortch, Andy <adortchaglmgroup.net> wrote: I suspect they are currently in the mail. Will forward to you once received. I'm leaving in a few minutes and won't be back in the office until maybe late next week, just FYI. thank you Andy Dortch I Environmental Scientist - Project Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403 RECEIVED Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax 910.452.0060 4LMG BAN o621120 DCM-MHD CITY LAND MANAGEMENT GROUP a Ditil I company RECEIVED On Thu, Dec 19, 2019 at 10:51 AM McGuire, Tyler D <Tyler.McGuireLa)nedenr.gov> wrote DEC 3 0 2019 Hey Andy, QCM WILMINGTON, NC r 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 mallplece, or on the front if space permits. 1. Article Addressed to: j M L 4), U. C. < i ��� 0 AYsnt X �� 0 Addp B. Piece bw All Akwd IQ DeOsd Dal n. en,r4iivmy eddresedll%^Wd flam Mien 11 ❑ lie If YES, enter delivery allAsw bsbw: O No 3 lyPa ❑nrmray wra I III�IIIIIIIIII'IIIIIIIIIIIIII�II'IIIIIIIIIIIII ❑ AdeMoe dwe dtal ❑ MID* d'. MN` ❑ Adult Signature HaMed Dellwy ° Cedlltatl ❑ Real.lyed Mal Rvatrkted adhar 9590 9402 5045 9092 9204 14 MdN ❑Cenlikd MeerbchMed eeMey (:dint wi Dd" ❑%W. Recelpt for 1 K0'wxesn 2. Artlda Numhefl%Milw ft. 61.4 ❑ndleclnn L%INary ReeLkAetl eeA„erY°cmfirmaticrT 7018 3090 01101 9313 0159 OD n= hWI Reesk1ed WhWy °n�udcttedCDelaMe" ww. s;wn Ps Form 3811, July 2016 PSN 700-02-000.e053 --- -- Donrelea-tk -Re-tu-rn —Recelat r 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 mallplece, or on the front B apace permits, 1. Article Addressed to: 4ti\Owt.. lAlo\try.., �{�;ins 2�' ��, M�»\� S•.A� LdaQ V uqj( II I Ililll alai 111 i li ll 1 1 1 llllll 111 l l I l ll l l l l l ll 9590 9402 5045 9092 9203 84 2. ArtloN Number (7rorefer son service /ebep _ -. _ - _ _ 7018 3090 0001 9313 0142 PS Form 3811, JU1y2015 PSN 7500-02-000-1=1 D. Is dab If YES, cwec o RECEIVED JAN 0 6 2020 DCM-MHD CITY .2 1 nMtAy .IM hrmlt born Item 17 ❑ Yes address below: ❑ No O RblsyM 11 Em`etee ❑ Rseielered Me1TM 0 93 teed Mail neetdcted a. tMnY uvaee ❑Conertletlon"+ ❑ OuniveRestricted Delivery Domestic Return Receipt I OfC302019 "CM WILMINGTON, NC _FA,P_-F -L of-- Q_ CAM;+ and DREDGE AND FILL RECEIVED 27390 - G E N E R A L PE R M I T BAN 0 6 2023 as authorized by the State of North Carolina DCM-MHD CITY Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 NCAC ? "r 2 n n '06p.0 FyLW4 Applicant Name a koe r TI c(,.>r f A R c hKIT V CT,; Phone Number Address City Project Location (County, State Road, Water Body, Type of Project Activity State 4) C_ zip Z 4 I I v l? A ..e Effin ":NMI ■■=1�::::H:1 0 ■■■■■ Groin Length 'Bulkhead Length ■ ' ■■ NON■■■■ M M M .■■■.■ . 0■9 NMI.M ■■■■■■. IN P0111 I ■loon ■■■■MPRO e■y■■ ■ ■E ■ti■son, I Lan MOM T This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is Inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. I applicant's signature permit officer's signature io`'1 r 1 DEC inuing date expiration dare 1 1,-4. , 1 QCM rjLM1NUTW a attachments application RECEIVED CAMA and DREDGE AND FILL F•tae-� I �i_. o f�.,. 'y G E N E R A L BAN o 6 2020 2739® P E R M I T DCM-MHD CITY as authorized by the State of North Carolina i Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15 IN AC 7 (1 I U 6GrJ FLyyr s '. Applicant Name 1 P� w� s ^I t n, r LLL', /n At�.t j l EcfC Phone Number <', I > > -k_? 3 U U(3 U Address City tKJ t, t.tnt 1 State iV C zip Project Location (County, State Road, Water Body, etc.) Type of Project Activity a_ w�r�Mx��■ �� Basin, channel dintenslons Le A This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, imprisonment or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit of- ficer when the project is inspected for compliance. The applicant certi- fies by signing this permit that 1) this project is consistent with the local land use plan and all local ordinances, and 2) a written statement has been obtained from adjacent riparian landowners certifying that they have no objections to the proposed work. In issuing this permit the State of North Carolina certifies that this project is consistent with the North Carolina Coastal Management Program. applicant's signature permit officer's signature issuingdate la ate j IJ"MWILMINGTM* r rt Pl attachments application fee Permit Class Permit Number NEW STATE OF NORTH CAROLINA 111-05 Department of Environment and Natural Resources and RECEIVED Coastal Resources Commission Vermit JAN 06 2020 for DCM-MHD CITY —2L Major Development in an Area of Environmental Concern pursuant to NCGS l 13A-118 _ Excavasion and/or ftl)ing pursuant to WIDS 113-229 Issued to Queens Point LLC., Suite 2050 300 N. Greene St Greensboro NC 27401 Authorizing development in New Hanover County at AIW W and Howe Creek at 2535 Middle Sound Loup Rd. near Wilmington , as requested in the permittee's application dated 5/14/03 (MP -I and MP-44) including attached workplan drawings (3) 5 and 6A of 9 dated 7/03 and 8 of 9 dated revised 5/19/03 This permit, issued on June 28. 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation of these termq may oc suo)cct to Fines, imprisonment or civil action; or may cause the permit to be null and void. I) In accordance with Policy 4.10 of the Wilmington — New Hanover County Land Use Plan, which prohibits new dredging activities in outstanding resource waters such as Howe Creek, the proposed dredging of the 60' x 160' basin and 750' x 30' access channel is not authorized, and all references to this dredging is hereby deleted from the attached workplan drawings'and permit application. Docking Facility Exoanslon 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the expanded docking facility. Any sewage discharge at the expanded 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 existenceiof the permitted structure. (See attached sheets for Additional Conditions) I ms permit action may oe appeatea by the permtttee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Nlanagentent Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Charle vector Division of Coast I Management ge� l f 2019 This permit and its conditions are hereby to . DQM WILMINOTON, NV Signature of Pemtittee Queens Point, LLC ADDITIONAL CONDITIONS Permit #111-05 Page 2 of 3 3) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether Floating or stationary, shall become a permanent part of this expanded docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 4) The pier and associated structures shall have a rpinimum setback distance of 15 feet between any parts of the structure.and the adjacent property owner's riparian access'corridor, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 7) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 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) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order twmake it more visible during hours of darkness or inclement weather, 10) This permit authorizes a maximum of four new boat slips, in addition to the two existing slips. NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the expanded docking facility. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The permittee shall not hold the State of North Carolina or the,�tJ�tlfed States liable for an damage to the structure or moored boats. 61FIVED REal"D RECEIVED DEC 12 P019 UI- DEC 12 4CM WILMINGTON, NC k)CM WILMINc, r r � r qwv��!{LMINGTQN,NC RECEIVED JAN 0 6 2020 Queens Point, LLC ADDITIONAL CONDITIONS General Permit #111-05 Page 3 of 3 11) The permittes. understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers to remove, relocate or alter the structural work or obstructiops caused thereby, without eipense'to' the United, States'oi the state of No th Carglina.� N f claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to initiation of construction. NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water Quality Certification No. 3400 (DWQ Project No. 050240), which wa§ issued on 3123/05. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500360. RECEIVED JAN 0 6 2020 RECEIVED DEC 12 2019 DCM-MHD CITY DCM W11.MINGTAN, NO Permit Class Permit Number MODIFICATIONPWINOR 111-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources RECEIVED and uC.td VVILMINGTGPI `vG Coastal Resources Commission Permit .- 14 200 for X _ Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-I 18 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Queens Point LLC., Suite 2050 300 N. Greene St Greensboro NC 27401 Authorizing development in New Hanover _County at AI W W and Howe Creek at 2535 Middle Svstad DK19 Rs., = __W_Wnin W, as requested in the permittee's letter dated 9/14/06. including the attached workolan drawings (5) all dated "received Morehead City 2/7/05" This permit, issued on May 10, 2007 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfrsh populations, no excavation shall be permitted between April 1 and Sept. 30 of any year without the prior approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries. 2) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed that expressly and specifically set forth in the attached workplan drawings. Any proposal to change the area to be dredged shall require permit modification. 3) Excavation shall not exceed .4 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permince of other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit shall be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered tereunder requires further Division approval. All work shall cease when the permit expires on December 31, 2008 In issuing this permit, the State of North Carolina agrees hat your project is consistent with the North Carolina Coastal danagement Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. v 4i''t Charles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. RECEIVED DEC 12 2019 Signature of Pennittee JAN 0 6 2020 DCM-MHD CITY Queens Point, LLC Permit # 111.05 Page 2 of 3 ADDITIONAL CONDITIONS i 4) No excavation shall take place within 10 feet of any coastal wetlandO.CM WILM r, , 5) No vegetated wetlands shall be excavated or filled. , ); NC MAY 1 4 200? 6) The authorized. porary placement or double handling o authorf fill materials within waters or vegetated wetlands is not NOTE: T'he pertnittee's contractor is advised to contact the to discuss operations and U.S. Coast Guard at (910) 815-4895, ext. appropriate lighting, markets, etc, for all dredge equipment. 108 Shcllfishin_ � �) If discharges of dredged or fill materials from waters closed to the harvest of shellfish are placed in waters that are open to the harvest of shellfish, a minimum of 24-hours prior notification shall be closures to the harvest f shellfish may be put in place. given to the Shellfish Sanitation and Recreational Water Quality Section so that appropriate temporary Snoil_� at 8) All excavated materials shall be confined to the area on the attached workplan drawing behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 9) The disposal area effluent shall be contained by pipe, trough, or similar devbeyon ice to a point at or d the normal low water level to prevent gully erosion and unnecessary siltation. 10) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 11) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 12) The diked disposal area shall be constructed a sufficient distance fruut the mean high water level or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 13) The disposal area and all disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion within 30 working days of project completion. NIIti¢ative Com�titments 14) Any mitigative measures or environmental commitments specifically made b the. Environmental Assessment for this project shall be implemented, regardless of whether or not such commitments are addressed b Y applicant in the modifications. Y ntdrv'dual conditions of the modification and any subsequent RECEIVED RECEIVED BAN 0 6 2020 DEC 12 2019 CITY Queens Point, LLC - tECEIVEPermit # 111.05 >,:f i (, -rN"age 3of3 General 15) This modification shall be attached to the original of Permit No. 11 l -05, which was issued on 6/28/05, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 16) All conditions and stipulations of the active permit remain in force under this minor modification, unless altered herein. N TE: This modification does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require additional 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 permittee and/or his contractor is urged to meet with a representative of the Division prior to Project initiation. RECEIVED JAN 0 6 2020 RECEIVED DCM-MHD CITY OF 19 H19 n CAA MIR, RAik . _. Soundings from Mean Low Water (MLW) (recorded January 17, 2003) 0 Distance from Vegetation to VegetatiorL- Base map from county aerial photograp Approximate MLW Boundary Approximate Edge of Marsh Vegetation Approximate MHW Boundary Proposed Dredge Area 0 W W U LLI tr JAN 0 6 DCM-MHD LITY SCALE 1" = 200' Queens Point �jd Management Group, Inc. Sheet of A ��'P9" rD \ New Hanover County a, s Envlronmentot Consultants Maintenance Dredging Project ` Wilmington, NC Plan View - Existing Conditions Sheet of 9 (-UTurE' i luW c3 Proposed Dredging Alignment 10118=19 The Dewey Tree Expert Company Mail - Fwd: Queen's Point Maintenance Dredging Y Dortch, Andy <adortch@lmgroup.net> Fwd: Queen's Point Maintenance Dredging 1 message Finch, Greg <gfinch@lmgroup.net> Mon, Oct 7, 2019 at 1:51 PM To: Andy Donch <adortch@lmgroup.net> Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 19281 Cell: 910-470-4734 Email: gfinch@lmgroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 284031 www.lmgroup.net ---------- Forwarded message --------- From: Adam Knierim <adamknierim@gmail.com> Date: Mon, Oct 7, 2019 at 1:46 PM Subject: Fwd: Queen's Point Maintenance Dredging To: <gfinch@lmgroup.net> Adam C. Knierim, M.S. President Maritech, LLC 108 Circle Drive Hampstead, NC 28443 RECEIVED Mobile - (910) 297-7710 Office - (910) 270-4058 Begin forwarded message: BAN 0 6 2020 DCM-MHD CITY From: bushardt <bushardt@bellsouth.net> Date: October 7, 2019 at 1:08:21 PM EDT To: Adam Knierim <adamknierim@gmail.com> Subject: Re: Queen's Point Maintenance Dredging Adam, RECEIVED We give you permission to use our spoil island. DEC 1 2 2019 Paula Bushardt President NENHC DCM WILMINGTON, NC On Monday, October 7, 2019, 09:42:43 AM EDT, Adam Knierim <adamknierim@gmail.com> wrote Paula, Hope all is well. I am writing to request authorization for disposal site use in association with the Queen's Point Maintenance Dredging Project. Specifically, we are requesting a onetime authorization for placement of dredge spoil derived from the Queen's Point site located at Howe Creek. As with past requests, an emailed response granting authorization will suffice for permitting purposes. Thanks again and have a great week. Mips'//mail.google.com/maigu/0?ik=a4bf7a7829&view=pt&search=all&peonthld=thread-f°k3A7646757883651154358&simpl=msg-f%3A16467578836... 112 10/18/2019 The Davey Tree Expert Company Mail - Fwd: Queen's Point Maintenance Dredging Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 Adam C. Knierim, M.S. President/Coastal Geologist Maritech, LLC 108 Circle Drive Hampstead, NC 28443 office 910.270.4058 field 910.297.7710 fax 910.270.4058 RECEIVED JAN 0 6 2020 DCM-MHD CITY RECEIVED DEC 12 2019 DCM WILMINGTON, NC https:llmail. google. com/m ail/ulO?ik=a4bf7a78298view=pt&sea rch=all&permthid=thread-f%3Al6467578836511543588simpl=msg-1%3A16467578836... 2/2 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Howe Creek Fee: $000#1617 CDAIT _ MHC cc Applicant: Queens Point LLC Agent/Contractor: Land Management Group, c/o Andy Dortch & Greg Finch Project Site County: Now Hanover Staff: Tyler McGuire District: Wilmington Project Name: 2641 Middle Sound Loop Road Rover File: n/a River Basin: White Oak Initial date of application submittal: 11-06.2019 Date application "received as complete" In the Field office: Permit Authorization: CAMA 7Dredge &Fill oth SITE DESCRIPTION/PERMIT INFORMATION ORW: PQYes ONo I PNA: Yes 1ANo Photos Taken: YeSEI NOP Setback Required, (riparian): DYes P&No Critical Habitat: LJYes XNo EJNot Sure 15 foot waiver obtained: UYes o Hazard Notification Returnggd: ❑Yes �No N/A SAV:C3Yes o Not Sure Shell Bottom: Yes SNo Not Temporary Impacts: Yes No Sure Sandbags: ElYes ZNo El Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: 14Yes ❑No ❑Yes JoNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: joYes []No ❑NA ❑Yea JKNo❑NA 1�_FT. Shellfish Area Designation: Project Description: (code) Development Area: ,(code) Arcs Open -or Closed P sue% p'TA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) Outstanding Resource Waters (OR" WETLANDSIMPACTED El (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamalcense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Sclrpus LJ (TY) Cattail (Typha sp.) spicats) SO (JR) Black needlerush (Juncos (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 34g0 III(D) Pdv. public or comm wl D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major El Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 III(B) Public or commercial wl D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - II. Public or commerciallno dredge $100 and/or fill - $400 El I. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 RECEIVE acre; 4144 can be applied; DCM needs DWQ agreement - $400 JAN 0 6 2020 DCM-MHD CITY Queens Point LLC Date: 11-18-2019 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 One tavl1w Wlam 4rP14n C New Work Replace —I 30 Z/ut Malnl 10 ❑ Y DON New Work IN Replace Pj� I Melnt ❑ ❑ Y 10 N 2-00 New Work Replays // 16 c) Malnt X ❑ Y 19 N t90 New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Malnl ❑ ❑ Y ❑ N New Work Lj Replace Malnt ❑ ❑ Y ❑ N New Work LJ Replace Main/ ❑ ❑ Y ❑ N New Work Lj Replace Malnt ❑ I ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total Includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp Impact tern Im ads Im adamount) temp impacts) amount Dredge Fill❑ Both ❑ Other ❑ 38 1 (0 0 3R, (oo Dredge ❑ Fill ❑ Both ❑ Other ❑ 20" 000 Z O, mo Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ . Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED 919.733.2293 n 1.888.4RCOAST :: pvyyw,nceoast@Imanagemont.nat 8 CM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 11/18/2019 Davey Resource Queens Point, LLC United 1617 $400.00 major fee, 2541 Middlesound TMc rct. Group, Inc. Bank Loop Rd, Wilmington NHCo SPLIT 9503 60/40 RECEIVED F -M-MHD CITY \�I15I1Q Major Permit Fee Schedule Project Name: O'A" 5 'POI Mr 4L- C County: Alt;,, IAAArovizirt- Check No & Amount f) 1(P 17 4'4-00 Development Type Fee DCM % DWQ % (14300160143510009316266253) (2430016024351000952341) I. Private, non-commerclal development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not Involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine If A,B, C, or D below applies'. III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($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 review and written DWQ concurrence is $400 60% ($240) , 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If eneral Water Quality $400 80% ($240) 40% ($160) Cartificail o. 4175 cannot be appli IV. Development that involves the filling and/or excavation of more than one acre 5 60% ($285) 40% ($190) of wetands and/or open water areas: RECEIVED JAN 0 6 2020 DCM-SAND CITY DCM Coordinator: Gregg Bodnar County: Nk Permit MA"" WIRO MAIL DISTRIBUTION SHEET Circle one: io Repo / Permit for: � U � ?Ok Y41Vl/(/ Oversize Pla DCM Offices: 1 Morehead City: PT (if oversize) via Courier I" / 'cc Gregg & Amanda on group email w/ bio.na r.app.drawings, deed, comment sheet / 'MHC documents (Gregg & Amand ) Wilmington: Original hard -copy ONLY USACE & DWR irvlro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Liz Hair Pen L, Reports, Split Sheet _ / (until territories are decided min H / BR): PN, CL, Reports, Spli heet ✓ Div of Water Resources. a' CL, Reports, Split Sheet Div of Water Resources: an n a vo for Karen H CL, Reports, Split Sheet ------------ ----------------------------- ------------------- ------------------- --- ----------------------------------- ------ Marine Fisheries: Curt Weychertw/Repws DCM Planner/WiRO: Mike Christenbury v Cultural Resources: Renee Gledhill -Earley Environmental.Review0-ncdenr.00v-2 Natural Heritage Prog. Rodney Butler v T DCA-Rural Eco. Dev: Mark Ziegler ✓ NC DOT: David Harris Wildlife Resources: Maria Dunn w/Reports State Property Office: Tim Walton: DEj�D Mike Moser ✓✓ Wanda Hilliard, Real Properly Agent (Blo Reports/only) Shellfish Sanitation: Jeremy Humphre /3irannon Jenkins (Pt) ✓ haro n, Admin. DEMLR Public Water Supply: City of Wilmington: Enforcement: Co. LPO Agent: DISTRIBUTED: Christine Hall - Stormwater Section v Dan Sams - Land Quality Section Heidi Cox ✓/ Kathryn Thurston Field Rep: 11tv V 0/0 RECEIVED JAN 0 6 2020 DCM-MHD CITY Updated 1r620 CAMA/Sheun majors docsre Agency List ROY COOPER Gnvemor MICHAEL S. REGAN Secremry BRAXTON DAVIS Unrcmr. Divisian n/('narml Management January 6, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(aNCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Queens Point, LLC Project Location: 2541 Middle Sound Loop Rd, adjacent to AIWW/Howe Creek in Wilmington, New Hanover County Proposed Project: Maintenance excavation of channel to Howe Creek & AIWW. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grepa Bodnar at the address above by January 30, 2020. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVED JAN 0 6 2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal now Eat., Wilmington, NC 28405 9197967215 DCM-MHD CITY MacPherson, Tara From: MacPherson, Tara Sent: Monday, December 2, 2019 11:06 AM To: Finch, Greg ca McGuire, Tyler D; Andy Dortch; Pietila, Tanya K Subject: RE: [External] Re: Queens Point Hi Greg, Please see the correspondence below regarding the Queens Point, LLC application. RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED Queens Point, LLC 2541 Middle Sound Loop Rd. New Hanover County We originally accepted your application on November 21, 2019 under the impression it was complete. On subsequent review, I have discovered that it lacks certain necessary information, Accordingly, I am requesting you to submit additional information to this office. The reasons for adjudging the application to be incomplete are as follows: 1). The alignment of the proposed access channel maintenance dredging is NOT consistent with the referenced previously permitted channel within ORW waters. 2). In order to process this application for maintenance dredging please provide an updated application, with adjacent property notifications, for the approved alignment as authorized by State Permit No.111.05. In accordance with the Department of Environment and Natural Resources regulations, we note that a certain time has passed while the application has remained in our office. Accordingly, upon resubmission of a complete application, a decision will be made within 150 days, provided this period is not extended as provided by law. Thank you, Tara Tara MacPherson Southern Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tara macohersonancdenr goy 127 Cardinal Drive Ext Wilmington, NC 28405 RECEIVED JAN 0 6 2020 DCM-MHD CITY MacPherson, Tara From: Finch, Greg <gfinch@lmgroup.net> Sent: To: MacPherson, Tara Cc: McGuire, Tyler D; Andy Dortch Subject: Re: [External] Re: Queens Point OK. We'll update the alignment on our end then, would like the add the 60' width by the dock too. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 On Tue, Nov 26, 2019 at 12:17 PM MacPherson, Tara <tara.macphersonna,ncdenr.gov> wrote: Attached. The drawings were in MHC. They were referenced as received by MHC so I'm not surprised they were not in the file. I had to go and get them pulled. This should help. Tara MacPherson Southern Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macohersonOncdenr vov RECEIVED JAN 0 6 2020 DCM-MHD CITY