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HomeMy WebLinkAbout73-20 JRT Topsail VenturesPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and o Coastal Resources Commission .D Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to JRT Topsail Ventures, LLC, PO Boa 94, Wilkesboro, NC 28697 Permit Number 73-20 Authorizing development in Pender County at adi. to Banks Channel and Topsail Sound, at 620 Nixon Ave., in Topsail Beach , as requested in the permittee's application dated 3/1/20 (MP-1) & 3/18/20 (MP4) including attached workplan drawings (4), sheet 1 of dated 3/1/20 and sheets 24 of dated 3/18/20. This permit, issued on June 22, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )t these terms may be subject to tines, imprisonment, or civil action; or may cause the permit to be null and void. Dockine Facility 1) This permit authorizes only the docks, piers, platforms, boat lifts, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pemrittee JRT Topsail Ventures, LLC Permit No. 73-20 Page 2 of 3 ADDITIONAL CONDITIONS 3) The authorized structures and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 4) 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. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) This permit authorizes a maximum of 3 formalized boat slips. 7) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 8) Should the property to the east or west of the applicant be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorizing to construct of a portion of the docking facility within the property owner's riparian setback, and submit this authorization to the Division of Coastal Management prior to initiating construction of the docking facility. USACE Conditions 9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.eov/nc-es/mammal/manatee Quidelines.adf. General 10) 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. 11) 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. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 13) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. The permittee shall be responsible for the immediate removal of any displaced debris, trash, or litter associated with the project site. JRT Topsail Ventures, LLC Permit No. 73-20 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2020-00753). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0554. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: Permit #:�� MAILING DISTRHiUTION SHEET Permittee: Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Wi fnington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) a eret, Onslow, Pender) Brad Sliver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee G dhill-Earley at Environmental.Review@ncdcr.gov Public Water Supply: i Cox (WIR) Clif Whitfield (WARO) Marine Fisheries: Harding immy Harrison NC DOT: avid Hatris Shellfish Sanitation: 19-1(annon Jenkins / Sharon State Property: /�' Tim Walton / Mike Moser DEMLR/DWR: Shefi-Montalvo / Shelton Sullivan Washington: Anthony c mu -4U1 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 (Brunswick, New Hanover) m e — 1 (Carteret, Onslow, Pender) —Cftnstme Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn ( ARO (NCDOT) Travis Wilson Natural Heritage Pro m Rodney Butler LPO: DCM Coordinator: urt Weychert County: �?Q02_ Permit #: 3 WIRnO"E-MAIL DISTRIBUTION SHEET Circle one: Bio Report ermitfor �2�J ���S/YL VENT(% Oversize Plans sent: DCM Offices: Morehead City: PT (if oversize) via Courier *cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet *MHC documents (Curt & Amandk al -hard Wilmington: 9u4iapy ------------------------------------------------------ .n r - A ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Liz Hair (Pender & Carteret Cc): et / BR): PN,CL, Re (until territories are decided) 4 WilmingtonNCREG@usace.armyH ports p .mil (Nlit SheetDiv of Water Resources: Reports, Sheet� , /M /F�j �Montal-vvoOQKaren Div of Water Resources: lit heetlit Sheri for Higgins: PNN CLL Reports, Sp, flU� "l ----------- ----------------- Marine Fisheries: --------------------------------------- ------------------------------- - w pea Anne Deaton (temporary) w/Reports DCM PlannerlWiRO: Mike ChristenburyK Cultural Resources: Renee Gledhill -Earley Environmental. Review(cDncdenroo7 \�� Natural Heritage Prog. Rodney Butler X DCA-Rural Eco. Dev: Mark Ziegler NC DOT: Wildlife Resources: State Property Office Shellfish Sanitation: 01AJ,IIV Public Water Supply: City of Wilmington: Enforcement: Co. LPO Agent: ►RI131 A-1014#1 David Harris _ Maria Dunn w/Reports Tim Walton: DEED Mike Moser Wanda Hilliard, Real Property Agent(8ie-Rcpvrts6ltq)X Jeremy Humphrey (Bio) /Spannon Jenkins (Pt) Sharon Gupton, Admin. Christine Hall - Stormwater Section _ Dan Sams - Land Quality Section Heidi Cox Kathryn Thurston Field Rep: dL_ Updated 3111120 CAMA/Shaun majors docs/e'Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: James Trice ofJRT Topsail Ventures, LLC COUNTY: Pender PROJECT NAME: JRT Topsail Ventures, LLC/ 620 Nixon Avenue LOCATION OF PROJECT: 620 Nixon Avenue, Adj to Banks Channel & Topsail Sound, Topsail Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-8-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A RECEIVED FIELD REPRESENTATIVE: Dad DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 4-25-20 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 6-22-20 HOLDS: MAIL OUT DATE: 4-23-20 q' .^ n PERMIT FINAL ACTION: ISSUE V W DENY APR 2 4 2020 FEE RECD:$250 #2130 DCM-MHDCITY END OF NOTICE DATE: 5-16-20 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 5-16-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep - / 4 DCM - LUP Consistency Determination 5 - y9'zo Local Permit Officer Corps of Engineers - Regulatory Branch - - Zoz - 60463 GP DWR-401 Section �� ��� ��-�J�J�I GC y1�5 DWR- Public Water Supply N - — DEMLR - Stormwater { 23 DEMLR - Sed and Erosion ?� - DOA - State Property Office Wildlife Resources Commission 5 DMF - Shellfish Section 5 DMF - Habitat & Enhancement�- DNCR - Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Fee:$ # CDAITS _ MHC cc _ Applicant: Agent/Contracto . Project Site County: -tM Staff: District: Wilmington Project Name: L U Rover File: We -r River Basin: O . Initial date of application submittl: L�— g , 2� Date application "received as complete" in the Field office: Permit Authorization: CAMA Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION "Z-101 �� ORW: E]Yes NNo PNA: ❑Yes No Photos Taken: Yes ❑ N9121 Setback Required (riparian):/17,45wo1 Critical Habitat: ❑Yes No ❑Not Sure 15 foot waiver obtained: Yes No Hazard otifical Returned: ❑Yes MM SAV: ❑Yes IgNo []Not Sure Shell Bottom: ❑Yes o ❑Not Temporary Impacts: ❑Yes 0 Sure Sandbags: []Yes o Not Sure Did the land use ccjjassification come Mitigation Required (optional): lum from county LUP:2Wes ❑No ❑Yes., - Moratorium Conditions: Environmental Assessment Done: Len th of Shoreline: ❑Yeytto ❑NA []Yes No ❑NA FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) p -or- Closed F © , 0 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 ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) C3 (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos (SP) Salt/meadow grass (Spartina roemehanus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - El 11. Public or commercial/no dredge $100 and/or fill - $400 Rr-cEIVED . Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWO agreement - $400 APR 2 4 2020 DCM-MHD CITY Major Permit Fee Schedule Project Name:��J' \ I (O - County:Vt/Uk � 2172 0 Check No & Amount: 1 -=jam DCM % DWQ % Development Type Fee 14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: Il. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas - III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas. determine if A,B, C,, or D below applies. III(A). Private, non-commercial I development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applie III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life. Ill(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. RECEIVED APR 2 4 2020 DCM-MHD CITY Vendor Check Check Permit Rct.# Number amount Number/Comments G FCU 2130 $250.00 major fee, 620 nixon ave, topsail tp rct. beach PnCo No Split 9796 v < N m 0 = N 0 o � 1 Applicant:�tL�.r Date: 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 REPLACEli Activity Name Number Choose Choose Dimension 1 I Dimension 2 Dimension 3 Dimension 4 One One New Work0 Replace Maint ❑ ❑ Y ❑ N �.� New Work Replace Z Maint ❑ ❑ Y ❑ N New Work Maint ❑ Replace ❑ Y ❑ N 2� SMaint New Work Replace ❑ ❑ Y ❑ N New Work Replace SMaint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ 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 temp impacts) eVpact amount) temp impacts) amount VV Dredge ❑ Fill ❑ Both ❑ Othe Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED APR 2 4 2020 919-733-2293 :: 1.888-4RCOAST :: www.nccoastalmanaaement. net revised: 022Q 18 DCM-MHD CITY RECOMMENDATIONS ,1 #Y 1 1 The total area of the proposed structures was calculated as follows: Shoreline length = +/-54 ft. x 8 sq. ft. = 432 sq. ft, allowable. Proposed: Platform = 12' x12' =144 sq. ft Floating dock = 8' x 10' and 4' x 22' =168 sq. ft. Boatlifts (not included) = 288 sq. ft. Existing Total = 312 sq. ft. Total proposed = 600 sq. ft.(incorporated) The construction would provide docking space for up to three (3) vessels at this location. As proposed, the project would be CONSISTENT with the use standards set forth in NCAC 07H .0208(b) (6), including the 1/4 width rule, the eight -square foot rule and the pier -width rule. The proposed structures would be located entirely over open water. This office has NO OBJECTION to the proposed work provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for private docking facilities. RECEIVED APR 2 4 2020 DCM-MHD CITY ROY COOPER m,wv rr 1✓ x :NORtf4 OAROUNA: �'nvill"I "W"I tcrits! April`22; 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce -Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Counter11-12-09) curt.weychertr7a.NCDEN R.gov SUBJECT: LAMA MICHAEL S. REGAN B'RAXTON DAVIS lb",Irv,1 , ohm4(7q'ii.il 1 111,M Applicant. James Trice Project,Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Ponder County Proposed'Project: Proposal to demolish an existing docking facility & build a new private three (9) slip facility: Please; indicate below your agency's: position or viewpoint on the proposed project and return'this form to Curt Wevchert at the address above by l flay>1i3,:2020 If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth,comments -with supporting data.is requested. REPLY:, k 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, IP�t1NT-f�AME rry1S/I( �uAn AGENCY wak, Pmv,� SIGNATURE RECEIVED PATE U- of -a o eoq � 8iZU2� State of North Carolina I Environmental Quality I Coastal Management MP SECTION 127 Cardinal Drive Ext, Wilmington, NC 29405 919 796 7215 r)CM - MHD CITY Q. ROY COOPER ,t i Governor ry MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Direclnq Division m`Cuasral Enri onmemnl 011ohly Management April 22, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cD NCDEN R.gov SUBJECT: CAMA Applicant: James Trice Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pender County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 16, 2020, If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation SIGNATURELd¢2¢{ytu- 9Yitlrr.A�Gf ¢u for Shannon Jenkins DATE 05/05/2020 State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED MAY 0 6 2020 MP SECTION DCM - MHD CITY a April 22,2020 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS MEMORANDUM.'D2 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.%,feychert(cDNCDENR.qov SUBJECT., CAMA 68 cr, Applicant: James Trice k8, Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pander County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or Viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 16, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 6 n;a_ (\ AGENCY NN � Q C_ RECEIVED SIGNATURE MAY o I; mo MP SEC-rioM DATE DCM - MHD CITY State of North Carolina I Hwhoornonud Quality I Coastal Management 127 Cardinal Drive &t,, Wilmington. NC 28405 9197967215 a DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 April 30, 2020 Regulatory Division Action ID No. SAW-2020-00753, General Permit No. 197800056 JRT Topsail Ventures, LLC. Mr. James Trice Post Office Box 94 Wilkesboro, North Carolina 28697 JTRICEI@charter.net Dear Mr. Trice: Through coordination with the North Carolina Division of Coastal Management we have learned of your request to demolish an existing docking facility and replace with a new three -slip facility located at 620 Nixon Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County, North Carolina. On January 1, 2017, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne- es/mammal/manatee_guidelines.pdf. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. RECEVED MAY 01 1010 NAP SECTION DCM - MHD CITY ezv -2- Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049 or by email sarah.e.hair@usace.army.mil. Sincerely, HAIR.SARAH.EIII, itallysigned by HAIR.SARAH.EA.1054693512 0400 020.04.3015:30:58 A.1054693512 Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: GP 56 conditions Manatee Guidelines Plans Electronic Copy Furnished (with enclosures): Debbie Wilson Consulting; Ms. Debbie Wilson-debbiew75@charter.net Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Curt Weychert NCDEQ/DWR; Mr. Robb Mairs RECEIVED MAY U1= Mp SECTION DCM - MHD CITY •° ROY COOPER 1 MICHAEL S. REGAN �?. Secretary BRAXTON DAVIS NORTH CAROLINA Direclaq Dirimon ofCoaxml Gnm onmenlal Qliahlp Management! April 22, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(d,)N CDEN R.gov SUBJECT: CAMA Applicant: James Trice Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pander County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 16, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _X_ This agency has, no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Dan Sams AGENCY DEMLR SIGNATURE J d m. DATE April 23, 2020 State of North Carolina � Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7967215 RECEIVED APR 2 3 2020 MP SECTION DCM - MHD CITY Received: 5/12/2020 Historic Preservation Office NORTH CAROLINA Environmental Qtmli y April 22, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertcDNCDENR.00v SUBJECT: CAMA Applicant: James Trice ROY COOPER Governar MICHAEL S. REGAN Secretary BRAXTON DAVIS Director. Dmumn n(Coasml Management Due: 5/20/2020 NC A-- SBA 05/14/2020 Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pander County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above an have you If by NIa 16 2020. questions .._ Y _., � Y Y regarding the proposed project, contact Jason Dail at (910) 796-7221 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. j_1k1_K 1_AME Renee Gledhill -Earley ■ • M • - -� •1WT, - SIGNATURE _.1�� f t AV-0 05/20/2020 RECEIVED MAY 10 2020 Stnte of North Carolina I Environmental Qaality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 MP SECTION DCM - MHD CITY NORTH CAROLINA Environmental Quality April 22, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.weVchert(a)NC DENR.gov SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN secrelary BRAXTON DAVIS Dimctor, Division ofCoasial Management Applicant: James Trice Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pander County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 16,.2020? If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. . RWTNAME Anne Deaton AGENCY, Division of Marine Fisheries SIGNATURE 0_, tk t9r 1 - RECEIVED DATE 5/25120 MAY 2 5 2020 MP SECTION State of North Carolina I Environmental Quality I Coastal Management DCM - MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER MICHAEL S. REGAN :&rnlarr BRAXTON DAVIS aC7?1'P '. AR'�ll. i",P. Uin•,'ln�, Divivinn nl(b¢rtm1 Adum,genunf April 22, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevche rt(al N CD EN R. gov SUBJECT: CAMA Applicant: James Trice Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pander County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 16, 202& If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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" _t.- This agency has no comment on the proposed project. �f,jyp�v This agency approves of the project only if the recommended changes are incorporated. See.attached. 3 �Lils P r6pdsGJ '' I This agency objects to the project for reasons described in the attached comments. PRINT NAME W&U1da Ai 11 i ar-d -.' ._�!.� L_1. vu SIGN6iTURE "1i(�a/►tOiQ� >��t.P,ctan� RECEIVED DATE Jam" oZ 7 - it D MAY 2 7 2020 State of North Camlina I Environmental Quality l Coastal Management MP SECTION 121Cudina]Drivc Ext.,WiMingion,NC28405 9197967215 DCM -MHD CITY Docusign Envelope ID: 21B75C12-7F894120-93E0-013B65110A355 �OY COOPER Qoasnor MICHAEL S. REGAN 9ecretwr S. DANIEL SMITH Dirertw James N. Trice P.O. Box 94 Wllkesboro, NC 28697 NORTH CAROLINA Envtrwunental QuaBty May 11, 2020 Subject: No Written Approval Required 620 Nixon Avenue -Topsail Beach, NC 28445 Dear Mr. Trice: DWR # 2020-0554 Pender County The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on April 22, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htt_p://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): North Carolina Department of Envhonmental Quality I DlvIslon of Water Resaurcea Wllmhyton "onal ORke 1127 Cardnal Drtve Extension I WNmingtom North Carolina 28405 �"' 910.7%.7215 DocuSign Envelope ID: 21375C12-7F89-4120-93EO-OBB65110A355 ti Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Robb Mairs at: 910-796-7215 or robb.mairs(@ncdenr.gov or Holley Snider at 910-796- 7333 or hollev.snider(@ncdenr.gov if you have any questions or concerns. Sincerely, EKOY DxuSigned E3ABA74ACID0434... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC Debra Wilson, EC DWR 401 & Buffer Permitting Branch file-LF WiRO MEMORANDUM To: Curt Weychurt From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application — James Trice/Topsail Ventures, LLC, Topsail Beach, Pender County Date: May 29, 2020 Consistency Determination: This project appears to be consistent and not in conflict with the Topsail Beach Land Use Plan update. The applicant is proposing to demolish an existing docking facility and construct a new three -slip facility. The project is located at 620 Nixon Avenue, adjacent to Topsail Sound in Topsail Beach, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PT. Waters at the site are classified as SA and are not open to shell fishing. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Topsail Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed and Conservation. In general, the Topsail Beach Land Use Plan allows development in Developed/Conservation classified AECs which is consistent with the State's minimum use standards. The Topsail Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project appears to be consistent with the Topsail Beach Land Use Plan Update. Cc: File RECEIVED MAY 2 91010 MP SECTION DCM AM CITY °♦♦♦' •w' ROY COOPER ' MICHAEL S. REGAN BRAXTON DAVIS Aar.:,,.. .'V',nn. •!r},n:.. April 22, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(@.NCDEN R.cov SUBJECT: CAMA Applicant: James Trice Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pander County Proposed Project: Proposal to demolish an existing docking facility & build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 16, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME All I a U � 2 i� I t AGENCY AJ t p rr 0 7 Co In M 4W6e SIGNATURE ` r l PV V` DATE -1/1 %2 0 State ofNott Carolina I Emimmmntal Quality I Co l Managemmt 127 Cardinal Ddvo Ext., Wihningmn, NC 28405 9197967215 RECEIVED MAY 1.1 2020 SECTION DCM MHD CITY NORTH CAROLINA 1xvironnrenial 01 ahn, April 22, 2020 MEMORANDUM.' FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(rDNCDEN R.aov SUBJECT CAMA Applicant: James Trice ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dimclor, Division ofCoarial ManaRemenl Project Location: 620 Nixon Ave., adjacent to Banks Channel, Topsail Beach, Pander County Proposed Project: Proposal to demolish an existing docking facility 6 build a new private three (3) slip facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by May 16, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmemal Quality I Coastal Management 127 Cardinal Drive Exl., Wilmington, NC 29405 919 796 7215 RECEIVED APR % 4 2020 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: James Trice for JRT Topsail Ventures, LLC 2. LOCATION OF PROJECT SITE: 620 Nixon Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. Location by GPS: Lat: 34°23'12.25"N Long. 77036'16.21' W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 4/14/20 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete - 4/8/20 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Topsail Beach Land Classification from LUP - Developed / Conservation (B) AEC(s) Involved: EW, PT (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Unknown Planned - None Type of Structures: Existing - Upland is undeveloped. A private docking facility that includes a single access pier, platform and boatlift are located on the property's western shoreline. Planned - new docking facility (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DRFDC, Ff) FILLED OTHER (A) Vegetated Wetlands 144 sq. ft. (shaded) (B) Non -Vegetated Wetlands 600 sq. ft. (Open water (incorporated) (C) Other - High ground (D) Total Area Disturbed: 744 sq. ft. (E) Primary Nursery Area: NO (F) Water Classification: SA Open: YES B. PROJECT SUMMARY: The applicant proposes to demolish an existing docking facility and build a new three -slip facility. RECEIVED APR 2 4 2020 DCM-MHD CITY i� James Trice Page 2 9. PROJECT DESCRIPTION: The project site is located at 620 Nixon Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. To find the property from the Wilmington Regional Office, take Highway 17 North from Wilmington approximately 20 miles and turn right on N.C. State Highway 210. Travel approximately 2.8 miles to the intersection of NC 210 and NC 50. Turn right onto NC 50/NC 210 and travel approximately 1.9 miles onto Topsail Island. Turn right onto S. Topsail Dr. /NC 50 and travel approximately 4.29 miles to Nixon Avenue and turn right. Travel to the end of the road and the subject property will be located on the right-hand side. Existing man-made features on the property include a private docking facility and partial bulkhead (bulkhead is located along the northern portion of the property). High ground vegetation consists of Live Oaks and scrub vegetation. According to the application package, the high ground portion of the property is elevated approximately 2'-6' above the normal high water (NHW) level, and the shoreline (+/- 54 linear feet) is partially stabilized by a wooden bulkhead. There is a narrow fringe of Coastal Wetlands (approximately 24' in width), consisting primarily of Smooth Marsh Cordgrass (Spartino Alterniflora) bordering the property along the western shoreline. Residential properties border the property to the north, south and east and Banks Channel borders the property to the west. The existing pier and docking facility was authorized prior to 1993 and a quick records search did not identify any previous permit history. The docking facility is located along the western portion of the property and extends approximately 100' into Banks Channel (as measured from the most landward point of the access pier). The facility consists of a 6' x 80' access pier, 14' x 18' uncovered platform and 12' x 12' boatlift (located on north side of the existing platform). The existing docking facility extends approximately 57' beyond the outer edge of marsh, which places the entire structure within 1/4 of the width of the water body well outside of the existing channel and right at the edge of the existing pier head line. The width of waterbody in this location is approximately 845'. The waters of Topsail Sound (adjacent to the project site) are classified as SA by the North Carolina Division of Water Resources. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during the April 2020 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding area. Water depths in the vicinity of the existing facility range from -2'to 4, relative to normal low water (NLW). PROPOSED PROJECT: The applicant proposes to demolish the existing docking facility and replace it with a new three -slip facility. The new docking facility would include a 6' x 96' access pier, 12' x 12' fixed (elevated) platform, two - 12' x 12' boatlifts and a 32' long floating dock (4' x 22' + 10' x 8'). As depicted on the site plan drawings, the 6' x 96' access pier would originate along the western shoreline and would extend west, into Banks Channel. RECEIVED APR 2 4 2020 DCM-MHD CITY James Trice for JRT Topsail Ventures LLC Page 3 At the terminus of the access pier, the applicant proposes to install a fixed 12' x 12' "T-head" shaped platform. As proposed a 12' x 12' boatlift would be installed along the southern side of the platform and another 12' x 12' boatlift would be installed along the northern side. Both lifts would be located just inshore of the platform and it appears they would be accessible from the access pier. Along the northern side of the northern most boatlift, the applicant proposes to install an %- shaped" floating dock that would consist of an 8' x 10' section of dock connected to a 4' x 22' section of dock. It appears the intent of this design is to allow for a larger landing area at the base of the gangway. In this location (area around the base of the gangway or ramp), the applicant would have access to the full 32' section of floating dock running perpendicular to the shoreline. Based on the design, the applicant would have the ability to dock up to three vessels at the docking facility. The proposed project would encroach within the 15-foot riparian corridor setback of both adjacent riparian property owners; however, the applicant has obtained "initialed" waivers from both allowing the encroachment. 10, ANTICIPATED IMPACTS: The proposed structure would shade approximately 144 sq, ft. of Coastal Wetlands and would incorporate approximately 600 sq. ft. of Estuarine Waters and Pubic Trust Area. The new docking facility would remain consistent with similar pier length requirements (established pier -head line) and would be located outside of the federal channel setback Minor increases in turbidity should be expected during construction. Submitted by: Jason Dail Date: April 14, 2020 Office: Wilmington RECEIVED APR 2 4 2020 DCM-MHD CITY Debbie Wilson Consulting debbiew75@charter.net (910) 612-0402 April 6, 2020 Narrative As acting agent for James Trice who owns 620 Nixon Ave., Topsail Beach in Pender County, I am submitting the enclosed CAMA Major Permit Application for a private docking facility adjacent to Banks Channel. Mr. Trice would like to remove the existing dilapidated structure (which appears to have been constructed prior to 1993) and construct a new pier (6' x 96'), a fixed platform (12' x 12'), floating dock (4' x 22' with an 8' x 10' landing platform) and 2 boatlifts (12' x 12' each) for a total of 3 proposed slips. The structures will encroach both of the adjacent 15' riparian corridor setbacks for which waivers have been obtained and are enclosed. Existing water depths range from approx. -2' to -4' @ NLW. The proposed structures will not exceed the '/, width (211') of the waterbody which measures approx. 845' wide in this location, will not encroach into the Federal Channel Setback and will not exceed the adjacent pier head line. Please feel free to contact me if you need any additional information or have any questions. RECEIVED DCM WILMINGTON, NC APR 0 S 2020 RECEIVED APR 2 4 2020 gent MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name Project Name (if applicable) JRT Topsail Ventures, LLC Applicant 1: First Name James MI N Last Name Trice Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(a) with names listed. Mailing Address PO Box 94 City Wilkesboro State NC ZIP 28697 Country USA Phone No. 336-957-0752 ext. FAX No. - Street Address (if dllerent from above) City Stets ZIP Email JTRICEI@charter.net 2. AgenVContractor lnformadon Business Name Agentl Contractor 1: First Name Debbie MI D Last Name Wilson Agent/ Contactor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilmington State NC ZIP 28408 Phone No. 1 910-612-D402 ext Phone No. 2 ext. FAX No. Contractor • Street Address (if different from above) 4828 Carolina Beach Rd City Wilmington State NC ZIP 28412- Email debbiew75@charter.net R�'✓,rrl` ,.-c, J <Form continues on back> DGM WILMINC.- -;;1. NC APR 0 S 2620 RECEIVED 252-808.2808 .. ?.aa6-4rtc OAS .. www.:;cca�. �:Selmanagem®nt. nAerR 2 4 2020 M-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. t Pander 820 Nixon Ave. Subdivision Name City State zip Nixon Beach Topsail Beach NC 28445 - Phone No. Lot No.(s) (if many, attach additional page with list) 803 - 741 -8133 ext. a. In which NO river basin is the project located? b. Name of body of water nearest to proposed project White Oak Banks Channel 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 AIWW e. Is proposed work within city limits or planning jurisdiction? f. N applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Topsail Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.H.) 54 ft. 8589 sq. ft. c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) 2-6 ft. ®NHW or ❑NWL s. Vegetation on tract Over grown vacant lot with Oaks, Wax Myrtle, various under brush. I. Man-made features and uses now on tract Somewhat delapidated pier, platform and 4 pilings for a boatlift. g. Identity and describe the existing land uses ad soon to the proposed project site. Residential h. How does local govemment zone the tract? i. Is the proposed project consistent with the applicable zoning? R-2 (Attach zonina compliance certficate, H applicable) zoning ®Yes ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional 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 d involve a ❑Yes ®No ❑NA National Register listed or eligible property? - ON" NC <Form continues on next page> APR 0 S 20L0 RAC=!�jpD nt.':; f APR 2 4 2020 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are there wetlands on the site? ®Yes [)NO (III Are there coastal wetlands on the site? ®Yes []No (III) If yes to either (i) or (ii) above, has a delineation been conducted? Dyes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. None o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private pier,platform, floating dock and boatlifts c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction with barge mounted pile driver. d. List all development activities you propose. Pier, fixed platform, floating dock, finger pier and 2 boatlifts. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or ❑Ades g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use of7 h. Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA J. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. DCM WILMiNt: i !V(' <Form continues on back> APR 0 8 2620 RECEIVED 252-808-2808 :: 1.8ed-4RCOAS i :: w•w w.nc coastalma nagement. net APR 2 4 2020 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (0 ere always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plot (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Nome Town of Topeaa Beacht Phone No. 910328-5841 Address 820 S. Anderson Blvd., Topsail Beat, NC 28445 Name John Newton Phone No. Address 901 Coharie Drive, Clinton, NC 281328 Name Bryant Crumpler Phone No. Address P.O. Box 1113, Wallace, NC 28466 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, penNttee, and Issuing dates. None found h. Signed consultant or agent authorization form, if applicable. i. Welland 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 Polity Act. 1 7. Certfflcation and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development descnheo in the appucauun. 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 3/1/20 Print Name Debbie Wilson (Agent) Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCMMP-4Structures Information 4r'R o RECEIVED APR 2 4 2020 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ❑Commercial ❑PublldGovernment ®Private/Community El This section not applicable b. (i) Will the facility be, open to the general public? ❑Yes ONO c. (i) Docks) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No (III Number 1 If yes: (iii) Length W (II) Number (iv) Width 6' (Ili) Length (v) Floating ❑Yes ONO (iv) Width _ (v) Floating ❑Yes ONO e. (i) Are Platforms included? ®Yes ONO f. (i) Are Boatlift included? ®Yes ❑No If yes: If yes: (if) Number 2 (if) Number 2 (hi) Length 12' & 8' (iii) Length 12' (iv) Width 12' & IV (iv) Wdth 12' (v) Floating ®Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (I) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, including travel lift and/or rail, repair or (if) Number of slips existing maintenance service Q ❑ 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: i. Check the proposed type of siting: j. Describe the typical boats to be served (ii , open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel Runabout ®Open water, no dredging required ❑Other; please describe: k. Typical boat length: 19 24' I. (i) Will the facility be open to the general public? ❑Yes ®NO m. (i) Wit the facility have tie pilings? -- v [w I-. E ID ❑Yea ONO DCivl WILMINGTON, NC (if) If yes number of tie pilings? APR TM69VED 252.808-2808 :: 1-888-iRCOAST :: www.ncc005tafmanawement.net rt041;6 6 DCM-MWD CITY Form DCM MP-4 (Structures, Pape 2 of a) 2. DOCKING FACIUTY/MARINA OPERATIONS ®This section not applicable i a. Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons, Number. _; Location: ❑ Showers ❑ Boatholding tank pumpoul; 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. (it) 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 gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 1/ L m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ONO RECEIVED AP ev� 4 !2fi26'ros 5 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the mannaldocking 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 OWL ❑None p. Is the proposed manna/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. 3.-BOATHOUSE (including covered lift) - (This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑Public/Government ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Rooled areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheatpile, etc. if a rock groin, use MP-2, Excavation and Fill.) [47his section not applicable a. (i) Number (f) Length (iii) Width 5. BREAKWATER (e.g, wood, sheetpile, etc.) ®This section not applicable a. Length _ b. Average distance from NHW, NAIL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s). b. Number _ ❑Commercial ❑Public9Government ❑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 d. Description of buoy (color, inscription, size, anchor, etc.) AFR o 14 EIVED 252-808.2808 :; 1-8884RCOAST ;: v w.necoastalmagagement.npt revise ! I06 DCM-MHD ciry -- — Form OCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure($) to adjacent docking facilities. 8' to the East & 5' to the West 24' to the East & 51' to the West Note.• For buoy or mooing piling, use arc of swing including length of vessel. C. Width of water body W e. (i) Will navigational aids be required as a result of the project? []Yes ZN0 ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -4'ft NILW 18. OTHER ❑rnis sec ion rW appficable a. Give complete description: The revised proposed docking facility includes a 6' wide by 96' long pier with a 12' x 12' platform at the terminal end. Two boatlifts each measuring 12' x 12' will be located on each side of the pier just landward of the platform. A ramp will be located just landward of the boatlift on the east side and will lead onto an 6' x10' floating platform which will be connected to a 4' x 22' floating dock.As proposed, the boatlift on the west side will encroach 10' into the 15' setback and the floating dock on the east side will encroach 7' into the 15' setback. s_ Date JRT Topsail Ventures, LLC Project Name Debbie Wilson Applicant Name, '0-4 i 2 Applicant Signature RECEIVED APR 2 4 2020 •;:,•4JOf4-'LBCS .o. 4t (:OAS'.' r: w� v acco;+: t nv. ,n«+,err ft.nF l_ _ _ ,. ROY COOPER MICHAEL S. REGAN S"' Wion BRAXTON DAVIS lon, ,,, lhcuuxi of l wwl Afmwgemenr April 22, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • James Trice / Pender County Hello Angie: Please publish the attached Notice in the Saturday, April 25, 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 larimy 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. cc: MHC file WIRO USACE :ly, K. ietila Support & Customer Assistance Stan of North Caroline I Eawomnental Quality Coastal Marmutemenl RECEIVED 127 Cardwl Drive Ext, Wilmingtn o, NC 29406 9197967215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On April 14, 2020, James Trice proposed to demolish an existing docking facility & install a new private three (3) slip facility at 620 Nixon Ave-, adj. to Banks Channel, in Topsail Beach, Pender County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910- 796- 7221) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 16, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED APR 2 4 2020 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Debbie Wilson 4828 Carolina Beach Road Wilmington, NC 28412 Dear Ms. Wilson: NORTH CAROLINA Fnvlrurunmtui Quality April 14, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the applicant - James Trice, requesting authorization under the Rules of the N.C. Coastal Resources Commission for development activities 620 Nixon Avenue, adjacent to Banks Channel and Topsail Sound, in Topsail Beach, Pender County. It was received as complete on April 8, 2020, and appears to be adequate for processing at this time. The projected deadline for making a decision on your permit application is June 22, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 8, 2020, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right- of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Since%j Jason Dail Field Representative cc: Property owner: James Trice, PO Box 94, Wilkesboro, NC 28697 WiRO - file Liz Hair, USACE Robb Mairs, DWR D_EQ RECEIVED North Carolina Department of Environmental Quality Dlvistonof Coastal Management APR 2 4 2020 Wilmington Office 127 Cardinal Drive Ex msion I Wilm nii1m North Carolina 28405 glo.796.721S DCM-MHD CITY v 0 v N0T1(0'$1?j CAMA PERMIT APPLIED FOR PROJECT:Applicant proposes to demolish an m 0 mCOMMENTS ACCEPTED THROUGH May 16, 2020- APPLICANT: James Trice Agent: Debbie Wilson (910) 612-0402 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1 127 Cawdinao Do. Ext. woomm9tun e AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: TAT To P 5 R 1 L V%N T JK G 5 L L Mailing Address: 72 PD 13DX hli'I,MF,SAyRv 14C 2-8697 Phone Number: 336-`j.S 7-07552- Email Address: T M t C ii*f, 776g , x/E 7- 1 oertify that I have authorized DF&F re-7 W 1 CSon) agent/Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development:. at my property located at 6 ZV Af l ?(0AJ 7 b PSRt L 13 IC11 NL in PC N POA County. . 1 furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the. Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: TR r TvP5,41c-✓l,nl (U44;S L �i 61 Signature JAM62-5 N TRi (_; Print or Type Na e Y'14/J4,67[ Nei rKF.Mi31,1C 77de CZ-110 12o7-4) Date This certification is valid through RECEIVED DCM WILMINGT,)N, NC z� z APR tl S 2020 RECEIVED APR 2 4 2020 CM-MHD CITY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse SO that we can return the card to you. ■ Attach this card to the back of the mailpiece, A. Signawre � -�'( r X /� "JL ' jt) ❑ Agent ❑ Adare, B. Pisceived by (PAnted Name) Wfte 02 li or on the front if space permits. L" 1. Article Addressed to: D. Is delivery address dM�nn itogtNegt 1 17 Y / j-c�,w lyt:olol'y If YES, enter del very 1/bbf�irl p No n` 11NGTON, NO 96) Af, APR 0 s 2020 �Cldfor�, /Y� Z831� a. seMce type II1111111 IIII IIII III 111111,111, IIIIIIIIII III IIII IIII I III ❑ Aous signeNre ❑ Regstered Mmn• R ❑ Ad ull Signature Restricted Delivery ❑ Real Bred Mangy ktetl 9590 9402 4674 8323 5973 18 ❑ CeNfied Mall Restricted DeNmy ❑ R twu Reoelpt for ❑ Collect on Delivery Merchandise 2. Article Number (Dansfer from sorvlce labep C Collect on Delivery Reatneted Delivery ❑ Signature ConfirmetlonTM — Mail ❑ Signature Confirmation 7 018 3090 0001 8769 7958 MD' II Restricted Delivery Restricted Delivery Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 01(4i L Rose %oc�a /979,4,,,l 70t.,+4 0� f0�s4kc QP�b �20 S. F%dQirc.� BLv6r 6ps ALl36964,Vc 2SyyS A. S.ynal�,u X 5 oUaF Dent ❑ Addressee Name) . C. Date I s`l .Zely r�y� 1nted C) Y 3.. delivery address dixerem from kem 17 ❑ Yes If YES, Greer daNvery addross below: ❑ No vuTON, NO APR 0 8 2020 IIIIIIIIII�IIIIIIIIIIIIIII�III�IIIIIIIIIIIIIII 13 AdulServt Sigce Typenal ❑RegiiryMall Exprowill) redMatlym ❑ Adult Signature ❑ Registered Mail ElAdult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9402 4674 8323 5951 30 ❑ Carfified Mal® Delivery ❑ Certified Mail Real Deli ❑ Rat R ' f 2. Article Number (rransfer from service label) 7018 3090 0001 8769 Ps Form 3811, JUIy 201 5 -Ps,, 753e-02-000.9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card ti you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to lg�yAa�- 0, Now !/1-3 Ult�Ct�cE; N� zrW III IIIIII IIII III IIII II IIIIIIIII IIIII IIIIIII III 9590 9402 4674 43" 595123 sn ervery urn Re all or ❑Collector Delivery Mareharciss C C011act on DellVaY Restn&ed Delivery ❑ Signature Confirrnal '^•..� 1,rQ ❑ Signature Confirmation 7972 n Restricted Di lvery Restricted Delivery Domestic Return Receipt A. 6ignatge X �� v El Agent it RECEIVED (� oe B. Recely by (PAtlted Na e) C Date of Delivery �� ii�,cN -jcih APR 2 4 2020 D. is cle Ivory address Werant from Item 17 13 Yea It YES enter delivery address below: ❑No DCM-MHD CITy AIR 0 8 2020 3. Semite Type ❑ PriorRy, Mail Express® ❑ Adult Sgnawre ❑ Registered Mall'-❑ h R Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mell'9 Delivery A9e01%MWnq; w9el9 pNWryR1911,191 ❑ Collect on Delivery Uercirandise ❑S t C fl 'TM 2. Article Number (Transfer from service label I ❑ Collect on Delivery Restricted Delivery 'gna ere on rme or, fail C Signature Confirmation 7018 309D 0001 8769 7729 ,all Real Delivery Restricted Delivery .... .__ �o� a IuF� M11C COLT >GenMJVML{M15n Domestic Return Receipt CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner:: /2' C e- Address of Property: 62 D %v. XG J fige. ! oe SA (Lot or/Street #. Street or ikoad, tity & County) Agent's Name#:-peol4ie�t/iiS� M'aili/ngAddress: �iBZ>�- (fAr£(�;✓/l�q.rC[�. Agentsphone#: 19/0� 612-OyoZ LA,y, /cN. /L L zFY/L 1 hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions must be provided with this letter- - _ I have no objections to this proposal. _ _ I have objections to this proposal, If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at orbyealling 1.888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information S?-t./� PN L Sig'natwe �yrnes %R I C e Print or Type Name P 0, Ecx 9(r Mailing Address 1�/L11es�cao N( 2860 City/State&ip ' Telephone Number/EmadAddress ,31 z1z,1 Date (Riparian Property Owner Information) S7g7t4 ure Print dr Type Name pD. i/l3 Mailing Address G,GII .7 k 460 G QWstateQlp ` o -"JB 91 - rJ// Telephone Number/Email Address -1// Dote ..✓ E: D cridw algi W10FON, NC RECEIVE@PR 0 8 2020 APR 2 4 2020 DCM-MMD G CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: JADE 5- Address of Property: (Lot or Street #, Street or Road, City & County) Agent's Name #: y'13iL ay, ry", Mailing Address: [YF2 &' ro oLi ✓ 0 !Y q. /�rJ Agent's phone #:/�9.)(�12-Ot/01 J[ltTO4. A/( �85/ij I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A_ description or drawing, with dimensions, must be previded with this letter. �I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you mustnotify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at httP:Ilwww nccoasfalmanaoement noVweb/crwstaff-listino orby calling 1-888-4RCOAS7. No response is considered the same as no objection if you have been notified by Certified Mail WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me- (If you wish to waive the setback, you must inttlai the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) 1 ,Signature P L-'Bsil L✓lLt o Z. Jr4,0, Print or Type Name P. o, 9"1 u 9Y Mailing Addrelss 1AlIZ kae-l46,ee A) C Z 6G 7 City/State zip ' ' &74) 9s-7-07S]L elep one Number/Email Address te z n�7= wrier Signature Print or Type Name City/Slate2ip r -- 9/1p Telephone Number/Email Address 4Z, Z07.J Dare (RevleTtf;A4-1M31 r I D DC(ti VVIUMINGTON, NC RECEIVEDAPR 0 8 2020 APR 2 4 2020 - - DCM--WD-cny -- - ��� � sva a, (vw� -- ryO;M f. ti • v PerMUda Island Topsai LOCATION / Moll Island •1 • _ hi .. fir'. +•!F A _ r o 4.7 Ai r-+� Ya rl City 3 tom• - •` loop Point ' Y'A " > x Situ ir�•.• - t 620 Nixon Ave ' f opsail Beach N oat y, NGA, G®CA .. kre tric5 3 mi REcelveo APR 2 4 2020 DcM_MHD ciry CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: James Trice Address of Property: 620 Nixon Ave., Topsail Beach, Pender County (Lot or Street #, Street or Road, City & County) Agent's Name #: Debbie Wilson Mailing Address: P. O. Box 16275 Agent's phone #: (910) 612-0402 Wilmington, NC 28408 I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, must be provided with this letter. JTN I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmanagement.net/weblcmlstaff-listinq orby calling 1-8884RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED JTN I do wish to waive the 15' setback requirement. JUN 212 1020 I do not wish to waive the 15' setback requirement. MP SECTION DCM - MHD CITY (Property Owner Information) S-2t (Agent) Signature James Trice Print or Type Name P. O. Box 94 Mailing Address Wilkesboro, NC 28697 CitylStatelZip (336) 957-0752 Telephone Numberl Email Address 6/22/20 7zw Owner Information) ignalure John Thomas Newton Print or Type Name 901 Coharie Drive Mailing Address Clinton, NC 28328 CitylStatelZip 910-990-5924 Telephone Numberl Email Address 6/22/20 Date Date (Revised Aug. 2014) r BK 4695 PG This Document Fee: $26.00 909 - 910 (2) eRecorded: DocType: DEED DOC# 20054949 10/11 /2019 11:26:15 AM Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds NORTH CAROLINA GENERAL WARRANTY DEED Tax: $1,000.00 RECEIVED APR 4 OCM-MHD CITY Excise Tax: $ 1,000.00 Parcel Identifier No. 4223-14-0659-0000 Verified by County on the _ day of . 20_ Mail/Box to: Rizzo & Blackburn, PLLC, 115 Triton Lane, Surf City, NC 28445 This instrument was prepared by: Rizzo & Blackburn. PLLC. 115 Triton Lane. Surf City, NC 28445 Brief description for the Index: LOT 8, Nixon Beach THIS DEED made this rday of 0167E✓ , 201°l, by and between GRANTOR GRANTEE Wy-&Topsal LLC JRT Topsail Ventures. LLC 241 Ridgectest Dr. PO Box 94 Danville, VA 24540 Wilksboro,NC 28697 Enter inappropriate block for each Grantor and Grantee: nacre. trailing address, and. if appropriate. character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular. plural, masculine, feminine or neuter as required by context. WITNESSEI'H, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Topsail Beach I Topsail Township, Pender County. North Carolina and more particularly described as follows: All of LotNumber 8, of Section 2 oftheNixon Beach Subdivision, as shown on a map recorded in Map Book 12_ Page 18, of the Pender County Regisry, reference to which is hereby made for a more complete and accurate description. The property hereinabove described was acquired by Grantor by instrument recorded in Book 4624 page 8Z , - ; f7 n All or a portion of the property herein conveyed _ includes or -C does not include the primary residence �+ - " A map showing the above described property is recorded in Plat Book 12 page 18 �" �.�1 ��� SIC Page l of APR 0 8 iu J NC Bar Association Fan No. 3 0 1976. Revised 0 1977.2t1D2. 2013 This standard form has been approved by Printed by Agreement with the NC Bar Associadoa —1981 North Carolim Bar Association — NC Bar Form No. 3 Submitted electronically by "Rizzo & Blackburn, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender county Register of Deeds. BK 4695 PG 910 DOC# 20054949 ' TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee. that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple. that title is marketable and free and clear of all encumbrances. and that Grantor will warrant and defend the tide against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Wyatt Topsail LLC (Endt�' Name) By: O' Z .fi PrinEIType Name & Tide: Frances P. Wyatt Member PrinuType Name & PrinvType Name & (SEAL) Print/Type Name: (SEAL) Print/Type Name: Print/Type (SEAL) Print/Type Name: State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of , 20_ My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of L the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of .20_ My Commission Expires: (Affix Seal) Notary's Printed or Typed Name Public State of Virginia - County ap"w of I{STIV Qhi 0./ I, the undersigned Notary Public of the County or Cityof Staff of Viroinia and State aforesaid. certify that Frances P. Wyatt personally came before me this day and acknowledged that The is the Member of WyattToosail LLC a North Carolina or corportmon/limited liability company/general parmership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, ale signed the foregoin$ instrument in its name on its behalf as its act and deed. Witness my hand and Notarial st.WpaasP.�,L [his ,� day of Q C{ d btf . 20�. My Commission Expires: na INU_ , .. N0 (Affix Seal) ~ i PUL _ REG # 158604 - Z 'y COMMISSION i . EXPIRES ITH OFle nnu•• NC Bar Association Form No. 3 O 1976. Remised C 1977. 20O2. Printed by Ageernent with the NC Bw Associalioo —1991 .rig 11txi Notary Public Notary's Printed or Typed Name APR o s 2-2.0 This standard ed by: North Carolina Bar AsNo. 3 APR 2 4 2020 DCM-MHD CITb. i BK 4695 PG 911 - 913 (3) DOC# 20054950 This Document eRecorded: 10/11/2019 11:26:16 AM Fee: $26.00 DocType: DEED Tax: $450.00 Pender County, North Carolina Sharon Lear Willoughby, Register of Deeds NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 450.00 Parcel Identifier No. 4223-14-1565-0000 Verified by County on the _ day of 20_ Mail/Box to: Rizzo & Blackburn. PLLC. 115 Triton Lane, Surf City, NC 28445 This instrument was prepared by: Rizzo & Blackburn. PLLC. 115 Triton Lane. Surf CiN. NC 28445 Brief description for the Index: LOT 6 and PT5, Nixon Beach THIS DEED made this day of 0Crtl)bC1Y , 20jft by and between Wyatt Topsail, LLC 241 RidgectestDrive Danville, VA 24540 GRANTOR I GRANTEE James N. Trice and wife. Patricia B. Trice PO Box 94 WiWboro,NC 28697 Enter in appropriate block for each Grantor and Grantee: name. mailing address, and, if appropriate. character of entity, e.g corporation or partnership. The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and shall include singular. plural, masculine. feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged. has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Toosail I Topsail Township, Pender County, North Carolina and more particularly described as follows: IR F_. C E I V E i1 See Exhibit "A" attached herein DCM V!:! ' "NGTON, NC APR 0 8 2020 The property hereinabove described was acquired by Grantor by instrument recorded in Book 4624 page 2887 All or a. portion of the property herein conveyed _ includes or -2L does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 12 page 18 Page 1 of 2 NC Bar Association Form No. 3 01976, Revised 0 1977. 2002. 2013 This standard form has b= approved by: Printed by Agreement with the NC Bar Association —1981 North Carolina j}�dffNipp•ayC Bar Form No. ? submitted electronically by "Rizzo & Blackburn, PLLC" Kt ��VCIJ in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Pender county Register 4fPM.2020 1 BK4695 PG 912 DOC# 20054950 EXHIBIT A Located in the Town of Topsail Beach, Pender County, North Carolina, adjacent to and Northeast of the Northeastern line of Nixon Drive and being more fully described as follows, to wit: BEGINNING to an iron pipe in the Eastern right-of-way line of Nixon Drive, said iron pipe being located along said line at a point that is North 27 degrees 55 minutes West 200.00 feet from an old concrete monument located in the intersection of the Northern right-of-way line of N.C. Highway #50 with the Eastern right-of-way line of Nixon Drive as shown on a map of Section 2-Nixon Beach with said map being duly recorded in Map Book 12, Page 18 of the Pender County Registry; and running thence, from the Beginning, so located, with the Eastern right-of-way line of Nixon Drive North 27 degrees 55 minutes West 75.00 feet to a concrete monument inline; thence North 54 degrees 21 minutes East 100.92 feet to an iron pipe inline; thence South 27 degrees 55 minutes East 75.00 feet to an iron pipe inline, thence South 54 degrees 21 minutes West 100.92 feet to the Beginning, containing 75,000 square feet more or less and being a portion of Lot #5 and all of Lot 6, Section 2-Nixon Beach as shown on a map of same duly recorded in Map Book 12, Page 18 of the Pender County Registry. RECEIVED APR 2 4 2020 DCM-MHD CITY Wyatt to Trice APR ® c, 2iU'd K BK 4695 PG 913 DOC# 20054950 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will wan ant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. Wyatt Topsail, LLC (SEAL) i/ (Entity e) i Print/Type Name: By: (SEAL) Printrrype Name & Title: Frances P. Wyatt Manager Print/Type Name: By: Priturrype Name & Title: By: Friat/Type Name & Title: (SEAL) PnnVrype Name: Pnnt/Type State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and :Notarial stamp or seal this _ day of 20_. My Commission Expires: Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before the this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of . 20 My Commission Expires: (Affix Seal) State of of Notary Public Notary's Printed or Typed Name I, the undersigned Notary Public of the County or City of rate of Virgin w and State aforesaid, certify that Frances P. Wyatt personally came before me this day and acknowledged that The is the Manawr of Wvau Topsail LLC —a North Carolina or corporation/limited liability company/general partttershiptimited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, she signed the far ping iosttttltleat in its name on its behalf as its act and deed. Witness my hand and Notarial sta%R;peal, this 3 day of ''ty.'�JIl.. , 20�. �SN C. My Commission Expires: d Q,j3Qj�n 26VO (Affix Seal) ~ �R Up' p •' 8 Xpr FS R NC Bu Association Form No. 3 O 1976. RevisW O 1977. 2002. 20 q � Printed by Agreement with the NC Ba<Association —1981 •ras... OF HFND r. dR A a t1wNcitary Public C1FpNi otary's Printed it Typed NaR 604 i DCM WILMiwl- ti!C APR 0 S 200 This standard form has been approved by: pPR 2 4 2U' Carohn Bar Association —NC Bar Foray No.3 r,^q�A.MHD CITY TYPICAL PIER X—SECTION NOT TO SCAfE I 2'X 6' CM 2'X 4 % 4' RauNc rosr 2'% 6' DECKING 2'x 6' "MM 6'X 6" RUNG 2'X 4' TYPICAL PER EEL ATION James Trice 620 Nixon Ave. Topsail Beach Pender County Drawn by: Debbie Wilson 3/18/20 Sheet 4 of 4 RECEIVED ON 0 8..2020 MP SECTION DCM - MHD CITY 6/3/2020 North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form Limited Liability Company Legal Name JRT Topsail Ventures LLC Information SOsid: 1893656 Status: Current -Active Date Formed: 9/18/2019 Citizenship: Domestic Annual Report Due Date: April 15th Currentgnnual Report Status: Registered Agent: Trice, James N. Addresses Principal Office 1510 Laurel Road Wilkesboro, NC 28697 Reg Mailing PO Box 94 Wilkesboro, NC 28697 Company Officials Reg Office 1510 Laurel Road Wilkesboro, NC 28697 Mailing PO Box 94 Wilkesboro, NC 28697 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member Member Managing Member Music Row, LLC John Thomas Newton James Nichols Trice 119 5th Ave, 3rd floor 901 Coharie Dr. 1510 Laurel Rd. New York NY 10003 Clinton NC 28328 Wilkesboro NC 28697 https://w .sosnc.gov/online_services/search/Business_Registration_Results try ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director June 22, 2020 Dear Mr. Trice, This letter is in reference to the application submitted for Pender County, for a Coastal Area Management Act Major Permit to undertake development activities to expand an existing private docking facility adjacent to Banks Channel, in Topsail Beach. 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 September 5, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 211) or e-mail (Curt.Weychert@ncdenr.gov). Cc: DCM Wilmington Debbie Wilson Sincerely, Curtis Weychert Assistant Major Permit Coordinator RECEIVED JUN 2 21010 DQ IMP SECT MH1° TITV North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 252.808.2808 845' A Width of Waterbody f v n y 70 n X Width of Waterbody _ v m n N o v 9 M N m NLW— OWater Depths fWatIve to NLW tv7' James Trice 620 Nixon Ave. Topsail Beach Pander County Drawn by: Debbie Wilson scale r=2a Sheet Z f 3/18/20 Douglas Austin pt° James Trke John Newton 619 Nbwn Ave 620 N con Ave 608 N Anderson Blvd O m 0 _ m v m 0 � v gas' Width lWaterbody I 16 Width of Waterbody banks C annel PA a pi's G.P ri 51'to Adjacent NLW - QWater Depths Relative to NLW O Slip Numbers fV ,v7` James Trice 620 Nixon Ave. Topsail Beach Pender County Drawn by: Debbie Wilson Scale P=20' NLW Douglas Austin qF James Trice 0 619 Nixon Ave �$° 620 Nixon Ave John Newton 508 N Anderson Blvd TYPICAL PIER X—SECTION G POST ICI UaO OCL:LIUII IV I O RECEIVED APR 2 4 2020 TYPICAL PIER ELEVATION nor to snur< James Trice 620 Nixon Ave. Topsail Beach Pender County Drawn by: Debbie Wilson Sheet 4 of 4 DCM-MHD CITY