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Home My WebLink About81-20 Wilmington Waterfront Property Owner LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 81-20 Issued to Wilmington Waterfront Proverty Owner, LLC, 8255 Greensboro Drive, Suite 200. Mclean, VA 22102 Authorizing development in New Hanover County, ado. to Northeast Cane Fear River, at 19 Harnett St. in Wilmington as requested in the permittee's application dated 3/2/20. including attached workplan drawings (5), dated 3/31 /20. This permit, issued on July 29, 2020 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to Iines, imprisonment or civil action; or may cause the permit to be null and void. Existing Rip Rai) Removal 1) In order to reduce the potential for negative effects on the spawning migration of anadromous fish, no excavation or filling shall be permitted between February 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (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 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. In issuing this permit, the State of North Carolina agrees that 4$l�ncrhlre block Attache d your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee [Signature Page] WILMINGTON WATERFRONT PROPERTY OWNER, LLC, a Delaware limited liability company By: Wilmington Waterfront Op Co., LLC, its manager By: Wilmington Waterfront Member LLC, its manager By: Kettler Wilmington Waterfront I, LLC, its manager By: Kettler Asset Management LLC, its manager By: Kettler Inc., its manager By:. 4eL�. Title: EAeM-'1Ve VICC preSidelli Wilmington Waterfront Property Owner, LLC Permit No. 81-20 Page 2 of 4 ADDITIONAL CONDITIONS Spoil Disposal 4) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 5) The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken place with the local or state governments to ensure that any damage to public streets caused by transport of the spoil material has been addressed. 6) No spoil material shall be placed within 30 feet of the normal high water line. 7) In accordance with commitments made by the applicant, all excavated materials will be hauled off to an accredited site. 8) In order to ensure proper containment of the spoil material, and to prevent unnecessary contamination of private'property and state -maintained roadways during transport of the spoil material, the permittee shall establish a "wash down" facility for all vehicles used to transport the spoil material to the disposal site. The transport vehicles shall be "washed down" of all excess material prior to leaving the site. Bulkhead 9) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. 10) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 11) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 12) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 13) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 14) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. 15) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 16) The bulkhead shall be constructed prior to any backfilling activities Wilmington Waterfront Property Owner, LLC Permit No. 81-20 Page 3 of 4 ADDITIONAL CONDITIONS 17) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. Sedimentation and Erosion Control 18) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, Cardinal Drive Extension, Wilmington, NC 28405. 19) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 20) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Stormwater Manaeement 21) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a post -construction Stormwater Management permit. The permittee shall provide a copy of any stormwater authorizations to DCM upon receipt. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. Upland Development 22) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the seven story multi -use building with associated landscaping and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. USACE / FEDERAL CONDITIONS 23) 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.gov/nc-es/mammal/manatee guidelines.pdf. General 24) 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. 25) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 26) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. F I Wilmington Waterfront Property Owner, LLC Permit No. 81-20 Page 4 of 4 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 permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (910) 796-7215. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2000- 0319V3. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2012-00965). NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Wilmington Waterfront Property owner, LLC clo Graham Tyrrell COUNTY: New Hanover PROJECT NAME: Kettler Wilmington Riverfrom LOCATION OF PROJECT: 19 Harnett St, Adj to NE Cape Fear River, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-2-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: MacPherson DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Bo arWQJC V-V PUBLIC NOTICE REC'D: 4-24-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 6-16-20 MAU, OUT DATE: 4-23-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DISTRICT OFFICE: WELK NGTON FEE REC'D: $400 (60140)038 RECEIVED APR 2 2 2020 END OF NOTICE DATE: 5-15-20DCM-MH) CITY DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 5-15-20 OBJECTIONS: YES NO NOTES AGENCY DATE COMMENTS RETURNED DCM - Field Rep N'%Z ' tSTiAJi DCM - LUP Consistency Determination-2 Local Permit Officer - 10T 4 - 3o'Zo Corps of Engineers - Regulatory Branch �� 201Z^ wiG-J DWR-401 Section %p 100- 031Q �3 DWR- Public Water Supply �Z$-�� IUVOWtnt4 M1S ltVbf DEMLR-Stormwater NPao & DEMLR - Sed and Erosion NEB /IW-"kt- DOA - State Property Office Wildlife Resources Commission DMF-Shellfish Section ff2-Z DMF - Habitat & Enhancement DNCR - Archives & History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce DCM Coordinator: � ✓� County: Permit WIRO E-MAIL DISTRIBUTION SHEET Circle an Bio Repo /Permit for: Wt1mt�l�oll uyA�} 1 ��J t/� Oversize Pla te CIO' T V► V 1 DCM Offices: `J\ Mofyhead City: PT (if oversize) via Courier / c 8 Aman group email wl bio.narr.app.drawings, deed, comment sheet 'MHC document Amanda) _✓ Wilmington: Original hard -copy V; f ONLY USACE & DWR (wim). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: CizH r r Carteret Co): PN, CL, Reports, Split Sheet (until territories are decided) 4 1111��JJJJilmingtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet_ Div of Water Resources: Vobb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: VAnne Deaton (temporary) w/Reports DCM Planner/WIRO: JO//like Christenbury _ Cultural Resources: VRenee Gledhill -Earley Environmental.ReviewOncdenraov_ Natural Heritage Prog. FXdney Butler �Mark DCA-Rural Eco. Dev: Ziegler _ NC DOT: Harris v_'id Wildlife Resources: aana Dunn w/Reports State Property Office: Xxn Walton: DEED ✓Me Moser _ XVanda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: d/my Humphrey (Bio) / Shannon Jenkins (Pt) _ h/aron Gupton, Admin. DEMLR: rC�tine Hall - Stormwater Section ,glain Sams - Land Quality Section Public Water Supply: Xieidi Cox _ City of Wilmington: Kdthryn Thurston _ /fA Y 1(� a r p Enforcement: Field Rep: ` LPO I B,i/" i� V �r p�Co. Agbpt DISTRIBUTED: RECEIVED APR 2 2 Z020 DCM-MHD CITY Updated 3/11/20 CAMA/Shaun majors docsre'Agency List NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Cape Fear River Fee:$400 #38 CDAITS _ MHC�IES�IVEj) Applicant: Wilmington Waterfront Property Owner, LLC c/o Graham Tyrrell Agent/Contractor: SEGI, Inc. / Dana Lutheran Project She County: New Hanover ND CIT Staff: Tara MacPherson District: Wilmington Project Name: Ketifer Wilmington Rivenfront Rover File: River Basin: CM Initial date of application submittal: 03-03-20 Date application "received as complete' in the Field office - SITE DESCRIPTION/PERMIT IN ORMATION ORW: Yes r2o I PHA: Yes UNo Photos Taken: Yes U No Setback Required (riparian): UYes R0 Critical Habitat: Yes No of Sure 15 foot waiver obtained: Yes No Hazard rficetion Returned: ❑Yes PPNO SAV: ❑Yes No Not Sure Shell Bottom: Yes No Not Temporary Impacts: Yes ❑No Sure Sandbags: ❑Yes No Not Sure Did the land use cassfi LUP: ❑YesNo i n come Mibgat'Qn Required (optional): []Yes7LNO from county Moratorium Conditions: EnvironKrl@ntal Assessment Done: Length of Shoreline: ❑Yes qlI o ❑NA �s FT. ❑Yes No ❑NA Shellfish Ara i nation: Project Description: (code) Development Area: (code) Open -or Closed SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) =7 Swamp Waters (SW) High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) El (SS) Glasswort (Selioornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) El (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) Sp ) El (JR) Black needlerush (Juncos (SP) SaWmeadow, grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 C& III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 ; 4144 can't be applied - $400 Minor Modification to a CAMA Major C1 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 - 0 It. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w 1D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 ( il Major Permit Fee Schedule f I Project Name: I//_` Count/y ,K (% // I u n i � 1A L Ivn I,nl�h"Y� ! bL�,1T1r'n� I nte kv Check No & Amount: Lies DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-wmmercial development that does not involve the Filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas' II Public or commercial development that 100% 0% ($0) does not involve the filling or excavation $40C ($400) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A.B, C. or D below applies. III(A). Private, non-commercial development, if General Water QuJ 100% ($250) 0 ', (SO) Car, tion No. 4175 can be appl 111(B). Public or commercial develop if General Water Quality Certificat 100%($400) 0% ($Ol No.4175 can be applied: III(C). If General Water QualityCertification No. 4175 could be ap but DCM staff determined that additional $400 60% (S240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: 111(D). If General Water Quality $400 60°h ($240) 40% ($160) rtification No. 4175 cannot be appIr 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- c ECEIVED APR 2 2 2020 -rW—NAND CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 4/7/2020 Wilmington same Capital One 38 $400.00 major fee,19 Harnett St, Tmac rct. Property Owner Wilmignton NHCo SPLIT 60/40 10880 LLC v in x M n N 0 m 0 0 Wilmington Waterfront Property Owner, LLC (Kettler Wilmington Riverfronq Date: 03-03-20 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New WO Repla ^ Maint ❑ ❑ Y NP) New Work Repla V 1 _ _ New Work Repla Maint ❑ ❑ Y ❑ N New work Lj Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Ll 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. FL 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'vnpact tam im ds act amount)temp im ads) amount Dredge ❑ FIII ❑ Both ❑ Other Gim, Dredge ❑ Pt 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 ❑ APR 2 2 2020 0CM-MHD CITY Recommendations for State Permit — Wilmineton Waterfront Property Owners, LL c/o Graham Tyrrell It is the staffs recommendation that the shoreline stabilization along this site on the riverfront is CONSISTENT with the Rules of 15 NCAC 711.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore Stabilization Measures states "the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from unusual geographic or geologic features". It appears through on -site visits and review of historical aerial photography that the majority of the impacts for these proposed structures along the Wilmington riverfront would be located along a shoreline currently usurped by existing and structures. It is the staffs recommendation that the proposed landscaping and pavers along this section of the riverfiont is CONSISTENT with the Rules of 15 NCAC 7H.0209 (g) Urban Waterfronts. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. DECEIVED APR 2 2 2020 DCM-MHD CITY •�. ROY COOPER ,[ t Gavemor �Q MICHAEL S. REGAN - secretor BRAXTON DAVIS NOR I H CAROLINA Director, Division ojCoaslal Lin•invuuzn:nr' Or.r.':rp Management April 21, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a)NCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c% Graham Tyrrell Project Location: 19 Harnett St, adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/associated landscaping, ad/. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached`* This agency has no comment on the proposed project. _X_ This agency approves of the project only if the recommended changes are incorporated. See: This project will require both erosion and sediment control and post -construction stormwater approvals. The local programs of New Hanover County and City of Wilmington will be the review and approving authorities. This agency objects to the project for reasons described in the attached comments. PRINT NAME Dan Sams AGENCY DEMLR SIGNATURE 6edemca. RECEIVED DATE April 23, 2020 APR 2 S MO MP SECTION� State of North Carolina I Environmental Quality I Coastal Management DCM - MHD CI I i/ 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Gr' ROY COOPER MICHAEL S.'REGAN ;Seertmm BRAXTON DAVIS WC)gT(I GI`ROlJNA !)in'L1npY)iriV xt aJ'C.rn)of. �RPttntFC?)m%(jfrsa(ir,' .1f(nlq,�.•mcllt+ April'21, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) arega.bodnar NCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c% Graham Tyrrell Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Graoa Bo at the address above by May 1$, 20Y0.. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate; in-depth comments with supporting data is requested. REPLY: _X_This agency has no objection to the project as proposed. Subject to compliance with site plan approved by the City of Wilmington Technical Review Committee. 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 Kathryn Thurston !'AGENCY; _City of Wilmington RECEIVED :SIGNATURE hl'R292M 'DATE _4I22120 MP SECTION - ,.... __.. rate o o m ero e vunnmental Quality i Coastal managementDCM - MHD CITY 127 Cardinal Drive F#., Wilmington, NC 28405 919 796 7215 w f ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS .N: fPTb CARCUNA Apn121, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 262-247-3330 (Courier 11-12-09) gregg.bodnar(rDNCDENR.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c/o Graham Tyrrell Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/ associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: `C This agency has no objection to the project as proposed.it See 0ALLW "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 MMA Arawn AGENCY Pl6L( W44V �IVRV RECEIVED SIGNATURE il1Q� Rmv, MP SECTION DATE DCM - MHD CITY State of Noah Carolina I Environmental quality l Coastal Management 127 Cardinal Drive Est.. Wilmington. NC 29405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director To: From: Subject: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality 4/28/20 Curt Weychert, NC Division of Coastal Management Mark Brown, NC Public Water Supply, Wilmington Regional Office CAMA/Dredge & Fill Application Review Wilmington Waterfront Property Owner, LLC 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposal to install a steel bulkhead & construct a new seven story multi -use building w/associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please forward the following comments to the applicant: If applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18CSection .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. Please also be aware of our separation requirements in regards to water/sewer according to 1SA NCAC 18CSection. 0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional questions. RECEIVED "R 2 8 1010 MP SECTION DCM - MHD CITY North Carolina Department of Environmental Quality. Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension i Wilmington. North Carolina 2a4O3mrou�oY.� 910.796.7215 -^• ROY COOPER n MICHAEL S. REGAN Seaetaq BRAXTON DAVIS NORTH CAMLINA Dimclor. Dirlsiat 7Coartol Gin't✓fniPt. l+:f.'1 UBn!ilc Management April21, 2020 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-2473330 (Courier 11-12-09) grreao.bodnar(ZDNCD ENR._q SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c% Graham Tyrrell Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to Install a steel bulkhead & construct a new seven story muftl-use building w/associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and turn this form to Grega Bodnarat the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 'Additional comments may be attached" /' 1 This agency has no comment on the proposed project. lik[ n rl+ 1 t,4 S This agency approves of the project only if the recommended changes/ are incorporated. See attached. This agency objects to the project for reasons described In the attached comments. PRINTNAME LFyalnl er' N(O AGENCY pu) l rdwdltr�� j "N q SIGNATURE DATE I a6 State ofNo+th Cemlina i Fnvuooaeuml QWity l Cmgd Managemeot 177 Cardinal D&e SxL. Wilm1npm4 NC 28405 9197967215 RECEIVED APR 3 0 1010 MP SECTION DCM - MHD CITY / - • ROY COOPER y MICHAEL S. REGAN BRAXTON DAVIS ,11mnr,�aorcn/ April 21, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28657 Fax: 262-247-3330 (Courier 11-12.09) Areaa. bodnar(rDNCDENR.00v SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c% Graham Tyrrell Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grecct Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested, REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments, PRINT NAME r' f Q d k AGENCY NG At pt. of a0pKMe✓C.4, SIGNATURE %� w✓� ti - RECEIVED MAY 0 5 2M DATE r(S i Z 0 MP SECTION DCM - MHD CITY State of North Carolina I Environmental Quality I Coostal Management 127 Cardinal Drive Fat, Wilmington, NC28485 919 796 7215 .mow ROY COOPER - Governor r��s {{��' MICHAEL S. REGAN vv .d 7 Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division rfCoavlal Fnrn onwenml Onalip, Management April 21, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) a re g g. b od n a r(a) N C D E N R. g ov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c/o Graham Tyrrell Project Location: 19 Hamett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `*Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation SIGNATURE for Shannon Jenkins DATE 05/05/2020 State orNotlh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fact,. Wilmington, NC 28405 919 796 7215 RECEIVED MAY 0 6 2020 MP SECTION DCM - MHD CITY �.. • ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS YOtE'h CAROUNA , n,,., .;.,. , .n,. •.,.,,•:.,nr.i April 21, 2020 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 26557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnaraNCDENR.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c% Graham Tyrrell. Project Location: 19 Harnett St, adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/ associated landscaping, adj to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 'Additional comments may be attached" is This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME W&^Olk 94j1 4f-cl AGENCY 6fd-tL, ptA�a�G+ Dt�Sf'tttJ RECEIVED SIGNATURE I.,6-4kdA— 54t.t.�-La�� MAY 14 2020 DATE 5� ! 3- a o o MP SECTION DCM - MHD CITY State or North Carolina Environmental Quality ICo=l Management 127 Catdinal Drive ExL, Wilmington, NC 28405 9197967215 Wevchert, Curtis R From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Sent: Friday, May 15, 2020 1:51 PM To: kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov, Owens, Jennifer L CIV USARMY CESAW (USA); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan coble; Ryan.L.Taylor@uscg.mil; fritz.rohde,, matt creelman; Bodnar, Gregg; Twyla Cheatwood; John; Mairs, Robb L; MacPherson, Tara; Howell, Jonathan; Wojoski, Paul A; Weychert, Curtis R Subject: [External] SAW 2012-00965 Email 1 in 2 Parts Wilmington Waterfront Property Owner, LLC Kettler Wilmington Riverfront Attachments: Part 1 Wilmington Waterfront Property Owner bio.narr.app.pdf, Part 2 Wilmington Waterfront Property Owner bio.narr.app.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NC DCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by June 16, 2020. The proposed project would be located adjacent to the east bank of the Northeast Cape Fear River (NECFR) at 19 Harnett Street in downtown Wilmington, New Hanover County, North Carolina. The applicant proposes to construct a new steel bulkhead 257 linear feet in length (area 257 square feet) along the Ordinary High Water Mark (OHWM) and to remove some of the existing rip -rap (1,250 square feet below the OHWM, 5 feet waterward of the OHWM, 237 cubic yards) and to haul this material off -site to an upland disposal site. No wetlands occur at this site. Impacts include 257 square feet of fill and 1,250 square feet of rip -rap removal in estuarine waters of the NECFR. Please see the attached application request, plans dated March 31, 2020 and a location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters of the NECFR are designated SC by the Division of Water Resources. These waters ARE designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed. RECEIVED ESA: MAY r s Ito t MP SECTION DCM - MHD CITY The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines would be required as a condition of the Corps permit. NHPA 106: The site is located within the Wilmington Historic & Archaeological District. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by June 16, 2020. Drawings will come in a follow-up email Thank you, Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 ROY COOPER �� .�► 5�j� MICHAEL S. REGAN s APR 2C2a BRAXTON DAVIS ��i"t`1•i"Yt r `�� Apd] 21, 2020 ;o- a4-2-3 • a I RECEIVED FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management MAY 2 6 1020 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) MP SECTION greog.bodnar(rDNCDENR.gov DCM - MHD CITY SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c/o Graham Tyrrell Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/ associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached*" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME MtirlG ) , 'i �)unn AGENCY SIGNATURE �VI DATE 5 "Z{o 70?�> Stara of North Cu fina I Emirmmetttal Quality I Cwml Matugammt 127 Cudmal Wye Ext, Wilmmgrm. NC 2W5 9/979672/5 4- M(yi; ut Iuh1 G-S rc W ytt CO 1 — Nu�nA� ( " ,% 211- g l 30 dlv�p�-c-13 —+a �1JA rzs:l�sz4 s �411�� c .elt:,��ot-��,r�1o1111eS� ru�1i6 i � SecQ,r-Ion� MEMORANDUM To: Curt Weychurt From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Express Major Permit Application, Wilmington Waterfront, PO, LLC, Wilmington, New Hanover County Date: May 29, 2020 CONSISTENCY DETERMINATION: This project is consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. The applicant proposes to install a steel bulkhead and construct a new seven story multi- use building with associated landscaping adjacent to a section of the Wilmington downtown Riverwalk, adjacent to the Northeast Cape Fear River in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PT. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is a Primary Nursery Area (no resource). I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation/Urban. In general, Wilmington -New Hanover County allows development in Conservation/Urban classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File RECEIVED MAY 2 9 2020 Mp SECTION DCM - MHD CITY ROY COOPER 3 Governor MICHAEL S. REGAN _mfary BRAXTON DAVIS Direclnq /Nvisinn nfCnasbl Management April 21, 2020 FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(cDNCDEN R.gov SUBJECT. CAMA/Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c/o Graham Tyrrell Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/ associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greoa Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Anne Deaton AGENCY Div Marine Fisheries SIGNATURE L_k-Y- AAJ— r 2,1f Due to potential contamination in the soil reaching PNA and AFSA waters, require an in -water work moratorium from Feb 1 to Sept 30 for rip -rap removal and bulkhead construction. RECEIVED DATE 6/17/2020 lUN 17 1010 State of North Carolina i FoV1r0l11oe11tA Quality � Coastal Management MP SECTION 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DCM -MHD CITY Received: 5/12/2020 ROY COOPER a Gm•enmr ER 20-0986 MICHAEL S. REGAN Secrelary BRAXTON DAVIS NORTH CAROLINA Dia¢mL Oiria'inn gfCnaaal 6milcnme!:ml f?uttlitl Managoman! April21, 2020 Due: 5/20/2020 MEMORANDUM: A FROM: Gregg Bodnar, Assistant Major Permits Coordinator SBA 05/14/2020 NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) NC gregg.bodnar(&.NCDENR.gov S-- KBH 06/03/2020 SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLC c/o Graham Tyrrell Project Location: 19 Harnett St., adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 15, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the -proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office SIGNATURE -""� U RECEIVED DATE 06/04/2020 JUN05.2020 MP SECTION State of North Carolina I Environmental Quality l Coastal Management DCM - MHD CRY 127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215 DocuSign Envelope ID: 8CE3162B-5368-4036-AE41-DOE7BC56OA21 ROY COOPER Governor MICHAEL S. REGAN Secretory S. DANIEL SMITH Director NORTH CAROLINA E ndronermrol QuG0Iy May 22, 2020 DWR # 2000-0319V3 New Hanover County Wilmington Waterfront Property Owner, LLC Attn: Graham Tyrrell 8255 Greensboro Drive, Suite 200 Mclean, VA 22102 Subject: Approval of 401 Water Quality Certification with Additional Conditions Kettler Wilmington Riverfront (19 Harnett St — Wilmington, NC 28401) Dear Mr. Tyrrell: You have our approval, in accordance with the attached conditions and those listed below to perform excavation of only rip -rap related material impacting approximately 0.029 acres of open water area and for the bulkhead installment impacting approximately 0.006 acres of open water area, as described in your CAMA Major Development Permit application, which was received by the Division of Water Resources (Division) on April 22, 2020. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC 4175). This Certification allows you to use the General Permit No. 198000291 when issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, Water Supply Watershed, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. 2. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. D _f Q�� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 Docu! gn Envelope ID: BCE3162B-5368-4036-AE41-DOE7BC5WA21 4. The applicant/permitee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. 5. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211 (12)] 6. The permittee shall report to the Wilmington Regional Office at (910) 796-7215 (after hours and on weekends call 800-858-0368) any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts [15A NCAC 02B .02001. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. Moratoriums You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC Wildlife Resources Commission. In -water work moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. anadromous species and shorebirds), biological monitoring may be required at the request of other state and federal agencies and coordinated with these in -water activities. 8. Please note that the area surrounding the project site is designated as a Primary Nursery Area (PNAs). No impacts to PNAs are authorized by this certification outside the approved impacts specified herein. [15A NCAC 07H .0208(b)] 9. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 10. Certificate of Completion DocuSign Envelope ID: 8CE3162B-53684036-AE41-DOE7BC56OA21 Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return the enclosed certificate of completion form to the NCDENR DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion (the certification of completion is also available at: https:Hedoes de(inc eov/Forms/Certificate-of-Completion). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Robb Mairs in the DWR Wilmington Regional Office at 910.796.7303 or Robb.Mairsna ncdenr.gov. DocAgn Envelope ID: BCE3162B-53684036-AE41-DOE7BC560A21 Sincerely, DDDu5lgned by. E ._11 S_. - /7 64 5/22/2020 E3AeAtaACTDCE34... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Dana Lutheran, Southern Environmental Group, Inc., EC DWR 401 & Buffer Permitting Branch file-LF W iRO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 June 29, 2020 Regulatory Division Action ID No. SAW 2012-00965 Mr. Jonathan Howell North Carolina Department of Environmental Quality RECEIVED North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 IUN 2 9 1010 MP SECTION Dear Mr. Howell: DCM - MHD CITY Reference the application by Wilmington Waterfront Property Owner, LLC to construct a new steel bulkhead 257 linear feet in length (area 257 square feet) along the left descending bank of the Northeast Cape Fear River (NECFR), and to remove some of the existing rip -rap bank stabilization material and to haul this material off -site to an upland disposal site. Impacts will include 257 square feet of fill for the bulkhead and 1,250 square feet of rip -rap removal in estuarine waters of the NECFR. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. Atlantic and Shortnose Sturgeon: In order to protect these anadromous fish, no work will be permitted between the dates of February 1 st and June 30th of any year without the prior approval of the Corps. 3. Pile driving work for construction of the bulkhead must be accomplished by the "vibratory hammer" method. If another method (such as "drop hammer") is required to install these pilings, prior approval from the Army Corps of Engineers (ACOE) must be obtained so that the ACOE can re-evaluate the Endangered Species Act effects determination. 4. Work in wetlands are prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772- 2191. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973. 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. RECEIVED JUN 2 91010 MP SECTION DCM - MHD CITY 13. 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. og v/nc- es/mammal/manatee guidelines.adf. 14. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, by telephone at (910) 251-4707 or by email at Gregory.e.cuffey@usace.army.mil. Sincerely, CU RREY.G REG Digitally signed by CURREY.GREGORY.EU ORY.EUGENE, GENE.1051011950 1051011950 ' Date: 2020.06.29 11:32:44-04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Project Drawings Copy Furnished by email with attachment: Mr. Paul Wojoski Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tara MacPherson Mr. Gregg Bodnar North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin RECEIVED U.S. Fish and Wildlife Service JUN 2 9 HE MP SECTION DCM - MHD CITY Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr.Fritz Rohde Ms.Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUN 2 9 2010 MP SECTION DCM - MHD CITY DCM Coordinator: Permit #: I V y MAILING DISTRIBUTION SHEET Permittee: Agents: DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City oq (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 Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Liz Hair(Carteret, Onslow, Fender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: dieidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Vpm Harding Jimmy Harrison NC DOT: Id -Han is Shellfish Sanitation: / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: SobbMaits-401(Brunswick,New Hano Holley Snider — 401 (Carteret, Onslow, Pender) M[hristme Hall - Stormwater i Toanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: AMoDunn M7011 W (NCDOT) Travis Wilson Natural Heritage Program W�dney Butler ,Adw LPO: & i"! -� • ROY COOPER /r Gowmar MICHAEL S. REGAN Sermiary BRAXTON DAVIS Direclar, Divisirm af('.11al Management April 21, 2020 MEMORANDUM., FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDECI - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areas. bodnar(a)NCDENR. aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Wilmington Waterfront Property Owner, LLCc/o Graham Tyrrell Project Location: 19 Hamett St:, adjacent to NE Cape Fear River, Wilmington, New Hanover County Proposed Project: Proposal to install a steel bulkhead & construct a new seven story multi -use building w/associated landscaping, adj. to a section of the Wilmington Downtown Riverfront along the east bank of the NE Cape Fear River. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 15, 2020. if you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7266 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAM AGENCY SIGNATURE RECEIVED Stale of North Carolina I Environmental Quality I Coastal Managemeot APR 2 2 2020 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kettler Wilmington River&ont, Wilmington Waterfront PO, LLC c/o Graham Tyrell 2. LOCATION OF PROJECT SITE: 19 Harnett Street, adjacent to the Northeast Cape Fear River, in Downtown Wilmington, New Hanover County LAT:34°14'48.82"N LONG:77°57'07.02"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits — 4/8/20 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — 3/5/20 Complete — 4/2/20 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — City of Wilmington/New Hanover County Land Classification From LUP — Developed (Central Business District (CBD)) (B) AEC(s) Involved: EWES/PT (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - None Planned - Municipal (F) Type of Structures: Existing — Parking lot, Wilmington Riverwalk Extension, Rip Rap Planned- Two (2) mixed use buildings, new steel bulkhead (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DRFDC,P.D FTtT.Fr) nruFu (A) Vegetated Wetlands (coastal and §404 wetlands) (B) Non -Vegetated Wetlands 1,250 sq. ft. 250 sq. ft. en water(rip rap removal (C) Other - (Highground Disturbance) 1.87 Acres 1,530 cu.yards (D) Total Area Disturbed: 82,957 sq. ft. (1.9 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SC Open: Closed 8. PROJECT SUMMARY: The applicant proposes to install a steel bulkhead and construct a new seven story multi- use building with associated landscaping adjacent to a section of the Wilmington downtown Riverwalk along the east bank of the Northeast Cape Fear River. RECEIVED APR 2 2 ZOZO DCM.MHD CITY RECEIVED Wilmington Waterfront Property Owners, LLC c/o Graham Tyrrell Page Two APR 2 2 2020 9. PROJECT DESCRIPTION DCM-MHD CITY The project site is located at 19 Harnett Street in downtown Wilmington. The site is a parcel of the old Almont Shipping Terminals property adjacent to the Northeast Cape Fear River (NECFR) in downtown Wilmington, New Hanover County. To locate the site from the Wilmington Regional Office (WiRO) travel south on Market Street (U.S. HWY 17) until you reach Martin Luther King, Jr. Parkway (N.C. HWY 74) which will be located on the right. Turn right and travel west approximately 3.5 miles until you arrive at North 3nd Street in downtown Wilmington. Turn right onto N. Front Street and then take the second right onto Hamett Street until you reach the property of interest, which is currently utilized as a parking lot. The applicant's property is an approximately 1.8-acre tract of land, which averages approximately 9 ft. above mean high water (MEW) abutting the NECFR with approximately 250 linear feet of shoreline. The new City of Wilmington Waterfront Park will be located to the north of the project, Northern Riverfront Marina is located to the south of the project, a vacant lot is located to the east and the NE CFR is located to the west. The subject parcel has historically been an industrial wharf -type use known to date back hundreds of years. The site was part of the old Almont Shipping Terminals where ships and barges unloaded bulk material. The project site was also utilized to store various raw commodities, which include: chrome ore, salt, urea, and aggregate material. Prior to development as a parking lot the parcel was utilized as a construction yard. There is also existing rubble/rip-rap along the shoreline in the southern end of the project site, which appears to have been located for shoreline stabilization. The parcel was originally part of a larger tract that was authorized under State Permit No. 44-07, which was originally issued on March 30, 2007. It is within the City's Central Business District (CBD) and according to the application it is within the National Register of Historic Places. The upland portion of the subject parcel was used as a staging area and designated spoil site for re -development of the adjacent property to the south. The area currently serves as an approximately 54,000 sq. ft. parking area (see Narrative) This site has been authorized for re -development through a separate Brownfields Agreement and a Letter of Eligibility is attached (see Appendix J). Authorized development under State Permit No. 44-07 included the excavation of a new marina basin and construction of new floating docks to accommodate up to approximately 204-slips associated with the Port City Marina (PCM). State Permit No. 44-07 was modified on November 9, 2015 for work involving the authorized restaurant and hotel buildings, a temporary parking area on the subject parcel, which was known as Tract 4, a bulkhead and the Wilmington Riverwalk extension along the shoreline of the new marina. State Permit No. 62-13 was issued to Riverfront Holdings II, LLC on May 20, 2013 for upland development, rip rap shoreline protection and an additional Riverwalk extension. The now constructed Riverwalk is just landward of the USACE Wilmington Harbor Line. This permit was modified on November 14, 2013 to fill an existing Section 404 wetland drainage ditch within a City of Wilmington easement and again on March 13, 2014 for the filling of three pockets of Coastal Wetlands associated with shoreline stabilization connectivity, one of which was on the subject parcel. The subject property was bought by the Wilmington Waterfront Property Owner, LLC from NRMH Holdings on July 12, 2019. The City of Wilmington/New Hanover County Joint 2006 CAMA Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The waters of the NECFR are classed SC by the Division of Water Quality. They ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. The USACE federally maintained channel on the Cape Fear River is located adjacent to the project site to the west, a vacant lot to the east, the new City North Waterfront Park site to the north and Northern Riverfront Marina to the south. The project site is part of a larger re -development plan for the downtown area outlined in the Wilmington "2020 Vision Plan". Re -development during the late 1990's and early 2000's of the Wilmington Urban Waterfront went through comprehensive efforts between the City and several property owners, who Wilmington Waterfront PropertyOwners, LLC clo Graham Tyrrell Page Three through their cooperation with the City staff proposed a revitalization project which has incorporated public trust access in accordance with the enacted law predicated by House Bill No. 1059: CIS 113A- 120(ax 1) and (ax2) and authorized to the City of Wilmington through State Permit No. 149-98. PROPOSED PROJECT: The applicant proposes to install a steel bulkhead and construct a new seven story multi- use buildings with associated landscaping adjacent to a section of the Wilmington downtown Riverwalk along the east bank of the Northeast Cape Fear River. A new 45,107 sq. ft. building is proposed, measuring 86 ft. in height, which will include 276 apartments and 21,500 sq. ft. of retail area. According to the applicant the existing 54,180 parking area will be demolished and removed prior to any new construction activities. The new proposed 257 linear ft. steel bulkhead would be installed after removal of the existing rip rap (see Sheet 2 of 5). Rip rap removal would result in the excavation/removal of approximately 237 cubic yards of concrete and rock from up to 5 ft. below NHW (1,250 sq. ft.) and would be hauled offsite (see Narrative and MP-2). Approximately 1,530 cubic yards of high ground excavation is proposed for installation of the Stormwater Filtration system. According to the applicant this material would be used for backtill unless it is required to betaken elsewhere per the Brownfields agreement. The new bulkhead would be installed essentially along the high water line (see Sheets 1 and 3 of 5). The backfill area would consist of 57 stone with 27 ft. tie rods extending to sheet piles on the high ground for stabilization. The applicant states that no wetland impacts would occur for this project, however the submitted and signed USACE wetlands survey expired on 11/30/17 and has not been updated (see Appendix G). Proposed upland work consists of the installation of a stormwater infiltration system to provide drainage for the proposed 73,000 sq. ft. of built upon area, which would cover 900% of the tract and 82% of the area within the 75 ft. Estuarine Shoreline Area. According to the applicant, the treated stormwater would be discharged into the wetlands adjacent to the NE CFR. At the time of application a stormwater permit has NOT been issued for this development. The proposed 45,107 sq. ft. building, which measures approximately 270 ft. in length and is irregular in width, would be within 25 ft. of NHW (see Sheet 1 of 5). The building will wrap around a proposed pool and landscape area which is outside of the 75 ft. Estuarine Shoreline AEC (see Sheets 4 and 5 of 5). According to the applicant, additional impacts within the 30 ft. Coastal Shoreline Buffer and 75 ft. Estuarine Shoreline include landscaping and both pervious and impervious pavers. This area has been designated as Urban Waterfront. A total of 15,955 sq. ft. of impervious surface is proposed within the 75 ft. AEC. 10. ANTICIPATED IMPACTS The proposed rip rap excavation would impact up to 1,250 sq. ft. of area below NHW. The proposed bulkhead would fill approximately 250 sq. ft. of Estuarine Waters at the Normal High Water Line and impact approximately 5000 sq. ft. of area within 30 ft. of NHW. The proposed Multi -use buildings and landscaping would have a total of approximately 67,098 sq. ft. of built up on area encompassing the footprint of the existing parking lot with approximately 15,955 sq. ft. of Built Upon Area (BUA) within the 75 ft. Estuarine Shoreline Area. Approximately 6,246 sq. ft. of that BUA would be within the Coastal Shoreline Buffer in an area designated as an Urban Waterfront. Minor increases in turbidity should be expected during the installation of the steel bulkhead, however no long term adverse impacts are anticipated. RECEIVED Submitted by: Tam MacPherson Date: April 15, 2020 Office: Wilmington APR 2 2 2020 DCM-MHD CITY jouthern E_m ronmental Grout, Inc. 2 March 2020 Hand Delivery NC Department of Environmental Resources Division of Coastal Management Attn: Mr. Tyler McGuire 127 Cardinal Drive Extension Wilmington, NC 28403 Re: CAMA Major Permit Application Downtown Wilmington Riverfront Project 19 Harnett Street, Wilmington, New Hanover County Dear Tyler, MAR 0 2 2020 PMJ0K *> 19.661.01 Southern Environmental Group, Inc. (SEGi), on behalf of Wilmington Waterfront Property Owner, LLC is submitting the attached CAMA Major Permit Application, with associated supporting information and documentation (Attachment 1) and Four Hundred Dollar ($400.00) CAMA Major Permit Filing Fee (see Attachment 2), for the proposed Downtown Wilmington Riverfront Project, which is a multi -use development, within the Central Business District of Wilmington. A CAMA Major Permit is being sought to authorize work and structures that are to take place within the NC Division of Coastal Management's Estuarine Shoreline Area of Environmental Concern and Public Trust Waters. It is our hope that the information found within and attached to the application is sufficient, for the DCM and other permitting agencies, to process the request for authorization to perform the proposed work. However, should you have questions or concerns, please call me at 910.228.1841. Thank you, in advance, for your time and assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Regulatory Specialist Attachments (2) RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 RECEIVED _ APR 219 ZOZ0 DCM-MHD CITY Southern E_rnironmental Group, Inc. i I i 5-An `oile5c �oad.,�nde F I V6,nSton. hL 2341 '_ Kettler Wilmington Riverfront CAMA Major Permit Application Supporting Documentation Preparedjar Wilmington Property Owner, LLC 8255 Greensboro Drive, Suite 200 McLean, VA 22102 Prepared by Southern Environmental Group, Inc. 5315 South College Road, Suite E RECEIVE Wilmington, NC 28412 APR 2 2 202 RECEIVE!�CM-MHD CI Date APR 0 2 2 March 2020 [)CM WILMINGTON, NC Downtown Wilmington Riverfront Project CAMA Major Permit 9F Cii Introduction: Southern Environmental Group, Inc. (SEGi) has been retained by Wilmington Property Owner, LLC, herein referred to as "Applicant", to secure a Coastal Area Management Act (CAMA) Major Permit for the installation of a bulkhead and upland development, which is to take place at 19 Harnett Street, in Wilmington, North Carolina. Part of the proposed work is to take place within the NC Division of Coastal Management's (DCM) 75' Estuarine Shoreline Area of Environmental Concern (AEC) jurisdictional area and within Public Trust Water. Pursuant to 15ANCAC 07J .0201, the proposed development will require a CAMA Major Permit. The following information is being submitted as supplemental information to the CAMA Major Permit Application. Parcel Information and Project Location: The project is located at 19 Harnett Street, within the incorporated limits of the City of Wilmington, in New Hanover County, North Carolina. One parcel of land, with Parcel ID Number R04716-001-026-000 and encompassing approximately 1.78-acres (77,724 SF), is included in the project area (see Appendix A). The site is and within the City of Wilmington's Central Business District (CBD) and the southern portion of the site is within the National Register of Historic Places (see Appendix B). From the DCM's Wilmington Regional Office, one can find the project site by heading south on US Highway 17 Business, taking a right onto North 3rd Street and a left onto Harnett Street. The site is located on the north side of the round -about, within the Northern Riverfront and Marina Property. Please see attached vicinity map (Appendix C). Site Information: The project site abuts the Cape Fear River (Cataloging Unit 030030005), to the west, Northern Riverfront and Marina, to the south, an empty lot, which will serve as the City of Wilmington's North Waterfront Park, to the north, and an empty lot, to the east (see Appendix A). The waters of the Cape Fear River are classified SC;sw, by the North Carolina Division of Water Resources (DWR) (see Appendix D). The site is approximately 9' above normal high water and is within the AE Flood Zone (see Appendix E). The site is part of the Almont Shipping Company property, which is where ships and barges unloaded bulk materials, such as salt, fertilizer and aggregate (see Appendix F). The company filed for bankruptcy in 2002, and the site was sold in 2006. Since that time, the site was cleaned up and has been used for a construction yard. In 2013, Riverfront Holdings 11, LLC secured a CAMA Major Permit to extend the boardwalk, create docking space and install shoreline stabilization. In 2014, a Minor Modification to the CAMA Permit was issued to fill in approximately 11,400 SF of coastal wetland. The last action taken on this site was in 2017, when a CAMA Major Permit was issued to construct a 54,180 square feet parking lot, with associated stormwater basin (see Appendix F and G). The following permits have been issued: • NC DCM CAMA Major Permit (temporary staging area) 44-07 • NC DCM CAMA Major Permit (boardwalk, docking facility and shoreline stabilization) 62-13 (2013) • NC DCM CAMA Major Permit Minor Mod. (wetland fill) 62-13 (2014) • NC DCM CAMA Major Permit (parking lot) 62-13 (2017) • USACE JD SAW-2012-00965 • DWR WQ Certification 00-0319v2 The project site is currently regulated under the NC Department of Environmental Quality's (DEQ) Brownfields Agreement for the Almont Shipping site, which places property use restrictions, such as for high density residential, hotels, etc.), on the property (see Appendix J). Since the Brownfields Agreement covered multiple parcels, including the subject parcel, The Applicant applied for an independent Brownfields Agreement, for the subject parcel, and has received a Letter of Eligibility, from the DEQ (see Appendix J). Project Purpose and Need: The purpose of this project is to construct one mixed -use, seven story buildings, that will inc�}rjg� jbl,apanents and 21,500 square feet of retail area, all of which is needed in Wilmington's Central Business DistrE Yft RECEIVED APR 0 22020 2 1 P a g e 1_0) Pig $ Z020 DCM WILMINGTON, NC +nap r.••. nrw Downtown Wilmington Riverfront Project CAMA Major Permit 9F C3j Project Description: Prior to undertaking land disturbing activities, silt fence and other sediment and erosion control measures will be installed. Once this has been completed, demolition of the existing 54,180 SF parking lot will take place. The material (i.e. asphalt and concrete) will be hauled off to an accredited site, such as Wilmington Materials, and installation of the bulkhead will begin. Installation of the bulkhead will consist of removing rip -rap and soil, from the existing re -enforced embankment, and installing the steel, sheet pile bulkhead. Excavation of the rip -rap embankment will extend 5' waterward of mean high water and will entail removing approximately 237 cubic yards of material. Except for a few areas, the bulkhead will be installed along the mean high water line. Filter fabric and washed #57 stone will be placed behind the entire length of the bulkhead. A 1' wide, concrete cap will be affixed to the top of the structure. At varying intervals, along the back of the bulkhead, 27' long, tie rods will connect the bulkhead to 10' tall, steel sheet piles, which will be buried, vertically, underground. The work will be completed in segments. Please see Appendix H, for details of the proposed work. Upland development will commence once the bulkhead has been installed. First the Contech Stormwater Filtration system will be installed, and then vertical development will begin. This will ensure stormwater, generated from the proposed built upon area, is collected and treated prior to discharging offsite. Approximately 1530 cubic yards of material will be excavated. The soil will be used on -site, to backfill behind the proposed bulkhead. Should excavated soil need to be removed from the site, it will be taken to a certified Brownfrelds landfill. All site work will be undertaken in accordance with the DEQ Brownfields Agreement. Vertical work on the 45,107 SF, mixed -use building will begin only after the stormwater filtration system is operational. In total, the project will generate approximately 67,098 SF of built upon area (i.e. 86% coverage), of which 15,955 SF will be within the 75' Estuarine Shoreline AEC and 6,246 SF will be within the 30' Coastal Shoreline Buffer. Thus, BUA area, within the 75' Estuarine Shoreline AEC and 30' Coastal Shoreline Buffer, will be 82% and 79% respectively. Runoff, generated from the BUA in these areas, will be treated through the Contech Stormwater Filtration System, which is under review by the NC Division of Energy, Land and Mineral Resources — Stormwater Unit, in the Wilmington Regional Office. Please see Appendix H, for details of the proposed development. Due to the fact that this project is located within a designated CBD, the project is exempt from maximum impervious surface area thresholds. The Applicant will be securing state and local stormwater permits concurrently, with the CAMA Major Permit. Typical building materials (i.e. steel, concrete, wood, etc.) will be used to construct the building. The final phase of the development will c:,nsist of landscaping and the riverfront patio area, using materials such as concrete pavement, rock fines, grass, brick pavers and concrete pavers. Please see Appendix H, for details of the proposed work. Heavy machinery, such as dump trucks, front end loaders, large cranes and excavators, will be used to complete the work. The machinery will be stored within uplands, on the subject property. Adjacent Riparian Property Owners: As per 15A NCAC 07J .0204(b)(5), the Applicant shall notify, by US Postal Service Certified Mail, the adjacent riparian property owners (ARPOs) of the proposed work. According to the New Hanover County GIS Map, there are two ARPOs. The following table provides information, for each ARPO: ARPO Pvee1 m O"er MadinzAdilms Norm R04716-001-015-000 CITY OF WILMINGTON 215 RACINE DP, UNIT 101 WILMINGTON NC 28403 South R04716.001.003-ON NRMH HOLDINGS LLC 720 NORTH 3ro STREET 31O FLOOF, WILMINGTON NC 29401 Table I ARPO Information RECEIVED See Appendix 1, for a map of the adjacent riparian properties, and the returned certified mail green cards, for each. Summary: APR 0 3 In summary, the Applicant is seeking approval, in the form of a CAMA Major Permit, to perfort8 t t Y place within the Estuarine Shoreline Area of Environmental Concern and within Public Trust Waters. a pro J, N C is consistent with the current rules and regulations of the NC Coastal Area Management Act, as well as the state an federal Clean Water Act, and is considered to be the least environmentally damaging practicable altematiJR.ECEIVE 31Page (3/2/20) APR 2 2 2020 I]CM-MHD CITY Kettler Wilmington Riverfront DCM MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicanitLandowner lnfomradon Business Name Project Name (N applicable) WILMINGTON WATERFRONT PROPERTY OWNER, LLC KETTLER WILMINGTON RIVERFRONT Applicant 1: First Name MI Last Name GRAHAM TYRRELL Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 8255 GREENSBORO DRIVE, SUITE 200 1 MCLEAN VA ZIP Country Phone No. 1 FAX No. I 22102 US 703-641-9000 - - ext. -- Street Address (if different from above) City State ZIP NA Email g!y rell(rDketdeccom 2. AgenNContractor Information Business Name SOUTHERN ENVIRONMENTAL GROUP, INC (SEGI) Agentl Contractor 1: First Name MI Last Name DANA A. LUTHERAN Agentt Contractor 2: First Name MI Last Name Mailing Address PO Box City State 5315 SOUTH COLLEGE ROAD, SUITE E WILMINGTON NC ZIP Phone No. 1 Phone No. 2 28428 910.452.2711-- ext. 910.228.1841 (Preferred)- ext FAX No. Contractor e 910.452.2899 NA Street Address (if different from above) City State ZIP SAME AS ABOVE - Email dlutheranfraseai.us 3. Project Locadon County (can be multiple) Street Address State Rd. If NEW HANOVER COUNTY 19 HARNETT ST NA Subdivision Name City State Zip NA WILMINGTON NC - 28401 Phone No. Lot No.(s) (if many, attach additional page with list) NA ext. R04716-001-026-000 e. In which NC river basin is the project located? b. Name of body of water nearest to proposed project CAPE FEAR RIVER (CATALOGING UNIT 030030005) CAPE FEAR RIVER C. Is star body ident�ed in (b) above, natural or manmede? d. Name the closest major water body to the proposed project site. atura an ads Unknown CAPE FEAR RIVER RECEIVED RtV�1Y'- - pR 1 (3/2f2020) APR 22 Z0Z0 DCM-MHD CITYoCM *ILMINGTON, NC Kettler Wilmington Riverfront e. Is gmposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es No work falls within. CITY OF WILMINGTON - CENTRAL BUSINESS DISTRICT (CBD) 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 250 LF (SEE ATTACHED PLAN) 77,724 SF (1.78 AC) c. Size of individual lot(s) NA d. Approximate elevation of tract abovef�lHN�/normal high (If many lot sizes, please attach additional page with a list) water) or N WL (normal water level) APPROX 9' e. Vegetation on tract CURRENTLY THE SITE SERVES AS A PARKING LOT. THEREFORE, VEGETATION CONSISTS OF TYPICAL UPLAND GRASSES. f. Man-made features and uses now on tract A PARKING LOT, ROCK EMBANKMENT AND THE CITY OF WILMINGTON'S RIVERFRONT BOARDWALK ARE WITHIN THE PROJECT LIMITS. THE SITE IS CURRENTLY BEING USED AS A PARKING LOT. g. Identify and describe the existing land uses adjacent to the proposed project site. ADJACENT SITES ARE ALL WITHIN THE CITY OF WILMINGTON'S CENTRAL BUSINESS DISTRICT. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT. h. How does local government zone the tract? I. Is the proposed project consistent with the act (cable zoning? (Attach CBD - CENTRAL BUSINESS DISTRICT zoning compliance certificate, if applicable) es No NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? Ye No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes;(ED NA If yes, by whom? DUE TO THE FACT THAT THIS SITE HAS BEEN HISTORICALLY USED AS A LAYDOWN YARD, FOR AJDACENT DEVELOPMENT PRODJECTS, AND THAT THERE CURRENTLY IS AN EXISTING PARKING LOT ON THE PROPERTY, SECTION 106 CONSULTATION WAS NOT WARRANTED. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR HISTORICAL AERIALS. I. Is the proposed project located in a National Registered Historic District or does it involve a National Register Yes No NA listed or eligible property? A SMALL PORTION OF THE SITE IS LOCATED WITHIN THE WILMING-ON NATIONAL REGISTER OF HISTORIC PLACES. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR MAP. m. (1) Are there wetlands on the site? Yes CRD III) Are there coastal wetlands on the site? Yes N (III) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation, if available) Yes No n. Describe existing wastewater treatment facilities. THERE IS NO EXISTING WASTEWATER TREATMENT FACILITIES WITHIN THE PROJECT LIMITS. DRINKING WATER WILL BE SUPPLIED BY CFPUA. o. Describe existing drinking water supply source. THERE IS NO EXISTING SOURCE OF DRINKING WATER ON -SITE. DRINKING WATER WILL BE SUPPLIED BY CFPUA p. Describe existing storm water management or treatment systems. CURRENTLY THERE IS A SMALL INFILTRATION POND ON THE SOUTHWEST CORNER OF THE PROPERTY. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR A CURRENT AERIAL PHOTOGRAPH OF THE SITE. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? Commerci ublidGovernment Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. THE PURPOSE OF THIS PROJECT IS TO CONSTRUCT ONE MIXED -USE, SEVEN STORY BUILDING (-43,000 SF), THAT WILL INCLUDE 276 RESIDENTIAL UNITS AND 21,500 SQUARE FEET OF RETAIL AREA, ALL OF WHICH IS NEEDED IN WILMINGTON'S CENTRAL BUSINESS DISTRICT. THE SPACE WILL BE FOR COMMERCIAL USE. r�ri.rrvrn _!= ED rl4V�.rtl w 2 (3/2)2020) APR 1 2020 APR 2 2 2020 MINGTON NC i7Cf1A-WI Kettler Wilmington Riverfront c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. HEAVY MACHINERY SUCH AS EXCAVATORS, FRONT END LOADERS, DUMP TRUCKS, AND GRADERS WILL BE UTILIZED DURING THE CONSTRUCTION PERIOD. ALL MACHINERY WILL BE STORED IN UPLANDS, WITHIN THE PROJECT BOUNDARIES. SEE CAMA MAJOR SUPPLEMENT DOCUMENT FOR DETAILS OF THE CONSTRUCTION METHODS. d. List all development activities you propose. THE APPLICANT INTENDS TO DEMOLISH AN EXISTING 54,180 SF PARKING LOT, INSTALL A 257 LF BULKHEAD, LANDWARD OF THE NORMAL HIGH WATER LINE, AND CONSTRUCT ONE SEVEN STORY MIXED -USE BUILDING. BUILT UPON AREA WILL COVER APPROXIMATELY 86% OF THE TRACT. PERVIOUS PAVERS, LANDSCAPING SHRUBS AND GRASSES WILL BE UTILIZED ALONG THE WATERFRONT. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR DETAILS OF THE PROPOSED DEVELOPMENT. e. Are the proposed activities maintenance of an existing project, new work, or both? NEW WORK I. What is the approximate total disturbed land area resulting from the proposed project? 77,7424 ®or Acres g. Will the proposed project encroach on any public easement, public accessway or other area that the public has Yes 0 NA established use o% h. Describe location and type of existing and proposed discharges to waters of the state. CURRENTLY, THE CITY OF WILMINGTON DISCHARGES STORMWATER, INTO THE CAPE FEAR RIVER, THROUGH TWO STORMWATER PIPES. THESE PIPES WILL REMAIN. STORMWATER, GENERATED BY THE PROPOSED DEVELOPMENT, WILL BE TREATED UNDERGROUND THROUGH A CONTECH STORMWATER FILTRATION SYSTEM. SEE CAMA MAJOR SUPPLEMENTAL DOCUMENT FOR DETAILS OF THE PROPOSED STORMWATER SYSTEM. I. Will wastewater or stormwater be discharged into a wetland? (ap No NA If yes, will this discharged water be of the same salinity as the receiving water? Q0 No NA j. Is there any mitigation proposed? Yes (a) NA If yes, attach a mitigation proposal. B. 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 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required Hems below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under %,hick the applicant claims title to the affected properties. e. The appropriate application fee, check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name (NORTH) CITY OF WILMINGTON, MR. STERLING CHEATHAM (MGR) Phone No. Address 102 NORTH 3RD STREET, WILMINGTON, NC 28401 Name (SOUTH) NRMH HOLDINGS, LLC Phone No. Address 720 NORTH 3w STREET, VO FLOOR WILMINGTON. NC 28401 g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. CAMA Major Permit 62.13 (5120113, 11/14113 and 3111/14) DWR 401 WO Cart 00-03190 USACE AID SAW-2012-0965 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. NA THERE ARE NO WETLANDS ON THIS SITE. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) NA k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the projee�c�l[�y� roof public w"105u funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Po RECEIVED APR 01 7070 3 (3/2/2020) APR 12 2020 DCM WILMINGTON, NC pCM-MHD CITY- Kettler Wilmington Riverfront 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 2 March 2020 Print Name Dana A. Lutheran Signature Please indicate application attachments pertaining to your proposed project. ✓MP-2 Dredge and Fill ✓MP-3 Upland Development ✓MP-4 Structures MP-5 Culverts and Bridges RECEIVED APR 2 2 2020 DCM-MHD CITY RECEIVED APR 0 1 1" 4 (3/2/2020) DCM WILMINGTON, NC Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 257 Width 1 Avg. Existing Depth NA NA NA Final Project Depth NA NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 237 CY C. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet effected. ❑CW ❑SAV ❑SS ❑WL ®None (it) Describe the purpose of the excavation in these areas: THE PURPOSE OF THE EXCAVATION IS TO REMOVE THE PREVIOUSLY INSTALLED RIP RAP SHORELINE STABILIZATION, IN ORDER TO INSTALL THE PROPOSED BULKHEAD. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner [I This section not applicable Type of material to be excavated. ROCK EMBANKMENT AND SOIL d. High ground excavation in cubic yards. 1530 CY ®This section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? []Yes []No ❑NA CiQ If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV []SB _ ❑WL []None (it) Describe the purpose of disposal in these areas: RECEIVED (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA APR 2 2 2020 (ii) If yes, how much water area is affected? RECEIVED I`tC:M_M D CITY APR 01 2020 252-808-2808 :: 1.8883RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 3) RECEIVED APR 2 2 2020 UCM-MHD CITY 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 257 ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: VYNLE SHEETPILE g. Number of square feet of fill to be placed below water level. Bulkhead badkfill 3150 Riprap Breakwater/Sill_ Other_ Source of fill material. ON -SITE Width: 1 d. Maximum distance waterward of NHW or NWL: 6" f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ONO [DNA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. EARTHEN SOIL 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ONO []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Strict sediment and erosion control best management practices, such as silt fence and temporary sediment traps, will be in place priro to performing any major land disturbing activities. C. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. 3/2/2D20 Date Wilmington Riverfront Project 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 (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? An excavator, front-end loader, trackhoe and dump trucks will be used to complete the work. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ONO ❑NA (it) If yes, explain steps that will be taken to avoid or minimize environmental impacts. ':€C61V6D Project Name APR 01 2020 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanaeoment.net revised: 12126/06 Form 0CM MP-2 (Excavation and Fill, Page 3 of 3) Wilmington Riverfront Proprty Owner, LLC Applicant Name Dane A. Lutheran Applicant Signature 252-808.2808 :: 1.888.4RCOA3T :: www.neeoastalmanagement.net RECEIVED APR 22 ZOZO DCM.MHD CITY RECEIVED APR 01 70?9 DCM WILMINGTON, NC revised: 12/26/06 Form DCM MP-3 Wilmington Waterfront Project UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. b. Number of lots or parcels. One (11—45,107 SF. 86 FT HIGH BUILDING WITH 1 ASSOCIATED STORMWATER AND LANDSCAPING c. Density (give the number of residential units and the units per acre). d. Size of area to be graded, filled. or disturbed including roads, ditches, 147.5 units per acre etc. 1.87 AC e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 820% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 86% j. Describe proposed method of sewage disposal. SEWAGE WILL BE HANDLED BY CFPUA I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down' and residential discharges). TREATED STORMWATER WILL NOT BE DISCHARGED INTO WATERS OF THE US m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) CFPUA o. When was the lot(s) platted and recorded? 7/2019 PAGE 6232 BOOK 2357 3/2/2020 Date Wilmington Riverfront Proiect Project Name Wilminoton Waterfront Property Owner. LLC Applicant Name Dana A. Lutheran Y Applicant Signature I. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. PAVER STONES ASPHALT AND CONCRETE WILL BE USED FOR IMPERVIOUS SURFACES h. Projects that require a CAMA Major Development Permit may also require a Stornwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? Yes No NA (n) If yes, list the date submitted THE STORMWATER PERMIT IS BEING SOUGHT CONCURRENTLY WITH THIS APPLICATION. it. Have the facilities described in Item (i) received state or local approve.? Yes No A If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? Yes�JcTaCh IT yes, a ach appropriate documentation. n. (1) Will water be impounded? Yes No (f) If yes, how many acres? p. It proposed development is a subdivision, will additional utilities be Installed for this upland Development? Yes No NA RECEIVED RECEIVED APR 01^." 1 APR 2 2 2020 DCM WILMINGTON, NC 01011ii IHC CITY 252.808-28082 :: '1.888.48COA8T ^yrww.nceoastelmanagement.net revised: 12!26106 ROY COOPER Gmxmnn MICHAEL S. REGAN Se. wo r BRAXTON DAVIS Olnv tur, I Lrwum nl ( )atrial A✓nnagemenr April 21, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Wilmington Waterfront Property Owner, LLC / New Hanover County Hello Angie: Please publish the attached Notice in the Friday, April 24, 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 ofJarimy Springer, (CustomerNo.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. Si cerely, Tana ietila e .(9 ing Support & Customer Assistance cc: MHC file Gregg Bodnar - WiRO USACE RECEIVED APR 2 2 2020 State of North Carolina I Environmental Quality I Coastal Management p�ayy p� N 127 Cardinal Drive Ext., Wiltamgtm NC 29405 M7%7215 NJCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On April2, 2020, Wilmington Waterfront property Owner, LLC proposed to construct a new seven story multi -use building w/steel bulkhead at 19 Harnett St, adjacent to the NE Cape Fear River, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7266) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 15, 1020 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 A?R 2,2 2020 r)Gih-hMHD CITY ROY COOPER Governor MICHAEL S. REGAN setrewy BRAXTON C. DAVIS Dkr r Dana Lutheran Southern Environmental Group, Inc 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: NORTH CAROLINA EnfNonmmaw Qawdfy April 15, 2020 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Wilmington Property Owner, LLC for State approval for development of the subject property located in the 19 Harnett Street adjacent to the Cape Fear River, in Wilmington, New Hanover County. It was received as complete on April 2, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is June 16, 2020. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 2, 2020 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. SinSewiY, Tara MacPherson District Manager cc: Gregg Bodner, DCM USACE Kathryn Thurston, City if Wilmington Robb Mairs, DWR Wilmington Property Owner, LLC, Applicant RECEIVED North Carolina Department of Eminnmenal Qualify I Division of Coastal Management APR 22 2020 Wilmington Office 1127 Cardinal Drive Emmsion I wfhnington North Carolina 28405 910.796.7215 DCM-MHD CITY NOTI(ow'017i CAMA PERMIT APPLIED FOR Applicant ECT: W W W roposes to construct a new seven p Hanover County. COMMENTS ACCEPTED THROUGH Maur 15, 2020 0 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Wilmington Waterfront Property Owner, LLC Graham Tyrrell --8255 �~ uv-66-nsboro Dr., Suite 200 121 Cardinal Dr. Ext. Mebean, V.A. 22102 Agent: SEGI, Inc. c/o Dana Lutheran (910) 228-1841 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Wilmington Waterfront Property Owner, LLC Mailing Address: 8255 Greensboro Drive, Suite 200, McLean, Virginia 22102 Phone Number: 703-641-9000 Email Address: gtyrrell@kettler.com I certify that I have authorized Darn Lutheran, with Southern Environmental Group, Inc. Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: construction of two (2) 7-story buildings, with infrastn cture and narking, and a bulkhead, to be located alona the riyerfront at my property located at ig & 41 Harnett Street In New Hanover 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 Ow f er Information: Signature Print or Type Name SE,.Yo� VtclZ P2�c ��tJ� Title c.E2 1uC. �u l tt 1 ,°I Date This certification is valid through .2 I 3. l 2020 RECEIVED APR 2 2 2020 DCM-MHD CITY 5out6ern Environmental Group, Inc. 13 t 15" Co1w trod, 5u� L Wllmnsron NC 2s 1i 910.+p2.2711 F—gio.*pZZM w —ex 10 February 2020 Certified Mai17012 1010 0002 6168 8922 NRHM Holdings, LLC Attn: Mr. Charles J. Schoninger 720 North 3rd Street, Third Floor Wilmington, NC 28401 [SEGi Project #: 19-061.011 Re: Adjacent Riparian Property Owner Notification CAMA Major Permit Application for Kettier Downtown Wilmington Waterfront Project 19 & 41 Harnett Street, Wilmington, North Carolina Dear Sir, With this correspondence, Southern Environmental Group, Inc. (SEGi) is notifying you of proposed development, which is to take place on property adjacent to land depicted as being owned by NRHM Holdings, LLC. SEGi relied upon the New Hanover County GIS, for this information, and has been retained by the Wilmington Waterfront Property Owner, LLC, herein referred to as the "Applicant", to notify the adjacent property owner(s) of their intent to apply for a Coastal Area Management Act (LAMA) Major Permit. The work consists of constructing two, seven story, mixed -use buildings, within the 1.78-acre tract of land. The buildings will provide 276 single family units and 21,500 square feet of retail area. Work is proposed within the 75' Estuarine Shoreline AEC and, therefore, requires NC Division of Coastal Management approval. To assist you in the decision making process of the proposed construction, attached you will find the DCM's CAMA Major Application, Preservation Point CAMA Major Site Plan and the Adjacent Property Notification Statement. To expedite the permit process, it would be helpful if you would sign and return the notification statement, via email, to dlutheranAsegims. Should you have any objections to this proposal, please send your written comments to Mr. Tyler McGuire, of the Wilmington District Office, at 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department, in reaching a final decision on the application. No comment, within 30 days of receipt of this notice, will be taken as "no objection". For questions regarding the methods and/or timing of construction or if you have questions regarding environmental concerns, please contact me at 910.228.1841. Thank you for your time and assistance with this project. Sincerely, RECEIVED DCM WILMINGTON, NC Dana A. Lutheran MAR 0 3 2020 SEGi Regulatory Specialist RECEIVED Enclosures(3) APR 2 2 2020 DCM-MHD CITY jouthem Environmental Group, Inc. 9i f.`� Cep=s=R«d 5� GW�I „sm�,NC ze+1z 9 i 0n1D.2711 r'+ 91o.+3z.z899 .w.."u• 10 February 2020 Certified Mail 7012 1010 0002 6168 7338 City of Wilmington Attn: Mr. Sterling Cheatham — City Manager 102 N. 3rd Street Wilmington, NC 28401 ISEGi Project #: 19-061.01 J Re: Adjacent Riparian Property Owner Notification CAMA Major Permit Application for Kettler Downtown Wilmington Waterfront Project 19 & 41 Harnett Street, Wilmington, North Carolina Dear Sir, With this correspondence, Southern Environmental Group, Inc. (SEGi) is notifying you of proposed development, which is to take place on property adjacent to land depicted as being owned by the City of Wilmington. SEGi relied upon the New Hanover County GIS, for this information, and has been retained by the Wilmington Waterfront Property Owner, LLC, herein referred to as the "Applicant", to notify the adjacent property owner(s) of their intent to apply for a Coastal Area Management Act (CAMA) Major Permit. The work consists of constructing two, seven story, mixed -use buildings, within the 1.78-acre tract of land. The buildings will provide 276 single family units and 21,500 square feet of retail area. Work is proposed within the 75' Estuarine Shoreline AEC and, therefore, requires NC Division of Coastal Management approval. To assist you in the decision making process of the proposed construction, attached you will find the DCM's CAMA Major Application, Preservation Point CAMA Major Site Plan and the Adjacent Property Notification Statement. To expedite the permit process, it would be helpful if you would sign and return the notification statement, via email, to dlutheranw&segi.us. Should you have any objections to this proposal, please send your written comments to Mr. Tyler McGuire, of the Wilmington District Office, at 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department, in reaching a final decision on the application. No comment, within 30 days of receipt of this notice, will be taken as "no objection". For questions regarding the methods and/or timing of construction or if you have questions regarding environmental concerns, please contact me at 910.228.1841. Thank you for your time and assistance with this project. Sincerely, Dana A. Lutheran SEGi Regulatory Specialist Enclosures (3) RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 RECEIVED APR 2, 2 2020 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 mallpiece, or on the front If snare N 2 i4 m ►-6►dingc cic 7-zo ►.1 3 r'-,A QC' agFoj K--'f --b❑ Agent 3, Rectdved h 13 Addre' y (Pdnted Name) C. Dete of DeN aFglte C.ryl'pa C.D ). Is delivery arpnt from item 7? ❑ Yes If YES,El enter,de7i ppr��y No xa7 LONGro C MAR 0 3 2020 IIIII (III (IIIIIII II IIIIIIIIIIIIIII III ❑Adult Signelure ❑ Priority Mail Express® Regered 9590 9402 5641 9308 8745 22 D ue Slgneture Restricted Delivery a cedMed Mae Mail'e ❑ istered Mall Resrcted Del 2. Article Number ?rail Ircurr aerniw rerv,n ❑ Certified Melt Restrcted Delivery on Delivery ❑ etum Receipt for 7012 1010 0002 6168 8922 on Delivall very Restricted Delivery ❑ Slil ura conllrmenonTM ❑ Still ion PS Form 3811, July 2015 PBN 7590•D7❑❑Ddi053 Bel Restricted Delivery Rw dcted Delivery Domestic Return Receipt ■ Complete items 1, 2, and 3. 4106 4addm ■ Print your name and address on the reverse ❑ Agent so that we can return the card to you. ❑ Addre� ■ Attach this card to the back of the mailpiece, d N$rrra) C. Date of Dell or on the front if space permits. Z ,2. r1. Article Addressedto:: itlegtdpdhDrown item 1? ❑ Yes GI W I I(Yl l '�Ori ('tf YES. gn{i7 HMI-IT IIU I VIV.,sIV ID ❑ No Mr. MAR 43 2020 �)ilmrng4-,3n,KlcQg4ol IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3. Service Type 11 Mail eIPesMteo ❑AdultSlgn ureaResNictedDelivery �CeN(.d Mall® ❑Rr�istendry Mil 9590 9402 5641 9308 8745 39 ❑ Caddied Melt Restrfl Delivery ❑ Pdurn Receipt for 2. Article Number (Transfar from s.11c repel) ❑ Collect on Dylvery ❑ collect on Delivery Resricted Delivery Merchandise ❑ Signature Confl atioW- 7012 lain 00a2 6168 7338 ❑Insured Mail l,t Restricted Dell very ❑ signature Confirmation Restricted Delivery PS Form 381 ,July 2015 PSN 7590-02.000•ap53 Domestc Return Receipt ; RECEIVED APR 2 2 2020 _ _ DCM-MIHD_CIITY ROY COOPER Goenar MICHAEL S. REGAN NORTH CAROLINA ErtWronmmtal Quallry Secretary February 18, 2020 MICHAELSCOTr abettor Sent Via USPS and email Sean Curtin Wilmington Waterfront Property Owner, LLC 8255 Greensboro Drive, Suite 200 McLean, VA 22012 gtyrell@ketder.com Subject: Letter of Eligibility Almont Shipping II 19 and 41 Harnett Street Wilmington, New Hanover County Brownfields Project Number 23080-19-065 Dear Mr. Curtin, The North Carolina Department of Environmental Quality (DEQ) has received and reviewed your January 7, 2020 Brownfields Property Application (BPA) and additional information (received on January 11, 2020) submitted by Geosyntec Consultants of NC, PC on behalf of Wilmington Waterfront Property Owner, LLC as a Prospective Developer seeking a Brownfields Agreement regarding the Brownfields Property. Upon review of the BPA with respect to the requirements of the Brownfields Property Reuse Act of 1997, DEQ has determined that this project is eligible for entry into the North Carolina Brownfields Program (NCBP) and for continued evaluation for a Brownfields Agreement (BFA). The next step in the BFA process will involve a detailed review of available environmental and other relevant data to determine what is currently known about contamination at the Brownfields Property, and what, if any, information gaps may exist that may require additional assessment. We are in receipt of the environmental reports previously submitted with NCBP No. 10040-06-065. If available, historical Brownfields Property information from the files of DEQ's Division of Waste Management will also be utilized during the evaluation process. Please forward any additional information or data you may have or can acquire for our evaluation. This should include reports from other DEQ agencies or regional offices. We will contact you regarding any additional assessment that may be necessary to establish that the Brownfields Property is or can be made suitable for the intended reuse, as required by statute. RECEIVED OCM WILMINGTON, NC D MAR 0 3 2020 RECEIVED North Carolina Department of Environmental Quality I DDAsbon of waste Management 217 west Jars Street 1 1646 Mall Service Center I Raleigtk North CaroOna 27699-U" _ 919.707$20 0 APR 2 2 2020 �`AA-MHD CITY Almont Shipping H February 18, 2020 Page 2 According to the BPA, the intended redevelopment for the Brownfields Property is for multi -family residential, retail, and an associated public/private parking garage. Because risk management decisions may vary depending on the nature of the redevelopment, it will be important that DEQ review the locations of the various elements. Please forward any maps or drawings indicating these details, even if they are only preliminary or conceptual. Please note: pending execution of a final BFA, NCBP eligibility is provisional. The protections a BFA offers the Prospective Developer are not in effect, unless and until, the BFA is executed. If you occupy the Brownfields Property or operate or conduct activities at the Brownfields Property that result in a release of regulated substances before a BFA has been finalized for the Brownfields Property, you may be considered to have caused or contributed to contamination at the Brownfields Property. Because an entity that could be considered to have caused or contributed to contamination at the Brownfields Property cannot be a Prospective Developer under the Act, your eligibility for participation in the NCBP would be placed in jeopardy. Consult closely with your Project Manager regarding any planned site activities prior to agreement finalization. You are cautioned to conduct all such operations and activities at the Brownfields Property with great care not to cause a release of regulated substances at the Brownfields Property that could jeopardize your eligibility for participation in the NCBP. If a party other than Wilmington Waterfront Property Owner, LLC will own the Brownfields Property at the conclusion of the brownfields process, the final document (which gets recorded at the register of deeds' office) must be signed not only by Prospective Developer, but by that owner. Failure by the Prospective Developer to ensure, by the time the BFA negotiations are complete, the willingness to sign of any such party, and to provide DEQ the exact name, email address, telephone number, and US mail address of the party (along with the signatory/signatory's tile in the case of an entity) will delay, and could prevent, the BFA taking effect. We are excited about the potential for public benefit offered by the reuse of the Almont Shipping II property and look forward to working with you to advance this brownfields redevelopment project. If you have questions about this correspondence or require additional information, please feel free to contact the project manager Caroline Goodwin by phone at 919- 707-8376 or by e-mail at carolinc.goodwin@ncdenr.gov. Sincerely, � �ti vim." '✓7�+'" " "`—,. Bruce Nicholson Brownfields Program Manager ec: Central Files, DEQ Ellen Lorscheider, DEQ Caroline Goodwin, DEQ Sharon Eckard, DEQ Kaitlyn Rhonehouse, Geosyntec Consultants of NC, PC WILMINGTON. NC MAR 0 2 2020 RECEIVED APR 22 2020 DG I�i1-MHD C1 Permit Class Permit Number NEW 62-f3 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission errutt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Riverfront Holdings ll, LLC, c/o -Charles Schoninger & Kyle Myers, 720 N. 3rd St: Suite 202 Winn., NC Authorizing development in New Hanover County at Cape Fear River, 10 Harnett SIMt. lYi R11t1Eton as requested in the permittee'sapplication dated revised 1 /13 including th_ This permit, -issued on Mny 20, 2t113 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may besubject to,fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered!Mrein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the boardwalk and platforms, all as expressly and specifically' set forth in the attached permit application' and workplan drawings. Any, additional land drsturbmg activities and/or construction may require a . modification of this permit, Contact a Division of Coastal Management representative at,(910) 796- 7215 for this determination. - (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 dater An appeal requires reso'hition prior to work initiation'or cont*ance as the case may be. - 'Ibis permit must be accessible on -site to --Department personnel when the pi eject 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, 2U16. 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 ofDGNR, and dia i Chairman of the Coastal Resources Commission. r Braxton Q1, 0s, Director Division of Coastal Management This permit and its Conditions arc hereby accepted i;X4, , NS09fuie of.Parmittec APR 2,2 2020 DCM-MHD CITy Riverfront Holdings ):I, LLC, c/o Charles Schoninger & Kyle Myers Permit #62-13 Page 2 of a ADDITIONAL CONDITIONS Riverwalk Extension and associated Docking Facility 2) Unless specifically altered herein, this permitauthorizes the boardwalks, docks, piers, platforms and,:3 other structures and uses located in or over the water that are expressly and specifically set forth in the j 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. 3) In accordance with commitments made by the permittee, any ,portion of the permitted access pier and docking facilities built over Coastal Wetlands shall be elevated a -minimum of six feet over the wetland' l substrate as measured from the bottom of the decking. 4)'• No sewage, whether treated or untreated, shall- be discharged at any time from any boats using the transient docking'facrhty. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced ` throughout the entire existence of the permitted structure. 5) No attempt shall to made by the permittee to prevent the full and 'free use by the public of;all navigable waters at or adj acent to the authorized work. 6) The'permrttee shall maintain the authorized work or good condition and in conformance with the terms and conditions of tlits' permit. 'The permittee is not relieved of this requirement if he abandons' the permitted activity "boot having it transferred to a third party, 7) 111is,permit does.not authorize the interference with any existing or proposed Federal projcct, 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. 8) The'perimuce shall install and maintain at his expense any signal lights or signals prescribed by the lj.S. Coast Guard, through regulation or, :otherwise; on the authorized facilities At minimum, permanent reflectors shall be attached to the structure to order to make it more visible during hours of darkness or inclement weather. 9) This permit author izes 11 formalized boatslips in association with this docking facility. RipRaa Shoreline Protection 10) The -alignment of the riprap shall 'adhere to the alignry'rent as depicted on the attached woikplan drawings. 11) The ,riprap material shall be free :from loose dirt or any pollutant. It shalt be of a size sufficient to prevent its movemetit tom the approved alignment by wave or current action. � kyle ax �. ha 12) The riprap material 9l" sist of clean rock or masonry materials such as but not limited to marl or brokenconerete. r,N( FL? MAK 0 J BA' RECEIVED Riverfront Holdings II, LLC, c/o Charles Schoninger & Kyle Myers Permit #62-13 Page 3 of 4'` ADDITIONAL: CONDITIONS F,asernent 13) An"Easement from the Department of Administration's Stile Property Office may be required under N.C.(3,S. 146-12(e). The pctmittee'shall contact the State Property, Office at 919-807-4650 prior to the initiation of construction of any structures over state-owned submerged lands to determine if such an casement will be required. Any required easements shall be obtained; and a copy provided to the Division of Coastal Management at 400 Commerce Avenue, Morehead City, NC 28557, ,prior t : construction of any new boat slips or other docking facilities authorized under this permit. s k� Sedimentation nand ProsioniControl 14) In order to .protect water ,quality, runoff from construction Shall !not visibly increase the amotnit. suspended sediments in adjacent waters, o�4e4 15) Appropriate sedimentation and erosion control devices, measures or stru(ures shall he unpletnrentac{ tq ensure that eroded Materials do not enter adjaceut wetlands, watercourses and property (c g, silt fence, diversion gwales or berms; etc.).WIMMI u sFi General t1 16)' The .permitter understands and agrees that, if future operations by the United StatC5,i ai �d removal, relocation, or other alteration of the structure or work authorized try; this permit, ?if`itr: opinion of the Secretary of the Anny or his autlion razed representative, said structure or work` shall ca s unreasonable obstruction to free navigation of the, navy able waters, the permittee will be required up y hA 1 5 due notice .from the Corps of L%nginecrs, to remove, ie or alter the work or obstructions cayS thereby, without expense to the t7nited States or the ig Kfii�r Carolina No claim 'shgll be against the United States or the state ofNorth Carolina ttil 'any such reznovat or aiteratto aka digy y h ,+ i+l�lum }� i� � 17) Approval of the structure yeas based on detcnninaUn ere wail¢ he no nb5triction #rF $ tlnder:cotndiGons existing in the federally trtaintam'6q7o ation,channel, a possibility,exnstO v structure may be damaged by wave ti' ash from -passing tlessets. lmeasonable'slowing. ,down dings traffic cannot be required` because it would tend to nullify the navigational benefits on wbic.iIxt navigation channel was justified. Issuance of this permil,should"not be construed, as rehevmg permittee`"fvoitak-mg pro steps to leisure the structure an3 mooned liars will not be'darnaged by ry fis wash itdtpally to be expected in the navigation channel, a" 1 Y 1 R) No well ssha(1 he.axcavated or filled, even temporarily._ r14g 'i 1 �4, 19) Phis Permitshall not be assigned, transfvrre , sold or othcrwtse disposed of to a diirdpart written approval of the Dnviston of Coastal Management, 20) The permitter and/or his or her contractor shall nrCcr with a to rescntative of the Division pnor project initiation." t APR 212 66 bCM..MHD-CtT Y- Riverfront Holdings H, LLC, c/o Charles Schoninger & Kyle Myers Permit 062-13 Page 4 of 4 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, including but not limited to a stormwater management pemtitfrom the Division of Water Quality.' NOTE: Future development otzthe permittee's'property.may-require a modification of this permit. Contact 'a representative of the Division at (910) 796-7215 prior to the commencement of any, such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water, level. NOTE: The N.C. Division of Water Quality hasauthorizedthe,proposed project under DWQ Project No. 00-0319v2` NOTE: The U.S. Army Corps of Engineers authorized thelproposed project:under COE Action Id. No. SA'*_2'012-00965 which was issued on 51 13. f�`R M APR 2 2 2020 DCM_MHn C jT tJ-9 �i D [;FY APR 22 2020 N7)EM-MJ4D CITY Downtown Wilmington Riverfront Project CAMA Major Permit C- Attachment I Adjacent Riparian Property Owner Maps City of Wilmington R04716-001-015-000 Project Site i NRMH Holdings, LLC R04716-001-003-000 I i _ I I I F3ECEIVEE) DCM WILMINGTON, NC MAR 0 3 2020 RECEIVED tale.,_, �- _ ,�,, APR 2.2 2020 __ DCM-MHD CITY MacPherson, Tara From: dlutheran@segi.us Sent: Tuesday, March 24, 2020 9:20 AM To: MacPherson, Tara' Cc Pietila, Tanya K Subject: [External] RE: Kettler Wilmington Riverfront Attachments: CAMA Major Supplemental Document 3-23-2020.pdf, Appendix H - Kettler Wilmington Waterfront CAMA Major Site Plans 3-23-2020.pdf, DCM-MP-1 Application 3-23-2020.pdf; DCM-MP-3 Upland Dev 3-23-2020.pdf Hi, Tara. Thank you, for getting a first look at this project so quickly. I have inserted my responses into your email below. ,Southern Emdronmental Group, ]nc 53 13 South College Koad, 5uitc E Wilmington, NC 2a+1 2 Office: 91 o.+5 2.271 I Mo6ile: 91 J.22s. 19+1 �prefcmed; www.segi.us [segi.usl From: MacPherson, Tara <tara.macoherson6Dncdenr.gov> Sent: Monday, March 9, 2020 3:02 PM To: dlutheran(asegi us Cc: Pietila, Tanya K <tanya.oietila0Dncdenr.gov> Subject: Kettler Wilmington Riverfront HI Dana, I was able to review this project and had a few questions for you: • Since the project is partially in the Wilmington National Registry of Historic Places, do you have anything from the City on that? > I should not have included "Wilmington" in front of National Registry of Historic Places. I think that is what is causing the confusion. The site is located within a National Register District but not within one of Wilmington's "Local Historic Places", such as "The Theater District" or the "Residential District". There are no structures slated for demolition, therefore it does not require City review (httips://www.wilmingtonnc.gov/home/showdocument?id=2668 lMlmingtonrc govl). • MP-1(5)(1) indicates that stormwater will be discharges into wetlands, but MP-1(4)(m) indicates there are no wetlands on the site.. > MP-1(5)(i) has been revised.. • Is MP-1(4)(n) meant to read wastewater and not drinking water? > MP-1(4)(n).has been'revised. RECEIVEn • Where are we with the Brownfields Agreement (BFA),for the new proposed work? RECEIVED MAR 2 t 0CM WILMINC-RJ.2 2020 lac;M-MHD qTy- > The developer has submitted a. BFA application and received a letter of Eligibility (see attached). It is expected that the project will receive the BFA, but it is a long process (i.e. 6 mo.), from what I understand. • Is the MP-2 (1)(a) material below NHW just the rip rap removal or is there more excavation being proposed? > Yes, just the rip -rap material, to install the wall. I gave them 5' beyond the front of the wall, just to be on the safe side. They may not need all that. • MP-3 (a) Please provide the Building Dimensions for all separate structures. > There is only one building on the site. I have updated the form to reflect this, as well as increased the number of units per acre. • MP-3(h) If stormwater has been submitted please indicate yes and the date of submittal. > The stormwater plans are currently being designed. The engineer thought they would have it submitted this week. • Are the wetland maps you submitted from the old project where they filled in a drainage area or are there current Section 404 wetlands on the property? > There are no wetlands on the property. They were all filled, as authorized under the previously issued USAGE, DWR and CAMA permits. • 1 understand that this is Urban Waterfront, but it is hard to tell exactly what is what on the detail drawing of the waterfront. I need to be able to describe in detail what is being proposed. Please update if you can indicating what each square represent. > Please find attached the landscape plan for the development between the bulkhead and building. I've updated the Supplement Doc and MP-3 (see attached), to reflectthe type of materials being used, within the 75' AEC, and total BUA within the 75' AEC. Thanks Dana, Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office 910 395-3964 fax tars macoherson(cDncdenr aov 127 Cardinal Drive Ext Wilmington, NC 28405 'Nothing Compares - =marl correspondence 'o and `rom rhrs address s suoiecr ro the �iorth Carolina O+;c .Records _3'ib arc a7 Ce :isc+cser, ;o rh r -arves RECEIVED APR 2 2 2020 _ DCM-MHD CITY MacPherson, Tara From: dlutheran@segi.us Sent: Wednesday, April 1, 2020 4:16 PM To: MacPherson, Tara Subject: RE: [External] RE: Kettler Wilmington Riverfront Attachments: CAMA Major Supplemental Document 3-31-2020 without site plans signed.pdf Categories: To do Hi, Tara. See my responses below. I think I got it all. Sout6cm Environmental Group, Inc. 5513 5out6 College Road, Suite E Wilmington, NC 29412 Office: 910.4$2.27I I Mo6ile: 91 o.zza.1 a+i (Preferred) Ww .selj.us From: MacPherson, Tara <tara.macpherson@ncdenr.gov> Sent: Friday, March 27, 20201:10 PM To: dlutheran@segi.us Subject: RE: [External] RE: Kettler Wilmington Riverfront Hi Dana, I have this mostly written with the exception of the items below: 1. The narrative says the project is on 19 and 41 Harnett street. Is it not just 41 harnett st? Its actually just 19 Harnett. I've made changes to the MP-1 and Supplemental Doc (see attached). 2. The narrative also states that the purpose is to construct two mixed use seven story buildings. Please provide building dimensions.. I am not get the same numbers you are for sq. ft. I apologize. I thought I had made the revisions to reflect 1 building. I believe I did it throughout the application packet. Also, I have included a new sheet (5 of 5) in the site plans, that denotes the dimensions of the building. Due to the size of the drawings, the site plan is not attached to the Sup Doc. and will be sent under separate cover. 3. Where is the attached brownfields letter?? Due to the size of the Brownfields Application, that will be sent in a separate email. The Letter of Eligibility is attached to the Sup. Doc. as Appendix J. 4. Where will the excavated material be hauled off to MP-2 (2) is blank? They believe they won't need to take any soil off -site. The existing asphalt, concrete and rip rap will likely be taken to Wilmington Materials or alike. I've incorporated a mention of this into the Sup. Doc. and MP-2. 5. Narrative says 273 cubic yards of material will be excavated, MP-2 says 1125... which is it? Its 273 CY. I've made the change. 6. Cannot print sheet 2 to scale... please send hardcopies of cannot convert to 11 X 7 RECEIVED Please review this sheet, as I incorporated the building dimensions APR 2,2 2020 DCM-MHD CITY 1/31/2020 PARID: R04716-001-026-000 WILMINGTON WATERFRONT PROPERTY OWNER LLC Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On Januarylst) New Hanover County 311815.62.8581.000 19 HARNETT ST WILMINGTON CHRXO IND-Industrial 958-Unused Land 0 2.02 CBD-CENTRAL BUSINESS DIS TRACT 4 RIVERFRONT HOLDINGS II LLC BD 19 HARNETT ST Owner NRMH HOLDINGS LLC City WILMINGTON State n NC 0 j Country 9 :0 RZ :E m 28401 z r -m 0 Z _ m w 'n < N N O M THE DATA IS FROM 2019 n o N �I1 o Z O Sales Z 0 Sale Date Sale Price Grantee Grantor Book Page Sale Key 25-JUL-19 $4,250,000 WILMINGTON WATERFRONT PROPERTY OWNER LLC NRMH HOLDINGS LLC 6232 2357 588388 04-OCT-16 $0 NRMH HOLDINGS LLC CITY MARINA WILMINGTON LLC ETAL 6007 1025 546212 https:Iletax.nhogov.coMDUDalalets/PdntDatalet.aspx?pin=R04716-001-025-000&gsp-PROFILEALL&taxyear=2019&jur=NH&ownseq=0&card=l&roll=RP&State=l&item=l&Rems=-1&all=0:2:4:5:8:7:10:... US V31/2020 New Hanover County 26-JUN-15 DUKE ENERGY PROGRESS INC RIVERFRONT HOLDINGS II LLC 5899 1703 615939 28-FEB-15 $0 NRMH HOLDINGS LLC RIVERFRONT HOLDINGS II LLC 5864 2298 546207 17-JUN-14 RIVERFRONT HOLDINGS II LLC RIVERFRONT HOLDINGS II LLC 5820 1205 499106 15-NOV-06 NRMH HOLDINGS LLC ALMONT SHIPPING COMPANY 5105 729 493358 Sale Details 1 016 Sale Date Sale Key Sale Price Grantee Grantor Sale Source Book Page Sale Type Sale Validity Sale Flag STEB Instrument # Instrument Type Adj. Reason Adj. Price Adj. Amount Link Land Line Number Land Type Land Code Square Feet Acres n Ti1 do M bo < o o m LegWDescription 25-JUL-19 588388 $4,250,000.00 WILMINGTON WATERFRONT PROPERTY OWNER LLC NRMH HOLDINGS LLC 6232 2357 IMPROVED Special Warranty 4250000 Click Here to view the deed for this parcel 1 S-SQUARE FOOT IL3 88157 2.02 THE DATA IS FROM 2019 Legal Description TRACT 4 RIVERFRONT HOLDINGS II LLC Tax District BD https://etax.nhcgov.wm/pUDatalets]PrintDatalet.aspx?pin=RD4716-001-026-000&gsp=PROFILEALL&taxyear--2019&jurNH&omwq=0&wrd=l&roll=RP&State=l&iter l&items=-1&ail=0:2:4:5:6:7:10:... 213 Book 6232 Page 2364 TAMMY THEUSCH BEASLEY New Hanover County Register of Deeds Register of Deeds 320 CHESTNUT ST SUITE 102 a WILMINGTON, NORTH CAROLINA 28401 Telephone 910-7984630 • Fax 910-798-7716 4 aaaaaaaauaaaaaafaaaaaaaaaaaaaaaurusarauaaaaaraaraaaaaa♦a♦aaraaaaaaaaaaaaaa aaaaa•a•aauaaaauuraaaaaaaaa State of North Carolina, County of NEW HANOVER Filed For Registration: 07/25/2019 11:11:46 AM Book: RB 6232 Page: 2357-2364 8 PGS $8,526.00 Real Property $26.00 RECEIVED Excise Tax $8,500 DCM WILMINGTON, NC Recorder: STEPHANIE IE PEREZ Document No: 2019022938 MAR 0 3 2020 •••♦sass♦afarraaaaaaaaaarrauaaaaaaaaaaaaaaaaaaaa+aaaaaaaaaaaaaa♦aaaa•aHaraaaaa Haaa♦aaauaaaf aaaaaatuaua DO NOT REMOVE! This certification sheet is a vital Part of your recorded document. Please retain with original document and suheit when re-recording. RECEIVED APR 2 2 2020 Book 6232 Page 2363 EXHIBIT C To Special Warranty Deed Such property has been classified as a brownfields property under the Brownfields Property Reuse Act and is subject to the Notice of Brownfields Property recorded with the New Hanover County Registry at Book 5326, Page 1093, including as amended. RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 RECEIVED r7 I APR 2 2 CuZO DCM-MHD CITY Book 6232 Page 2362 J. Easements, setback lines and any other matters shown on Survey entitled ALTA/NSPS Land Title Survey for Kettler Inc., Almont Tract 4 & Northern Riverfront Marina and Hotel, LLLP Tract by Jonathan L. Wayne, PLS dated March 28, 2019 and plats recorded in Plat Book 58, Page 310; Plat Book 58, Page 391; Plat Book 50, Page 155-159; Plat Book 59, Page 55; Plat Book 60, Page 319; Plat Book 57, Page 354; Map Book 12, Page 3; Map Book 59, Page 308, New Hanover County Registry. K. Partial Release of Easement recorded in Book 5864, Page 1927, New Hanover County Registry. L. Encroachment Agreement(s) between City of Wilmington and Seaboard System Railroad, Inc. recorded in Book 1300, Page 1661, New Hanover County Registry. M. Certificate of Assumed Name for a Limited Liability Company LLC recorded in Book 5875, Page 1728, New Hanover County Registry, and any and all judgments, liens, conveyances, or other encumbrances indexed in the public records of New Hanover County, North Carolina, under any such assumed name or names identified therein. N. Assumed Business Name Certificate recorded in Book 6131, Page 1752, New Hanover County Registry, and any and all judgments, liens, conveyances, or other encumbrances indexed in the public records of New Hanover County, North Carolina, under any such assumed name or names identified therein. O. Rights of others in and to the use of the Private Access Easement recorded in Book 5864, Page 2298, New Hanover County Registry. P. Easement(s) to City of Wilmington for Riverwalk recorded in Book 5364, Page 914. Amendment to Easement for Riverwalk recorded in Book 5820, Page 1205. Corrected Amendment in Book 5838, Page 2676, New Hanover County Registry. As noted on Survey by Jonathan L. Wayne, PLS dated March 28, 2019. Q. Declaration of Reciprocal Easement(s) and Covenant(s) recorded in Book 5838, Page 2686, New Hanover County Registry. As noted on survey by Jonathan L. Wayne, PLS dated March 28, 2019. 0 RECEIVED DCM WILMINGTON, NC MAP 0 3 2020 RECEIVED APR 2 2 2020 DCM-MHD CITY Book 6232 Page 2361 EXHIBIT B To Special Warranty Deed A. Easement(s) to Carolina Power and Light Company recorded in Book 913, Page 244; Book 916, Page 245; and Book 1067, Page 598, New Hanover County Registry. B. Notice of Brownfields Property recorded in Book 5326, Page 1093 and as shown on Map Book 53, Pages 55-58, New Hanover County Registry. Amendment to Brownftelds Agreement recorded in Book 5838, Page 2671. C. Development Agreement between Riverfront Holdings 1I, LLC and City of Wilmington recorded in Book 5371, Page 1106, New Hanover County Registry. Assignment of Declarant Rights to Sawmill Point Investors LLC recorded in Book 5659, Page 218, New Hanover County Registry. Assignment of Declarant Rights to CRM Mid Atlantic Properties, LLC recorded in Book 5577, Page 863, New Hanover County Registry. Amendment to Development Agreement recorded in Book 5790, Page 2173, New Hanover County Registry. D. Restrictive covenants as set forth in the first two full paragraphs immediately after the legal description in the Deed to Stevedores, Inc. recorded in Book 903, Page 664, as modified by Certificate of Compliance recorded in Book 1502, Page 1176, New Hanover County Registry. E. Assignment of rights and responsibilities under Indemnity Agreement between Seacor, Inc. and Scarafoni Associates NC, Inc. recorded in Book 2386, Page 680; and Book 2799, Page 300, New Hanover County Registry. Assignment of Rights and Responsibilities Under Indemnity Agreement between Riverfront Developers and Scarafoni Associates NC, Inc. recorded in Book 4246, Page 889, New Hanover County Registry. F. Easement to Tidewater Power Company, recorded in Book 254, Page 330, New Hanover County Registry. G. Rights of others in and to the continued and uninterrupted flow of ditches, which affect the property conveyed hereby. H. Covenants, conditions, restrictions and easements contained in instrument recorded in Book 4632, Page 113; Book 4925, Page 2533 and Book 5646, Page 1465, and any amendments thereto, if any, New Hanover County Registry, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. 1. Affidavit(s) recorded in Book 5121, Page 1913 and Book 5121, Page 1966, New Hanover County Registry. RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 5 RECEIVED APR 2 2 2020 DCM-MHD CITY Book 6232 Page 2360 EXHIBIT A To Special Warranty Deed PROPERTY DESCRIPTION Being all of Tract 4 as shown in map entitled "Recombination Plat for Riverfront Holdings II LLC as recorded in Map Book 59, Page 55, New Hanover County Registry, reference to which Is hereby made for a more particular description and being a portion of the property conveyed in Deed Book 6007. Page 1025. Together with Private Access Easement granted in Book 5864, Page 2298 and further described as: A certain tract or parcel of land being a "Private Access Easement" over a portion of "Tract 3" (Map Book 59, Page 55) and being more particularly described as follows: Beginning at a point on the western right of way of Old Front Street (66 ft. public right of way) and the western terminus of Harnett Street (66 ft. public right of way), said point being located S 38-44-51 W 46.67 ft. from the intersection of the right of way of centerlines of said Harnett Street and Old North Front Street: Proceed from said point of beginning S83-44-36 W. 150.87 ft. thence S 46-34-06 W 20.71 to a point in the line of said "Tract 3", thence with the lines of said "Tract 3" S 83-44-36 W 157.03 ft., thence with a curve to the left having a radius of 28.50 ft. a chord S 12-20-52 W 23.24 ft., thence with a curve to the right having a radius of 56.50 ft. a chord S 41-4113 W 90.72 ft. thence leaving said lines of "Tract 3" and with a curve to the right having a radius of 56.50 ft. a chord N 46-25-13 W 70.33 ft., thence N 07-56- 23 W 53.07 ft., thence with a curve to the left having a radius of 23.43 ft. a chord n 70-45-55 E 21.07 ft. thence with a curve to the left having a radius of 29.50 ft. a chord N 18-48-43 E 30.54 ft., thence N 12-22- 00 W 9.60 ft., to a point in the line of said "Tract 3", thence with said "Tract 3" line N 83-43-46 E 31.18 ft., thence leaving said "Tract 3" line S 12-22-00 E 6.29 ft., thence with a curve to the left having a radius 67.50 ft. a chord S 69-42-49 E 11.80 ft. thence with a curve to the left having a radius of 18.50 ft., a chord N Bf-24-05 E 20.64 ft., thence N 47-30-13 E 3.78 ft., thence N 36-10-13 W 19.20 if, thence N 06- 16-14 W 18.12 ft., to a point in the line of "Tract 3", thence with said "Tract 3" line N 8343-46 E 120.06 ft., thence leaving said "Tract 3" line S 06-1"1 E 8.49 ft., thence N 83-44-36 E 218.60 ft. to said western terminus of Harnett Street, thence with said western terminus S 06-14-54 E 45.00 ft. to the point of beginning. H RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 RECEIVED APR 2 2 2020 DCM-MHD CITY Book 6232 Page 2359 IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. GRANTOR: NRMH HOLDINGS, LLC, allorth Camluia limited liabilitycompany By: Name: cha ` Title: STATE OF NOr+h C0-"ti && 4 4 COUNTY OF N944.) PA -A M✓ 4 1 hereby certify, that on h f r I 1 a► 2019, before me the undersigned authority personally appeared �{tA/ e4StLun[ne4✓ _� nA� !V ofNRHM I HOLDINGS, LLC, &Noah Carolina limited lia ility company, known to me to be the person described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to be their , free act and deed, for the uses and purposes therein expressed. Notary Public, State of J-0047 n I I(1, \\\llllll//// Printed Name of Notary: Yri I[� ng .%`'o%aA NF1''�. '' Nt1t �� My Commission Expires: J ) a a' %&OTApy fZAM�'I►F.HIl'41111\v \\`: RECEIVED DCM WILMINGTON, NC Signature Page to Deed MAR 0 3 2020 RECEIVED V APR 2 2 2020 DCM-MHD CITY Book 6232 Page 2358 TOGETHER WITH all the buildings and improvements on the Property; and all rights -of -way, alleys, ways, waters, easements, privileges, appurtenances, and advantages, to the same belonging or in anywise appertaining; and all the estate, title, right, interest and claim, either at law or in equity, or otherwise, of Grantor of, in, to or out of the Property, and all right, title and interest of Grantor in and to the land lying in the bed of any street, road or highway (open or proposed) in front of, adjoining or servicing the Property, including condemnation awards or payments in lieu thereof after the date hereof as a result of a change of grade, alignment or access rights. The Property was acquired by Grantor by instrument recorded in Book 6007, Page 1025, New Hanover County, North Carolina. The Property does not include the primary residence of a Grantor. TO HAVE AND TO HOLD the aforesaid Property the aforesaid Property together with the buildings and improvements thereon and all rights, privileges, easements and appurtenances thereto belonging to the Grantee in fee simple. And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Notwithstanding the foregoing or anything to the contrary, Grantor makes no representation or warranty of any kind, including any warranty of title, with respect to the conveyance of any easements, including, without limitation, any easements described on Exhibit A attached hereto and made a part hereof (collectively, the "Easements"). The Easements are conveyed by Grantor to Grantee without representation or warranty of any kind by Grantor. Title to the property hereinabove described is subject to the following exceptions Ad valorem taxes for the year 2019. The encumbrances described in Exhibit B attached hereto and made a part hereof The agreement described in Exhibit C attached hereto and made a part hereof. [Signature Page Follows] RECEIVED APR 2.2 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 N. Book 6232 Page 2357 01 Excise Tax Tax Lot No. Verified by by BK: RB 6232 �III�NIYIII6tI��II�I�III N� PG: 2367-2364 RECORDED, 2019022938 NC FEE SM.00 07-252019 NEW HANOVER COUNTY, NC STATE Of NO 11:11:46 AM TAMMY THEUSCH BEASLEY REAL ESTATE BM STEPHANIE PEREZ REGISTER OF OEE➢S ExTx 5650000 DEPUTY Recording Time, Book and Page Parcel Identifier No. R04716-001-026-000 County on the _day of , 20_ Mail after recording to: Reed Smith LLP, 7900 Tvsons One Place, Suite 500, McLean, Virginia 22102, Attention: James C. Brennan This instrument was prepared by: Parker Poe Adams & Bernstein LLP (prepared without title examination) wary NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this Ion+h day of July, 2019, by and between GRANTOR NRMH HOLDINGS, LLC a North Carolina limited liability company 720 N. 3"Street, Suite 301 Wilmington, NC 28401 GRANTEE WILMINGTON OWNER, LLC WATERFRONT PROPERTY a Delaware limited liability company 8255 Greensboro Drive, Suite 200 McLean, Virginia 22102 z RECEIVED APR 2 2 2020 The designation Grantor and Grantee as used herein shall include said parties, their heirs, success60,GM-MHD CITE( 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 of that certain lot or parcel of land situated in New Hanover County, North cko—w. gVED more particularly described as follows (the "Property"): DCM WILMINGTON, NC See Exhibit A Return to: 051" b , UQ,pa,v 1%t4 MAR 0 3 2020 RETURN TO: Commercial Title Group a division of BridgeTrust Title Group 1320 Old Chain Bridge Road, Suite 210 McLean, VA22101 !Rd- 0A Downtown Wilmington Riverfront Project CAMA Major Permit I F ( u Appendix B City of Wilmington Zoning Map NC MAR 0 3 2020 61;' APR 2.2 ZULU -- DCfiA-MHD-CITY__------- - Downtown Wilmington Riverfront Protect CAMA Maior Permit F CI; Appendix C Kettler Wilmington Riverfront Vicinity Map NIAP 0 3 2020 71 Downtown Wilmington Riverfront Proiect CAMA Maior Permit -,�D L_ , Appendix D DWR NECFR Water Classification Maps Surface Water Classifications. rear, = 18-74{61i Steam name. Northeast Cape Fear n :e Descr•ovon. From mouth of Ness Creek to Cape Fear R ver Classifcat;on. SC;Sw Cate of Class.. March 31. 1959 R ver 3as'n_ Cape Fear What does th a More n-o Class means r Zoom to V, B!::f w, cli- St ez 1vve r peli S4 81 I _ RECEIVED APR 2 2 2020 Ocu4so Apr RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 Downtown Wilmington Riverfront Project CAMA Major Permit c7F (_iI IJ m 0 0 U Appendix E New Hanover County Flood Map N0 r ._ O O t 'fl.y 0 z,z t9„ 00 O O flu4: C,i" O O_ `S l ,:arcs PCT ANNUAL CHANCE FLOOD HAZ.'.J O AE . AE FLOODWAV . VE O _ X 1 PCT FUTURE CONDITIONS x 0 ' i O I gpg — i _ t. O 0 RECEIVED APR 2 2 2020 DCM-MHO CITY RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 Downtown Wilmington Riverfront Project CAMA Major Permit 5F Cli Appendix F Google Earth Historical Aerials 101 Downtown Wilmington Riverfront Project CAMA Major Permit SF cli 2015 2ol, 2019 R "SY 0 a Y >• RECEIVED APR 2 2 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC MAR 0 3 2020 J1.1i0 113HIN-IAI00 UP 9 9 adv ` 03A1303b i '— PROP BULKHEAD ALONG MEAN HIGH WATER LINE PROP TOP OF BULKHEAD ELEV. = 9.0 238 CY OF MATERIAL TO BE EXCAVATED - PROP 4,450 CY FILL MATERIAL REQUIRED PROP 257 LF OF BULKHEAD OP 67,098 SF IMP WiTHiN PROPI 15,790 SF IMP VWTHIN 75 FT 6,246 SF IMP WITHIN 30 FT BU EXISTING CITY OF WILMINGTON RIVER WALK EXISTING CITY OF WILMINGTON STORM DRAIN PROP BULKHEAD ALONG MEAN HIGH WATER LINE PROP TOP OF BULKHEAD ELEV. = 9.0 7� 15 R/PAR/AN CORR/ `\ L " / 7 � PROP 30 LF OF BULKHEAD OFF91E CONNECT TO EXISTING BULKHEAD I 20 D 40 :1 121 M IT 7�\ •WHOLE SITE STORMWATER TREATMENT &0I611� -�"i"-J NRMH HOLDINGS, LLC GENERAL N 0 TES: R04716-001-015-000 I' ZONING CBD 1. NEW HANOVER COUNTY PARCEL 6. BASE FLOOD ELEV. = 9 + 2 FT LAND USE — DEVELOPED NUMBER.: FREEBOARD = MIN FF OF 11.0 DB 6042 PG 2800 PID = R04716-001-026-000 7. SHE ADDRESS 19 HARNETT STREET 2. TOTAL PROJECT AREA: 77,724 SF 8. ASBUILT, BOUNDARY AND (1.78 AC.) TOPOGRAPHIC SURVEY PERFORMED 3. EXISTING ZONING DISTRICT.• COD AND PROVIDED TO CSD ENGINEERING 4. LAND CLASSIFICATION: CONSERVA110N BY HANOVER DESIGN SERVICES RESOURCE WR71CAL DATUM = 68 5. 7HIS SITE IS LOCATED IN ZONE AE 9. OWN WILMINGTON (EL 9) ACCORDING TO 7HE FEDERAL PROPERTY OWNER, LLC EMERGENCY MANAGEMENT AGENCYS 160 MINE LAKE CT. FLOOD INSURANCE RATE MAP, APR 0 1 2020 SUITE 200 COMMUNITY —PANEL NUMBER RALEIGH, NC 27615 3720JI1800 L. DATED: 8128118. UCM WILMINGTON, NC (9 CSD ENGINEERING �.raari c-nro uw n.uawc i,�DooDDK P.¢ Wr D➢DI m'" /F SDILtl (DID) AI -HI/ ;I] ;i Q � `i•. U 3 �« � WA mnxD1 or. aw a+cam or. Hvr Pxaccr xa: o�-o,u SHEET 1 OF 5 3/3,1,020 .LLI� �Hw-tN�C4 OZO? Z 9, ddC z IL O 9 03AI3338 _ In ,w,u.. w�+, w..,eA saan,r�w w.a„ree,oxeae.ec wm,u[ Z V i01 SBA W J n m .avrDSFDDaz s _ ____________---------------- _ "� -__-------------------- ---- 7 $ ME H. 00 WwN IO eErR.,OYEDE6 .wwvuH mmnea�.vam N nE MEHAaD.g.s, W V SITE PROFILE SCALE: 1' is approabortely 17' mpg m� 0 O Z J � � m J�...Z$Z z O W Ir Y3 LL Cc 3 > Q w » w RECEIVED APR 0l 7"M SHEET 20F 5 SITE PROFILE 3/31/2020 SCALE Y Is apprmdmately17' DCM WILMINGTON, NC _ A113 ®HW-YYOU 0707 9 Z add 03AI3038 NORMAL HIGH EL_9.0 EL. 6.0 EL. 0_0 MSL DATUM EL. -1.0 EL. -0.0 EL. -16 BULKHEAD TYPICAL SECTION SCALE: 1 /2"=1'-0" 1" 0 BOLT, TYP- J C12X20.7 1 Yz" 0 TIE ROD @ 10'-1 Yz' O.C. BULKHEAD PLAN SCALE: 1 /2"= V-0" Kettler Wilmington Waterfront Bulkhead Detail SHEET 3 OF 5 3/31/2020 APR 01 2070 UCM WILMINGTON, NC J1110 CIFiVV-YV00 QZOZ Z Z adG 03AI3031j KETTLER WILMINGTON WATERFRONT DEVELOPMENT 7TESTUARINE SHORELINE AEC MATERIALS WITHIN 75' AEC EXHIBIT 30' ESTUARINE SHORELINE BUFFE BRICK PAVE S (IMPERVIOI'd ) STONE FINES/� CONCRETE AVERS (PERVIOUS) (IMPERVIO�IS) /� RMII E--- / (PERVIOUS) CONCRETE P VERS I (IMPERVIOU ) / I CONCRETE®RVEMENT (IMPERVIO LAVSCAPE (P VIOUS) I 77---------- — STONE FINES ,(PERVIOUS) JD"IS> CAMA Submission I (PERVIOUS) _~TI I �STONE FINES .�(PERVIOUS) I ARTIFICIAL TURF (IMPERVIOUS) CONCRETE PAVEMENT ` (IMPERVIOUS) Wilmington Riverf,ont Apartments I Wilmington, NC LANDSCAPE (PERVIOUS) U� ONCRETE PAVERS (PERVIOUS) 45,107SF Building TOTAL AREA WITHIN 75' AEC +/- 19,430 SF CONCRETE PAVEMENT +/- 3,410 SF GRASS +/- 3,265 SF STONE FINES +/- 210 SF BRICK PAVERS +/- 850 SF CONCRETE PAVERS +/- 950 SF TOTAL BUA WITHIN 75' AEC +/- 15,955 SF PERCENT BUA WITHIN 75' AEC +/- 82% TOTAL AREA WITHIN 30' BUFFER +/- 7900 SF PERCENT BUA WITHIN 30' BUFFER +/- 79% ASPHALT PAVING Z11/ �11(IMPERVIOUS) CONCR (PERVIO BRICK PAVERS J (IMPERVIOUS) RECEIVED APR 01 % I DCM WILMINGTON, NC SHEET 4 OF 5 3/31/2020 NOT TOO SCALE A113 ozoa 0 z NI» Cr IJPNM r .tuhvr-(vP(r NMIR nnrx(i naJtL vlD wIs auD "� •` OLD nkONN J PLpL� _ •'(' a�flr+ _ a+P� - - I LA FN41NW. .i Qf%I"T.rla a sSir % + . � _• gs�Aeq,. 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NM�%RnW N S YLI( DCM 2020 11 O tmpp RECEIVED A WILMINGTCN. 00 0 2 2013 NC i aHW-Waa Z 9. ddV EAsumu a aD' EASEMT A* NIMUH RLK CITY Au " FALfAv m LLC — BOOK W30 Mar am Coastal Marsh Pocket = 62.2-sgft Coastal Marsh Pocket = 93.6-soft n ♦ , i� 4 l�O�C Ji •, •4��' is ES- UE WHIN A VED BY THE FEDERAL 7 DESCRIBED PROPERTY ZONE DESGNA77ON -r, AIANAawENr AGENCY IP NO, = W7H A V ry IN WICH CURRENTS� .LEY RIGHT -OF- WAY L PAW J) INDICATE; 607f Sq.Ff. 0.01Jft ACRES Ni17FRNIYYm LUIS OF CLMSTAL NERANOS - FLAOLiD or NC Ommm OF CDASTK YANACBmvr ELBLVMr ON 5/1I/72 Proposed Wetland Fill (cross hatched area) _ 1,402-sgft Em / / NMIERNNAD L,a11TS I / PDO OEM FiA ,Q'�D / GYLASTK YAMAGkLar r t)YPtO?EE OM S/I1/1? / a ames L 77f / or COASTAL NFI AWS 0.0018! ALMS FlAAMED BY NO MWSM LANDIIMIn LM1S OF COASTAL NANA�Ir OF COASTK *TAM — F]ARLOYEE ON a/Y1/)s �Ti1L MCL�' N—,o L ANAGEM EYW oym av LS//1/17 wff d FOR Rl NuffIO7 PAGE r — — Ewa CL 73* y S $ = H � IL N O M I� LL Q C � � A 0 0 N "C VO a 2 w v a o' 0�Ile,� 0 aC v al p1 as W N E 'O l0 ;a m c gm W N Lh Q O Q� .0 m a g E � Av c DCM WILMINGTON, NOM WILMIN(YI ON, NA MAR 0 3 2020 oc1 0 2 2011