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HomeMy WebLinkAbout62-20 Yacht Basin Holdings II LLC'Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermit oQy for G X Major Development in an Area of Enviromnenta Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Yacht Basin Holdings II LLC 32520 Archdale, Chapel Hill, NC 27517 Permit Number 62-20 Authorizing development in Brunswick County at adi. to the AIWW within the town of Southport, at 122 Yacht Basin Dr. as requested in the permittee's application dated 10/30/19, including attached workplan drawings (4) dated revised on 1/13/20. This permit, issued on May 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 if these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null ana vota. Dockine Facility Expansion 1) This permit authorizes only the floating docks, tie pilings, and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility expansion without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby ^1A Signature ofPermittee V Yacht Basin Holdings II, LLC Permit No. 62-20 Page 2 of 3 ADDITIONAL CONDITIONS 3) Should either Lots to the north or south be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 4) This permit authorizes a maximum of 10 formalized boat slips. 5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. USACE Conditions 8) 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 9) 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. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2020-00297). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-0223. Yacht Basin Holdings H, LLC ADDITIONAL CONDITIONS Permit No. 62-20 Page 3 of 3 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: Permit #:(0 a - Permittee: Agents:_ DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington yak y�,(OBJECTIONS ) US ACOE Offices: a 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: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson DCM Coordinator: Gregg Bodnar rQ w County: Permit #: 'y Y ��1 \V L1-,11,1/t9�1L VIV 11\IVV I Circle on Bio Repo Permit for: Oversize Pt k 0 DCM Offices: Morehead City: PT (if oversize) via Courier N *cc Gregg & Amanda on group email w/ .narr.app.drawings, deed, comment sheet *MHC documents (Gregg & Amanda) V Wilmington: Original hard -copy _,L_ ONLY USACE & DWR (wNo): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: t& aUret Co): PN, CL, Reports, Split Sheet (until territories are decided) ilmingtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet. Div of Water Resources: Rolbb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet _ Div of Water Resources: , Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ --- ------- — ------- ----- Marine Fisheries: ✓Anne Deaton (temporary) w/Reports _ DCM Planner/WIRO: 'Mike Christenbury _ Cultural Resources: Xenee Gledhill -Earley EnvironmentaLReview(aDnodenraov_ Natural Heritage Prog. Ntodney Butler_ DCA-Rural Eco. Dev: v4lark Ziegler _ NC DOT: w4avid Harris _ Wildlife Resources: VWaria Dunn w/Reports State Property Office: K' Walton: DEED ike Moser _ anda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: remy Humphrey (Bio) / Sharon Gupton, Admin. DEMLR: Xhristine Hall - Stormwater Sectionn Sams - Land Quality Section Public Water Supply: 4idi Cox -/iEetttrymT•huretea� Enforcement: " f�lcl Re: A� '0 I,6 Co. LPO L Ulf/ Agent: DISTRIBUTED: (� Updated 1/&20 CAMA/Shaun majors docs/e'Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Yacht Basin Holdings 11, LLC do Bridget & Jim Chirico COUNTY: Brunswick PROJECT NAME: Yacht Basin Eatery LOCATION OF PROJECT:122 Yacht Basin Dr., Adj to AIWW, Southport DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-31-20 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: MacPherso DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMI UNIT: APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 2-14-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 4-15-20 HOLDS: MAIL OUT DATE: 2-11-20 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 (no split) #1522 END OF NOTICE DATE: 3-6-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 3-6-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 11, -10 -zo DCM - LUP Consistency Determination 3 "2 �' A Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section N- - %FJ ZUj0�Qu3 4LHl�h DWR- Public Water Supply Z- is DEMLR - Stormwater Z`�Z 2CP DEM LR - Sed and Erosion DOA - State Property Office— i Wildlife Resources Commission 3 ' 3 - DMF - Shellfish Section I- la - ljo DMF - Habitat & Enhancement 3 -I5 "24 DNCR - Archives & History 3-4-24 DNCR -Natural Heritage Program NCDOT RECEIVE NC Dept of Commerce i !p QG"HD CITY FEB 13 2020 NC Division of Coastal Management Major Permit Application Computer Sheet DCM-MHD CITY AEC: Cape Fear/AIWW Fee:$400 #1522 CDAITS _ MHC cc Applicant: Yacht Basin Holdings/1, LLC c/o Bridget d Jim Chirico Agent/Contractor: Land Management Group/Steve Morrison 8 Greg Finch Project Site County: Brunswick Staff: Tara MacPherson District: Wilmington Project Name: Yacht Basin Eatery Raver File: River Basin Initial date of application submittal: 01-13.20 Date application "received as complete" In the Field office SITE DESCRIPTIONIPERMIT INFORM)TION A ORW: Yes To PNA: ❑Yes No Photos Taken: Yes No Setback Required (riparian): Yes ❑No Critical Habitat: UYes No of Sure 15 foot waiver obtained: Yes No Hazard. tification Returned: ❑Yes SAV: ❑Yes No Mot Sure Shell Bottom: ❑Yes o Not Temporary Impacts: 99yes ❑No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use classif t n come Mitigati Required (optional): from county LUP: ❑Yes No ❑Yes �A(o Moratorium Conditions: Environment"sessment Done: Length of Shoreline: ❑Yes ONa ❑NA ❑Yes ❑No I.10NA FT. Shellfish Area ' ation: Project Description: (code) Development Area: (code) r C Open -olosed f\� SECONARY V TER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) El High Quality Waters (HQW) Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) D (SS) Glasswort ( Salicornia sp.) wetlands) El (CJ) Saw grass (Cladium jamalcense) El ($A) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) LJ (JR) Black needlerush (Juncus Ll (SP) Salt/meadow grass (Spanina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 ❑ III(A) Private wi D&F up to 1 acre; 3490 ❑ I II(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 [ DCJ O Nk ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 acre; 4144 can be applied - $400 ❑ Major development extension request - II. Public or commercial/no dredge $100 Pforfll-$400 1 El I. Private no dredge and/or fill - $250 El III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Yacht Basin Holdings II, LLC Date: 01-13-20 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 Work Re ace Maint ❑ VY ❑ N S New Work a ace �l Maint ❑ Y ❑ N J New Work Re ace 1 T Maii- ❑ Y ❑ N New Work eplace Malnt ❑ ❑ Y ❑ N New Work El Replace Melnt ❑ ❑ Y [IN New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoratlon or and/or temp restoration or temp impact tamp Im acts) _impact amo nt) tamp Impacts) amount NNDredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ RECEIVED FEB 13 206 DCM-MHD CITY 919.733.2293 :: 1.088-4RCOAST n www ncce_astalmanagement nat revised: 10112106 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 1/2812020 Davey Resource Yacht Basin United 1522 $400.00 major fee, 122 Yacht Basin Dr, Tmac rct. Group, Inc. Holdings II, LLC Bank Southport BrCo NO Split 10981 I F B 13 2020 DCM-MHD CITY Major Permit Fee Schedule 01 Project Name: wo �* County: Fv\--� Check No & Amount: DCM % DWa % Development Type Fee (14300160143510009316256253) (2430016024351000962341) I. Private, non-commerclal development that does not Involve the filling or $250 ($250) D% ($0) excavation of any wetlands dr �O% open water areas: Il. Public or commercial development that does not Involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality - Certification No. 4175 could be applied, but OCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: _ III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED FFB 13 2020 OCM-MHD CITY DCM Coordinator: Gregg Bodnar County: �►,,�1'y ,— Permit N: WI O E-MAIL DISTRIBUTION SHEET Circle on Bio Repo Permit for: �G�? Oversize PI nt: 141 V If DCM Offices: Morehead City: PT (if oversize) via Courier `cc Gregg & Amanda on group email w/ gifi.narr.app.drawings, deed, comment sheet 'MHC documents (Gregg & Amanda) Wilmington: Original hard -copy / ONLY USACE & DWR (Mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: �L31lEret Co): PN, CL, Reports, Split Sheet _ (until territories are decided) ilmingtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet _ Div of Water Resources: obb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ --------------------- - --------------- Marine Fisheries: ✓Anne Deaton (temporary) w/Reports DCM Planner/WiRO: / 1Mike Christenbury _ Cultural Resources: /enee Gledhill -Earley EnvironmentaLReviewfnodenraoov Natural Heritage Prog. Mtodney Butler_ DCA-Rural Eco. Dev: NC DOT: dark Ziegler "David Harris _ Wildlife Resources: Voar/ia Dunn w/Reports State Property Office: liWalton: DEED ike Moser _ anda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: my Humphrey (Bio) / /Shraron Gupton, Admin. / DEMLR: Christine Hall - Stormwater Section ✓DDan Sams - Land Quality Section Public Water Supply: 4idi Cox /RatfI yl. To nretea� (� Enforcement: I�,r'�`Jld Re Co. LPO v" RECEIVED Agent: 1 FEB 13 2020 DISTRIBUTED: 0 V DCM-MHD CITY Updated 1/6/20 CAMA/Shaun majors docsre Agency List Recommendations for State Permit— Yacht Basin Holdings II LLC 2110120 The additional total platform area was calculated as follows: Floating Dock = 32 ft. x 6 ft. =1,530 sq. ft. x 2 = 384 It is the staffs recommendation that the proposed Boating docks and mooring pilings proposed adjacent to the developed Southport Yacht Basin area and the AIWW is CONSISTENT with the Rules of 15 NCAC 7H.0208 (b)(6). This office has no objection to the proposed work provided it is consistent with all other state and federal permitting requirements. a D Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington North Carolina Z8405 910.796.7215 RECEIVED FEB 13 2020 DCM-MHD CITY ROY COOPER r�,t Governor (. MICHAEL S. REGAN secretary BRAXTON DAVIS NORTH CAROLINA Director, Division ofComta! Environmcnial 0whij• Management February 11, 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.bodnarna NCDENR.gov SUBJECT: CAMA Applicant: Yacht Basin Holdings 11, LLC Project Location: 122 Yacht Basin Drive, adjacent to A1WW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) Floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by March 6, 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 Dan Sams AGENCY DEMLR RECEIVED SIGNATURE �an(ere�av FEB 1 2 2020 DATE February 11, 2020 IVpP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER- _ �< \dICHAF:L. S. RC:GAN BRAXTON DAVIS February 11, 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. bod naraNCD EN R. goy SUBJECT: CAMA Applicant: Yacht Basin Holdings II, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by March_6, 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 /!te/H &v,,' AGENCY Ra.bike 4JQ ter ��Iv SIGNATURE - 0%� &, DATE a -r1 -d o Slam or Nnnh Carolma l F.n,, rorno w,11 ntm Iiry con"a I Nfanngenmm 127 0rdin.1 Drive Ear., wilmiugtoo, NC 28405 919 1196 721i RECEIVED FEB 14 ZM MP SECTION DCM - MHD CITY a ROY COOPER MICHAEL S. REGAN <w BRAXTON DAVIS G.INA Drecmr. Di: i,tun gM,acu! February 11, 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 NCD EN R.gov SUBJECT: CAMA Applicant: Yacht Basin Holdings It, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. 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 March 6, 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 RECEIVED AGENCY NC DMF - Shellfish Sanitation FEB 17 2020 '/ MP SECTION SIGNATURE for Shannon Jenkins DCM • MHD CITY DATE 02/14/2020 State ofNorth Caroline I Eneitonmemal Quality I Coastal Management 127 Catdinal Drive E.L. Wilmington, NC 28405 919 796 7215 ROY COOPER 1 MICHAEL S. REGAN BRAXTON DAVIS February 11, 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(rDNCDEN R.cov SUBJECT: CAMA Applicant: Yacht Basin Holdings 11, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. 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 March 6, 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 M /I r'k ?__ 2 I 'Pi I & r AGENCY �v (, t� Y12t. D T i% M M A--V' f. REMM wag 0 i = SIGNATURE ovw,, MP SEC QN DOM • MHD CM DATE 3 3 12,11) Slate or Nwh Carolina IHmitmtmamal Quality'. Coaual Mmar.,.nl 127 Cardinal Dive Ext.. Wilmington. NC 28405 919 796 7215 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS February 11, 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) e Bodnar NCDENR.c SUBJECT: CAMA Applicant: Yacht Basin Holdings It, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. 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 March 6, 2020. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7256 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 N1 4 I � T. inn r\ AGENCY �� (� c. RECEIVED MAR 0 3 2M SIGNATURE MP SECTION DCM - MHO CITY DATE 3-3-202o Statc of Nonh Carolina I Hnvironramial Quallty'i Coastal hUrtagcotmt 127 Cardinal Drive Bet., Wdnu.g4m, NC 28405 9197967215 ROY COOPER „ ... (invenmr -- MICHAEL S. REGAN �.:n .Samrrmr BRAXTON DAVIS {q,)2TPl :A 4O1.riA Dim, u".1), i"'m, n((basful n,>.:: ,. 1, r hlmmgmnrm February 11, 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(cbNCDENR.gov SUBJECT: CAMA Applicant: Yacht Basin Holdings ll, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by Marpb,,B,^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. F r[�OP This agency approves of the project only if the recommended changes are incorporated. See attached. lb This agency objects to the project for reasons described in the attached comments. �RINT:NAl111E W Lt-nc�Q h+r I � i Ctr"d P 03-03-&0 RECEIVED MAR 03 101II MP SECI'IUN DQM - MHD CITY Slate of North Carolina I Fnvironmenul Quality; Coastal Management 127 Cardinal Drive Ent., Wilmington. NC 28405 919 796 7215 r Roy Cooper, Governor North Carolina Department of Administration State Property Office March 3, 2020 TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 n o FROM: Wanda Hilliard Real Property Agent Department of Administmtion/State Property Office SUBJECT: CAMA / APPLICATION REVIEW Yacht Basin Holdings II, LLC LOCATON: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Machelle Sanders Secretary Tim Walton Director Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mail Service Ctr. 1 Raleigh,NC27699 9198074650 TI Web: http://www.ncspo.mm RECEIVED MAR 0 3 2020 MP SECTION DCM - MHD CITY ROY COOPER 1 Governor MICHAEL S. REGAN secretwy ..O BRAXTON DAVIS Director, Divivinn ofCaasml Management February 11, 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. bodnaf(&NCDENR.Qov SUBJECT. CAMA Applicant: Yacht Basin Holdings 11, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Great Bodnar at the address above by March 6, 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: XXX_ This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME: Rodney A Butler RECEIVED AGENCY: NC Natural Heritage MAR 04 2M MP SECTION SIGNATURE Rodney A Butler DCM - MHD CITY 7_\I �1D K1yb: State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 I�rN�tt�Zla. February 11, 2020 MEMORANDUM.' FROM: SUBJECT. Applicant: Project Location: Proposed Project: Received: 02/18/2020 Historic Preservation Office ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS ER 20-0355 Due: 02/26/2020 Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management A- FaxxCommerce Avenue, :252-247-3 30(Courierr11-1Z009)ead NC26557 SY+'(Iq/Zo7e greQQ.bodnar(rDNCDENR.Qov Due: /700ZO CAMA Yacht Basin Holdings 11, LLC S-- 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by March 6, 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 Renee Gledhill -Earley AGENCY Historic Preservation Office RECEIVED ./� MAR 06 2020 SIGNATURE UYx MP SECTION C DCM - MHD CITY DATE 5 , J .(9,D Su 1uhonh Ci Dn%e t. rtmmigio.\C2 05 197%7215 FEB 19 2020 127 Cardiiwl Dna Est. N'ilmin�0on. VC 3&105 919796 RIS ROY COOPER Governor fi< MICHAEL S. REGAN Secretary My' BRAXTON DAVIS NORTH CAROLINA Director, DNo,,m oJCo.1.1 Environmental Qunlity Management February 11, 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) c rec c. b od n a r(a) N C D EN R.g ov SUBJECT: CAMA Applicant: Yacht Basin Holdings It, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. 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 March 6, 20207 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. RINT NAME Anne Deaton t� GEN0 0IGNATURE ATE DMF 3/13/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919796 7215 RECEIVED MAR 1 3 7M MP SECTION DCM-MHDCRY MEMO To: Curt Weychert ' From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Yacht Basin Holdings, City of Southport — Brunswick County Date: March 24, 2020 The applicant proposes to replace and modify two floating docks and add 4 pilings at an existing commercial docking facility for a total of 10-slips. Areas of Environmental Concern (AEC's) impacted by the proposal are Estuarine Waters, and Public Trust Areas. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the City of Southport Land Use Plan and offer the following comments. The general area of the project is classified developed, while the AECs impacted by the work are classified as Light Commercial/Open Space. In general, the City of Southport allows development in Light Commercial/Open Space classified AECs which is consistent with the State's minimum use standards. The Southport Land Use Plan contains some policies which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the City of Southport Land Use Plan. Cc: File RECEIVED MAR 212020 MP SECTION DCM - MHO CITY Weychert, Curtis R From: Mairs, Robb L Sent: Wednesday, April 1, 2020 10:50 AM To: Weychert, Curtis R Cc: Benson, Tyler G Subject: RE: upcoming projects and information Roger that Curt. We will include this into the application, and based on these determinations, this would not require written approval from the DWR. We will follow up with a letter as well. (Yacht Basin Holdings II-DWR 2020-0223 through GC 4175). Thanks, From: Weychert, Curtis R Sent: Wednesday, April 1, 2020 10:42 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Benson, Tyler G <Tyler.Benson@ncdenr.gov> Subject: RE: upcoming projects and information Robb, I forgot to mention my conversation with Jonathan about this project. Jonathan said that we would consider the project to be 10 slips because the dock on the southern boundary is on the riparian property line (waived 15' buffer from the neighbor) and we wouldn't be able to regulate dock usage on a riparian neighbors corridor. Cant remember if we already talked about this on the phone, but I wanted to relay Jonathan's thoughts on the project. I also talked to Jeremy Humphrey to see if the potential for additional slips on the riparian neighbor would affect the comments he provided and he said that in either circumstance, it wouldn't cause a concern for additional shellfish closures in the area, nor trigger a "marina" concern. Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. WevchertCa)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 From: Mairs, Robb L<robb.mairs(@ncdenr.eov> Sent: Tuesday, March 24, 2020 4:31 PM Ar To: Weychert, Curtis R <curt.wevchertC0Dncdenr.eov> Cc: Benson, Tyler G <Tvler.BensonCa@ncdenr.gov> Subject: RE: upcoming projects and information Hey man, thanks for the email, and sorry for the delay. I have copied Tyler Benson as well since he has been assisting me on 401 projects until we get vacant position filled. -Derbyshire- assigned as DWR 2020-0210, and will not require written approval through our GC 4175. Letter will follow. -Yacht Basin- assigned as DWR 2020-0223. This appears to not require written approval with up to 10 slips per our GC 4175; however, the proposed floating dock on the most southern portion of the site appears to accommodate another two (2) slips on the southern side that are not numbered on Sheet 3 of 4, which would make it up to 12-slips and require written approval. Let me know if I'm missing anything. -Culamander- assigned as DWR 2020-0272. This appears to not require written approval if this is deemed as maintenance excavation from DCM. I seethe fee schedule is 100% per Tara. If this is in fact new excavation, this will require written approval. Thanks again for the support, and likewise, let me know if there's anything on my end I can do to assist you. Mm Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb. mairsna.ncdenr.00v https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-bra nch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension Wilmington, NC 28405 D ~ �.�.. . 9 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Friday, March 20, 2020 4:49 PM To: Mairs, Robb L <robb.mairs@ncdenr.sov> Subject: upcoming projects and information Hey Robb, hope everything is well on your end amidst this strange situation. I was just checking in on a few projects and things in general to touch base on. There have been a few project deadlines over the last couple of weeks that I don't know if you have had a change to look at or comment on. Those projects are Derbyshire, Yacht Basin Holdings LLC, and the Cumaander project. If you haven't received anything on those projects, let me know. I'm also waiting on some guidance from Jonathan or Braxton about how we plan on dealing with things moving forward if there are restrictions on work being done. Hopefully soon we will find out if we are going to put projects on hold or ask for extensions etc. As soon as I find something out I will keep you in the loop. Also, if there is anything that I can help with to lighten your workload please let me know because I imagine you're already overwhelmed before this whole situation started. Hope all is well, Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. Wevchert(a)ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 D_EQ G'nnww�. 0t 1\ Jr U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00297 County: Brunswick County U.S.G.S. Quad: Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Jim Chirico Yacht Basin Holdines II, LLC Address: 32520 Archdale Chapel Hill, NC 27517 Telephone Number: Size (acres) Nearest Waterway AIWW & Cape Fear River USGS HUC 03030005 Location description: Nearest Town Town of Southport River Basin Cape Fear Coordinates Latitude:33.916575 Longitude:-78.023192 RECEIVED APR 2 2 2020 MP SECTION DCM - MHD CITY Description of project area and activity: The proposal is to replace and modify two (2) 32 feet by 6 feet floatine docks to create a total of ten (10) boat slips The proposed dock structure will cover 384 square feet of Waters adjacent to the AIW W and the Cane Fear River. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) E Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdL SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached RGP-56 General and Special Conditions, the Special Condition above, your submitted application and attached drawings dated October 21, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. t If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 251-4707 or Gregory.E.Currev(ii),usace.armv.mil. CURREY.GREGORY.EUGE oyn.q,ro•.n nv Corps Regulatory Official: NE.105101 1950 / "o oA:» w�'<°op" ° Date: Aori122.2020 Expiration Date of Verification: December 31, 2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. El . There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® Ajurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer RECEIVED 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APR 2 2 2010 MP SECTION DCM - MHD CITY In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. CURREY.GREGORY.EUGEW Digitallysigned by CURREY.GREGORY.EUG EN E.1051011950 Corps Regulatory Official:E.1051011950 6ete:2020.04.2216:25:47-04'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htto:Hcori)smaou.usace.army.mil/cm apex/f?p=136:4:0. Copies furnished by email: Steve Morrison (Land Management Group) Tara MacPherson (NC DCM) Curt Weychert (NC DCM) Robb Mairs (NC DWR) RECEIVED APR 2 2 2010 MP SECTION DCM - MHD CITY Action ID Number: SAW-2020-00297 County: Brunswick County Permittee: Jim Chirico Yacht Basin Holdings II. LLC Project Name: Yacht Basin Eatery/122 Yacht Basin Drive/Bridget and Jim Chirico/Brunswick Date Verification Issued: April 22, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED APR 2 2 Mo MP SECTION DCM - MHD CITY 1. Form DCM-MP-1 APPLICATION for Major Development Permit (lest revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Yacht Basin Holdings II, LLC Yacht Basin Eatery Applicant 1: First Name MI Last Name Bridget n/a Chirico Applicant 2: Fast Name MI Last Name Jim n/a Chirico If additional applicants, please attach an additional page(a) with names listed. Mailing Address PO Box City State 32520 Archdale nits Chapel Hill INC ZIP Country Phone No. FAX No. 27517 USA 908-938-8607 Ma Street Address (if di//anent from above) Clly Stale ZIP NA Email SChirioo@aol.00m 2. Agent/Cont►actorInformation Business Name Land Management Group Agent) Contractor 1: First Name MI Last Name Steve Morrison Agent/ Contractor 2: First Name MI Last Name Greg Finch Mailing Address PO Box City Stale 3805 Wrightsville Avenue, Suite 15 n/a Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. n/e nla ext. n/a FAX No. Contractor• 910-452-0060 n/a Street Address (if different from above) Ciry Stale ZIP NA Email smornsonlffiImarouo.net, afinchgDlmarouo.nel Application for Major Development Permit —June 2019 RECEIVEn RECEIVED 122 Yacht Basin Drive Southport, Brunswick County, North Carolina 1 FEB 11 2020 JAN 13 2020 DCM-MHD CITY DCM WILMINGTON, NC 3. Project Location County (can be multiple) Street Address State Rd. F Brunswick 122 Yacht Basin Drive We Subdivision Name city State Zip We Southport NC 28461 Phone No. Lot No.(a) (if many, attach additional page with list) his NA a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River / AIW W c. Is the water body Identified In (b) above, natural or manmade? of Name the closest major water body to the proposed project site. ®Natural ®Manmade ❑Unknown Cape Fear River/AIWW a. Is proposed work within city limits or planning jurisdiction? f. If applicable. list the planning jurisdiction or city lima the proposed ®Yea []No work falls within. Southport 4. Site DescNption a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 66 - @ MHW 0.14 +/- acres c. Size of Individual lot(s) d. Approximate elevation of bad above NHW (normal high water) or his NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6 ONHWor❑NWL e. Vegetation on tract Several trees and landscape vegetation. f. Man-made features and uses now on tract The site is currently Yacht Basin Eatery. g. Identify and describe the existing land uses ad recentto the proposed project site. Vacant with boat dock and State Port Pilots facility with boat docks. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? BD — Business District (Attach zoning compliance certificate, it applicable) ®Yea []NO ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes SNo it. Has a professional archaeological assessment been done for the trad? If yes, attach a copy. []Yes SNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does h involve a National []Yes SNo ❑NA Register listed or eligible property? Application for Major Development Permit —June 2019 RECEIVED 122 Yacht Basin Drive RECEIVED Southport, Brunswick County, North Carolina JAN 13 2020 FEB 11 2020 DCM-MHD CITY DCM WILMINGTON, NC in. (1) Are there wetlands on the site? []Yes ONO (ii) Are there coastal wetlands on the site? []Yes ONO (iii) If yes to either (I) or (ii) above, has a delineation been conducted? []Yes ONO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing stone water management or treatment systems. None 5. Acdvides and Impacts a. VWI the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Privale/Communhy b. Give a brief description of purpose, use, and daily operations of the project when complete. Proposed boat slips to provide water access for restaurant patrons. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical dock construction methods and equipment will be used. Marine contractor equipment to be stored on barge and upland areas of the property. d. List all development activities you propose. Construction of floating docks and installation of pilings. e. Are the proposed activities maintenance of an existing project, new work, or both? Both I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ONO ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stoanwater be discharged into a wetland? -No new discharges []Yes ONO ❑NA If yes, will this discharged water be of the same salinity as the receiving water. ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ONO ❑NA If yes, attach a mitigation proposal. Application for Major, Development Permit —June 2019 122 Yacht Basin Drive Southport, Brunswick County, North Carolina RECEIVED JAN 13 M 3 RECEIVED FEB 11 2020 DCM WILMINGTON. NC DCM-MHD CITY 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, most be submitted in order for the application package lobe complete. Items (a) - (Dare always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guile agency personnel unfamiliar with the area to the site. d. A copy of the deed (with slate application only) or other Instrument under which the applicant deans title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 1. 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 an the proposed project to the Division of Coastal Management. Name Cape Fear Marine, Inc Phone No. NA Address PO BOX 10831 Southport, NC 28461 Name Peterson Harold W. Jr. and Dodge Pamela P Phone No. NA Address 212 Orange Street Wilmington, NC 28401 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract Include permit numbers, permittee. and issuing dates. Unknown. Applicant (buyer) has no previous permits for this property. h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects In oceanfront and irdet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to tors application will allow project will be subject to the conditions and restrictions contained in the permit. The 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 l application is truthful to the best of my knowlpdgp. Date / f - Print Name: �U1A0 1'FY(,A A1D . Agent. Land Management Group Signature �/ Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP 5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information Application for Major Development Permit -June 2019 122 Yacht Basin Drive RECEIVED RECEIVED Southport, Brunswick County, North Carolina 4 JAN 13 2020 FEB 1`1 2020 DCM WILMINGTON, NC DCM-MMD CITY 2. Form DCM M13-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. Ill Is the docking facility/marina. ®Commercial ❑PublirdGovernment ❑Private/Community c. (1) Dock(s) andlor pier(s) bi) Number 2 (ill) Length 32' (iv) Width 6' M Floating ®Yes ONO e. (i) Are Platforms included? ❑Yes ®No If yes: (it) Number (iii) Length IN) Width (v)Floating []Yes ®No Able. Roo/ed areas are calculated Irom dripline dimensions. g. (i) Number of slips proposed 10 In) Number of slips existing 2 i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel ®Open water, no dredging required ❑Other; please describe: k. Typical boat length: 16,_20' m. (i) Will the facility have tie pilings? ❑Yes ®No (it) If yes number of tie pilings? Application for Major Development Permit —June 2019 122 Yacht Basin Drive Southport, Brunswick County, North Carolina []This section not applicable b. (i) Will the facility be open to the general public? ®Yes ❑No d. (I) Are Finger Piers Included? ❑Yes ®No If yes: (it) Number (ill) Length IN) Width (v) Floating ❑Yes []No I. (i) Ara Boatlifts included? []Yes ®No If yes: (II) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ('Wel slips") only, number of slips: 10 ❑ Dry storage; number of boats: []Boat ramps), number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout charter boats, sail boats. mixed types). Mixed types I. (1) Will the facility be open to the general public? ®Yes []NO RECEIVED JAN 13 9n."1 DCM WILMINGTON, NC 5 RECEIVED FEB 11 2020 DCM-MHD CITY 2. DOCKING FACILITY/MARINA OPERATIONS ®This sedan not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How, will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (it) Give the location and number of "Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as painl, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? It. Give the number of channel markers and *No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/dockingfacility proposed within a primary or secondary nursery area? ❑Yes ONO n. Is the marinaldockktg facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ONO o. Is the manna/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or othervretlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None p. Is the proposed marinatdocking faichly located within or within close proximity to any shellfish leases? ❑Yes ONO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) ® This section not applicable a. (i) Is the boathousestructures): ❑Commercial ❑Public(Govemment ❑Private/Community Application for Major Development Permit —June 2019 RECEIVED 122 Yacht Basin Drive RECEIVED Southport, Brunswick county, North Carolina 6 JAN 13 2020 FEB 11 2020 DCM WILMINGTON, NC DCM-MHD CITY (ii) Number (III) Length (tv) Width Note: Rooled areas are calculated Irom ddpline dimensions. 4. GROIN (e.g., wood, sheelplls, etc. If a rock groln, use fill Excavation and Fill.) ®This section not applicable a. (t) Number (ii) Length (iii) Wdth 5. BREAKMATER (e.g., wood, altee0ft etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands B. MOORING PILINGS and BUOYS ❑This section not appNcable a. Istheslruclu s(s): b. Number 4 ®Commercial ❑Publio'Govemment ❑PrivatelCommunity c. Distance to be placed beyond shoreline 33' from existing deck Note. This should be measured from marsh edge, it present. e. Am of the swing NA. 7. GENERAL a. Proximity of struclure(s) to adjacent riparian property lines Floating docks to be within riparian setbacks, with permission. Note: Fw buoy or mooring piling, use am of swing including length Of vessel. C. Width of water body -305' a. (i) Will navigational aids be required as a result of the project? ❑Yea ®No ❑NA (il) If yes, explain what type and how they will be implemented. NA Application for Major Development Permit —June 2019 122 Yacht Basin Drive Southport, Brunswick County, North Carolina d. Description of buoy (oolw, inscription, size, anchor, etc.) 4-8' pilings adjacent to riparian corridor with State Port Pilot facility. b. Proximity of structure(&) to adjacent docking facilities. 1' to south, —8.75' to north d. Water depth at waterward end of structure at NLW or NWL - 8' RECEIVED JAN 13 1019 DCM WILMINGTON, NC 7 RECEIVED FEB 11 2020 DCM-MHD CITY 8. OTHER ®This section not appfmable a. Give complete description. Datc 122 Yacht Basin Drive Pwimt Namc Yacht Basin Holdings It, LLC ,tppliont Nv Agent, Land Management Group \pplicanr signarutc Application for Major Development Permlt—June 2019 RECEIVED 122 Yacht Basin Drive Southport, Brunswick county, North Carolina JAN 13 2020 8 3.ECEIVED DCM WILMINGTON, NC FEB 11 2020 DCM-MHD CITY t,n,r ROY COOPER (imrmar MICHAEL S. REGAN Seerelary BRAXTON DAVIS Director, Divitlon ofComtol Maaagemenl February 11,2020 Adverti si ng@sta m ewson I in e. coin 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • Yacht Basin Holdings II, LLC Hello Angie: Please publish the attached Notice in the Friday, February 14, 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. Please email a copy of the credit card receipt to me. Thank yor for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Etiquette nee cc: MHC — Gregg Bodnar WIRO File USACE RECEIVED FEB 112020 Slate of North Carolina I Enviromnental Quality I Coastal Managanenl 127 Cardinal Drive F.al.. Wilmington, NC 29405 9197967215 DCM_MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On January 31, 2020, Yacht Basin Holdings II, LLC proposed to replace & modify two (2) floating docks & add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips at 122 Yacht Basin Dr., adjacent to the AIWW, in Southport, Brunswick 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 March 6.2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED FEB 11 2020 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor EnWronmenta/Qualfry MICHAEL S. REGAN seaw-y February 10, 2020 BRAXTON C. DAVIS Director Mr. Greg Finch Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Dear Mr. Finch: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Yacht Basin Holdings, II LLC for State approval for development at the Yacht Basin Eatery property located at 122 Yacht Basin Drive, adjacent to the Atlantic Intracoastal Waterway, within the Town of Southport, in Brunswick County. It was received complete on January 31, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is April 15, 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 January 30, 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. Sincerely, Alt -/I Tara MacP erson District Manager Enclosure cc: Greg Bodner, DCM USACE Robb Mairs, DWR Wayne Strickland, LPO Bridget Chirico, Applicant RECEIVED a� North Carolina Departmentof Environmental Qualtty I DlvlsbnoMastal Management FEB 11 2020 Wilmington Omce 1127 CardlnalrMve Extension I WMlmington,Nonh Carolma2e405 91o.796,nis DCM-MHD CITY FEB 11 2020 DCM-MHD CITY N0Tl(*0$ CAMA PERMIT APPLIED FOR Tioatin, slips at 122 Yacht Basin Dr., adj. to AlVVW, Southpo, t7 Brunswick County. COMMENTS ACCEPTED THROUGH March 6, 2020 APPLICANT: Yacht Basin Holdings 11, LLC c/o Bridget & Jim Chirico 92520 * chdale• Chapel Hill, NC 27517 (908) 938-8607 Agent: Steve Morrison (910) 452-0001 Land Manaaement Grouo FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: i� Wilmington,127 Caircliffinam Do. Ext. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ¢Rldfei rZi AsIb t CAfrAW ! ES Z ) Mailing Address: 7o wj&&rzg floomm «JI Alt 310291 A#4tA+tt5;7Jtarrx A/G27.ff7 Phone Number: ?Or- 4Jd= SG07 Email Address: liCNiAlto ® AOt_ MM I certify that I have authorized ZAF4 A&AaotojorGIMP Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 19F QeHT boc % at my property located at 3itC Sigls,y4l►tstiv_ fyt. Yikwf'ByieiE%�WYIL inen�lcrNrX Cotfrtly, I furthermore certify, Motel am authorized to grant and do in fact grant pen:'isslon to Division of Coastal Management staff the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner information: � * d,.-2 Signature �raP�e,�- Chtrl�o Print or Type Name 0&9" - (Gesrn4 on fir, rule i/ �J & I a0l Date This certification Is valid through /y l$I l Z2- RECEIVED FEB 11 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN 1 3 2020 naJAC NT HIPAgjgjV PRg_P€RTY OWNEk STAT ' EItiT " ErNDy C8ltlfy irldl Lr:7ya y d�ld� el'.: ie 11}rtl ?'2�j�t . s • L WopWiy locxeo of f 2 2 •! 1 G 'I�G.�— 1, • (Nan►r Wow ne I o, _ GiLh% ..,� 'I^pdree: Lot. 91ockk. Road etc.) _ - IWatfir0ody► . __._. . - .... _ N �_ wn en6ror CatoOy, t ^e dpl�l,canl ha 7escrAMa Ic mu. ail rune: bWw, I,& aeveoprnxrt prawwCe v •ne shove laeco' I Mva •u olyeetion to it -is IXCD:r.111. _.. _. I rave, oyectlune to lies omposai OESCNIPTION ANDIOR ()HAWING OF pROPOSEO OEVELOPfAENT ffndtvidua! prOP"ng derelupmo,rl,nust pill in description beJow or of Acn n nb drawnp QN i „n0Elsta.^A PrM: i pw' lack r,rc,h -np v�:�mg�iywUenklVdOWh'vv i4 •: ih n Immum owtanCs or "h' t `floe: rw, %et Let* .1 ron1 my arem Of •pd:1D'1 ?ii2eii , N*16 N'ANed D) 're 11l Y';v ♦de^ iC aNN# „d metDad,, you must Initial the 4mmonstr• u Ar* ne av, lc woN✓Ilse ih knaU;:.. e,u ren'k _. do not wish in waive the (Property Uw nform ell cu, +4.++t a• r) 4a ny is IACIn.1.r ois r t� ;Ul IAdjMGtlt Prgteny_f�vner IrrFnrmbuon; Wm r.-'r�'46rn L�ynp AdoM�t -kk okry�'Y�o.��f 6 r _`i 0o:`f'i_$ ' 61b(ihG"rb �,rbe RECEIVED RECEIVED FEB 11 2020 DCM-MHD CITY JAN 13 2020 DCM WILMINGTON, NC .n o- ru 0 m m v- C3 0 0 0 0 m 0 m m rq 0 r IDU.S. Postal Service - CERTIFIED MAIL" RECEIPT emeylic Mail Only DECEIVED FEB 11 2020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC .IAN 13 2020 CERTIFIED MAIL RECEIF fDomesfic Afall Only; No Insurance Cavera � f-�41�GllINGN�ZCiAI Ln — Postagel', s9_Rn 6n p t0.00 p CortlAedFee srl.0 p fleNm nowvq Fa _--f0.PaMinark 0 "Ors (Faporsemerd n,.weed) _ Q.Q[t—. p r4rsvk1m111oIWsryFw Ln tenMsorrorefleglrydl. TT lI F=` ru TOM Pou.eearf" 01/24/2020 Ln Cl iF.Il.fsaNlf.6I1.gY5shA1.K:�.iir/....._................... WPOOMMx 2Iz QUA MIMI- .................................................... f!*V.. S6Nu.YNtd1 r ■ Complete Items 1, 2, and 3. ■ Nat your name and address on the reverse so that we can return the card to you. ■ Attach We card to the back of the mellplefdrb _ or, on the front If space permits. 1.-Article Addressed to— MR&D PET tO' PAMEO 212 CrFAN(C SIRt-6T WilWttVCTW, NL 28L�01 IIIII�IIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIIIIIIII 9590 9402 5186 9122 7307 81 7005 2570 0000 5704 0846 PS Fonn 3811, July 2015 PSN 75SD-o2-pDDd105S RECEIVED FEB 11 2020 D. Is deW If YES, O AW 0 No Ser0ce Type ❑ Pdodly Mall EvMss9 18J1 Blgialua ❑ ftwomd m a`+ bun ebnmun flopdnied WMW tl flepltlasd Mao flugwwd Mso"Ao* Md D*My t7"ed um96tfor ,,pW Wootae Wsotdl D,of nnslasty per I791yneWeGmllmtntgn`w fllliololad yary ,olsoysrY rJ 9lgnaWe cawxmnWri owed Mdl P4*k ed DM" riosrMbd Ddmary ovx RECEIVED JAN 3 12020 Dwestlo Return Receipt ; DCM-MHD CITY DCM WILMINWON, NC MacPherson, Tara From: Finch, Greg <gfinch@lmgroup.net> Sent: Monday, January 13, 2020 11:26 AM To: MacPherson, Tara Cc: Stephen Morrison Subject: (External) Fwd: Yacht Basin Holdings Attachments: State Pilots Waiver.pdf, Yacht Basin Drive-Narrative-2020-1-13.pdf; Yacht Basin Drive - Figures 2020-1-13.pdf Categories: Tara, To do We decided to remove the extendable portion of the floating docks. This didn't cause too many changes, just the Project Narrative, and updated figures deleting Sheet 5 of 5 and a couple notes. Both attached. Figures will print to scale at I I x I7. Let us know if you have any questions. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 I Wilmington, NC 28403 Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 ---------- Forwarded message --------- From: Finch, Greg <gfinch lmgroup.net> Date: Tue, Nov 26, 2019 at 9:08 AM Subject: Re: Yacht Basin Holdings To: MacPherson, Tara <tara.macpherson(i ,ncdennpov> Here is the updated waiver. Will forward USACE confirmation as soon as I get it. Thanks, Greg Finch I Environmental Scientist - CAMA Section Manager Land Management Group I Environmental Consultants RECEIVED 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 Direct: 910-452-0001 x 19281 Cell: 910-470-4734 JAN 13 2020 On Tue, Nov 26, 2019 at 9:01 AM Finch, Greg <gfinch - Imgroup.net> wrote: DCM WILMINGTON. NC Don't send it back! We're still coordinating with the corps, should have something to you soon. RECEIVED FEB 112020 I)CM-MHD CITY MacPherson, Tara From: MacPherson, Tara Sent: Monday, November 4, 2019 3:43 PM To: 'Finch, Greg' Subject: Yacht Basin Holdings Hi Greg, I received the major permit app. for Yacht Basin Holdings II, LLC. I need two waivers with signatures to accept this as complete. You did provide one, but they only checked the waiver box instead of initialing it. Also, Please provide something from the USACE that they are ok with the retractable floating dock extending into the USACE setback, it is probably just a formality, but I need to be sure. I do not see any changes to the existing docking areas, is that correct? Thanks, Tara Tara MacPherson Southern Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7425 office 910 395-3964 fax tara.macohersonCDncdenr.aov 127 Cardinal Drive Ext Wilmington, NC 28405 W. -5>^Nlothllng Compares� F_mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED FEB 11 2020 DCM-MHD CITY 'Btu � r � r Int. IIIII IIIII IIIII IIII IIII IIII II III III 14286 �13;@p-2S'PROP refund Cah$ �aa Brunswick CounV, �C Register of Deeds case 1 of a PjPorlionsofdocumentareillegibleduetocondiWn Brand& It. Clomncnc Register of Deeds of original. 06-20-2019 14:04:25.000 Brunswick County, NC .1 Domnentcontainssealsvefti) by odginat NC REVENUE STAMP: $2520.00 (a637020) 'nshUment nVncannot bere0mduca?^r,^DIBCt. STATE OF NORTH CAROLINA COUNTY OF BRUNS WICK COMMISSIONER'S DEED Parcels 231LF011 and 1104 1. THIS DEED, made this�day of June, 2019, by and between Michael R. Isenberg, acting as Commissioner as hereinafter stated, PO Box 11028, Southport, N. C. 28461, hereinafter, whether one or more, referred to as "GRANTOR," and Yacht Basin Holdings 1I, LLC, a North Carolina limited liability company, whose address is 32520 Archdale, Chapel Hill, NC 27517, hereinafter, whether one or more, referred to as "GRANTEE": THAT WHEREAS, in a certain special proceeding entitled "Joseph A. Bellio, individually, and as Grantor, Trustee and Beneficiary of the Joseph A. Bellio Revocable Trust, as amended, vs. Jill A. Brown" brought and pending before the Clerk of the Superior Court of Brunswick County, North Carolina, in File 18 SP 535, an order was entered on January 29, 2019, by said court appointing said Grantor as Commissioner to sell at private sale, subject to confirmation of the Court, the hereinafter described property; and WHEREAS, the Grantor, acting as Commissioner as aforesaid, on May 22, 2019, reported to said Court a private sale of the land hereinafter described to James M. Chirico, Jr, and wife, Bridget E. Chirico, at aprice Of S ; and WHEREAS, said bid remained open for more than 10 days and no advance bid was made and no objection offered to said sale; and w U RECEIVED � 1/ � �� �,fA f pGM v`11LMIN ON, NC Jt. `U J020 FEB 1.1 2020 AA 13 2 DCM-MHD CITY Cinui6916 er of ft page 2 o 3F WHEREAS, James M. Chirico, Jr, and wife, Bridget E. Chirico, have directed that the deed be made to Grantee; WHEREAS, on June 4, 2019, the court entered an order approving and confirming said sale and directing said Grantor as Commissioner to make, execute and deliver unto said Grantee a good and sufficient deed for said property upon payment to him of said purchase price; and WHEREAS, said purchase price has been fully paid; NOW, THEREFORE, said Grantor, acting as Commissioner as aforesaid, under authority of said court order and in consideration of the purchase price of $ 1,260,000.00 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 parcel of land situated in Southport, Brunswick County, North Carolina, and more particularly described as follows: BEING all of Tracts 1, 2, 2A and 2B, according to a Survey by Tide Water Surveying duly recorded in Map Cabinet 39 at Page 41 of the Brunswick County Registry, said tracts having the metes, bounds and locations shown thereon. This property is also shown on a Recombination Survey for James M. Chirico and Bridget Chirico of 122 & 128 Yacht Basin Dr. by Tide Water Land Surveying recorded in Map Cabinet 114 at Page 7 of the Brunswick County Registry. The above -described property is also known and identified as Brunswick County Tax Parcels 237LF01 I and 237LFOI 104 which Grantee is combining into one parcel. This property does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid lot or parcel of land, and all privileges and appurtenances thereto belonging, to the Grantee and their heirs and assigns in fee simple in as full and ample a manner as said Grantor as Commissioner is authorized and empowered to convey the same. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. / n RECEIVED I11�►�(' (SEAL) Michael R. Isenberg, Commssioner FEB 112020 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC JAN 13 2020 ATE OF NORTH CAROLINA N N p COUNTY OFBRUNSWICK I�IIIIIIi�I(IInIiiIIIII�III�IIII o� hi3w'a : aP I 146 /it kQ r• a Notary Public in and for the State and County aforesaid, do hereby certify that MichaeM. Isenberg, Commissioner, personally appeared before me this day and acknowledged the due and voluntary execution of the foregoing instrument for the purposes therein set forth. Witness my hand and notarial seal, this the %Z& day of June, 2019. My commission expires: a aI0 27— RECEIVED FEB 11 2020 DCM-MHD CITY /i NOTARY PUBLIC #o'4 t.. M/t7••, r IkORAF . :pGBL1��: siL' • ......•',Ck RECEIVED OCM WILMINGTON, NC JAN 13 2020 FEB 11 2020 ,-ch4-MHD CITY USACE NAVIGATION CHANNEL PROPOSED PILINGS (4 ALONG RIPARIAN CORRIDOR) PROPOSED 32' X 6' DOCKS EXISTING DOCK TO REMAIN Elm PROPOSEDlZ X V RAMPS EXISTING DECK J 1 (NO CHANGES) EXISTING RAMP TO 9.23 REMAIN Legend NOTES: 1. BASE CAD FILE FROM TIDEWATER LAND SURVEYING. RECEIVED Pm rty Boundwy — — — — 2. DOCK DESIGN FROM MCPHERSON MARINE SERVICES. 3. NO PROPOSED UPLAND DEVELOPMENT. JAN132020 4. LENGTH OF SHORELINE AT MHW (BULKHEAD) IS SS'. S. TAX PARCELS NCONEMAP. S. NOT A SURVEYED OR ENGINEERED DRAWING. FOR DCM WILMINGTON. NC ENVIRONMENTAL PERMITTING ONLY. RECEI FEB 11 2020 DCM-MHD CITY 1 NmpO I �^ 1 1 � � 1 1 � 1 1 ' 1 Q.A 1 5TODRAIN 5 . 1 I WATER ' 1 METER. \ ipNCRETE e 'POWER POLE' LS.�' YvwSwn onw �omrm+v invev ��+d INauaw v1nv..o,w ia, W.dcBF USACE NAVIGATION �� 00 J'r �- I Property BMW4" IN 1.9 n 10 -7 _ k \ NOTES: I. BASE CAD FILE FROM TIDE WATER LAND SURVEYING. 2. DOCK DESIGN FROM MCPHERSON MARINE SERVICES. 3. NO PROPOSED UPLAND DEVELOPMENT. 4. LENGTH OF SHORELINE AT MHW (BULKHEAD) IS SS'. S. TAX PARCELS FROM NCONEMAP. S. NOT A SURVEYED OR ENGINEF9EQp@q`m�i'FA� ENVIRONMENTAL PERMITTING �JVt =FR 11 2020 DCM-MHD CITY E* RECEWED JAN 13 202U DCM WILMINGTON. NC 1 1 � o � � A 1 1 •. 1 Z •• 1 Q • •ITO-73 PJN s i 1 1'L . • METER., ; PALM TREE • • CONCRETE • • •�1 i, ' POWEg POLE .•s or nw e.n pn.. rnvaan WM rile Zimmer— PwVY.OY M�YeYIO.Oreee Brp IY�W MMGGn IM011m Mt7j mom Pol ROY COOPER Gowm.r MICHAEL S. REGAN Secmrary BRAXTON DAVIS Director, Division aj(-oaoal Managemem February 11, 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) areas. bodnar(a)NCDEN R.aov SUBJECT: CAMA Applicant: Yacht Basin Holdings 11, LLC Project Location: 122 Yacht Basin Drive, adjacent to AIWW, in Southport, Brunswick County Proposed Project: Proposal to replace and modify two (2) floating docks and add four (4) pilings at an existing commercial docking facility for a total of ten (10) slips. 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 March 6, 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 AGENCY SIGNATURE DATE RECEIVED FEB 11 2020 DCM-MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dow EA., Wilmington, NC 29405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Yacht Basin Holdings, II LLC 2. LOCATION OF PROJECT SITE: 122 Yacht Basin Drive, adjacent to the Atlantic Intracoastal Waterway, within the Town of Southport, in Brunswick County Lat:33°54'59.67"N Long:78°01'23.46"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 217120 Was Applicant Present— No 5. PROCESSING PROCEDURE: Application Received—1/13/20 Complete—1/31/20 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Southport Land Classification From LUP — Light Commercial/Open Space (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing- Public sewer Planned- Same (F) Type of Structures: Existing- Commercial docking facility with three floating docks. Planned- Re -build existing commercial docking facility with two new floating docks and piling installation. (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal 1404) (B) Non -Vegetated Wetlands (Open Water) (C) Other - Highground disturbance 388 sq. ft. (D) Total Area Disturbed: 388 sq. ft. (.01 Acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to replace and modify two floating docks and add 4 pilings at an existing commercial docking facility for a total of 10 slips. North Carolina Department of Environmental Quality I Division of Coastal Marugement Wilmington Ofnce 1 127 Cardinal Drlw Extension I Wilmington, North Carolina 28405 910.796.7215 RECEIVED FEB 11 2020 DCM-MHD CITY Yacht Basin Holdings 11, LLC Page 2 9. PROJECT DESCRIPTION The project site is located at 122 Yacht Basin Drive, adjacent to the Southport Yacht Basin, within the Town of Southport, in Brunswick County. To locate the property from Wilmington, travel south on NC Hwy-133 to Southport. Turn left on N. Howe Street and travel approximately 1.5 miles to W. Bay Street. Turn right onto W. Bay Street and travel approximately 0.2 miles to Yacht Basin Drive. Turn right onto Yacht Basin Drive and the Yacht Basin Eatery will be on the left. The property is a .14-acre tract of land with a commercial use for the Yacht Basin Eatery Restaurant. The existing restaurant has a screen porch area, open decks and is stabilized by an existing bulkhead. The property has 66 linear ft. of shoreline and is designated as Urban Waterfront. There are no wetlands present at this location and Normal High Water (NHW) is at the existing bulkhead. The existing docking facility consisted of three floating docks, which encroached into the USACE setback area, providing ten designated boatlips. A floating dock measuring 48 ft. in length by 6 ft. in width currently exists along the southern property line within the 15 ft. riparian setback and extends approximately 10 ft. beyond the USACE Federal Channel setback line. The remaining floating docks were removed due to storm damage. The property is bordered by the Southport Yacht Basin to the west, commercial docking facilities to the north and south and Yacht Basin Drive to the east. General Permit No. 40398 was issued to Donnie Potter on 6/26/06 for the installation of the 48 ft, long by 6 ft. wide floating dock, this permit was later modified to add additional 32 ft. long by 5 ft. wide floating dock and two mooring piles. The Town of Southport Land Use Plan classifies the high ground portion of the project area as Light Commercial. The waters of the Southport Yacht Basin/AIWW in this location are classified as "SC" by the North Carolina Division of Water Resources. The area is NOT designated as a Primary Nursery Area by the North Carolina Division of Marine Fisheries and is closed to the harvest of shellfish. PROPOSED PROJECT The applicant is proposing to replace and modify two floating docks and add 4 pilings at an existing commercial docking facility for a total of 10 slips. The proposal would essentially replace the two floating docks that were destroyed and would limit the length so that there is not an encroachment into the Federal channel setback. The proposed project consists of the installation of two floatirg docks measuring 32 ft. in width and 6 ft. in width (192 sq. ft.). The floating docks would extend to the east from the existing highground deck. The northern most floating dock would be within the adjacent riparian corridor setback and a waiver has been obtained. The applicant also proposes to install 4 8° mooring pilings on the northern property boundary within the same riparian corridor setback. The docking facility would provide docking for up to ten vessels in water depths measuring approximately -8 ft. at Normal Low Water (NLW) (see Sheet 3 of 4). No excavation is being proposed. 10. ANTICIPATED IMPACTS: The proposed docking facility would result in the shading of approximately 388 square feet of open water within the Estuarine Waters and Public Trust Area AECs. As proposed, the new floating docks and pilings would not extend beyond the quarter width of the waterbody nor encroach into the 80 feet federal channel setback in this location. The proposed docking facility would encroach into the northern 15 feet adjacent riparian property setbacks and a waiver has been obtained for the encroachment. Submitted by: T. MacPherson Dale: 2/10/20 Office. Wilmington �� RECEIVED North Cardnna Department of Environmental Quality I Division of Coastal Management FEB 14 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DCM—MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative 3.1.1 Project Location and Existing Conditions The project is located within the Southport Yacht Basin off the Intracoastal Waterway at 122 Yacht Basin Drive, currently the location of the Yacht Basin Eatery. Existing on the property are the restaurant building with screened porch and open deck areas. The existing development is classified as urban waterfront. The waterfront features a bulkhead under the decking area with an existing floating dock and ramp. There are also the remains of other tied up floating docks damaged in Hurricane Florence in September 2018. Remnant remaining pilings are present. Water depths range from --4' to -8' NLW. No coastal or 404 wetlands exist on the site. The waterbody width of the Yacht Basin in this location is approximately 305'. 3.1.2 Proposed Action The applicant proposes to construct two additional floating docks to accommodate boaters visiting the restaurant. There will be a total of ten slips following the addition. The two additional docks will feature access ramps and pilings to secure the docks. The northernmost new floating dock will be within the 15' riparian setback with written permission obtained from the adjacent riparian landowner. The new 32' long docks will extend waterward to the established Corps of Engineers channel line. No dredging will take place since water depths are suitable for dockage. RECEIVED JAN 13 2020 DCM WILMINGTON. NC Application for Major Development Permit — June 2019 RECEIVED 122 Yacht Basin Drive Southport, Brunswick County, North Carolina 9 FEB 1` 1 2020 DCM-MHD CITY ROY COOPER, Governor MICHAEL S. REGAN r'Secretary BRAXTON_C. DAVIS ' Dlrec Dear Ms. Chirico, NORTH CAROLINA EnvlronmentalQuality April 16, 2020 This letter is in reference to the application submitted for Brunswick County, for a Coastal Area Management Act Major Permit to undertake development activities to construct a new ten slip commercial docking facility within the Atlantic Intracoastal Waterway, in, Southport. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make June 29, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 211) or e-mail (Curt.Weychert@ncdenr.gov). Cc: DCM Wilmington, Greg Finch, LMG Steve Morrison, LMG Sincerely, Curtis Weychert Assistant Major Permit Coordinator RECEIVED APR 16 2020 MP SECTION DCM - MHD CITY D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 CommeroeAvcnae I Morehead City, North Carolina 28557 '252.8082808