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
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WopWiy locxeo of f 2 2 •! 1 G 'I�G.�— 1, • (Nan►r Wow
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o, _ GiLh% ..,� 'I^pdree: Lot. 91ockk. Road etc.) _
- IWatfir0ody► . __._. . - .... _ N
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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,
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RECEIVED
RECEIVED
FEB 11 2020
DCM-MHD CITY JAN 13 2020
DCM WILMINGTON, NC
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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
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■ 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
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fllliololad yary
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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
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1
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USACE NAVIGATION
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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
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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