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HomeMy WebLinkAboutDEN 77-20 Walters, Charlesit 0 DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: W' _ —if-, Type: (Check all that apply) New V Major Mod Permit Coordinator: Field Representative: Permit# Minor Mod Renewal Transfer * m 11Date/Time Af) �^ I Messa a tL f,�n�Gttl��,r loKLb+n'^� IR t7 tL �11 l lg �o C r �o w„ric-p1 cv. CSS�cc�t� " APO f�4"c 17/4l1lq l�ceK� G�wx� `(u w�� fn6o• s;stttrtct/ (N��7v�� rgs QLIc ��Z1v EA. �w•� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 (D April 28, 2020 Regulatory Division Action ID No. SAW 2019-2282 Mr. Charles Walters, Jr. PO Box 7838 Ocean Isle Beach, North Carolina 28469 Dear Mr. Walters: By copy of the North Carolina Division of Coastal Management correspondence, dated March 16, 2020 (enclosed), we have learned that your proposal to install a new private dock facility, which includes a pier, covered platform, boathouse and a floating dock at 9269 Peakwood Dr. SW adjacent to the AIW W in Sunset Beach, Brunswick County, North Carolina, has been determined to be inconsistent with the North Carolina Coastal Management Program. Therefore, under the administrative rules of our regulatory program, we cannot give favorable consideration to issuance of Federal authorization. Accordingly, your Department of the Army application is hereby denied, without prejudice, and your file has been retired. Further consideration for Department of the Army authorization must await your successful appeal of the findings of inconsistency with the North Carolina Division of Coastal Management. After you have satisfied the North Carolina Division of Coastal Management, we will re- consider your application for Federal authorization. Thank you for your time and cooperation. If you should have any questions or comments concerning this matter, please contact me at telephone (910) 251-4707. Sincerely, CURREY.GREGO Digitally signed by CURREY.GREGORYFUGENE RY. E U G E N E.105 .1o.11950 Date: 2020.04.2815:41:12 1011950 - 10- Greg Currey, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson RECEIVED APR 2 8 2020 MP SECTION WD -2- NCDEQ/DWR; Mr. Robb Mairs NCDEQ/DWR; Mr. Gregg Bodnar . .. RECEIVE® APR 2 g 2020 MP SECTION MHC ROY COOPER Covemor NCHAEL S. REGAN secretary BRAXTON C. DAVIS D4ector CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles E. Walters Jr. PO Box 7838 Ocean Isle Beach, NC 28469 Dear Mr. Walters Jr.: NORTH CAROLINA £nvlronmentat Quatity ' March 16, 2020 This letter is in response to your application for a Major Permit under the Coastal Area Management Act (CAMA), in which authorization was requested to construct a three slip docking facility along the Atlantic Intracoastal Waterway (AIWW) at 9269 Peakwood Dr. SW, near the Town of Sunset Beach, in Brunswick County. Processing of the application, which was received as complete by the N.C. Division of Coastal Management's Wilmington Office on November 13, 2019, and which was extended on January 24, 2020, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 3) The subject property is located at 9269 Peakwood Dr. SW, Sunset Beach, in Brunswick County. 2) The proposed project would involve development within Public Trust and Coastal Wetland Areas of Environmental Concern (AEC). 3) The proposed project is located along the AIWW and adjacent to the U.S. Army Corps of Engineers (USACE) AIWW 8011 setback. The surrounding waters are classified as SA, HQW and are closed to shellfish harvest. 4) The waters in this location are designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries' Marine Fisheries Commission (MFC). 15A NCAC 07H. 0208(a)(4) of the Rules of the Coastal Resources Commission further define PNA's as "Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development offfnffsh and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are designated and described by the N. C. Marine Fisheries Commission (MFC) and by the N.0 Wildlife Resources Commission (WRC); " North Carolina Deparnnent of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington. North Carolina 27889 1 252.946-6481 Wgming[on Office 1127 Cardinal Drive Extension I Wgmingtm North Carolina 284051910.796.723 Morehead Cttv Office 1400 Commerce Avenue I Morehead Cttv. North Carolina 285571252808.2808 March 16, 2020 Page 2 5) The proposed project involves application under the Coastal Area Management Act requesting authorization to construct a three slip docking facility along the AIWW. The proposal consisted of a 400ft x 6ft pier and 12ft x 24ft partially covered platform, and 8ft x 16ft shore parallel floating dock, and a shore perpendicular 15ft x 26ft boathouse. 6) Depths at the %4 width were noted in the application at approximately -0.5ft to -1.5ft at mean low water. Depths located at the 80ft USACE setback were noted in the application at -2.6ft to -5.6ft at mean low water. 7) The proposed project would involve the incorporation of 806 square feet of open water. 8) During the course of the joint State and Federal review, the Division of Marine Fisheries' (DMF) noted that as proposed, DMF does not object to the project. N.C. Division of Water Resources approved the project as proposed under General Certification 4175. The Division of Coastal Management field staff recommended denial of the permit based upon the inconsistency with rules of the Coastal Resources Commission regarding exceeding the '/4 width and established pier or docking facility length along the same shoreline for similar use. 9) Based upon the above referenced findings, the Division of Coastal Management has determined that the proposed project to construct a three slip docking facility along the AIWW is inconsistent with the following rules of the Coastal Resources Commission: a) 15A NCAC 07H .0208 (G)(i) (Specific Use Standards), which states in part that a pier and docking facility length shall be limited by, "not extending beyond the established pier or docking facility length along the same shoreline for similar use". b) 15A NCAC 07H .0208 (G)(iii) (Specific Use Standards), which states in part that a pier and docking facility length shall be limited by, "not extending more than one-fourth the width of a natural water body." Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines wnrwrarem� '11 North Carolina Department of EYMronmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Morehead City Office 1400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808 March 16, 2020 Page 3 for Areas of Environmental Concern or local land use plans, and N.C.G.S. 113-229, which requires that a permit be denied for cases where a proposed development will lead to a significant adverse impact to fisheries resources. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit denial available to you is to petition the Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal Resources Commission. Applying for a variance requires that you first acknowledge and recognize that the Division of Coastal Management applied the Rules of the Coastal Resources Commission properly in processing and issuing this denial. You may then request an exception to the Commission's Rules based on hardships to you resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by contacting a member of my staff, or by visiting the Division's web page at: https:Hdeq.ne.gov/about/divisions/coastal-management/coastal-management-permits/variances- appeals. Members of my staff are available to assist you should you desire to modify your proposal in the future. If you have any questions concerning this matter, please contact Mr. Gregg Bodnar at (252) 808-2808 extension 215. Sincerely, Braxton C. Davis cc: Col. Robert J. Clark - U.S. Army Corps of Engineers, Wilmington, NC Greg Curry — U.S. Army Corps of Engineers, Wilmington, NC Linda Culpepper — Director, NC Division of Water Resources, Raleigh, NC Sheri Montalvo — NC Division of Water Resources, Raleigh, NC Robb Mairs — NC Division of Water Resources, Wilmington, NC Dan Sams - DEMLR, Wilmington, NC North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wdmingtom North Carolina 28405 1910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1 2S2808.2808 ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles E. Walters Jr. PO Box 7838 Ocean Isle Beach, NC 28469 Dear Mr. Walters Jr.: NORTH CAROLINA Environmental QuaUty March 16, 2020 This letter is in response to your application for a Major Permit under the Coastal Area Management Act (CAMA), in which authorization was requested to construct a three slip docking facility along the Atlantic Intracoastal Waterway (AIWW) at 9269 Peakwood Dr. SW, near the Town of Sunset Beach, in Brunswick County. Processing of the application, which was received as complete by the N.C. Division of Coastal Management's Wilmington Office on November 13, 2019, and which was extended on January 24, 2020, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The subject property is located at 9269 Peakwood Dr. SW, Sunset Beach, in Brunswick County. 2) The proposed project would involve development within Public Trust and Coastal Wetland Areas of Environmental Concern (AEC). 3) The proposed project is located along the AIWW and adjacent to the U.S. Army Corps of Engineers (USACE) AIWW 80ft setback. The surrounding waters are classified as SA, HQW and are closed to shellfish harvest. 4) The waters in this location are designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries' Marine Fisheries Commission (MFC). 15A NCAC 07H. 0208(a)(4) of the Rules of the Coastal Resources Commission further define PNA's as "Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development offinfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are designated and described by the N.C. Marine Fisheries Commission (MFC) and by the N.C. Wildlife Resources Commission (WRC); " North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 1 910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead Cfty. North Carolina 28557 1 252,808.2808 March 16, 2020 Page 2 5) The proposed project involves application under the Coastal Area Management Act requesting authorization to construct a three slip docking facility along the AIWW. The proposal consisted of a 400ft x 6ft pier and 12ft x 24ft partially covered platform, and 8ft x 16ft shore parallel floating dock, and a shore perpendicular 15ft x 26ft boathouse. 6) Depths at the''/4 width were noted in the application at approximately -0.5ft to -1.5ft at mean low water. Depths located at the 80ft USACE setback were noted in the application at -2.6ft to -5.6ft at mean low water. 7) The proposed project would involve the incorporation of 806 square feet of open water. 8) During the course of the joint State and Federal review, the Division of Marine Fisheries' (DMF) noted that as proposed, DMF does not object to the project. N.C. Division of Water Resources approved the project as proposed under General Certification 4175. The Division of Coastal Management field staff recommended denial of the permit based upon the inconsistency with rules of the Coastal Resources Commission regarding exceeding the'/4 width and established pier or docking facility length along the same shoreline for similar use. 9) Based upon the above referenced findings, the Division of Coastal Management has determined that the proposed project to construct a three slip docking facility along the AIWW is inconsistent with the following rules of the Coastal Resources Commission: a) 15A NCAC 07H .0208 (G)(i) (Specific Use Standards), which states in part that a pier and docking facility length shall be limited by, "not extending beyond the established pier or dockingfacility length along the same shoreline for similar use". b) 15A NCAC 0711 .0208 (G)(iii) (Specific Use Standards), which states in part that a pier and docking facility length shall be limited by, "not extending more than one-fourth the width of a natural water body." Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines NGIiIHCPflIHMPD � � Y Oepa2neololFmLrcuienW QUYI� North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead Ctv. North Carolina 28557 1 252-808.2808 March 16, 2020 Page 3 for Areas of Environmental Concern or local land use plans, and N.C.G.S. 113-229, which requires that a permit be denied for cases where a proposed development will lead to a significant adverse impact to fisheries resources. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit denial available to you is to petition the Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal Resources Commission. Applying for a variance requires that you first acknowledge and recognize that the Division of Coastal Management applied the Rules of the Coastal Resources Commission properly in processing and issuing this denial. You may, then request an exception to the Commission's Rules based on hardships to you resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request" to be eligible to be heard at that meeting. The standard variance forms may be obtained by contacting a member of my staff, or by visiting the Division's web page at: https:Hdeq.ne.gov/about/divisions/coastal-management/coastal-management-permits/variances- appeals. Members of my staff are available to assist you should you desire to modify your proposal in the future. If you have any questions concerning this matter, please contact Mr. Gregg Bodnar at (252) 808-2808 extension 215. Sincerely, Braxton C. Davis cc: Col. Robert J. Clark - U.S. Army Corps of Engineers, Wilmington, NC Greg Curry — U.S. Army Corps of Engineers, Wilmington, NC Linda Culpepper — Director, NC Division of Water Resources, Raleigh, NC Sheri Montalvo — NC Division of Water Resources, Raleigh, NC Robb Mairs — NC Division of Water Resources, Wilmington, NC Dan Sams - DEMLR, Wihnington, NC " xcrriwcu�cuun� � ��� nepw��.�,mcnw�miaw� North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 278891 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead Clint. North Carolina 28557 1 252.808.2808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Charles Walters, Jr. COUNTY: Brunswick PROJECT NAME: 9269 Peakwood Drive Docking Facility LOCATION OF PROJECT: 9269 Peakwood Drive, Adj to AIWW, Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-13-19 FIELD RECOMMENDATION: Attached: Yes To Be Fonvarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMIT UNIT: FEE REC'D: S250#1029 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 11-28-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 1-27-20 MAIL OUT DATE: 11-26-19 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 12-19-19 DEED REC'D: Yes 150 DAY DEADLINE: If 2C7 STATE DUE DATE: 12-19-19 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM — Field Rep t112,&( Local Permit Officer DCM DCM — LUP Consistency Determination�- t Rural Development Division DEMLR— Stormwater & Sed/Erosion DWK-401 DOA — State Property Office lZ l7 Il4 VfAy boat Imoa +- DMf —Shellfish Section NCDOT DMf — Habitat & Enhancement Z uiJll.eH �i � t w DWI. —Public Water Supply USACE — Regulatory DNCR— Archives &History IT 64 q k DNCR — Natural Heritage Program WRC— WildlifeResourcesCommission I (y RECEI 070 49 NOV 2 6 2019 DCM-MHD CITY Shoreline length =167 ft. x 8 sq. ft. =1,336 sq. ft. allowable. Proposed: Fixed Platform =12' x 12' (covered) + 12' x 12' (open) = 288 sq. ft. Floating Dock = 8' x 16' =128 sq. ft. Covered Boathouse =15' x 26' = 390 sq. ft. Total (proposed) = 806 sq. ft. The proposed development would provide docking space for a total of three (3) vessels. The proposed docking facility would extend 194' beyond the marsh to the edge of the USACOE 80' federal channel setback, exceeding both the pier head line and the Y4 width limit. This distance would be INCONSISTENT with NCAC 07H .0208 (b)(6)(G)(i) and NCAC 07H .0208 (b)(6)(G)(iii). The application appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208 (b)(6), including those which dictate the maximum allowable platform area, the 15' riparian setback, and the federal channel setback. EECEIVE" F E B 1 4 2020 UP SECTION PY.HD Recommendations for State Permit- Walters' Family Dockine Facility The square footage of the proposed docking facility is calculated as follows: Shoreline length =167 ft. x 8 sq. ft. =1,336 sq. ft. allowable. Proposed: Fixed Platform = 12' x 12' (covered) + 12' x 12' (open) = 288 sq. ft. Floating Dock = 8' x 16' =128 sq. ft. Covered Boathouse =15' x 26' = 390 sq. ft. Total (proposed) = 806 sq. ft. The proposed development would provide docking space for a total of three (3) vessels. The proposed docking facility would extend 194' beyond the marsh to the edge of the USACOE 80' federal channel setback, exceeding both the pier head line and the ''/. width limit. This distance would be INCONSISTENT with NCAC 07H .0208 (b)(6)(G)(i) and NCAC 071I.0208 (b)(6)(G)(ii). The application appears to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208 (b)(6), including those which dictate the maximum allowable platform area, the l 5' riparian setback, and the federal channel setback. RECEIVED NOV 2 6 2019 DCM-MHD CITY rtrnr� ROY COOPER .NORTH CAROL INA F'1Yvrr'nn2dtU[FI i)iWiIJI` November:26, 2019, MEMORANDUM., FROM: Gregg Bodnar, Assistant'Major Permits;Goordinatof NCDEQ -,Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28657 Fax:'252�247-3330 (Gourley 11-12-09) aread.bodnar aONCDENR:gov $UBJ,EC"T: CAMA. MICHAEL S. REGAN �.,, BRAX.TON DAV1'S 1lnt"" 1 br onco of f U, <hd d hnrng,m,�ne Applicant;• Charles Walters, Jr. Project Location: 9269,0eakwood Dr. 'SW, adjacent to Aim in Sunset Beach, Brunswick County Proposed Project: Installation of newprivate docking faq#itywith boathouse. Please'jndicate below your @geapy's' position or viewpoint on'the proposed project and return this'.form to`Grepo Bodnar at`the address above bDecb92mr01I If you have any questions: regarding the.proposed project, contact Brendan Brock at.(910) 796: 7270 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 ag6ncy.approves of the project only if the recommendetl changes are incorporated: See attached: This --agency objects,to the project for reasons described in the attached'comments. PRINT1WLkME a_fA A'Oul.n KENGY S.M,GNATUR�, DATE RECEIVED DEC 3 2019 i1IP SECTION MHD State of North CarolinaIEnvironmental Quality I Coastal Management 127 Cardinal Drive£xt.., Wilmington, NC28J05 0197961215 NORTH CAROLINA Environmental Qrrnitty November 26, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 26557 Fax: 252-247-3330 (Courier 11-12-09) areas.bodnar(o)NCDENR.QOV SUBJECT: CAMA ROY COOPER Governor MICHAEL S. REGAN ScCmwy BRAXTON DAVIS Do"tar, D,,khm olConauf dlnnnguna:nt Applicant: Charles Walters, Jr. Project Location: 9269 Peakwood Dr. SW, adjacent to AIWW in Sunset Beach, Brunswick County Proposed Project: Installation of new private docking facility with boathouse. Please indicate below your agency's position or viewpoint on the proeased project and return this form to Gregg Bodnar at the address above by D ce ember 12019:i If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 RECEIVE® G N DEMLR NOV 2 6 2019 61GNATUR 6..ixga,rt. MP SECTION MH® DATE Nov 26, 2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 9197967215 ROY COOPER MICHAEL S. REGAN s..•.e,a�,- NORTH CAROLINA 611,11-ortmenrnl Qualim November 26, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) greaa.bodnar aC�.NCDENR.00v SUBJECT: CAMA Applicant: Charles Walters, Jr. Project Location: 9269 Peakwood Dr. SW, adjacent to AIWW in Sunset Beach, Brunswick County Proposed Project: Installation of new private docking facility with boathouse. BRAXTON DAVIS (hrcrmc l urierzuuJ Cnn+m! h(orrngenivev Please indicate below your agency's position or viewpoint on the Qroposed project and return this form to Gregg Bodnar at the address above by pecemb it 19, 51 If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 AGENC�1� NC DMF - Shellfish Sanitation §IGNATUR (-L.4,e,W4 for Shannon Jenkins bATTB 12/9/2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fxe, Wiltnington, NC 28405 919 796 7215 RECEIVE® DEC 1 2 2019 MP SECTION WD f 'Y I . ♦ w.d NORTft CAROL INA Ei vlronmenMl Ovahn, November 26, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major permits Coordinator NGDEQ - Division of Coastal Management 400-Commerce Avenue, Morehead. City, NC 26557 Fax:1252 2473330 (Courier4l-12 09) greI bodnarfa NCDENR.a`ov; -SUBJECT: &AMA. ; ROY C OPER' (%n lVfY11CF MICHAEL S. REGAN - tieh�tmyl Applicant: Cfiarles:Wafters,,Jr. ProjectLocation: 9269 Peakwood Dr. SW, adjacentIdAIWWin Sunset Beach, Brunswiok'County Proposed Proiect: Installation.of new private, docking facflity with boathouse. BRAXTON DAVIS nlnndi. niO ton or oa#af hlmmgeminr Please: indicate below your agency's position of viewpoint on the projectand return: this form to Gregg:Bodnar at the address`above.by pecember t19 r2019If.you have'any_questions regarding'the,proposed project, contact Brendan Brock at (910) 796-7270 when appropriate; in-depl:4 comments.with`supporting data is "requested. , REPLY: This agency has no objection to the project as proposed, "A'dditional comments may be �ryL a0A 4 This agency has no cornmenton the;proposed,prcject. tc This agency approves of the project only if the recommended changes f r are incorporated.; See.attached, This agency objects to tfie project for reasons described in the attached comments. RI�IT NAAji (��Q t'%(ACC, aC SIG ATUR WQ/>k0�!'� CI�SiJF�I! GC DEC 1 3 2019 VIP SECTION WD Slate of Nonh Carolina I Enviromnenlal Quality I Coastal Management 127 Cardinal lhisv Ext., Wilmington, NC28405 919 796.7215 North Carolina Department of Administration State Property Office Roy Cooper, Governor December 12, 2019 TO: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard C WOA & �—"a'LOAC' Real Property Agent Department of Administration SUBJECT: CAMA / APPLICATION REVIEW Charles Walters, Jr. RE: Installation of new private dock facility with boathouse Machelle Sanders Secretary Tim Walton Director Please confine 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. G ECOi9 D DEC 1 3 2019 PAP 03ECTION MHD State of North Carolina I State Property Office 116 Westjones Street, Suite 405511321 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: http://www.ncspo.com ROY COOPER cn�m,V MICHAEL S.,REGAN �artvan• BRAXTON DAVIS- November 26; 2019 .MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coodinator NCDEQ - Division•of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax. 252-247-3330 (Courier 11-12.09) gregq. bodr;k(a1NCDENR.gov SUBJECT:. CAMA Applicant, Charles Walters, Jr - Pro_ ject Location: 9269 Peakwood Dr. SW,, adjacent to A1WW in Sunset Beach, Brunswick County Proposed Project: Installation of new private docking facility with boathouse. 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 December 19, 2019 If you have any questions regarding the proposed project, contact Brendan Brock'at (910) 796-7270 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.commeht 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 +' I A r rG I i AGENCY N r- b e, l2 rL- 0 � (D M• M vrGc SIGNATURE _ I ' ` -� •;'Y� DATE I Z�ln I I State of North Carolina I Environmental Qualityi,Contal Manasemem 127 Cardinal Dri+v Ett, Wlmivgton, NC 29405 919796.7215 R,EC"EIAVED DEC 1 2 2019 AhP .SECTI®IV MHD - I November, MEMORANDUM.' -FIRPW SUBJEM- L St-' ate MICHA, E R'EGAN. ihrclunt 6RA-XTdWDkViS', an 0001 �ER-J.9 514,77" B4 or, P- Gtiii .OFMIL§, odMina 400 Commerce Avenue'Morehead CWy.','NC.28567 Fax ::252-247-3330'(CoWfer, 1 142-09)- ireg bb&na 6 j d�Nb6bKkciov "D , 9269 Peakwood Qr. SW centto.AlWin,$Unset.BQach, *4wickcoaqty" Trbp-9s6d,Project:. MW/latloh d new, fiv* qock;n#,,facflhy ivlll . b'dathbwb. REPCY thii ageriq fi" h6 obIkEamb the :p(qjejct-a*proposed. n [""comments'.,6y,,. aftc.he thisagency haino,coMTqp1on iheproposed project., this i6en6y.apptoves of p-rojd& only if the recommendedthang s, e are ,incorporated ,�see:aftacK4d,. This agency .obj446,taih&,' "' 'f6r reasons described rvtAe attq I clied,ccimments, RWOWAWERen6e qled.lill-EafrkT. Stak Historic Pres'er'vAtion'Offide RECEIVED DEC 1 7 2019 MP SECTION MHD 0 fNwhc arolim t '127 C DiviE4,W-,1.6z=TjC2S405,. ;4 13,' DEC 0-4, ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W. MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator FROM: Anne Deaton, NCDMF Habitat Assessment Manager SUBJECT: Charles Walters Project DATE: February4, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to construct a new private docking facility in the waters of the AIW W, Sunset Beach, Brunswick County. The waters in this area are classified as SA, high quality waters (HQW), designated as a primary nursery area (PNA) and closed to the harvest of shellfish. The proposed construction consists of an access pier, fixed platform, floating platform, and a covered boathouse with a boatlift inside. The proposed structure extends 32% into the waterway. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Docking facilities have the potential to shoal after construction leading to decreased depths in slip areas and should be considered through the design process. Since this area is PNA, future requests to dredge will be opposed by the DMF Fisheries Resource Specialist. It is the position of the DMF that all projects should be sited and configured to avoid negative impacts to fisheries resources and habitats. The current proposal to extend past the Y4 width and to the USACE setback line would aid in achieving sufficient water depths for the proposed floating structures and formalized slips, thus being the preferred location of the terminus. However, CRC rule language limits development to the Y4 width of the waterbody. If DCM rule language or other methods allow this project to move forward even though the proposed project is exceeding the Y4 width of the waterbody and extending beyond the pier headline of adjacent properties, WIP —wild. not object to the proposed Uri However, if the project is required to conform to the Y4 width or pier headline, DMF has determined based on the drawings that the applicant cannot achieve the necessary depths for floating structure in order to avoid bottom damages to soft bottom PNA habitat. Due to the insufficient depths, it is the recommendation of DMF that in the issuance of a permit where structure is terminating at the Y4 width, only fixed platforms be authorized or conditioned. Additionally, the drawings show that when restricted to the Y4 width, the depths are insufficient to avoid bottom impacts to PNA habitat from formalized slips. To avoid significant continuous bottom impacts to PNA habitat, it is the recommendation of the DMF that all formalized slips identified in the application drawings be conditioned as boatlifts with physical stops at 18" RECEIVED —e Nothing Compares� F E B 5 2020 State of North Carolina I DMslon of Marine Fisheries 3441 Arendd Street I P.O. Box 769 I Morehead City, North h C28557 252-726-7On NIP SECTION M H D above the bottom substrate. With these modifications and conditions, the project would minimize significant impacts to productive PNA bottom habitat. Contact Anne Deaton at (910) 796-7311 or Anne.DeatonOncdenr.go with further questions or concerns. RECEIVED FEB 5 20-0 M,P SECTION I'vl"HO Nothing Compares State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 l CAROLINA Eiri•lromirtwi✓l Qtut7ifr. November 26, 2019 mEmoRANDUM: FROM: Gregg.Bodnar, Assistant Major Permits Coordinator NCDEQ - Division ofCoastal; Management 400 Commerce Avenue, Morehead City, NC 28567 Fax: 252247-3330 (Courier 11-_12-09) :greao.bodnarONCDENR gov SUBJECT: :AMA ROY COOPER ;iiolY•rilur MICHAEL 9.IREGA4 :e•�miA�. YW(TON DAVI$ n!/C(I/If'(i(Y%f(nn nf('rggol. A/ano(,rcnnu'f Applicant: Charles Walters,, Jr. Project. Location: 9269 Peakwood Dr. SW, adjacent to AlK W'fn Sunset Beach, Brunswlok.County Proposed Project; installation of new private docking facility with boathouse: Please indicate below your agency's position or viewpoint on the ro osed roject and return this form to Gregd Bodnar at the address above ,by pecembe� 20M If you have any questions regarding the proposed project, contact Brendan Brock at,(910) 796-7270 when appropriate; in-depth comments with supporting data is requested REPLY: This agency has no objectiomto the project as proposed., "Additional comments may attached" This:agency has no comment on the proposed project. This agency approves of the project only, ifthe recommended'changes are incorporated:,:See attached. This agency objects to the project for reasons described in the attached comments. u o `o RECEIVED JAN 2 2020 MP SECTION MHD State of Nonh Carotilm i Environmental Qmlity i Coastal Management 127 Cardinal Drive Ut., Wilmington. NC 2M05 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretory STEPHEN W.MURPHEY Director MEMORANDUM: TO: Gregg Bodnar, DCM Assistant Major Permit Coordinator 1�l FROM: Curt Weychert, NCDMF Fisheries Resource Specialisit (�(/` SUBJECT: Charles Walters Project ��v� DATE: January 2, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to construct a new private docking facility in the waters of the AIWW, Sunset Beach, Brunswick County. The waters in this area are classified as SA, high quality waters (HQW), designated as a primary nursery area (PNA) and closed to the harvest of shellfish. The proposed construction consists of an access pier, fixed platform, Floating platform, and a covered boathouse with a boatlift inside. The proposed structure extends 32% into the waterway. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food, protection, and proper environmental conditions during vulnerable periods of their life history, thus protection of these areas are imperative. Docking facilities have the potential to shoal after construction leading to decreased depths in slip areas and should be considered through the design process. Since this area is PNA, future requests to dredge will be opposed by the DMF Fisheries Resource Specialist. If DCM rule language or other methods allow this project to move forward even though the proposed project is exceeding the 1/4 width of the waterbody and extending beyond the pier headline of adjacent properties, DMF would not object to the proposed project. However, if the project is required to conform to the 1/4 width or pier headline, DMF would require that all Floating structures over PA be sited in at least -24" NLW. DMF would also require that any boatlifts proposed over PNA be sited in waters deeper than -18" NLW and conditioned with stops at 18" as to remove the potential for bottom disturbance. Contact Curt Weychert at (252) 808-8050 or Curt.Weychert@ncdenr.eov with further questions or concerns. RECEIVED J A N 2 2020 —%'Nothing Compares. . FAP SECTION PAHO State of North Carolina I Division of Marine Fisheries 3441 Armdell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 DocuSign Envelope ID: BOB21DC7-399D<D93-8524-12B6BB95E480 ROY COOPER Goverrwr MICHAEL S. REGAN secretary LINDA CULPEPPER Dbwror Charles E. Walters, Jr PO Box 7838 Ocean Isle Beach, NC 28469 NORTH CddQuN�Ar December 30, 2019 DWR # 2019-1755 Brunswick County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 9269 Peakwood Drive — Sunset Beach NC, 28467 Dear Mr. Walters Jr: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on November 26, 2019. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). RECEIVED J A p1 2 2020 North Carolina Wilmingtones Department RegonalOfflre 1127CardlnalDrlvExtension IS'�NR,�hpr nS iton of Water ca. TIGN MHD .o..,.w,.........,. \ 910.796.7215 �Yir DocuSign Envelope ID: 80B21DC1-399D-4D93-8524-l2B6B895E48D The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 ifsending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Robb Mairs at 910-796-7215 or robb.mairsftncdenr.gov if you have any questions or concerns. Sincerely, Bwusienee by- - o4 f1..r µtoy 7F141E73B6F3456... for Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC DWR 401 & Buffer Permitting Branch file-LF RECEIVED JAN 2 2020 MP SECTION MHC i►A ON re. To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Charles Walters Jr., Sunset Beach, Brunswick County Date: January 10, 2020 The applicant proposes to install a private pier, covered platform, boathouse, and a floating dock for a total of three (3) slips. The project is located at 9269 Peakwood Dr. SW, adjacent to the AIWW in Sunset Beach, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are CW, and PT. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Mainland Residential, while the AECs impacted by the work are classified as Conservation Reserve. In general, the Town of Sunset Beach allows development in Conservation Reserve classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach 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. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File RECEIVED JAN 1 0 2020 MP SECTION MHD November 26; 2619 MEMORANDUM.' FROM: SUBJECT, Applicant: Project Location: Fax: LAMA Brunswick ROY:COOPER . . 0",ar' MICHAIL S. REGAN, BRAXToi ' 4 b0ig. Permits Coordinator 28557 Dr- SW,.adjacenttoA1WWYj Sunset Beach, Proposed Project: Installation of new private docking faciW With , boathouse. Please indicate below your agency's position orviewpoint on the proposed. project and return this form to Grew Bodnar Wthe:address above byl?eCWi-b-0r---1--If you s -- have any.questionregarding the proposed project, contactBrendan Brock-at,(Plo) 79&7270 when.apprppriate, . in-depth'commenti , with, supporting data,is requested. REPLY: This, agency 1has no objection tq the project as peopmd. "Additional comments may "be attached" This agency! ,,has no cornment'bri the proposed project. This agency 1600f6ves of the project only if the recommended changes are incorporated. See attached. This agency !objects to the, project for reasons described in the attached comments. RECEIVED AGENCY JAN 1 .9 2020 SIGNATURE) MP SECTION MHD State oiN Carolina I jlrvtmental Quality I Cmtal lvlanage" lrC,d,,JDriw1laa..Wi1m1gLCn,NC2&W5 9197967215 Bodnar, Gregg From: Currey, Gregory E CIV USARMY CELRP (USA)<Gregory.E.Currey@usace.army.mil> Sent: Friday, January 17, 2020 12:28 PM To: kathryn_matthews@fws.gov; Leigh_Mann@fws.gov, pace.wilber@noaa.gov, Pete_Benjamin@fws.gov; Owens, Jennifer L CIV USARMY CESAW (USA); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan coble; Ryan. L.Taylor@uscg.mi1; fritz.rohde; matt creelman; Bodnar, Gregg; Twyla Cheatwood; John; Mairs, Robb L; MacPherson, Tara; Howell, Jonathan; Haupt, Mac; Brock, Brendan O Subject: (External] SAW 2019-2282 PGP 291 Walters Dock Attachments: Walters.bio.narrative.app.drawings.pdf; SAW-2019-02282_Walters Jr._ePN.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit request for the subject project. The project is being reviewed through the Programmatic 291 process. The attached notice requests federal agency comments on this project by February 17, 2020. The project site is located at 9269 Peakwood Dr. SW adjacent to the AIWW in Sunset Beach, Brunswick County, NC. The applicant proposes to install a private pier, covered platform, boathouse and a floating dock for a total of three (3) slips. Project impacts will include 806 square feet of shading impacts adjacent to the AIW W. The Corps Federal Channel, which is located along the AIW W is approximately 80 feet to the north/north west. Please see the attached application request, plans dated August 23, 2019, and location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within the project area designated SA and HQW by the Division of Water Resources. Waters within the project area ARE designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed, relative to the harvesting of oysters. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines would be required as a condition of this proposed action. Bodnar, Gregg From: Brock, Brendan O Sent: Tuesday, December 31, 2019 8:55 AM To: Bodnar, Gregg Subject: Re: Walters Good morning Gregg. The applicant for the Walters Major is aware of the 1/4 width rule and is prepared to receive a denial and seek a variance. As for the Ocean Isle Beach dredging major, we have received 5 over -sized copies of the application at the office including the newly requested dredge pipe location sheet. Brendan Brock Field Representative NC Division of Coastal Management Department of Environmental Quality 910 796-7270 office brendan.brock@ncdenr.gov 127 Cardinal Drive Ext Wilminaton. NC 28405 !-''Nothing Compares - From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, December 20, 2019 3:11 PM To: Brock, Brendan O <brendan.brock@ncdenr.gov> Subject: Walters Hey Brendan, Is the applicant aware of the X issues and heading towards denial? Gregg Bodnar, Gregg From: Sent: To: Subject: Attachments: Afternoon Mr. Walters, Bodnar, Gregg Friday, January 24, 2020 4:08 PM 'edd ie@su nsetproperties.travel' CAMA project extension Walters EXT'.pdf Please see above for the project extension. Regards, Gregg Et aaw."rrar � f� i �•-- Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252, 808 2808 ext 215 (Office) Gregg<8odna r6Qncdenrgov Email correspondence to and from this address is subject to the North Carolina Pablic Records Law and may be disdosed to third parties. STATE d w• ,q P/4 ROY COOPER NORTH CARouNA Governor Environmental Quality MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director January 24, 2020 Charles Walters Jr. eddie@sunsetproperties.travel Dear Mr. Walters Jr., This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities in Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make April 11, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM WiRO North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Bodnar, Gregg From: Eddie Walters <eddie@sunsetproperties.travel> Sent: Monday, February 10, 2020 10:48 AM To: Bodnar, Gregg Cc: Brock, Brendan O; MacPherson, Tara Subject: (External] RE: CAMA Application for Charles Walters Jr • hments unless you verify. Send ((suspicious e its"a Dear Mr. Bodnar, Thank you for speaking with me regarding the DMF letter and additional requirements if building within the Y. width length limitation. Unfortunately, we do not have sufficient water depths around low tide to make building such an expensive structure feasible. As a local boater and fisherman since 1975, 1 very well know how severely boating and fishing access will be impacted if we were only allowed the Y, width length. When further limited by the hard stop requirements as noted by DMF, navigable water access will be reduced to only a couple hours around high tide and in 12 hour intervals. All of this would render the entire project of a recreational pier/lift/floater structure unfeasible. It is for these reasons, along with the personal desire "to avoid negative impacts to fisheries resources and habitats" as noted in DMF's letter, we wish to proceed with the application as submitted and without the Y. width limitation. Twenty-five years ago when we built our previous pier/dock located less than 1 mile north, we were able to build to the 80' ACE offset by utilizing the 1/3 waterbody width rule utilized at that time. While rules have changed to reduce the length of piers/docks, the depths of the ICW and adjacent waters have also been reduced from lack of maintenance dredging. I know maintenance dredging is beyond the scope of DEQ so a revision back to the 1/3 waterbody width rule would be very helpful to anyone wanting to build a pier/dock along the waterway. As mentioned, we would like to seek a variance to the waterbody width rule in order to achieve reasonable water depths required for recreational boating, fishing and crabbing around the full tidal cycle. It would be very helpful if we are able to mover forward with this process in order to be scheduled for the mid -April CRC meeting. Thank you for your assistance in this matter. Eddie Walters Managing Partner Sunset Properties, Inc. (o) 910-575-8664 (m)910-443-1264 (f) 910-579-0172 www.SunsetProoerties.travel From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Friday, February 7, 2020 9:11 AM To: Eddie Walters <eddie@sunsetproperties.travel> Cc: Brock, Brendan 0 <brendan.brock@ncdenr.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: CAMA Application for Charles Walters Jr Morning Mr. Walters, Per our earlier conversation, I have attached DMF comments above, but in summary they are requesting that the proposed floater become a fixed platform and all contain a boat lifts with physical stops at 18 inches above the substrate. With these comments I wanted to pass them along to get your feedback on the DMF proposal. Thanks, Gregg W Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental quality 252 BOB 28M ext 215 (of key Grc &gAnar&ncdear g" Email correspondence to and from this address is subject to the North Caroffrw Public Records Caw and may bedisclosed to third parties. Applicant Agent Physical Address AECs Riparian Notification? Ski � Raparian rights From Property line Navigation/ Channel Proximity FT calculations PTA Concerns? Application Review Checklis'Letter A i1// 75 r 7 sp Placard Comme t 121,916 L' —_ Pub A it( /� Comment U- (. 4r[ecs I`tL`�� JG Computer 1 u A n Deficiency Letter? %/T(a tII A Field Rep. DIrm 9 2 (09 +dui � ,7r . SW � t jewc r / Habitat r 1 �1y Designations �^�C' �7f4'I'�{%l� Development l (o Buffer 510 r Green Card? 11/NIi9 � Signed Form? No Obj Waive 15' Fee 5chedulZ 8�t+��4 �,(•e�(r� QJ. �u� II yl�gp�K. Water Dependent Deed? G40'tabx.Zc l65 µlP -, E PH or 25' 1/4width? 400, N. F rtS= iS` wpr4p6e, f A 114 b1e�r'f R ential Commercial (^�. ft='or 27ft2 N/A I10�f LF j� 5 �� S& '- 'L- ISSUES OF NOTEEJ�+.tb.+s S � '� 14( w "t it 14 P'er% iLv�S',i7�14 ttI(I-10 -.,) Apo Cl w "/Y/t4 qisl 19 �UA4') �c(w dcpl1t — 6 3-6 — 1, 5 f � ki-W Pier 1 t C!�)�(�_,h (,�) \�) Ire S,An$ylVeA W'q)j ugIrA -&A)I rld -'P° S� J Major Development Excavation/Fill Applicant Address County Physical Location including Waterbody Description MP Forms Dates Drawings # Drawings & Dates Development Types Including Conditions and Notes ;C i.V DWR 401 Certification # Permit Fee Permit Checklist Permit # MP1 I MP2 I MP3 I MP4 MPS cL-0 4"S ;S I,Ps USACE SAW # �Zso loo /,i Additional Comments On Back DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Charles Walters Jr PROJECT NAME: Walters' Family Docking Facility 2. LOCATION OF PROJECT SITE: 9269 Peakwood Dr. SW adjacent to the AIW W in Sunset Beach, Brunswick County Coordinates: Latitude N 33°52'22.10" Longitude W 78°33'02.43" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1 I-13-19 Was Applicant Present — No S. PROCESSING PROCEDURE: Application Received - 6/26/19 Application Complete — 11-13-19 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach Land Classification From LUP — Conservation Reserve (B) AEC(s) Involved: PT, CW (C) Water Dependent: Privatc Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - None Planned - N/A (F) Type of Structures: Existing - Single family residence Planned - Three (3) slip docking facility (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water N/A 806 s ft. N/A Inco orated (D) Total Area Disturbed: 806 sq. ft. (018 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to install a private pier, covered platform, boathouse, and a floating dock for a total of 3 slips. RECEIVED NOV 2 6 2019 DCM-MHD CITY Walters' Family Docking Facility November 21, 2019 Page 2 9. PROJECT DESCRIPTION The proposed project is located on the mainland side of the AIWW in Sunset Beach, Brunswick County. The property can be reached by traveling NC HWY 17 south towards Sunset Beach. Travel straight through the intersection of HWY 17 and NC 130 in Shallotte, and continue down HWY 17 until you reach Seaside Rd SW/ NC 904. Take a left onto Seaside Rd S W/ NC 904 and continue south until it intersects with NC 179/ Old Georgetown Rd SW. Take a right onto NC 179/ Old Georgetown Rd SW and continue for approximately 3.5 miles. Turn left onto Beach Dr./ NC 179 Business. Continue south for approximately 1.5 miles and then take a right onto Ocean Harbor Golf Club Rd. Take your first left onto Peakwood Dr. and continue until you reach 9269 Peakwood Dr. on the left-hand side. The property consists of a single family residence located on a 1.8-acre high bluff parcel approximately 20-25' above normal high water (NH W) and is vegetated with typical coastal -plain tree species. The property has approximately 167' of shoreline frontage along the southern edge of the property and is stabilized with natural vegetation. 404-type wetlands extend upland approximately 5 feet above coastal wetlands. Coastal wetlands consisting primarily of Smooth Cord Grass (Spartina alternii fora) and patches of Black Needlerush (Juucus romarianus spp.) extend waterward approximately 275' beyond the 404-type wetlands. The width of the waterbody measures approximately 600' from marsh to marsh in the vicinity of the proposed pier. The waters of the AIW W are classified SA by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to install a private pier, covered platform, boathouse, and a floating dock for a total of 3 slips. The applicant proposes to build a 6' x 440' access pier (as measured from MHW) that would originate from an upland point and extend toward the southeast, terminating into a 12' x 24' half -covered fixed platform (approximately 194' beyond the outer edge of the marsh). A gangway connected to the fixed platform would give access to a 8' x 16' floating dock that would run parallel to the AIW W extending northward (Slip #2 & Slip#3). To the south of the 12' x 24' fixed platform would be a 15' x 26 boathouse with boat lift (Slip #1). The property appears to have approximately 167 linear feet of shoreline and the facility's design appears to remain within the applicant's area of riparian access; no waivers would be required for the proposed project. Water depths in the vicinity of the proposed docking facility range from -2.6' at mean low water (MLW) to -5.6' MLW near the waterward end of the boathouse. The applicant's design extends beyond both the pier head line of adjacent docking facilities and the %4 width limit and terminates at the edge of the USACOE 80' setback. The applicant proposes to extend beyond the pier head line and '/4 width to reach navigable water depths throughout the tidal range and to avoid bottom impacts to the Primary Nursery Area (PNA). Water depths measured at the pierhead line range from -3' (-3.6') MLW to +.8' (+9.6") MLW. Water depths measured at the'/4 width limit range from -1.3' (-15.6") MLW to -1.5 (48") MLW. As proposed, the docking facility would extend to 32% of the waterbody width. RECEIVED NOV 2 6 2019 DCM-MHD CITY Walters' Family Docking Facility November 21, 2019 Page 3 10. ANTICIPATED IMPACTS The proposed docking facility would result in the incorporation of approximately 806 square feet of Estuarine Waters and Public Trust Area. As proposed, the docking facility would be located with sufficiently deeper water at NLW than the required 18" - 24" at NLW in Primary Nursery Areas. The proposed development would be located outside of the adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of the federal channel setback. Turbidity associated with the piling installation would be kept to a minimum. Submitted by: Brendan Brock Date: November 21, 2019 Office: Wilmington RECEIVED NOV 2 6 2019 DCM-MHD CITY Project Narrative Proposed Pier, Gazebo, Floating Dock and Boat Lift On the Intracoastal Waterway For Charles E. Walters, Jr. 9269 Peakwood Dive SW Calabash Brunswick County The applicant wishes to construct a private 3 slip docking facility at a vacant parcel of land located at 9269 Peakwood Drive SW in the Town of Calabash. The private docking facility will consist of a partially covered t-head platform, covered boatlift and floating dock for recreational use. The proposed pier will be approximately 440 feet in length from mean high water to reach navigable water depths at low tide and the width will be 6 feet. The proposed pier would be elevated 3 feet above the marsh. The proposed t-head platform will measure 12 feet wide by 24 feet long of which 12 feet in width by 12 feet in length will be covered by a roof. The proposed floating dock will be 8 feet wide by 16 feet long. The proposed covered boat lift will measure 15 feet wide by 26 feet long. Standard construction methods will be used during construction of the proposed facility including but not limited to the use of a barge mounted piling drive, water jet for piling installation and power and hand tools for carpentry. The proposed outboard distance of the proposed pier is necessary to reach navigable water depths throughout the tidal range and to avoid bottom impacts to the Primary Nursery Area. The outer edge of the docking facility is proposed to extend to the US Army Corps of Engineers 80 feet setback from the federal navigation channel. Depths at the edge of the setback are approximately 4 feet at mean low water. Depths at the quarter width of the waterbody are approximately 1 to 2 feet at mean low water. As proposed the docking facility is 32%of the width of the waterbody. RECEIVED RECEIVED NOV 2 6 2019 NOV O I : ll' DCM-MHD CITY F)CM WILMINGTON, NC gem NI-1 APPLICATION for Malor Development Permit (last revised 12/27/06) wrg North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name Project Name (if applicable) Applicant 1: First Name Charles MI E. Last Name Walters, Jr. Applicant 2: First Name MI Last Name I/ additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box 7838 City Ocean Isle Beach Stale NC ZIP 28469 Country Phone No. 910-443-1264 ext. FAX No. 910-579-0172 Street Address (if different /Iom shove) 419 Sunset Blvd. S. City Sunset Beach Slate NC ZIP 28488- Email eddie@sunsetproperties.travel 2. AgenNContractorintiormatUon Business Name N/A Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor 0 Street Address (if different from above) City State ZIP Email RECEIVED RECEIVED NOV 2 6 2019 DCM-MHD CITY <Form continues on back> NOV O 1 ?IIH DCM WILMINGTON, NC 252.808.2808 :: 1.888.4RCOAST :: www.ncconstalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit & Project Location County (can be multiple) Street Address State Rd. / Brunswick 9269 Peakwood Drive Subdivision Name I CRY State Zip NIA NC 28467 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 —443 - 1264 ext. 3A Tract 1 parcel A (survey attached), I I , a. In which NC river basin is the project located? b. Name of body ofwater nearest to proposed project Lumber River Atlantic Intracoastal Waterway c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNalural []Manmade []Unknown Atlantic Intracoastal Waterway e. Is proposed work within city limits or planning jurisdiction? tiea le, li he planning jurisdiction or city limit the proposed NYes []Nowork falls sunset Beach ,L Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 167 approx. 36,848 a Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal wafer leveQ (if many lot sizes, please attach additional page with a list) 25 ®NHW or ❑NWL e. vegetation on tract Mixed hardwoods, pine trees, native grasses and coastal wellands. I. Man-made features and uses now on tract Single Family Residence g. Identify and describe the existing land uses adiacen to the proposed project site. single family residential h. How does local government zone the ftsW I. Is the proposed project consistent with the applicable zoning? agricultural -forestry AF-1 (Attach zoning compliance certificate, H applicable) ®Yes []No []NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes NNo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does R involve a ❑Yes NNo ❑NA National Register listed or eligible property? RECEIVED RECEIVED <Form continues on next page> NOV-0 1 2019 onrn rims WI GTO NGG NOV � o �u �� �+vmT*EMlfvv,-vr.� r•� 252-800.2808 :: 1.888.4RCOA8T :: www.nccoastalmanagement.net DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes []No (ill) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. onsite septic (bruswick county permit #2019073516 o. Describe existing drinking water supply source. Brunswick County Public Utilities p. Describe existing storm water management or treatment systems. NONE 8. Acltivides and lmpacte a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliciGovernment ®PrivatelCommunily b. Give a brief description of purpose, use, and daily operations of the project when complete. private residential docking facility for recreational use. 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. Standard marine construction methods using a barge mounted pile driver stored onsite. d. List all development activities you propose. construction of a private residential docking facility e. Are the proposed activities maintenance of on existing project, new work, or both? new f. What is the approximate total disturbed tend area resulting from the proposed project? 0 ®Sq.Ft or ❑Acres IF Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. NONE I. Will wastewater or stormwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the some salinity as the receiving water? []Yes ONO ®NA j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> RECEIVED NOV 01 2619 NOV - 8-2808 :: 1.888.4RCOAST :: www.nccoastatmo VM"Mjltla-Ynhl NC DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (n am always applicable to any major development application. Please consult the application Instruction booklet on how to property prepere the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scab. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the she. d. A copy of the deed (with state application only) or other instrument under which the applicant dams title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management, Name Rhonda Shell Phone No. 678-576-1914 Address 1010 Lake Windward Overlook Alpharetta, GA 30005 Name Locke & Mary Ann Newlin Phone No. 910-579-4626 Address 9271 Peakwood Drive SW Calabash, NC 28467 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and Issuing dales. h. Signed consultant or agent authorization torn, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property otmer) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). h 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. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application ' truthful to the best of my knowledge. Date C -7 / Print Name r - ir Signature L i Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MIP BridnesmW Culverts ❑DCM MP-3 Upland Development iitCIMED RECEIVED ®DCM MP-4 Structures Information NOV 2 6 2019 NOV 01 2019 DCM-MHD CITY D M WI MIN Toy NC 252.608.2806 -- 1.888-4RCOAST :: www. nccossta t manage ment.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/manna. ❑Commercial ❑Publir/Govemment NPrrvale/Community ❑This section not applicable b. (i) Will the facility be open to the general pubhc9 ❑Yes ONO c. (i) Dock(s) andlor plants) d. (i) Are Finger Piers included? ❑Yes NNo (if) Number 2 If yes. (iii) Length 440 8 (ii) Number (iv) Width f3 18 (iii) Length (v) Floating ®Yes ®No (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? NYes ❑No f. (i) Are Boatlifts includedn NYes []No If yes: If yes: (ii) Number 1 (it) Number 1 (ill) Length 12 (iii) Length n (iv) Width 24 (iv) Width 13 (v) Floating []Yes ONO Note: Roofed areas are calculated from ddpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, including travel Igt andlor rail, repair or Inn) Number of slips existing maintenance service D ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips') only, number of slips. 3 ❑ Dry storage, number of boats. ❑ Boat ramp(s), number of boat ramps: ❑ Other, please describe i. Check the proposed type of siting I. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types) []open water, dredging for basin and/or channel open runabout ®Open water, no dredging required ❑Other; please describe k. Typical boat length. 24 1 (1) Will the facility be open to the general publi"AECEIVED []Yes ONO,F( m. (QWill the facility have tepihngs? RECEIVED ❑Yes ®No NOV 13 ";..1 (i) If yes number of tie pilings? NOV 2 6 2019 DCM WILMINGTON, NC Dr,M MH9CITY 252-808-28o8 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27,06 Form DCM MP-4 (structures, Page 2 of 4) m. (i) Will the facility have tie pilings? ❑Yes ®No ❑Yes ®No (it) It yes number of tie pilings? 2. DOCKING FACIUMMARINA OPERATIONS ®This section not eppffcewe a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number. Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: to. Describe treatment type and dispoeal 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. () Give the location and number of "No Sewage Discharge' signs proposed. (1) Ghre the location and number of'Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. ignore will residue from vessel maintenance be disposed oft In 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? RECEIVED RECEIVED klm/ 13 "q NOV 2 6 2U1 L)CM WILMINGTON, NC 252-808-2808 :: 1.888-4RCOAST:: vivinumccoastalmanaeement.net DCM-M"D CITY revised: 12127JOB Form DCM MP-4 (Structures, Page 3 of 4) I. If th a project is an expansion of an existing manna, what types of services are currently provided? m. Is the marins/docking facility proposed within a primary or secondary nursery area' ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feel affected. OGW OSAv ❑SS _ OWL ❑None p. Is the proposed marina/dorking facility located within orwithin 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 lithe) ❑This section not ai;;royWe a. O Is the boathouse structure(s): ❑Commercial ❑PublldGovernment NPrivatelCommunhy (i)Number 1 (III) Length 26 (iv) Width 15 Nate: Roofed areas are calculated from driplirre dimensions. a. GROIN (&B•, iiii shmWe, etc: Na rock groM, use MP-2, Excavation and Fill) ®This section not applicable a. (i) Number (i) Length _ (kp Width 5. BREAKWATER (e.g woo, sheeolle. etc.) NThis secbm not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the strudure(s): ❑Commercial ❑Public Government ❑Privete/Communiy c. Dist beyond shoreline Not measured from marsh edge, if present NOV 2 6 2019 DCM-MHD CITY NThis section not applicable b Number d, Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC 252-808-2808 :: 1-688.4RCOAST:: vvww.necoastalmananement.net revised: 12127106 Form DCM MP-4 (Structures, Page 4 of 4) e. Arc of the swing 7. GENERAL a. Proximity of slmcture(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. approx. 23' to the west and approx. 25'to the east approx. 65' to the west and approx. 170' to the east Note: Forbuoy ormooring plflng, use arc of swing including length of vessel c. Width of water body 600' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL 4.0' at MLW 8. OTHER ❑This section not applicable a. Give completedescriplion The applcant is proposing to construct a private 3-slip residential docking facility. As proposed the docking facility would consisit of a 6' wide by 440' long fixed per wwith 12' x 24' T-head platform connected by a 4' x 18' ramp to a 8' x 16' floating dock. A 15' x 26' covered boatlift is also proposed. Date Project Name c/X/atlJTi ?_1 �✓Applime ApplicantSignature RECEIVED NOV 2 6 2019 DCM-MHD CITY RECEIVED NnV 13 ',A DCM WILMINGTON, NC 252408-2808 :: 1-8884RCOAST:: www.nccoaetalmananoment.net revised: 12/27/06 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL Mr. Charles Walters Jr. PO Box 7838 Ocean Isle Beach, NC 28469 SENT VIA EMAIL NORTH CAROLINA Environmental Quality November 19, 2019 RE: CAMA Major Development Permit Application Walters' Family Docking Facility Dear Mr. Walters: The Division of Coastal Management hereby acknowledges receipt of your application, acting as your own agent for State approval for the construction of a private 3 slip docking facility located on the AIW W, adjacent to Sunset Beach, Brunswick County, NC. It was received complete on November 13, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 27, 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 November 13, 2019 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-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- D �� RECEIVED a.w NOV 2 6 2019 North Carolina Department of Envlronmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DCM-MHD CITY 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, Brendan Brock Field Representative cc: Jonathan Howell, DCM USACOE Stanley Dills, LPO D QS North Carolina Department of Envlronmental Qwlaty I Division of Coastalivl ugentent Wilmington Office 1127 Cardnal Wive Extension I Wllmington, North Gtdlm 28405 910.796,7215 RECEIVED NOV 2 6 2019 DCM-MHD CITY NOV 2 6 20 NOTI(mq '00 1 m?A DCM-MHD C CAMA PERMIT APPLIED FOR docking faclffiFvwith boathouse at 9Zb9 FeaKW76—od runswiCKUOU COMMENTS ACCEPTED THROUGH December 19, 2019 APPLICANT: Charles Walters Jr. P€! Box 7638 Ocean isle Beach, NC 28469 (910) 443-1264 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1 �7 [a 1 i•1�.71 � �7lsi.'f'.7•!�1 ►�i �!%i�y i7 a�� ROY COOPER Gewenn. MICHAEL S. REGAN ' ,M y BRAXTON DAVIS flimvnr, Divirlort o/roaval ManaBenmi November 25, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Town of Ocean Isle Beach / Brunswick County • Charles Walters Jr. / Brunswick County Hello Angie: Please publish the attached Notice in the Thursday, November 28, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No. 70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this (natter. If you should have any questions, please contact meat our Wilmington office. S-a & Customer Assistance cc: MHC Files Gregg Bodnar — WiRO/MHC USACE RECEIVED NOV 2 6 2019 slate of North Caroline I Environmental Quality I Coastal Manaeanent 127 Cardinal Drive Ext, Wilmington, NC 28405 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 applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On November 12, 2019, the Town of Ocean Isle Beach proposed to perform maintenance excavation of 8 (eight) canals between Causeway Dr. & Concord St., and 2 (two) entrance channels at Union St. & Moore SG, adjacent to AIWW in Ocean Isle Beach, Brunswick County, on November 13, 2019, Charles Walters, Jr. proposed to install a new 3-slip private docking facility w/boathouse at 9269 Peakwood Dr. SW., adjacent to AIWW in Sunset Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Brendan Brock (Brunswick County), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7170 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 December 19, 2019 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 NOV 2 6 2019 DCM-MHD CITY CERTIFIED MAIL- RETURN RECIEPT REQUESTED October 27, 2019 Rhonda Shell IOIOLake Windward Overlook Alpharetta, GA 30005 To Whom It May Concern, Charles E. Walters, Jr. is applying for a CAMA Major permit to construct a private residential docking facility located at 9269 Peakwood Drive SW adjacent to the Atlantic Intracoastal Waterway, in Calabash, Brunswick County. The specifics of the proposed work are in the attached application forms and drawings. As the adjacent riparian property owner to the afore mentioned project, I am required to notify you of the development on order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. If you choose you may sign the attached form and return in the pre -paid envelope enclosed. Should you have any objections to this proposal, please send your written comments to the District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30 days of the receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. Please note we are required by the Rules of the Division of Coastal Management to provide signature as acceptance of receipt of this letter. It would be appreciated if you could return any comments and your signature on the self-addressed stamped envelope provided. If you have any questions on this project, please call me at 910-443-1264 Sincerely, Charles (Eddie) Walters, Jr. Enclosures U.S.Postal CERTIFIED MAIL" RECEIPT r-1 Domestic Mail Only ru -o ALFJ1*q=AFGf 30005lu . C IfWd MaH Fee Ln ° ?, . ro {$ ve _ 20 DECEIVED O eeap.xees.aar ❑n°,unHxNgPwwnl1 { e0 to r NOV 0 1 2019cl asb°au<A„�e{a s ""°"" °°""' M WILMINGTON, NC Er $0.70 UCM WILMINGTON, NC o em c.lep..rMFeee 10/31/2019 r` $ $7.00 s Rhonda Shell RECEIVED C F` s 1010Lake Windward Overlook a Alpharetta, GA 30005 NOV 2 6 2019 DCM-MHD CITY USPS Tracking Intranet Page I of I �9 �a Product Tracking & Reporting U rarv�ca. Ilonm Seasli n,.. Manual E." Ralasi PTR I EDW uses Corporate Commitments Accounts USPS Tracking Intranet Delivery Signature and Address Tnckl, Nurnboc 7017 0190 0000 9526 9215 This llem was Eelivarsd " N 04=19 at 14:24.00 < Re um to TIa Kim Nwnbsr Vlee X� 14it —... .(ifa ♦ 1 lf. Address 11111homfoJ16104beeVVIA&Ia6t Emr up b 73 items separaseo bY00rra1s9a. Siam search Type, QIx9.e v CSueiTin Noel= Tracteng & Reporting. All Mghts ReserveE Version 20.1.1 0.5 RECEIVED NOV 2 6 2019 DCM-MHD CITY RECEIVED NOV DCM WILMINGTON, NC https://pts-2. usps.gov/pts2-wcb/tc Intranet'I'rackingNumRcsponsc/dcliverySignaturcAndAd... 11 /52019 USPS Tracking Intranet Page 1 of I Product Tracking & Reporting Mom.o .arch R,"'t. Vaiural Entry Retrial PTRrEDW USPS Corporate Commitments Accounts USPS Tracking Intranet Delivery Signature and Address Tracking Number: 7012 0190 0000 9526 8225 This Item was delivered on D=912ont at 14:09 00 '.Return to T llei , Number'A Fift aw,auarra rosrdl lra . Iowan S,r�narc.v mm J- Achl — �L..Iro4o u1, �L6P X km.... !I-Jltw Up a! Itwm separele0 by cartelrn. SONS Search Type: Pmdud Trrbt9 S Reporting. All Rights Reserved Varson: 20.1 1.0.5 RECEIVED NOV 2 6 2019 DCM-MHD CITY all. RECEIVED NOV 1 3 2019 DCM WILMINGTON, NC https:Hpts-2. usps.gov/pts2-web/tc lntranetl'rackingNumResponsc/deliverySignatureAndAd... 11 /5/2019 ■ Complete items 1, 2, and 3. A. Sig -ure ■ Print your name and address on the reverse X WI so that we can return the card to you. ■ Attach this card to the back of the mallplece, B. Received by Ian Q. or on the front if space permits. 1. Article Addressed to: or Brent from Rare 1? ❑ e �,e Y Locke and Mary Ann Newlin ory add �lpelti 20* Peakwood Drive SW Calabash, OV 0 B 2plg Q Calabash, NC 28467 DCM ILMttun_r,..... _ �sa 3. Servka Type n Priority M to ate residential III'lllll IIII IIII II III I IIIIIIIII II II I IIII II III IQ ° Adult s nature ❑ Adult Slgmlure fleelrlMeO DelNay ❑ Cedllled Melt® wirre e91' 'Cacoastal ❑ p IsteeM Mall Reslrlated 9590 9402 4435 8248 4301 68 o canna° Mal Reetdd ct,Deuvery De very ❑ Raue, Raceipt for are in the 2. Ancle Number nhureaer from seMce/abell ❑ Couect on Delivery Macltandia DeAeut an Delivery Resebtee Deivery nal9newreConfirreatbn- 7017 0190 0000 9526 9222 Am Reetdgad Delivery tiw °Rages aD l ery P$ Form 3811, July 2015 PSN 7530-02-000-9053 "J0 wire d to notify , you ut uu.. tt; uGVVIV11t.rO. VV....,..., 5..,, ,-- .- rr_ — Domestic Return Receipt .- - -. project. Please review the attached permit application and drawings. If you choose you may sign the attached form and return in the pre -paid envelope enclosed. Should you have any objections to this proposal, please send your written comments to the District Manager, at 127 Cardinal Drive Extension, Wilmington, NC, 28405, within 30 days of the receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. Please note we are required by the Rules of the Division of Coastal Management to provide signature as acceptance of receipt of this letter. It would be appreciated if you could return any comments and your signature on the self-addressed stamped envelope provided. If you have any questions on this project, please call me at 910-443:]2CEIVED Sincerely, 2 crtCharles NOV 01 2019 (Eddie) Walters, Jr. DCM Wit-MINGTON, NC Enclosures U.S.Postal m CERTIFIED MAIL" RECEIPT N Domestic ti 0 •r NICpp / I! &� 1 6. ru to Cerefted Mall Fee $y',F,O I14riin or f $2.80 21-1 O zUe chtruc �lOMefxam,W e/ ❑e.e R.e.lpt/.&MAeNeppY) t idd O o ❑e.eenee•p u•way t� ST!��,,t!!t;;1 pceui.e sets erreeteaorwy i�yL` Peter-- mm 1-3 ❑nea&y,b..ewA.a $ tR nn Q• PO." $0.70 .3 51A Paet"e 1tf.00 10/31 /2014 RECEIVED M1 c Locke and Mary Ann Newlin 1` 9271 Peakwood Drive SW NOV 2 6 2019 Calabash, NC 28467 DCM-MHD CITY Brum���lck C—CV. NCR,011 .k 84169 P0021^�1 yr"moo erot+ar .r o co—tv, K2nsvE" ST34 W •fnleaa0 arwru`cfr 33961 v' NC „wn t M � Clot 3 Tyq 3 _B� pp�p tin ;kf CklsKd.l.Cashf We Can Fiiwre .� Portions it oowmem are degiele due to cono itbn Wo,pstol 7oxurtwnt contains senla veiifaa by oryinal eonument Mat cannot be reproduced a copietl. Revenue: 5880.00 Parcel ID: 255t10026 This instrument prepared by Cynthia D. Bridgers, a licensed North Carolina anomey, Delinquent taxes, if my, to be paid by the closing attorney to the Bmnsvdck County Tax Collector upon disbursement of closing proceeds. "WITHOUT OPINION ON TITLE BY PREPARERre The property herein conveyed is NOT the primary residence of Grantor Brief Description for the Index: Lot 3A, Trait 1, Parcel A, PLAT V95 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF BRUNS W ICK THIS DEED made this 21 day of March, 2019 by and between KAREN STANALAND SMALLS and husband, FRED SMALLS, 11, GRANTOR, whose permanent mailing address is 11070 22ed Place NE, Lake Stevens, Washington 98258 and, CHARLES E. WALTERS, JR. and wife, CAROL D. WALTERS, GRANTEE, whose permanent mailing address is P. 0. Box 7838, Ocem Isle Beach BC 28669 The designation Grantor and Grantee as used herein shall include said parties, their hews, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. The Grantor, for a good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presorts does grant, bargain, sell and convey unto the Grantee in fee simple, all that cems m lot or parcel of land situated in the SHALLOTTE township, BRUNSWICK County, North Carolina end more particularly described as follows: RECEIVED NOV"O 1 2019 DCM WILMINGTON, NC RECEIVED NOV 2 6 2019 DCM—MHD CITY IIIIIIIIIIIIIIIIII�IIIIIIIIIIIIiIIh 84169 P0022�z a a3cea„ BEING ALL of that parcel of land described as 1.80 acres as more particularly delineated on that certain survey prepared by Christopher D. Stanley, PLS entitled "Boundary Survey for Charles & Carol Walters", dated March 12, 2019 and duly recorded March 13, 2019 in Map Cabinet 112 at Page 67 of the Brunswick County Registry, which is hereby incorporated by reference for greater certainty of description. This being a portion of the property conveyed to Karen Stanaland Smalls by deed in Book 4073 of the Brunswick County Registry in Book 4073 at Page 0318 and a portion of Tract E conveyed to Karen Stanaland Smalls and Douglas Wayne Stanaland by deed in Book 3352 at Page 1096, of the Brunswick County Registry. Grantor FREII SMALLS, If joins in the execution of this deed solely to release and quitclaim his marital interest in the property and does not join in any of the warranties, Covenants, or obligations contained herein. NO OPINION ON T TLE HAS BEEN RENDERED BY THE PREPARE& TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Csrautee in fee simple. RECEIVED NOV'O 1 7019 DCM WI M NGTON, NC CI_ NOV 2 6 2019 DCM-MHD CITY BIVZP0023 arumutck county. K xeo,ster of 0.a aaw J of J And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property heminabovc described is subject to the following exceptions: 2019 Ad Valorem; all applicable governmental and land use regulations; and all applicable easements and rights of way of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. KAREN STANALAND SMALLS 'r p'✓ (SEAL) FRED SMALLS, 11 STATE: WASHINGTON COIJNfY:�w 1, , a Notary Public of the Comry and Stem aforesaid, do t y ceCy tlul RARFN STANALAND SMALLS and hmbmd, FRF.D SMALLS, 11, either being Penomily known to me or proven by satisfactory evidence (said evidence being la %tO&WM�, persomuy appesred before me this day. and acknowledged the voluntarydoe ex«anon of the foregoing ImVumcnd by bdahNthem for the purposes stated thereto. W irnert my d Notarial stump or sail, this (day of Mucb, 20I9.\\\�,n .tnr< MY comtoieaioo expirte:U V ��Z� NOIAfry ftX RECEIVED M1 O 1 2019 DCM WILMINGTON, NC RECEIVED NOV 2 6 2019 DCM-MHD CITY 2650 Ocean Highway West, Shallotte, NC to 9269 Peakwood Dr SW, Calabash, NC 2846... Page 1 of 2 Govgle Maps 2650 Ocean Highway West, Shallotte, NC Drive 16.8 miles, 24 min to 9269 Peakwood Dr SW, Calabash, NC 28467 Pk" e r r 2650 Ocean Hwy W t 1. Head southwest on US-17 S/Ocean Hwy W toward Bozeman Loop NW 6.2 mi «t 2. Turn left onto Ocean Isle Beach Rd SW 1 smI Q 3. At the traffic circle, take the 1st exit onto Old Georgetown Rd SW RECEIVED 27mi t 4. Continue straight onto NC-179 S NOV-0 1 2019 18 mi 41 5. Turn left onto State Hwy 179E DCM WILMINGTON, NC ' °mI RECEIVED NOV 2 6 2019 https://www.google.com/maps/dir/2650+Ocean+Highway+West+Shallotte,+NC/9269+P... 1MUM0O-1D CITY E � E C Lw Map data C2019 2 mi 2650 Ocean Highway West, Shallotte, NC to 9269 Peakwood Or SW, Calabash, NC 2846... Page 2 of 2 r► 6. Turn right onto Ocean Harbour Golf Club Dr SW 05mi 47 7. Turn left onto Peakwood Dr SW 6 Destination will be on the left 02mi 9269 Peakwood Dr SW Calabash. NC 28u6- These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you should plan your route accordingly You must obey all signs or notices regarding your route DECEIVED NOV'01 2019 DCM WILMINGTON, NC RECEIVED https://www.googte.comlmapsldirl2650+Ocean+Highway+West,+Shallotte,+NC/9269+P... 10/30/21l 2 6 2019 DCM-MHD CITY ROY COOPER MICHAEL S. REGAN ry, BRAXTON DAVIS �, „t r„,,,,m November 26, 2019 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(cDNCDENR.gov SUBJECT: CAMA Applicant: Charles Walters, Jr. Project Location: 9269 Peakwood Dr. SW, adjacent to AIWW in Sunset Beach, Brunswick County Proposed Project: Installation of new private docking facility with boathouse. 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 December 19, 2019. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED NOV 2 6 2019 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIWW Fee:$250 #1029 CDAITS _ MHC cc Applicant: Charles Walters, JR Agent/Contractor: N/A Project Site County: Brunswick Staff: Brendan Brock District: Wllm/ngton Project Name: Walters Docking Facility Rover File: _ River Basin: Lv.n. Initial date of application submittal: 11-7.19 Date application "received as complete' in the Field office: ; Permit Authorization. AMA DDredge & Fill DBoth SITE DESCRIPTIONIPERMIT INFORMATION ORW: ❑Yes FNo I PNA: Xes ❑No Photos Taken: Yes No Setback Required (riparian): ❑Yes o Critical Habitat: DYes ❑No WNot Sure 15 foot waiver obtained: UYesANo Hazard Notification Returned: Dyes Jallo SAV: DYes ONo NNot Sure Shell Bottom: UYes UNo Not Temporary Impacts: WYes DNo Sure Sandbags: Yes o El Not Sure Did the land use classification come Mitigatio Required (optional): from county LUP: IVYes ❑No ❑Yes No Moratorium Conditions: Environm ntat Assessment Done: Length of Shoreline: ❑Yes *o DNA Dyes Flo ❑NA (Description: 16� FT. Shellfish Area De i nation: Project (code) Development Area: (code) Open -or- los �P OV) SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) D (SS) Glasswort (Salicomia sp.) wetlands) (W) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartine C1 (SY) Salt reed grass (Spartina Iterniflora) cynosuroides) (DS) Salt or spike grass (Distichlls D (SC) Bullrush or three square (Sclrpus El (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus (SP) Salt/meadow grass (Spartina oemertanus) patens) APPLICATION FEE No fee required - $0.00 D III(A) Private w/ D&F up to 1 acre; 3490 D III(0) 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 U Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer -$100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 LJ Major development extension request - El II. Public or commercial/no dredge $100 and/or fill - $400 _f - l. Private no dredge and/or fill - $250 0 III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 )19 DC`,'-tv,IAD CITY Walters, Charles Date: 1117/19 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 Replace 7 15 x 2 e Malnl ❑ ❑ Y ER N •d- Naw Work Replace I �J Melnt ❑ ❑ Y [RN r New Work Melnt ❑ Replace ❑ Y peg 1 U t j r.• ( New Work Replace r 1 `c Meint❑ ❑Y (RN New Work Replace Malnt ❑ ❑ Y ❑ N New Work Replace Malnt ❑ ❑ Y ❑ N New Work Replace Melnt ❑ ❑ Y ❑ N New Work Replace Meint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found In your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One Includes any Excludes any total Includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp Impact temp impacts) Impact amount) temp Impacts) amount Dredge ❑ FIII ❑ Both ❑ Other M ou Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ RECEIVED NOV 2 6 2019 "1GM 63 1 111 / ITV 919-133.2293:: 1.888-4RCOAST:: w vv.nccoastalmanagomont.nat revised; 101`112/08 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 11/7/2019 Carol and Charles Charles Walters Jr. State 1029 $250.00 major fee, 9269 Peakwood Drive, TP rct. Walters Jr Employees Calabash BRCo NO Split 9494 Credit Union K". , V_ Major Permit Fee Schedule ((/y / �q Project Name:W.k�o t cur `� County% -.... „Check No & Amourit: k V 2 Cj Development Type Fee DCM °% DWQ % (1 300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not Involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wellands 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: 111(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: 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: Major Permit Fee Schedule Project Name: WOAt 5 Countyr -� � S Check No & Amounl V k Z Cj Development Type Fee DCM % DWQ % (1 300160143510009316258253) '2430116024351001962341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: ll. 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% ($250) 0% ($a) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0°0 ($C) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applied. $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: C'eertif6y=Spsars County: Permit #: /E'-MAIL DISTRIBUTION SHEET Circle one: Bio Report / ermit for: Oversize Plans sent: (� DCM Offices: Morehead City - cc PT via Courier and email Vl A', u / Wilmington - —� hard -copy (cc Courtney on group email w/ bio.narr.app.drawings_deed) ONLY USACE & DWR (wiro). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: z-#eir{Pender8 Caiferet Cc): PN, Cover Letter, Recs, Reports WilmingtonNCREG@usace y.mil (NH / BR): PN, Cover Letter, Recs, Reports Div of Water Resources: (ON T1�: PN, Cover Letter, Recs, Reports, Split Sheet _ Chad Cobob n 01 (BR / NH): PN, Cover Letter, Recs, Reports, Split Sheet Marine Fisheries: CurtWeychertw/Reports DCM Planner/WiRO: OJ (ike Christenbury Cultural Resources: v'Renee Gledhill -Earley Environmental.Review(o)ncdenr oov Natural Heritage Frog. Rodney Butler DCA-Rural Eco. Dev: Mark Ziegler NC DOT: }avid Harris Wildlife Resources: Maria Dunn w/Reports State Property Office: lrirm Walton: DEED 'A$if Moser anda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: \Aer y Humphrey (Bio) I'llaron Gupton, Admin. DWR: Sheri Montalvo for Karen Higgins (+ green split sheet with Bio) DEMLR: ✓Ch 'stine Hall - Stormwater Section J n Sams - Land Quality Section Public Water Supply: eidi Cox City of Wilmington: .Kathgm Thursten y� 1/ Enforcement: �Id Rep: V'V'VLAAVA �yot/k Co. LPO Agent: DISTRIBUTED: RECEIVED NOV 2 6 2019 DCM-MHD CITY CAMA/Shoun majors docs/e'Agency List ROY COOPER NORTH C.ARO!_INA Oovama £nrtron+nerrW Quaf(ty MICHAEL S. REGAN Secretary KWON C. DAVIS Director July 5, 2019 Charles Walters, Jr. PO Box 7838 Ocean Isle Beach, North Carolina 29469 RE: CAMA Major Development Permit Application Dear Mr. Charles Walters, Jr., The Division of Coastal Management hereby acknowledges receipt of your application on June 26, 2019 for the proposed docking facility located at 9269 Peakwood Drive in Calabash, Brunswick County. However, your application still lacks the information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date this notification is received with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fourteen (14) review agencies. The attached checklist indicates the deficiencies of your application. We suggest a preliminary meeting to review the application and address the deficiencies on the checklist. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796- 7424. Sincerely, Tyler McGuire Environmental Specialist Enclosures cc: Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City Courtney Spears, DCM Wilmington North Carollm Department of rmtronmental QuNky 1 DMOm OfCaastal Management W1lmington OfFltc 1127 Cardkol Drive Extension I WHMngtoN NorthC ollm 28405 910.796.7X15 RECEIVED NOV 2 6 2019 DCM-MHD CITY CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION DCM MP-1 APPLICATION FOR MAJOR DEVELOPMENT PERMIT Page 3 of 4 • 4.m.(ii) — Yes • 5.c. — what type of construction equipment will be used and where will it be stored? • 5.f.—Oft' Page 4 of 4 • 6.a. — Please include a project narrative with your application. This should describe the purpose for the docking facility you are proposing to construct and where it will be located. The narrative should also describe how the docking facility will be constructed as well as any environmental conditions or potential impacts this type of development could have on the adjacent resources. Explain the reasoning for wanting to build a docking facility out beyond the length of the adjacent piers and any other supporting information for why the docking facility is designed and located where it is being proposed. • 6.e. — Please submit a check or money order to NC DEQ in the amount of $400.00 DCM MP-4 STRUCTURES Page I of 4 I,g,(i) — 3 • I.g.(ii)—N/A • Lh. — Other: N/A Page 4 of 4 • 7.b. — Provide distances to adjacent docking facilities and include these distances on the plans. • 7.d.--2.6'NLW • 8.a. — 8' x 16' floating dock • Project Name — Walter's Family Private Pier/Dock WORKPLAN DRAWINGS The plans should have a simple title block including the applicant's name, date the plans were prepared, and the drawing number. The scale at the bottom left corner of the plans indicates a I" = 30' scale, however the notes at the bottom right corner indicate that the plans are 1" = 40'. The plans are drawn with a 1" = 40' scale. Please correct the scale at the bottom left comer. Top View Drawing: 1) The established pier head alignment between 1318 Harbour Watch and 9131 Schuyler Drive does not apply due to those docking facilities being located more than 200 feet from the applicant's property. 15A NCAC 07H .0208(b)(6)(G)(iii): Pier and docking facility length shall be limited by not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has �EQ3 RECEIVED North Carolina Dewranern of Envlronmental Quality I Dhdslm of coastal Management NOV 2 6 2019 wllmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796,Tn5 DCM-MHD CITY established an official pier -head line. The one-fourth length limitation shall not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water body. 2) The established pier head alignment for the proposed docking facility should be between 9285 Peakwood Drive's and 9263 Peakwood Drive's existing docking facilities. Please show both adjacent existing docking facilities to the southwest including 9285 Peakwood Drive. Also, please show the approximate distances from the proposed docking facility to the two adjacent existing docking facilities. 3) Please extend the Riparian Corridor Lines and IS' Riparian Setbacks to the 80' Federal Channel Setback of the Atlantic Intracoastal Waterway (AIW W). 4) Please show the 145'one-fourth width of the waterbody. 5) Please show the approximate distance from the proposed docking facility to the 80' Federal Channel Setback. 6) Please extend the Approximate Waterward & Landward Edge Of Marsh along the shoreline to the furthest existing adjacent docking facilities and show the coastal wetlands on the plans with a symbol, color or shading. • Cross -Section (Side -View) Drawing: please provide a cross-section (side -view) drawing to scale including the simple title block with your application showing the following: 1) Depth and elevation of the proposed structures relative to the existing ground level. 2) Mean High Water (MHW) and Mean Low Water (MLW) lines. l! 3) Coastal Wetl\and(s; I ADDITIONAL ITEMS • Please provide either a signed statement of no objection on the Adjacent Riparian Property Owner Notification (ARPON) form or the signed Return Receipt (Green Card) from the adjacent riparian property located at 9267 Peakwood Drive, Calabash, NC owned by Rhonda P. & Lauren C. Shell. • I highly recommend a preliminary meeting to discuss these deficiencies of your application. North Cwol6ta Department of Emhw=ntal Q=11ty I Division ofConW Meupemni wrminpton office 1 127 Cardi W Drive ExMulon I Wllminpton. North Com1m 28M 910.796.7215 RECEIVED NOV 2 6 2019 DCM-MHD CITY 11 /5/2019 Mail - Brock, Brondan O - Outlook 9269 Peakwood Brock, Brendan O Thu 9/12/2019 11:28 AM To: eddie@sunsetproperties.travel <eddie@sunsetproperties.travel> Good morning Eddie, As we had discussed on the phone, your proposed docking facility may run into some permitting issues because of the shallow water surrounding your proposed floating structures (boathouse and floating dock). Being located in a Primary Nursery Area, your docking facility requires a minimum of 24" of water to permit a floating structure without having to condition in "stops" on your floating components, which may only be permittable if you have between 18"-24" of water. I have attached a copy of your drawing with locations that I would like to see water depths surveyed. If we can find some deeper water in the surrounding areas, you may be able to reconfigure your docking facility so that the floating structures are located in the deepest areas. I looked into the previous major permit 66-16 and the reason that docking facility was permitted using the "established pier head alignment between 1318 Harbour Watch & 9131 Schuyler Drive" is because "The proposed docking facility would extend a total distance of approximately 465' into the water body as measured from the mean high water boundary of which approximately 120 feet would extend into open water within a water body which measures approximately 564 feet in width. This distance would conform to the ''/. width rule." In the case with 9269 Peakwood, your proposed docking facility reaches the 1/4 width BEFORE you reach the pier head alignment between 1318 Harbour Watch & 9131 Schuyler Drive. For some reason the 66-16 major permit is no longer in the file cabinet in our office. If you happen to have a copy of the drawing for the proposed docking facility from 9197 Schuyler Dr., I would like to see it. Also, I have only received one of the two adjacent neighbor notifications for 9269 Peakwood application. I have Locke and Mary Ann Newlin's notification but I am still missing the green card from the Shells at 9267 Peakwood. Brendan Brock Field Representative NC Division of Coastal Management Department of Environmental Quality 910 796-7270 office brendan.brock@ncdenr.gov 127 Cardinal Drive Exl Wilmington, NC 28405 K-11 C, Nothing Compares RECEIVED NOV 2 6 2019 DCM-MHD CITY httpsa/outlook.office365.comlmaillsearchlidlAAQkADVIMzg3NTMyLTIIMTMtNGM5YylhNzQ4LThiOWM2NWZhNjc5YwAQAL1m %2BnTK6n5Lnc%2F6... 1/1 11/5/2019 Mail - Brock, Brendan O - Outlook Re: Attached locations of surveyed water depths Brock, Brendan O Fri 9/13/2019 8:24 AM To: eddie@sunsetproperties.travel <eddie@sunsetproperties.travel> 1 1 attachments (2 MB) 9269 Peakwood Dr Calabash Add Info #2.docx; Good morning Eddie, Along with the new water depths that we are requesting to try to find you some deeper water for your floating structures, we still have a few items that need to be addressed from the original Add Info letter that Tyler McGuire sent you back in July. Please see the attached document and make the appropriate edits to go along with the new water depths. Thank you, Brendan Brock Field Representative NC Division of Coastal Management Department of Environmental Quality 910 796-7270 office brondan.brock@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 'Nothing Compares,,,, From: Brock, Brendan O Sent: Thursday, September 12, 2019 11:32 AM To: eddie@sunsetproperties.travel <eddie@sunsetproperties.travel> Subject: Attached locations of surveyed water depths Sorry Eddie I forgot to send the attachment. Here it is. Brendan Brock Field Representative NC Division of Coastal Management Department of Environmental Quality 910 796-7270 office brendan.brock@ncdenr.gov RECEIVED NOV 2 6 2019 DCM-MHD CITY https://outlook.oftice365.wm/mail/sea rch/id/AAQkADVjMzg3NTMyLTIIMTMtNGM5Yyl hNzQ4LThiOWM2N WZhNjc5YwAQADsrEk96ZOxAvgnJa06Dt8... 112 ROY COOPER Governor MICHAEL S. REGAN serrelary BRAXTON C. DAVIS 01"CPor SENT VIA EMAIL Charles Walters, Jr. PO Box 7838 Ocean Isle Beach, North Carolina 28469 m0�e1�� NORTH CAROLINA Environmental Qualify Novembcr 4, 2019 RE: Walters Family Docking Facility CAMA Major Development Permit Application Dear Mr. Charles Walters, Jr., The Division of Coastal Management hereby acknowledges receipt of your application on November l°, 2019 for the proposed docking facility located at 9269 Peakwood Drive in Calabash, Brunswick County. However, your application still lacks the information necessary to complete processing. The attached checklist indicates the deficiencies of your application. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796- 7270. Sincerely, Brendan Brock Environmental Specialist RECEIVED Nwt h Carolina Deparl mein of Envlmnmrntal Quality I DIvlslon of Coastal Manatprnont NOV 2 6 2019 Wilmington Office Office 1117 Cardinal Drive Extmslan I Wilmtoyton. Nwth Carolina 18405 910.79b.7215 DCM-MHD CITY CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION DCM MP-4 STRUCTURES • I.e.ii-2 • I.c.iii — 440', 8' • I.c.iv — 6', 16' • I.e.v. — Yes and No I.e.0 — I • Le.ill — 12' • 1.eJv — 24' • 1.e.v - No • 7.d. — Please change your answer to accurately reflect the newly required measured water depths at the waterward end of the structure at NLW as will be shown on your drawing. WORKPLAN DRAWINGS Top View Drawing: 1) Include names of each adjacent neighbor 2) Please extend the Approximate Waterward & Landward Edge Of Marsh along the shoreline to the furthest existing adjacent docking facilities and show the coastal wetlands on the plans with a symbol, color or shading. 3) Please label all 3 slips on drawing 4) Please indicate where any pilings for the floating dock will be driven. Cross -Section (Side -View) Drawing: l) Please include the floating dock and ramp with dimensions in your cross section drawing as it would sit at the MLW mark. 2) Please indicate where the Mean High Water (MHW) and Mean Low Water (MLW) lines are on the cross section. 3) Remove 1 "=50' scale bar on lower right hand corner or make it reflect the scales used in the drawing. 4) Edit pier length from 6'x 495' to 6' x 440' to reflect the narrative and MP forms. 5) If the covered gazebo and covered boat lift will have a dripline, please show it on the drawing. (Remember, top -down dimensions are measured from edge of dripline so a typical 6" dripline would make a 12'x 12' actually 13' x 13'. If that is the case for your project, please go back and edit any dimensions and square footage calculations that don't include the dripline.) ADDITIONAL ITEMS • Please include both signed adjacent neighbor notification forms or the signed return receipt (green card) from the two adjacent riparian neighbors. RECEIVED North Carolina Department of Em6onmental Quality I DMsion of Coastal manage st Wilm6tglon(N1ke 1177Cardinal DrlwEelmsbn I Wdminglon.NorihCamUw28405 NOV 2 6 2019 910.796.1215 DCM4V1HD CITY ROY COOPER Governor MICHAEL S. REGAN secrerar'y BRAXTON C. DAVIS Director Charles Walters, Jr. PO Box 7838 Ocean Isle Beach, North Carolina 28469 ,aNUT[, V R 1 NORTH CAROLINA Environmental Quality September 13, 2019 RE: CAMA Major Development Permit Application Dear Mr. Charles Walters, Jr., The Division of Coastal Management hereby acknowledges receipt of your application on June 26, 2019 for the proposed docking facility located at 9269 Peakwood Drive in Calabash, Brunswick County. However, your application still lacks the information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date this notification is received with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within flume days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fourteen (14) review agencies. The attached checklist indicates the deficiencies of your application. We suggest a preliminary meeting to review the application and address the deficiencies on the checklist. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796- 7270. Sincerely, Brendan Brock Environmental Specialist Enclosures cc: Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City Courtney Spears, DCM Wilmington RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management NOV 2 6 2019 Wilmington Office 1127 Cardinal Drive Extension I WIImington.Nmlh Caeounala4M 910.796.7215 DCM-MHD CITY CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION DCM MP4 STRUCTURES Page I of 4 • I.h. — Since this is a private docking facility and you are not providing services to customers, please change your answer to Other: N/A Page 4 of 4 • 7.d. — Please chance your answer to accurately reflect the newly required measured water depths at the waterward end of the structure as will be shown on your drawing. WORKPLAN DRAWINGS Top View Drawing: 1) Please extend the Riparian Corridor Lines and 15' Riparian Setbacks to the 80' Federal Channel Setback of the Atlantic Intracoastal Waterway (AIWW). 2) Please extend the Approximate Waterward & Landward Edge Of Marsh along the shoreline to the furthest existing adjacent docking facilities and show the coastal wetlands on the plans with a symbol, color or shading. Cross -Section (Side -View) Drawing: 1) Please include the floating dock and ramp in your cross section drawing as it would sit at the MLW mark. 2) Please indicate where the Mean High Water (MHW) and Mean Low Water (MLW) lines are on the cross section. ADDITIONAL ITEMS • I have received the signed green card from Locke & Mary Ann Newlin however, 1 still have not received a signed green card from Rhonda P & Laren Shell at 9267 Peakwood Drive. RECEIVED 6ruyJ Iri�ra.� Norlh Carolina Department of Ermronmenlal Quality I DMsion of Canal M•npet•eet NOV 2 6 2 019 Mmington Office 1177Cardlnal Dr1w Eatmalon I wilrMrVt .North Caro*wZB4lS 910.796,7215 DCM-MHD CITY N- ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Dlrecror CERTIFIED MAIL RETURN RECEIPT REQUESTED Charles E. Walters Jr. PO Box 7838 Ocean Isle Beach, NC 28469 Dear Mr. Walters Jr.: NORTH CAROLINA Environmaud Quality March 16, 2020 This letter is in response to your application for a Major Permit under the Coastal Area Management Act (LAMA), in which authorization was requested to construct a three slip docking facility along the Atlantic Intracoastal Waterway (AIWW) at 9269 Peakwood Dr. SW, near the Town of Sunset Beach, in Brunswick County. Processing of the application, which was received as complete by the N.C. Division of Coastal Management's Wilmington Office on November 13, 2019, and which was extended on January 24, 2020, is now complete. Based on the state's review, the Division of Coastal Management has made the following findings: 1) The subject property is located at 9269 Peakwood Dr. SW, Sunset Beach, in Brunswick County. 2) The proposed project would involve development within Public Trust and Coastal Wetland Areas of Environmental Concern (AEC). 3) The proposed project is located along the AIWW and adjacent to the U.S. Army Corps of Engineers (USACE) AIWW 80ft setback. The surrounding waters are classified as SA, HQW and are closed to shellfish harvest. 4) The waters in this location are designated as Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries' Marine Fisheries Commission (MFC). 15A NCAC 07H. 0208(a)(4) of the Rules of the Coastal Resources Commission further define PNA's as "Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development of finfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are designated and described by the N.C. Marine Fisheries Commission (MFC) and by the N.C. Wildlife Resources Commission (WRC); " North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 1910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead Otv. North Carolina 28557 1 252-808.2808 March 16, 2020 Page 2 5) The proposed project involves application under the Coastal Area Management Act requesting authorization to construct a three slip docking facility along the AIWW. The proposal consisted of a 400ft x 6ft pier and 12ft x 24ft partially covered platform, and 8ft x 16ft shore parallel floating dock, and a shore perpendicular 15ft x 26ft boathouse. 6) Depths at the'/4 width were noted in the application at approximately -0.5ft to -1.5ft at mean low water. Depths located at the 80ft USACE setback were noted in the application at -2.6ft to -5.6ft at mean low water. 7) The proposed project would involve the incorporation of 806 square feet of open water. 8) During the course of the joint State and Federal review, the Division of Marine Fisheries' (DMF) noted that as proposed, DMF does not object to the project. N.C. Division of Water Resources approved the project as proposed under General Certification 4175. The Division of Coastal Management field staff recommended denial of the permit based upon the inconsistency with rules of the Coastal Resources Commission regarding exceeding the '/4 width and established pier or docking facility length along the same shoreline for similar use. 9) Based upon the above referenced findings, the Division of Coastal Management has determined that the proposed project to construct a three slip docking facility along the AIWW is inconsistent with the following rules of the Coastal Resources Commission: a) 15A NCAC 07H .0208 (G)(i) (Specific Use Standards), which states in part that a pier and docking facility length shall be limited by, "not extending beyond the established pier or docking facility length along the same shoreline for similar use". b) 15A NCAC 07H .0208 (G)(iii) (Specific Use Standards), which states in part that a pier and docking facility length shall be limited by, "not extending more than one-fourth the width of a natural water body." Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act be denied. This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines "DINER Q� North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington. North Carolina 278891 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1252.808.2808 March 16, 2020 Page 3 for Areas of Environmental Concern or local land use plans, and N.C.G.S. 113-229, which requires that a permit be denied for cases where a proposed development will lead to a significant adverse impact to fisheries resources. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit denial available to you is to petition the Coastal Resources Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal Resources Commission. Applying for a variance requires that you first acknowledge and recognize that the Division of Coastal Management applied the Rules of the Coastal Resources Commission properly in processing and issuing this denial. You may then request an exception to the Commission's Rules based on hardships to you resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on a standard form, which must be accompanied by additional information on the nature of the project and the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by contacting a member of my staff, or by visiting the Division's web page at: https://deq.nc.gov/about/divisions/coastal-management/coastal-management-permits/variances- appeals. Members of my staff are available to assist you should you desire to modify your proposal in the future. If you have any questions concerning this matter, please contact Mr. Gregg Bodnar at (252) 808-2808 extension 215. Sincerely, Braxton C. Davis cc: Col. Robert J. Clark - U.S. Army Corps of Engineers, Wilmington, NC Greg Curry — U.S. Army Corps of Engineers, Wilmington, NC Linda Culpepper — Director, NC Division of Water Resources, Raleigh, NC Sheri Montalvo — NC Division of Water Resources, Raleigh, NC Robb Mairs — NC Division of Water Resources, Wilmington, NC Dan Sams - DEMLR, Wilmington, NC ruoaTMuwa un� � � f North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943 Washington Square Mall I Washington, North Carolina 278891 252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead Cltv.Office 1400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808 r S. Postal Service'"ERTIFIED MAIL° RECEIPT I ■ ,Complete items 1, 2, and 3. " - `N-' ■ Print your name and address oli We. 40he so that we can return the cara,(b you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Qny IDS \NOR- 's 3­1( p.I3. 6q -7�390 �ce�n�s1� WO 5vq III'lll'I IIII IIIIII III IIIIIII1II IIII IIII III III 9590 9402 4708 8323 7006 77 016 1370 0002 3225 1037 I. PS Form 3811, July 2015 PSN 7530-02-000-9053 ❑ Agent Delivery D. Is delivery address different fromltem 17 u Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ ry�eliSignature Restricted Delivery ❑ Registered Mal m ❑ Reegistared Mail Restricted died Mail® ❑ CMail Resldcted Delivery very ❑ Return Recelpt for ❑ Collectollect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise El S nature Confirmation^" ❑ Insured Mail C1 S gnafure Confrmatim n Ina,ved Mal Restricted Delivery Restricted Delivery Domestic Return Receipt SR 1846 /` SR 1934 SR 1873 SITE APPROXIMATE WATERWARD EDGE OF MARSH 6' X 440' FIXED USAGE RIGHT OF WAY 1/4 WATFRBODY UMIf 80' SETBACK FROM C/) EDGE OF DREDGED Go. PROPOSED 12'X24' FIXED GAZEBO fgq , MHW LINE VICINITY MAP +5.0 , ELEV=+2.01 NO SCALE (NAVD 88) I 40 +i I / 4.0 �%ACAn, x 02���s 0.. z - 'Q Zo N p I C�7 °D•''•.. OUR ,. R O •' III GEOFEET TION IRONOD FOUND h 1R SETSPOT (NAVD 8S)AREAONMEHMLN WAYFEET E .V.D. ELEVATION TH AT M.L.W. REVISION 10/02/2019: REVISED PROPOSED PIER LOCATION AND PROFILE AS PER CLIENTS REQUEST. REVISION 11/12/2019: REVISED PER DIVISION OF COASTAL MANAGEMENT COMMENTS. PROPOSED 8'X16' FLOATING DOCK +2.0 I -3 0 0.0 I 1 MLW LINE I iELEV=-3.0 I -5 0 ; -+, NAVD 88 I .. —7.0 -4.0 owl, PROFILE SCALE: 1 "= 20' (HORIZONTAL) SCALE: 1"= 2' (VERTICAL) PROPOSED 15126' BOAT HOUSE/LIFT 1 W +5.0 (NAVD 88.) +8.0 MLW PROPOSED V 018' RAMP S +3 0 +5.0 U E� O +4.0 r ` UV a +2.0 P C •� a FF o�3 O N o•dZ P 0 O a� H > d 0.0 rn H -- -2.0 L) III w liso L� x iJ y Z c U O 7 iJ Z 3 O w mi -7.0 U ' � o -4.0 0 A =g Lu PROJECT/: 19-2113 DATE: 08-23-2019 -9 2 TOWNSHIP: SHALLOTFE -6.0 COUNTY: BRUNSWICK STATE: NC RECEI OL, IS FB/PG: FILE ' TAX Pq- 25500026 DRAWN BY CS/DML ECES PROD NO. 19-21 DCM WILMI GTON 2 of 2 SR 1846 -SR 19P SITE7 ZONE X SHADED X SHME� � - •- -' 30' CAMA - OF MARSH U4 NsZu VICINITY MAP NO SCALE NOTES: 1. ADJOINING DEED REFERENCES BASED ON CURRENT INFORMATION FOUND IN THE BRUNSWICK COUNTY TAX OFFICE. 2. THIS PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS RESTRICTIONS, RIGHT-OF-WAYS OF RECORD, GOVERNMENTAL ORDINANCES AND/OR REQUIREMENTS WHICH MAY LIMIT THE USE OF THIS PROPERTY. 3. THIS SURVEY DOES NOT CERTIFY LEGAL TITLE TO THE LAND ITSELF OR TO THE BOUNDARIES SHOWN. USERS OF THIS PLAT SHOULD OBTAIN AN ACCURATE LEGAL OPINION AS TO OWNERSHIP WITHIN THE BOUNDARIES OF THIS PLAT. 4. DOCKS, PIERS AND T-HEADS MUST BE ELEVATED AT LEAST THREE FEET OVER THE COASTAL WATER SUBSTRATE AS MEASURED FROM THE BOTTOM OF DECKING. 5. ACCORDING TO CURRENT FEMA FLOOD MAP #3720103400K AND #3720109500J, THIS PARCEL APPEARS TO BE LOCATED IN THE FOLLOWING ZONES: SEE MAP 6. AREA BY COORDINATE METHOD AND IS APPROXIMATE. 7. TAX PARCEL NUMBER: 25500026 8. EL.EIATIONS ARE BASED ON NAVD 88 AND WERE OBTAINED FROM NC REAL TIME NETWORK. 9. THIS SURVEY IS FOR THE PURPOSE OF OBTAINING A CAM -A. PERMIT IN ORDER TO CONSTRUCT A DOCK. IT IS NOT TO BE USED FOR BOUNDARY LINE DETERMINATION 10. BEAONG ARE BASED ON NC GRID NAD 83/2011, ALL HORIZONTAL DISTANCES ARE GROUND DISTANCES. 11. 1`014_ LENGTH OF SHORELINE AT MEAN HIGH WATER = 167' 12. PR(PERTY ADDRESS: 9269 PEAKWOOD DRVE, SW, CALABASH, NC 28467 DOCK CNAPONENTS Z O A= PK)POSED 15' X 26, COVERED BOAT LIFT (39D SF) o N B= PiOPOSED 12' X 24' STATIONARY DOCK CT -HEAD) 00 (11' X 12' COVERED=144 SF) cD (12' X 12' OPEN) c_) C= POPOSED 4' X 18' RAMP z z D= P10POSED 8' X 16' FLOATING DOCK \ MEAN HIGH WATER LINE AS DETERMINED BY NOM TIDAL BENCHMARK ELEVATION 2.01'MSL (NAVD 1988) \kINE TAB LEJ/ LINE BEARING DISTANCE LI S56' 28'\J$"W 40.27 L2 S57' 02' 54"W 48.87 L3 2' 29' 03"E .13 L4 S43' 23' 16"W 12.82 L5 N42' 28' 9'W 12.95 L6 N44' 53' 25-W 7.05 p9s mac^ RHONDA & LAUR& SHELL \ DEED BOOK 3226, PAGE 1377 \ y \ cPs TAX 12550002602 COVERED DECK REVISION 10/02/2019: REVISED PROPOSED PIER SCALE: t" = 50' LOCATION AND PROFILE AS PER CLIENTS REQUEST REVISION 11/12/2019: REVISED PER DIVISION OF 0 25 SO too 150 COASTAL MANAGEMENTS COMMENTS. LEGEND LABEL SYM. DESCRIPTION IPF IRF0 1 IRON PIPE ROD FOUND IRS O i 2' RE84R SET GS x233 SPOT ELEVATION (NAVD 98) AEC AREA OF ENVIRONMENTAL CONCERN R/W RIGHT OF WAY SO FT. SQUARE FEET a LEGEND: -3.1 = N.A. V.D. ELEVATION -0.1 = DEPTH AT M.L.W. y AVERAGE WATERWARD EDGE O F MA20 9RSH \ vS 6, e� e� BOAT LIFT \\__ COVERED FLOATING DECK DOCK .6a \\\ \�PO y � � � =lzsu 3 -1� RECEIVED _ eR /�,+a+ NOV 13'��9 '4; -C2X -5.3' LFLOATING \* r sup#2 DCMWIL GTON, BOAT DOCK� LIFT PaL =12 SLIP #1 -12.7' pF\`� .�\�•.`Y�' � YL U p eYQi T 0) L� P♦g V At is (D Z N e,o Z p gj'(1 N W gS8 01 rn N r O �f C.� aJ LU w y sqyo w Br b Cm£U£ s5O Z w U Z a�x N � Q O t W NO PROJECT#: 19-2113 DATE: 08-23-2019 TOWNSHIP: SHALLOTTE COUNTY: BRUNSWICK STATE: NC SCALE: 1'=50' CREW: DL, IS FB/PG: FILE TAX PID: 25500026 DRAWN BY CS/DML ECES PROJECT NO. 19-211 SHEET 1 OF 2 % SR 1846 SR 1934 SR 1873 SITE ZONE X _ SHADED X 30' CAMA LANDWARD 4o \ OF MARSH VICINITY MAP NO SCALE \ �/ NOTES: 1. ADJOINING DEED REFERENCES BASED ON CURRENT INFORMATION FOUND IN THE BRUNSWICK COUNTY TAX OFFICE. 2. THIS PROPERTY IS SUBJECT TO ANY AND ALL EASEMENTS, COVENANTS, RESTRICTIONS, RIGHT-OF-WAYS OF RECORD, GOVERNMENTAL ORDINANCES AND/OR REQUIREMENTS WHICH MAY LIMIT THE USE OF THIS PROPERTY. 3. THIS SURVEY DOES NOT CERTIFY LEGAL TITLE TO THE LAND ITSELF OR TO THE BOUNDARIES SHOWN. USERS OF THIS PLAT SHOULD OBTAIN AN ACCURATE LEGAL OPINION AS TO OWNERSHIP WITHIN THE BOUNDARIES OF THIS PLAT. 4. DOCKS, PIERS AND T-HEADS MUST BE ELEVATED AT LEAST THREE FEET OVER THE COASTAL WATER SUBSTRATE AS MEASURED FROM THE BOTTOM OF DECKING. 5. ACCORDING TO CURRENT FEMA FLOOD MAP 43720103400K AND #3720109500J, THIS PARCEL APPEARS TO BE LOCATED IN THE FOLLOWING ZONES: SEE MAP 6. AREA BY COORDINATE METHOD AND IS APPROXIMATE. 7. TAX PARCEL NUMBER: 25500026 8. ELEBATIONS ARE BASED ON NAVD 88 AND WERE OBTAINED FROM INC REAL TIME NETAORK. 9. THIS SURVEY IS FOR THE PURPOSE OF OBTAINING A CAMA PERMIT IN ORDER TO CONSTRUCT A DOCK. IT IS NOT TO BE USED FOR BOUNDARY LINE DETERMINATION 10. BEAONG ARE BASED ON NC GRID RAD 83/2011, ALL HORIZONTAL DISTANCES ARE GROUND DISTANCES. 11. TOTAL LENGTH OF SHORELINE AT MEAN HIGH WATER = 167' 12. PROPERTY ADDRESS: 9269 PEAKWOOD DRVE, SW, CALABASH, NC 28467 DOCK COMPONENTS Z A= PiOPOSED 15 X 26' COVERED BOAT LIFT (390 SF) N B= PiOPOSED 12' X 24' STATIONARY DOCK (T-HEAD) (9' X 12' COVERED=144 SF) 0 (T X 12' OPEN) z z C= PXIPOSED 4' X 18' RAMP D= PIDPOSED 8' X 16' FLOATING DOCK as IN MEAN HIGH WATER LINE AS DETERMINED BY NOM TIDAL BENCHMARK J'13.84' ELEVATION 2.01'MSL (NAVD 1988) \LUNE TABLNi LINE BEARING DISTANCE LI S56' 28'4$"W 40.27 L2 S57' 02' 54"W 48.87 L3 2' 2903"E .13 L4 S43' 23' 16"W 12.82 L5 N42' 28' 9"W 12.95 L6 N44' 53' 25"W 7.05 sue. \ RHONDA & LAUR& SHELL \ DEED BOOK 3226, PAGE 1377 \ TAX J2550DO2602 moo. 1u1n1,�� L CAAtO"',,,� �9 IZ `� COVERED DECK REVISION 10/02/2019: REVISED PROPOSED PIER SCALE: I" = 50' LOCATION AND PROFILE AS PER CLIENTS REQUEST. REVISION 11/12/2019: REVISED PER DIVISION OF 0 25 50 100 150 COASTAL MANAGEMENTS COMMENTS. '�� L FLOATING IOAT DOCK LIFT qA / �r LEGEND LABEL SYM. DESCRIPTION IPF IRE IRON PIPE ROD FOUND IRS O 1 2" REBAR SEE GS xns SPOT MATION (NAVD 88) AEC AREA OF ENVIRONMENTAL CONCERN R/W RIGHT OF WAY SQ.FT. SQUARE FEET LEGEND: \� -3.1=N.A.V.D. ELEVATION -0.1 = DEPTH AT M.L.W. \ Py \� �\p o�O�P�OQZP �✓ `BOAT AVERAGE WATERWARD 08GE OF 07-20 9R p � PGo Q`�G� DOCKRED \ \ aP J PgFLOATING DECK 1oo� ow- \ _2.2'p RECEIVED --'/1.55 SU 3 \ N l,f a Q NOVI3: 9 2.6' -5•Y -4.2' X -5.3' \ P 0 �gL \ SLIP g2 DCM WIL G`TON, NC Yy X L�5•.5� 01) V` SLF j 1 -12a' 0 s0 �EGE�� TAB -1za' tp by ., 0 d ' C -u 8 a N oN; N FOZ 06 3,70"c j d C ._W C a WG N U [ U w } "s N w 0 PROJECT#: 19-2113 DATE: OB-23-2019 TOWNSHIP: SHALLOTTE COUNTY: BRUNSWICK STATE: NC SCALE: 1"=50, CREW: DL, IS FB/PG: FILE TAX PoD: 2550DO26 DRAWN BY CS/DML ECES PROJECT NO. 19-2 SHEET 1 OF 2 O'WW" SR 1846 -� /� SR 1934 ► SR 1873 SITE VICINITY MAP NO SCALE LEGEND LABEL SYM. DESCRIPTION IPF RF IRON PIPE ROD FOUND IRS O 1 2 REBAR SET GS xn.s SPOT EIEVATKIN (NWO 88} AEC AREA OF EMORRONMENTAL CONCERN R/W RIGHT OF WAY SOFT. SQUARE FEET V END:N.A.V.D. ELEVATION DEPTH AT M.L.W. REVISION 10/02/2019: REVISED PROPOSED PIER LOCATION AND PROFILE AS PER CLIENTS REQUEST. REVISION 11/12/2019: REVISED PER DIVISION OF COASTAL MANAGEMENT COMMENTS. APPROXIMATE WATERWARD EDGE OF MARSH ±,u +5.0 +4.0 +2.0 -7.0 -4.0 FIXED USACE RIGHT OF WAY q PROFILE SCALE: 1 "= 20' (HORIZONTAL) SCALE: 1"= 2' (VERTICAL) 1/4 WATERBOOY LIMIT MHW LINE .EV=+2.01 PROPOSED 8'X 16' PING DOCK MLW LINE ELEV=-3.0 NAVD 88 12'X24' FIM GAZEBO I . I ,.-PROPOSED II018' RAMP Elm +4.0 -1,Q +2.0 owl -2.0 0 u1 W 0 =Z& W -4.0 of �Q F4i0POSED -6.0 15'xz6' BOAT HOUSE/LIFT I�IOV I ECES I.MI G'I"C a i W --er w �a0 w 021 U U a m u .c $ � aoZ H `,. z jr I/a P w g W pwwwjA 3: O Z g U =fix U w g W TI: 19-2113 08-23-2019 IIP: SHALLOTTE BRUNSWICK NC DL, IS FILE e 25500026 BY CS/DML I NO. 19-21 2OF2