HomeMy WebLinkAboutDEN 77-20 Walters, Charlesit 0
DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
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Type: (Check all that apply)
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Field Representative:
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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.'
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MICHA,
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Fax ::252-247-3330'(CoWfer, 1 142-09)-
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9269 Peakwood Qr. SW centto.AlWin,$Unset.BQach,
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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.
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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
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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
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RECEIVED
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a Alpharetta, GA 30005
NOV 2 6 2019
DCM-MHD CITY
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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
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Product Tracking & Reporting
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Commitments Accounts
USPS Tracking Intranet
Delivery Signature and Address
Tracking Number: 7012 0190 0000 9526 8225
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RECEIVED
NOV 2 6 2019
DCM-MHD CITY
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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
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wire d to notify
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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
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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
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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.
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❑ Agent
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If YES, enter delivery address below: ❑ No
3. Service Type
❑ Priority Mall Express®
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Merchandise
El S nature Confirmation^"
❑ Insured Mail
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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)
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.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'
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1
W
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+8.0 MLW
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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
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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
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2.6' -5•Y
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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
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W
0
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08-23-2019
IIP: SHALLOTTE
BRUNSWICK
NC
DL, IS
FILE
e 25500026
BY CS/DML
I NO. 19-21
2OF2