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HomeMy WebLinkAbout90-19 Batts Properties IncPermit Number Permit Class NEW 90-19 STATE OF NORTH CAROLINA C Department of Environmental Quality �A and y Coastal Resources Commission Vermt"t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Batts Properties, Inc. c/o Stephen Batts,110 W Lake Ridge Road, Raeford, NC 28376 Authorizing development in Pender County adi to Topsail Sound/AIWW, at 602 Roland Avenue, Surf City as requested in the permittee's application dated 06/05/19 (MP-1). 07/03/19 (MP 3) & "Revised 09/11/19" (MP-4), including attached workplan drawing (1) dated "Revised 10/15/19". This permit, issued on November 18, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may * subject to tines, imprisonment or civn action; or may cause me permit to oe nun anu volu. Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure (See attached sheets for Additional Conditions) Dermit action may be aovealed by the oermittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. of the Coastal Resources Commission. �{ Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee Batts Properties, Inc. Permit No. 90-19 Page 2 of 4 ADDITIONAL CONDITIONS 3) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The.permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes a maximum of six (6) formalized temporary boat slips. At no time shall more than 6 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 6) The waters adjacent to the permitted project are classified by the Marine Fisheries Commission as "Conditionally Approved -Closed". The construction and/or operation of the authorized facilities shall not directly result in a permanent closure of these conditionally approved waters. Any such permanent closure directly attributable to the authorized facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce or eliminate the cause(s) of the closure. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) Any portion of the permitted access pier, boardwalk, and docking facilities built over Coastal Wetlands shall not exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the wetland substrate as measured from the bottom of the decking. 9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10) Should either adjacent riparian lot be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15 foot riparian corridor setback and submit it to the Division of Coastal Management prior to initiating construction of the docking facility 11) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne-es/mammaVinaiiatee auidelines.pdf. Batts Properties, Inc. Permit No. 90-19 Page 3 of 4 ADDITIONAL CONDITIONS Urban Waterfront Development 12) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the shelter and boardwalk, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. Stormwater Management 13) Prior to the initiation of any upland development activities the permittee shall apply for and obtain a stormwater management plan permit. The permittee shall receive a Stormwater Management Permit, and provide a copy of this permit to DCM, prior to the initiation of any development activities authorized by this permit. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. 14) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property. 16) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 18) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 19) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 20) No excavation or filling of any vegetated wetlands or open water is authorized by this permit. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: _ ?ig s Trv��!,+AC. Type: (Check all that apply) New X Major Mod __ __ Permit# Minor Mod _ Renewal Transfer Permit Coordinator: Field Representative: _. _&.i__I____ __ Date Time Message b4 W/ CS JQ /I SwSz ec�'t VLee+ �� �f tsPcO(CcI C�w.�G°ril+o/1Zi,7tO+ jk(_ (CY&LJ Slncll;,slt -10 vo_`� iwtLP` C ai+o�"1 cavrlt�Invt �SSSh'S . Utdutc �1�� �vatlo�(� . ;4, f 61, ' a6 i %o Svn), bAI:, K0I 1 W (AW6- Uc tt; fy,'� TP Processing Notes -- - - -- -- Applicant: 724AJ ✓ -_ j" t End PN/Comment Deadline: 75 day deadline: 1t 30 Day Comment Period: on hold: 4u• o off hold: qI/I (I - k� tit aA O-V bra 4� ` S 150 day deadline: J 0(2[l'l- r�,WV&A ((Don- AYR�ft� Issued: Q DCM Coordinator: Permit #: Agents: DCM Field Offices Elizabeth City Morehead City Washington Wilmington UW41TGKYG US ACOE Offices: MAILING DISTRD3UTION SHEET (with revised work plan drawings) I /gC-2£3M Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Tyler Crumbley (Brunswick, New Hanover) Vii ffar'r at*ret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environtnental.Review@ncdcr.gov Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program Maria Dunn (WARD) 4W Rodney Butler LPO: % j6L. 6D Fax Distribution: Petmittee #: Agent#_ (NCDOT) Travis Wilson 19M Mr-1 APPLICATION for X. Major Development Permit (last revised 12r27M(3 ) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicantl landowner Information '.. Business Name Project Name (if applicable) Batts Properties Inc. JM's on the Water Applicant 1: First Name Mt Last Name Stephen Batts Applicant 2: First Name MI Last Name If additional applicants. please attach an additional pages) with names listed. Mailing Address v PO Box City State 110 W Lake Ridge Road Raeford NC ZIP Country Phone No. FAX No. 28376 USA 910-540-8162 ext, Street Address (if different from above) City State ZIP 602 Roland Ave Surf City NC 28445- Email 2. Agent/Contractor Information Business Name Weston Lyall, Pe, Pis, Pllc Agent/ Contractor i First Name MI Last Name Weston Lyall Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 214 Highway 17N, Suite 1 Holly Ridge NC ZIP Phone No. 1 Phone No. 2 28445 910-329-9961 ext. - - ext. FAX No. Contractor # Street Address (if different from above) City State 21P Email westonlyaII@westonly4lPSE[`T40N WIRO IPL <Form continues on back> SEP 2 4 2019 —_--282-Boa-zti8s .: 1-888-•4RCOAS't :: www,n�ceastaimanagamentDoM-M{"DCITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit S, Project Location --- — -- County (can be multiple) '?Street Address Stab Rd. # Pander 602 Roland Ave Subdivision Name City State Zip N/A Surf City NC 28445 - Phone No. Lot No.(s) (d many, attach additional page with list) 910 - 540 - 8162 ext. a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Topsail Sound Bay c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade []unknown Topsail Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city lima the proposed ®Yes []No work falls within. Pander County 4. Site Dwalptiort, j a. Total length of shoreline on the tract (it.) I b. Size of entire tract (so ft Approx 188' 120,942 SF c. Size of individual lolls) 1 d. Approximate elevation of tract above NFM/ (normal high wated or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5' ENHW or ❑NWL e. Vegetation on tract Grass f. Man-made features and uses now on tract Two resturants, parking lot, and deck g. Identify and describe the existing land uses adiacen to the proposed project site. Campground & Commercial h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-40 (Attach zoning compliance certificate, a applicable) []Yes ❑No SNA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? []Yes SNo k. Hasa professorial archaeological assessment been done for the tract? If yes, attach a copy. Dyes ONO ❑NA If yes, by whom? I. Is If located in a National Registered Historic District or does it involve a []Yes SNo ❑NA j As Nam R' t ed or eligible prcperty7 JUL 2 4 2019 <Form continues on next page> WIRO RECEIVED SEP 2 4 2019 252-808-2$fl8 .. i-B$$-4HGO-ASY .. www.necoastafmanagemcnt Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (it) Are there coastal wetlands on the site? []Yes ®No (iii) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. City Sewer o. Describe existing drinking water supply source. City Water p. Describe existing stone water management or treatment systems. NIA 5. Activities and impacts- : L, a. Will the project be for commercial. public, or private use? SCommercial ❑PubliNGovernment ❑Private/Community b- Give a brief description of purpose, use, and daily operations of the project when complete. The proposed use of the project is a restaurant with Six boat slips for mooring, two boardwalks, and a deck. A 16x32' covered shelter shall be proposed for additional restaurant seating and/or vending. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical marine construction, including driving piles into the ground, utilizing a small excavator and pile driving machine d. List all development activities you propose. Six boat slips, two boardwalks, an uncovered deck and a 16'x32' covered shelter. e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 3700 SSq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes SNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Existing sheet flow over existing terrain. No proposed changes to the existing terrain i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yea ❑No SNA j. Is there any mitigation proposed? [)Yes SNo ❑NA If yeg,.y{?ib1yMn proposal. -- JUL 2 4 2019 <Form continues on back> RECEIVED 11 SEP 2 4 2019 giettWIRD 252-808.2808—rr--1.888•41iCOAST :: www.„ccoastafmanegeraerWWMHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 8: Adtl➢tionat nformadon In addition to this wmplieted oplowaltionform, (MP-1) the folkiwvrg dams below, ifWkebte, must be submittal invader, to the application package lobe complete. Hems (a) -. M are always aptilicabia to any major developinwlf application.. Please cacmlt the appkcaton instracherfbooktet:on how to property prepare the required demobs below. - a. A project narrative. It. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, Geary 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 site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims role 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 jwhich to submit comments on the proposed project to the Division of Coastal Management Name Parks UnlimitedLLC (i4LVrN 3,y Phone No.. 910.279$739 Address 610 Roland Ave Name Action Properties of Topsail I Phone No. 910 620-0695 Address 518 Rolard Ave Nam Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. In. Signed consultant or agent authorization form. if applicable. i. Wetland delineation, a necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be spired by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N-C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 3,; n ancrPermissiori fo Enteron Land " -- - - _------- _ _..- - ---- ----- I understand that any permit issued m 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 at tl a information provided in this application is iotruthful to the best of my knowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information RECEICi MP-5 Bridges and Culverts $DCM MP-3 Upland Development V ODCM MP-4 Structures Information JUL 2 4 2019 RECEIVED WIRO SEP 24 2019 YBY•808.28tl6 .. t•8a8-4RCOA5T .. caw w.nccaastalmanagv mont.na1 Form DCM MP-3 UPLAND DEVELOPMENT (Construction andlor land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildingsfacilities units or structures proposed. 15'0" wide proposed uncovered deck and 16'0"x32'0" covered shelter for additional seating/vending b Number of lots or parcels. 1 lot c. Density (give the number of residential units and the units per d. Size of area to be graded filled, or disturbed inducing roads, acre). ditches. etc. N/A 0 e If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. I) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No ®NA (n) If yes, list the date submitted: f. List the materials (such as mart, paver stone.. asphalt, or concrete) to be used for impervious surfaces. Metal roofing material for 16'x32' shelter. g. Give the percentage of the tract within the coastal shoreli EC h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces. su require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site Development plan been submitted to the Division of or parking. Water Quality for review? 1.7% (Existing 8 Proposed Impervious) ❑Yes [-]No ®NA i Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces. such as pavement, building, rooftops. or to be used for vehicular driveways or parking. 40 8% (Existing 8 Proposed Impervious) j. Describe proposed method of sewage disposal. NIA (Existing structures have an existing sewer/septic). No new sewer/septic proposed. I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, 'wash down" and residential disL[gg N/A FK{pCII��CCg�q,}Ii wl_24 2019 (ii) If yes, list the date submitted k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yesattach appropriate documentation. m. Does the proposed project include an innovative stornwater design? ❑Yes ONO ®NA If yes. attach appropriate documentation. 17i p A yMrsrWIRQ RECEIVED SEP 2 4 2019 DCM-MHD CITY --292-808-28082:: 1-886-ABCOAST :: www.nrcoastalmanagemen;net revised: 12/26V6 ------ Frarm DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e g., well, communitypublic system. etc.) NIA Existing structures have existing water supply No new proposed water supply o. When was the lolls) platted and recorded? December 20, 1974 1-3-t Date _ t P V[�Vv Project Name App6 t ame //�✓y���t aT Appli .. Signature ,RECEIVED 2 4 2019 p ii, WIRO n. (i) Will water be impounded? ❑Yes [:]No ®NA (ii) If yes. how many acres? p If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RECEIVED SEP 2 4 2019 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.necoaatarmanagemenc.net revised; 12126106 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. a. (1) Is the doddng facility/manna: b. (i) Will the facility be open to the general public'' ®Canmercial ❑Public0Govemment ❑Pmate/Conmunity ❑Yes ®No C. (i) Dock(s) and/or pier(s) d. (1) Are Finger Piers included? ®Yes ❑No (ii) Number 1 If yes (III) Length Iff (ii) Number 6 (Iv) Width 4' (Ih) Length 7' (v) Floating ❑Yes ®No (iv) Width 3' (v) Floating ❑Yes ®No e. (i) ArePlatforms included? ❑Yes ®No f. (i) AreBoatlifts included? ❑Yes ®No If yes: If yes- (11) Number (II) Number _ (III) Length (III) Length (iv) Width (iv) Width (v) Floating ❑Yes ONO Ni Roofed areas are calcuisted from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 6 ❑ Full seance, including travel Im and/or rail, repair or (n) Number of slips existing maintenance service Q ❑ Dockage. fuel, and marine supplies ® Dockage (Wet slips') only, number of slips. 6 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Otherplease describe. i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water; no dredging required ❑Other, please describe. oN t4oic�N�W��MW'� k. Typical boat length: 2Q' r,; ,`)l In, (It Will the facility have tie pilings? ❑�^qYes ONO '`,7o3p (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats. mixed types). Mixed types I. (1) Will the faality be open to the general public? ❑Yas ®No RECEIVED SEP 2 4 2019 DCM-MHD CITY 252-808-2806 :: 1.8684RCOAST :: wwW.nCCeastalnlananement.net - -- - reyyW: 12/27/Oa Form DCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be included in the proposed Wood. ❑ Office Toilets ❑ Toilets for patrons; Number Location. N/A ❑ Showers ❑ Bootholding tank pumpout; Give type and location: N/A b. Describe treatment type and disposal location for all sanitary wastewater. N/A c. Describe the disposal of solid waste, fish offal arxf trash. N/A d. How will overboard discharge of sewage from boats be controlled? N/A e. (i) Give the location and number of'No Sewage Discharge' signs proposed. N/A (ii) Give the location and number of'Pumpout Available' signs proposed. N/A f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. N/A g. Where will residue from vessel maintenance be disposed o% WA h. Give the number of channel markers and 'No Wake" signs proposed. N/A 1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. N/A j. What will be the marina policy on overnight and live -aboard dockage? N/A k. Describe design measures that promote boat basin flushing? WA I. If this project is an expansion of an existing marina, what types of services are currently provided? SEP 11 2019 N/A DCM WILMINGTON, m. is the mannaldocking facility proposed within a primary or secondary nursery area? SEP 2 4 2019 ®Yes ❑No DCM-MHD CITY 252-808.2808 :: "88-4RCOAST :: www.nccoastal na_gpmeM.ne -- nWNd: 17/3T/06 Form DCM MP-4 (structures, Page 3 of 4) n. Is the marmaidocking facility, proposed within or &discord to arty shellfish harvesting area? ❑Yea ®No o. Is the marinaidocking facility proposed within or adjacent to Coastal wetlandslmarah (CW), submerged aquatic vegetation (S", shelf bottom (SB), or other wetlands (WL)? 11 any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS _ OWL ONons p. Is the proposed mannaldoddng facility located within orwhhin close proximity to any shelihsh leases? []Yes ®No If yes, give the name and address of the leaseholders), and give the proximity to the base. a. (i) Is the boathouse structurv(s): []Commercial ❑Publicirovemment ❑PrwatefCommunity (h) Number _ (Ili) Length (iv) Width _ Note: Roofed areas are cakulated from dnpfine dimensions. a. (i) Number _ (it) Length _ (hi) wddM a. Length c. Maximum distance beyond NHW, NWL or wetlands a. Is the structure(s): ❑Commrercial ❑Public/Government ❑Private/Community c Distance to be placed beyond shoreline Note. This should be measured from marsh edge, if present. e. Arc of the swing ,_ b. Average distance from NHW, NWL, or wedands b Number d. Description of buoy (color, inscription, size, anchor, etc.) —�s6sa SEP 11 2019 SEP 2 4 2019 DCM-MHD CITY 252-808-2808 :: 1-88"RCOAST :: wwwmco�,r+ sstalmam�psmentLnet r®vlaed: 112127J08 Form DCM MP-4 (structures, Page 4 of 4) a. PMx'rntty of Structure($) to adjacent npanan property lines N/A Mote. For buoy or mooring pd ng, use arc of swing including length Of vessel C. Width of water body 1W e. (1) Will navigational ails be required as a result of the project? ❑yea ONO ❑NA Oil If yes, explain what type and how they will be implemented. i. GwedOns♦e0 deeir4-1, : Vv 011 SSQ �� NG.01:41 ' .17-0 b. Proximity of Structure(s) to adjacent docking facilities. 26.1' (Action Properties Dock) ; 15' (Parks Unlimited LLC Dock) d. Water depth at wateiward end of structure at NLW or NWL 4' RECEIVED SEP 2 4 2019 DCM-MHD CITY 252-808-2808 :: 1-888.4RCOAST :: www.nccoast_almpnagement.net revised: 12/27106 DMSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Batts Properties, Inc COUNTY: Pender PROJECT NAME: JM's on the Water LOCATION OF PROJECT: 602 Roland Ave, Adj to Topsail Sound, Surf City DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-11-19 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: f2�7,- B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REC'D: 9-18-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 11-25-19 MAIL OUT DATE: 9-16-19 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A RECEIVED SEP 24 2019 DCM-MHD CITY DISTRICT OFFICE: WILMINGTON FEE REC'D:$250#1989 END OF NOTICE DATE: 10-9-19 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 10-9-19 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM—Field Rep Local Permit Officer DCM DCM — LUP Consistency Determination y ' Rural Development Division 10 Lf,&4 Cho-. r. 1y DEMLR — Stormwater & Sed/Erosion w' w /A( DWR-401 to h 1«�r 3 DOA — State Property Office t it,19 DMF — Shellfish Section NCDOT DMF — Habitat & Enhancement 4 lj DWR — Public Water Supply q (Ij USACE —Regulatory tl (( 2a 6217 (o DNCR—Archives & History DNCR —Natural Heritage Program WRC — Wildlife Resources Commission DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Bads Properties; Inc COUNTY: Pender PROJECT NAME: XWs on the. Water LOCATION OF PROJECT: 602 Roland Ave, Adj to Topsail Sound, Surf aly DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-11-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW:�� B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE RECD: 9-18-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE:11-25-19 HOLDS: MAIL OUT DATE: 9-16-19 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE RECD: $250##1989 END OF NOTICE DATE: 10-9-19 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 10-9-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM-Field Rep Local Permit Officer. DCM DCM - LUP Consistency Determination Rural Development Division DEMLR-Stormwater & Sed/Erosion DWR-401 DOA - State Property Office DMF- Shellfish Section ID 1� X X $L1 S �1�1i1 NCDOT DMF— Habitat & Enhancement, 2 DWR-Public Water Supply] USACE _ Regulatory DNCR -Archives & History x DNCR - Natural Heritage Program WRC - Wildlife Resources Commission RECOMMENDATIONS FOR — Batts Properties, Inc. The total square footage of the proposed docking facility was calculated as follows: Shoreline length =110 ft x 8 ftz = 880 ftz allowable Proposed elevated dock (4' x 188') and finger piers (4.8' x Tx six) = 838 ftz Total = —838 ftz It is the staffs recommendation that the proposal to construct a docking facility is CONSISTENT with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas. It is staffs recommendation that the proposal to construct a transient commercial docking facility is CONSISTENT with the Rule in 15 NCAC 71-1.0208 (b) (6). This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. Any permit issued should include standard conditions for docking facilities and upland development in the Estuarine Shoreline AEC. RECEIVED SEP 2 4 2019 DCM-MHD CITY Bodnar, Gregg From: Sent: To: Subject: Hey Gregg. That is correct. Humphrey, Jeremy Tuesday, October 08, 2019 9:13 AM Bodnar, Gregg RE: CAMA application for Batts Properties LLC Jeremy Humphrey Environmental Health Program Specialist Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Department of Environmental Quality 910.796.7367 office Jeremy. Humphrey@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares _ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, From: Bodnar, Gregg Sent: Tuesday, October 08, 2019 9:01 AM To: Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov> Subject: CAMA application for Batts Properties LLC Morning Jeremy, I wanted to verify with you that if the slip count remains 6 slips as proposed that the waters will not be reclassified to prohibited. If that is correct I can condition a permit accordingly. Thanks for the help, Gregg ti oywo.carmnuwe�aWgWq� /"� Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 BOB 2808 ext 215 (Office) G ree e.8 od n a r@ncdenr.eov Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. 1c�����0 NORTH CAROLINA Lirrvironmentol Onality September 16, 2019 MEMORANDUM: ROY COOPER Governor MICHAEL S. REGAN S erxua y FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) cou rtney.spears(ancdenr.goy SUBJECT: CAMA BRAXTON DAVIS Director, 171rinainn ajGr n vt d9aragunmm Applicant: Batts Properties, Inc Project Location: 602 Roland Ave, adjacent to Topsail Sound in Surf City, Pander County Proposed Project: installation of a six -slip docking facility, boardwalk and shelter Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtnev Spears at the address above by ,October 9, 2019J If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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" "Comments attached This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated., See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins GENCY NC DMF - Shellfish Sanitation RECEIVED SIGNATURE r enkins OCT 7 2019 RATE 10/04/2019 �ECTO®N MHD State of Nordi Carolina I Enviromnental Quality i Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 i ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY . 0/rector October 04, 2019 MEMORANDUM TO: Courtney Spears, Assistant Major Permits Processing Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive, Ext., Wilmington, NC 28405 From: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA Application Review Applicant: Batts Properties, Inc Project Location: 602 Roland Ave., Adjacent to Topsail Sound in Surf City, Pender County Proposed Project: Installation of a 6-slip docking facility, boardwalk and shelter The proposed project site is in waters that are classified as Conditionally Approved Closed. A reclassification to Prohibited can be avoided if the cumulative number of boat slips of the proposed docking facility and the adjacent dock to the east is not greater than 10 slips. Additionally, the proposed docking facility should not provided permanent or temporary docking space for more than six vessels. RECEIVED OCT 7 2019 MP SECTION MHD -^/'Nothing Comgares� 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 September I,6, 2019 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: 4" 1-( •oi ,DLI ROY COOPER Gmnmar MICHAEL S. REGAN .ticcr. Lr;r BRAXTON DAVIS' fArerrt+r, Dnixlrar r j C'raniu! .I fur*rgerxcm Courtney Spears, Assistant Major.PeriWWCoordinator NCDEQ - Division of coastal Management SEP 2019 127 Cardinalbrive Dd., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-13) 1$ 3 courtnel.s ears ncdenr. ov C[3#?ri�wp CANIA`�C��2�\ Batts Properties, Inc 602'Roland Ave, adjacent to Topsail Sound in Surf City, .Pender County Proposed Project: installation of a six -slip docking facility, boardwalk and shelter Please indicate below your agency's position or viewpoint on -the proposed project, and return this form to Courtney Spears at the !address above by October 9, 2019, If you have any questions regarding the proposed project, contact Jason Dail at(910)-796-7221 when -appropriate, in-depth comments with supporting data is requested. REPLY: This agency pas no objection to the project. as proposed. *",Additional (comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended' changes are incorporated. See attached. This agency lobjects,to the projeeDfor reasons described in the attached -comments. i PRINTNAME IVIZAc, I t 7yn AGENCY RECEIVED h(CAJ2 (_ SIGNATURE DATE OCT 7 2019 PAP SECTION MHD State ofNonh Carolina I Enviromrewl Qunlity I COMWIMaruSement 127 C1r&al Drive EXL, Wihnington, NC 28405 9197967215, ROY COOPER Unvenmr MICHAEL S. REGAN Seem"" NORTH CAROLINA bivironmental Qualit, September 16, 2019 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(a)ncden r. gov SUBJECT: CAMA Applicant: Batts Properties, Inc Project Location: 602 Roland Ave, adjacent to Topsail Sound in Surf City, Pender County BRAXTON DAVIS Drrecaoq Dlvrdnn rq Coasml Managenn"a Proposed Project: installation of a six -slip docking facility, boardwalk and shelter Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by • ctober 9 2019 If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. P-R-IN-TUN-A-MR Dan Sams A'GENC RECEIVED SEP 18 2019 AT Seat 18, 2019 DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 'NORTH ON rZ—nn 17 _M�i,-Jl I 1COY r _00PEklI DAMMAM: A.- . REGAM, HMMB I TAT I WN CE BRAXTON DAVIS AfmaAMOM L 7 ­iSeip"te-6-ber 116�46+0` C FROM -_­ y, ouroey,Spoarsi assistant Major Per rh16 Coordinator NCDE,QLDivision ofC&asial-Managerhen 127. Cairdinal'Or,hid EiE Wirnind6n4MC-26 66 -.--.Fax 1 3 u or 04-16 _c6urtn6y.spears ncdinr.q OVJ - "'�4 'SUBJECT.CAM* -,�r IL J applicant: Cent:', Batti; Pro0brues;4hii" Roland Ave ,'.adjacent -to TopsailSound'in Surf C*' unty- do -66*' f6ardwdlk and Please`indlcate below your agency s posldon or wewpomt on the p ed ct pro �os� roje and - ----- return this eft at the .addrs'gsi nvp NAPP-5) YA1 I 6 -have regarding Lth*e,pr000sed'orc!4ci,,.niid� Jason Dail at(9-1,0) 7$642211 bcitnrnenismvitj�`sdgp'� when 'appr6pnate;-In-depth cirtingdatwis4ouest6d '4 i- REPLY- has no. C) This hiection to the project as proposeU_ "Additional'comments may be attached",. :Thiwe2has d OIL agency no corninerit'Zri the propose proje ",Mftiend6d changes This agiencyeppfoves'o theproject only If the recommended -incorpicirated See -attached - ,66le6fs Thr64*in'theattached comments. l dgiFcy.'t6thEi�rojia-project reasons :S'c % PRINT �NAME a,." PA('Au(i;r Y" ­, MY hMF RECEIVED I .-- DOM V vlcm IN TON; ­NC... A S19_N6T=UR� ­SEP 232019 - J -7 A Pei Slate of N01h C=1fim I Envim mtg QaftNty I Cmial Nfmagmmaf 127 C&&W DriveI Ext�,Wflffiinglw NC28405,' Kaly, C () 0 P m M IJU A NQRTR.CAA0La4A Sbotenter,16,1alY MEMOAAMI) Fqolo' Courtney:Spears, Assis-taii(M'ajdr-Odrmitr;.&o,brdinatdr.; 1-27,63rdihal Drive Ext., yVjjmihgtoh; NQ 28405, yoxi 9.1.6404q64;r t,CQor4cr1-64;) courtneygoearg(a)mcderyoov SUBJECV., Apolldiiitz Batts Pinperties, Inc PioJect.Lodition: -602 Rd6nd Ave, adjacent to Topqq# Sopnd 7n Surf City„ Pender.Counfy, 13RA)CLOWDAVIS Atli Y", Prd'odsifd Project; r" talfiRtion�of,,a�six,�stipdgqk(ng, ins facility, `boardwalk ands(ielter Please' ifididiat6 bel6w your agencys posidon orviewpoini,bn the: krokosed lo ect-and return -dik-form-to Cbuiinev--�gpears;at-.th(.-.add,ress-.,a66.ve, by if you have any questions ,rqgar0fngjhp prb-p.osp PTOJ . ect, toritaot,jasoh Dail at (91 Q)' 796-722-1 -Nkheq app ie..,jh- rop� bodepth p*rpeMi with s'u'pp6yVrf0 dela is7qqQds(04r REPLY:; ;mil This agency hasno oblectioii to the project as proposed. "Additional dorhmd-nts maybe attached"' This aggppy, has no the proposed, This agency app -poyesofthe: project only, f the. r6dqrnmeridedchanges gre'lr1co -I This .agency objects -tdftiY(6je-6tf6r,r6dt6hsdds6flbbdih,theattach6d.comments. ORTO-4-0 rl", RECEIVED wammum SEP 2 3 2019 AM* DCM WILMINGTON, NC � l xis'-"iY� a.�` �.,.,�,�-�5�'�� cAl `1,y?�t101Pl��raFl�UP�" p-� PAO 3 �� ln "rr•rC,oih�sJ�#.AtlJiirirtfsrbf�i]ugar�> A s P coartnewsoearsminmenr�acw 37. 0-141111,1 J� ` .fit �a•. b`" i-Y='cwf'11L; j �w si_tJ`J-4«"n Vol IV:..$ , CID ; >j � ...+ ,�' � ( idea s c-a�5-' r•-.-.�'T; `' -, f °"' 13" „ c -�A r♦ s5~� v �y.p Pao, Ii o�eap�i -, n'► b tEi Bt dress oi�et5y Octo-bet 2091)fX ►w .,tPL:— ar"i r8ginlzab�ios} �io,a�,irop rs rN �lUQndlTc�ly��pY th �( �a r r Pao To -too, o QS� -too, aP!1l g�d�a yi g ' .�'Tr@7f44G��pTaf�Eild�S9418 N�a�ac�t� oje�t}to e�san�`h'�`i � i*`0f.0M = I a ly ya .++� L "� +1� ��` N.kJ r3 � N� Y s.�}.. • '+9 P ii '9 ^w r1 5 �4 .,. RECEIVED Ilk �- ;Ka� �"�„` ` �y tY ] 2aSEP 3 0 2019 DCM WILMINGTON, NC -0- 17 Ux WSJ Y�i^� � �. -r-^ _ + iL" :�:) �°'a �'� ,a •--') F? �.j � y '� � 'r-.1 t; 01 y ( 'W .%"-"'-"-��'-„""_..c�—__.'�'"�...,�.✓{4.'•r'^��—.c,r- �.— c... �.masa- nQ' .ot---ma�'.o-.v+a u..s -: msam�m t e t?•�I S - Bodnar, Gregg From: Zeigler, Mark D Sent: Tuesday, October 15, 2019 2:28 PM To: Bodnar, Gregg Subject: RE: CAMA Major Application: Batt's Properties, Inc. Hello Gregg, Similarly to the email I sent you this afternoon for another CAMA permit application; before Courtney Spears left she said I should coordinate with you. I wasn't sure if DEQ-DCM was ok with granting a permit for this Batts project because of the concerns that are explained in the Anticipated Impacts (p. 3 & 4) in the Field Investigation Report. "It is unclear whether NCDEMLR will authorize the proposal under their re -development criteria based on the age of the existing structures...:' For this reason I have held off signing off with the "This agency has no objection to the project as proposed." Could you tell me if DEQ-DCM is ok or not with signing off on this permit? Thanks, Mark Mark Zeigler, AICP Community Economic Development Planner North Carolina Department of Commerce •, NC DEPARTMENT of COMMERCE ;f{4' RURAL ECONOMIC " DEVELOPMENT 910 796 7268 office 910 632 4011 mobile mzeigler@nccommerce.com 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Monday, September 16, 2019 5:39 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental _Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrey@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Hall, Christine <Christine.HaII@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox, -► Heidi <heidi.cox@ncdenr.gov>; Patti Arnold <parnold@townofsurfcity.com> Cc: Spears, Courtney <courtney.spears@ncdenr.gov>; Dail, Jason <jason.dail@ncdenr.gov>; Day, Susan <susan.day@ ncde nr.gov> Subject: CAMA Major Application: Batt's Properties, Inc. Hello All! Please accept this correspondence as the official distribution of CAMA application from Batt's Properties, Inc., for development in Surf City, Pender County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please comglete_the bottom portion of the comment sheet with your information and signature NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Courtney Spears at courtnev.spears(a)ncdenr.gov or (910) 796-7426. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya. Pieti la On cd enr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 ROY COOPER G npveor MICHAELS REGAN ut.etmy BRAXTON DAVIS Unr.:nr, Umram,rfCwa,ml ,ilnnn�w'nxwl September 16, 2019 MEMORANDUM: FROM: Courtney Spears,'Assistant Major Permits.,Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 Fax: 910-395-3964 (C6urier0446-33) courtnev.'soears a(�.ncdenr.aov SUBJECT: CAMA Applicant; Batts Propeities, Inc Projectlocation: 602 Roland Ave, adjacent to Topsail'Sound in Surf City, Pender County Proposed Project: installation of a six -slip docking facility,boardwalk and shelter Please indicate below your agency's,position or viewpoint on the proposed project and return this form to Courtney Spears at the'address above`by October b,_ 2619. If -you have any questions regarding the proposed .project,•contactJason, Dail'at(910) 796-7221 when appropriate, in-depth.comrnents with supporting data isirequested. REPLY: -,?SL This.agency has no objection to the'project as -proposed. **Additional comments may be attached" -)t X This agency.has no comment on the proposed project. This agency approves of the projectonly'if the _recommended changes are incorporated. See attached. This;agency,objects to the project for reasons described in, the. attached, comments: PRINT NAME W Yh _ AM S AGENCY NC Pz'eft 4DM-X-Yte SIGNATWIE DATE I D / ,I / g RECEIVED OCT 1 7 2019 Stale of North Carolina l Entiro mental Quality l Coattal Management Kq P SECTION M H D 127 Cardinal Drive Ex" Wilmington. NC 28405 919 796.7215 DocuSign Envelope ID: 5C4FB3DC-45FB-4E40-9F5C-D98AE71 DDOD" ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Batts Properties, Inc. Attn.: Stephen Batts 110 W. Lake Ridge Road Raeford, NC 28376 NORTH CAROLINA Envhonma dW QUaItY November 7, 2019 DWR # 2019-1237 Pender County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS JM's on the Water (602 Roland Ave., Surf City) Dear Mr. Batts: The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on September 16, 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 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). North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 ,'':=•WaWv� /�� 910.796.7215 r Docuu' gn Envelope ID: 5C4FB3DC-45FB-4E40-9F5C-D98AE71 DOOD2 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.mairsPncdenr.gov if you have any questions or concerns. Sincerely, n,00cusig�ed Cby: I rVw S �i E3ABA1dAC7DC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Gregg Bodnar, DCM Morehead City Office, EC Liz Hair, USACE Wilmington Regulatory Field Office, EC DWR 401 & Buffer Permitting Branch file-LF e *t Bodnar Gregg From: Mairs, Robb L Sent: Friday, October 18, 2019 11:39 AM To: Bodnar, Gregg Subject: RE: Projects Hey Gregg, As discussed, Batts should be DWR 20191237 and Reif should be DWR 20191235. Long week. Hope you have a good weekend. Robb From: Bodnar, Gregg Sent: Friday, October 18, 2019 10:00 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: Projects Thanks for the update. Gregg From: Mairs, Robb L <robb mairs@ncdenr.gov> Sent: Friday, October 18, 2019 9:59 AM To: Bodnar, Gregg <gregg bodnar@ncdenr.gov> Subject: RE: Projects G regg, Here are couple of corrections: Michael Richter- This will require written approval (Correction DWR # 2019-1073) through our GC 4175. Approval letter will follow. William Rayner- Correction on DWR (#2019-1238) Thanks, From: Mairs, Robb L Sent: Wednesday, October 16, 2019 2:24 PM To: Bodnar, Gregg <gregg bodnar@ncdenr.gov> Subject: RE: Projects Gregg, 1 Please see below next to applicants. From: Bodnar, Gregg Sent: Wednesday, October 16, 2019 10:52 AM To: Mairs, Robb L <robb.mairsCa@ncdenr.sov> Subject: Projects Hey Rob, I'm trying to get a handle on outstanding comments from the Wilmington office... Rayner, William -This will not require written approval (DWR 20191073) Richter, Michael -This will not require written approval (DWR 20191238) Yusko, Mark- This will require written approval (DWR 20191238) through our GC- 4175 Reif, Robert -This will not require written approval (DWR 20191237) Batt's Properties LLC -This will not require written approval (DWR 20191235) Sorry if you've already sent something in or if I've asked recently, Gregg Q_EQ� lefl�'J Gregg Bodnar Assistant Major Permits coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) Grege.Bodnar@ncderin ov_ Email correspondence to and from this address is subject to the North Carolina Public Records Cow and may be disclosed to third parties. r MEMO To: Gregg Bodnar From: Mike Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Batts Properties, Surf City, Pender County Date: October 16, 2019 Consistency Determination: Project appears to be consistent with the Surf City Laud Use Plan update. The applicant is proposing to install a six -slip docking facility, boardwalk (deck) and shelter. The project is located at 602 Roland Avenue, in Surf City, Pender County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PT. Waters at the site are classified as SA and are conditionally approved closed to shell fishing. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Surf City Land Use Plan and offer the following comments. The general area of the project is classified Urban Waterfront, Resource Protection and Conservation, while the AECs impacted by the work are classified as Conservation. In general, the Surf City Land Use Plan allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Surf City Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Surf City Land Use Plan Update. Cc: File RECEIVED 0 ci 2 2 2019 PAP SECTION MH® 0 NORTH CAROLINA Environmental Qmdih; September 16, 2019 MEMORANDUM: ROY COOPER MICHAEL S. REGAN 3ucrmty FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 26405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soears(?ncden r. gov SUBJECT: CAMA Applicant: Batts Properties, Inc BRAXTON DAVIS Dirremq Diriciun n(Crw.,m( Management Project Location: 602 Roland Ave, adjacent to Topsail Sound in Surf City, Pender County Proposed Project: installation of a six -slip docking facility, boardwalk and shelter Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 9, 2019� If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_This agency has no objection to the project as proposed. "Additional comments may be attached" A stormwater application must be submitted for the proposed BUA. 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_Christine AG NE CY _DEMLR / Stormwater �"aIVE0 SIGNATURE a iltl MIT OCT 2 3 2019 DATE 10/23/19 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 Bodnar, Gregg From: Hall, Christine Sent: Wednesday, October 23, 2019 11:43 AM To: Bodnar, Gregg Subject: RE: CAMA application for Batts Properties Attachments: BattsPropertieslnc.CommentSheet CH.docx Gregg, Since this project is required to obtain a CAMA major permit and is proposing to add BUA (the proposed shelter), a stormwater application must be submitted and a stormwater permit will need to be obtained. (In reading the application, they indicate that a stormwater permit will not be submitted. Not sure why...) In reading the narrative, it sounds like this site is within an urban water front. If so, it would be exempt from providing the otherwise required 50'vegetated setback for the proposed BUA. Let me know if you need anything else! Christine Hall Environmental Engineer Division of Energy, Mineral and Land Resources — State Stormwater Program Department of Environmental Quality 910 796 7215 office 910 796 7335 direct christine.hall@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 !- 'Nothing Compares..,.... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Tuesday, October 22, 2019 9:40 AM To: Hall, Christine <Christine.Hall@ncdenr.gov> Subject: CAMA application for Batts Properties Morning Christine, Just checking in on this one to see if you agree with the BUA calculations from the updated workplans (see attached). Thanks as always, Gregg CtW.lo ftlImeaoavfcuat, Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 (Office) G ree e.Bodna r@ncdenr.¢ov Email correspondence to and from this address is subject to the North Carolina Public Records Caw and maybe disclosed to third parties. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 November 15. 2019 Regulatory Division Action ID No. SAW-2019-01710/ 602 Roland Ave/ Batts dock RECEIVED Mr. Jonathan Howell Nov 1 8 2019 Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue MP SECTION MI -I® Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application of Batts Properties, Inc. c/o Mr. Stephen Batts, associated with the construction of a six -slip docking facility, boardwalk, and deck, located at 602 Roland Avenue, in Surf City, Pender County, North Carolina. Specifically, the applicant proposes to construct a six -slip docking facility, along with a 4' x 188' elevated dock, a 13' x 110' elevated boardwalk, and a 16' x 32' covered shelter along the water's edge at an existing commercial property. Spanning east from the proposed uncovered deck/boardwalk, the applicant proposes to install a 6' x 45' access pier along the southern side of the property and a 6' x 25' access pier along the northern side of the property. Both piers would provide access to the proposed 4' x 188' section of elevated dockage, which would run parallel to the shoreline. Along the outer section of dockage, the applicant proposes to install six, 3' x 4.8' fixed finger piers which would allow access to/from transient vessels visiting the existing restaurant (JM's Bistro). The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manateeguidelines.pdf. RECEIVED Nov 1 8 2019 -2- MP SECTION MHD 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 4.Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 5. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7.Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9.The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be -3- available at the project site during construction and maintenance of this project 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers hot designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office RECEIVE® NOV 1 8 2019 MP SECTION MHD if Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Mr. Gregg Bodnar/Ms. Tara MacPherson North Carolina Department of Environmental Quality- Division of Coastal Management Ms. Karen Higgins/Mr. Robb Mairs North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Ms. Kathy Matthews U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/ Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division Bodnar, Gregg From: Bodnar, Gregg Sent: Tuesday, October 15, 2019 2:01 PM To: gina@westonlyall.com Cc: chris@westonlyall.com; Dail, Jason Subject: Batts Property Properties LLC Afternoon all, Chris thanks for the call earlier and your time in addressing the workplan. If you are able to make the changes/verify the requests below and send me the updated workplans etc. via this email address. 1. Remove note #8 concerning wetlands 2. Update the impervious calculations 3. Verify the width of the uncovered deck Thanks again for all the help, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management ar --eE Department of Environmental Quality 252 908 2808 ext 215 (Office) G reee.B odnarO)ncdenr.eov Email correspondence to and from this oddress is subject to the North Carolina Public Records Caw and moy be disclosed to third parties. DCM Coordinator: Permit #: MAILING DISTRIBUTION SHEET Permittee: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARO) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) Natural Heritage Program Rodney Butler LPO: Fax Distribution: Permittee #: Agent# (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Batts Properties, Inc. 2. LOCATION OF PROJECT SITE: Site is located at 602 Roland Avenue, in Surf City, Pender County. Photo Index - 2006: 26-6628, A, 10-11 State Plane Coordinates - X:251195 Y: 2437832 Lat: 34°25'48.89"N Long:77°32'50.33"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Application received complete: 9/11/19 S. SITE DESCRIPTION: (A) Local Land Use Plan- Surf City Land Classification From LUP - Urban Waterfront, Resource Protection and Conservation (B) AEC(s) Involved: PT, EW, ES, (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- Building, accessory structures and parking area. Planned- Pier, dock, boardwalk and covered shelter (G) Estimated Annual Rate of Erosion: N/A 6. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open Water) 838 sq. ft. (incorporated) (C) Other - High round disturbance -LIE] 2,162 sq. ft. (deck and shelter) (D) Total Area Disturbed: 3,000 sq. ft. (0.07 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: Conditionally approved closed PROJECT SUMMARY: The applicant proposes to install a six -slip docking facility, boardwalk (deck) and shelter. RECEIVED SEP 2 4 2019 DCM-MHD CITY Batts Properties, Inc. Page 2 9. PROJECT DESCRIPTION The applicant's property is located at 602 Roland Avenue, in Surf City, NC. To access the site from Wilmington, travel north along NC Highway 17 to NC Highway 210 (approximately 14 miles from Porter's Neck). At the intersection of Hwy 17 and 210, turn right and continue until you reach the intersection of Hwy 210 and Hwy 50. Turn right at this intersection and continue toward Surf City, passing over the high-rise bridge and onto the island. At the foot of the bridge, steer left (north) in the round -about toward North Topsail Beach, along N. New River Drive. Almost immediately upon exiting the round -about, you will need to take another left onto Roland Avenue. Once on Roland Avenue, continue toward the end of the road and 602 Roland Ave. will be located on the right-hand side of the road. The property historically operated as "The Bistro at Topsail" and consists of a single building (restaurant) with covered outdoor seating (atop a deck) and parking area. The building sustained a marginal amount of damage as a result of Hurricane Florence and is currently in the process of being re -habilitated. The existing building located on the property transects the 30-foot Coastal Shoreline Buffer, and over 90% of the building is located within the 75- foot Estuarine Shoreline Area of Environmental Concern (AEC). The elevation at the subject property is purported to be approximately 5-feet above the elevation of the normal high- water line, according to the application package. The property is bordered to the east by an unnamed canal that provides access to Topsail Island Marina, and to the north and south by commercial properties. Roland Avenue borders the site toward the west. Along the water's edge lies an area of Coastal Wetlands consisting primarily of Smooth Marsh Cordgrass (sp. Spartina alternatlora). In this area the shoreline is stabilized by broken concrete rubble beneath a layer of vegetative matter. The Coastal Wetlands abutting this property spans the length of the shoreline (+/-188 linear feet) and measures approximately 5'-10' in width. Surf City's Land Use Plan (LUP) classifies the upland areas as Urban Waterfront and all other areas as Conservation. The NC DMF has classified the waters surrounding this area of Stump Sound as a Primary Nursery Area and the NC Shellfish Sanitation Section has classified the area as Conditionally approved Closed. PROPOSED PROJECT According to the project narrative and application package, the applicant proposes to install a six -slip docking facility, boardwalk (deck) and shelter. RECEIVED SEP 2 4 2019 DCM-MHD CITY Batts Properties, Inc. Page 3 Based on information provided in the application package, the applicant is requesting approval to install a 4' x 188' elevated dock, 15' x 110' elevated boardwalk, and 16' x 32' covered shelter along the waters edge. As designed, the proposed covered shelter would be located along the eastern property corner, just landward of the 30' Coastal Shoreline Buffer. At this location, the shelter would be approximately 22.5' from the southern property boundary, and just south of the existing building. The shelter would account for a 1.7% increase in impervious coverage within the AEC. Just east of the shelter, and just landward of the upper limits of Coastal Wetlands, the applicant proposes to install a 15' wide x 110' elevated uncovered deck/boardwalk The proposed deck would be situated between the existing building, the new covered shelter and the normal high water line, within the 30' Coastal Shoreline Buffer. This area of Surf City has an "Urban Waterfront" designation according to the CAMA Land Use Plan, which would allow for an exceedance of uncovered platform area within the buffer; therefore, this development activity would be permissible under the Urban Water criteria. Spanning east from the proposed uncovered deck/boardwalk, the applicant proposes to install a 6' x 45' access pier along the southern side of the property and a 6' x 25' access pier along the northern side of the property. Both piers would provide access to a proposed 4' x 188' section of elevated dockage, which would run parallel to the shoreline. Along the outer section of dockage, the applicant proposes to install six, 3' x 4.8' fixed finger piers which would allow access to/from transient vessels visiting the restaurant. As proposed, the elevated dock would span from property line to property line and would be located within the riparian corridor setback at each end/side of the property. The applicant has received "initialed" waivers from the adjacent landowners allowing encroachment into the setback. As proposed, the elevated dock would measure approximately 20' - 40' beyond the outer edge of Coastal Wetlands in open water. In this area, the width of waterbody measures approximately 145' -160', respectively. Water depths in the vicinity of the proposed dockage range from -3.2' to -4.9' @ normal low water. Based on vertical water depth datum provided with the application package, it does not appear the proposed dock would encroach within the channel portion of the waterbody, nor would it extend beyond Y4 of the width of the waterbody. 10. ANTICIPATED IMPACTS The proposed project would include the creation of 512 sq. ft. of new impervious coverage within the 75' AEC, and 1,650 sq. ft. of elevated uncovered decking within the 30' Coastal Shoreline Buffer. Approximately 1,128 sq. ft. of open water area would be incorporated as a result of the proposed elevated dock and finger piers. This work would occur within Public Trust and Estuarine Waters. The shelter would account for a 1.7% increase in impervious coverage within the AEC and would bring the total impervious coverage within the 75' AEC to 40.8%. RECEIVED SEP 2 4 Z019 DCM-MHD CITY Batts Properties, Inc. Page 4 It is unclear whether NCDEMLR will authorize the proposal under their re -development criteria based on the age of the existing structures, but any additional stormwater run-off should be collected and treated on -site. Minor increases in turbidity should be expected; however, no long-term impacts are anticipated. All development would be located within the applicant's area of riparian access, within Y4 of the width of the waterbody and outside of the existing channel. Submitted by: Jason Dail Date: September 11, 2019 Office: Wilmington RECEIVED SEP 2 4 Z019 DCM-MHD CITY ROY COOPER (;.......... MICHAEL S. REGAN S1,ran,(r NORTH C.AROLINA Gn n omwntat Ounhlr September 16, 2019 MEMORANDUM: FROM: Courtney Spears,Assistant+ Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(ftoden r.9ov SUBJECT: CAMA Applicant: Batts Properties, Inc Project Location: 602 Roland Ave, adjacent to Topsail Sound in Surf City, Pander County BRAXTON DAVIS Inn, nn: /Jn=enmr ni C'.neru/ I iU14Y$YmGO Proposed Project: installation of a six -slip docking facility, boardwalk and'shelter Please indicate below your agency's position or viewpoint on theproposed project and return. this form. to. Courtney Spears at the.address above.by Octoodr% 2019 If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments ,with supporting data is requested. REPLY: �151� s P D PRINT -NA AGENCY _ This agency has no objection to the project as proposed. ."Additional comments may be.attached" ✓- This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated.. See attached. This agency objects to the project for reasons described in the attached comments. W"cicL I. II ac—d SIGNATURE bjo" — J,� DATE to-li- C9 Suite ol'NoNi Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7967215 CEVVEE® OCT 1 1 2019 Revised: July 3, 2019 June 20,2019 To: North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Subject: The Bistro/JM By the Water 602 Roland Ave. Surf City, NC The purpose of this letter is to notify the North Carolina Division of Coastal Management of the proposed 16'x32' covered shelter, 15' wide uncovered deck, proposed boardwalks and 6' wide dock with 6 boat slips to be constructed at 602B Roland Ave, Surf City, Pender County. The property contact is Batts Properties, Inc Attn: Stephen Batts and can be contacted at (910) 540-8162 Please see the enclosed CAMA Major Permit Application as well as the preliminary plot plan for the proposed dimensions and location of the project. Thank you, Weston Lyall, PE, PLS RECEIVED J'Jl 2 4 2019 MP 3i:CTteN WIRO V'c M RECEIVED SEP 2 4 Z019 _ - Dr.nA-MHD CITY _ ROY COOPER Govemar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Batts Properties, Inc. C/o Stephen Batts 110 W. Lake Ridge Road Raeford, NC 28376 Dear Mr Batts: NORTH CAROLINA Environmental QuaUty September 11, 2019 The Division of Coastal Management hereby acknowledges receipt of your application requesting State approval for development of the subject property located at 602 Roland Avenue, in Surf City, Pender County. It was received as complete on September 11, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 25, 2019. 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 September 11, 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. S' erely, n 1 geld Representative cc: Courtney Spears, DCM Liz Hair, COE Robb Mairs, NCDWR Patti Arnold, Surf City Inspections MHC - Files Weston Lyall, PE, Pis, Pilc - 214 Highway 17N, Suite 1, Holly Ridge, NC 28445 D Q 5 RECEIVED SEP 2 4 N19 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drtve Extension I Wilmington. North Carolina 28405 910.796.7215 17VA W N U NO tu U T I (01� LAMA PERMIT APPLIES FOR PROJECT: 0 COMMENTS ACCEPTED THROUGH October 09, 2019 APPLICANT: Batt's Properties Inc. c/o Stephen Batts 110 W Lake Ridge Rd (910) 540 - 8162 AGENT: Weston Lyall (910) 329-9961 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 127 Cardinal. i min , NC 28405 ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dlrecn+r. Division of Co tal Mmmgement September 13, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Sondra Vitols / New Hanover County • Robert Reif / Pender County • Batts Properties, Inc. / Pender County • Mark Yusko / Pender County Hello Angie: Please publish the attached Notice in the Wednesday, September 18, 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 matter. If you should have any questions, please contact me at our Wilmington office. & Customer Assistance cc: MHC Files Courtney Spears - WiRO USACE RECEIVED SEP 24 Z019 State of North Carolina I Environmental Quality I Coma] Management DCM_MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 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 September 9, 2019, Sondra Vltols proposed to install a boat lift to an existing docking facility at 8208 Bald Eagle Lane, adjacent to AIWW & Middle Sound, in Wilmington, New Hanover County, on September 3, 2019, Robert Reif proposed to replace a jailing bulkhead at 709 Hughes Rd., adjacent to Mill Creek, in Hampstead, Pender County, on September 11, 2019, Batt's Properties, Inc. proposed to install a six slip docking facility & boardwalk at 602 Roland Ave., adjacent to Topsail Sound, in Surf City, Pender County; and on August 28, 2019, Mark Yusko proposed to dredge at an existing docking facility at 116 Bridgers Ave., adjacent to Banks Channel & Topsail Sound, in Topsail Beach, Pender County. Copies of these applications can be examined or copied at the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7221 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 October 9, 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. RECEI\JED SEP 2 4 2019 DCM-MHD CITY 1003 South 17th Street • Wilmington, NC 28401 - Classified ph: 910-343-2323 • Legal ads ph: 910349-2342 - Order: _ R W002582201 Pubs: 115 L9 Phone: (910)796-7215 las 0001 $ 0.00 Account: H9813450 09/18/2019 $ 184.25 Hen $ 0.00 Name: Simpson, Shaun p 09/18/2019 Call Tanya 2 $ 184.25 Ta 23 1 71 Sc 9/181x, 9/18Ix... 09/13/2019 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 per- mits in Areas of Environmental Concern as designated under the LAMA: On September 9, 2019, Sondra Vitols proposed to install a on septemoer 3, 2p19, proposed to replace a head at 709 Hughes R to Mill Creek, in Hampst County; on September Batt's Properties, Inc. 1 install a six -sup dockin boardwalk at 602 Rolar jacent to Topsail Sound, Render County; and on 2019. Mark yusko p dredge at an existing d, ity at 116 Bridgers Ave., Banks Channel & Topsa Topsail Beach, Render ies of these application! amined or copied at the son Dail, N.C. Dept. ject modification may occur based on review and comment by the public and state and federal agen- cies. Notice of the permit decision in these matters will be provided upon written request. RFcelveD % 4 M9 Attention: Fax: D'M-MHD This is a final proof. If any information is incorrect, please contact your sales representative prior to the deadline of the first insertion. Oth- erwise your order is accepted as having been approved. 1, .. ! ri v 1 _ >•f:, A `. , { a '} � rt � G,• � r { is f cy \ '_ �7 piQt� et t0 ftnOW qq bAeiitdceea:0F Y 1 + t � h l toad 6n 7nyr betfait, fat the purpose:'ot apply(ng far and n�lairu�p 8il GI�MA permits t ��e�arY f94 the following propo88dadeYattf�ment. (tr'L in 4 ;a �:.1 Z,r.'' ♦ aM15 rt Y+ _ � ,•1- 'F,r j•r;s ,� M1 tY -, a'c�l ltf A`v r ,- j at 41Y'Pir?P6rtY located - I furtltetgrora ce #11y jhpt %airs euttiodaed to Utgnt, ,and do in fact granE•petnrlssion to Divisiol hf t aaatel lyfabegamant State the Local Pem It Qf/roel and theli agents to'enter an the ab�m�n tofred lagds PT . onnactroti, (y,ava(gatvrg rn(omtatlorariolated to stirs Petinft app(ft/art , = REc,>dVED j ,au� :a 4,°2ols ww �Ignaturo' • , S+kD>a=c i Pffntar'iyv Name _ True _Zt 3 . ►_ RECEIVED OCT 0 2 2019 This;certificatron'ts valld through MP SECTION'WIRO AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Nits &D—b �S,11 i ( - Mailing Address: Phone Number: Email Address: I certify that I have authorized 1 l o t>\i , L �tido 2 Rd fW(�YaIIJC�,�� 61(O,S4�)'6102 to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: M a'Y �? r l�l..�OR at my property located at in County. I furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: `� Signature S�eDW�I �l�s —T Print or Type Name Qwy�,r Title �1 ; / 19 Date This certification is valid through 6 i ?;[ I 19 RECEIVED JUL 24 2019 �DG n/1 "=GN WIRO FtECENED su % 4 201s CCWMHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: Address of Property: i(Qo4-6 WA14 KVQ • ( ANi UL 2,44-Y- T{�Q Q►i�O p 1,� n (Lot or St(reeet,#, Street or Road, City & County) { 1,' ' ' 1 Agent's Name #: -WQS I WCtllI J R-S Mailing Ad(drress:�jVLC�., Nu�,ti Agents phone #:'! ((�, 32q. -lRbl �I1u (' 1l Ql LSC -� I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at hg2.,Ilwww.nccoastalmanagement net/web/cm/staff listing orby calling 1-888-4RCOAST. No resnnneo is nnn�..1a.....l sw_ __�_ -- -- _ • . .. .- _ WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Prope OwnerAnformat, Sign r•e ' kr or TType lUame ' , Q e vltN Mailing Address City/State/Zip i NC Z52371(;�, &(0T I eiephcne Number/ Email Address ('Q�Phct Dane iae( Property��O/w/n�er Information) r Lam!/ rgnarure .Mf&M MOM S RECEIVED Print or Type Name 10 SOX 4Zi� SEP 2 4 2U19 Mailing Address lijyr ciN , a 2WQ - DCM-1111D CI C,ty/State/Z,p q1 p, low � ao9S RECEIVED Telephone Number/Email Address JUL 2 4 2019 �3 1� Date MINGTON, NC (Revised Aug. 2014) CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION,WAIVER FORM Name of Property Owner: Address of Property: k c Za44 - (Lot or Street #, Street or Road, City & County) Agent's Name #: mtt�a �J��(�11�5� �S Agent's phone o Mailing Address: % 1-7N,klkI 1��1Lu a o , IJC 2`8�4� I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmanagement.netlweb/cm/staff-listing or by calling 1-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION 1 understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) 4_ 1 do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pro y Owner Info mat' ) .�1,)7 TS � ,, 8 A WAS Print or Type Name U w Mailing Address tuurbY�,- City/State2ip Te'ephone Number/Email Address -- ZO --- --- - - Dwe (Riparian Property Owner information) Ctv .Signature u I T) ta` �? R i� R�C�aVEO Print or Type Name SEP 2 4 TO A &,/ 6? i o MHo C�tY Vadtno Address soRre,Ty ears City/StatelZip 9/&_3a. 8' ._ Ja—"R"—ECEIVED 01e ;hone Number / Email Address (P 1) JUL 2 4 2019 Dute - - �r NC ■ Complete items 1, 2 grid 3. - ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if soarst 1. Article Addressed to: Ad4on des cF T�sCti! Tslark A++n;wnim w,I farm � IIIIIIII�IIIilllllllll IIII IIII Ilillllllllllll 9590 9402 3305 7196 6886 17 DCM WILMINGTON u Garaged Mall Reatdcted DeliveryNo�..mr ❑ COAect on Delivery ❑ Mantlieept /ar 2. Article Numhwr ?mnerer fm,., enn.b.n rer„n n rnllwnt nn Delivery Restricted Delivery ■ Signature Conarmatbn*"' 7018 1130 0000 8464 5574 i; ResMcted peliv❑ Signature nfilabon ery PS Form 3$11, July 2015 PSN 7530-02-000-9063 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. ArtlCle Addressed to: P,N [J (nli"w Lte A*rr Alvin got" P.O. 8c< Z 9q dill IIIIIlIIII illlll 111 lllllllllll 30 9402 4356 8190 6638 85 PS Form 7018 1130 0000 8464 July 2015 PSN 7530-02-DW9053 ❑Agent Addre B. eivedppby,(Printed are) .Date f i D. Is del I(�[i�m Rem 17 Yes H YFS� ' I �ddress below: ❑ No JUL 2 4 2019 r. &A wu miNGTON, NC Hype ult Signature ❑ PdoraY Mall Express® 1,1011 ult Signature Restricted Delivery rtlaed Melt® ❑ Registered Mail" ❑ Registered Mail Reatdcted Delivery rtified Mail Restricted Delivery ❑ Return Receipt for llect on Delivery ect on Delivery*tnaad Delivery Merchandise D Signature CoMlnnetion- 5 6 0 4 ❑ signature Confirmation RestrlcteI livery Restrcted Delivery Domestic Return Receipt Dail, Jason From: Gina Polanco <gina@westonlyall.com> Sent: Wednesday, July 24, 2019 3:21 PM To: Weston Lyall; Dail, Jason Cc: surfcityseafood@gmail.com; Brock, Brendan O Subject: [External] Re: CAMA Major Permit application Attachments: 602B Roland Ave. R3 Preliminary Site Plan _07242019_151840.pdf; 1M by the Water-602B Roland Ave. R2 CAMA Sub mittal_07242019.pdf Jason, Please see attached revised site plan and cama application per your comments. Please let us know if you have any further questions or comments. Thanks. Regards, Gina Polanco, El Engineer Intern Weston Lyall, PE, PLS, PLLC 214 Hwy 17N. Suite 1 Holly Ridge, NC 28445 Phone 910-329-9961 Firm License #P-0937 Structural & Civil Engineering & Land Surveying Licensed Engineer in NC, SC, VA, MS, AL, TN On Monday, July 15, 2019, 2:44:56 PM EDT, Dail, Jason <jason.dail@ncdenr.gov> wrote: RECEIVED Good afternoon Weston, SEP 2 4 Nig DCM-MHD CITY The Division of Coastal Management's Wilmington Regional office received a revised CAMA Major Permit application from you on July 12, 2019, acting as agent for Stephen Batts, and requesting approval for development activities at the subject address. In reviewing your application, we have discovered additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: ✓l. Please revise the site plan to illustrate a 15' riparian corridor setback on the inside of Batts Properties Inc. riparian lines, not along the outside of the riparian lines. 2. On the site plan, please indicate whether the "proposed 6' dock w/ boat slips" would be fixed (elevated) or floating. Va On the site plan, please indicate whether the "proposed 15' deck" would be uncovered or covered. V'4. Please revise the site plan to show a cross -sectional (side view) drawing of the depth, elevation, and dimensions of all existing and proposed work relative to ground level. Please also note the 30' setback and 75' AEC on the cross -sectional drawing. ✓ 5. Please edit section 1 h of form MP-4 and check the appropriate boxes. ✓ 6 Please edit section 7a and 7b of form MP-4. It appears you provided the distance to adjacent docking facilities in 7a rather than 7b. Please move your answer in 7a into the 7b section and edit 7a to show the proximity of structures to adjacent riparian lines. ,�7: Please edit section 8a of form MP-4 by checking the "This section not applicable" box or by / filling out the section. 8. Please date the form MP-4 above the project name and applicant signature. 9. Lastly, and fyi.... The proposed project will likely require permitting from NCDEMLR stormwater. I suggest contacting a representative with their section to find out what, if anything, will be required for authorization. In accordance with the Department of Environment and Natural Resources regulations, we note that the partial application, as submitted on July 12, 2019, is incomplete for processing. Upon submission of the requested information, a local decision will be made in 150 days, provided this period is not extended as provided by law. Please contact me at 910-796-7221 if you have any questions Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason.Dail(&ncdenr.gov ho� Nodung Co pore% .- *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED SEP 2 4 N19 DCMVHD CITY From: Dail, Jason Sent: Wednesday, June 26, 2019 1:33 PM To: Weston Lyall <westonlyall@westonlyall.com> Cc: 'Gina Polanco' (gina@westonlyall.com) <gina@westonlyall.com>, surfcityseafood@gmail.com RECEIVED Subject: CAMA Major Permit application Good afternoon Mr. Lyall, SEP 2 4 N19 DCM-MHD CITY The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from you on June 21, 2019, acting as agent for JM Moseley, and requesting approval for development activities at the subject address. In reviewing your application, we have discovered additional information is needed to complete the review process. Accordingly, I am requesting that you submit the following additional information to this office: 1. Please provide the signed certified mail receipts (i.e. "green cards") from the two adjacent riparian property owners. 2. Please provide a current deed for the subject property. 3. Please edit section 5b of form MP-1 to include a brief description of the purpose/daily operations of the project when complete and also include the proposed 16'x 32' covered structure 4 Please edit section 5d of form MP-1 to include the proposed 16'x 32' covered shelter. 5. Please complete an MP-3 Form to address all upland development on the property. 6. Please edit section 2m of form MP-4 form to indicate that your proposed development is located within a primary nursery area (PNA). 7 Please edit section 7a and 7b of form MP-4 to indicate proposed structures' proximity to riparian lines and adjacent docking facilities. s. As proposed, you show an encroachment into the adjacent riparian corridor setback areas on both sides of the property. In addition to the signed certified mail receipts, you will also need to obtain (and provide) initialed waivers from both of the adjacent riparian property owners. 9. Please revise the site plan and include the following: approximate normal/mean high water line, Coastal Wetlands, normal low water line, existing water depths relative to normal low water, exact dimensions of all proposed structures, the 30' Coastal Shoreline buffer, 15' riparian corridor setback, 75' Area of Environmental Concern (AEC), width of the adjacent water body, near shore edge of the existing channel and distance of proposed structures to federally maintained channels. 1o. Please label each slip on the site plan drawing. 11. Please ensure all drawings are accurately drawn to an engineers scale. Any drawing(s) larger than 11" x 17" will require the submission of 27 copies. It is preferable if you are able to produce the required drawings on 11" x 17" 12. Please include a cross -sectional (side view) drawing showing: depth and elevation of existing structures and proposed work relative to existing ground level, mean low water and mean high water lines. 13, According to the information provided, Batts Properties, Inc. is listed as the applicant/landowner; however, JM Moseley is listed on the agent form as well as the signee on the MP-2 Form. If Batts Properties, Inc. is applying for the permit, Batts Properties will need to sign all of the forms and will need to authorize you (Weston Lyall) as their agent. Similarly, if JM Moseley is the property owner and the one applying for the permit, JM will need to sign all of the forms and authorize you as his agent. If JM has not yet closed on the property, but is intending to pull the permits, then we will need a signed offer to purchase agreement between Batts and JM, showing he has interest in the property. 14. The check you submitted was for $400. If no bulkhead is being proposed, the cost of the application fee for just a pier/dock with upland development would only be $250. In accordance with the Department of Environment and Natural Resources regulations, we note that the partial application, as submitted on June 21, 2019, is incomplete for processing. Upon submission of the requested information, a local decision will be made in 150 days, provided this period is not extended as provided by law. Please contact me at 910-796-7221 if you have any questions. Due to the amount of deficiencies associated with your application package, we are returning the entire contents of your submittal dated June 21, 2019. Thank you, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason.Dail(a)ncdenr. gov '?"Nothinq Compares -... 'E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED SE? 2 4 2019 DCM-MHD CITY 7/// /7o h ft WARRANTY D= Printed and for sale by Enterprise ofltea Outfitter, Wallace, N. C_-Stk. WG Prepared by: ..............._._....MOORE & BIBERSTEIN ......._.........................................,................,.................,..........»....._........,........................»..._........................ NORTH CAROLINA............ J?.Ui3,e.Z.......... _.,„....... .................County. THIS DEED, Made This.... .0.1 A...............day oi.... �t;CP.AI�l@C... ,_.... »......_....._.... ,... ......... A.D. io..7.9., by Earl G., Batts and wifef,_Inez... s... Batts oc..M............ pender ...............................county and state of ......... N."th...Caralitlu..._.._...... ....... of the first part to._....__ Batts_ Properties,,.,.Inc,,,......... __ oL... _........... 2e)M erZ............... __........ ......... county and State of ... ......... Xorth... Carolina ......... ...... _........_.._.._.... of the second part: WITNESSSTH, That said.........P.arti, .................. ............. ........ ..... ... ......»._.... ................................... _...... ....... _........ ......... _........... _.............„....................... ia consideration of Ten Dollars and other good and .valuable considerutions . )MMOC to ......... - httm.._.._.........Paid bY.._............... .... P.h...tY.... A..f.... 1ti the receipt of which Is hereby acknowledged, ha-Va.. bargained and sold. and by these presents do..__....._............. „„. grant, bargain, sell and convey to said........... arty, ofthe second na, c,,,, its., successcts XKM and assigns, a certain tract or Parcel of land in ......... TQ,Psa.0...... ..............„.......,........:0wnsbi P. ......................_... Pender county, scare of..........._North Carolina _...»_. ........_._.._._.............,....................................... ..........._........ adyne,rs u:e lands of.......„..„ ...............«......„..«.„........ .... ....................................... ............ ............. ......... ........... ....... ..... ....... ..._.. _ ..__.._..__......................... ».........,...„..w.».............. __......................... and othorg and bouada" as follows, vis.; All of our right, title, interest and estate il: .�.;' ; t: d.;. `1.Ids in Pender County, North Carolina, saving ane exceptil:4, howevar, the following described tracts or parcels of land: PARCEL NO. 1: Lots Nos. 9, 1:, 18 and 2: in Block No. H of tco 7. H. Batts :,ivisicr, according to a slap thereof duly recorded in ;x.ap 3 at Page �.) of the Fender County Registry. PARCEL '40. 2: That tract containing 8.4 acres, more or less, as described in a deed from L. O. Batts et al to Earl G. Batts arn: wife, Batts, ;'ecc,rrie.: in Book 283 at Page 422 of the Pend RECEIV9DCounty Regisl.= RECEIVED JUL 24 2019 -w SEP 2 4 2019 MV-gg_rTX)b WIRO DCM-MHD CITY -- 7//-17o Wk WARRANTY DEED! Printed and for sale by EnterpriseOff(te tutfaten, Wallace. N. C.-Stk. 505 Prepared b MOORS & BIBERSTEIN NORTH CAROLINA............. RS1. K.».».»....„.»..........»»»...»....._County. THIS DEED, Made This ... 2.9.1 ........»...».dal .......... ..... ............. .....-----.».». A.D. 19.7.4., by ......... Earl G. Batts and wife. .Inez S.. Batts Pender county and State of......._N.oxth.»Caraliaw..._.. of .._.»......»_.............. . .........». of Lhe first tartto »»»» Batts »Propertiesa,,, Inc.;»_.__»._. of ................ Render .».._.......... » ...................county and state of ... ........ Xoz.th...Carolina......... ... ... .............. - .. of the second part: WITNESSETH, That said ........ Rg ties„»Of„»the.„first...p.3.;t...................»._. ,,. ........ _..... _..................... ..........».........»..............»..»..........»......»...»..»..............».»........_......».........-......»..........»».in consideration of Ten Dollars and other good and valuable considerations »N)41(g to............ thgm.. .............. paid by. ..... ................. PAr.tx.... Of. ... t.he..AP.'Caosi...24.rt.........._.........................................I........ the receipt of which is hereby acknowledged, ha...Va.. bargained and sold, and by these presents do ........................... »... grant, bargain, sell and convey to said ........... k%drty,..Of...the. S2cOTid,.,2 arc.,... its„successors Yafss and assigns. a certain tract or parcel of land in.»_...»TO,psal..l.... ...... I ...................... .. I-. ")wnahip, Pender MM North Carolina adjom,us 0;e lands »...»». .....»...County. State of...».............................................................. .............. Of ......_._....»_..»._»_...»....._..._._.».._.»»...._.»..»»...._..»...»...»........................ ......... and others and bounded as follows. viz.: All of our right, title, intorest and estate ir. c.., _ . o 6 ",-- _. sr;ds in Pender County, North Carolina, saving and excepti;:c;, however', the following described tracts or parcels of land: PARCEL NO. 1: Lots Nos. 9, 11, 18 and 21 in Block No. H of zh,, H. Batts Division according to a map thereof duly recorded in xa :.:. 3 at Page Su of the Pender County Registry. PARCEL NO. 2: That tract containing 8.4 acres, more or less, as described in a deed from L. O. Batts et al to Earl G. Batts anc wife, Batts, reccedeci in Book 283 at Page 422 of the Pender County Regis, RECEIVED RECEIVED JUL 2 4 2019 SEP 2 4 2019 DCM WILMINGTON, NC DCM-MHD CITY PIN: 4235-80-0765-0000 RECEIVED Owner: BATT110W LAKE WILMINGTON, NO 110 W LAKE RIDGE Rf1OlX' RAEFORD, NC 28376 JUL 2 4 2019 Deed Ref: 467611079 Property Address: 602A&B ROLAND AVE Description: E1S SURF CITY BRIDGE NC 210 HWV 50 Sale Price: $35,000 Sale Date: LAST _SALE —DATE Plat: NOPLAT Account No: 58T762 Township: TOPSAIL Subdivision: Tax Codes: G01 C53 R40 Acres: 2.76 Land Value:$746.656 Building Value: $320,226 Total value: $1,066,882 Deferred Value: $0 Exempt Amount: 0 PCL Class: C Heated Sq Feet: Pender County 1:1.956 0 0.0125 0.025 0.05 nu 0 0.0225 0.046 0.09 km 1 inch = 163 feet N June 20, 2019 W*E S NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Topsail Sound Fee: $400 I%2002 CDAITS MHC cc Applicant: Batts Properties, LLC c/o Stephen Batts Agent/Contractor: Weston Lyall Project Site County: Ponder County Staff: Jason Dail District: Wilmington Project Name: JM's On The Water Rover File: n/a River Basin: White Oak Initial date of application submittal: 7-24-19 Date application "received as complete" in the Field office: Permit Authorization: KCAMA El Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes o PNA: es No Photos Taken: Yes ❑ No Setback Required (riparian): Yes []No Critical Habitat: ❑Yes @Vo ❑Not Sure 15 foot waiver obtained: Ves ❑No Hazard tification Returned: ❑Yes No SAV: ❑Yes ❑No Not Sure Shell Bottom: ❑Yes WNo ❑ Not Temporary impacts: OrYes ❑No Sure Sandbags: ❑Yes No ❑ Not Sure Did the land use c ssification come Mitigatio Required (optional): ❑Yes from county LUP: NYes []No Wo Moratorium Conditions: Environ ental Assessment Done: Length pf Shoreline: / ❑Yes *o ❑NA ❑Yes RNo ❑NA 110 FT Shellfish Area Designation: Project Description: (code) DDeev—ellopment Area: (code) Ope -or- Closed O , Z SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) El Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional LJ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Sall or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sP ) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Pdv. public or comm wl D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 lll(B) Public or commercial wl D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - C1 Il. Public or commercial/no dredge $100 and/or fill - $400 1. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $aoo DCM-MHD CITY $ pc,tv4, Date: B-28-19 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 1 Work M Yace N 0 Iy New Wo Replace Maint ❑ ❑ Y A N C I New Work Replace I Maint ❑ ❑ Y 1% N ' rr Al New Wo Replace I Ih / Maint ❑ ❑ N l V New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp im ads ad amount) tempi ads amount I ?I op Dredge ❑ Fill ❑ Both ❑ Othe Dredge Dredge ❑ Fill ❑ Both ❑ Oth I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293 :: 1-988-4RCOA8T :: www.nccoastaimanaaement.net revised: 10/12/06 Major Permit Fee Schedule Project Name: % County: Check No & Amount Development Type Fee DCM % DWQ % (14300160143510009316256253) (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 wetlands and/or open water areas, determine if A,B. C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: 111(B). Public or commercial develop e if General Water Quality Certificat Q0 ) 100%($400) 0%($0) REC No. 4175 can be applied: .•rr�� SEP 2 III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($1604�(�_t� review and written DWQ concurrence is needed because of concems 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: i w /ji [,b ► T �/ r f � l �d VED 12019 D CITY Pate Date Check From Name of Vendor Check Check Permit Rct. d Received Deposited Permit Holder Number amount Number/Comments 8/29/2019 Weston Lyall PE Batts Properties Coastal 2002 $400.00 major fee, 602 Roland Ave, Surf TP rct. PLS PLLC Inc. Bank and City PNCo NO Split 8747 Trust LU o U > W U cv � _ , 0 CP S3601931 "E 187.33' CP 15' RIPARIAN SETBACK RMLMEAN HIGH WATER LINE — (MHWL) NORMAL LOW L-3 z TI =1A ' C ., PARKS UNLIMIEDLUC DB 3935PG 321 4,-3.3' IV RIPARIAN SETBACK +3.9 10.4' + NORM LOW aw WATER LINE 4,4.0' MCW 1 IEE�y. ap IOX32 SHELTER EXISTING 8' X 12' SHED AC11ON PROPERTIES OF TOPSAIL ISLAND DB 785 PG 488 NOTES: 1. THIS PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, UNDERGROUND UTILITIES, IF ANY. 2. NO TITLE SEARCH BY SURVEYOR. 3. AREA BY COORDINATE METHOD. 4. THIS SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE AE (EL 10). COMMUNITY PANEL #3720423500-J EFFECTIVE DATE: 2-16-2007 5. REFERENCES: DB 4676, PG 1079 6. ZONE: C-1 SURF CITY SETBACKS PER TOWN: FRONT- 10% SIDE -0'. REAR - 3' 7. WATER DEPTHS BASED ON NORMAL LOW WATER. -LEGEND- SIR - 1/2' Set Iron Rod EIP - Existing Iron Pipe EIR- Existing Iron Rod EIRD - Existing Iron Rod Disturbed CP - Calculated Point RIW - Right -of -Way MBL- Minimum Building Line DB - Deed Book MB - Map Book PG - Page WM - Water Meter EB - Electrical Box PP - Existing Powerpole - Property Line Surveyed -Property Line Not Surveyed — — — — — — - Minimum Building Une EXISTING EXISTING ASPHALT PARKING N V X 27 SHED IMPERVIOUS CALCULATIONS: LOT W LOT AREA-120,942 SF (2.78 AC) EXISTING PARKING LOT - 32,715 SF LVT EXISTING BUILDINGS - 6,993 SF �j PROPOSED SHELTER; 512 SF EwsTNG TOTAL IMPERVIOUS COVERAGE: 40,220 SF (33.3%) W X 70 LOT AREA WITHIN AEC - 71,226 SF BUILDING IMPERVIOUS AREA WITHIN AEC - 4,216 SF (5.9%) PROPERTY DESCRIPTION: Z Z F9 OWNER: BATTS PROPERTIES INC p ADDRESS: Q m 110 W LAKE RIDGE RD RAEFORD NC 28376 DB 4676, PG 1079 L PIN # 4235-80-0765-0000 ROLAND AVE NORTH CAROUNA PENDER COUNTY '15"W 102.42' 1=- ,E wee - - S53°38'45"W TIE TO EIP (COMMOM CORNER OF LOT B Ra ca OF DS 1217 PG 155 & TRACT 2 OF PB 45 PG 1 1, WESTON LYALL, PROPM OOK" LAND suNYEYOIL Nu unin It i4W CENTTFY THAT THIS NAY PLAN WAS DRAWN UNDER MY BUPSIMM0N FROM AN ACTUAL Gh SURVEY YADB UNOs11 MY SUPSIMMMN AND THE POLLOWINO INFORMATION WAS USED TO PSRFORN THIS s11RYEY1 CLASS OF tURYEYI SI POSMONAL ACCURAOVe L'20 COSI TYNI OF SPIN FIELD PWOOSDIIRER VRSRTNONII DATUMI NADW M00o HAYDOM GR MODd OIfOID 031 COMBINED ONO FACTORI OASSD0s7I uNTI is US SURVEV•FEET. wish, REGISTRATION NUMBER L•44U SEAL L-4438 EXISTING BUILDING RECEIVE OCT 1 6 2019 P SECTION CHMNF MDTH IWi CHANNEL CROSSSECTION-NTS GRAPHIC SCALE IN FEET 80 30 fie 120 PRELIMINARY PLOT PLAN FOR JM/THE BISTRO LOT A & B, 602 ROLAND AVE TOPSAIL MWNSHIP PENDER COUNTY RIM OCT 16, 2018 1• . SURF CRY, NO RliMAY 14, =1S YAY 7.2015 WESTON LYALL, PE, PLS, PLLC 214 HIGHWAY 17H 811111117111111 HOLLY RIDGE, NO 206111111111 PHONED 9104094MI NRM UCEHSE /P•0®87 STRUCTURAL & CIVIL ENGINEERING & LAND SURVEYING CP S3601 W31 "E 187.33' CP T -_9 16 RIPARIAN SETBACK WATER LINE — (MHWL) 1W RIPARIAN SETBACK LU Z i 3' + 7.2' i Ed 4r3 � N V" WONE WATER 4z FINGERPIER (� (NLW) '�' "CAL) I EL".--0.1' � - I EXISTING DOCK PARKS UNLIMITED LLC DB 383SPO 321 LtL`� W W EXISTING DOCK EIPD '22'W N",—PROPOSEDUNCOVQ1m DEMIX LOCATED 1' LARDWARD OF COAS PROPOSED WETLAND LINE IO X 312 SHELTER EXISTING 6'X12, SHED PP ACT10N PROPERTIES OF TOPSAIL ISLAND DB 786 PG 489 BOSTING F. ASPHALT PARKING T LOT CNrI Yl WWW 0 CD z9 i ROLAND AVE a '15"W 102.42' 853°38'45"W EXISTING SHED EXISTING SOX 70' BUILDING TIE TO EIP (COMMOM CORNER OF LOT B OF DB 1217 PG 155 & TRACT 2 OF PB 45 PG 1 EXISTING BUILDING NOTES: 1. THIS PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, UNDERGROUND UTILITIES, IF ANY. 2. NO TITLE SEARCH BY SURVEYOR. 3. AREA BY COORDINATE METHOD. 4. THIS SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE AE (EL 10). COMMUNITY PANEL #3720423500-J EFFECTIVE DATE: 2-16-2007 5. REFERENCES: DB 4676, PG 1079 6. ZONE: C-1 SURF CITY SETBACKS PER TOWN: FRONT-10',SIDE-Y, REAR -3' 7. WATER DEPTHS BASED ON NORMAL LOW WATER. -LEGEND- SIR - 1/2' Set Iron Rod EIP - Existing Iron Pipe EIR- Existing Iron Rod EIRD - Existing Iron Rod Disturbed CP - Calculated Point RIW - Rightrof-Way, MBL- Minimum Building Una DB - Dead Book MB - Map Book PG - Page WM - Water Meter EB - Electrical Box PP - Existing Powerpole -Property Line Surveyed — - Property Una Not Surveyed — — — — — — - Minimum Building Una LOT AREA - 120.942 SF (2.78 AC) EXISTING PARKING LOT - 32,715 SF EXISTING BUILDINGS - 6,993 SF PROPOSED SHELTER -612 SF TOTAL IMPERVIOUS COVERAGE: 40,220 SF (33.3%) LOT AREA WITHIN AEC - 71,226 SF IMPERVIOUS AREA WITHIN AEC - 4,216 SF (5.9%) PROPERTY DESCRIPTION: OWNER: BATTS PROPERTIES INC ADDRESS: 110 W LAKE RIDGE RD RAEFORD NC 28376 DB 4676, PG 1079 PIN # 4235-80-0765-0000 Cw NELWIDTH Pant NOKM CA IOVNA Ex STINn CNANNE �' L+ ozR COUMTY 1, WESTON LVALL, PROPEBOHM L LAMP SURVEYOR CHANNEL CROSS-SECTION- NTS NUMBER L 43% CWMFV THAT THIS PLOT PLAN WAS GRAPHIC SCALE IN FEET so 30 0 60 120 DR&" UNSWI MY SUPERVO NI PROM AN ACTUAL BPS SURVEY MADE UNS MY SUPTDXMON AND TAT: FOLLOWLNS INFORMAT10H WAS USED TO PUMOM UMWi RECEIVED PMMOMUn MMMMI ON IBM w OP ®p PRELIMINARY PLOT PLAN FOR FATTY PRANDOM O I TNWITNSP 011010 MI 031 CO ' '.ROOT', NAVSSBI aS10Y MMTLL+ SEOIS MI I:oY®IMTW J M/TH E BISTRO OMD FACrCRI GABMG" UN11SI US SURVEY MET. OCT 1 6 2019 ,,,�11anm°hq1j� (N OARp a, `Q LOT A & B, 602 ROUND AVE R10: OCT 16 2019 TOPSAIL TOWNSHIP PENDER COUNTY ••n. �j4i ••• Q �FESB/a' $a 2 '� SECTION RIIYAY 141, SOTS I I'm SO' SURF CITY, NC MAYT,Yl019 ItIC � # = WESTON LYALL, PE, PLS, PLLC 8 Q SUIT! 7S 274 Y 7TN tit9'YO RD R. I • ���s4 HOLLY NC WEISTOk L ALL f •••.... PHONEe lR& N40q}�`�• REGISTRATION NUMBER L•V911 STRUCTURAL & CIVIL ENGINEERING &LAND SURVEYING CP S360IW31"E 187.33' CP I& RIPARIAN I & RIPARIAN SETBACK SETBACK APPRWLli HMH a I WATER LINE �.. , (MHWL) ' NORMN.LOW �♦ WATER LINE I (MLwn i'1 i5 N� 6.2 63 4 �.' I Q Z z I 10.4' ' NORMAL LOW; 81(7' WATERLINE ' -4.0' FINGER PIER MCP4 PNLVIO ElEV.-41', I' i EXISTING SUP SUP �LI Pa P4 SU #9'5 DOCK SUPS8 p -3.2'+ Nrnn m?.39.1Y�_ PR0I EXISTING DOCK _ I _-BUILDING.-� EIPD PARKS UNUMREDLLC DB 3935M 321 0 NORTH CANNOUNA PiNDER COUNTY 111i SHELTER PROPOSED UNCOVERED DEMM BE LOCATED 1' IAROWARD OF OOASTAL WETLAND UNE , EXISTING S' X 12' SHED ACTION PROPERTIES OF TOPSAIL ISLAND OB 765 PG 489 +:31L NOTES: 1. THIS PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, UNDERGROUND UTILITIES, IF ANY. 2. NO TITLE SEARCH BY SURVEYOR. 3. AREA BY COORDINATE METHOD. 4. THIS SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE AE (EL 10). COMMUNITY PANEL #3720-423500J EFFECTIVE DATE: 2-16-2007 5. REFERENCES: DB 4676, PG 1079 6. ZONE: C-1 SURF CITY SETBACKS PER TOWN: FRONT-10',SIDE-V, REAR -V 7. WATER DEPTHS BASED ON NORMAL LOW WATER. -LEGEND- SIR -1 /2" Set Iron Rod EIP - Existing Iron Pipe EIR- Existing Iron Rod EIRD - Existing Iron Rod Disturbed CP - Calculated Point RJW - Right -of -Way MBL - Minimum Building Une DB - Deed Book MB - Map Book PG - Page WM - Water Meter EB - Electrical Box PP - Existing Powerpole - Property Une Surveyed - Property Line Not Surveyed — — — — — - Minimum Building Une EXISTING EXISTING ASPHALT r IMPERVIOUS CALCULATIONS: PARKING cmSHED SHED LOT l7 LOT AREA - 120,942 SF (2.78 AC) EXISTING PARKING LOT -32,715 SF EXISTING BUILDINGS - 6,993 SF S PROPOSED SHELTER - 612 SF EXSTING TOTAL IMPERVIOUS COVERAGE: 40,220 SF (33.3%) W X 70` LOT AREA WITHIN AEC - 71,226 SF BUILDING IMPERVIOUS AREA WITHIN AEC - 4,216 SF (5.9%) CD Z Z PROPERTY DESCRIPTION: 99 OWNER: BATTS PROPERTIES INC ADDRESS: 85 IM 110 W LAKE RIDGE RD RAEFORD NC 28376 DB 4676, PG 1079 f•.P PIN # 4235-80-0765-0000 N36"21'15°W 102.42' ' -,r SWW'45"W TIE TO EIP (COMMON CORNER OF LOT B 8.5W OF DB 1217 PG 155 & TRACT 2 OF PIS 45 PG 1 ROLAND AVE 16 WESTOM LYALL, PROFYSNNIAL LAM SURVSYON NUN ORI L•4 a% CERTIFY THAT THIS PLOT PLAN WAS DRAWN UNDER MY SUP® ON PROM AN ACTUAL GPO SURVEY MADE UNDER MY SUPERVISIDN AND THE FOLLOWING INFORMATION WAS USED TO PERFORM THE CLASS OF $URA YI Rl POSMONAL ACCURACY NO RM% TYPR OF GPS FIELD PROCNmUREI VIISRIvAlim DATUW NAGm .`ROOT, HANDGOI GOOD YODEU GRIND Dal CONSINED GRID FACTIM OADSDOS71 UNITtt US SUIIYp1l_PEET. �01A5/9 - f SEAL i, L-4438 REGISTRATION NUMBER L•4438 EX STING BUILDING 6� z CMNNELMDnI Mt CHANNEL CROSS-SECTION- NITS GRAPHIC SCALE IN FEET 60 30 0 60 120 RECEIVED PRELIMINARY PLOT PLAN FOR JM/THE BISTRO OCT 1 6 2019 LOT A & B. SM ROLAND AVE 0: O TOPSAIL TOWNSHIP FENDER COUNTY R1 R1O:OCT 15, 2019 14, 2019 SCREEN is ® w SURF CITY, NO MAY 7, =19 P SECTION M WESTON LYALL, PE, My PLLC 214 HIGHWAY 17N GUFM 1 HOLLY RIDGE, NO 20445 PHONEcI1111104111211111141111111111 FIMUCENSE0111111141119M STRUCTURAL & CML ENGINEERING & LAND SURVEYING CP LU wit dL'' to Z PARKS UNLIMITED LLC DB 3935PG 321 S36019'31 "E 187.33' 16RIPARIAN —�- 15' RIPARUW SETBACK SETBACK � I I � AL'PROXMEAN HIGH WATER LINE NORMALLOW WATERLINE ?'1 (MLW) ELEV,-1r. �, I -- $5.2' d +-3.9' I j10.4' I NORMAL LAWS vxr WATER UNE i-a.a MOO PIER, Et".. I + 4.9' JP t SUP 2 I1d18LJP 3 (I SUP 4 n +cl IP ATI Rtll M LU N U W U LU � Lu � EXISTING El7PD PROPOSED UNCOYEFED DECK To -�-g I f LOCATED OF COASTAL WETIAND LINE _ EXISTING vXlz I ■SHED EXISTING ASPHALT PAWING LOT ACTION PROPERTIES OF TOPSAIL ISLAND DB WM PG 409 EXISTING VX22 SHED EXISTING BO' X AY BUILDING NOTES: 1. THIS PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, UNDERGROUND UTILITIES, IF ANY. 2, NO TITLE SEARCH BY SURVEYOR. 3. AREA BY COORDINATE METHOD. 4. THIS SUBJECT PROPERTY IS LOCATED IN FLOOD ZONE AE (EL 10). COMMUNITY PANEL f3720-423500-J EFFECTIVE DATE: 2-16-2007 5. REFERENCES: DB 4676, PG 1079 6. ZONE: C-1 SURF CITY SETBACKS PER TOWN: FRONT - 10', SIDE - 0% REAR -T 7. WATER DEPTHS BASED ON NORMAL LOW WATER. 8. NO COASTAL WETLANDS EXIST ON THIS PROPERTY. -LEGEND- SIR - 1/2' Set Iron Rod EIP - Existing Iron Pipe EIR• Existing Iron Rod ORD - Existing Iron Rod Disturbed CP - Calculated Point RW - Rignt-ot-Way MBL - Minimum Building Una DB - DOW Book MO - Map Book PG - Page WM - Water Meter E8 - Electrical Box PP Existing Pawerpole Property Line Surveyed -- - Property Una Not Surveyed — -- — — — — - Minimum Building Line IMPERVIOUS LOT ARFA - 120,842 SF (2.78 AC) EXISTING PARKING LOT - 32.700 SF EXISTING BUILDINGS - 16.100 SF PROP06ED SHELTER 512 SF TOTAL IMPERVIOUS COVERAGE: 49,302 SF 440.8%) LOT AREA WITHIN AEC . 01,879 SF IMPERVIOUS AREA WITHIN AEC - 100 SF (1.7%) PROPERTY DESCRIPTION: OWNER. BATTS PROPERTIES INC ADDRESS; 110 W LAKE RIDGE RD RAEFORD NC 28376 OB 4676. PG 1079 PIN p 4236-80-076.5-0000 N38°21'15"W 102.42 — — — 4W.9I - - SWW'45"W TIE TO EIP (COMMOM CORNER OF LOT B 8.59 OF OB 1217 PO 155 & TRACT 2 OF PS 45 PG 1 ROLAND AVE 3 ja ExISTING crwwef wotH Iav: o,RRRNG 4 0 I °�® .1R N lam. HChMLIQY W. R .f y- MOM OAROMNA, CHANNEL CROSS-SECTION- NTS 4 W� M LYALL, 111 R 10KAL LAID SUMMMM NUIOOI "430, OPY THAT THM ROT PLAN WAARC G•�'` GRAPHIC SCALE IN FEETRTI t]0 DRAWN pM01 MY SUPRVI"M MM AN ACTUAL 1'(G 80 30 Op =Xr4 7 WOE ILNOR rT wRY1SION AND TIM !OL{AWLMO NNOI 11`11 NI WAS also TO Z019 1 l P� M sl EMI GLAn of SUMUl 14 SEP PogmomAL Aoou wn Soo RRNq Trym or on PREUMINART PLOT PLAN FOR FlsaR�vlaRrlw..IOATUYINAoa INGION,t4c JM/THE BISTRO yoor, NAvs% OEMroom oIEaD OBI W I LM OIR FACTOM O.NMM71 UNrM US,,+-Twvc;,4 LOT A & B, BOf2 ROLAND AVE r T 11. 201 � ESS�/jy4 t� TOPSAIL TOWNSHIP PENDER COUNTY _ 4,21101 SURF CITY, NC 111why 1, 2 QP �p ' SCALEv 1" x, W Ml �8 } = WESTON LYALLs PE9 PLSy PLLC t'o�SUR`��Of • 214 NNII&MAY I7M sump ...... IIOUY woos, NO swu WE&TON ItYALL q,ON,i 4sP'�` REGISTRATION N rsER L-4438 PHOM fti�FIRM 0.1 MOON OF00l7 STRUCTURAL & CML ENGINEERING & LAND SURVEYING