HomeMy WebLinkAbout42-19 Bayshore 5 Waterfront Owners Group Inclvv
Pai-m3t Class
FW
Permit Number
42-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V erm t t
JON ? 5 7019
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS.113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Bayshore 5 Waterfront Owners Group Inc., 922 Bayshore Drive, Wilmington, NC 28409
Authorizing development in New Hanover County at adi. to Pages Creek, at 916 Bayshore Drive,
Wilmington, as requested in the permittee's application dated O1/29/19, including attached workplan
drawings (5), Sheets 1 of 5 and 4 of 5 dated 02/15/19, Sheet 2 of 5 dated 01/30/19, and Sheet 1 of 3 dated O1/28/19.
This permit, issued on June 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
be subject to tines, imprisonment or civil action; or may cause the permit to be null and void.
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)
Phis permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to. Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires. further Division approval.
All work must cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
rW— Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Bayshore 5 Waterfront Owners Group Inc. Permit No. 42-19
Page 2 of 3
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier 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.
4) 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.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) This permit authorizes a maximum of five (5) formalized boat slips.
7) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established pierhead line as depicted on Sheet 1 of 3. To ensure.
compliance with this condition as As -Built Survey shall be completed of the docking facility and copies
of the survey provided to the Division of Coastal Management, within 60 days of completion of
construction.
8) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access, which is detertnined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
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) 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 httm://www.fws.gov/ne-es/manvnaVmanatee auidelines.pdf.
General
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
12) 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.
3ayshore 5 Waterfront Owners Group Inc. Permit No. 42-19
- n Page 3 of 3
ADDITIONAL CONDITIONS
13) 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.
14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not convey any rights, either in real estate or material. The attached workplan
drawings depict a deed line extending waterward of normal high water. The permittee is advised
that the State of North Carolina claims title to most lands falling below the normal high water.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2019-
00296).
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2019-
0389.
NOTE: An application processing fee of $250 was received by DCM for this project.
End PIN/Comment Deadline: U/11114;
30 Day Comment Period: 311 y/q
5/2/I1- f tAv W
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RECEIVED
JUN 2 5 2019
DCM-MHD CITY
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 30, 2019
Regulatory Division
Action ID No. SAW-2019-00296 and State Permit No. 42-19
Bayshore 5 Waterfront Owners Group, Inc.
Mr. Miguel Echavaria
922 Bayshore Drive
Wilmington, North Carolina 28409
Dear Mr. Echavaria:
Reference your application for a Department of the Army permit to reconstruct and expand
an existing docking facility in waters adjacent to Pages Creek, located at 916 Bayshore Drive, in
Wilmington, New Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2021.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, telephone 910-251-4049.
Sincerely, RECEIVED
pUG 3.0 2019
Liz Hair DCM WILMINGTON, NC
Regulatory Project Manager
-2-
Enclosures:
Plans
CAMA permit
GP 291 permit
Manatee Guidelines
Electronic Copies Furnished (without enclosures):
Mr. Fritz Rohde; NMFS-HCD
Dr. Pace Wilbur; NMFS-HCD
Ms. Twyla Cheatwood; NMFS-HCD
Mr. Doug Huggett; NCDEQ-DCM
Ms. Karen Higgins; NCDEQ-DWR
Mr. Pete Benjamin; USFWS
Mr. John Ellis; USFWS
Mr. Todd Allen Bowers; USEPA
BOSN4 Ryan Taylor; USCG
Mr. Chad Coburn; NCDEQ-DWR
Mr. Courtney Spears; NCDEQ-DCM
Ms. Patrick Amico; NCDEQ-DCM
RECEIVED
AUG 302M
DCM W1LMINGTON, NC
Xl
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Miguel Echavaria
PROJECT NAME: Echavaria Docking Facility
COUNTY tJLW "aVPYLY
LOCATION OF PROJECT: 916 Bayshore Drive, adjacent to Pages Creek
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-11-19
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded: N/A
FIELD REPRESENTATIVE: Wilson „ DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250 #6508
APPLICATION ASSIGNED TO: Spears
PUBLIC NOTICE RECD: 3-29-19 END OF NOTICE DATE: 4-19-19
ADJ. RIP. PROP NOTICES RECD:
C) 75 DAY DEADLINE: 5-25-19
HOLDS:
MAIL OUT DATE: 3-20-19
PERMIT FINAL ACTION: ISSUES ICJ (4 DENY
DEED RECD: Yes
150 DAY DEADLINE: 0 00
STATE DUE DATE: 4-19-19
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM —,Field Rep
Local Permit Officer DCM
DCM — LUP Consistency Determination
c
5�3
WY1 S1 Sk
Rural Development Division
4
DEMLR— Stormwater & Sed/Erosion
DWR-401
3
dA.OI til tU .
DOA — State Property Office
DMF — Shellfish Section
L4/ 1
'(
NCDOT
DMF — Habitat & Enhancement
y 1p
DWR—Public Water Supply
RECEdV€D-
USACE — Regulatory
2�
DNCR — Archives & History
���f'
DNCR— NaturalHeritageProgram
5 'j "1
DCM-MHD CITY
WRC — Wildlife Resources Commission
t0wloi
—f—ItH
fa~ 91WF
Mnc
Spears, Courtney
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Friday, June 7, 2019 12:44 PM
To: Spears, Courtney
Subject: [External] RE: Echavaria - 916 Bayshore
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.Spam@nc.gov<mai Ito: report.spam @ nc.gov>
Hey -I think I am still waiting for comments from FWS. Pretty sure that our conditions will be the standard PGP 291
conditions and Manatee Guidelines. I'm getting ready to leave the office in about 30 minutes, so I probably won't get the
letter out until next week. Let me know if I need to send it to someone else in your group while you are on leave.
Thanks!
Liz
-----Original Message -----
From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov]
Sent: Thursday, June 6, 2019 7:48 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Subject: [Non-DoD Source] Echavaria - 916 Bayshore
Hey Liz,
Any chance this one will get out this week? The contractor calls nearly every day to ask me, and I will be out on leave all
next week so thought I'd check in. Thanks!
Courtney
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
ROY COOPER NORTH CAROLINA
Governor EnyhanmadOQuallty
MICHAEL 8. REGAN
Secretary
BRAXTON C. DAVIS
Dhwtor
SENT VIA EMAIL
May 28, 2019
Logan Marine, LLC
c/o David Logan
david@loganmarine.com
Dear Sir:
This letter is in reference to your application for a Coastal Area Management Act Major
Permit on behalf of Miguel Echavaria to undertake development activities adjacent to their
property at 922 Bayshore Drive, in Wilmington, New Hanover County.
Although processing of the application is nearing completion, additional time is needed for
this office to complete the review and make a decision on your request Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by
G.S. 113A-122(c) which would make August 8, 2019, the new deadline for reaching a
decision on your request However, we expect to take action prior to that time and will do
so as soon as possible. In the interim, should you have any question on the status of your
application, do not hesitate to contact me by phone (910-796-7426) or e-mail
(courtney.spears@ncdenr.gov).
nc ely,
Courtney,
Assistant
cc: WiRO file
MHC file
Liz Hair, USACE, email cc
Chad Coburn, DWR, email cc
Permits Coordinator
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
North Carolina Department of Environmental Qwltty I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2W5
910.796.7215
Spears, Courtney
From: J. David Logan <david@loganmarine.com>
Sent: Tuesday, June 4, 2019 8:25 AM
To: Spears, Courtney
Subject: [External] Re: Echavaria pier
Yes we can just turn it parallel to the red line no problem
David Logan
LoaanMarine.com
910-367-1348
On Jun 4, 2019, at 8:20 AM, Spears, Courtney <courtnev.spears@ncdenr.aov> wrote:
Hi David,
During the major permits section review of the Echavaria project, we have found that the pier as
proposed does not appear to fully meet the established pier head alignment. Please see the attachment
which highlights the area of the floating docks/lifts that extend beyond the limit allowed by our rules. Is
there a way to reconfigure this area? Please call with any questions.
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtnev. spearsCEDncden r. aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
<Echavaria - pier head line.pdfl
RF-ceNSD
JUN 2 5 W9
DCM-mvio ary
MKS
6/7/2019 North Carolina Secretary of State Search Results
• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
Non -Profit Corporation
Legal Name
Bayshore 5 Waterfront Owners Group, Inc.
Information
Sosld: 1079993
Status: Current -Active
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 1/16/2009
Registered Agent: Fogleman, David
Addresses
Mailing
918 Bayshore Drive
Wilmington, NC 28411
Principal Office
918 Bayshore Drive
Wilmington, NC 28411
Reg Office
918 Bayshore Drive
Wilmington, NC 28411
Reg Mailing
918 Bayshore Drive
Wilmington, NC 28411
RECEIVED
JUN 2 5 2019
DCM-MHD CITY
https://w .sosnc.gov/online_services/search/Business_Registration—Results 1/1
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PID: R037174OW 14M
MAPID: 316912.75.7641.000
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BAYSHORE 5 WATERFRONT OWNERS
918 BAYSHORE DR
WILMINGTON. NC 28411
Desorption
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Municipal Ana: FD
Acres: 0.49
Zoning: R•15
Class: RES
Sq Ft Living: 0
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ECHAVARRIA MIGUEL A
922 BAYSHORE DR
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WILMINGTON, NC 28411
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JUN 2 5 2019
DCM-MHD CITY
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PID: R03717-003406000
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BORIAND KATHRYN T
129 POINT DR
WILMINGTON, NC 29411
9 39i
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LT 192 BAYSHORE EST SECS
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Amu 0.73
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Sq Ft Lying: 2020
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RECEIVED
2 5 2019
-MHD CITY
NC Division of Coastal Management AEC: Bradley Creek
Fee: $250 #6508
Major Permit Application Computer Sheet 74b' CDAITS � MHC cc
Applicant: Echavaria, Miguel
Agent/Contractor: Logan Marine, LLC
Project Site County: New Hanover
Staff: Debbie Wilson
District: Wilmington
Project Name: Echavaria Docking Facility
Rover File: n/a
River Basin: Cape Fear
Initial date of application submittal: 2-15-19
Date application "received as complete" in the Field office: -�7 11
Permit Authorization: MA ❑ Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: " Yes o PNA: OYes No
Photos Taken: Yes ❑ No
Setback Required (riparian): ❑Yes No
Critical Habitat: LjYes Not Sure
15 foot waiver obtained: ❑Yes
Hazard Notification Returned:_, /
[-]Yes [-]No
SAV: ❑Yes VWs, ❑Not Sure
Shell Bottom: ❑Yes ❑ Not
Temporary Impacts: []Yes ❑No
Sure
Sandbags: ❑Yes ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP:PA14s ❑No
❑Yes AZNo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes ❑NA
[]Yes❑No 4
- FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- se
J. S 9��
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
gh Quality Waters (HQW) D Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
El (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cwrdgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp )
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
0 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
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
RECEIVED
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
El III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
APR p 2 2019
DWQ agreement - $400
DCM-MHD L;11 T
Echavaria, Miguel
Date: 02-15-19
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Work
Replace
Maint ❑
❑ Y ❑ N
New Worl&R
Replace
r
Maint ❑
❑ Y ❑ N
n
!/
S
New Work
Replace
P
/
Maint ❑
Ely ON
/3
3
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
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 impacts)
im actamount)
temp impacts)
amount
Vy
Dredge ❑ Fill ❑ Both ❑ Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
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 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 02/26118
m�v
Major Permit Fee Schedule
Project Name:
1 oa611 N /Mioutl
County: y
�(�1AvClvtl'ti I " �I
Check No & Amount:
-->� 0U 0(4 a v
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
-
that does not involve the filling or
$250
°
100 /o ($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
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
-
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
APR 0 2 2019
DCM-MHD CITY
W,.
Date Date
Check From
Name of
Vendor
Check
Check
Received Deposited
Permit Holder
Number
amount
2/25/2019 Logan Marine, LLC
Miguel Echavaria
Corning
65m
$250.00
major fee, 916 Bayshore Drive, TP rct.
Wilmington NHCo NO Split
RECOMMENDATIONS FOR: Miruel Echavaria/916 Bayshore Docking Facilitv March 25. 2019
The total platform/shading area was calculated as follows:
Shoreline length = 233 ft. x 8 ft. =1,864 sq. ft. allowable
Previously permitted platform = 16' x 18' = 288 sq. ft. (reduced from 16' x 22')
Elevated fixed finger piers = 6 ft. x 27 ft. = 162 sq. ft. x 2 = 324 sq. ft.
Floating finger docks = 6' x 20' = 120' sq. ft. x 4 = 480 sq. ft.
Total =1,092 sq. ft.
It appears the project is consistent with the use standards set forth in NCAC 07H .0208(bx6), including
the '%4 width rule, the eight -square foot rule and the pier width rule. The proposed structures would be
located entirely over open water. This office has no objection to the proposed work. If the project is
determined to be consistent with NCAC 07H .0208(b)(6), it is recommended that any permit issued
should include the following conditions:
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 structures,
whether floating or stationary, may become a permanent part of the structure without permit
modification. No non -water dependent uses of structures may be conducted on, in, or over public
trust waters without permit modification.
2. No attempt will 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.
3. The authorized structure and associated activity must not cause an unacceptable interference with
navigation and shall not exceed the established pierhead line.
4. 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.
5. In order to protect water quality, runoff from the construction must not visibly increase the
amount of suspended sediments in adjacent waters.
7. The permittee will 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 project without having the permit transferred to a third -party.
8. This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorization which may be required.
RECEIVED
APR 0 2 Z019
DCM-MHD CITY
0
NORTH CAROLINA
Environmental Oualitj
March 26, 2019
Advertising@starnewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice in New Hanover County
• Miguel Echavaria
Hello Angie: Please publish the attached Notice in the Friday, March 29, 2019 issue.
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Dimino ofCoaatal Mon Bement
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 Debbie Wilson at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7266. Paying by credit card to the
attention of Jarimy Springer, (Ref acct # 796-7215).
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.
Support & Customer Assistance
cc: MHC file
Courtney Spears - WiRO
Liz Hair - USACE
RECEIVED
APR 0 2 2019
State of North Carolina I Environmental Quality I Coastal 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 application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On March]], 2019 Miguel Echavaria proposed to reconstruct
and expand an existing docking facility at 916 Bayshore Dr., adjacent to Pages Creek in Wilmington,
New Hanover County. A copy of the application can be examined or copied at the office of Debbie Wilson,
N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,
Wilmington, NC 28405, (910-796-7266) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to April 19, 2019 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.
RECEIVED
APR 0 2 2019
DCM-MHD CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Miguel Echavaria
2. LOCATION OF PROJECT SITE: 916 Bayshore Drive adjacent to Pages Creek, in
Wilmington, New Hanover County.
Photo Index — 2006: 23-7395, K-L, 6-7
Latitude:34°16'S2.45"N Longitude:77°46'57.60"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 3/6/19
Applicant Present — No, Agent - Yes
5. PROCESSING PROCEDURE: Application Received — 2/15/19, 3/11/19 (Complete)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Resource Protection
(B) AEC(s) Involved: PT, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Community
(E) Wastewater Treatment: Existing - Municipal
Planned - N/A
(F) Type of Structures: Existing - Community docking facility
Planned — Reconstruction and expansion of community
docking facility
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
nRFnc.pn FII I Fn C)THFR
(A) Vegetated Wetlands (Low Marsh)
(B) Non -Vegetated Wetlands
(Open water)
2,126 sq. ft.
(C) Other (Highground)
(D) Total Area Disturbed: 2,126 sq. ft. (0.05 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA, HQW Open: No
8. PROJECT SUMMARY: The applicant proposes to reconstruct and expand the existing
community docking facility.
RECEIVED
APR 0 2 2019
DCM-MHD CITY
Miguel Echavaria
Page 2 of 3
9. PROJECT DESCRIPTION:
The project site is located at 916 Bayshore Drive, adjacent to Pages Creek, near Wilmington, in
New Hanover County. To locate the property from the Wilmington Regional Office, turn right
onto Market Street and travel approx. 3.36 miles to the entrance of Bayshore Estates / Bayshore
Drive. Turn right onto Bayshore Dr. and travel approx. 0.77 miles and Bayshore Dr. veers to the
left, travel approx. 1.11 miles. The community docking facility is located on common property
behind 918, 922 & 926 Bayshore Drive and 133 & 129 Point Drive. Access can be. gained by
walking through the yard at 922 Bayshore (Miguel Echavaria's property).
The community docking facility is maintained on common area for 5 property owners (David
Fogelman, 918 Bayshore Dr.; Miguel Echavaria, 922 Bayshore Dr.; Michael Hegarty, 926
Bayshore Dr.; Robert Hammersley, 133 Point Dr. and Kathryn Boreland, 129 Point Dr.) with
single-family residential lots that comprise of approx. 16.5 acres with a combined shoreline
frontage approximately 233'. The common area is comprised of approx. 0.49 acres with approx.
121' of shoreline. The elevation of the common area ranges from 2' to 7' above normal high
water and is stabilized by vegetation. The high ground portion of the common area consists of
maintained grasses, shrubs and trees. This area transitions to a low marsh area of Smooth
Cordgrass (Spartina alterniora) varying in width from approximately 33' to 130'.
The original docking facility was mostly destroyed by Hurricane Florence and based on aerial
photography appears to have been constructed prior to 1993. On 2/5/19 CAMA General Permit
#72817-D was issued for the installation of a new pier measuring approx. 6' in width by 166' in
length terminating in an elevated fixed platform measuring approx. 16' in width by 22' in length.
No slips were authorized by this General Permit. The new pier was shown to be shifted slightly
(approx. 5') westward of the original structure. This new CAMA Major Permit proposal would be
an addition the previously authorized pier and platform.
The New Hanover County Land Use Plan classifies adjacent waters as Resource Protection, and
the adjacent high ground portion of the project area as Residential. The waters of Pages Creek are
classified SA, HQW by the Division of Water Resources. They Are designated as a Primary
Nursery Area by the N.C. Division of Marine Fisheries and they are Closed to the harvest of
shellfish.
10. PROPOSED PROJECT:
The applicant proposes to reconstruct and expand the existing community facility. As proposed,
the previously authorized (under CAMA GP #72817-D) elevated, fixed platform measuring 16'
wide by 22' long "t-head" platform would be reduced to 16' wide by 18' long. Extending from
this platform (one on the southeast side and one on from the southwest side) would be two 6'
wide by 18' long elevated fixed finger piers. Extending in a southerly direction would be four
ramps/gangways (1 extending from each end and 2 from the middle) which would lead to four
proposed floating docks, each measuring approx. 6' in width by 20' in length extending
perpendicular to the channel. Located on each side of the proposed floating docks would be 5
boatlifts, each measuring approx. 13' by 13' resulting in a 5-slip docking facility (see Sheet 3 of
5). Existing water depths range from approx. -2' to -3' @ NLW within the proposed slip areas.
As proposed, the docking facility would not encroach into neither of the adjacent riparian
property owners 15' setback nor into the channel (see Sheets 3 & 4 of 5). RECEIVED
APR 0 2 Z019
DCM-MHD CITY
Miguel Echavaria
Page 3 of 3
11. ANTICIPATED IMPACTS:
The proposed expansion of the community facility would incorporate a total of approximately
3,160 ft of Estuarine Waters and Public Trust Area, 1,034 ft2 of which was usurped by the
previously existing facility which was destroyed by Hurricane Florence, so approx. 2,126 ftZ of
additional Estuarine Waters and Public Trust Area would be incorporated. The proposed docking
facility would not encroach into neither of the adjacent 15' riparian corridor setback areas nor
encroach into the adjacent channel. The facility would provide dockage for 5 vessels in water
depths ranging from -2' to -3 @ NLW. Minor increases in turbidity can be expected during
construction of the proposed structures.
Submitted by: Debra D. Wilson Date: 3/25/19 Office: Wilmington
RECEIVED
APR 0 2 2019
DCM-MHD CITY
Project Narrative
NC Division of Coastal Management
127 Cardinal Drive
Wilmington, NC 28405
Reference: 916 Bayshore Dr Docking Facility
To whom it may concern:
Logan Marine, LLC
2709 Shandy Lane
Wilmington, NC 28409
NC Contractors License # 74511
david@loganmarine.com
910-367-1348
The referenced property is a common area with deeded riparian rights appropriatted to 5
adjacent owners whose names are: David Fogleman, Miguel Echavaria, Michael Hegarty, Robert
Hammersley and Kathryn Boreland. Mr. Echavaria has been elected by the other owners to
represent all five owners. Said owners have obtained a General Permit #72817 for the erection
of a new pier and platform, as is indicated on the enclosed drawings as Previously Authorized
Work. No work has commenced as of the date of this letter, but is scheduled to begin in early
March 2019. The owners wish to modify GP #72817 to provide boat slips for all 5 owners. The
proposed facility will include a fixed platform, 4 floating docks and 5 boat lifts, shown on
drawings as Proposed Docking Facility.
Work Plan Drawing Index (5 pages):
P. 1 Existing Conditions (Delapitated pier & dock, destroyed by hurricane Florence)
P. 2 Previously Authorized Work under GP #72817
P. 3 Proposed Docking Facility. (Previously authorized work shown in bubble)
P. 4 Side Section of entire facility
P. 5 Vicinity Map
Should you have any questions regarding this project, please contact David Logan as shown
below or Debbie Wilson with the NC Division of Coastal Management at 910-796-7266 or email
debra.wilson@ncdenr.gov
'hank you for your time and attention to this proposal.
Best Regards,
David Logan
Authorized Agent
david(n)loganmarine.com
910-367-1348
2/15/2019
RECEIVED
APR 02 2019
DCM-MHD CITY
RECEIVED
FEB 15 2019
DCM WILMINGTON, NC
DO MP 1 Arl
APPLICATION for
Major Development Permit APR 02 Z019
DCM-MHD CITY
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable) (n�
' Ind
Applicant 1: First Name
MI
Last Name
Applicant 2: First Name
MI
Last Name
if additional applicants, please attach an additional page(s) with names listed.
Mailing Address
22 (3 0 M
PO Box
City
w\X-An 1N(LN%%A
State
tJ C,
ZIP
-"Li � I
Country
US
Phone
1�
No.
e61 - oL%3 ext.
FAX No.
- -
Street Address (if different from above)
City
State 7IP-
Email
k A14M . C,6y^
2. Agent/Contractor Information
Business Name
Logan Marine, LLC
Agent/ Contractor 1: First Name
MI
Last Name
David
Logan
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
2709 Shandy Ln
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28409
91Q-367-1.348 ext.
ext.
FAX No.
Contractor #
Email Please
74511
Street Address (if different from above)
City
State
ZIP
Same
Email
david@loganmarine.com
<Form continues on back> RECEIVED
FFR 15 2nto
252.808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net
DCM WILMINGTON, NC
RECEIVED
Form DCM MP-1 (Page 2 of 4) APPLICATION for
I r R 0 2 Z019 Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. 0
Subdivision Name
city
state
Zip
tJJ AA t n(Z-)'�rN
N C.
ZSq 1 1
Phone No.
Lot No.(s) (if many, attach additional page with list)
ext.
1116. 1010 Q lq 1 2
a. In which NC river basin is the project located?
b. Nade of y of w er near st to proposed project 17q6 r`
C <
c. Is th ter body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
aural ❑Manmade ❑Unknown
C W 1r..J
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
Lyres []No
work falls within.
C " CMIF IhA NA
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
233 I
l (Pb , 3 (o S F
c. Size of indi�lot(s) Q
G q S' , 9 - H 1
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
,�
* :,al
, '
(If many lot sizes, please attach additional page with a list) k�
9f1HW or ❑NWL -j- s r4101
e. Vegetation on tract
�Z6\QC--NMAIL, UkN1)
f. Man-made features and uses now on tract
S lNfZI L �ti( RC'S i r rT3
g. Identify and describe the existing land uses ad agent to the proposed project site.
51 ns>1 Lc CPCY�A R�-s 1 o C-NTS
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R—'
(A,.,tt.,aa�cch zoning compliance certificate, if applicable)
N l ❑No ❑NA
s
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes o
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No aA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []No WA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
252.808.2808 .. 1-6ii8-4RCOA6r ., www.nccoastaimanagement.net
DCM WILMINGTON, NC
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? QXs o
(ii) Are there coastal wetlands on the site? S� es ❑__,,NNo
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes Lyrvo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
C'FP UA-
o. Describe existing drinking water supply source.
ef�: PV ►-
p. Describe existing storm water management or treatment systems.
COM iM 1J IN I T`-1
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑�,CC�ommercial ❑Publo/Government
pernvate/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
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.
'T'� PI C*kV i) nAGC-(2- C-tza nti l r\ L14 o C I1-I A/L-,
1- 0 1 - c <-� C
d.
List all development activities you propose.
C�(LC T Nlal,^ s FixC-n P� �fZ (,f k Upton IvYW fV i toy
�
�-SUYZ 6 0-lar" "t-1 OOtks q rV-, o' M&16
e.
Are the proposed activities maintenance of an existing project, new work, or both?
nA.5 t.(JUYLY—
f.
What is the approximate total disturbed land area resulting from the proposed project? A ❑Sq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes &Ko ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
WIN-
1.
Will wastewater or stormwater be discharged into a wetland? ❑Yes []No AA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No @OA
j.
Is there any mitigation proposed? []Yes []No &KA
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on back> RECEIVED
APR 0 2 2019 FEB 15 2019
252-808.2808 :: 1-888-4RCOAST :: wwv QMmMki rwLThhgement.net
DCM WILMINGTON, NC
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, it applicable, must be submitted in order for the application
package to be complete. Items (a) — (i) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed. k/
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. t�
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR. %�
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name W 1%_%,lAil\nk 4 61171ATSer" (Uz"Ifli Phone No.
Address 114 I7A-'-4Sgm9C- ha
Name (3(LV(.E 4-}Ot -i-V_&AA\_S (-teL-ST) Phone No.
Address 12S loo k a- ►) a
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perrnittee, and issuing dates.
C-lEi r6-y&cc-am t r og—'1'N5 A rl 1 ssv l r s
GkASIAINE_ 5-
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary. N
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) 1,jA
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. NA
-
to Enter on Land
I understand that any permit issued in response to this application will allow only the
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 certi that t e information provided in this application is truthful to the best of my knowledge.
Date 2 O Print Name
Signature
Please indicate application attachments pertaining to your proposed projec .
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑_DCCM MP-3 Upland Development
[M MP-4 Structures Information
RECEIVED
APR 0 2 2019
RECEIVED
FEB 15 201�,
DGM MID GITY
252.808.2808 .. 1-888.4RCOAST .. www.nccoastalmanagemgPM.nWILMINGTON, NC
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
❑This section not applicable
a. (if Is the docking facility/marina:
❑Commercial ❑Public/Government
b. (!)Will the faacilii be open to the general public?
❑Yes
rivatree//Commmuun`ity
�fJo
F�i�C"(� ` w ^`—
Flo
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? []Yes 9
(ii) Number r
If yes:
(iii) Length \ (Q (Pf 20
(ii) Number
(iv) Width \Pt �P
(iii) Length
(v) Floating ❑Yes [-]No
(iv) Width
(v) Floating ❑Yes ❑No
,,--✓,
bar e. (i) Are Platforms included? es []No
f. (1) Are Boatlifts included? @'Yas []No
If yes:
If yes:
(it) Number
(ii) Number
r I
(iii) Length
r
(iii) Length 13
(iv) Width A- l'7 r (j— kP
(iv) Width 131
(v) Floating []Yes &Ko
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
�G
El Dockage, fuel, and marine supplies
D7 uockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
I. Check the proposed type of siting:
❑ Land out and access channel
❑,,O//pen water; dredging for basin and/or channel
& pen water; no dredging required
[]Other; please describe:
I
k. Typical boat length: I
m. (i) Will the facility have tie pilings?
[]Yes Odfvo
(if) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
dPEN (Z%J-JhGCVT-
I. (1) Will the facility a open to the general public?
[]Yes hJNo
RECEIVED
RECEIVED
APR 0 2 2019 FEg 15 2019
h MHD CITY
252-808-2808 :: t-888-4RCOAST :: www.nccoastalmanagement.net DCM W1hM #ftTOIWM
Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout'GI type and location:
b. Describe treatment type and disposal to lion for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and
d. How will overboard discharge of sewage from boats be
e. (i) Give the location and number of "No Sewage
III) Give the location and number of "Pumpout
I. Describe the special design, if applicable, for
signs proposed.
signs proposed.
industrial type pollutants, such as paint, saXblasting waste and petroleum products.
g. Where will residue from vessel maintenan9e be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
I.E-GEIVED RECEIVED
FEB 15 2019
APR 0 2 2019
252-808-2808::1-888-4RCOAST::w .nccoastalmanattement.net DCM-MHD CITY reused: 6
Form_DCM MP-4 (Structures, Page 3 of 4)
m., IsI Ihh marina/docking facility proposed within a primary or secondary nursery area?
Lyres []No
n. Is&e marina/ eking facility proposed within or adjacent to any shellfish harvesting area?
ffiFes EKO I J O
o. Is the marina/docking facility proposed within or adjacent to coastal wettands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom
(�SBJ) or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
j& _ ❑SAV ❑SB
OWL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes M o
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse stmdure(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number �^ v
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. It a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(if) ' l ` Length r
(III) Width I
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS El This section not applicable
a. Is the stmcture(s): b. Number
❑Commercial ❑Public/Government ❑Private/Community
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
V r�
RECEIVED
a. Arcofthesvdng RECEIVED
APR 0 2 2019
FEB 15 2019
DCM-MHD CITY
0CM Will MINGTAN, NG
252-808-2808 :: 1-888-4RCOAST :: www.neeoastalmananement.net revised: 12/27106
Form, DCM MP-4 (structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
(� 1 1 ti r wf!�35' f
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
290 1
e. (i) Will navig�aIII I aids be required as a result of the project?
Oyes o ❑NA
(it) If yes, explain what type and how they will be implemented.
b. Proximity of structures) to adjacent docking facilities.
I I f bs,r--5'r 1oo+ 15!5
d. Water depth at waterward end of structure at NLW or NWL
8. OTHER ®This section not applicable
a. Give complete description:
Date
• /
Mv� �� 1 ♦ arm
t
Rpp scant Name
Applicant Signatur
RECEIVED
APR 0 2 Z019
DCM—MHD CITY
RECEIVED
Ii I oi?G19
Di WILMINGTON, NC
252-808-2808 :: 1-888.4RCOAST :: ww .nccoastalmanagement.ne-, revised: 12/27106
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Miguel Echavarria
Mailing Address: 922 Bayshore Drive
Wilmington, NC 28411
Phone Number: 919-931-0453
Email Address: migecha@yahoo.com
I Certify that I have authorized David Logan of Logan Marine, LLC
Agent / Contractor
to act on my behalf, for the purpose of applying for and of'taining all CAMA permits
j
necessary for the following proposed development:
Erect new docking facility
at my property located at 916 Bayshore Drive Wilmington, NC
in New Hanover
County.
I furthermore certify that I 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
C�'�✓1 2,�'A
Print or Type Name
Title
Zj—/ld\ / S
Date
This certification is valid through 12 / 31 / ems
RECEIVED
APR 0 2 2019
DCM-MHD CITY
RECEIVED
- 4 1 5 2019
DCM WILMINGTON, NC
ROY COOPER
Covarttar
MICHAEL S. REGAN
swKmy
BRAXTON C. DAVIS
Daucatr
Logan Marine, LLC
c/o David Logan
2709 Shandy Lane
Wilmington, NC 28409
Dear Mr. Logan:
NORTH CAROLINA
Environmental Quality
March 25, 2019
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Miguel
Echavaria (916 Bayshore Dr. Docking Facility), for State approval for development of the subject property located
at 1834 Register Lane, adjacent to Middle Sound and the AIW W, near Wilmington, New Hanover County. It was
received as complete on March 11, 2019 and appears to be adequate for processing at this time. The projected
deadline for making a decision is May 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 March 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 I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Debra Wilson
District Manager
cc: Courtney Spears, DCM Liz Hair, COE
MHC Files Chad Coburn, DWR
Miguel Echavaria, 922 Bayshore Dr., Wilmington, NC 28411
RECEIVED
�D APR 0 2 2019
North Carolina Department of Environmental Quality I Division of Coastal Management DC M-M H D CITY
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
NOTI(01$170A 0W � U
W o
� Q
U
CAMA PERMIT
APPLIED FOR
P ROJ ETY
WOMIM �LIL•Z�1:I/ILIif%I�IIIt�I�L=t�l+'yL�1:I:1� •
- •[%cia�l�t•��:c•L=f•ZG1L-7!La.W18MAAL��f1���L• •
COMMENTS ACCEPTED THROUG14pr1L 1 9, 2019
APPLICANT:
Miguel Echavaria
916 Bayshore Drive
Wilmington, NC 28411
Agent: David Logan (910) 367-1348
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Extension
Wilmington, NC 28405
Debbie Wilson, Field Representative
910-796-7266
■ 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. Article Addressed to:
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Ps Form 3811, July 2015 PSN 7530-02-000-9053
■ complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we -can return the card to you.
■ Attach thlscard to the back of the mailpiece,
or on thelront If space Pat" lSS.
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❑ Addressee
C. Date of Delivery
ffee(tnn Rem 17 ❑ Yes
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FEB 15 2015
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❑ ROepitryred Mall Restricted
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Domestic Return Recelpt 1
RECEIVED
APR 02 2019
DCM-MHD CITY
", CEIVED
Arr\ 0 2 2Q19
DCM-MHD CITY
DRAWN BY
RETURrJTO Fuss LNw
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1111111111111
2OM116W
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH
NEW HRNOWR COUNTY, NC
2009 RPR 02 34:23:04 PM
BK:5393 PGA999-2011 FEE447.00
IMSM I N1163@
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
TRACT A. BAYSHORE ESTATES. SECTION 5
THIS DECLARATION, made the rtd day of 0{ 2009, by Bayshore 5 Waterfront
Owners Group, Inc., a North Carolina Nonprofit Corporation (hereinafter called "BAYSHORE
5") for the purposes hereinafter stated;
WITNESSETH:
WHEREAS, Bayshore 5 is the owner of certain real property in Hamett Township, New
Hanover County, North Carolina, (hereinafter referred to as the "Property") which is more
particularly described as follows:
BEING ALL of Tract A, as shown on a map entitled "Section 5 Bayshore Estates",
duly recorded in Map Book 9, Page 14 of the New Hanover County Registry,
reference to which map is hereby made for a more particular and detailed
description.
WHEREAS, there currently exists a pier and boat dock facility along the waterfront area;
and
WHEREAS, the Members were previously parties to that certain Agreement recorded the
18" day of April, 1990 in Book 1493, Page 718 of the New Hanover County Registry regarding
their use of the Property which shall now be superseded by this Declaration; and
WHEREAS, pursuant to a Deed recorded in Book-1jJ9Z , Page t9s(e in the New W
Hanover County Register of Deeds, the Members of Bayshore 5 are the current owners of L&
188, 189, 190, 191, and 192 in Bayshore Estates Subdivision, Section 5 and have formed U
Bayshore 5 for the purpose of common ownership of the Property; and w
Ir
WHEREAS, Bayshore 5 desires to subject said Property and all improvements to certain
protective covenants, conditions, restrictions, liens and charges as hereinafter set forth for the
mutual benefit of Bayshore 5 and succeeding property owners and desires that said covenants,
conditions, restrictions, liens and charges run with the land and be binding upon the Bayshore 5,
its successors and assigns; and
association organized for the mutual benefit and protection of the Property.
SECTION 2. Common Area shall mean all real and personal property owned by the
Association for the common use and enjoyment of the Members of the Association.
SECTION 3. Common Expenses shall mean expenditures made by or financial liabilities of
the Association, together with any allocations to reserves, and shall include, without limitation, the
following:
a. All sums lawfully assessed by the Association against its members.
b Expenses of administration, maintenance, repair or replacement of the Common
Areas.
c. Expenses declared to be common expenses by the provisions of this Declaration or
the By -Laws:
d. Expenses for insurance premiums;
e. Expenses agreed by the members to be common expenses of the Association,
f. Any ad valorem taxes and public assessments levied against the Common Areas.
SECTION 4. Common Expense Liability means the liability for Common Expenses
allocated to each Member as permitted by this Declaration or otherwise by law.
SECTION 5. Declaration shall mean this instrument as it may be from time to time amended
or supplemented.
SECTION 6. Lot shall mean and refer to Lots 188, 189, 190, 191, and 192 in Bayshore
Estates Subdivision, Section 5, as the same is shown in Map Book 9, Page 14 in the New Hanover
County Registry.
SECTION 7. Lot Owner and Owner shall be used interchangeably mean and refer to the
record owner, whether one or more persons or entities, of a fee simple title to any lot referred to
Section 6 above, including contract sellers, but excluding those who have such interests merely as
security for the performance of any obligation.
SECTION 8. Member shall mean and refer to every person who is a member of the
Association. All members must be owners of one of the following: Lots 188, 189, 190, 191, and 192
in Bayshore Estates Subdivision, Section 5, as the same is shown in Map Book 9, Page 14 in the
New Hanover County Registry.
SECTION 9. Membership shall mean and refer to the rights, privileges, benefits, duties and
obligations, which shall inure to the benefit of and burden each member of the Association.
SECTION 10. Person shall mean and refer to an individual, corporation, partnership,
association, trustee or other legal entity.
SECTION 11. Property shall mean and refer to all of Tract A, as shown on a map entitled
"Section 5 Bayshore Estates", duly recorded in Map Book 9, Page 14 of the New Hanover County
Registry.
SECTION 12. Purchaser shall mean any Person, who by means of a voluntary transfer
acquires a legal or equitable interest in a Lot, other than (i) a leasehold interest (including renewal
x,_ .!:-71VED
APR 0 2 bl1
a. The right of the Association to limit the number of guests of members. DCM-MHD CITY
b. The Association, as a Common Expense, may at all times keep the Common Areas
and other assets of the Association, if any, insured against loss or damage by fire or
other hazards and such other risks, including public liability insurance, upon such terns
and for such amounts as may be reasonably necessary from time to time to protect such
property, which insurance shall be payable in case of loss to the Association for all
Members. The Association shall have the sole authority to deal with the insurer in the
settlement of claims. In no event shall the insurance coverage obtained by the
Association be brought into contribution with insurance purchased by Members or their
mortgagees.
c. The Association may mortgage or convey the Common Areas, or dedicate or transfer
all or part of the Common Areas, to any public agency, authority or utility for such
purposes and subject to such conditions as may be agreed to by the Members.
d. The right of the Association to suspend the voting rights and privileges by a Member
for any period during which any assessment against his Lot remains unpaid and for a
period not to exceed sixty (60) days for any infraction of its published rules and
regulations;
e. The right of the Association to impose regulations for the use and enjoyment of the
Common Areas, if any, and improvements thereon, which regulations may further
restrict the use of the Common Areas.
f. The right of the Association to charge reasonable fees for the use of the Common Areas
and facilities by non-members of the Association.
SECTION 2. Delegation of Use. Any owner may delegate in accordance with this
Declaration, his right of enjoyment of the Common Areas to the members of his family, his invitees,
his tenants, or contract purchasers.
ARTICLE III.
OWNERS ASSOCIATION
SECTION 1. Formation of Association. The Association is a nonprofit corporation
organized pursuant to the Nonprofit Corporation Act of the State of North Carolina for the purpose
of establishing an association for the Owners of Lots to operate and maintain the Common Areas in
accordance with this Declaration, its Charter and Bylaws.
SECTION 2. Membership. Every Owner of Lots 188, 189, 190, 191, and 192 in Bayshore
Estates Subdivision, Section 5, as the same is shown in Map Book 9, Page 14 in the New Hanover
County Registry shall be a member of the Association. Membership shall be appurtenant to and may
not be separated from ownership of the Lot.
SECTION 3. Voting Rights. The Association shall have one class of voting Membership.
Members shall be all Owners Lots 188, 189, 190, 191, and 192 in Bayshore Estates Subdivision,
Section 5, as the same is shown in Map Book 9, Page 14 in the New Hanover County Registry and
shall be entitled to one vote for each Lot owned. When more than one person holds an interest in
any Lot, all such persons shall be Members. The votes for such Lot shall be exercised as they
determine, but in no event shall the Owners of the Lot collectively be entitled to cas""119*Q1e
vote with respect to any Lot. Fractional voting with respect to any Lot is prohibited. fIJJ
ARTICLE 1V. FEP 15 , 019
COVENANTS FOR ASSESSMENTS DCM WILMINGTON
The annual, special and insurance assessments, together with interest, costs of collection
thereof, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien
upon the respective Lot of the Member against whom each assessment is made. Each assessment,
together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of
the person who was the Owner of such property at the time when the assessment fell due. All
assessments shall be shared equally by the owners of each lot.
SECTION 2. Purpose of Assessments. The assessments levied by the Association shall be
used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the
Members and their property and the improvement and maintenance of the property. The funds
arising from said assessments or charges, may be used for any of foregoing, including, without
limitation, the following purposes: Maintenance and improvements of the Common Areas,
enforcing these covenants and restrictions and the rules of the Association; paying taxes, insurance
premiums, legal and accounting fees and governmental charges; establishing working capital; paying
dues and assessments to any organization or master association of which the Association is or shall
become a member and in addition, doing any other things necessary or desirable in the opinion of the
Association to keep the property in neat and good order.
SECTION 3. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in part; the cost of
any construction, reconstruction, repairs or replacement of a capital improvement upon the Common
Area, provided that any such assessment shall have the affirmative assent of owners representing
60% of the votes of the Association represented at a meeting duly called for such purpose, written
notice of which, setting forth the purpose of the meeting, shall have been sent to all Members not
less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
SECTION 4. Notice And Quorum For Any Action Authorized Under Section 3. Written notice
of any meeting called for the purpose of taking any action authorized under Section 3 shall be sent to
all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
At the last such meeting called, the presence of members or of proxies entitled to cast sixty percent
(60%) of all the votes of the membership shall constitute a quorum. The required quorum at the
subsequent meeting shall be one-half (%:) of the required quorum at the preceding meeting, No such
subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
SECTION 5. Rate of Assessment. Both annual and special assessments shall be fixed at a
uniform rate for all Members, on a per lot basis, and may be collected on a monthly, quarterly or
annual basis as determined by the Association.
SECTION 6. Commencement of Assessments and Due Dates. The assessments provided for
herein shall be paid in advance in monthly, quarterly or annual installments as determined by the
Association and the payment of such assessments as to each Lot shall commence upon the date of
conveyance to an Owner of a Lot from Declarant. The Association shall fix the amount of the
annual assessments against each Lot at least ten (10) days in advance of each annual assessment
period. Written notice of the annual assessment shall be set to every Owner subject thereto.
SECTION 7. Individual Assessments for Repairs of Damage Caused by Fault. If a
member, or Lessee or one of his other family Members or guests, damages or destroys by his or her
fault, intentional conduct or negligence, any of the property of the Association, the member shall
repair the damage or replace the destroyed property within sixty (60) days and return it to its
condition prior to the damage. The Member shall ensure that said replacement or repairs are done in
date at the highest rate permitted by law. The Association may bring an action at law against the
Member personally obligated to pay the same, or foreclose the lien against the Owners Lot, and, in
either event, interest, costs and reasonable attorney's fees incurred in the prosecution of any such
action shall be added to the amount of such assessment. No Member may waive or otherwise escape
liability for the assessment by non-use of the Common Areas. All unpaid installment payments of
Assessments shall become immediately due and payable if any Owner fails to pay any installment
within the time permitted. The Association may also establish and collect late fees for delinquent
installments.
SECTION 9. Subordination Of The Lien To Mortgage. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot
shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to
payments, which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot
from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE V.
MAINTENANCE AND LANDSCAPING
The members currently maintain the Property on an informal basis among themselves and
desire to continue do so. All Members agree to fairly contribute to said maintenance as agreed upon
by the Association. The Association may hire an outside service for general maintenance or repairs
of all of its Properties and Common Areas including maintenance dredging of the submerged lands
of the pier and dock by an affirmative vote of at least 60% of the all the votes of the Association at a
meeting duly called for such purpose. The cost of such maintenance shall become a part of the total
general assessment for which all Members are liable as specified herein.
RECEIVED
ARTICLE VI. APR 0 2 2019
USE RESTRICTIONS DCM-MHD CITY
SECTION 1. Rules and Regulations. The Association shall have the power to formulate,
amend, publish and enforce reasonable rules and regulations concerning the use and enjoyment of
the yards of the Property. Any rules and regulations formulated by the Association, along with all
policy resolutions and policy actions taken by the Association, shall be recorded in a Book of
Resolutions, which shall be maintained in a place convenient to the Members and available to o
them for inspection during normal business hours. w o
> r,
SECTION 2. Nuisances. No noxious or offensive activity shall be carried on upon the U m
Property. There shall not be maintained any plants or animals, nor device or thing of any sort w w
whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant H
other nature as may diminish or destroy the enjoyment of other property in the neighborhood by
the Owners thereof. It shall be the responsibility of each Member to protect the property from any
unclean, unsightly or unkempt condition, which would tend to substantially decrease the beauty of
the property as a whole or the specific area.
SECTION 3. Use of Property. The Property shall be for the following uses and subject to
the following restrictions:
e. Members shall remove their boats from the Property in inclement weather. Should any
boat not be so removed, and such boat or boats damage any part of the Property
including bulkheads, piers, pilings, docks, and other facilities, the Association shall
repair the damage or replace the destroyed property and shall levy an Individual
Assessment upon such Member for the full cost of repair or replacement. If boats
owned by more than one Member caused such damage or destroyed such property, the
cost of repair or replacement shall be shared by such Members in such amounts as shall
be established by the Association. The Association and other Members shall not be
held liable for injury, damages, or loss arising from a failure to request the removal of
boats from the Property.
f. No stripped, partially wrecked, junk boat, or part thereof, shall be permitted to be parked
or kept on the Property.
g. Use of the Property shall be limited to Members, the family of any Member, and their
guests.
h. Children under the age of 12 will not be allowed on the Property, unless accompanied
by an adult.
SECTION 4. Alterations. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Property except at the direction or with the express written
consent of the Association.
ARTICLE VII.
ENFORCEMENT
SECTION 1. Enforcement. The Association, or any Member, shall have the right to enforce, by
any proceeding at law or in equity, all restrictions, conditions, covenants, Articles of Incorporation,
Bylaws, Rules and Regulations, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration. Failure by the Association, or an Owner to enforce any covenant or
restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
SECTION 2. Right to Remedy. The Association shall have the right to remedy the violation and
assess the costs of remedying the same against the offending member as an individual assessment as
provided in Article IV herein.
SECTION 3. Suspension. For any violation of this Declaration, the Articles, the Bylaws, or the
Rules and Regulations by a Member, including, but not limited nonpayment of any general, special,
or individual assessment, the Association shall have the right to suspend the offending Member's
voting rights and the use by such Member, his/her family members, guests, and invitees, of the
Property for any period during which a violation continues.
SECTION 4. Removal of Boats. The Association shall have the right to remove any boat located
owned by such Member during any period of suspension by said Member. The boat will be stored
at the Member's expense, which sum may be assessed as an individual assessment in accordance
with Article IV. The Association nor any other Member shall be liable for damages, injury or loss
which may arise as a result of the removal and/or storage of any boat.
SECTION 5. Remedies Cumulative.. The remedies provided by this Article are cumulative, and
are in addition to any other remedies provided by law.
ARTICLE XIII.
construed to effectuate its purpose of creating a uniform plan. Thmughomt this Declaration when
ever appropriate the singular shall include the plural and the masculine gender shall include the
feminine or neuter. The Article headings ate for convenience of reference only and sball not be
considered terms of this Declaration.
SECTION 4. Severablifty. Invalidation of my one of tbew covenants or restrictions by
judgment or court order shall in no wise invalidate any other provisions which shall remain in full
force and effort.
SECTION 5. Duration. The covenants and restrictions of this Declaration shall inure to
the benefit of and be enforceable by the Association, or the Owner of any lot, their respective
legal representatives, heirs, successors and assigns, and shall run with and bind the sand and shall
bind any person having at any time any interest or estate in any tot, as though such provisions
were made a part of each and every deed of conveyance or lease, for a term of twenty (20) years
from the date this Declaration is recorded, after which time they shall be automatically extended
for successive periods often (10) years, unless sooner amended as elsewhere provided herein, or
mien an ioetromem signed by the then Owners of two-thirds of the Lots in the Property, agreeing
to change the Declaration in whole or in part, is recorded in the New Hanover County Registry.
SECTION 6. Amendment of Declaradeo. The covenants and restrictions of this
Declaration may be amended only by an instrument duly recorded in the Office of the Register of
Deeds of New Hanover County executed by the duty authorized officers of the Association upon
the affirmative vote of owners representing W16 of the votes of the Association represented at a
meeting duly called for such purpose; provided that no amendment shall aher any obligation to
pay ad valorem taxes or assessments for public Improvements, as herein provided, or affect any
lien for the payment thereof established herein. All amendments shall be ratified as an official
act of the Association by the Secretary thereof and shall forthwith be recorded in the New
Hanover County Registry, Such amendments shall become effective upon recordation.
SECTION 7. Coutbet In the event of say irreconcilable conflict between the Declaration
and the By -Laws of the Association, the provisions of this Declaration shall control. In the event
of any irreconcilable conflict between this Declaration and the Bylaws of the Association and the
Articles of Inoorporation of the Association, the provisions of the Articles of Incorporation shall
control.
IN WITNESS WHEREOF, the Bayshore 5 Waterfront Owners Group, Inc. has wised this
Declaration to be duly executed by its members who have set their hands and seals all as of the
day and year first above written.
Ba 5 W Owners Group, Inc.
sidcm
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
RECEIVED
APR 0 2 2019
1 certify that the following person(s) personally appeared before me this day, and; each D C M-M H D CITY
acknowledging to me that be or she voluntanty signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Natne(,r) ofprincipal(s)
11 RD
Witness my hand and official seal, this the y ofA ARCH . 20o9. 1111 I II/ .
My Commission Expires: IVPil\�
Si tune of Notary eLbfic
NOTARY
RECEIVED =y PUBLIC`
�.` �� `\.
'IV "A 6s�E�m"I-XV2 �cr ll" ��ERI111 �
DCM WILMINGTON, NC
pproved and prod 1—imously by all members of Baysbore 5 Owners Group, Inc.:
V(d Fogl ----
Owner of Lot 188
STATE OF NORTH CAROLLNA
COUNTY OF NEW HANOVER
f certify that the following person(s) personally appeared before me this day, and, each
pledging to me that he or she voluntarily signed the foregoing document for the purpose
therein and in the capacity indicated:
Name(s)ojprlecipa!(s) G I jy 1
Witness my hand and official seal, this dnz day of _, ?A09. `�Qv
My Commiason E
sprees: _ NOTARY —
Sigmture ojNdmy !ic YZ ' P U l3 L I.0
'ry 4nmrt�slon EmtBe 1�f2
Appruvpd and ad Wqnaninww1'ybyjtII members of HaysS Owners Group, Inc.:
William R. Whitehuna D-tehurst
Owner of Lot 199 Owner Lot 189
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein aqd in the capacity indicated:
(J 1'k . 2 ct
Names) ojprincipal(s)
Witness my hand and official seal,"the a� day of 1CA'zre,& , 2009.
`y•aN08 rrO•..
My Commission Expires: I , j!�S ti-2kG'koOeP r c
Signature ojNotary Pri&rc .• v ��4,
-OOTAA
: Mr Cam,
rt�j Jan 25, 20 �1 Ci
STATE OF NORTH CAROLINA S A�T'IC�y 2i
COUNTY OF NEW HANOVER
I certify that the following person(s) personally appeared before me this day, and; each
acknowledging to the that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Witness my hand and official seal, this the --1 1 day of 2009.
My Commission Expires: ( I
Signature ofNotary9%lic = vILOTA* —O
.011
My Co
S risk mm Jan. 25, 2011 U
Vs ftattc ra
RECEIVED
APR 0 2 2019
DCM-MHD CITY
RECEIVED
EB 15 2019
DCM WILMINGTON, NC
A proved tad unanimously by all members of Baysbme 5 (Owners Group, Inc.:
W terE YoPP ��l � PP `
Owner of Lot 190 Owner of lot 190
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1 certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated %ereia snd nt the cq,v& y indicated: NJ
Witness my band and official 64fa, tips me_lxday*L Al2h /
My Commbdm E:pitea 1 a 1 a� l
Sf ea 'otnryrbtic �.�``yiL 0L06
a &; ........... i
Y
STATE OF NORTH CAROLINA = t
COUNTY OF NEW HANOVER
! certify that the following person(s) personalty appeared before..........
me this day, and, each '��.N
acnowledging to me that he or she voluntarily signed the foregoing document for the purpose r rr i
stated therein and in the capacity indicated: . . nr'luti
Witness my hand and official seal, this the _ _ day o 1
My Commission Expirm 1� G
Sig awe o o1a7AUM
1Iq
�QTARY
._ PUBL�G
z
10
Approved and adopted u imously by all members of Bayshore 5 Owners Group, Inc
e /f
Robert A. HammerslW Jenlffer L. H mersk:y off/
Owner of Lot 19l or
r of Lofq 91 17
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Witness my hand and official seal, this the z3 day of Macek, , 2009.
My Commission Expires: 3• Z`I-11
Signature of Nolary Public
PATRICIA M. WALL
NOTARY PUBLIC
STATE OF NORTH CAROLINA New Hanover Coj*, Nerbt Car*
m
COUNTY OF NEW HANOVER
1 certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
Names) ofprindpal(j
Witness my hand and official seal, this the 2304 day of Max d, .2009.
My Commission Expires:'�S-Z`1-11 �e ,.e,1rn•�,.,�a9.�
Signature ofNotaty Public
a
RICIA M. WALLNOTARY PUBLICraver Court, NoM Cerdils
RECEIVED
APR 0 2 2019
DCM-MHD CITY
RECEIVED
-rB 15 2019
I I DCM WILMINGTON, NC
Approved and adopted unanimously by all members of Bayshore 5 Owners Group, Inc.:
Charles F. Bell Vivian A. Belt
Owner of Lot 192 Owner of Lot 192
STATE OF NORTH CAROLINA
COUNTY OF NEW 14ANOVER
I certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated:
t,hZ �a
Name(s) ojprincipal(s)
r
Witness my hand and official seat, this the23 �i day of (%r mot\ , 2009.
My Commission Expires: 3 _ 29_ It 'i(q� M v�) e'-u
Signature of Notary Public
=PATIRICIA WALL
BUC
STATE OF NORTH CAROLINA Nam card' fe
COUNTY OF NEW HANOVER fto
1 certify that the following person(s) personally appeared before me this day, and; each
acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein and in the capacity indicated: „
Witness my hand and official seal, this the220 day of mac -y , 2009.
My Commission Expires:3
Signature of Notary Public
PATRICIA M. WALL
NOTARY PUBIIC
New He�loeer Couiy, Nt>MII CtaoAna
,L. � 12
\8u
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
11#N}fff}N}iH#}tl1f#}f#fiHfifllfiNif11111ff}fiifbfNflfilif bi M111f1f#f}1bMltlfii#}R1fiN#Nitlf}N#N}}N}N}#
Filed For Registration:
Book:
Document No.:
Recorder:
04/02/2009 04:23:04 PM
RE 5393 Page: 1999-2011
2009011630
13 PGS $47.00
CRESWELL,ANDREA
State of North Carolina, County of New Hanover
RECEIVED
APR 0 2 2019
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
DCM-MHD CITY
RECEIVED
* 200901163 0 *
2009011630 DCM WILMINGTON, NC
4
STATE OF NORTH CAROLINA
yptI11e1111
2eeesiieze
FOR RIa ISTIMIIaN RESISTER OF OEmS
9MYIFER H. WMISH
Nn RaROVER caw". He
20 APR 02 04:23 84 PM
W5393 n 19960 0 FEE117.00
II6TW I Mill
Parcel ID: R03717-003-011-000
COUNTY OF NEW HANOVER - -
EYt so TQi.: O
THIS DEED, made and entered into, this 12th day of March., 2009, by and
between BAYSHORE ESTATES, INC.,a corporation organized and existing under
the laws .of_the State of North Carolina,---withits principal office and
place of business in New Hanover .County, .North Carolina, party of the
first part; and BAYSHORE 5 WATERFRONT OWNERS GROUP, INC., a North Carolina
nonprofit corporation whose mailing address is 918 Bayshore Drive,
Wilmington, NC 28411, party of the second part;
W I T N.E. S S E T H:
That the said party of the first part, in consideration of ONE
($1.00) DOLLAR and other good and valuable considerations to it in hand
paid, the receipt of which is hereby acknowledged,has givenj granted,
bargained and sold, and by these presents does give, grant, bargain, sell
and convey .unto the said .party of the second. part, its successors and
assigns, all that certain tract, parcel, or;lot of land in New Hanover
County, North-Carolina,fbounded and. -described as..follows: --
Being all of Tract "A", as shown on a map entitled "Section5
Bayshore Estates", recorded in Map Book 9, Page 14, of the New -
Hanover County Registry, reference to. which nap is hereby made for a
more particular and detailed description.
Subject to 2009 ad valorem taxes, the restrictions for Bayshore
Estates, Section 5, recorded in Book 774, Pale 699 of the New Hanover
County Registry, and: any easements of record applicable to the. above
land.
Together with all and singular the lands, tenements, easements and
appurtenances thereunto belonging or in anywise appertaining. RECEIVED
NC- a94ea REJnNT0 Fuss U'11' APR 0 2 2019
DCM-MHD CITY
• Y�� yl k u^ j
,,aly: .
TO. HAvE AAD,,TO HOLD, the aforesaid tract or'<parcel'-of-lan& anal all
privileges and.appurtenances thereunto belonging to the said party of the
second part.; its succdssors' and assigns',,forever,
IN WITNESS WHEREOF,,, the.:saidrparty of'�the.;first=part has caused -this
instrument, to be _executed in=its %corporate name -by :its President,- pursuant
to authority duly given by its board ..of -directors, as of the day and year.
. first above writfen..-
COUNTY OF NEW-HANOVER .. ..._ '.-.-
'
County, North. -Carolina, certify that WILLIAM H.-CAMERON personally came
before -me' -this: day-; and: acknowledged..that ,he;is-:President of BAYSHORE,
ESTATES,., INC., a corporation, andthat he, as President, being authorized
to,:do so, executed. the foregoing on -behalf, of 'the corporation.
.;,..r,,.Witness.my-hand�_and official-stamp-,or:±seal,-this =-the day of
March, 2009.
. .`NotarTPubli
Printed Name of Notary Public
My commission expires:
` NOTARY
_ PUBLIC
VER
OONTY:
G I
2
I
3
ti
'ESTgBLISHE�
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
•u.rr...u.ru«..ay............ao..�.r,r...r...u.....,,u...r....r.r.... e.r.u.......run���+r..r..rr.. r.r..rr,nr,r.r..
Filed For Registration: 04 0212009 04:23:04 PM
Book: RE 5393 Page: 1996-1998
Document No.: 2009011629
3 PGS $17.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2009011629* RECEIVED
2009011629 APR 0 2 2019
DCM-MHD CITY
HIV/
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 19, 2019
Regulatory Division
Action ID No. SAW-2019-00296/ 916 Bayshore Drive/Echavaria
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Miguel Echavaria to reconstruct and expand an existing
private community docking facility in the waters of Pages Creek, at 916 Bayshore Drive, in
Wilmington, New Hanover County, North Carolina.
Specifically, the project consists of constructing the previously authorized (CAMA GP
#72817-D) elevated, fixed platform measuring 16' wide by 22' long 7-head" platform as a
reduced to 16' wide by 18' long structure. Extending from this platform (one on the southeast
side and one on from the southwest side) would be two 6' wide by 18' long elevated fixed
finger piers. Extending in a southerly direction would be. four ramps/gangways (I extending
from each end and 2 from the middle) which would lead to four proposed floating docks, each
measuring.approx. 6' in width by 20' in length extending perpendicular to the channel. Located
on each side of the proposed floating docks would be 5 boatlifts, each measuring approx. 13'
by 13' resulting in a 5-slip docking facility
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 M��Aechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service uidelines, and
JUN 19 2019
MP SECTIOWWIRO
1
&a
strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee auidelines.0.
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
-3-
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
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 not 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
RECEIVED
JUN! 19 2019
MP SECTION WIRO
Jr .
me
Electronic copy furnished:
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist -Water Protection Division
Ms. Courtney Spears
North Carolina Department of Environmental Quality- Division of Coastal Management
Ms. Karen Higgins/Mr. Chad Coburn
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/Mr. Fritz Rohde/Ms. Twyla Cheatwood
National Marine Fisheries Service -Habitat Conservation Division
Spears, Courtney
From: Weychert, Curtis R
Sent: Thursday, June 6, 2019 6:05 PM
To: Spears, Courtney
Subject: Re: echavaria reconfig.
Courtney, that should be fine. On my site visit they had sufficient depth all along the entire proposed area, that small
shift should still have good depth.
Curt
Sent from my Whone
On Jun 4, 2019, at 8:32 AM, Spears, Courtney <courtney.spears@ncdenr.gov> wrote:
Gli-✓'F�s
I1N
l�� ✓ecav�y.
5V,brwi*{
U/VtI
VpI
Spears, Courtney
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Friday, June 7, 2019 12:44 PM
To: Spears, Courtney
Subject: [External] RE: Echavaria - 916 Bayshore
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to repo rt.spam@nc.gov<mailto:report.spam@nc.gov>
Hey -I think I am still waiting for comments from FWS. Pretty sure that our conditions will be the standard PGP 291
conditions and Manatee Guidelines. I'm getting ready to leave the office in about 30 minutes, so I probably won't get the
letter out until next week. Let me know if I need to send it to someone else in your group while you are on leave.
Thanks!
Liz
-----Original Message -----�
From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov]
Sent: Thursday, June 6, 2019 7:48 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI>
Subject: [Non-DoD Source] Echavaria - 916 Bayshore Ih"
Hey Liz,
Any chance this one will get out this week? The contractor calls nearly every day to ask me, and I will be out on leave all
next week so thought I'd check in. Thanks!
Courtney
110120-11RAM111N al
To: Courtney Spears
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Miguel Echavaria,
New Hanover County
Date: May 3, 2019
The applicant proposes to construct to expand an existing community docking facility.
The project is located at 916 Bayshore Drive, adjacent to Pages Creek in New Hanover
County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PT and CW.
Waters at the project site are classified as SA-HQW and are open to the harvesting of
shellfish. The area is a not Primary Nursery Area.
I have reviewed this proposal for consistency with the New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection while the AECs
impacted by the work are classified as Resource Protection.
In general, New Hanover County allows development in Resource Protection classified
AECs, which is consistent with the State's minimum use standards. The New Hanover
County. Comprehensive Land Use Plan contains some policies, .which exceed the State's
minimum use standards. However, none of these standards appear to.be applicable to this
proposal.
This project is consistent with the New Hanover County Comprehensive Land Use Plan. .
Cc: File
WW
ROY COOPER
Govrnmr
MICHAEL S. REGAN
Secn•mry
BRAXTON DAVIS
Dirccmr, Divixirm r j('rw.nal
Managcnren!
March 26, 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.soears(ftcdenr.aov
SUBJECT. CAMA Application Review
Applicant: Miguel Echavaria
Project Location: 916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Proposed Project: Reconstruct and expand an existing docking facility
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 April 19, 2019. If you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME (VI ` A C,
AGENCY W fA V.
SIGNATURE
rn evvv Z, 1- �
DATE q I q
State of Nonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat, Wilmington, NC 28405 919 796 7215
RECEIVED
APR 04 2019
DCM YVl�l.btl ioN NC
APR 0 4 r
DCM WILMINGTON, NC
ROY COOPER
(invemnr
MICHAEL S. REGAN
Secretory
NORTH CAROLINA
Environmental (hahpq
March 26. 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)
Courtney. soears0noderin qov
SUBJECT:
CAMA Application Review
Applicant:
Miguel Echavaria
Project Location:
916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Proposed Project: Reconstruct and expand an existing docking facility
BRAXTON DAVIS
lrrecrnr. [nws"m,y(-,q.Va1
Managamew
Please indicate below your agency's position or viewpoint on the ro osed roject and
return this form to Courtney Spears at the address above by �, If you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
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"
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.
® Christine Hall
_NCDEQ/DEMLR
_Christine 7Cali RECEIVED
_ _5/6/2019 MAY 0 6 2019
Stale of North CarolinaI Envimwnental Quality I Coaxal Management OCM WILMINGTON, NC
127 CardaW Drive Ext., Wilmington, NC 29405 919 796 7215
DocuSign Envelope ID: 4AF13702-FE8D-42E4-AOC6-ODDF12D5B88E
ROY COOPER
C.mrnmr
MICHAEL S. RE AN
see mtory
NORTH CAROLINA
Environmental Quality
March 14, 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)
co urtney. spearsCo) ncdenr. aov
SUBJECT: CAMA/Dredge & Fill Application Review
BRAXTON DAVIS
D,rnru" Drvi,+mn njC,urml
Management
Applicant: Miguel Echavaria
Project Location: 916 Bayshore Drive, adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to expand and existing community docking facility
Please indicate below your agency's position or viewpoint on the ro osed rojact and
return this form to Courtney Soears at the address above by ril 13I 1 . If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
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"
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.
Written approval is not required under GC4175
,RINT NAM had
GENG _DWR
EE
DocuSlc�IAmpnea by:
IGNATUR
as9rFeseereerm...
AT
4/26/2019
State of North Carolina i Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
RECEIVED
MAY 0 3 2019
MP SECTION WIRO
0
March 26, 2019
MEMORANDUM
rHr,
ROY COOPER
MICHAEL S. REGAN
BRA%TON DAVIS
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.soears(Mncdenr.00v
SUBJECT CAMA Application Review
Applicant: Miguel Echavarfa
Project Location: 916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Proposed Project: Reconstruct and expand an existing docking facility
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 ApHI 19, 2019. If you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
s This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
./ .1..a.� are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME W)l.r1 &C( FWt
AGENCY .�,Utt)-' P
SIGNATURE wa aim I "v RECEIVED
c (a I MAY 06 2019
DATE DCM WILMINGTON, NC
Sma of North Carolina I Eawonmenal Quality I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215
ROY COOPER
Gov w
MICHAEL S. REGAN
set,rm
NORTH CAROLINA
Environmental Pualim
March 26, 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.soears(a)ncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Miguel Echavaria
Project Location: 916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Proposed Project: Reconstruct and expand an existing docking facility
BRAXTON DAVIS
D,m,w,%. Dr k. of Coanal
Ifamsgemem
Please indicate below your agency's position or viewpoint on the ro osed roject and
return this form to Courtney Spears at the address above by � If you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
Shannon Jenkins
NC DMF - Shellfish Sanitation
�- ..... •.1 .. for Shannon
Jenki
RECEIVED
APR 01 2019
DCM WILMINGTON, NC
Sink of North Carolina I Env ronmental Quality I Coastal Management
127 Cardmal Drive Eat., Wilmington, NC 29405 919 796 7215
sm
ROY COOPER
c, MICHAEL S. REGAN
i BRAXTON DAVIS
NC" CAROLWA AA"J1* , "R %*A }o . fnnecior. ;)mmm nf(4 ai
March 26, 2019
MEMORANDUM.
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 26405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev. soearsetriodenr.gov
SUBJECT. CAMA Application Review
Applicant:
Project Location
Proposed Project:
Miguel Echavaria
916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Reconstruct and expand an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
"Trs return this form to Courtney Spears at the address above by April 19, 2019. If you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
z "Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME UP�7 VVL'YGHF�T
AGENCY _DA
SIGNATURE
Q RECEIVED
DATE
-iit DCM WILMINGTON, NC
` W C&dmel Dnw FA., Wilmmalm, NC 29M 919 796 7215
0 9(
NORTH CAROLINA
Environmental Qualfy
March 26, 2019
MEMORANDUM:
ROY COOPER
Gumn,or
MICHAEL S. REGAN
SeureraN
BRAXTON DAVIS
D11wor, DIVI.1%,m afCnorsul
Managrmnn
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courfer04-16-33)
courtnev.spears(alncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Miguel Echavaria
Project Location: 916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Proposed Project: Reconstruct and expand an existing docking facility
Please indicate below your agency's position or viewpoint on the ro osed roject and
return this form to Courtney Spears at the address above by • If you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
when appropriate, in-depth comments with supporting data is requested.
REPLY: ! This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated.,See attached.
This agency objects to the project for reason laesscc led'RM1e attached comments.
Mj1R272019
Ma/K Bror✓n
MP SECTION WIRO
® PSI - Ahl't Wklel [W-
REC =1VED
0
3 =d7— /f
MP SE' ' ;c.�. WIRO
State ofNortL Caroline I Environmental Quality I Coasml Management
127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215
• i
I
�k4t
Spears, Courtney
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Friday, May 3, 2019 3:35 PM
To: Spears, Courtney; Coburn, Chad
Subject: [External] RE: CAMA Major Application: Miguel Echavaria
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov>
Hey -unfortunately I think this is one of about a handful that fell through the cracks. I was out sickthe last week of March
and still have not been able to catch up.
I'm sorry. I'll need to put this on notice for 291.
Liz
-----Original Message -----
From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov]
Sent: Friday, May 3, 2019 11:15 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Coburn, Chad <chad.coburn@ncdenr.gov>
Subject: [Non-DoD Source] FW: CAMA Major Application: Miguel Echavaria
Hey,
Comments on this one?
Thanks!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov>
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Simpson, Shaun
Sent: Tuesday, March 26, 2019 4:46 PM
To: Sarah.E.Hair@usace.army.mil; Coburn, Chad <chad.coburn@ncdenr.gov>
Cc: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: LAMA Major Application: Miguel Echavaria
Hello Liz & Chad:
Please accept this correspondence as the official distribution of a CAMA application from Miguel Echavaria for
development in New Hanover County. Attachments include: Field Investigative Report, narrative, application,
workplans, comment sheet and any other document specifically for you.
NOTE: Please complete the bottom portion of the comment sheet with your information and signature.
NO oversize workplans were submitted by the applicant
Please contact Courtney Spears at courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> or (910) 796-
7426 with questions or concerns.
Thanks,
Shaun
Shaun Simpson
Permit Support & Customer Service
NC Department of Environmental Quality
NC Division of Coastal Management <Blockedhttp://www.nccoastaImanagement.net/>
Spears, Courtney
From:
Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent:
Monday, May 6, 2019 3:52 PM
To:
Arnette, Justin R CIV USARMY CESAW (US); Spears, Courtney; Huggett, Doug; ethan
coble; fritz; HORTON, J TODD CIV USARMY CESAW (US); kathryn_matthews@fws.gov;
leigh mann; matt creelman; DCR - Environmental_Review; Owens, Jennifer L CIV
USARMY CESAW (US); pace wilbur, pete benjamin; Bowers, Todd; Twyla Cheatwood;
'John'; Coburn, Chad;'Ryan.L.Taylor@uscg.mil'
Cc:
Capito, Rachel A CIV USARMY CESAW (US)
Subject:
[External] CAMA Major/SAW-2019-00296/916 Bayshore Drive dock/Echavaria
Attachments:
SAW-2019-00296 916 Bayshore Dr_dock_ePN.PDF; Application and plans.pdf;
G o o g I e E a rt h_P l a c e m a rk. k m z
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.Spam@nc.gov<maiIto: report.spam@nc.gov>
All,
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport
for the subject project. The attached notice requests federal agency comments on this project by June 6, 2019.
The proposed construction site is located on an approximate 0.5-acre common area associated, with 5 residential homes
located along Bayshore Drive and Point Drive, within waters of Pages Creek, in Wilmington, New Hanover County, North
Carolina. Coordinates are 34.280711 N,-77.782649 W.
The applicant proposes to replace and expand an existing, private community docking facility. The original dock was
mostly destroyed by Hurricane Florence in 2018. A General Permit was issued by the NC DCM which authorized the
reconstruction of the access pier and a T-head platform. As currently proposed, the previously authorized (CAMA GP
#72817-D) elevated, fixed platform measuring 16' wide by 22' long "T-head" platform would be reduced to 16' wide by
18' long. Extending from this platform (one on the southeast side and one on from the southwest side) would be two 6'
wide by 18' long elevated fixed finger piers. Extending in a southerly direction would be four ramps/gangways (I
extending from each end and 2 from the middle) which would lead to four proposed floating docks, each measuring
approx. 6' in width by 20' in length extending perpendicular to the channel. Located on each side of the proposed
floating docks would be 5 boatlifts, each measuring approx. 13' by 13' resulting in a 5-slip docking facility (see Sheet 3 of
5).
Dredging is not proposed as a part of this project.
The facility is not located near the Corps federal channel.
Please see the attached field investigation report /application and plans for more detailed information concerning the
proposed project. A Google Earth .kmz file is attached for reference.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not
likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature of
sedimentation impacts during the reconstruction of the docking facility. The waters within the project area ARE
designated as PNA by the Division of Marine Fisheries, are classified as SA/HQW by the Division of Water Resources, and
are closed to shell fishing. SAV is not present and there are no shellfish resources within the project area. Average
water depth within the project area ranges from -2 ft NLW to -3 ft NLW within the proposed slip areas.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project
may affect, but is not likely to adversely affect the West Indian Manatee. The use of Manatee Guidelines may be
required as a permit condition. The project would have No Effect on any other federally listed species.
NHPA 106:
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and
the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and
records and the latest published version of the National Register of Historic Places and initially determines that no
historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit
area: therefore, there will be no historic properties affected.
Please contact me if you have any questions and please provide comments as soon as you can, or by June 6, 2019.
Thank you,
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair@usace.army.mil
910-251-4049
— 2
Received: 03/28/2019
State Historic Preservation CXftecooPER
MICHAEL S. REGAN
6.rcn.r
March 26, 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)
courtney.spearsOncIdenr.gov
SUBJECT CAMA Application Review
Applicant: Miguel Echavarie
Project Location: 916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Proposed Project: Reconstruct and expand an existing docking facility
BRAXTON DAVIS
lhrkt.r, th"W'. ft'mm,,(
MwWKe r
ER 19-1082
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 April 19, 2019. if you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
Due — 4/12/19
A- V'gOW
31bytI
This agency approves of the project only 0 the recommended changes
are incorporated. See attached
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Renee Gledhill -Earley
AGENCY State Historic Preservation Office
SIGNATURE
1 RECEIVED
q APR 0 5 2019
DATE r l DCM WILMINGTON, NC
SW f Non6 Cnwro. I Enw ud QwlRy, , Ca l Mamp nem
127 Cxdml D&e Fs Wiln*Wm NC 28405 9197967215 "AR 2 9 2019
N0(r
Spears, Courtne
From: Butler, Rodney A
Sent: Friday, May 3, 2019 2:27 PM
To: Spears, Courtney
Subject: There are no comments for this project RE: CAMA Major Application: Miguel Echavaria
Attachments: Echavaria comment sheet NO COMMENT.docx; project_report_cama_916
_bayshore_drive_adj_18316_18316.pdf
No comments for this project.
RODNEY A. BUTLER
Business Services Coordinator
121 West Jones St NISC 1651 Raleigh NC 27699
919.707.8603 office
BEENE
[EENE INC DEPARTMENT OF
fassss
sssss NATURAL AND CULTURAL RESOURCES
moss
From: Spears, Courtney
Sent: Friday, May 03, 2019 11:18 AM
To: Christenbury, Mike <mike.christenbury@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine
<Christine.HaII@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Harris,
David B<davidharris@ncdot.gov>; Butler, Rodney A <Rodney. Butler@ ncdcr.gov>
Subject: FW: CAMA Major Application: Miguel Echavaria
Hi all,
Please submit any comments you may have on this project as soon as you can.
Thank you!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spears(a)ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Simpson, Shaun
Sent: Tuesday, March 26, 2019 4:42 PM
To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Christenbury, Mike <mike.christenburv@ncdenr.gov>; DCR -
Environmental_Review <Environmental.Review@ncdcr.eov>, Butler, Rodney A <Rodney.Butler@ncdcr.aov>; Zeigler,
Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.eov>; Dunn, Maria T.
<maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>;
Humphrey, Jeremy <ieremv.humphrev@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Montalvo, Sheri A
<sheri.montalvo@ncdenr.gov>; Hall, Christine <Christine. Hall@ ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Cox,
Heidi <heidi.cox@ncdenr.gov>; Bouffard, Christine (CBouffard@nhcgov.com) <CBouffard@nhcgov.com>
Cc: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: CAMA Major Application: Miguel Echavaria
Hello All
Please accept this correspondence as the official distribution of a CAMA application from Miguel Echavaria for
development in New Hanover County. Attachments include: Field Investigative Report, narrative, application,
workplans, comment sheet and any other document specifically for you.
OTE; Please com iete the bottom ortion of t e comment sheet with our information and si nature
NO oversize workplans were submitted by the applicant
Please contact Courtney Spears at courtney.spears@ncdenr.gov or (910) 796-7426 with questions or concerns.
Thanks,
Shaun
Shaun Simpson
Permit Support & Customer Service
NCDepartment of Environmental Quality
NC Division of Coastal Manaaement
127 Cardinal Drive Ext.
Wilmington, NC28405
Phone: (910)796-7226
Shoun.Simpson@ncdenr.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.
VIV
Roy Cooper, Governor
INC DEPARTMENT OF
■ NATURAL AND CULTURAL RESOURCES. Susi Hamilton, Secretary
Walter Clark, Director, Land and Water Stewardship
NCNHDE-8898
May 2, 2019
Courtney Spears
NC DEQ
127 Cardinal Drive
Wilmington, INC 28405
RE: CAMA: 916 Bayshore Drive adjacent to Pages Creek. in Wilmington
Dear Courtney Spears:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
h ttos://www.fws.a ov/offices/Di rectory/ListOffi ces.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butlerencdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Q IZ W. JONES STREET. RALEIGH. NC 27603 • %S1 MAIL SERVICE CENTER RALEIGK NC 276"
OFC 9M7079120 FAX 919.707M21
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
CAMA: 916 Bayshore Drive adjacent to Pages Creek in Wilmington
May 2, 2019
NCNHDE-8898
Natural Areas Documented Within Project Area
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httos//ncnhde natureserve ora/content/help. Data query generated on May 2. 2019: source: NCNHP. 02 Apr 2019. Please
-
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
LAMA: 916 Bayshore Drive adjacent to Pages Creek in Wilmington
May 2, 2019
NCN H DE-8898
Element Occurrences Documented Within a One -mile Radius of the Project Area
Nd
36476 Haliaeetus
leucocephalus
Bald Eagle
2018 OY 18 1
E k' 2 Wgh BaId1G(
s T "� ijyEagl
f
F
Protec
Aci
Bird
19936 Passerina (iris
Painted Bunting
2017-08-01
AB
3-Medium ---
Freshwater Fish3893''Acipenser-'o iyrinchus
At antic Suogeon
201$ 09,
1daneg
oxyrinchus
Mammal
24390 Corynorhinus
Eastern Big -eared Bat
2006-Pre
E
5-Very ---
rafinesquii macrotis
Low
Mammal`y � 32126' Myotis septentrionalis�orthern,Long=eared
f99T4"0ost
—!5-v ry if reati
Bat'
j.�E�"�'
UtLl
Low
Mammal
17664 Trichechus manatus
West Indian Manatee
2018-08-13
E
5-Very Threat(
Low
Natural �®""`25571�
6rackisFi ' ars
002-f0.=21 B 4 ow °
Community
(Needle'rush Subtype)
Natural 10733 Salt Marsh (Carolinian --- 2002-OS-15 C 4-Low ---
Community Subtype)
a ural �. 29538 SaIEMMarsh (Carolinian --- 2002=10=2T: B� "'"`"�� High .: =
Community Subtype)
Vascular Plant 33832 Asclepias pedicellata Savanna Milkweed 1923-07 H 4-Low
I
I
Natural Areas Documented Within a One -mile Radius of the Project Area
MEW
Pages ,Creek Natural Area R4 (Moderate) _ CS (General) , _
Manaoed Areas Documented Within a One -mile Radius of the Project Area
Page 3 of 5
Special
G5
S2B
Concern
idani gered
2
'S2
Special
�4P 1R
G3G4T
S3
Concern
3
reatene
AiG1G2
$2
hreatened
G2
SIN
Concern
Vulnerable
'P
C
Definitions and an explanation of status designations and codes can be found at htto%//ncnhde.nattireserve.org/content/"help. Data query generated on May 2, 2019; source: NCNHP, Q2 Apr 2019. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 4 of 5
, N CNHDE4898!tCAMA,91,6j3aY§ftqf DVe,bdiac6ntAp:Pa e Ctce
k h WROington
Lj Pr6jwt,Bwnclary Ll managedAma,(MAREA)�
E] tBuffered Project Boundary
Natural Heritage Element-Occumence (NHEO)
LkK.P'NaVralAbea(NHMA)
Page 5 of 5
70 'Qwup, 19.65 ttkm
W<1
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
March 26, 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 spearscDncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Miguel Echavaria
Project Location: 916 Bayshore Drive adjacent to Pages Creek in Wilmington,
New Hanover County
Proposed Project: Reconstruct and expand an existing docking facility
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 April 19, 2019. If you
have any questions regarding the proposed project, contact Debbie Wilson at (910) 796-7266
when appropriate, in-depth comments with supporting data is requested.
REPLY: ✓ This agency has no objection to the project as proposed.r
"Additional comments may be attached" r<cc�++5•ncQ�h�
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 Me- rl � T• 1�4 n rn
RECEIVED
AGENCY 7IC+-JRC
APR 17 201g
SIGNATURE-� MP SECTION WIRO
DATE - - -).aid
Store of North Carolina Fsvim vw" Q @W I Coral Manvo t
127 Cwdi" Dove Ea, Wflmmi;L ,14C 29405 919 7967215
Roy Cooper, Governor
NC DEPARTMENT OF
NATURAL AND CULTURAL RESOURCES
Courtney Spears
NC DEO
127 Cardinal Drive
Wilmington, NC 28405
RE: CAMA: 916 Bayshore
Dear Courtney Spears:
May 2, 2019
Susi Hamilton,. Secretary
wafter cilark Dkrt L4nd and water Stewardship
Drive adjacent to Pages Creek in Wilmington
N CNH D E-8898
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached 'Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httos //www.fws.aov/offices/pirectory/ListOffices.cfm?statecode=37,
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodnev.butler bncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
RECEIVED
MAY 0 9 2019
DCM WILMINGTON, NC
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
CAMA: 916 Bayshore Drive adjacent to Pages Creek in Wilmington
May 2, 2019
N CN H D E-8898
al Areas Documented Within
anaged Areas Documented within the Project Area
ons and an explanation of status designations and codes can be found at httos-//ncnhde.natureserve.orci/content/help. Data query generated on May 2. 2019; source: NCNHP, Q2 Apr 2019.: Please
tit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 5
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
CAMA: 916 Bayshore Drive adjacent to Pages Creek in Wilmington
May 2, 2019
N CN H D E-8898
ant Occurrences Documented Within a One -mile Radius of the Project Area
19936
Passerina ciris
Painted Bunting
2017-08-01
37
Acipenser oxy rinchus
Atlantic Sturgeon
2018 09
nal 24390
Corynorhinus
Eastern Big -eared Bar
2006 Pre
rafinesquii macrons
nal' 32126
alis
Northern Long-eared
1994-Post
�
Ba
`
nal 17664
1 richechus manatus
West Indian Manatee
2018-08-13
29543
y
al 107.53
nunity
al 29538
nunity
filar Plant 338
Areas
Eagle
N
Protection
Act
AB 3-Medium
---
Special
G5
S2B
Concern
E 4-Low
Endangered
Encfi3n'
f_ S-Very
Special
G3G4T
S3
Low
Concern
3
E 5-Very
Threatened
T '
Low
S-Very
Threatened
Threatened
G2
SIN
low
Brackish Mar 2002-10-21 BC_
(Needlerust� 1
Salt Marsh (Carolinian --- 2002-05 15 C 4-Low
Subtype)
Salt Marsh (Carol(' C
Subtype)
Asclepias pedicellata Savanna Milkweed 1923-07 H
.Zi
M
0
One -mile Radius of the Project Area
Within a One -mile Radius of the Project Area
--- --- G5 S4
Concern
Vulnerable
Page 3 of 5
ons and an explanation of status designations and codes can be found at httns//ncnhde natureserve oro/content/heln. Data query generated on May 2, 2019; source: NCNHP, Q2 Apr 2019. Please,,
your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
'
�r
Page 4 of 5
VCNHDE-8898: CAMA: 916 Bayshore Drive adjacent to Pages Creek in Wilmingtor
J
r
1N T tip,—
Z _..
O wA
K* 2, 20L19
O
Prefect Boundary U Mat aged Area (MAREA)
DBuffered Project Boundary
nE) Natural Heritage Element Occurrence (NHEO)
® NHP Natural Area (NHNA)
0 0.115 0.35 0.7 ml
0 0275 0.55 1.1 km
Fo , N. kin. HEHE. aymn. IMwmW. +K/w�eM F CaV.. UtBI.'(1. IISGS.
FAO. NEW NRfJ (CamBa�e, ), r OpG *# ONnaKe Scary. Esn.4pn.
U. Eat fA mare K B). (�I OP�R M cwtEutrs. rM Uie. 013
u.w cormxniry
Page 5 of 5
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129 Point Dr
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to 5 Owners
916 Bayshore Dr
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Brown
914 Bayshore Dr
li`: •? "') 2019
DC m-MHD CITY
\ Hovermail Trust
\ 125 Point Dr
NLW 0.0 NHW
PREVIOUSLY
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916 Bayshore Dr
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i
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914 Bayshore Dr
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125 Point Dr
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916 Bayshore Dr
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914 Bayshore Dr
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125 Point Dr
/
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WILMINGTON, NC
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129 Point Dr
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WILIANGTON, NC
Boreland
129 Point Dr
\ - Edge of Marsh
Coastal Wetlands
NHW
x
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916 Bayshore Dr
NHW
Brown
914 Bayshore Dr
Hovermail Trust
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914 Bayshore Dr
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914 Bayshore Dr
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to be Demolished
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