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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 J �� - chi scc�4e d 131 AAA' La v 3k issue. w j p� �_ kc Dn c�n.tvl.2rr(- G�tG1,v� � vicol�Si sk-C,v1�-) . re vl el 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 0t, a ■ 00t . �00t 90 eot tot 201T f ■ �201:29• 2 ■N 1871 Ownership Information: PID: R037174OW 14M MAPID: 316912.75.7641.000 ETA%Link Onnershlo BAYSHORE 5 WATERFRONT OWNERS 918 BAYSHORE DR WILMINGTON. NC 28411 Desorption 5 TR A BAYSHORE HARNETT Municipal Ana: FD Acres: 0.49 Zoning: R•15 Class: RES Sq Ft Living: 0 3■ �� PID: R03717-00}010uM 34 sM` MAPID: 316912.75.6787.000 ■ 10D / �n ,. . 6422 29 b Ownership Information: b�j PID: R03717-003-009-000 80 t MAPID: 316912.75.7866.000 ETAX Link 90t \ 012 t —1002 Ownership ■ 01inb ECHAVARRIA MIGUEL A 922 BAYSHORE DR 3694 0 • It: WILMINGTON, NC 28411 _ .�02 278.82 Descopoon LT 189 SEC 5 BAYSHORE EST 1 �■ {qps ■{� • � 0wnaahip Inlw tbn: a31 PID: 803717-003-008-000 MAPID: 316912.75.9900.000 LTexList 11D2t tl ip ram', HEGNPTnwJEru 926"S ED Rlt WMINGkC 10611 Municipal Ana: FID ♦ 12ms s Acres: 100t Zoninning:: R-15 j, Clare: RES 2 t :' Sq Ft Living: 2703 1 t ,ors Zoom to ... i--,\ t BIa lraa/ 328.85 ■ 355 t zee.est • \ a Dus—pnon IT 190 SEC 5 BAYSHOW MAM �. 1 Acna:Mcni.75 0:a:PD .75 / h Zenmq: t.15 Cl..: RES Sq R Lw,n : 2715 2�rstq / • /439.2— 492�9MaD1 mast r' e Name as�� Ae i m 4 268.65 It RECEIVED JUN 2 5 2019 DCM-MHD CITY nb 1 • 10.030 B01 • 413, Owncraldp hdamuHon: PID: R03717403007-000 y MAPID: 316912.75.9736.000 •• ETAXliok Ownership • ROB9lT AJENNRBt L 19I 11133 � 133 POINT OR POINT DR WILMINGTON, NC 28405 3112 Descipuon • LOT 191 SEC5 BAYSNOIE EST M.ma,l A,..: FD 0.57 XApa Z.ni : R-15 Clip: RES Sq Ft UIv 9: 2752 mJm3 1009 �3F • 33ti1 •: Ownerzhip Information: PID: R03717-003406000 191 A 11MAPID: 316912.759665.000 3l/2IT fle 6t 31111 Ownership BORIAND KATHRYN T 129 POINT DR WILMINGTON, NC 29411 9 39i iDeurpno, LT 192 BAYSHORE EST SECS MuniJpclArc.:FD Amu 0.73 Z.ii ; R-15 Clus: RES Sq Ft Lying: 2020 Zoom,o 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: (�Ru c 6 (ACVS- Q\A ALE 1�1Z-Qt 3�t`1 s-rR6c� 5Vrs5'Gi (3�-`'El gy(o� IIIIIIIII I'll I'Illlll I IIIIIIIIIII I IIIII IIII III 9590 9402 4208 8121 9575 51 k.�7, ( () C1 Agent Is dell ery ad res ifterent from n11? uO No If YES. enter del' CL FFB 1 5 7019 Service Type❑ Pnonty Mail Express® Adult Slgnare Signature Restricted Delivery F ❑Rgitered Meil*Adult ❑ F jetered Mall ResMcted CeNtled Mall® Mall RasMaled Delvery DellliveryCedlrred ❑ March Rdise for Merchandise ❑ Collect on Dellvery ❑ Si nature Conflrnation'- _ n r..11--• �n Delivery Restricted Delivery 9 ❑ Signature Confirmation Aet 7018 0680 0000 3602 0223 over y500l R"tdcted Delivery Restricted Dellvery 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. wl1.LtAs^ i E1,12-OCTR Ri26WnJ ` %q aA\45 RDVE VZ WI�.M�NU-�tstiLJt1�G Z�a�ll IIIIIIIII IIII IIIIIIII I IIIIIIIIIII i III IIIII I III 9590 9402 4208 8121 9575 68 2. A=16 rvumoe, .._... _- 7018 0680 0000 3602 0230 PB Form 3811. July 2015 PSN 7530-02-000-9053 A. S��ignnayawre is B. Received by D. Is if Domestic Return Recelpt i ❑ Agent ❑ Addressee C. Date of Delivery ffee(tnn Rem 17 ❑ Yes 5s't1elow: ❑ No FEB 15 2015 $ervlCO Type ❑ prloritY Mall Pxpresse ❑Reggistered Mail'" Adult Signature Adult Signature Restricted Delivery ❑ ROepitryred Mall Restricted Cadlged Ma110 Cenllied Mall Restricted Delvery D Retull m Reodpt for Merchandise Collect on Dellvery Collect on Dellvery Restricted Delivery D S' nature Confirnation" D Signature Confirmatlon red Mail ad Mall Restricted Dellvery Restricted Delivery 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 low'L,. r F-7 1V V t L -' Boreland 129 Point Dr Edge of Marsh NHW Coastal Wetlands Common Area to 5 Owners 916 Bayshore Dr NH' Brown 914 Bayshore Dr li`: •? "') 2019 DC m-MHD CITY \ Hovermail Trust \ 125 Point Dr NLW 0.0 NHW PREVIOUSLY AUTHORIZED WORK GP #72817 Edge of Marsh -1_3_ E. Pier & Docks, f to be Demolished P. FixedPlatform -------- --------------- �— P. Fixed Pier To , -'-�...• NLW - • \ � 0y \ v illl-Z j- E. Neighbors Pier i NLW 4.0 'Y m 1 -4, ti - P. Floating Docks P. 4-Piling Boat Lifts DCM M 4 R Boreland 129 Point Dr NHW \\ 10 \ \ - Edge of Marsh Coastal Wetlands NHW x to Common Area to 5 Owners 916 Bayshore Dr NHW i Brown 914 Bayshore Dr Hovermail Trust / 125 Point Dr / \ NLW jpjo y/ W � / E. Pier & Docks, to be Demolished Edge of Marsh / P. FixedPlatform ------------ 166 ft ------------- ------------- P. Fixed Pier / Pto a \l1ei' �•• NLW ------------------ '77 Jp jJJ ., _________________•r�����j�/ / E. Neighbors Pier \ NLW IZ 5 -4.0 \ j Gangways \ h �m P. Floating Docks P. 4-Piling Boat Lifts 04 2019 ,NC ai m °p o a V O y N C TU M Z L A C c N ° ^� oo��m � N _ m 3 o O1 N\ m in 1O 0 c m a 0 a ry .i Yl Z 0 C N E ? V. E m C u°O ti E O1 3 Boreland 129 Point Dr \ \ Edge of Marsh Coastal Wetlands NHW Common Area to 5 Owners 916 Bayshore Dr NHW Brown 914 Bayshore Dr Hovermail Trust 125 Point Dr / NLW 0.0 s NHW / E. Pier & Docks, to be Demolished Edge of Marsh / / P. Fixed Platform -- ----- ---- ------ ------ ---------------- - ---- — 166ft-------- R / P. Fixed Pier I2�,, / F/ a NLW / y 0.0 o / E. Neighbors Pier / NLW ---- / - J 3qh 4 RWAi F Gangways ays / \ WILMINGTON, NC Boreland 129 Point Dr \\ - Edge of Marsh Coastal Wetlands N W/ / x �O Common Area to 5 Owners 916 Bayshore Dr NHW Brown 914 Bayshore Dr 711\�dl FHovermail Trust \ L 125 Point / / NLW — j E. Pier & Docks, to be Demolished Edge of Marsh / / P. Fixed Platform ----------------------------------- --- _------ / P. Fixed Pier / ,tV`l�- etti— Ptp - �_- NLW — QI � :ff 7- T 7-------- -------- jyZ /7yj� -- -- / E. Neighbors Pier / NLW 5 34 ft 4 rs� P. Floating Docks -1.0 - _ P. 4-Piling Boat Lifts -2.0 k;q -3.0 Eq ooy Al /NTs� 40 DO h co -- --� "a 5.0 -4.0 -5.0 -4.0 04 2019 WILIANGTON, NC Boreland 129 Point Dr \ - Edge of Marsh Coastal Wetlands NHW x Lo Common Area to 5 Owners 916 Bayshore Dr NHW Brown 914 Bayshore Dr Hovermail Trust \ �125 Point / / NLW NHW PtogeO 4 `\ j E. Pier & Docks, to be Demolished Edge of Marsh / / P. FixedPlatform / ---------------------------------- - ------------------- ___ - 166ftr 'j - ----;--------------- / P. Fixed Pier / Pt° e�nr,— / NLW------------- — / --------------- Z � Q` -� � - / E. Neighbors Pier NLW I / I? 5 L-a b Gangways h P. Floating Docks P. 4-Piling Boat Lifts 40 IN h aJ� ~yd -5.0 rL N. NC v m 00 0 d V � C V H Z 10 c m E O1 > N m 3 o+ N W n N a u H � c 0 a N ei y 000 1 � N Q Z r H C O E T CO E: m V N E o+ 3 41ft Waterbody 200'(NTS) RECEIVED APR 0 2 2019 DCh9-PVIHD CITY RE M, DCM V' v m o rs a u a' 0 J C 00 N J N a Z r C t y M N OY O O C O J� EO1 N — to 3 o m o � 'i N � U N � N C O U W H O1 Vf N L "q >g v- d 0 N Z O E >« E m EI�S� m 3 a r i � «i* _ 4 t t Y. .j 4^ f X Boreland 129 Point Dr LJ 1 \ I r��1s 4a Common Area to 5 Owners NHW Brown 914 Bayshore Dr v m o a V � J W p C J N V V N m O 2 C °^+ CL �� 00 >, N fL O .O1i N u N ,y e4 N N N U VI jp � u LL 0 c c .N w ry ti v ry 'a o ° 7 L C E o E m m R� A/E Mc Boreland Hovermail Trust 129 Point Dr 125 Point Dr NLW — NHW- proPe�' - a, M' Edge of Marsh Coastal Wetlands E. Pier & Docks, to be Demolished 'NH w Edge of Marsh / P. Fixed Platform :\\ x Io Common Area to 5 Owners 916 Bayshore Dr NHW Brown 914 Bayshore Dr - -_ —166ft I P. Fixed Pier euni iVeo NLW \ h/ \ C/ / E. Neighbors Pier J 4 NLW / 0.0 N QRTH -1.0 f \ \ iv m o a ry u O1 O 0 N a ), lJ m L a°+ rtlpj m� mp 00 O E y �o'E m mrv3 m N 0 m Y N � a O) N n i ° N L N n � Q # N y 0 0 a N ti yl 00 a p` ry L 2 O j L C E > o E m c CEOM® 3 l 2019 Brown 914 Bayshore Dr RECEIVED APR 0 2 2019 DCM-MHD CITY VO u 1 b \ Gangways / I: J : - P. Floating Docks — P. 4-Piling Boat Lifts (Nrs� • is -4.0 REC, MAR DCM �f ' pID v m o a m V m0 y � N m Z rl J E O1 n m 3 o m .ti N � N N v N Y U N ry Q 00 C Y u � O d a H ry O a 0 d` N ti � N a 0 Z E O � t � r o TF�iiw m ° E V � m 3 Boreland Hovermail Trust 129 Point Dr �\ 125 Point Dr ve Edge of Marsh V'/�Coaslta l Wetlands NHW Common Area to 5 Owners 916 Bayshore Dr NHW Brown 914 Bayshore Dr NHW 51rw�la� Ft 4 - • °il � l:Qii� 4� E. Pier & Docks, to be Demolished Edge of Marsh / P. FixedPlatform - ------------ ----__- 166 ft I / P. Fixed Pier / pto ,s _ NLW oW \ _ R E. Neighbors Pier / NLW NLW f -q" JW A WA AS — Gangwaysft , ti v P. Floating Docks RE EIVED P. 4-Piling Boat Lifts J N 0 4 2019 /N;,S DCM ILFMNGTON, NC d m m c a .ti u c a N a ;MZ �M�� O C N C bbo0 y T N — m 3 rn ry 00 W to N A a 0 a N 'i QZ EN C O >, i= U N E O1 3 Boreland 129 Point Dr Edge of Marsh Vs'/�Coal,al Wetlands NHW /////// it: to Common Area to 5 Owners 916 Bayshore Dr I II:LT.4 Brown 914 Bayshore Dr Hovermail Trust 125 Point Dr NLW 0.( NHW ?to?0 W i - / E. Pier & Docks, to be Demolished Edge of Marsh / / P. FixedPlatform / ------------------- ------------------------------- ---- ---- 166ft I _________ --------------; / P. Fixed Pier / NLW — E. Neighbors Pier ;� NLW l Gangways , I � I I I ti I2 �ti emm -4.0 do o` 4 �` QQ Q ti0 � 0.0 5 • ti d 3q h P. Floating Docks 1.0 -2.0 �k, PA -Piling Boat Lifts R CEIVED 3.0 AIR opy r UN 0 4 2019 40 DC WILMINGTON, NC h mm -5.0 -4.0 y m h0 p � o � � a u i N c > N z Z m c cN 0^� Obo a C �o'Eat m N 3 a+ N W I I ry rl N d u In p c m a 0 a N .•i T O Z L C > E E Co c u° ,10, E •