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HomeMy WebLinkAbout74-19 Davis, Lawrence & BertPermit Class Permit Number NEW 74-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission RECEIVED Permit OCT 22 2019 for X Major Development in an Area of Environmental Concert CM-MHD CITY pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Lawrence & Bert Davis, 43 Pipers Neck Road, Wilmington, NC 28411 Authorizing development in New Hanover County at adi. to Banks Channel/Middle Sound, at 43 Pipers Neck Road, Wilmington , as requested in the permittee's application dated 12/23/18, including attached workplan drawings (3) Sheet 1 and Sheet 2 both dated 05/24/19 and a survey dated 01/30/19. This permit, issued on October 11, 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 fines, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead 1) The authorized bulkhead shall be constructed in the same alignment as depicted on the attached workplan drawings. 2) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) The bulkhead shall be constructed prior to any backfilling activities. (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or om 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. Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Iftnature of Permittee+- Lawrence & Bert Davis Permit No. 74-19 n- Page 2 of 2 Ay ADDITIONAL CONDITIONS 5) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 7) All backfill material shall be clean and free of any pollutants except in trace quantities. Sedimentation and Erosion Control 8) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 9) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 11) 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. 12) 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. 13) No filling of open water or vegetated wetlands outside of the alignment of the fill area indicated on the workplan drawings 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 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 Action ID No. SAW-2019-001744. North Carolina Division of Water Resources assigned the proposed project DWR Project No. 2019-0931. NOTE: An application processing fee of $400 was received by DCM for this prq§gwywalso satisfied the Section 401 application processing fee requirements of the Division of Water Resources. OCT 2 2 2019 DCM-MH Processing Notes Applicant: End PN/Comment Deadline: 75 day deadline: 30 Day Comment Period: on hold: off hold: (W(VILik 150 day deadline: OLO Gt �"' 1f• ✓i1t pry _V" C6,0t "'w4 • �wvi el �d P. y c el /3��1�i�. e r 9/ 4 /1-s-cv eX1 Lt+�6 (A44 mod) der nn i eQ Vj ESQ S 110 Issued: DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Lawrence & Bert Davis PROJECT NAME: Lawrence Davis COUNTY: New Hanover LOCATION OF PROJECT: 43 Pipers Neck Road, Adj to Figure 8 Channd DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5.29-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: FVdson DISTRICT OFFICE: WII.MINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: 1 D FEE RECD: $400 (60/40)#118 APPLICATION ASSIGNED TO: Spews PUBLIC NOTICE RECD: 7-13-19 END OF NOTICE DATE: 8-3-19 ADJ. RIP. PROP NOTICES RECD: DEED REC'D: Yes C) 75 DAY DEADLINE: 8-12-19 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 7-10-19 STATE DUE DATE: 8-3-19 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep 0\ Local Permit Officer DCM 3 119/111 X DCM — LUP Consistency Determination LL R 61 X Gp� S 1 { h f Rural Development Division 2 DEMLR — Stormwater & Sed/Erosion I'h DWR-401 X LD f9 —0�1 DOA — State Property Office W10/tolX DMF — Shellfish Section lG) NCDOT DMF — Habitat & Enhancement Z�IIa� I T DWR— Public Water Supply USACE — Regulatory ID I L /10) DNCR — Archives & History DNCR — Natural Heritage Program WRC — Wildlife Resources Commission X DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Lawrence & Bert Davis PROJECT NAME: Lawrence Davis COUNTY: New Hanover LOCATION OF PROJECT: 43 Pipers Neck Road, Adj to Figure 8 Channel DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-29-19 RECEIVED JOL 1 S 2019 D W-MHD CITY 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 REC'D: S400 (60/40)#118 APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REC'D: 7-13-19 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 8-12-19 END OF NOTICE DATE: 8-3-19 DEED REC'D: Yes 150 DAY DEADLINE: HOLDS: MAIL OUT DATE: 7-10-19 STATE DUE DATE: 8-3-19 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Local Permit Officer DCM DCM — LUP Consistency Determination Rural Development Division DEMLR— Stormwater & Sed/Erosion DWR-401 DOA — State Property Office DMF — Shellfish Section NCDOT DMF — Habitat & Enhancement DWR—Public Water Supply USACE — Regulatory DNCR — Archives & History DNCR — Natural Heritage Program WRC — Wildlife Resources Commission RECOMMENDATIONS FOR Lawrence Davis 712119 The proposed bulkhead alignment appears to be consistent with 15A NCAC 07H.0208(b)(7)(D) which states that bulkheads shall be permitted below normal high water only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; (ii) the bulkhead alignment extends no further below approximate mean high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; (iii) the bulkhead alignment will not result in significant adverse impacts to public trust rights or to the property of adjacent riparian owners; (iv) the need for a bulkhead below approximate mean high water or normal water level is documented in the Field Investigation Report or other reports prepared by the Division of Coastal Management; and (v) the property to be bulkheaded is in a non -oceanfront area. The alignment should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners since the proposed bulkhead would tie into the existing adjacent bulkheads. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for upland development. RECEIVED JUL 18 2019 DCM-MHD CITY ROY COOPER Gomn" MICHAEL S. REGAN rel,ll., BRAXTON DAVIS DiM pr. M IShus Qri'&w"1 .M(//IO,QNIIMR July 10, 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. soearsCa2nW enr.", SUBJECT: CAMA /Dredge 6 Fill Application Review Applicant: Lawrence 6 Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington New Hanover County Proposed Project: construction of a new timber bulkhead 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 August 3, 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��� AGENCY rtJ /� r/LIrZ SIGNATURE DATE Sara orNatth Cwlom ' Fivnomm W Q= ity l C Ml Memgen nt 127 Cadiml Drive Fat, WRmingto4 NC 28405 919 796 7215 RECEIVED JUL 10 2019 QCM WILMINGTON, NC MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applicat n, Lawrence Davis - New Hanover County Date: August 6, 2019 Lsr roject is consistent with the 2016 New Hanover County Comprehensive Land an. The applicant proposes to install a new timber bulkhead. The project is located at 43 Pipers Neck, adjacent to Banks Channel and Middle Sound, Figure Eight Island in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES and PTA. Waters at the project site are classified as SA ORW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection and Conservation. In general, New Hanover County allows development in Resource Protection and Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, including those for marinas and community boating facilities. However, none of these policies appear to be applicable to this project. This project is consistent with the 2016 New Hanover County Land Use Plan. File ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS Onrcto, 1) ...on nJ['uavul Af,n,g.... ... I July 10, 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) cou rtnev. spears(cDncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Lawrence & Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington, New Hanover County Proposed Project: construction of a new timber bulkhead 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 August 3, 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 1h RECEIVED AGENCY /V� f'. !JT � *-kma/i�. 2 JUL 2 3 )WO SIGNATURE — V DCM WILMINGTON, NC DATE 7 ` 2- 3 1 / I State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Gi ,Wnmr MICHAEL S. REGAN tiraearry NORTH CAROLINA Environmental Quality July 10, 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(fDnodenr.cov SUBJECT CAMA/Dredge &Fill Application Review BRAXTON DAVIS 1)Aenor, Dmsitm , j("Woal :Nan4gemnn Applicant: Lawrence & Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington, New Hanover County Proposed Project: construction of a new timber bulkhead Please indicate below your agency's position or viewpoint on the ro osed i',ect 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. - Dan Sams - DEMLR IFNj4 6.i l; , RECEIVED JUL 11 2019 im July 11, 2019 DCM WILMINGTON, NC State of North Camlim I Environmental Quality I Coastal Mamgement 127 Grdinal Drive Ent., Wilmington, NC 28405 919 796 7215 DocuSign Envelope ID: 4A1 D359D-64E14C43-9EA54205016CFEDC NORTH CAROLINA Envirunmenful Quali.v July 10, 2019 MEMORANDUM: ROY COOPER Cocernnr MICHAEL S. REGAN Secretory BRAXTON DAVIS Director, Diivsion fC'oastal Alanagemenr 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(o)ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Lawrence & Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington, New Hanover County Proposed Project: construction of new timber bulkhead Please indicate below your agency's position or viewpoint on the ro osed ro'ect and return this form to Courtney Spears at the address above by U uSt 3 2Ot9. 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. .RINT NAM Morelia Sanchez -King AGENC _DWR E lened by: SIGNATiUR IdAC7DCd34... m 9/3/2019 RECEIVED SEP 0 3 2019 DCM WILMINGTON, NC -- State ofNorth Carolina I Environmental Quality I Coastal Management - 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 DocuSign Envelope ID: 4A1D3590-64E14C43-9EA5,205018CFEDC ROY COOPER Governor NUCHAEL S. REGAN s=awy LMDA CWEPPER rMiertor NORTH INA Eo &vnmaakr( L[A' September 3, 2019 New Hanover County DWR Project: 2019-0931 Mr. Lawrence Davis Mr. Bert Davis Davis 43 Pipers Neck Road Wilmington NC 28411 Subject Property: Davis 43 Pipers Neck Road - Wilmington Approval of 401 Water Quality Certification with Additional Conditions Dear Messrs David & Davis, You have our approval, in accordance with the attached conditions and those listed below, to impact approximately 850 square feet of open waters to install a new timber bulkhead as described in the application received by the N.C. Division of Water Resources (DWR) on July 10, 2019, with additional information received on July 18, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC4175). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://Portal.ncderir.org/web/�wa/sMM/ws/40 I/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of tin. If SEP 0 3 2019 D_E North Camllna Dm epaMneofEnvlrom malQpallry I DwP9 NVYatlfKRSua QT0N, NC -%Tir ngron Reglonalofflce 1127CarNnalDNve Extension IigNNmrngmn Nardi ufba 26405 lVV910.796MI`----- DocuSign Envelope ID: 4A1D359D-64E74C43-9EA54205018CFEDC Page 2 New Hanover County 2019-0931 you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name { 15A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise. at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms 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 a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than DocuSign Envelope ID: 4A1 D359D-64El4C43-9EA54205018CFEDC Page 3 New Hanover County 2019-0931 the Division -may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittec/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: httD://Dortal.ncdenr.org/web/wq/swp/ws/401 /certsandpemlits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted. in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office -of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) �pYEIVm alowith any SEP 0 3 2019 DCM WILMINGTON, NC DocuSign Envelope ID: 4A1D359D-64E14C43-9EA54205018CFEDC Page 4 New Hanover County 2019-0931 applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and_5:00 pm, excluding official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad. Cobumancdenr.eov. Sincerely, CDocuftne by;s �i4 E3ABA74AC7OC434 Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4175 cc: Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email) Courtney Spears — DCM Wilmington (via email) e ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS July 10, 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. soearsAncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Lawrence & Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington, New Hanover County Proposed Project: construction of a new timber bulkhead 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 August 3, 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 W wli 4 �I ai AGENCY ""CL& &4fLktq 1 SIGNATURE �try RECEIVED DATE + �a' o2di� JUL 18 2019 Sme of North C=hm Envuonm ) Qualityi Coastal Management 127 Cw&W Drive Em., Wilmington, NC 2W5 9197961215 CC.",1 WILMINGTON, NC e NORTH CAROLINA Environmental Qualm, July 10, 2019 MEMORANDUM: ROY COOPER Gnrmar MICHAEL S. REGAN S11-raq, BRAXTON DAVIS Directnq Div rLm nj C, coral :14nna}amom 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.soearsOncdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Lawrence & Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington, New Hanover County Proposed Project: construction of new timber bulkhead Please indicate below your agency's position or viewpoint on the I ro osed ro ect and return this form to Courtney Spears at the address above by U 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 0 NC DMF - Shellfish Sanitation QgitohEy_ for Shannon Jenkins 7/ 10/2019 State ofNoith Carolina Environmental Quality[ Coastal Marngement 127 Cardinal Drive Fan., Wilmington, NC 28405 919 796 7215 vtScolED 0-11101 W1�NdNGS�N, ttC ROY-COOPER 1 V `MIOIAEUS:!,REGANI j NORTH CAR0T1'WA-'­' July -10,2 T FROM -Courtney 'Spears i.Assistarit M8Ior,Pemft_C6ordIn4t6r, NCDEQ = Division of Coastal Management .. .... . 1V dardinal-Drive -Ek, Wilmington; NC 28405 -,910 E4 l* 643 -395-39 (Courler -Courtnsv;soeafs(c0dden SUEMECT" - CAMAIDreqg , 9 A I F911 Ap p#caftion Review Aopflcanti. Lawrence & Batt Daids., Project Location : 43'Plpars,Neck Road ,,adjacent *1o'Fijdra4 Channel Wlftningtto4n, winel, tn� .,_N6w-HanoverCountj­, 'Proposed_Project: a'ne YMN9rbulkhead' 7 Please indicate below you r a gen cy's,position,brviewpoifit on the proposed p _,roject - and , retum-this form to.Courtney.Soe, ' 1 -ars at the address above by August ;, 2019i if you ' have any:quasfiori,slregardlng the proposed project, contact Debbie Wj`6o6 ii(6T6)79&7268�, "when .comments with supporting data -is requested., appropriate in-depth This obje6ti agency as no 8 h objection tqth projectas ---''-_2"Additional comments may be attached"*.._-.., A --�)16 qgergkaj0n1 -com- men onhey_t proposed project. This agency qpproves of the project only if,the recommended changes are incbrpora ad. See attached," This agency objectsitc-the,projedt for reasons described in the attached comments, PRINT NA 'RECEIVED YINkTURE JUL 2 9 2019 LPAT 7 �­F State ofNaA Czr6lma I Pnftownental Quality leoaslalhiwagenf&d 127 cardinal Dri 7215 - 00 ROY COOPER MICIIAEL S. REGAN BRAXI'ON DAVIS July 10, 2019 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(o)ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Lawrence & Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington, New Hanover County Proposed Project: construction of a new timber bulkhead 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 Allidglit aii 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: V 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 _ MPJK Gown AGENCY p4 B - Pub(,C wol e! SJOgol SIGNATURN —Ma -6V v, DATE -7' I iq 4 RECEIVED JUL 15 2019 COM WILMINGTON, N-. S,xtc or\onh Carolina Enxironnneml Quality Coaxal Management 127 Cardinal Dn%e Ext.. Wilmington, NC 29405 919 7% 7215 tagard CAPCO01, MEMORANDUM., CAMAIDtet Aporicarit. FojrpftCoCati6ii` 43, P-&[ M '(Vero Ajffdw Rropj edlPirbj6dt awstruc.ton, REFL.Y. This, "AI GI This Thik I. 7 =MTCKARLS,'.AEGANI BRA,XT0 . N DMVM' 'Alrcrtw-4. gim adi4obit tq Channet; 6 Wlljpjngion, 'if Yiw 796.-72661 recommended -changes - tescribM0 in theattachedOpMrrjqnts. RECEIVED JUL 3 0 `019 MP SECTION WIRO Spears, Courtne From: Crumbley, Tyler A CIV USARMY CESAW (USA) <Tyler.A.Crumbley@usace.army.mil> Sent: - Monday, September 16, 2019 12:08 PM To: Arnette, Justin R CIV USARMY CESAW (USA); Spears, Courtney, Ethan.J.Coble@uscg.mil; fritz.rohde,, HORTON, J TODD CIV USARMY CESAW (US); kathryn_matthews@fws.gov, Matthew.K.Creelman2@uscg.mil; DCR - Environmental -Review, Owens, Jennifer L CIV USARMY CESAW (USA); Pace Wilber - NOAA Federal; Pete Benjamin; Bowers, Todd; Twyla.Cheatwood@noaa.gov, John; Coburn, Chad; Ryan.L.Taylor@uscg.mil; Amico, Patrick J Cc: Capito, Rachel A CIV USARMY CESAW (US); Hair, Sarah E CIV CESAW CESAD (US); Crumbley, Tyler A CIV USARMY CESAW (USA) Subject: [External] CAMA Major / SAW-2019-01744 / 43 Pipers Neck Rd. / Bulkhead / Davis Attachments: Davis Bulkhead.kmz; Davis.bio.narrative.app.drawings_Reduced.pdf,- ePN_SAW-2019-01744_43 Pipers Neck Rd Bulkhead-Davis-1.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> All, *Please note the abbreviated review period for this proposal. This proposal would normally be considered minor and authorized under a General or Nationwide Permit. The amount of material below OHWM precludes the usage of those, and therefore requires additional review. 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 **October 1, 2019** The applicant proposes to install 110 If of new timber bulkhead with approximately 850 sq. ft. of open water fill on an eroding shoreline at 43 Pipers Neck Road, on Figure 8 Island, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.253425 N,-77.763611 W. Additionally, a Google Earth .kmz file is attached for reference. _ Please see the attached Bioreport/CAMA application for more detailed information concerning the proposed project. The project as proposed would tie into adjacent property bulkheads and be flush, so as to eliminate further erosion potential. 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 small size of the project area and temporary nature of sedimentation impacts. No impacts to coastal wetlands are proposed all impacts are to open water. The waters within the project area are not designated as PNA. SAV is not expected to be present based on the field report and aerial imagery of the project location. 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 will not affect species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. A no effect determination has been made for all species. 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 October 1, 2019. Thank you, Tyler Crumb(ey, PWS Regulatory Division U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax:910-251-4025 Email: tyler.a.crumbley@usace.army.mil Vl,' & ROY COOPER MICHAEL S. REGAN ,- ,%.4 BRAXTON DAVIS July 10, 2019 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington,: NC 28405 Fax: 910-395-3964. (Courier 04-16-33) courtney.soears(a.ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Lawrence & Bert Davis Project Location: 43 Pipers Neck Road, adjacent to Figure 8 Channel, in Wilmington, New Hanover County Proposed Project: construction of a new timber bulkhead 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 August 3, 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 W &*, a a [4' j) i Qr J AGENCY "l�I.CJ�.� PINCEN01 SIGNATURE pL, ; I o�0U AUG 15 2019 DATE g - " 2 0 q DCM WILMINWONa NC State ofNonh Carolina ' Environmental Quality I Coastal Managemmt 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 Spears, Courtney From: Crumbley, Tyler A CIV USARMY CESAW (USA) <Tyler.A.Crumbley@usace.army.mil>. Sent: Friday, October 11, 2019 10:20 AM To: Spears, Courtney Cc: Coburn, Chad Subject: [External] Conditions for SAW-2019-01744 / 43 Pipers Neck Bulkhead CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> 1. Dredging is not authorized. 2. 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 (USAGE) prior to implementation. 3. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 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 Quality at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be 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. 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 Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Tyler Crumbley, PWS Regulatory Division U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 Email: tyler.a.crumbley@usace.army.mil DCM Coordinator:/&J t) Permit #: 7" ? MAILING DISTRIBUTION SHEET e- DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington _ Wilmington /orq ao" US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov H" Cox (WIRO) Shane Staples f " David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler Fax Distribution: Permittee (NCDOT) Travis Wilson Major Permit Fee Schedule Project Name: pc County: Check No & Amount: �ivirev�c� �c�V tS �3�1 e(z Nlk(i ll� I 4CV Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Pnvate, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. 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 concems related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applied:,$400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. RECEIVED JUL 18 2019 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 5/30/2019 Camp Davis Lawrence and Bert Wells 118 $400.00 major fee, 43 Pipers Neck Rd, TP rct. Davis Fargo Bank Wilmington NHCo SPLIT 60/40 8270 � W > U o ro � = W � __ 5 ;3 MwLi APPLICATION for Major Development Permit post.,.- lawmei North Carolina DIVISION OF COASTAL MANAGEMENT !. PrWotyApp>icant(LandownwhNonnatbn - - ---1� BLminm Name Ptojad Name Ofapoirable) Appliant l; FYat Name MI Last Name CI.JfCc zztt is ApOxant.Z Fast Name W Lag Name joavff If eddtlooW eppik"S, proaW aftCh an addMonal paW(5) atfhh names Merl. Maling Address PO Box City -_.._ Staft *3 plhek'x 'e(�Orek Ad, I l(%iI 4 /n fit �. ZIP I k Coontryry Phone No. 36-,,, y3- VAX No. Stnwt Address (if different hom abero) City Ste& ZIP Emai 7 J / !t( C&M 2 AgimtlContraclor Information Business Name / f. AganV Conamdor 1. First N MI Last Name /^ AgenV Con"Oor 2: Fhat Narrre Mating Address PO Box City I State C. //2ql .F/�..a/:� J", /LJ. ZIP Phone 9�®- No. 1 yli-�a3 Cxt- Pho t No. 2 _ _ exL FAX No. Contractor N Street Address (d dWerent from above) City stme ZIP {,. Emai <Form continues on back> RECEIVED t d88.2itCfA JUL 18 2019 DCM-MHD CITY [)CM WILMINGTON, NC Form DCM MP-1 (Page 2 of 4) J3v APPLICATION for Ma)Or Devetopment Permit 3. Project Location COurAy (can be m e) Street Address I Ani- State Rd. 0 4 �i- _ _ / ors Subdivisw Name City Sig* Tip a No. Lot No.(s) fif merry. atarh additinal page wlfh &so - - axL a In which NC nve basin is the project bcatm? b. Name of body of roller nearest to proposed project C- a Or�_ / r t 8 /4-6 AUl c. wamm ter body identified in (b) above. natural or anade? d. N1,04 the �t major water body to ttre propoa d prgeot sAe. rai ElManmade OUrAmawn iC do e: Is Proposed w[[[orli wthm city Hrrds m penning jurodichon? f. If appwsble, list Ilia planning jurisdlCton or city NmRihe proposed ❑y" viork tellswithin. N /lilt e. a. site DescriF toa e. Tamf iergfh Of shoreline on vw tract (ft) a sQe or errors tract (Sq.kl 00 l ZUoo� S.F. C Sae of individual lugs) d Appi� of bad above NNW rwmial ( High water) or /DDX �QV televation �winter luvw) fff many Inf sfaes. pfaase attach additional peg® wM, a bso Jr AKW a C.7NWL e. Vegetation on tract - f IAae-made fcahues arM use; row on tract yPS«%�G P g. Identify and describe the existirhg land uses aciapent to the proposed protect site h. How does toed govemmsid zone the tract? i. Is On proposed project cor mistent with she applican ble zoing? fps► d �,.�/ �� nq compliance te. A appicaad) ONO ONA J. Is the pioposed edb'Ay pert of an urban wineArort red-atopnWd proposer Oyae Ir. HIPS a professional andraeologiad assessment been done for ffte hacP if yes, abac h a ropy. Dyes OVO ONA It yea, by whom? t. lb ina proposed pn Y tOpted b a Natr«rd tzegi<kred t,Famrrc tNsaictordoes rf inv'Ohk: a C rt%g Vb ONA Netlaeal Register listed or eligible property? <Forlyt cionfi ms on r old 252-806.2808 :: 1-1190-ARCOA57 ;. RECEIVED - RECEIVED w.n cc *am to f as a nageme at. IVI�Y JUL 18 2019 R9 DCM-MHD CITY DCM WILMINGTON, NC Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are Uhare wetlands on the site? ayes (e) Air* there mastal wetlands on the sRe? Dyes (4) If yea to ehdhei (i) or (a) above, has a delineation been conducted? []Yes DNo (Attach docarnenlabon, Javedabfe) n. Describe enating wastewater t eatrnenl facilities. S-cp/l c o. Describe existing drinking water w{yty p. Describe a0dwinq; m www managaent or aeamrent e41CC O 5. Activities and Impacts a. Wit the project be for commercial, pubic, or private use? j l C mal EyiubtiUGovHnmerd aWCpranurty b. Give a thief desmpeim of piepose, vat aad defy cpersaftis of to projaot ohm oontplete. c. oesoibe the proposed oonahuerion methodology, types of wnenrvdion eryajrmatt to be aced during eorwtdcfior, the number of earth type of equipment and wtw* it is to be Sttored- �/ L Posit M1114 d. a - d. list ail devdopmc/`nt adrviees- - yw/Jpropnse � fl��-lam ljcJ�'tytC4K a. Ana the proposed activities maintenance of an eck4g ymjecL new woM or bolt? D f. What is ffhe apprarimate total disturbed land area resulting from the proposed prulect? 04Ft of [14cm s )e lz>o �rva g. Will the proposed project encroach on my public easemerht. pubic accesswa , or other area ❑Yp o [INA That Ute pudic has established use an , h. Describe location and type of axisting and proposed dWhergea to WOWS of the state. /' )he— i. Wit wastewater or stornmater ba discharged Into a wetland'+ Dyes No ❑NA If yes, well this discharged water be of the sarne salinity as the mcehAng vaaW. DYes ❑No DNA j. Is them any indcation proposed? ffFes DNA It yea, attach a mitigation proposal. 0"m condiflues on backer RECEIVED {DECEIVED z-aoa•zr(an .. t-pine-4ucDAsr _- r ...naa as i 019aen.. tf�tk'1 29 /CA DCM-MHD CITWCM WILMINGTON, NC Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit & Additional kdbi nation In addition to 11`epprSCBbAa, must be wlrrrcRlad n sift rirr the appecabon pockwe b bf cmnale[e. tent, (a)- (f) wro *treys ewe lo any nrejdr dovowff nit application. Pit"" ccvrsrdrMe appficaana instruction booldef on now to properly prepare the ngwad Aeons below. a. A project namadoe. b. An accurate, dated work plat (inckrding plan view and crowsectiona I drawings) drawn to scab. Please gve the present statue M Rite proposed project. is arry portion already oomploW, t pr*V ,.tsty authonzod work, Cie" v,dwate on maps, plats, drawngs w distinguish between work mntpteted aril proposed. c. A site or location map That is sufflowily datall d to grid, agency parse nd vhbririlar with the area to the site. d A dopy of the deed (will state application only) or other i skment VIdS which the applicant claims; title b the affected properties. e. The appropriate application fee. Check or money order made payable» DEW t A list of the names and complete address" of the adjaeemwatmkor+ (riparian) tandavi tern and >agred Tatum racelpis as Proof *01 such ohmlen$ tra•C recctieed a ooPY of dv epplcaeah end ptsls bywraae'd tied. Suct+7mdOwmrs meat be aduasd &mt d*y iw, a 30 dfya n which to arbrrvt cormnmds on the propcaed project to the DrAskin of CoasW Management name 6 eel fwirk ._ phone Nd Address �f! 1ti/ rs Ji%t 394-337— Nano Phone No, Address Name CO109'e 10 -O"t— Phunf No. Address / I�,JErex .4*44- 919-589- r3 of g. A. List 61 previous state or federal permit; issued for wok on the pro)W net tnckida permit rwumCehs, permittee, and ts%Lzng dates_ Ih Signed CaraAtard OF agent autmniiatlan loan. If appliCakIC i, wetland delineation, if necessary. j. A Signed AEC hazard notice for projects, in oceanfront and iset areas. (11" be signed by property owner) k A siaternent of compliance Mitt h the N.C. Enveaww" Policy Alt (N.C.G.S. 113A 1-10). if necessary. t tihe projectnvoNes expeneibae of public funds or use of public lands, attach a stakament dotumera tg connplanon with the North Carolina Environmental Policy Act. 1 7, Gertincation and Perwtlssion to Enter on Land 1 1 understand that any permit issued in response to this application will allow only the development desrnbed in the application. The project will be subject to the conditions and restriciio s contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to represer afives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that th information provided in this application is tltful to the best of my knowtedge. Date .Z 3 Print Name � / Signature RECEIVED Please indicate application attachments pertaining to your proposed project. ADCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culvert JUL 18 2019 I]DCM MP-3 Upland Development j]DCM MP-4 Structures information I)CM-MID CITY RECEIVED 252.90$-284e :: t-SBU-4RCOAST :: 2 9 Li `- DCM WILMINGTON, NC Form DCM MP-2 EXCAVATION and FILL (Except for bridges and cuiverts) Attach this form to Joint Application for LAMA Mayor Pemdt, Form DCM MP-t. Be arcs to complete al other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below The purpose of proposed excavation and/or 1i activities Al values should be given in feet Access Other Channel Canal Boat Basin Boat Romp Rock Groin Rock (excluding (NLW or Breakwater shoreline NIWI.) staYa7ization Length Width Existing PIA NA Depth Final Project N'r' KA Depth 1. EXCAVAr/OtV jPTMsection not applicable a Amount of material to be excavated from below NNW or NWL in b- Type of material to be excavated cubic yanfa o- (i) Does the area to be excavated include coastal wedarxlsarmrsh (CW ). submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are chocked. provide the number of squarefeetaffected. ❑CW rL-J'��S�� A�V0 __ ❑SB _.__ EWL (ii) Describe the purpose of the excavation h these areas: d ttigh-ground arcavation in prbic yards. 12. DISPOSAL OF EXCAVATED MATEML Iduns section nor applicable a Locaboo of rsposal area h area c. (i) Oo you claim title to disposal area? d. (i) Wig a disposal area borava;labie for future maintenance? 0YQs E040 ❑NA [:[Yes QNo []NA (1) If no, attach a letter grarning permission from the owner (ii] If Yea, where' e. (i) Does the disposal area mdude any coastal weaandsfmarsh I. () Does the deposal include any area in the wafer? (M). submerged aquatic vegetation (SAV). shell bottom (38), QVas ❑NO QNA or other weeands(WL)? If any boxes are Checked, orwde the RECEJVED nurt�ur�e�r of square feet affected. (i) if yes. how much water area h affected? DCW ❑SAV TSB ❑WL ❑None (3) Describe the purpose of disposal it these areas- J U L 18 2019 DCtA-MHD CITY RECEIVED t '. �:: gMii^tFsbi3 .• i-FiaA-4F.CfJA'S7 ,• s+wyyv.rtc:oa�tattrt�ragehr{rett m._mht `iay'Tsnd 2:«Aht: DCM WILMINGTON, NC h• iasm DGM MP-2 (ExcavaUors and PtH. Page 2 of 1) 4 s. SHOREUNE STAsiuzarn)w OTC 3actlon not L (Kdsveloprtrern Fs a rsooa 9rdn. uss MP-4— S&UQW W1 a Tvce d slwrelkno stabifaation: 0. LPnpCt: a' ❑BreakwilerfSi ❑[Wier:_ c. Average distance webmwad of NHW or NN/L, l .-? y o. Type of sCiW¢ation material: r dew ,eQ� g. Number of square fmt d fB tP be placed bdmr water level. Buiktaad hacifHfr �./'' F*V BreakwawrySi Other L Source of FA materiel. F!/Wrf fw.if d- iia)dn'MRfn /aaternc0 wa4erwarddtdHWorNWL: f. (U Has nnae boon shoreline erosion dung Preceding 12 es ❑No ❑NA (in) yes, stale arroUM of erosion andsource Of erosion amount kdauna6oru h. Typed" matenah.. t OTHER FILL ACTFWTIES [I INS wofion"app&caMe f (Exdudng Shoroine StaGill Mbrij a (i) Wit fillrnati mal be bro ght te the slta7 p,QYes UNO L_ KA If yes, ! G (u) Amount of matimd to be placed m the walef I� G", (if)Dmnemsionsd fill area _I-rx/00 (N) Purpose oral 5 — ✓PrfGI✓N 1/Qt� a. How will excavated w fill material be kept on site and erosion controlled? f,z�e C. (i) Wii nav ads be required as a result of the project? []Yes No ❑NA lilt) If ",plain what type and how they vW he implemented. (i) Will ail mate mal be placed in coastal wedandsimarsh (CW), stbrnerged aquatic vegetation (SAV), shell bottom (Sgy or other wetlands (WL)? It arty boxes are tltedced, provide Ills rxnnber of square feet eNncted ❑CVJ ❑S.AV _ []SR OWL Nora. 10 jx) Dr be Vie purpose of Gil M in these areas.' b. What type of construction equipment wi baduhoe, or hydraulic dredge)? d. (i) WIN wetlands let c transporting equipment to project site? ❑Yes C]in (i) H yes, ergilan sbPs eat will be taken to avoid or minimize wrvimrrrelnfef mpects. Date Applicant Nam J U L 18 2019 mmBeITY Prot" Name Applicant Signature RECEIVED f 2Yll it. tin DCM WILMINGTON, NC Ne Spears, Courtney From: Hilliard, Wanda Sent: Thursday, August 15, 2019 10.40 AM To: Spears, Courtney Cc: Moser, Mike Subject: FW: CAMA Major Application: Lawrence and Bert Davis Attachments: Send data from MFP12030417 08/15/2019 10:17 Thanks for the response from Debra Wilson. Wanda Hilliard Real Property Agent State Property Office Department of Administration 919-8074667 office Email: wanda.hilliard(d)doa.nc.gov NC. Department of Administration Mail Service Center 1321 Raleigh, NC 27699-1321 NC Department of Administration Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wilson, Debra <debra.wilson@ncdenr.gov> Sent: Tuesday, August 6, 2019 10:35 AM To: Hilliard, Wanda <wanda.hilliard@doa.nc.gov> Cc: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Subject: RE: CAMA Major Application: Lawrence and Bert Davis Lawrence Davis is the Dad and Bert Davis is his son. Debbie Wilson, District Manager NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405. (910) 796-7266 Fax: (910) 395-3964 debra.wilson_A) cdenr.eov LT--- --�Muing Coteµ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney <courtney.spears@ncdenr.eov> Sent: Tuesday, August 06, 2019 10:29 AM To: Wilson, Debra <debra.wilson@ncdenr.aov> Subject: FW: CAMA Major Application: Lawrence and Bert Davis Hi Debbie, Can you help Wanda with the question below? Thankyoul Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney. spears(o)ncden r.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Hilliard, Wanda Sent: Thursday, August 1, 2019 11:41 AM To: Pietila, Tanya K <tanya.pietila@ncdenr.aov>; Spears, Courtney <courtney.spears@ncdenr.eov> Subject: RE: CAMA Major Application: Lawrence and Bert Davis Based upon the attached Deed in your submisson, how are the owners on the Deed related to Lawrence and Bert Davis? Thanks Wanda Hilliard Real Property Agent State Property Office Department of Administration 919-807-4667 office Email: wanda.hilliard(d)doa.nc.gov NC. Department of Administration Mail Service Center 1321 Raleigh, NC 27699-1321 1 2. 0 4, 5. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Lawrence Davis c/o Tripp Pippin LOCATION OF PROJECT SITE: 43 Pipers Neck, adjacent to Banks Channel and Middle Sound, Figure Eight Island, New Hanover Co. PHOTO INDEX: 2006; 24-7408, O, 4 LATITUDE:34'15'12.31"N LONGITUDE:77'45'48.92"W INVESTIGATION TYPE: CAMA & DF INVESTIGATIVE PROCEDURE: PROCESSING PROCEDURE 6 SITE DESCRIPTION 7 E Date of Site Visit: 6/25/19 Applicant/Agent Present: NO Application Received: May29,2019 Office: Wilmington (A) Local Land Use Plan: New Hanover County Land Classification From LUP: Conservation (B) AEC(s) Involved: ES & PTS, EW Water Dependent: YES (C) Intended Use: Private (D) Wastewater Treatment: Existing — Municipal sewer Planned —N/A (E) Type of Structures: Existing — Single-family residence, and private residential docking facility Planned —Timber Bulkhead (F) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED CelfflA 7 (A) Uplands N/A N/A 2,000 sq. ft. (Disturbed) (B) Vegetated Wetlands N /A N/A N/A (C) Open Water 850 sq. ft. N/A N'r1 (D) Total Area Disturbed: 2,850 sq. ft. (0.065 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SA ORW Open: Yes PROJECT SUMMARY: The applicant is proposing to install a newtimber bulkhead. RECEIVED JUL 18 2019 DCM-MHD CITY Davis Page 2 9. The project site is located at 43 Pipers Neck Road on Figure Eight Island, adjacent to Banks Channel and Middle Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately 1 mile. Turn right onto Little Neck Road until you reach a stop sign at Pipers Neck Road. Turn right onto Pipers Neck Road and the property of interest will be located on the left just before you reach the cul-de-sac. The project site is approximately 0.6 acres in size and averages 5 feet above mean high water (MHW) with approximately 110 feet of shoreline frontage bordering Banks Channel which is currently stabilized by vegetation. Upland vegetation consists of ornamental shrubbery and grasses. There is a sparse area of Coastal Wetlands along the waterward edge of the consisting primarily of Salt Meadow Grass (Spartina patens). An existing elevated walkway leads from the house to an existing private access pier. The access pier extends from normal high water (NHW) a distance of 55' in length by 5' in width into Banks Channel. The pier terminates into a "T-head" platform, measuring 16' in length by 16' in width. An access ramp leads from the "T-head" platform onto a floating dock, measuring 16' in length by 14'in width, which runs in the same alignment as the fixed pier. There is an existing boatlift, measuring 12' in length by 12' in width located on the southern side of the floating dock. The existing docking facility currently accommodates three (3) vessels. The New Hanover County CAMA Land Use Plan classifies the area as Conservation. There are no known archaeological sites located within the immediate vicinity of the proposed project. The waters of Banks Channel are classified as SA ORW by the NC Division of Water Resources (DWR). The area is Not designated as a Primary Nursery Area by the NC Division of Marine Fisheries (DMF), and they are OPEN for the harvesting of shellfish. 10. PROPOSED PROJECT The applicant is proposing to install a new timber bulkhead. As proposed, the new timber bulkhead would tie into the adjacent bulkhead to the south and extend 100' northward to the waterward comer of the adjacent bulkhead to the north. Normal high water (NHW) is located approx. 9' waterward of the Coastal Wetland /vegetation line and abuts the existing bulkhead to the south. On the north side of the lot NHW is approx. 2' waterward of the vegetation and the adjacent bulkhead to the north is approx. 17' waterward of the NHW line which is where the applicant would like to align his proposed bulkhead. In other words, the applicant states that they would like to tie into the waterward comers of the adjacent bulkheads in order to stop the slow erosion of their property especially after Hurricane Florence. 11. ANTICIPATED EUPACTS As proposed, the new timber bulkhead would result in the filling of approximately 850 sq. ft. of and Estuarine and Public Trust Shoreline and Estuarine Waters at this location and would disturb approximately 2,000 sq. ft. of high ground within the 30 ft. Coastal Shoreline Buffer in the 575 ft. Coastal Shoreline/ORW AEC. Submitted by: Debra Wilson Date: July 2, 2019 011fice: Wilmington RECEIVED JUL 18 2019 DCM-MHD CITY ?0. 8�11291 OrkmfF=9/o-270-129D y��� nc IM04 (9TY:T) Motile 91"71-MXrvw.pYXrrnvi,e.0 bfp plppt� December 24, 2018 NCDENR 127 N. Cardinal Drive Wilmington, NC 29405 The enclosed CAMA Major Permit application is being submitted for Lawrence Davis at 43 Pipers Neck, Wilmington, NC 28411 The application is for the construction of a timber bulkhead to stop the erosion of their property. The erosion has been slowly washing away their yard. They would like to connect to the outer corners of the neighbors walls. This alignment would be fairly straight and not have any sharp turns that could cause more erosion. Trip Pippin Pippin Marine Construction, LLC RECEIVED JUL 18 2019 DCM-MHD CITY RECEIVED MAY 2 9 201' DCM WILMINGTON, NC N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date l Y Z j � Name of Property Owner Applying for Permit: � a�er- LA ,arence- �au's Mailing Address: N C-- .2 -7 y 08 I certify that I have authorized (agent) P ` to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) at (my property located at) at �V I knee A)e c L K d This certification is valid thru (date) C . 1 S Z 01 9. ) 4.11 L 7-- --TV1-, 1ki /10 Property Owner Signature Date RECEIVED 1W 2 4 A19 QC^! WILMINGTON, R,- From: Pietila, Tanya K Sent: Wednesday, July 10, 2019 1:16 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Mike Christenbury (mike.christenburv@ncdenr.gov) <rnike.christenbury@ncdenr.2ov>; DCR - Environmental —Review <Environmental.Review@ncdcr.sov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeialer@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Humphrey, Jeremy <jeremy.humphrev@ncdenr.gov>; Gupton, Sharon <sharon.eupton@ncdenr.eov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.laov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.eov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.aov>; Bouffard, Christine <CBouffard@nhcaov.com> Cc: Courtney Spears (Courtney.Spears(@ncdenr.eov) <Courtnev.Spears@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov>; Day, Susan <susan.dav@ncdenr.gov> Subject: CAMA Major Application: Lawrence and Bert Davis Hello All, Please accept this correspondence as the official distribution of CAMA application from Lawrence & Bert Davis for development in Wilmington (Figure 8 Island), New Hanover County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. @, r : Please com fete the bottom onion of he comment sheet with our information and si store NO oversized work plans have been submitted by the applicant For questions or concems, please contact Courtney Spears at courtnev.spearsna ncderingov or (910) 796-7426. Thank you, Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7427 Tanya.Pietila@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. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. NC Department of Administration Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Wednesday, July 10, 2019 3:34 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Christenbury, Mike <mike.christenburv@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Humphrey, Jeremy <ieremy.humphrey@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>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Bouffard, Christine <CBouffa rd @ nhcgov. com> Cc: Spears, Courtney <courtney.spears ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov>; Day, Susan <susan.day@ ncdenr.gov> Subject: RE: CAMA Major Application: Lawrence and Bert Davis All, Sharon alerted me to the fact that the other attachments failed to "attach" with the previous distribution. Please see attached for all documents! Thanks guys, Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7427 Tanva.Pi eti la@ncd enr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. ROY COOPER NORTH CAROLINA Goeentor Etnr vmnuOWQUaW NUCHAEL S. REGAN secretary BRAXTON C. DAVIS Director SENT VIA EMAIL August 12, 2019 Pippin Marine Construction c/o Trip Pippin trip0pip12inmarine.com Dear Mr. Pippin: This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of Lawrence and Bert Davis to undertake development activities at their property at 43 Pipers Neck, Figure 8 Island, 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- 12 2 (c) which would make October 26, 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). Permits Coordinator cc: WiRO file MHC file Tyler Crumbley, USACE, email cc Chad Cobur, DWR �aE > North Carolina Department of Enviro mcaU LrAW" I. Wston of Coastal Management W Irrtington Office 1 127 Cardinal Drtve Extension I VAh"YrIh n, North Carosna 2W5 %0.796.7215 .4 O'N Spears, Courtney From: Spears, Courtney Sent: Tuesday, August 6, 2019 10:29 AM To: Wilson, Debra Subject: FW: CAMA Major Application: Lawrence and Bert Davis Hi Debbie, Can you help Wanda with the question below? Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.soears a ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Hilliard, Wanda Sent: Thursday, August 1, 2019 11:41 AM To: Piet!la, Tanya K <tanya.pietila@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: CAMA Major Application: Lawrence and Bert Davis Based upon the attached Deed in your submisson, how are the owners on the Deed related to Lawrence and Bert Davis? Thanks Wanda Hilliard Real Property Agent State Property Office Department of Administration 919-807-4667 office Email: wanda.hilliard(c)doa.nc.gov NC. Department of Administration Mail Service Center 1321 Raleigh, NC 27699-1321 erswe a NC Department of Administration *IV Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Wednesday, July 10, 2019 3:34 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; DCR - Environmental_Review <Environmental.Review@ncdcr.gov>, Butler, Rodney A <Rodney.Butler@ncdcr.gov>; Zeigler, Mark D <mzeigler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; 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>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Bouffard, Christine <CBouffard@nhcgov.com> Cc: Spears, Courtney <courtnev.spears@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov>; Day, Susan <susari.dav@ncdenr.gov> Subject: RE: CAMA Major Application: Lawrence and Bert Davis All, Sharon alerted me to the fact that the other attachments failed to "attach" with the previous distribution. Please see attached for all documents! Thanks guys, Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7427 Tanya.Pietila(@ncdenr.gov AC-�'xaknq Cagy "— 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. From: Pietila, Tanya K Sent: Wednesday, July 10, 2019 1:16 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Mike Christenbury (mike.christenbury@ncdenr.gov) <mike.christenbury@ncdenr.gov>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Butler, Rodney A <Rodney.Butler@ncdcr:gov>; Zeigler, Mark D <mzeieler@nccommerce.com>; Harris, David B <davidharris@ncdot.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Humphrey, Jeremy <ieremy.humphrey@ncdenr.gov>; Gupton, Sharon s ^ <sharon.eupton@ncdenr.aov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.aov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.aov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.aov>; Bouffard, Christine <CBouffard@nhcgov.com> Cc: Courtney Spears (Courtney.Spears(@ncdenr.gov) <Courtney.Spears@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.aov>; Day, Susan <susan.dav@ncdenr.gov> Subject: CAMA Major Application: Lawrence and Bert Davis Hello All, Please accept this correspondence as the official distribution of CAMA application from Lawrence & Bert Davis for development in Wilmington (Figure 8 Island), New Hanover County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. OTE: Please cam lete the otto rtion of the comment sheet with Your information and si lure NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Courtney Spears at courtnev.spearsna.ncdenr.gov or (910) 796-7426. Thank you, Tanya Tanya Pietila Permit Support Specialist . NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 29405 Phone: (910)796-7427 Tanya.Pietila@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. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official 3 --- K(I Spears, Courtney From: trip@pippinmarine.com Sent: Thursday, July 18, 2019 10:20 PM To: Spears, Courtney Cc: Crumbley, Tyler A CIV USARMY CESAW (USA); Coburn, Chad Subject: (External] RE: Davis - 43 Pipers Neck - CAMA Major Permit App Attachments: 43 Pipers Neck Revised.pdf Courtney, I've added the requested information to the drawing. Let me know if you need anything else. Also, I'll resubmit the Agent Authorization form as soon as I get it back. Thanks, Trip Trip Pippin Pippin Marine Construction, LLC 910-270-1290 - Office 910-471-2034 - Cell www.pippinmarine.com -------- Original Message -------- Subject: Davis - 43 Pipers Neck - CAMA Major Permit App From: "Spears, Courtney" <courtney.spears@ncdenr.gov> Date: Thu, July 18, 2019 11:25 am To: "trip@pippinmarine.com" <trip@pippinmarine.com> Cc: "Crumbley, Tyler A CIV USARMY CESAW (USA)" <Tyler.A.Crumbley@usace.army.mil>, "Coburn, Chad" <chad.coburn@ncdenr.gov> Hi Trip, Attached please find a letter requesting additional information for the subject project. Please let me know if there are any questions. Kind regards, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office co u rtn ev. s o e a rs Ca. n cd e n r. o ov 127 Cardinal Drive Ext Wilmington, NC 28405 �c NOEUH CasOLMA July 18, 2019 Pippin Marine Construction c/o Tripp Pippin . trip@pippinmaz'ine.com SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for Lawrence and- . Bert Davis, at 43 Pipers Negk Road, Figure 8 Island, Wilmington, New Hanover County; .. I I. Mr. Pippin: ' This ,letter is in response to the above referenced CAMA permit application, which was accepted as. complete by the Division's Wilmington office on May 29, 2019. Processing of the applications is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) It is unclear from the provided workplan drawings if Coastal Wetlands will be filled, and if so, the area of impact. Please provide a drawing showing the Coastal Wetland boundary, normal high water, and the proposed bulkhead alignment. Currently, this information is spread amongst two drawings. Please also provide the square footage of proposed Coastal Wetlands impacts. 2) Please provide an updated agent authorization form. The form provided with the application materials was only valid until June 30, 2019. If you can provide to -this office a:copy, of the requested information within five working days from the date of this letter, DCM staff -will continue processing of the application and the processing clock will not be suspended. Ifthe required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. Ifyou have.any questions concerning these matters, please feel free to contact me by telephone at (910) - 796-7426, or by email at courtngy.ipears@ncdenr.gov. ncdenr.eov. ChaddCoburn, DWR v lnvtston or k.oasiai Mi :Tyler Cnrmbley; USACE Assistant Major Permits WiRO file MHC file _._—_.-T,-,N9itb.Ca[olkhTf?44axmbet!rOfiFYlY4pnmerteLbuall Ihl?(S1P4oF�s wumrnacavEoxres C12TO uu�tnetc�eraans�a+o �wltamgrv�+xara, 0 NORTH CAROUNA Ent' ""'mewal Ouahtr July 10, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Lawrence & Bert Davis / New Hanover County Hello Angie: Please publish the attached Notice in the Saturday, July 13, 2019 issue. ROY COOPER Gowmor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direaor, avukn ofCoaslal Momgem M The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7427. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. & Customer Assistance cc: MHC file Courtney Spears - WiRD Tyler Crumbley - USACE RECEIVED JUL 18 2019 State of North Carolina I Environmental Quality I Coastal Management DCM-MHD CITY 127 Cardinal Dive Eat., Wilmington, NC 29405 919 7% 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 May 29, 2019, Lawrence and Bert Davis proposed to install a new bulkhead at 43 Pipers Neck Rd, adjacent to Figure 8 Channel, Wthnington in New Hanover County. A copy of the application can be examined or copied at the office of Debbie F dson, 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 August 3, 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 JUL 18 2019 DCM-MHD CITY ROY COOPER Covanar MICHAEL S. REGAN secnM" BRAXTON C. DAVIS Director Pippin Marine Construction c/o Tripp Pippin P. O. Box 11291 Wilmington, NC 29404 W. Pippin, NORTH CAROLINA enwomnetml Quality July 2, 2019 The Division of Coastal Management (DCM) hereby acknowledges receipt of your application, as acting agent for Lawrence Davis, for State approval for installation of a timber bulkhead at the subject property located at 43 Pipers Neck Road, adjacent to Banks Channel and Middle Sound, on Figure Eight Island, New Hanover County. It was received as complete on May 29, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 12, 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 May 29, 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 Tyler Crumbley, ACE Doug Huggett, M14C Chad Coburn, DWR Christine Bouffard, LPO RECEJVED �,.. EE Q JUL 18 2019 North Carolina Department of Em hyrovnW Quaky I Division of Coastal Management Wilmington Office ! 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 DCM-MHD CITY 910.796.7215 NoTI(01$1?0A AMA PERMIT APPLIED FOR PROJECT: 7 COMMENTS ACCEPTED THROUGH August 3, 2019 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Lawrence TrippWilmington, NC 28411 Pippin N.C. DMSION OF COASTAL MANAGEMENT AGENT AWTHORIZATION FORM Name of Property Owner Applying for Permit: �oer� i aw�enc� lgvis �tL Mailing Address: n� WWna l certify that I have authornxd (agent) f rtp �� n to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits oeceasary to .� install or construct (activity) at (my property located at) This certification is valid thru (date) )fie. �O 1 Property Owner Signature RECEIVED JUL 18 Z019 DCM-MHD CITY DECEIVED �vj:, 2 9 /C!'7 DCM WILMIN.GTON,= p DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATKINMtAIVER FORM Name of Property Own Address of Property: (LOI Or bVeet I, ,48et Or Road, CRy & County) Agenf's Name ft: I�,L_' , Ataibittg Addr ass: f �� f Z/ 'Dx //Zf ,/ Agent's phone# .�+r tie I)cc N-4�, ' r e r_1:..1,. .��: 4W. . • ia.t :! :i!'t . • . 1: •, yl0 >• It 1�_It_b__ai ' I have no objection; it) this proposal. __— I have objections to this proposal, ff you have objecSons to what Is being propos94 you must noft tlee Division o(C;e&g d Manegenrent (DCM) An writlnp within 10 days of receipt of this nubm Contact infanne on for DCM ot'fkes is svath" at haul/wow.rnccoastalmafraaemernLnetlweWcmisiatl (tsr(np or by caWV 1-688-4RCOAS T. No response is considered the same as no objectlon N you have been noNRed by Cor~ Mae. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or rift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15 setback requirement. I do not wish to waive the 15' setback requirement (prop" Owner tnforma"on) 5rxma[ure n C bed L-awi`Qnte tlau5 r� Pn�Type Name Mailing Address 11 '' 6-41e- rest orbs /VI%. �-7YDg City/statQ00 3346) S43'>�2 bdav;s�9S',ne«t Telephone NumberlE Address c roM 12l15--- Deae (Riparian Property Owner information) Signature Print or Type Name RECEIVED Marling Address JUL 18 2019 Crtylstata� DCM-MHD CITY Te/apkm Number/Emart Address Dive MAY 2 9 2019 DCM WILMINGTON, ft CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Own Address of Property: kwL c oueer 4F, baser or Koao, u y & count') �t 2 Agent's Name#. ��r !� l�ct Mailing /Address: _ /, e t /jOk /12ftl Agent's phone # �f %}' ,/ � �21� � t Svc (mot �G Ia N Aq?14d I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. Zhave no objections to this proposal. I have objections to this proposal. ff you have objections to what is being proposed, you must notify the Division of coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is availableathtta:`www.nccoastaimanagement.neVWeWem/staff-listin9or by callingl-888-dRCOAST. the same have been notit WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. i do not wish to waive the 15' setback requirement. (Property Owner informatton) Signature c�be� �-wwI'ence Va�S � Print or Type Name Mailing Address bo��`/G�O City/ atazp (3IG) 543- '11� bdaysP9-"{ Telephone Number/E it Address eokp"4, (oM 1-21/5 / 1i _ Date /ED 2o, � ',X y� �� JUL 182019 Mailing Address fit( —� lU -M-MHD CITE' CitylState/Tip� (`' - - U e e -may 1 ati . �Dk Telephone Number/Email Add ss I- /y-i"l 29 72:ij; Date -�- . (Rew OCM WILjIMfNGTON, f;C DIVISION OF COASTAL MANAGEMENT `, : r ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIOl MANE! R" Name of property Owner. Address of Property: 7"3 151 Lfn //1/&/(- 0 ali�+l life r (Lot or Street #, Street or Road, Cgy & C u*) Agent's Name#. 741;2 17 111 Ma ts9A4 L /3©K f14fl Agents phone #: rD- ?� ` f— fiV_ c f+srt �C Qu /u-t/-< O2i�`1 f�7 I hereby testify fhat t own prop" adjacent to the above referenced property_ The individual applying for this permit has described to me as shown on the attached drawingthe development they are proposing. A dggp41fiph or drams, with dimensions must be provided with this fetter. i have no objections to this proposal ____ I nac z of jea [ions to Ius propose;. ff you have abjeeflons to what is being proposed, you must norffy the Division of Coal MMagement (DCM) in writing wtmin 10 clays of receipt of this notice. Contact information for DCM offices is ayaifabfeat¢ ta..iw�vr�t crr�sta�ananaawnentrrettweblsm/ssaffiistrurorbycaffing1.M-4RCOAST WAIVER SECTION 1 understand that a pier, dock mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waved by me. (tf you wish to waive the setback, you must: initial the appropriate Malik below.) I do wish to waive the 15' setback requirement DECEIVED I do riot wish to waive the 15' setback requirement I $ 2019 (Propesiy Owner Information) sioLxlure Cgberf E awl e�ce �av 5 Prima or Type Name , vc 77 L_JP-y Ae Ave. Marling Address ! �jeens�or�� t)C �r7go$ Telephone Number Address Ca �a, ro+ti 1 ZZ 15--% 1 Dare AHD CITY {Ri arfan P OOwnner,Information) s� ,-rN Print or Type Name J�2D1 NtDRICr� �t�. Marling Address 64ZEtrJS fD Rom. Ac, z74 0 CflylStataOp Telephone Numberl Emaif Address RECEIVED Drte I2,-3©_18 mAy292019 (Rftfsed Aug._ 2014) DCM WILM!NGTON, NC POstal Service CERTIFIED MAIL7� RECEIPT oty r, tr m �� �3.<5 0<00 20 irw o.wft�f p nj _ ._ fD•� m .70 12/26/2018 w S" d....... e y7� T m m ir a^ 0 m 0 0 0 0 a o- ru ti m 0 r RECEIVED JUL 18 2019 DCM-MHD CITY RECEIVED MAY 2 9 2019 DCM WILMINGTON, NC ■ Comp'ete items 1, 2, and 3. . ■. Print your name and atldMss,on the reverse' so that we can return the card to you:' ■ Attach this cafd to the back of thi iriailpiece or on the frgntjtspp'tt..ry 1 Aftkle Addr' µ, . -- %%�� r t 11i�Nlilllli!II!!I i[fl(If�!II�Ililll111 9590 9402 4563 8278 1972 17 ._2._Ar;tcle Number [�ransfer Yom service^ %abe1J 7018 2290 0000 8092 2295 i PS Form 3811, July 2015 PSN 753e-02-00"053 ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse " so that we can return the card to you. IN Atach this card to the back pf the mailpiece, or on the front if space permits. �1. AAc;a Nddrese d t, sa* D r ,2 illli�llilll'ilililil�il I!II Ili�l� illlllllllll 9590 9402 4563 8278 1968 90 118 2290 0000 8091 9387 3811. July 2015 PSN 753C-02- J00-9053 �< r by D. Is ddYv&y address:differert f OPp -:0 1? LP'"as If YES, enter celrvery addresso > 11Co J 1' a �. aervtce type 1 Pruet=y MalE prM rl rbult5rnd-em tal O jjSStltl It t' rr.Vre FeS[ated DeN^ry I' y.Ye=a 1! IR Cel= U -,fted WP. R U Certified MeW Reatr".oted fletivery G lielvn Ra.:alp; :a ales on Cn4vrry _r of eel er Ceivery ReLiotexl Dagvy 9t'tvow .atlon'� G InsurM M 1 w -+�v<a �crl' twY,on ❑l:aurcd Afal {l bfLOtl cNI,y i45str'me� 0.T.vey Domesec Re�urn Receipt nat ❑ Agent C Adtlre_see B elved by (f �r d !same) G Due of Derve. =t r, D Isd-avery address ofifvnt from item 1? ❑Yes If YES, cnterdellveryaddress below: ❑ Na 3. Service Type G Priamj Mast Expm,,D ❑ Z t sip"Wl D Registered tfal'� C lafult 5grature Re V;ctx Detnery adert)fied Mal& Cfiegi=-.tau: !.ir6: Restrlctac r l CaRifled Mml Restncta OWlvery oa6vcry St Return Re;'t for ❑ CpIleUraHkHvery MarUana �(,ol oct on De?: a.9 RosircteE De Cs'ne 4�g atom :;onl rnot on*=' In t retl Mail l neh ra ConE,rry a M 7 Insured ail Restr,aai delivery Rr.-st=.cted ueuvery _ Dornusrlc Aet�rn Receipt RECEIVED JUL 18 2019 DCM-MHD CITY RECEIVED MAY 2 9 2019 DCM WILWNGTCIN, NC hCPLU�C�I ^' , RECEIVED '7C'� ✓�✓1S ,�6;27 I C> If o� �r I u'e MAY 2 8 2019 31 a l aig h 1 �_ � %6©�/ DCM WILMINGTON, NC RECEIVED JUL 18 2019 {'f')cz✓�c5e� r7'� DCM-MHD CITY Cep ; I vr, Ir-q+-O� {� MOy;2y �o raj DL:=aar De-bbl e� .1 n �v�+mob eY �Ol ej � /-1 vc r i ice ne �/or�nce LtgQ 5h�--d aLkqaL� Q pbc+16, of tout- o p e C-+ y Or 130nKsC'hanc,el Q+ qg P, Pecs neQ-K p I ( ' -T5/0ncl , �� , +h����h da TRIP P,pptr;(��,j+�;P�ir>rnGcrr�e,eon)) �iled Q� �'�'�a.+low fiD I�Si'�lj Q bvlKh� 0� fYle 0cle1 Sm4h pcope ri-� j v3l-,3couf-h 0 l G Ur- / p f a n d jj or-dc'r) Jbv I K head U "3j V bbr +h 6-1� 00c l D-I r (le q(,cnr7-)e'n4 ,Luou/a by cc 8fc4IgV14- 1117Q be-f uo e-,.r-) t hoses a b uI KhealS. Th, ©c.voec S d-C-! hoSB prof eHi6,gl >1 s ter,+ ed 1 r7 cc) r 'I f I riG to + h-a-. pro se-d c an sF� ue+Io,; aLC o bol KVIe0d W6 Pb. Sho`c-II�e i1 �I-)0"e hI i-- 0fpc�cevlfl� QWICQL+/bb� 15 no 1 on year w i+Pl �130)fi c, appace:r+)y RECEIVED MAY 2 8 2019 DCM WILMINGTON, NC Le>e_ r'n a<4 10 9 v I c-(-� Cl o-f 1 sec f- r) f d l�o+ +hC�--c-e L�ctS o re0-0rcl off' -Eh e el9jw""/. (� n(-;/osed I S O c�c, L1 1 i� K c� -j� DO. 00 -r oe' pc oce-f�5 a p p1) w � c` 0 b 'e- hel)p'ru/. �ha�►��`�r yc�� �� yo�� f-�,�dossist��� CCe p C C'2 RECEIVED JUL 18 2019 DCM-MHD CITY �tQr PiCF t�rs:ics 1266 +IR 1lttmtilA! 2 14 5 Colo SEr rl s f!'M T��if.. Swim Tin It A � - •att� � t.er.t b' - i �t _Dais. III....�PdYe _ ._... -_,. --.._ A -be *wto..a ra ae h r 43 8c2 �- NORM CAROLINA GENERAL WARRANTY DEED rota DaED a.et fats 7�' by � s�twteer . n 64 . b ,y ►.�.� BLn 232 Fo Forest Br 8_ Larrmoe Davis. Ill and hie trite, 232 Forest amok Drive Alexandra holderne'sa Davis ilinstoa-gals. BC 27106 2629 Tatton Drive Raleigh, aC 27608 rr... �r tt.. r .+....n, �.� r� ea ■ .w�nr, r�s w .�. v vssry � t�rM i6. 40142.e Cmt r "d caudit i ma4 hn .6.D r,A.& .:l s.rtr. uaw 6.6.,'j, i w raH 1n1Ye . ►I,n.l. mat ta_oc a' I..ter - I., by 4atnt. mrT amm aw ME comtl. tR . vaY wash atm. m P d b tat Q ft The mm* 0� }6tt6 tf/tb .t<ssvl.j�ei. W by them W..b 4q a:at. M,,ia rit si , r. u. Coates a. rays .a th" ..av tet - pats teed aontet m tM cy a<PigDre right ISIM d T� New Hanover C...p. 7:ort6GMie. oa state . aoGei.tb 4.ribed u i.lion- Being all of lot 43, Section 2, Block B of the property of Pigore Eight island ed abo� in Book 1011 at Page 297. Moom nby map ��f �=d&d in Map Book 14 at Page 3 of the 0amvet Coun ty registry and being the same Property="W y Bruton 6. Womble and his vile. ,loan P_ go.tble by deed dated Bo.embar 9, 1976 and record in the Office of the Register of Deeds of Rev Hanover Coum[y oh November 11, 1976 RECEIVED JUL 18 2019 DCM-MHD CITY RECEIVED MAY 2 9 2019 DCM WILMINGTON, NC A• 1266 1857 , . SOK IM 2145 0081 97FB27 8fl10i2 :.ECOWD Ay TM9 "R f NW OUT$ ! �NEmGSTER OF BUM The FAW el asaehrre e.reiet w. wr•.i M fware b Fnea jMm Past a R aaaeriar fV .►..e anc+.tie/ pp" u aura r Pht Bed 14 ~ 3 _. 70 >LtaE Giro ro AOIn be efeeeri.e lr w ^nrl eaF rW ri M ariAaer eras arpmq ad eum hit lb aae crri. .tai :ca Gu rraroW rrth re three a� G.rr -r armA of the, i fee e�ip We tkf Us et b m aiwlq al.e hue a aar&KM6. e" bw W clear of ea •oWr+.sa urt de, Co.rr.m dread W0. to" aaraq the brfrl obey rl W some rfru.e.v era.t ler lae ea.xpirs here�M etlri 1sW r aw erpO ` - dmrib d r aAied r tl %Pa na►nr: Deed of Trust dated august 9. 1977 and recorded in Dead Book lle9, Page 118. " the office of the "istet of Deeds of aer Hameer County aecaQinq an obii9atioe to Cooperative Savings and Loan assocjatieml is the original principal amount of $78,000. r ova rv�r. r �r r. w.r ra W r r r ......rs. r •>.ne r rrr r r r w r^"�i! M w �.4 rsrY.r .mvv N ar r r r rear. r.a ar ...r4 r r air .r r+rf r, i >�ar, w Dinety DaAIeT Y i—_..__....�—_..__......—_..�. J ` ... ............__.�.._ -___••grata arr,oarbpr nar r r eiy r err r..e^at rntr a��feaSs�.a�z � —!_— errs w Y � rg rtrertt ebmsrref! eras arr�. M er yya. QJ v t , area r.eee r r tew r car atrrrti r� _-- a pr r r r. o r w e.�ea.r r errert rrrr r r r r ws�`i rr wow mr r.�rr..wr+rw �ltr rq+..err rer erne rerr racer+elw •---•-----tea'.-Fr�-r-ali'�.�= .�.taw.r.swa._IZLtt.t.l�eTfilpicLF/,�srne RECEIVED r>�r RECEIVED JUL 18 2019 MAY 2 9 2011, F"t Off am 831 6lelad, asru Camliss 22W EXPLAKATWN STATLmwr 70 coaawr h1T94 ERRORW MADE 01 AN 867RfadW AS Otl[gIAUy YBLoigEKW PACE SIM12MFAMpK 2145 Bi8t STA76 OF NORTH CAROIJLI rstb N.C..QS i 4-X 1. Rc rduagporl bwt 1+os7 omb chokedt oawl dom—Exot—m t snook aw Pai IRK, Nam I6oras Cwsw Roomy. Nadr Chaatas, lr r» Rs rtmt as he mama 0 ascot m bobw= arm in or lyi 4mm"m of k I 1 0 calslad WW* (a arm} MOM* dQaid aaaa aatar be w -Rtkg at 1 Id 43. S — 2 mock a _ - as steam by mr dossat asnsid in bi* Boat K PAW 3.- 71is is a� by dmion de koll deavam d de p-pany aiweyd m ad -Rags al of Is 4, Soca m Ekmm Rind B . - ' Tb sormy It Smoot Elrom ad T4laq Fife EW tamd stawoft i lt4 nod M. PW 3 dees an sdar o s Sactian 2 mid Me pates nkohd as MRT tv Sams Ek+ef. The wood amonow a omd mt %=I, 13es ate2 {- % of Fdrsarr, If92 E Lsseo Dasi, i6 the cWbo mom aoams� sok McWid" iaaaa 4* moaoasld at AF 5T oclod -&hIrnod 656 .IM iYet and pp Ampsoias Bn 4Y PW deaf_ Mu" CM OM � 1 a •• � IYc p11 ra"1: i .® RECEIVED Jl1L 18 2019 DCM MHD CITY. RECEIVED MAY DCM WIEMfNGTON, NC M1` JUL 18 2019 nrM-MHD CITY lk MAY 2 9 201" DCM WILMINGTOWNC NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Figure 8 Channel Fee: $400 jE118 / CDAITS V_ MHC cc Applicant Davis, Lawrence & Bert Agent/Contractor: Pippin Marine Construction c% Trip Pippin Project Site County: New Hanover Staff: Debbie Wilson District: Wilmington Project Name: 43 Pipers Neck Road Rover File: n1a River Basin ,e o Initial date of application submittal: 5-29-19 Date application "received as complete' in the Field office: SITE DESCRIPTION/PERMIT INFORMATION ORW: s No I PNA: ❑Yes Photos Taken: Yes El N Setback Required (riparian): Yes Wo Critical Habitat: LJYes KLNo LJ Not Sure 15 foot waiver obtained: E]Yes;4NO Hazard N fication Returned: ❑Yes No SAV: []Yes o ❑Not Sure Shell Bottom: ❑Yes o ❑ Not Temporary Impacts: ❑Yes , o Sure Sandbags: Yes Zizo Not Sure Did the land use cla sification come from LUP: Mees ❑No Mitigation Required (optional): ❑Yes %Np county Moratorium Conditions: Environmental A sessment Done: Length of Shoreline: ❑Yes XNo ❑NA ❑Yes ❑No // 0 FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) pe _-or- Closed SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ High Quality Waters (HQW) %. Outstanding Resource Waters (ORW) WETLANDS ❑ (404) Corp. of Engineers (Jurisdictional Lj (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distich (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (fypha 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 ElIII(D) Priv. public or Comm w/ D&F to 1 ca a applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 0 111(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - El II. Public or commercial/no dredge $100 and/or fill - $400 RECEIAIRD ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 J U L 18 2019 DCM-MHD CITY Davis, Lawrence & Bert Date: 5-29-19 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 s Maint ❑ El, Y New Work Lj Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New WorW= Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Lj 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) impact amount) temp impacts) amount (/V Dredge ❑ FiIkg'Both ❑ Other ❑ `- Dredge ❑ Fill ❑ Both ❑ Other O (%�� 2 i% cj 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 :: 1-688-4RCOAST :: w .nccoastalmanagemeM.aet revised: 02/26i13 I, PATRICK C. 15RI5TOW, CERTIFY THAT TH15 PROPERTY WA5 5URVEYED AND MAP DRAWN UNDER MY 5UPEKV1510N: DESCRIPTION A5 SHOWN ON THE FACE Of THIS PLAT; RATIO OF PREC1510N A5 CALCULATED BY COMPUTER 15 1:10,000+; THAT THE BOUNDARIE5 NOT 5URVEYED ARE 5HOWN BY BROKEN UNE5 PLOTTED FROM INFORMATION REFERENCED; THAT TH15 PLAT WAS PREPARED IN ACCORDANCE WITH THE 5TANDARD5 OF PRACTICE FOR LAND 5URVEINNG IN NORTH CAROUNK (21 NCAC 56.1 G04); VATNE55 MY ORIGINAL SIGNATURE, UCEN5URE NUMBER AND SEAL TH15 30TH DAY OF JANUARY A.D. 2019. PATRICK C. BR15TOW N.C. PL5 No. L-4148 LINE TABLE LINE LENGTH BEARING L I G.95 570027'3G" E L2 20. 1 1 N34042' 1 4"E L3 18.7E N 12°48'5G"E L4 1 &07 N29048' 18" E L5 16.32 N33°20'49T LG 17.90 N 15°33'02"E L7 17.13 NO3°09'49"W L8 2.G9 NG7028' 1 7"W 19 1.39 N70027'27"W L I O 20.40 N32025'54" E LI 1 IO.G9 N2I05450"E L 1 2 I G.BG N330371 9"E L13 2I.G4 N3404['IGt L 14 22.84 N23000'03"E L 15 18.47 N05002'04"W LIG 19.91 5G7028' 17"E N J•c # �4. OR, wi_ a MA50N5 CHANNEL EBB FLOOD CA(����i,�� ��.,. • ESSI J I�E A L .?o -z o �9 L— 148 Inii1lo`��� LOCATION MAP NOT TO SCALE SURVEY REFERENCE MAP BOOK 14 PAGE 3 DEED BOOK 5703 PAGE 2994 FLOATING �- DOCK i BOAT LIFT NOA°°%,"5"" it PI � QI 01 t1 �I - I COASTAL i N I VEGETATION 19 I I NEIGHBOR'S I WOODEN BULKHEAD N/F SMITH LOT 41 DB 2271 PG 837 I5URVEYED LOT 15 SUBJECT TO ALL I EASEMENTS, RY5TRICTION5 OR COVENANTS OF RECORD. PIPERS NECK ROAD 60' PRIVATE RJW LIO LII L! NOTE: TH15 LOT 15 LOCATED 00 �- IN ZONE AE (EL. 1 2) A5 PER MAP # 372031 7800 K `'7 COMMUNITY ID # 370168 DATED: AUGUST 25. 2016 PI -PIER � ' Oa N N/F JORDAN I p LOT 45 N DB 30G4 PG 9G7 ' NORMAL I ' HIGH WATER NEIGHBOR'S :) g g WOODEN ' L 14 L8 BULKHEAD L'5 LG � 1 0 ' O 30'CAMA BUFFER z O UPLAND IMPROVEMENTS NOT SHOWN - w r O �L t N u Hi uj Z N C\ NORMAL HIGH WATER E COASTAL VEGETATION MARKED BY DEBBIE WILSON WITH DIVISION OF COASTAL MANAGEMENT ON JANUARY 24, 2019 S 1 6'Oo �O SSA TERMINUS � OF R/W SA0 W A J .5VaCH.=73.99' m I- �0\/ / m I O t0-2:39"W �? 0 1 CH.=25. 10' / 1n � L n 5URVEY OF HIGH WATER AND COASTAL VEGETATION LINE FOR < BERT DAVIS n o m LOT 43 5ECTION I I BLOCK B FIGURE EIGHT ISLAND hARNETT TOWNSHIP NEW HANOVER COUNTY, N.C. 5AAND FKOJECTWIGURE EIGHT ISLAND 5EC I I BLK 5 LOT 43W.,3\43 PIPERS NECK JANUARY 30, 2019 O.G08 AC.:t 40 0 20 40 80 1 INCH = 40 FEET LEGEND O = EXI5TING IRON PIPE = CENTERLINE O — CONTROL MONUMENT Q= SET IRON PIPE Q= SURVEY NAIL • — PILING THIS MAP AND FIELD SURVEY WERE MADE FOR THE EXCLU51VE U5E OF THE PERSON, PER5ON5, OR ENTITY NAMED IN THE CERTIFICATION HEREON AND MAY BE USED BY SAME FOR ANY PURP05E REQUIRED IN FURTHERANCE OF THEIR (IT5) NEEDS AS AS REGARDS TITLE, PERMITTING OR INSURANCE REQUIREMENTS OF ANY PUBUC. PRIVATE OR GOVERNMENTAL AGENCY. PATRICK C. BRISTOW LAND SURVEYING, PC 4113-A OLEANDER DRIVE WILMINGTON, N.C. 28403 PHONE: (910)791-1500 P-MAIL : patObristowsurvcying.com FIRM 1ICENSURE NO. C%IWI,. .... . . LIM MAY 2 9 Z019